departure began to be knowne and noysed abroad the kinges officers came to Canterbury to season vppon hys goodes in the kinges behalfe But as it chanced the night before their comming Becket being returned and founde at home they did not proceede in their purpose Upon this the Archbishop vnderstanding the kyng sore bent agaynst hym and the seas not to serue hym made hast to the court lying then at woodstock Where the king receaued him after a certayne maner but nothing so familiarly as he was wont taunting him gestingly merily as though one realme were not able to hold them both Becket although he was permitted to go and come at his pleasure to the court yet could not obtaine the fauour that he would perceiuing both in himselfe and confessing no lesse to other how the matter would fall out so that eyther he should be coÌstrayned to geue ouer with shame or stoutly stand to that which he had so holdly taken in hand The Archbishop of Yorke in the meane time going betweene the kyng and the Archbish. laboured to make a peace loue betweene them but the King in no case would be reconciled vnlesse the other would subscribe to his lawes So the while neyther the K. would otherwise agree nor yet the archb in any wise would subscribe there was a foule discorde Where the fault was let the reader here iudge betwene theÌ both The K. for his regall authoritie thought it much that any subiect of hys should stand agaynst him The Archb. agayne bearing himselfe bold vppon the authoritie especially vpon the letters of the P. lately writteÌ to him thought hym strong inough agaynst the king all hys realme Againe such was his quarell for the maintenance of liberties and glory of the Church that he could lacke no setters on fauourers in that behalfe in so swete a cause amongest the clergy Wherfore the Archb. trusting to these thinges would geue no place but by vertue of his Apostolike authoritie gaue censure vpon these lawes and constitutions of the king condemning some other some approuing for good and catholicke as is before declared Besides this there came also to the K. Rotrodus Archbishop of Rotomage sent from the Pope to make peace betweene the K. and Canterbury Whereunto the king was well content so that the Pope would agree to ratifie hys ordinances But wheÌ that could in no wise be obtayned at the Popes handes then the king beyng stopped and frustrate of hys purpose by reason of Beckets Apostolike legacie being Legatus a Latere thought good to send vp to the pope and so dyd to obtayne of hym that the same authoritie of the Apostolike Legacy might be conferd to an other after his appointment which was the Archbishop of Yorke But the pope denied Notwithstanding at the request of the kings Clergy the Pope was content that the king should be Legate hymselfe whereat the kyng tooke great indignation as Houeden writeth so that he sent the Pope hys letters agayne Here the Pope was perplexed on both sides If he should haue denied the kyng that was to hote for him For the Pope vseth always to hold in with kings howsoeuer the world speedeth Agayne if he should haue forsaken such a churchly chaplen the cause being so sweete and so gainefull that should haue bene agaynst himselfe what did he theÌ Here now commeth in the old practise of popish prelacy to play with both hands priuily he coÌspireth with the one and openly dissembleth with the other First he granted to the kings ambassadors their request to haue the Legate remooued and to place in that office the Archbishop of Yorke after his owne contentation and yet notwithstanding to tender the cause of Tho. Becket he addeth this promise withall that the sayd Becket should receiue no harme or damage therby Thus the Pope craftily conneying the matter betwene them both glad to further the Archbishop for his owne aduantage and yet lothe to deny the king for displeasure writeth to the king openly and also secretly directeth another letter to Becket the contents wherof here follow Alexander the Pope to Thomas Archb. of Caunterbury ALthough we condescending to the kings request haue grauÌted the gifte of our legacie after his minde from you yet let not your minde therby be discomforted nor brought into sighes of dispaire For before that we had graunted that or gaue oure consent thereunto the kings ambassadours firmely promised in the word of trueth ready also to be sworne vpon the same if I would haue so required that their letters also which he had obtained should not be deliuered to the Archbishop of York without our knowledge and consent therein This is certaine and so perswade your self boldly without any scruple doubt or mistrust that it was neuer my minde or purpose nor euer shal be God willing to subdue you or your Church vnder the obedience of any person to be subiect saue onely to the Bishop of Rome And therfore we warne you and charge you that if you shall perceiue the king to deliuer these foresaide letters which we trust he will not attempt without our knowledge to doe forthwith by some trustie messenger or by your letters you will geue vs knowledge therof wherby we may prouide vpoÌ the same both for your person your Churche and also your citie committed to you to be clerely exempt by our authoritie Apostolicall from all power iurisdiction of any legacie Upon these letters and such other as is sayd before Becket seemed to take all his boldnesse to be so stoute and sturdy against his Prince as he was The Pope beside these sent secretly this Chaplaine of hys and directed an other letter also vnto the king granting and permitting at his request to make the Archbishop of Yorke Legate Apostolicall The king after he had receiued his letters sent from the Pope beganne to put more strength to his purposed procedings against the Archbishop first beginning wyth the inferiors of the clergy such as were offenders agaynst his lawes as fellons robbers quarellers breakers of peace and especially such as had committed homicide and murders wherof more then an hundred at that time were prooued vpon the clergy as witnesseth Guliel NeuburgeÌsis in his booke de gestis Anglorum lib. 2. cap. 16 vrging and coÌstraining them to be arreigned after the order of the lawe temporall and iustice to be ministred to them according to their deserts as first to be depriued and so to be committed to the secular hands This seemed to Becket to derogate froÌ the liberties of holy church that the secular power should passe in causes criminall or sit in iudgemeÌt against any ecclesiasticall person This law the roisters then of the clergy had picked and forged out of Anacletus Euaristus by whole falsly alleaged and pretensed authoritie they haue deduced this their constitution from the Apostles which geueth immunity to all ecclesiasticall persons to be free from
in Ecclesiasticall matters as in callyng the people to Gods seruice in cutting down groues in destroying images in gathering tithes into the Lordes house in dedicating the teÌple in blessing the people in castyng downe the brasen SerpeÌt within the teÌple in correcting deposing Priestes in coÌstituting the order offices of Priestes in commaundyng such thynges as pertained to the seruice worshyp of God in punishyng the contrary c. And in the new Testament what meaneth the exaÌple of Christ himselfe both geuing teaching tribute to be geuen to Caesar to Caesar I say not to the high Priest What meaneth his wordes to Pilate not denying power to be geuen to him from aboue And agayne declaryng the kynges of nations to haue dominioÌ ouer theÌ willing his Disciples not so to do geuyng vs to vnderstaÌd the difference betwene the regimeÌt of his spirituall kingdome of the kingdome of this world willyng all worldly states to be subiect vnder the superiour rulers Magistrates in whose regiment is dominioÌ and subiectioÌ not in the other Whereunto accordeth also the doctrine of S. Paule where it is written let euery soule be subiect to the higher powers vnder whose obedience neither Pope Cardinall Patriarch Byshop Priest Frier nor Monke is excepted nor exempted as Theophilactus expouÌdyng the same place declareth sayth Vniuersos erudit siue sacerdos sit ille siue monachus siue Apostolus vt se principibus subdant that is he teacheth all sortes whether he bee Priest or Monke or els Apostle that they should submit themselues vnder their Princes c. And S. Augustine writyng ad Bonifacium sayth in much like sort Quicunque autem legibus imperatoris quae pro Dei veritate feruntur obtemperare non vult acquirit grande supplicium that is whosoeuer refuseth to obey the lawes of the Emperor which make for the veritie of God incurreth the daunger of great punishmeÌt c. Also in an other place writyng coÌâra Cresconium hath these words In hoc enim reges sicut eis diuiniâus praecipitur Deo seruiunt in quantum reges si in suo regno bona iubeant mala prohibeant non solùm quae pertinent ad humanam sâcietarem verumetiam quae ad diuinam religioné c. that is Kynges accordyng as it is inioyned them of God do serue God in that they are kynges if they in their kyngdome commaunde those thynges that be good forbid thynges that be euill such as appertaine not onely to humaine societie but also to Gods Religion c. And yet to come more neare to the Popes owne Doctours Thomas Aquine not much discrepant from the iniunction of the Apostle aboue alledged thus describeth the office of a kyng Hoc inquit officium rex se suscepisse cognoscat vt sit in regno sicut in corpore anima sicut Deus in mundo c. Let a kyng sayth he vnderstand that he hath taken this office vpon him to be as the soule within the body and as God in the world In like agreemeÌt with the holy Apostle S. Paule ioyneth also S. Peter be you subiect sayth he to euery humaine creature whether it be to the king as most preeminent or to other set ouer you c. Where the common Glose addeth thereto to obey the same whether they be good or euill These places rightly pondered let any maÌ now iudge whether the Pope hath done open wrong to the Emperour in surprising aboue the iurisdiction of his lawfull Prince and Magistrat notwithstaÌdyng whatsoeuer his owne Canon law sayth to the contrary And as it is sufficiently hetherto proued by Gods law that all Ecclesiasticall persons owe their due subiection to their lawfull Princes in matters as well teÌporall as spirituall so no lesse euideÌces may also be inferred out of maÌs law and examples of the oldest fathers to proue the same And first to begyn with the example of Gregory the great who in his Epistle to Mauritius writeth thus Dominus meus fuisti quando adhuc Dominus omnium non eras Ecce per me seruum vltimum suum vestrum respondebit Christus c. that is You were theÌ my Lord wheÌ you were not the Lord of the whole Empire behold Christ him selfe shall make you auÌswere by me which am his most simplest seruauÌt and yours c. And before him Eleutherius his predecessour Byshop of Rome writyng to Lucius kyng of this Realme calleth him by the name of Christes Uicare But what needeth much confirmation of this matter wheÌ the Popes decrees Canons be full of recordes hereof testifiyng how the auncient Church of Rome not onely receaued but also required of the Emperours lawes coÌstitutions to be made touchyng not onely such causes but also such persons as were Ecclesiasticall And here to omit by the way the chap. Principes seculi also cap. Administratores 23. q. 5. with diuers other beside I will recite out of the Epistle of Boniface the 1. to the Emperour Honorius so much as serueth for our purpose written dist 92. cap. Ecclesiae cap. Victor Where it is mentioned that the sayd Bonifacius Byshop of Rome sent an huÌble supplication to the forenamed Emperour desiryng him by his authoritie to prouide some remedy against the ambitious coÌtentions of the clergie concerning the bishoprike of Rome Which Emperor Honorius incontinent at his request directed stablished a law that none should be made Byshop of Rome through ambitioÌ charging all Ecclesiasticall Ministers to surcease froÌ ambition appointyng moreouer that if two were elected together neither of them both should be takeÌ but the election to proceed further to an other to be chosen by a full consent of voyces as is expressed Dist. 79. cap. Si duo To this I adioyne also the law constitution of Iustinian the Emperour ratified and renued afterward in the counsell of Paris in tyme of king Ludouicus Pius Where all Byshops Priestes be expresly forbiddeÌ not to excommunicate any maÌ before his cause was knowen proued to be such as for the whiche the auncient Canons of the Church would him to be excoÌmunicate And if any should otherwise proceede coÌtrary to the same theÌ the excoÌmunicate person to be absolued by the authoritie of an higher degree the excoÌmunicate to be sequestred froÌ the communioÌ so long as should seeme conuenieÌt to him that had the executioÌ therof as is expressed 24. q. 3. De illicita The same Iustinian moreouer in his lawes coÌstitutions how many thynges did he dispose ordeine in Church matters as to haue a determinate number of Churchmen or Clerkes in Churches coÌst 3. Also coÌcerning Monasteries MoÌkes const 5. how Byshops Priestes should be ordeined coÌst 6. concerning remouyng of Ecclesiasticall persons froÌ one Church to an other Also concernyng the constitution of the Churches in Affrike And that the holy misteries should not
the porte of Southhampton But as Polydorus sayeth and Fabian affirmeth the same that it was by Thames side at London When his flatterers comming about him began to exalt him vp with high wordes calling him a king of all kings most mighty who had vnder his subiection both the people the land and also the sea Canutus reuoluing this matter in his minde whether for pride of his heart exalted or whether to trâe and refell their flattering words coÌmaunded his chaire of estate to be brought to the sea side at what time it should begin to flowe Polydore sayth that no seate was brought but sitting vpon his garments being folded together vnder him there charged and commaunded the floudes arising comming toward his feete that they shoulde not touch neither him nor his clothes But the water keeping his ordinary course came nearer and nerer First to his feete and so growing higher began to wash him welfauoredly Wherewith the king abashed partly also afeard starte backe and looking to his Lordes Loe sayth he ye call me such a mighty king yet can I not commaunde backe this litle water to stay at my worde but it is ready to drowne me Wherfore all earthly kings may know that all their powers be but vaine and that none is worthy to haue the name of a king but he alone which hath all things subiect to the power authoritie of his word which is the Lord of heauen earth the creatour aboue of all thinges the father of our Christ and Lorde who with him for euer is to be glorified him let vs worship and extoll for our king for euer After this as histories witnes he neuer suffred the crowne to come vpon his head but went to Winchester or as some say to Canterbury but both those may be true for his going to CaÌterbury was to acknowledge that there was a Lorde much higher of more power then he himselfe was and therewithal to render vp his crowne for euer With that Egelnothes Archbyshop of Canterbury informed him of the image of the Crucifix before meÌtioned which dissolued the matter betweene maried Priests and life of Monkes and did many other myracles moe being then at Winchester Wherewith the King prouoked to go to Winchester to the roode there resigned vp hys regall Crowne and made the roode king ouer all the land Here is also to be noted in this Canutus that although as is said he coÌdescended in the beginning of his raigne vpon king Edgares lawes yet after in proces of time hee set forth peculiar lawes of his own Among which diuers there be that concerne as well causes Ecclesiasticall as also temporal Whereby it may appeare that the gouernmeÌt of spirituall matters not to depende then of the Bishop of Rome but to appertaine to the lawfull authoritie of the temporall Prince no lesse then of matters and causes temporall As for example by these ordinaunces of the foresayd Canutus may be well considered as here folowe Pecunia sepulturae iustum est vt aperta terra reddatur Si aliquod corpus a sua parochia deferatur in aliam pecunia sepulturae c. In English It is mete and right that in funerals money be geuen for opening the earth If anybody or corse be caried from his owne Parishe into an other the money of the buriall shal pertaine by the law to his owne Parish Church All ordinaunces and ceremonies of God let them be obserued as neede in all things requireth Uppon the Sonday we forbid all publique âayres or markets all Synodes or conuenticles huntinges or any such seculare actions to be exercised vnlesse vrgent necessitie compell therunto Let euery ChristeÌ man prepare himself thrise a yere to approche to the receauing of the Lords body so to eate the same as not to his iudgemeÌt but to his wholsome remedy If a minister of the altare doe kill any man or haue intangled himselfe in any notorious crime let him be depriued both from his order and dignitie If any maried woman her husband being aliue haue committed adultery be proued with the same to her opeÌ shame in the world let her haue her nose and eares cut of Let euery widow after the death of her husband so remaine sole xij monethes or if shee marrye let her loose her ioynter And heere an ende of the Danish kyngs Nowe to the English kings againe whose right line coÌmeth in againe in Edward here following King Edward called the Confessor FOr so much as God of his mercye and prouidence who is onely the maker of heires thought it so good after the wofull captiuitie of this Englishe nation to graunt now some respite of deliuerance in taking away the Danish kings without any issue left behind them who reigning here in EnglaÌd kept the english people in miserable subiection about the space of xxviij yeares and that from their firste landing in the time of King Brightricus wasting and vexing this land the terme of cc. âv yeres Now their tiranny here comming to an ende the next election right of the crowne fell as appertained to Edwarde the yonger sonne of king Egelred and Emma a meere Englishman who had bene now long banished in Normandy as is aboue declared A man of gentle and soft spirite more appliable to other mens couÌsailes then able to trust to his owne of nature condition so geuen from al warre and bloudshed that being in his banishment he wished rather so to continue all his life long in that priuate estate then by warre or bloudshed to aspire to any kingdome This Edward after the death of Canutus the seconde or Hardecanute being sent for of the Lordes into NormaÌdie to take possession of the Realme although he something mistrusted the vnconstant and fickle heads of EnglishmeÌ yet hauing sufficient pledges laid for him in Normandie came ouer with a few Normands accompanied and not long after was crowned at Winchester an 1043. by Edsius then Archbishop of Cant. And not long after that he maried Goditha or Editha daughter of Earle Godwyne whome he entreated after such sort that he neither put her from his bed nor yet delt with her fleshly Whether it ãâã for hate of her kin as most like it was or for loue of chastitie it remaineth vncertaine But most writers agree that he continued his lyfe without offence with women âor the which he is highly exalted among our story writers and called holy king Edwarde After he had thus taken vpon him the gouernement of the realme he guided the same with much wisedome and iustice the space of 24. yeres lacking two monethes from whome issued as out of a fountaine much godlinesse mercy pitie and liberalitie towarde the poore gentlenes and iustice toward all men and in all honest life he gaue a vertuous example to his people He discharged the Englishmen of the great tribute called Dane gelt which before
preseÌted or els themselues to place fit men in their churches as neede required So did the Emperours of Constantinople receiuing the order and maner from Constantine the great vse and geue the right of Ecclesiasticall function with the consent both of the people and ecclesiastical persons long so retayned they the same As Honorious the Emperor vnto Boniface canon 8. dist 79. canon 2. dist 97. Also of Pelagius and Gregorius Magnus of the whiche one in the raigne of Justinian the Emperour and Totila gouerning Italy the other in the tyme of Mauritius the Emperour when the Lombardes possessed Italy were appoynted Byshops to the Church of Rome can 15.21 24. And where as Bratianus in the beginning of the 96. and 97. distinction doth declare that the rescript of Honorius the Emperour is voyde and of none effect for that he determined the election of the bishop of Rome coÌtrary to the authoritie of the holy canons when as yet neither to that ciuill magistrate nor to any of the ecclesiasticall order caÌbe read of any licence geuen them for to dispence withal each man may playnly see and discerne his great foly and want of vnderstanding As though at that tyme any decrees were made which shoulde debarre Emperours for the consritituring of that ecclesiasticall ministers Or that it were doubtfull whether the Emperours at that time had past any coÌstitutions touching the causes of Ecclesiasticall discipline and the same lawes then put in vre when that contrary most manifestly both by the lawes histories of that age and time as well of the church as of the Empire may appeare And that we need not seek farre for the matter this thing is sufficiently proued by these titles De sacrosanctis Ecclesijs Episcopis Clericis besides other eccclesiasticall chapters matters touching religion All which are to be seene in the bookes of the principall and chiefest constitutions collected and set forth by Iustinian Amongst the whiche many of the chapiters are said to be accepted and allowed of Honorius Theodosius So in like case the 21. can in the 63. distinction doth declare that the Grecian Emperours that next insued after Iustinian did obserue that maner of ordeining and election of the Bishop of Rome although theÌ at that tyme interpellatum erat it was somewhat sporned at Amongst whom mention is made of Constantinus the fourth which was surnamed Pogonatus Carolus Magnus in like maner followed theyr steps and maner in the same as in the 22. canon and the same distinctioÌ is declared And farther it was at a Synodal couÌcell in Laterane Adrian beyng hygh Bishop where were conuented and assembled 153. other Bishops decreed that the power and authoritie of creating the bishop of Rome and ordayning of all other prelates ecclesiasticall orders should be in the power and will of Carolus Magnus as well in Italy as other his dominions and prouinces and that whosoeuer was not promoted allowed by him should not be consecrated of any And that those which repugned and disobeyed this decree should incurre the most sharpe paine of proscription and publication of law The worthy example hereof is extaÌt in the 18. can and 18. title Yet notwithstanding Stephanus the 4. author of this rescript agaynst the sayd decree and wtout the Emperours consent was made Bishop of Rome who to the intent he might delude the decreed solemnised penalty therby to excuse himselfe went into Fraunce to Ludouicus Pius the sonne of Carolus Magnus at Rheimis crowned he him with the Imperiall diademe Neither could this Byshop here stay himselfe but spying the great lenitie of the Emperour assayed to make frustrate the foresayd constitution For hys purpose was so brought it to passe as in the 27. canon and the lame distinction appeareth that it might be lawful for the Ecclesiasticall order with the people and senate of Rome without the authoritie of the Emperour to chuse the Byshop of Rome reseruing that he shoulde not be consecrated without the will and consent of the Emperour Thus is it manifest that the Byshops of Rome themselues not regarding but despising the straite penalty and sanction of the foresayd decree of the Laterane Councell were not onely the first that brake the same but also by contrary rescriptes and constitutions laboured endeuoured to extoll set vp themselues aboue al other Whereupon Lotharius afterward being Emperor and nephew to Carolus Magnus comming into Italy there to dissolue the coÌspiracy and confederacy of Leo the fourth about the translation of the Empire renewed stablished agayne the Synodal decree of Laterane touching the iurisdiction of the Emperour for the election of the Byshop of Rome and other ecclesiasticall persons And hereof it came that those Epistles were written of Leo in the 16. 17. canon and the same distinction which also as in the 9. canon and x. distinction made a profession that the same Imperiall preceptes should be kept in all ages This Leo when he was reproued of treason and other euils pleaded his cause before Ludouicus the 2. Emperoure of Rome and sonne of Lotharius aboue recited 2. q. 7. canon 40. But after this as tyme grew on the bishops of Rome nothing relinquishing their ambitious desires Otho the first Emperour of that name depriued and put from the sea of Rome that most filthy and wicked Bishop Iohn the xiij both for diuers and sundry wicked and haynous acts by him committed as also for his great treasons conspiracies agaynst his royall person and did substitute in hys place Leo. the 5. who calling a Synode at Laterane in the same temple and place where the other before was keptâ did promulgate a new constitution with consent of the Senate people of Rome concerning the Emperours iurisdiction in the foresayd election whiche in the 23. canon is contained and 63. distinction Whereby the old right and power of the Emperour in the election of the Byshop of Rome and other ecclesiasticall prelates was agayne with more sharper and straighter sanctioÌ confirmed ratified Agayn Iohn the 18 whoÌ Cressentius the Romayn vsurping that Imperiall crowne had made bishop by the conseÌt of the people of Rome the Ecclesiasticall order hauing his nose cut off hys eyes put out so thrust out of the capitoll was agayn of Otho 3. established and made Byshop But when as yet notwithstanding the Byshops of Rome would not alter their olde accustomed disposition but with all their industry indeuoured to abrogate that iurisdiction of the Emperor ouer the bishop of Rome as people loth to be vnder subiection Henry the 3. then Leo the 9 beyng constituted byshop did once agayne ratifie that same and caused the byshop which extolled himself before al his fellow bishops to stoup and geue place to Moguntinus So after the death of Henry the 3. Emperor Nicholas the 2. although in hys decree whiche in the first canon and
perisheth in the Church of God for want of preachers all that shal be demaunded of them at the day of iudgement As Iacob confesseth to Laâan whose sheep he fedde Genesis 31 I did restore all thy losse and that which was stolne I made aunswere for I will demaund his bloud at thy handes Ezechiell 3. This is sayd to the Pastor or Prelate But if the other thinges which we haue spoken of before could not mooue the Prelates and Cardinals this at the least should mooue them Because that then the spirituall power which doth consist for the most part in the exercise of preaching in hearing confessions enioyning of penaunce shall be taken away froÌ them by litle little For by piece mele doth the wolfe dânour the poore needy man 3. q. cap 1. when the authority Ecclesiasticall therfore shall be quite taken from them and disposed to other such as either by their order or Apostolicall grauÌt do challenge to haue the same Then doubtles shall neither the iurisdictioÌ of ciuile causes and pleadings nor any authority that such Prelates haue yet remaining neither yet the possessions of the temporall goodes of the Church any longer remayne amongest them Shall suche haue the temporall goods of the church which minister not the spirituall treasure thereof 1. Cor. 9. Know ye not that they which kill the sacrifice ought to eate of the sacrifice they that serue at the aultar are partakers of the aultar For as the body without the soule cannot stand so corporall thinges without spirituall things cannot continue 1. q. 1. if any shall take away the same Thus haue you had the 39 arguments for the which both he was coÌdemned and his bookes burned In the dayes of this Guilielmus there was a most detestable and blasphemous booke set forth by the Friers mentioned also in Math. Parisiens which they called Euangelium aeternum or Euangelium spiritus sancti That is the euerlasting Gospell or the Gospell of the holy Ghost In which book many abhominable errors of the Friers were conteyned so that the Gospell of Iesus Christ was vtterly defaced which this booke sayd was not to be compared with this euerlasting Gospel no more then the shell is to be coÌpared with the carnell then darknes to light c. More ouer that the Gospell of Christ shal be preached no longer but fifty yeares and then this euerlasting Gospell should rule the Church c. Item yâ whatsoeuer was in the whole Bible was in the saide Gospell contayned At length this Friers Gospell was accused to the Pope and so 6. persons chosen of the whole vniuersitye to peruse and iudge of the booke as Christianus Canonicus Baluacensis Odo de Doaco Nicholaus de Baro Ioannes de Sicca Vella Anglus Ioannes Belim Gallus Among whom this Guilielmus was one who mightely impugned this pestiferous and deuillish booke These 6. after the perusing of the booke were sent vp to Rome The Friers likewise sent their messengers withall where they were refuted and yâ errors of the booke condemned but so that the Pope with the Cardinals commaunded the sayd booke to be abolished and condemned not publickly tendering the estimation of the religious orders as of his own most chiefe champions but that they should be burned in secret wise and the books of the foresayd âuilielmus to be burnt with all Besides other his bookes 2. Sermons we haue of his yet remayning one vpon the Gospell of S. Luke of the Pharisy and the Publicane the other vpon the Epistle redde in the Church on May day where in the first he resembleth the Phariseis to our Monkes and that he proueth by all the properties of the Phariseis described in the Gospell The Publicane he resembleth to the Laity such as for because the sooner they are reduced to acknowledge their sinnes the more hope they haue of mercy The other because they stand confident in their own righteousnesse are therefore farther from their instification In the latter sermoÌ he setteth forth and declareth what perils and dauÌders be like to fall vpon the Church by these religious orders of Monkes and Friers Among the other besides of that age which withstood the bishops of Rome his Antechristian errors was one LaureÌce an Englishman and maister of Paris An other was Petrus Ioannes a Minorite Of whome the foresayde Laurence was about the yeare of our Lord. 1260. who in his teaching preaching writing did stoutly defeÌd yâ part of the forsayd Guilielmus the rest of his side agaynst the Friers Against the which Friers he wrote 2. bookes One in the defence of William afore meÌtioned the other vpoÌ this argument and title To beware of false prophets c. Certayn other things also he wrote wherin by diuers proofes and testimonies he argued proued that Antichrist was not farre of to come The other Petrus Ioannes was about the yeare of our Lord. 1290. which taught and maintained many things agaynst the Pope prouing that he was Antichrist and that the sinagogue of Rome was great Babilon He wrot vpon Mathew vpon the Epistles and vpon the Apocalips Mention of this Petrus Ioannes is made in Nicholaus Emericus in Lib. Inquisitionum c. And sayth moreouer that Miâhael Cesenas of whoÌ Christ willing shall followe hereafter took of him a great part of his opinioÌs And because the pope could not burne him aliue after his death he caused his bones to be taken vp and burned To these and with these aboue specified is to be added Robertus Gallus who being borne of a right noble parentage for deuotion sake was made a Dominicke Frier about the same yeare of our Lord aboue touched an 1290 This man as appeareth by his writing had diuers and sundry visions whereof part is annexed with the visions and prophecy of Hildegardis His visions al tend against the spiritualty of Rome where in the fift chapter he calleth playnely the Pope an Idoll which hauing eyes seeth not neither lusteth to see the abhominatioÌs of his people nor the excessiue enormity of ther voluptuousnes But only to see to the heaping vp of his own treasure hauing a mouth speaketh not but sayth I hane set good men ouer them which is sufficieÌt for me to do them good either by my selfe or by some other And foloweth in the same chapter wo to that Idoll woe to the mighty and proud who shall be equall in all the earth to that Idoll He that exalted vp his name in earth saying who shall bring me vnder Is not my house compared with the mighty Potentates of the land I am higher then Dukes Knightes on their horsebacke do seruice vnto me That which my Fathers had not before me yâ haue I done to me My house is strowed with siluer gold and pearle are the pauement of my palace c. Agayn in the 12. chapter and also in the first vnder the name of a SerpeÌt he paynteth out the Pope whom he
statutes past in hys parliament tending to the preiudice of the Church of Rome the Popes primary viz. that if Abbots Priors or any other ecclesiasticall patrons of benefices shoulde not present to the sayd benefices within a certayne time the lapse of the same shoulde come to the ordinary or chapter thereof or if they did not present then to the Archbishop if the Archbishoppe likewise did fayle to present then the gyft to perteyne not to the Lord Pope but to the Kyng and hys heyres An other complaynt was this that if Archbishops should be slack in geuing such benefices as properly pertayned to theyr owne patronage in due time then the collation thereof likewise shoulde appertayne to the foresayd King and his heires An other complaynt was that if the Pope shoulde make voyde any elections in the Church of England for any defect fouÌd therein and so had placed some honest and discreete persons in the same that then the King and his heires was not bounde to render the Temporaltyes vnto the partyes placed by the Popes prouision Whereupon the Pope being not a little agrieued the Kyng writeth vnto him certifying that he was misinformed denying that there was any such statute made in that Parlyament And further as touching all other thinges he woulde conferre with his Prelates and Nobles and thereof would returne aunswere by hys Legates In the 20. yeare of his raigne another letter was writen to the Pope by the King the effect whereof in few wordes to expresse was this to certify him that in respect of his great charges susteyned in hys warres he hath by the counsell of his Nobles taken into his owne handes the fruites and profites of all hys benefices here in England To proceed in the order of yeares that in the 26. yeare of this king one Nicholas Heath Clerke a busy headed body and a troubler of the Realme had procured diuers Byshops and others of the Kinges counsell to be cited vp to the Court of Rome there to answere such complayntes as he had made agaynst them whereupon commaundement was geuen to the King to all the portes of the realme for the restraynt of all passingers out and for searching and aresting all persons bringing in any Bulles or other proces from Rome tending to the derogation of the dignity of the crowne or molestation of the subiectes concerning which Nicholas Heath the King also writeth to the Pope his letters complayning of the sayd Heath and desiring him to geue no eare to his lewd complaynts The same yeare the King writeth also to the Popes Legate resident in England requiring him to surcease from exacting diuers summes of money of the Clergy in the name of first fruites of benefices The 31. yeare of this Kinges reigne the King by hys letters complayneth to the Pope of a troublesome fellow named Nicholas Stanneway remaining in Rome whiche by his slaunderous complayntes procured diuers citations to be sent into the Realme to the great disturbaunce of diuers and sundry honest men whereupon he prayeth and aduiseth the Pope to stay himselfe and not to send ouer such hasty CitatioÌs vpon euery light occasioÌ To passe further to the 38. yeare of the same King thus we finde in the Rolles That the King yâ same yeare tooke order by two of his Clergy to witte Iohn a Stocke and Iohn of Norton to take into their handes all the temporaltyes of all Deaneryes Prebendes Dignityes and Benefices being then vacant in England and to answere the profites of the same to the Kinges vse The same yeare an ordinaunce was made by the King and his Counsell and to the same proclaymed in all porte townes within the Realme that good and diligent search should be made that no person whatsoeuer comming froÌ the Court of Rome c. doe bring into the Realme with him any Bull instrument letters patentes or other proces that may be preiudiciall to the King or any of his subiectes nor that any person passing out of this Realme toward the Court of Rome doe cary with him any instrument or proces that may redound to the preiudice of the King or his subiectes and that all persons passing to the sayd Court of Rome c. with the Kinges speciall license do notwithstanding promise and finde surety to the Lord Chauncellour that they shall not in any wise attempt or pursue any matter to the preiudice of the King or his subiectes vnder payne to be put out of the Kinges protection and to forfeyt his body goods and Cattelles according to the statute thereof made Anno. 27. And thus much concerning the letters and writinges of the King with such other domesticall matters perturbations and troubles passing betwene him and the Pope taken out of the publique Recordes of the Realme wherby I thought to geue the Reader to vnderstand the horrible abuses the intollerable pride and the vnsatiable auarice of that Byshop more like a proud Lucifer then a pastor of the Church of Christ in abusing the king and oppressing his subiectes with exactions vnmeasurable not onely exercising his tyranny in this Realme but raging also agaynst other Princes both farre and neare emongst whom neither spared he the Emperour himselfe In the story and artes of which Emperour Ludouicus mentioned a title before pag. 273. whom the Pope did most arrogantly excommunicate vpon maundy thursday and the selfe same day placing an other Emperour in his roome Relation was made of certayne learned men which tooke the Emperour's part agaynst the Pope In number of whom was Marsilius Patauinus Gullermus Ockam Ioannes Gandauensis Luitpoldus Andreas Landensis Vlricus Hangenor treasurer to the Emperour Dante 's Aligerius c. Of whom Marsilius Patauinus compiled and exhibited vnto the Emperor Ludourke a worthy worke intituled Defensor pacis writeÌ in the Emperors behalfe agaynst the Pope Wherin both godly learnedly disputing agaynst the Pope he proueth all Bishops and Priestes to be equall And that the Pope hath no superiority aboue other Bishopes much lesse aboue the Emperour That the word of God ought to be onely the chiefe iudge in deciding and determining causes ecclesiastical That not onely spiritual persons but say men also being godly and learned ought to be admitted into generall councels That the Clergy and the Pope ought to be subiect vnto Magistrates That the Church is the vniuersity of the faythfull and that the fouÌdation and head of the Church is Christ and that he neuer appoynted any vicar or Pope ouer his vniuersall church That Bishops ought to be chosen euery one by their own Church and Clergy That the mariage of Priestes may lawfully be permitted That S. Peter was neuer at Rome That the Clergy and Sinagoge of the Pope is a deune of theeues That the doctrine of the Pope is not to be folowed because it leadeth to destruction And that the corrupt matters of the Christians doe spring and flow out of the wickednes of the spiritualty c. He disputeth moreouer
the law and words which the Lord of hostes sent in his holy spirite by the Prophetes aforetime Also Esay witnessing after the same effect cap. 30. sayth For it is an obstinate people lying children and vnfaythfull children that will not heare the law of the Lord which say to the Prophetes meddle with nothing and tell vs nothing that is true and right but speake frendly wordes to vs. c. All this shall be verified when the Prelates begin to hate theÌ that tell them trueth and haue knowledge like vnto such of whoÌ Amos speaketh chapter 5. They beare him euil wil that reproueth them openly and who so telleth them the playne trueth they abhorre him And therefore sayth the Lord to the Church of Ierusalem Ose 4. Seing thou hast refused vnderstanding I haue refused thee also that thou shalt no more be my priest And for so muche as thou hast forgotten the law of thy God I will also forget thy children and chaunge theyr honor into shame And so shall it be like priest like people c. And many other sayinges there be in the prophets speaking of the deiecting and casting downe of the priestly honor Besides these foresayde signes and tokens hitherto recited there be also diuers other As the backsliding from righteousnes the lacke of discreete and learned Priestes promoting of childreÌ into the Church with such other like But these being alreadye well noted and marked you may easely iudge and vnderstand whether these times now present of ours be safe and cleare from tribulation to be looked for and whether the word of the Lord be true according to my theame Iuxta est iustitia mea vt reueletur my righteousnes is neare at hande to bee reuealed c. And thus muche of the second part Now to the third part or member of my subdeuision which is concerning the false and perilous opinions of some vpon thys word of my theame vt veniat c. which opinions principally be 4. repugning all agaynst the truth of the canonicall Scripture The first opinion is of such men who hauing to much confifidence in theÌselues do think and perswade with themselues that the Prelates be the Church which the Lord will alwayes keepe and neuer forsake as he hath promised in the persons of the Apostles Mathew 28. saying And I will be with you to the end of the world c But this is to be vnderstanced of fayth whereof Christ speaketh Luke 21. I haue prayd for thee that thy fayth shall not fayle Whereof we read Ecclesiast 40. fayth shall stand for euer c. And albeit Charity waxe neuer so colde yet fayth notwithstanding shall remayne in few and in all distresses of the world of the which distresses our Sauiour doth prophecy in many places to come And least peraduenture some shoulde thinke themselues to be safe from tribulation because they be of the church this opinion the Lord himselfe doth contrary in Ieremy the 7. Trust not sayth he in false lying wordes saying the temple of the Lord the temple of the Lord and a litle after but you trust in wordes and lying counselles which deceiue you and doe you no good The second opinion is of them which deferre tyme for thys they well graunt that the Church shall abide trouble but not so shortly thinking thus with theÌselues that these causes tokens afore recited haue bene before at other times as well in the churche For both by Gregory and Bernard holy doctors in time past the Prelates haue bene in like fort reprehended both for theyr bribinges for theyr Pompe and pride for the promoting of persons and children vnfitte vnto ecclesiasticall functions and other vyces moe which haue reigned before this in the Church of God more then now and yet by God his grace the Churche hath prospered and stand Doe ye not see that if an house haue stand and continued ruinous a long season it is neuer more neare the fall thereby but rather to be trusted the better Moreouer many times it commeth so to passe in Realmes and Kingdomes that the posterity is punished for the sinnes of the predecessors Whereof speaketh the booke of Lamentations the 5. chapter Our fathers haue sinned and are now gone and we must beare their wickednesse c. Agaynst this cogitation or opinion well doth the Lord aunswere by the Prophet Ezechiel chapter 12 saying Beholde thou sonne of man the house of Israel sayeth in this maner Tush as for the vision that he hath seene it will bee many a day or it come to passe It is farre of yet the thing that he prophecieth Therefore say vnto them thus sayth the Lord God The wordes that I haue spoken shall be deferred no longer looke what I haue sayd shall come to passe sayth the Lord. c. We haue seene in our dayes thinges to happen which seemed before incredible And the like hath bene seene in other times also as we read written in the booke of Lamentations chapter 4. The kinges of the earth nor all the inhabitaunce of the worlde would not haue beleeued that the enemy and aduersary shoulde haue come in at the gates of the Citty for the sinnes of her priestes and for the wickenesse of her Elders that haue shedde Innocentes bloud within her c. by Hierusalem as is sayd is ment theÌ Church The third opinion or error is very perilous and peruerse of all such as say veniat let come that will come Let vs conforme out selues to this world and take our time with those Temporifers which say in the booke of wisedome Sap. 2. Come let vs enioy our goodes and pleasures that be present and let vs vse the creature as in youth quickly c. Such as these be are in daungerous case and be greatly preiudicial to good men in the Church And if the heades and rulers of the Church were so vile to haue any such detestable cogitation in them there were no place in hell to deepe for them This Church founded by the Apostles in Christ consecrated with the bloud of so many Martyrs enlarged and increased with the vertues and merites of so many Sayntes and indued so richly with the deuosion of so many secular princes and so long prospered hetherto If it now should come into the hands of such persons it should fall in great daunger of ruine and they for theyr negligence and wickednes well deserued of God to be cursed yea here also in this present world to incurre temporall tribulation and destruction which they feare more by the sentence of the Lord saying to them in the booke of Prouerbes cap. 1. All my counsels ye haue despised and set my correctioÌ at nought Therefore shall I also laugh in your destruction when tribulation and anguish shall fall vpon you Fourthly an other opinion or errour is of such as being vnfaythfull beleue not any such thing to come And this errour
treasure to the wasting of ecclesiastical liuings to the withdrawing of diuine seruice almose hospitalitie and other acceptable workes and to the daily increase of all mischiefes Wherfore in person and by hys owne month the king required the whole estate to prouide here of due remedy To be noted finally in thys parliament of the 38. yere that the Acte of prouisors brought in thys parliament although in the printed copy cap. 1.2.3.4 doth agree with the recorde in maner yet in the saide recordes vnprinted are moe biting wordes against the Pope a mysterie not to be knowen of all men Notes of the 40. yeare of king Edward the third IT followeth moreouer in the sayd Acts of king Edward the 3. and in the 40. yere of his raigne an other Parliament was called at Westminster the 3. of May. An. 1366. the Bishop of Ely being Lord Chauncelour and speaker Who in the 2. day of the sayd assembly in the presence of the King Lordes and commons declared howe the day before generally they vnderstoode the cause of thys their assembly and now more particularly shuld vnderstand the same specially howe that the king vnderstode yâ the Pope for the homage which K. Iohn made to the sea of Rome for the Realmes of EnglaÌd Ireland and for the tribute by him granted ment by proces to cite the king of Rome to aunswere thereto Wherein the king required their aduises what were best for him to do if any such thing were attempted The Byshops by their selues required respite of answere vntill the next day So did the Lordes commons euery of them by their selues The same next day the whole estates reassembled together by common consent enacted in effect following vz. For asmuch as neither K. Iohn nor any other kyng coulde bring his realme people in such thraldome subiection but by common assent of Parliament the whyche was not done and therefore done against his othe at hys coronation besides many other causes If therefore the Pope should attempt any thing against the King by processe or other matter in deede That the king shall his subiects should withall their force and power resist the same Here moreouer is not to be omitted howe in the sayd present Parliament the Uniuersities of Oxford Cambridge on the one side and the Friers of the foure orders meÌdicants in the said vniuersities on the other side Made long complaintes the one against the other to the kyng in Parliament and in the ende submitted themselues to the kings order After which the king vpon full digesting of the whole matter by assent of Parliament tooke order that as well the Chancelour scholers as the friers of those orders in the sayd Uniuersities should in al graces and other schole exercises vse eche other in frendly wise wythout any rumor as before That none of those orders shoulde receyue any scholers into theyr sayde orders being vnder the age of 18. yeares That the said Friers shall take no aduantage ne procure Bulles or other processe from Rome against the said vniuersities or procede therein And that the kyng haue power to redresse all controuersies betweene them from thence foorth And the offenders to be punished at the pleasure of the King and of the counsaile Notes of the 50. yeare of king Edward the third IN processe of the foresayd Actes and Rolles it followeth more that in the 50. yeare of the reigne of king Edward the 3. the yeare of our Lorde 1376. an other great Parliament was assembled at Westminster the xxiiij of Aprill Where Syr Iohn Knyuet being Lorde Chauncelour of England a certaine long Bill was put vp against the vsurpatioÌs of the Pope as being the cause of all yâ plagues murrions famine and pouerty of the realme so as thereby was not left the third person or other coÌmodity within the realme that lately was 2. That the taxes payed to the Pope of Rome for Ecclesiasticall dignities doe amount to fiue fold as much as the taxe of al profites as apperteine to the king by the yeare of his whole Realme And that for some one Byshoprike or other dignitie the Pope by way of translation and death hath 3.4 or 5. seuerall taxes 3. That the brokers of that sinfull Citie for money promote many caitifes being altogether vnlearned and vnworthy to a 1000. markes lyuing by yeare where the learned and worthy can hardly obteine 20. marks wherelearning decayeth 4. That aliens enemyes to this land who neuer saw ne care not to se their parishioners haue those liuings wherby they despise Gods seruice conuey away the treasure and are worse then Iewes or Sarasens 5. Also it was put vp in the said Bill to be considered that the lawes of the church would such liuings to be bestowed for charitie onely without praying or paying 6. That reason woulde that liuings geuen of deuotion should be bestowed in hospitality 7. That God had committed his sheepe to the Pope to be pastured and not shoren or shauen 8. That lay patrones perceiuing the couetousnes and simony of the pope do therby learne to sell their benefices to beasts none otherwise then Christ was sold to the Iewes 9. That there is none so rich a Prince in Christendome that hath the fourth part of so much treasure as the Pope hath out of this realme for churches most sinfully 10. Ouer and besides in the sayd Bill repeting againe the tendering zeale for the honor of the Church was declared and particularly named all the plagues whych haue iustly fallen vpon this realme for suffering the same church to be so defaced wyth declaration that it will daily encrease wythout redresse 11. Wherupon with much persuasion this was desired to helpe to reedifie the same and the rather for that this was the yeare of Iubiley the 50. yeare of the kynges reigne the yeare of ioy and gladnesse then the whych there could be no greater 12. The meanes howe to begyn this was to wryte 2. letters to the Pope the one in Latine vnder the kyngs scale the other in French vnder the seales of the nobles importing their particularities requiring redres of the which letter of the Lordes the effect may be seene in a like letter mentioned before pag. 479. 13. And for a further accomplishment hereof to enact that no money were caried foorth of the realme by letter of LuÌbardy or otherwise or paine of forfaiture and imprisonment and to enact the articles hereafter ensuing 14. The king hath heretofore by statute prouided sufficieÌt remedy and otherwise pursueth the same with the holy father the Pope so mindeth to do from time to time vntill he hath obteined aswel for the matters before as for the articles ensuing being in a maner all one 15. That the popes collector other straungers the kings enemies and onely lyger spies for English dignities and disclosing of the secretes of the realme may be
vulgare tounge as in the Latine tounge manifestly and plainly without any curious implication the same hereticall and erronious conclusions so repugnant to the determination of holy Church as is aforesayd to haue bene be condemned and which conclusions also we declare by these our letters to be vtterly condemned And that farthermore you forbid and canonically admonish and cause to be admonished as we by the tenour of these presents doe forbid and admonish you once twise and thrise and that peremptorily that none hereafter hold teach preach or defende the heresies and errours aboue sayde or any of them eyther in schoole or out of schoole by any sophistical cauillation or otherwise or that any admit to preache heare or hearken vnto Iohn Wyckliffe Nicholas Hereford Philip Reppindon Chanon reguler or Iohn Ayshton or Laurence Readman which be vehemently and notoriously suspected of heresie or els any other whatsoeuer so suspected or defamed or that either priuely or publiquely they either aide or fauoure them or any of them but that incontinently they shunne and auoide the same as a Serpent which putteth foorth moste pestiferous poyson And farthermore we suspend the sayd suspected persons from al scholasticall acte till such time as they shall purge themselues before vs in that behalfe and that you denounce the same publiquely by vs to haue bene and be suspended and that yee diligently and faithfully inquire of all their fautours and fauourers and cause to be inquired throughout all the haules of the sayde vniuersitie And that when you shall haue intelligence of their names persons that yee compell all and euery of them to abiure their outragies by Ecclesiasticall Censures and other paines Canonicall whatsoeuer vnder paine of the greater curse the whych against al and singular the rebellious in thys behalfe and disobeying our monitions wee pronounce so that their fault deceit and offence in thys behalfe deserue the same the sayde monition of ours being first sent which in this behalfe we exteeme and allowe Canonicall that then and agayne accordyng to the effect of these our letters c. The Absolution of all and singular such whych shall incurre the sentence of thys instrument by vs sent foorth whych God forbidde Wee specially reserue vnto oure selues exhortyng you the Chauncellour by the aspersion of the bloud of IESVS CHRIST that to the vttermost of your power hereafter you doe your indeuoure that the Clergie and people being subiecte vnto you if there be whych haue strayed from the Catholique faith by such errours may be brought home againe to the laud and honour of his name that was crucified and preseruation of the true faith And further our will is that whatsoeuer you shal do in the premisses in maner forme of our processe in this behalfe to be had and done that you for your parte when you shal be required thereunto plainly distinctly do certifie vs by your letters patents hauing the tenour hereof The conclusions and articles here mentioned in thys letter are aboue prefixed Of which some were coÌdemned for hereticall some for erroneous After this within fewe daies the foresayd Archbyshop W. Courtney directed down his letters of admonition to Robert Rigge commissary of Oxford for the repressing of thys doctrine Which yet notwithstanding both then and yet to this day God be praised doth remaine The copie of his monition to the Commissary here out of hys owne Register foloweth ¶ The monition of the Archbyshop vnto the foresayd Chauncellour IN Dei nomine Amen Where as we William by the permission of God Archbyshop of Canterbury Lorde Primate of England and Legate of the Apostolicall sea by the consent of our suffraganes haue caused to be assembled together diuers clerkes both secular and regular of the vniuersitie of Oxford wythin our prouince of Canterbury and other Catholicke persons to informe vs of and vpon certaine conclusions heretical and erroneous generally and commonly preached and published in diuers places of the sayd prouince of Canterbury to the subuersion of the whole state of the Church and our sayd prouince And also mature deliberation had vpon the same by the common counsaile of the said our suffraganes their conuocates it was declared that certain of the sayde conclusions to haue bene and be condemned some for heretical and some for erroneous and notoriously repugnaÌt to the determinatioÌ of the church which we also our selues haue declared to be damnable And haue vnderstode by credible information and partly by experience that thou Robert Rigge Chancelor of the vniuersity aforesaid hast doest incline partly to the foresaid damnable conclusions whome also we in thys part haue partly suspected doest intend to molest these our Clerkes aboue specified others adhering vnto vs in this behalf as they ought to do through thy subtill and sophisticall imaginations sondry manifold wayes therfore we admonish thee M. Robert Chauncelour aforesaid the first second and third time and peremptorily that thou doest not greue let or molest iudicially or extraiudicially apertly or priuely or cause to be greued let and molested or procure directly or indirectly by thy selfe or any other as much as in thee lieth to be greued the foresayd Clerks secular or regular or such as fauor them in the premisses in their scholastical acts or in any other condition whatsoeuer And that thou suffer none hereafter to teach maintaine preach or defend any such heresies or errours in the sayde Vniuersitie either within or wythout the scholes Neither that thou do admit I. Wickliffe Nicholas Herford Philip Repindon Iohn Ayshton or LaureÌce Redman which are vehemently and notoriously suspected of heresie or any other so suspected or defamed vnto that office of preaching But that thou denounce the sayd persons to be suspended whom we haue suspended from all scholastical act whilest they cleare their innocencie in this part before vs vnder the paine of the greater curse which we here in these wrytings denounce against thy person if thou shalt not obey those our admonitions with effecte as thy crime subteltie and offence in this behalfe shal require according to this our admonition premised which we repute in thys parte for canonicall as well then as now and now as wel as then reseruing the absolution of this sentence excommunicatorie if it happen to light vpon thee as God forbid specially vnto our selues Testified with the handes of the Iurers aboue in the page 410. before specified ¶ The examination of Nicholas Herford Philip Repingdon and Iohn Ayshton THe 18. day of the month and yere aforesaid in the chamber of the preaching Friers afore mentioned before the foresayde Archb. in the presence of diuers Doctours and Bachelers of Diuinitie and many Lawyers both Canon and Ciuil whose names are vnder written appeared M. Nich. Herford Philip Repingdon Iohn Ayshton Bachelers of diuinity Who after a corporal oth taken to shew their iudgements vpon the coÌclusions aforesayd were examined seuerally eache one by himselfe before the
temporall and nobilitie of the Realme and cheifly those that studied for the preseruatioÌ of the commonweale not âcasing as yet to coÌtinue his mischeuous enterprise if by Gods prouideÌce it be not preuented that with speed Amongst all other of the Nobilitie these first he put to death the Earle of Salisbury the Earle of Huntington the Earle of Gloucester the Lord Roger Clarendon the kyngs brother with diuers other knights and Esquiers and afterwards the Lord Thomas Percy Earle of Worcester and the Lord Henry Percy sonne and heyre to the Earle of Northunberland the which Lord Henry he not onely slew but to the vttermost of his power againe and againe he caused hym to be slayne For after that he was once put to death and deliuered to the Lord of Furniuale to be buryed who committed his body to holy sepulture with as much honour as might be commending his soule to almighty God with the suffrages of the blessed masse other praiers the said Lord Henry most like a cruel beast still thirsting hys bloud caused his body to be exhumate brought forth againe and to be reposed betwene two milstones in the towne of Shreusbury there to be ãâã wyth armed men And afterwards to be beheaded anâ quartered commanding his head and quarters to be caried vnto diuers cities of the kingdome Wherefore for so detestable a fact neuer heard of in any age before we pronounce him as in the former articles excommunicate 8. Eightly we depose c. agaynst the said Lord Henry for that after his atteining to the crowne he willingly ratified allowed and approued a most wicked statute set forth renued in yâ parliament holden at Winchester The which statute is directly against yâ Church of Rome the power principalitie therof giuen by our Lord Iesus Christ and vnto blessed S. Peter his successors Bishops of Rome vnto whom belongeth by full authoritie the free disposing of all spirituall promotions as wel superior as inferiour which wicked statute is the cause of many mischiefes vid. of simonie periurie adultery incest misorder disobedience for that many Bishops Abbots priors and prelats we will not say by vertue but rather by errour of this statute haue bestowed yâ benefices vacant vpoÌ yong men rude and vnworthy persons which haue compacted with them for the same so that scarce no one prelate is found that hath not couenanted with the partie promoted for the halfe yearely or at the least the third part of the said benefice so bestowed And by this meanes the said statute is the destruction of the right of S. Peter the Church of Rome and England the Cleargie and vniuersities the mainteuance of wars and the whole common wealth c. 9. Ninthly we say and depose c. against the said Lord Henry that after he had tyrannously taken vpon him the gouernement of the Realme England neuer florished since nor prospered by reason of his continuall exactions of money and oppressions yearely of the cleargie and coÌminaltie neither is it knowen how this money so extorted is bestowed when as neither his souldiours nor his gentlemen are payed as yet their wages and fees for their charges and wonderfull toile and labour neither yet the poore countrey people are satisfied for the victuall taken of them And neuertheles the miserable clergie and more miserable comminaltie are forced still to pay by menaces and sharp threatnings Notwithstanding he sware when he first vsurped the crowne that hereafter there should be no such exactions nor vexations neither of the clergie nor lââtie Wherfore as afore we pronounce him periured c. 10. In the tenth and last article we depose say and openly protest by these presents for our selues all our assistents in the cause of the Church of Rome and England and in the cause of king Richard his heires the clergie and comminaltie of the whole Realme that neither our entention is was nor shall be in word nor deed to offend any state either of the prelats spirituall Lords temporall nor commons of the realme but rather foreseeing the perdition and destruction of this Realme to approch we haue here brought before you certeine articles concerning the destruction of the same to be circumspectlie considered of the whole assembly as well of the Lords spirituall as temporall and the faithfull commons of England beseeching you all in that bowels of Iesus Christ the righteous iudge and for the merits of our blessed Lady the mother of God and of S. George our defender vnder whose displayed banner we wish to liue and die and vnder paine of damnation that ye will be fauourable to vs and our causes which are three in number Wherof the first is that we exalt vnto the kingdome the true lawfull heire and him to crowne in kinglie throne with the diademe of England And secondly that we renoke the weshmen the Irishmen and all other our enimies vnto perpetuall peace and amitie Thirdly and finally that we deliuer and make free our natiue countrey from al exactions extortioÌs vniust paiments Beseeching our Lord Iesus Christ to graunt his blessing the remission of their sinnes life euerlasting to all that assist vs to their power in this godly and meritorious worke and vnto all those that are against vs we threaten the curse of almighty God by the authority committed vnto vs by Christ and his holy Church and by these presents we pronounce them excommunicate These Articles being seene and read much concourse of people daily resorted more and more to that archbishop The Earle of Westmerland being then not far off with Iohn the kings sonne hearing of this mustered his souldiours with all the power he was able to make bent toward the Archbishop but seeing his part too weake to encounter with him vseth practise of policie where strength would not serue And first comming to him vnder colour of frendship dissembled laboureth to seeke out the causes of that great stirre To whome the Archbyshop againe answering no hurt to be entended thereby but profit rather to the kyng and common wealth and maintenance of publicke peace but for so much as he stood in great scare and danger of the king he was therefore compelled so to doo And withall shewed vnto him the contents of the Articles aforesaid which when the Earle had read setting a faire face vpon it seemed highly to commend the purpose and doyngs of the Bishop promising moreouer that he would helpe also forward in that quarell to the vttermost of his power And required vpon the same a day to be set when they with equall number of men might meere together in some place appointed to haue farther talke of the matter The Archbishop easilie perswaded was content although much against the counsaile of the Earle Marshall and came Where the Articles being openly published and read the Earle of Westmerland with his companie pretended well to like vpon the same and to ioyne their
listed These thinges thus being done and the tumult ceased after three dayes Mahometes the Turke entreth into the Citie and first calling for the heades and auncientes of theÌ Citie such as he found to be left aliue he commaunded the to be mangled and âut in peeces It is also sayth my author reported that in the feastes of the Turks honest matrones and virgins and such as were of the kinges stocke after other coâumeties were he ãâã and cut in peeces for their disport And this was the end of that princely and famous ãâã of Constantinople beginning first by Constantinus and ending also with ConstaÌtinus which for the princely royalty therof was named and euer honoured from the time of the first Constantine equally with the City of Rome called also by the name thereof new Rome so continued the space of 1120. yeares I pray God that olde Rome may learne of new Rome to take heed and beware by tyme. This terrible destruction of the Citty of Constantinople the Queene of Cittyes I thought here to describe not so much to set forth the barbarous cruelty of these filthy rake hels and mercilesse murtherers as specially for this that we being admonished by the dolefull ruine and misery of these our euen christened may call to minde the plagues miseryes deserued whiche seeme to hang no lesse ouer our owne heades and thereby may learne betime to inuocate and call more earnestly vpon the name of our terrible and mercifull God that he for his sonnes sake will keepe vs preserue his church among vs and mitigate those plagues and sorrowes whiche we no lesse haue deserued then these aboue minded before vs. Christ graunt it Amen Ex hist. Wittenbergica Peucer The history of Reynold Peeocke Byshop of Chichester afflicted and imprisoned for the Gospell of Christ. AFter the death of Henry Chichisley before mentioned pag. 657. next succeeded Iohn Stafford an 1445. who continued 8. yeares After hym came Iohn Kempe ann 1453. who sate but three yeares Then succeeded Thomas Burschere In the time of which Archbishop fell the trouble of Reynold Pecocke Bishop of Chichester afflicted by the Popes Prelates for hys fayth and profession of the Gospell Of this Byshoppe Halle also in his Chronology toucheth a little mention declaring that an ouerthwart iudgement as he termeth it was geuen by the Fathers of the spiritualty agaynst him Thys man sayth he beganne to moue questions not priuatly but openly in the Uniuersityes concerning the Annates Peter pence and other iurisdictions and authorities perteyning to the sea of Rome and not onely put forth the questioÌs but declared his mind and opinion in the same wherefore he was for thys cause absured at Paules Crosse. Thus muche of hym wryteth Hall Of whom also recordeth Polychronycon but in few wordes This bishop first of S. Assaphe then of Chichester so long as Duke Humfrey lyued by whome he was promoted and much made of was quiet and safe and also bolde to dispute and to write hys mynde and wrote as Leland recordeth diuers bookes and treatises But after that good Duke was thus as ye haue heard made away this good man lacking his backstay was open to his enemies and matter soone found agaynst hym Wherupon he being complayned of and accused by priuy and malignant promoters vnto the Archbishop letters first were directed downe from the Archbishop to cite al men to appeare that could say any thing agaynst hym The forme of which citation here ensueth The copy of the Citation sent by the Archbyshoppe THomas by the permission of God Archb. of Canterbury primate of all England and Legate of the Apostolicke Sea to all and singuler Parsons Vicares Chaplaynes Curates not Curates Clerkes and learned men whatsoeuer they be constitute ordeined in any place throughout our prouince of Caunterbury health grace and benediction We haue receiued a greeuous complaint of our reuerend felow brother Reynold Pecocke Byshop of Chichester conteyning in it that albeit our sayd reuerend felow brother the Byshop deliuered vnto vs certayne bookes written by him in the English tongue by vs and our authority to be examined corrected reformed and allowed notwithstanding many the examination and reformation of the sayde bookes depending and remayning before vs vndiscussed haue openly preached and taught at Paules crosse in London and in diuers other places of our prouince of Canterbury that our sayd felow brother the Byshop hath propouÌded made and written or caused to be writen in the sayde bookes certayne conclusions repugnaunt to the true fayth and that he doth obstynately hold and defend the same By the pretence of which preaching and teaching the state good name and fame of the sayd Lord Reynolde the Byshoppe are greeuously offended and hurt and he and his opinion maruellously burdened Wherefore we charge you all together and seuerally apart do commaund you firmely enioyning you that openly and generally you doe warne or cause to bee warned all and singular such persons whiche will obiect any thing contrary and agaynst the conclusions of our sayd reuereÌd felow brother the Bishop had or conteined in his bookes or writings that the 20. day after such monition or warning had they do freely of theyr own accord appeare before vs and our Commissaryes in this behalfe appoynted wheresoeuer we shall then be in our Citty Dioces or prouince of Canterbury to speake propound alledge and affirme fully sufficiently in writinge whatsoeuer hereticall or erroneous matter they wil speak propound or obiect agaynst the sayde conclusions conteyned in his sayde bookes and both to satisfye and receiue whatsoeuer shall seeme meete and right in this behalfe by the holy institutions and ordinaunces And for so muche as this matter depending yet vndetermined and vndiscussed nothing ought to be attempted or renewed we charge you that by this our authority you inhibite and forbid all and euery one so to preach and teach hereafter Vnto whom also we by the the tenour of these presents do likewise forbid that during the examination of the conclusions and bookes aforesayde depending before vs and our Commissaryes vndiscussed they do not presume by any meanes without good aduise and iudgemeÌt to preach iudge and affirme any thing to the preiudice or offeÌce of the sayd Lord Reynold the Byshop and if so be you do finde any in this behalfe gayne saying or not obeying this our inhibitioÌ that you do cite or cause theÌ peremptorily to be cited to appeare before vs or our Commissaryes in this behalfe appoynted the 10 day after theyr citation if it be a courte day or els the next courte day following wheresoeuer we shall then be in our City Dioces or prouince of Canterbury to make further declaration by form of law of the cause of their disobedieÌce to receiue such punishment as iustice and equity shall determine in that behalfe that by your leters you do duely certify vs or our Commissaries what you haue
remissioÌ where no earnest repentaunce is sene before to number remission by dayes yeares to dispense with thynges expressely in the word forbiddeÌ or to restrayne that which the word maketh free to deuide Religion into Religions to binde and burthen consciences with constitutions of men to excommunicate for worldly matters as for breakyng of parkes for not ringyng bels at the Byshops commyng for not bringyng litter for their horse for not paying their fees and reÌtes for withholding the church goods for holding on their princes side in princely cases for not going at the Popes commaundement for not agreeyng to the Popes electioÌ in an other princes Realme with other such thyngs mo more vayne then these c. Agayne although the Scripture geueth leaue and authoritie to the Byshop and Churche of Rome to minister Sacraments yet it geueth no authoritie to make Sacramentes much lesse to worshyp Sacraments And though their authoritie serueth to baptise meÌ yet it extendeth not to Christen bels neither haue they authoritie by any word of God to adde to the word of God or take from the same to set vp vnwritten verities vnder payne of damnation to make other articles of belief to institute straunge worship otherwise theÌ he hath prescribed which hath told vs how he would be worshipped c. The third abuse of the Popes iurisdiction standeth in this that as in spirituall iurisdiction they haue vehemeÌtly exceeded the bouÌdes of Scripture so they haue impudeÌtly intermedled them selues in temporall iurisdictioÌ wherein they haue nothing to do In so much that they haue traÌslated the Empire they haue deposed Emperours Kyngs Princes rulers Senatours of Rome set vp other or the same agayne at their pleasure they haue proclaymed warres haue warred them selues And where as Emperours in auÌcient tyme haue dignified theÌ in titles haue enlarged theÌ with donations they receauyng their confirmation by the Emperours haue like ingratfull clients to such benefactors afterward stampte vpon their neckes haue made theÌ to hold their sâurrup some to hold the bridle of their horse haue caused them to seeke their confirmation at their hand yea haue bene Emperours theÌselues Sede vacante in discordia electionis and also haue bene Senators of the Citie Moreouer haue extorted into their owne handes the plenary fulnes of power iurisdiction of both the swordes especially since the tyme of Pope Hildebrand which Hildebrand deposing Henricus the iiij Emperour made him geue attendance at his Citie gate And after him Pope Bonifacius the viij shewed him selfe vnto the people on the first day like a Byshop with his keyes before him the next day in his robes Imperiall hauyng a naked sword borne before him like an Emperour an 1298. And for so much as this inordinate iurisdiction hath not onely bene vsed of theÌ but also to this day is mainteined in Rome let vs therefore now compare the vsage hereof to the old maner in tymes past meanyng the primitiue and first age of the Church of the Romaines Wherein the old Byshops of Rome in those dayes as they were then subiect to their Emperours so were other Byshops in like maner of other nations subiect euery one to his Kyng Prince acknowledgyng them for their Lordes were ordered by their authoritie obeyed their lawes and that not onely in causes ciuile but also in regiment Ecclesiasticall as appeareth Dist. 10. cap. 1. 2. Dist. 97. cap. De illicita Also 24. q. 3. So was Gregorius surnamed Magnus subiect to Maââitius and to Phocas although a wicked Emperour So also both Pope people of Rome tooke their lawes of the Emperours of Constantinople were submitted to theÌ not onely in the time of Honorius an huÌdreth yeares after Constantine the great but also in the tyme of Martianus an 1451. so further vnto the tyme of Iustinian of Carolus Magnus and also after the dayes of them In all which coÌtinuance of tyme it is manifest that the Emperiall law of Martiane did rule bynde in Rome both in the days of Iustinian an 150. yeres after til the tyme of the Empire beyng translated from Grece vnto FrauÌce Whereby it may appeare false that the Citie of Rome was geueÌ by Constantine the first vnto the bishop of Rome to gouerne for that Pope ãâã the first writyng to the Emperour Honorius câââeth in the same place Rome the Emperours Citie Dist. 97. cap. 1. And Lotharius also Emperour appointed Magistrates and lawes in Rome as is aboue mentioned Moreouer for further probation hereof that both the Byshop of Rome all other Ecclesiasticall persons were in former tyme and ought to be subiect to their Emperours and lawfull Magistrates in causes as well spirituall as ciuile by many euidences may appeare takeÌ out both of Gods law and mans law And first by Gods law we haue exaÌple of godly kyng Dauid who numbred all the Priestes and Leuites disposed theÌ into xxiiij orders or courses appointyng theÌ coÌtinually to serue in the ministery euery one in his proper order turne as came about which institution of the Clergy also good king Ezechias afterward renued of whoÌ it is written he did that was right in the sight of the Lord accordyng to all things as his father Dauid had done before he tooke away the high groues and brake downe Images c. 4. Reg. 8. The sayd Ezechias also reduced the Priests Leuites into their orders prescribed by Dauid before to serue euery one in his office of ministratioÌ .2 Paralip 30.31 And this order froÌ Dauid still continued till the time of Zachary at the coÌmyng of Christ our Lord beyng of Abias course which was the viij order of the Priestes appointed to serue in the tabernacle Luc. 1. To passe ouer other lighter offices translated from the Priestes to the Kyngs authoritie as coÌcernyng the orderyng of oblations in the Temple and reparations of the Lordes house kyng Salomon displaced Abiathar the high Priest by his kyngly power and placed Sadoch in his stede 3. Reg. cap. 6 Also dedicatyng the temple of the Lord with all the people blessed the whole congregation of Israell 3. Reg. 8. Iudas Machabeus also elected Priestes such as beyng without spot had a zeale to the law of the Lord to purge the Temple which the Idolatrous Gentiles had before prophaned 1. Machab. 4. Also kyng Alexander writyng to Ionathas appointed him chief Priest in his couÌtrey 1. Mac. 10. Demetrius ordeined Simon Alchinus in the like office of Priesthood Iosaphat likewise as in the whole laÌd did set Iudges so also in Hierusalem he appointed Leuites Priestes and heades of families to haue the hearyng of causes and to minister Iudgement ouer the people 2 Paral. 19. By these many other is to be sene the Kynges Princes in the old tyme as well when Priestes were borne Priestes as wheÌ they were made by election had the dealyng also
be done in priuate houses so that whosoeuer should atteÌpt the contrary should be depriued const 57. Moreouer coÌcernyng Clerkes leauyng their Churches const 58. Also concerning the order maner of funerals const 59. And that Byshops should not keepe froÌ their flocke const 67. The same IustiniaÌ grauÌted to the Clergy of ConstaÌtinople the priuiledge of the secular court in cases onely ciuile and such as touched not the disturbauÌce of the Byshop otherwise in all criminall causes he left them to the iudgemeÌt of the secular court const 83. He geueth also lawes decrees for breach of matrimonie const 117. in diuers other places And in his const 123. after the doctrine of S. Paule he commauÌdeth all Byshops Priestes to sounde out their seruice to celebrate the misteries not after a secrete maner but with a loude voyce so as they might not onely be heard but also be vnderstand of the faythfull people what was sayd done Whereby it is to be gathered that diuine prayers and seruice then was in the vulgar toung And as the said Iustinian other Emperours in those dayes had the iurisdictioÌ and gouernement ouer spirituall matters persons the like examples also may be brought of other kyngs in other laÌdes who had no lesse authoritie in their Realmes then Emperours had in their Empire As in FrauÌce Clodoueus the first Christened kyng at Orleans caused a CouÌcell of 33. Byshops where .33 Canons were instituted coÌcernyng the gouernemeÌt of the Church within .200 yeares after Christ. Ex primo Tomo Concil Carolus Magnus beside his other lawes and edictes political called v. Synodes one at Mentz the second at Rome the third at Remes the fourth at Cabilone the fift at Arâlate where sundry rites ordinauÌces were geuen to the Clergy about .810 yeares after Christ. The same Carolus also decreed that onely the Canonicall bookes of Scripture should be read in the Church none other Which before also was decreed an 4.17 in the third generall Councel of Carthage Item he exhorteth and chargeth Byshops and Priests to preach the word with a godly iniuÌction Episcopi verò vt siue per se siue per vicarios pabulum verbi diuini sedulò populis annuncient Quia vt ait beatus Gregorius Iram contra se occulti iudicis excitat Sacerdos si sine praedicationis sonitu incedit Et vt ipsi clerum sibi commissum in sobrietate castitate nutriant Superstitiones quas quibusdam in locis in exequijs mortuorum noÌnulli faciunt eradicent that is That bishops either by them selues or their deputies shall shew forth the foode of Gods word to the people with all diligeÌce For as Gregory sayth the Priest procureth against him the wrath of the secret iudge which goeth without the sound of preaching And also that they bring vp their Clergy to theÌ coÌmitted in sobernes chastitie The superstitioÌ which in certaine places is vsed of some about the Funerals of the dead let them exterminate plucke vp by the rootes c. Moreouer instructing informyng the sayd Byshops Priestes in the office of preaching willeth theÌ not to suffer any to fayne or preach to the people any new doctrine of their owne inueÌtion not agreing to the word of God but that they them selues both will preach such thyngs as lead to eternall life and also that they set vp other to do the same ioyneth with all a godly exhortation Ideo dilectissimi toto corde praeparemus nos in scientia veritatis mox vt diuina donante gratia verbum Dei currat crescat multiplicetur in profectum Ecclesiae Dei sanctae salutem animaruÌ nostrarum laudem gloriam nominis Domini nostri Iesu Christi Pax praedicantibus gratia obedientibus gloria Domino nostro Iesu Christo Amen Furthermore the said Carolus in his constitutions diuideth the goodes geueÌ to the Church so that in the more welthy places two partes should go to the vse of the poore the third to the stipeÌd of the Clergy Otherwise in poorer places an equall diuisioÌ to be made betwene the pouertie the Clergy vnles the gift had some speciall exception Ex Ansegiso lib. 1. cap. 80. And in the same booke a little after cap. 83. the author declareth by the sayd Carolus to be decreed that no Ecclesiasticall person or persons froÌ thenceforth should presume to take of any person any such gift or donation wherby the childreÌ or kinsfolkes of the sayd Donor should be defeited of their inheritance duly to them belongyng Ludouicus Pius king of France after Emperor was sonne to the foresaid Charles who being ioined together with the said Charles his father in the Empire ordained also with his father sundry actes obseruaunces touchyng the gouernement of the Church as in the author before alledged may appeare As first that no entry should be made into the Church by Symony Agayne that Byshops should be ordained by the free electioÌ of the Clergie of the people without all respect of person or reward onely for the merite of life and gift of heauenly wisedome Also the sayd Kynges Emperours forbad that any free maÌ or Citizen should enter the professioÌ of Monkery without licence asked of the kyng before added a double cause wherfore First for that many not for meere deuotioÌ but for idlenes and auoyding the kynges warres do geue theÌ selues to ReligioÌ againe for that many be craftely circumueÌted deluded by subtile couetous persons seekyng to get froÌ them that which they haue Lib. 1. cap. 114. ibidem IteÌ that no young childreÌ or boyes should be shaueÌ or enter any profession without the will of their PareÌtes And no young maydens should take the veale or profession of a Nunne before she came to sufficient discretion of yeres to discerne chuse what they will follow That none should be interred or buried theÌce forth within the Church which also was decreed by Theodosius Valentinianus 40. yeares before them Item the sayd Carolus .22 yeares before this Emperour enacted that murderers such as were giltie of death by the law should haue no sanctuary by flying into the Church c. which also was decreed by IustiniaÌ .300 yeares before this Carolus Ex Nouel Iustinia Moreouer the foresayd Ludouicus Pius with his sonne Clothariê° or as some call him Lotharius ioyned with him among other Ecclesiasticall Sanctions ordained a godly law for laymen to coÌmunicate the Sacrament of the body bloud of the Lord in these wordes Vt si noÌ frequeÌtius vel ter laici homines communicent nisi fortè grauioribus quibusâam criminibus impediaÌtur That laymen do communicate at least thrise if not ofter except they be let percase by some more haynous greuous offences Anseg lib. 2. cap. 43. Item they enacted that no goodes of the Church should be alienated vnder the payne Leoninae
is said Romanam Ecclesiam non a concilio aliquo sed a diuina voce primatum accepisse that the church of Rome tooke not his primacie by any Councell but onely by the voyce of God And this is to be said although it were true that these titles termes were so giuen to the bishop of Rome in the olde time yet how and by whom they were giuen ye sâe Now to trie this matter as ioyning an issue with our aduersaries whether those foresaid titles of soueraigntie were applied in the old tyme of the Primitiue church to the Bishop of Rome as to be called the vicare generall of Christ the hed of the whole church and vniuersall bishop remaineth to be proued Wherunto this in my minde is to be answered that albeit the bishops of Rome of some peraduenture were so called by the names of higher preeminence of that citie of some going about to please them or to craue some helpe at their handes yet that calling 1. First was vsed then but of a few 2. Secondly neither was giuen to many 3. Thirdly was rather giuen then sought for of the most 4. Fourthly was not so giuen that it maketh or can make any generall necessitie of law why euery one is so bound to call them as the bishop of Rome now seeketh to be taken and called and that by necessitie of saluation as the decree of Pope Boniface 8. witnesseth where is said quòd sit de necessitate salutis vt credatur Primatus Ecclesiae Rom. ei subesse That it standeth vpon necessitie of saluation to beleue the Primacie of the church of Rome and to be subiect to the same c. As touching therfore these titles and termes of preheminence aforesaide orderly to set foorth and declare what histories of times doe saye in that matter by the grace of Christ. First we will see what be the titles the Bishop of Rome doth take and chalenge to himselfe and what is the meaning of them 2. When the first came in whether in the primitiue time or not and by whom 3. How they were first giuen to the Romane Bishops that is whether of necessary duety or voluntary deuotion whether commonly of the whole or particularly of a few and whether in respect of Peter or in respect of the Citie or els of the worthines of the Bishop which there sat 4. And if the foresayd names were then giuen of certaine Bishops vnto the bishop of Rome whether all the saide names were geuen or but certaine or what they were 5. Or whether they were then receaued of all Byshops of Rome to whoÌ they were giuen or els refused of some 6. And finally whether they ought to haue bene refused beyng giuen or not Touching the discourse of which matters although it appertaine to the profession rather of Diuines then hystoritians and would require a long and large debating yet for so much as both in these diuers other weighty controuersies of Diuinity the knowledge of times and histories must needes helpe Diuines disputing about the same so much as the grace of Christ shall assiste me therein I wil ioyne to the seeking out of truth such helpe as I may And first to begin with the names and titles now claymed and attributed to the sea and Byshop of Rome and what they be is sufficiently declared aboue that is the cheife Preist of the worlde the Prince of the Church Byshop Apostolicall the vniuersall head of the Church the head and Byshop of the vniuersall Church the successor of Peter most holy Pope the vicar of God on earth neither God nor man but a mixt thing betweene both the Patriarche or Metropolitane of the Churche of Rome the Byshop of the first sea etc. Unto the which titles or stile is annexed a triple crowne a triple crosse two crossed keyes a naked sword seauenfold seales in token of the seauenfolde giftes of the holy Ghost he being carried pickbacke vpon mens shoulders after the maner of heathen kynges hauing all the Empire and the Emperour vnder his dominion that it is not conuenient for any terrene Prince to reigne there where he sitteth hauing the plenary fulnes of power as well of temporall things as spirituall things in his handes that all thinges are his and that all such Princes as haue gyuen him any thing haue giuen him but his owne hauing at his will and pleasure to preach indulgencies and the crosse against Christen Princes whatsoeuer And that the Emperour certaine other Princes ought to make to him confession of subiection at their coronation hauing authoritie to depose and that he de facto hath deposed Emperors and the king of France Also to absolue the subiects from their allegeance to their Princes whom kings haue serued for footmen to lead his horse and the Emperour to hold his stirrop that he may and doth geue power to Bishops vpon the bodies of men and hath graunted them to haue prisons without whose authoritie no general Councell hath any force And to whom appellations in all maner of causes may and ought to be made That his decrees be equall with the decrees of Nicen Councel and are to be obserued and taken in no lesse force then if they had bene confirmed with the heauenly voyce of Sainct Peter himselfe ex fra Barth alijs Item that the sayd Byshop of Rome hath the heauenly disposition of thinges and therefore may alter and chaunge the nature of thinges by applying the substance of one thing to an other cap. Quando de transl Epis. tit 7. Item that he can of nothing make something and cause the sentence which before was none to stande in effect and may dispence aboue the lawe and of iniustice make iustice in correcting and chaunging lawes for he hath the fulnes of power And againe dist 40. cap. Si Papa If the Pope doe leade with him innumerable soules ââ flockes into hell yet no man must presume to rebuke his faultes in this worlde Item that it standeth vpon necessitie of saluation to beleeue the Premacie of the sea of Rome and to be subiect to the same c. These thinges thus declared now let vs see whether these names and titles with the forme and maner of this authoritie and regalitie aboue rehearsed were euer attributed of any in the primitiue tyme to the byshop of Rome For al these he doth chalenge and clayme vnto him by old possession from the time of S. Peter And here a question is to be asked of our aduersaries the Papistes whether they will auouch all these aforesaide titles together wyth the whole forme and tenour of regalitie to the same belongyng as is afore touched or not if they wil let them come foorth with their allegations which they neuer haue done yet nor euer shal be able if they will not or can not auouch them all together in maner as is specified then why doth the byshop claime them altogether so stoutly
examining vnto one Byshop and denie it to a multitude congregated in a whole Councell 5. Neither can it be that any such outlandish iudgement in hearing and determining causes can stand perfect and vpright for that the necessary persons of witnesses either for infirmitie of sexe of age of sickenes or some other impeachment are not able to be present by whom the truth of the sentence should be directed Wherefore as by these other reasons they thought it not conuenient from them to bryng their matters ouer vnto Rome so neither was it to be found sayd they by any councell of the old fathers decred that any Legates should be sent froÌ Rome to theÌ for deciding of their matters And therefore exhorted they the sayd bishop of Rome that he would not induce fumosum typuÌ or rather as I may call it typhos seculi in Ecclesiam Christi quae lucem simplicitatis humilitatis prefaert ijs qui Deum Diligunt that is that he would not induce the swelling pride of the worlde into the Church of Christ which church sheweth and giueth the light of simplicitie of humilitie to such as loue to see God c. In these foresaid letters moreouer is signified how the forenamed malefactor Apiarius whom the bishop of Rome before had absolued receiued to the communion of the church was afterward found culpable and therfore the councell proceded against him brought him to open confession of his faults so enioined him due penance for his demerites notwithstanding the absolution and inconsiderate clearing of the Bishop of Rome before proceeding In summe out of this Councell of Carthage these are to be noted First how glad the Bishops of Rome were to receiue such as came to them for succour 2. What pride they tooke by the occasion therof thinking and seeking thereby to haue all vnder their subiection 3. To the intent to allure other to seeke to them how redie they were to release and quit this Apiarius as guiltles which after was tried culpable by his owne confession 4. How contrary to the actes and doings of the Romish bishop this Councell condemned him whom the said bishop of Rome before had absolued litle respecting the proceedings of the Romish church 5. How the bishops of old time haue bene falsifiers of ancient Councels and writings wherby it may be suspected that they which shamed not to falsifie corrupt the Councell of Nice much lesse would they sticke to abuse and falsifie the decretall Epistles and writings of perticular Bishops Doctors for their owne aduantage as no doubt they haue done many one 6. In this foresaid Councell whereat Augustine himselfe was present where Aurelius President of the same was called Papa the bishop of Rome was called expresly in their letters but bishop of the citie of Rome and Dominus frater that is brother Bishop 7. Seuenthly the dominion of this Romain Patriarch in the said Councel of Carthage was cut so short that neither it was permitted to theÌ of Affrike to appeale ouer the sea to him nor for him to send ouer his Legates to them for ending their controuersies Wherby it may sufficiently appeare that the Bishop of Rome in those dayes was not fully admitted to be the chiefe of all other Bishops nor the head of the vniuersall church of Christ in earth c. 8. We heare in this Councell fiue causes or reasons giueÌ why it is not necessary nor yet conuenient for all forraine causes to be brought to one vniuersall head or iudge as is before recited 9. Lastly by the said Councell of Carthage we heare a vertuous exhortation to be giuen to the bishop of Rome that he would not induce into the meeke humble church of Christ the fuming and swelling pride of the world as is before declared c. In this or in some other Councell of Carthage it was moreouer prouided by expresse law and also specified in the Popes decrees that no Bishop of the first sea should be called the Prince of Priests or the chiefe priest or any such like thing but onely the bishop of the first seat as followeth more in the said decree Vniuersalis autem nec etiam Rom. pontifex appelletur that is Be it enacted that no bishop no not the Bishop of Rome be called vniuersall bishop c. And thus much coÌcerning this foresaid Councell of Carthage Not long before this Councel was celebrate in Affrike an other Councel called Synodus Mileuitana about the yere of our Lord 442. at the which Councell also S. Augustine was present where it was decreed vnder payne of excommunication that no minister or bishop should appeale ouer the sea to the bishop of Rome whereby it may appeare that the bishop of Rome all this space was not vniuersally called by the terme of Oecumenical or vniuersal bishop but Bishop of the first sea so that if there were any preferment therein it was in the reuerence of the place and not in the authoritie of the person And yet it was not so in the place that the place importeth the Cittie of Rome onely but the first seate then was called Metropolitane Church as by the woordes of Nicene Councell and other constitutions moe is to be seene where the foure Patriarches were called ãâã ãâã ãâã ãâã ãâã or ãâã ãâã ãâã ãâã ãâã or ãâã ãâã ãâã ãâã ãâã as namely by the wordes of the Councell of Carthage may appeare which be these ãâã ãâã ãâã ãâã ãâã that is except he haue some special liceÌce or exception by the consent of the first seat of the proper bishop in euery country that is of him that is the Primate in the said countrey c. Also the wordes of the can 39. of the Councell of Carthage before touched be these ãâã ãâã ãâã ãâã ãâã That is that the bishop of the first sea be not called Prince of Priestes or head Priest or els any such like Againe Anicetus the x. bishop of Rome and Pope Stephen Pope Felix making a difference betwene Primate Metropolitane writeth thus Let no Archbishops bee called Primates but onely such as haue the first seat c. Thus it is made plaine how the bishop of the first seate or first bishop or Primate is none other but he which was called Patriarch and belonged not only to the church of Rome but to all such cities places where as before among the Gentiles were primi flamines c. dist 80. cap. vrbes loca in illis Where by the way is to be noted the repugnance or contrarietie of such as crastily but falsly haue counterfaited the Popes decretall epistles which besides other great and many coniectures also hereby may be gathered For where Clement Anacletus epist. 12. Anicetus and other ioyning together the office of Patriarchs Primates do deuide the same from the order of Metropolitanes or Archbishops alledging therin the constitution of the Apostles
an 405. as appeareth dist 61. cap. Miserum Item Zosimus Byshop of the sayd Citie of Rome an 420 as witnesseth dist 59. cap. 1. who speaketh de summo sacerdotio that is of high priesthood not onely of the church of Rome but of all other churches Vrbanus the first was Byshop of Rome an 226. who in his writinges alleaged by Gratian referreth the name place Summi pontificis of the hygh Byshop not onely to the seate of Rome but vniformely to euery Byshop as appeareth in the wordes of the dist 51. cap. Si officia c. And thus much as touching the name or title of high Priest or supreme Byshop Which title as I doe not deny to haue bene vsed in maner forme aforesayd so do I denye this tytle and style of Summus orbis pontifex as it is now vsed in Rome to haue bene vsed or vsually receaued duryng all the primitiue tyme of the Church that is v. huÌdred yeares after Christ after the manner and sort I mean of that authoritie and glory which in these dayes nowe is vsed and is giuen to the same vntil the time of Phocas the wicked Emperour which was after the yeare of the Lord 608. The which title as it is to glorious for any one Byshop in the church of Christ to vse so is it not to be found in any of the approued and most auncient writers of the church namely these as Cyprianus Basilius Fulgentius Chrysostomus Hieronymus Ambrosius Augustinus Tertullianus but rather writeth against the same especially of the last And therfore not with out cause it is written and testified of Erasmus who speaking of the sayd name of Summus orbis pontifex denieth plainely the same to be hearde of among the olde writers whose wordes be these Certe nomen hoc nondum illis temporibus erat auditum quantum ex veterum omniuÌ scriptis licet colligere c. lib. Epist. 3. Epist. 1. art 37. c. as whosoeuer readeth the same authours shall finde to be true The like is to be affirmed also of other presumptious titles of like ambition as the head of the vniuersal church the Uicar of Christ in earth Prince of Priestes with such like which all be new found termes straunge to the cares of the old primitiue writers and Councels and not receiued openly and commonly before the tyme of Boniface the third and Phocas the aforesayd Now remaineth the name of the Pope which of his nature and by his first origine being a word of the Syracusane speech called ãâã ãâã ãâã ãâã ãâã and signifieth as much as Pater Father was then vsed and frequented of them in the old tyme not so as proper onely to the Byshop of Rome but common and indifferent to all other Byshops or personages whosoeuer were of worthy excelleÌce as is partly before declared But nowe contrarily the generalitye of this name is so restrayned and abused that not onely it is appropriate to the Byshop of Rome but also distincteth and disceuereth the authoritie and preminence of that Byshop alone from all other Byshoppes for which cause it is now worthely come into contempt and execration No lesse is to be reiected also the name of vniuersalis or oecumenicus pontifex Summus orbis Episcopus Caput vniuersalis Ecclesiae Christi in terris Princeps vicariê° sacerdotuÌ c. Al which termes and vocables tending to the derogation of other Bishops Patriarches as they were neuer receaued nor allowed in Rome if we beleeue Gregory during the tyme of the Primatiue church so now are worthely of vs refused Although it cannot be denied but certaine were in the Primatiue time which began priuately to pretende that proude and wicked title of vniuersall Byshop as Menna and especially Ioannes Patriarche of Constantinople who calling a Counsell at Constantinople went about to stablish and ratifie and to dignifie his throne by the consent of the Councell and the Emperour of Constantinople and obtained the same as appeareth in the v. generall Councell of Constantinople the 2. where both Menna is named Oichumenicus Patriarcharum and also Ioannes in the sayde Councell is titled Oicumenicus Patriarcha ex Concil general 5. cap. Domino Concerning the which title although it was then vsed to Constantinople through the sufferaunce of the Emperours being then willing to haue their imperiall City aduaunced yet notwithstanding this foresayde title all this while was not in the City of Rome And in Constantinople it stoode not then in force Iure aliquo diuino but onely by mans lawe And thirdly it was then but onely verbalis titulus hauing no true dominacion vpon all other Churches or any reall subiection belonging to the same Forasmuch as neither the Bishop of Rome nor any of the West churches were subiect or did acknowledge seruice vnto them but rather did repugne the same namely Pelagius the 2. Gregorius the 1. both Byshops at that time of Rome whiche Pelagius writing to all Byshops sayth playnely in these wordes that no Patriarch should take the name of vniuersalitie at any time because that if any be called vniuersall the name of Patriarch is derogate from all other But let this be farre saith he from all faithfull men to will to take that thing to him wherby the honor of his brethren is diminished Wherefore the sayd Pelagius chargeth all such Byshops that none of them in their letters will name any Patriarche to be vniuersall least he take from him selfe the honour due to him while they giue that which is not due to another What can be more euident then these wordes of Pelagius who was Bishop of Rome next before Gregory an 583 In lyke maner or more plainely and more earnestly writeth also Gregory of this matter in his register prouyng and disputing that no man ought to be called vniuersall Byshop Moreouer with sharpe wordes and rebukes detesteth the same title calling it new folish proude peruerse wicked prophane and such as to consent vnto it is as much as to denye the fayth He addeth further and saith that whosoeuer goeth about to extoll himselfe aboue other Byshops in so doing followeth the fact of Sathan to whoÌ it was not sufficient to be counted equall or like vnto other angels In his Epistles how oft doth he repeate and declare the same to repugne directly against the Gospell and auncient decrees of Counsels affirming that none of his predecessours did euer vsurpe to himselfe that style or title and concludeth that whosoeuer so doth declareth himselfe to be a forerunner of Antichrist c. With this iudgement of Gregory wel well agreeth also the wordes of S. Augustine Lib. 3 cap. 3. De Baptismo where reciting the wordes of Cyprian thus saith Neque enim quisquam nostrum se Episcopum EpiscoporuÌ constituit aut tyrannicomore ad obsequendi necessitatem collegas suns aâigit c. That is for none of vs doth euer set himselfe to be Bishop
the same For in matters of the church which are spirituall all preeminence standeth vpon spirituall inward gifts spiritualia enim spiritualibus comparantur as fayth pietie learning and godly knowledge zeale and feruencie in the holy ghost vnitie of doctrine c. which giftes many tymes may excel in a church where the minister or bishop is inferiour to bishops or ministers of other churches As the most famous schoole in a realme hath not alway the most famous schoolemaister neither doth make him therby most excellent in learning aboue of all other So if our aduersaries do meane by this preemineÌce of the church of Rome such inward gifts of doctrine faith vnitie and peace of religion then say I the excellencie hereof doth not inferre or argue the excellencie of the Bishop And thus concerning the principallitie of the Church of Rome commended at that time of the Doctors it may be true so well expounded one way And thus do I graunt the antecedent of this argument and deny the consequent But here will our aduersaries peraduenture reply againe and say that the principallitie of the church of Rome which is commended by the Doctours is not ment here so much by inward gifts and induments belonging to a christian church as by outwarde authoritie and domination ouer other churches whereto is to be aunswered First what necessitie is there or where did our Papists learne to bring into the spiritual church of Christ this outward forme of ciuile regimeÌt and pollicie that as the Romaine Emperours in tyme past gouerned ouer all the world so the Romaine bishop must haue his monarchie vpon the vniuersall Clergy to make all other churches to stoupe vnder his subiection And where then be the wordes of our Sauiour Vos autem non sic If they hold their affirmatiue quòd sic where then is Christes negatiue non sic if they say there must needes be distinction of degrees in the church and in this distinction of degrees superioritie must necessarily be graunted for the outward discipline of the church for directing matters for quieting of schismes for setting orders for commensing of Conuocations and Councels as neede shall require c. Against this superioritie we stand not therefore we yeld to our superior power kings and princes our due obedience and to our lawfull gouernours vnder God of both regiments Ecclesiasticall and Temporall Also in the Ecclesiasticall state we take not away the distinction of ordinarie degrees such as by the Scripture be appointed or by the primatiue church allowed As Patriarchs or Archbishops Bishops Ministers and Deacons for of these foure we especially read as chiefe In which foure degrees as we graunt diuersitie of office so we admitte in the same also diuersitie of dignitie neither denying that which is due to ech degree neither yet maintaining the ambition of any singuler person For as we geue to the minister place aboue the Deacon to the bishop aboue the minister to the Archbishop aboue the Bishop so we see no cause of inequalitie why one minister should be aboue an other minister One bishop in his degree aboue an other bishop to deale in his Diocesse or one Archbishop aboue another Archbishop And this is to keepe an order duely truly in the church according to the true nature and definitioÌ of order by the authoritie of August lib. De ciuit Dei Where he thus defineth that which we call order Ordo est parium dispariumque rerum sua cuique loca tribuens dispositio Order saith he is a discretion or diâposition giuen to all things according as they are matches or not matches proportionally to euery one his owne right and proper place This definition of S. Augustine standing with the things before premised now here ioyneth the questioÌ betwene vs and the Papistes whether the Metropolitane Church of Rome with the Archbishop of the same ought to be preferred before other Metropolitane churches Archbishyps through vniuersall Christendome or not To the answer wherof if the voyce of order might here be heard it would say geue to things that be matches like like honour to things vnlike vnlike honour c. Wherefore seyng the sea of Rome is a Patriarchall sea appointed by the Primitiue Church and the Bishop thereof an Archbishop limited within his owne bordering churches which the Councel of Nice calleth suburbicas Ecclesias as other Archbishops be he ought therfore orderly to haue the honor of an Archbishop ordering himselfe thereafter such outward preeminence as to other Archbishops is due More if he do require he breaketh the rule of right order he falleth into presumption and doth wrong vnto his fellows and they also do wrong vnto themselues whosoeuer they be which feeding his humour of ambition geue more vnto him theÌ the foresaid rule of order doth require For so much as they yeld to him more theÌ is his right so much they take froÌ theÌselues which is due to theÌ And the same is the cause why both Gregory and Pelagius his predecessour reprehendeth them which gaue to the Archbishop of Constantinople that which now the bishop of Rome clauneth to himselfe charging them with the breach of order in these words Nedum priuatim aliquod daretur vni honore debito sacerdotes priuarentur vniuersi that is least that while any singular thing is giuen to due person all other Priestes be depriued of their due honour And for the like case Pelagius exhorteth that no Priest do giue to any one Archbishop the name of vniuersall bishop ne sibi debitum subtrahat cum alteri honorem offert indebitum That is least saith he in so doing he take from himselfe his due honour while he yeldeth that which is not due to another And also in the same Epistle Quia si summus Patriarcha vniuersalis dicitur Patriarcharum nomen caeteris derogatur For saith he if he be called the chiefe vniuersal Patriarch then is the name of Patriarchs derogated from other c. Wherefore as is said seing the bishop of Rome is an Archbishop as other be Order giueth that he should haue the dignitie which to Archbishops is due whatsoeuer is added more is derogation to the rest And thus much concerning distinction of degrees and order in giuing to euery degree his place and honour The second reason or answer to the obiectioÌ before moued pag. 16. is this that beyng graunted to the Papists that the Doctours aforesaid speaking of the principallitie of the church of Rome doe meane not onely of the inward vertues of that church but also of the outward authoritie and iurisdiction of the same aboue other churches yet the cause wherfore they did attribute so much to the church is to be expeÌded which was this as before was alledged out of the Councel of Calcedon cap. 28. ãâã ãâã ãâã ãâã ãâã that is for the title and Imperie which that citie of Rome had then aboue other
properly appertain briefly with this one short distinction I answer these all such other like places where S. Peter with his successours are called head of the church chiefe of Bishops Prince of the Apostles c. In which places this worde head chiefe and Prince of the Apostles may be taken two maner of waies to note either dominioÌ or els commendation For so we read sometime Caput and princeps to be wordes not of authoritie but of excellencie wherby is declared the chiefest and worthiest part among many parts and not possessour and gouernour of the whole Like as in the person of maÌ the hed is the principal part of the whole body being endued with reason furnished with most excelleÌt senses by the which the whole body of maÌ is directed so thereof is deriued by a metaphor to what man or thing soeuer nature or condition hath giuen the greatest excelleÌcie of gifts and properties aboue other partes or meÌbers the same societie to be called of the said parties Caput or Princeps head or Prince And yet the same head or Prince so called hath not alwayes dominion or iurisdictioÌ of the rest So we call in our vulgar speach the head or chiefe men of the parish who for their riches wisdom or place are most specially noted After like phrase of speach we call the head man of the Inquest him that hath the first place And yet neither they nor these haue any dominion or iurisdiction vpon the residue In a schoole the chiefest Scholer in learning is not therefore the maister or gouernour of his fellowes Neither hath M. Cicero any title thereby to claime subiection and seruice of all other Oratours because he is named Princeps eloquentiae and goeth before them in that kind of phrase The same Cicero Lib. 1. offic calleth CratippuÌ principem huius aetatis Philosophorum as Homerus also may be called Poetarum Princeps And yet neither Philosophers to Cratippus nor Poetes to Homere owe anye thing els but onely fame and praise And what if S. Peter the blessed Apostle be called and counted of the old auncient Doctours as head and Prince of the Apostles which is as much as Coryphaeus Apostolorum for his excellent faith for his deuine confession singular affection to the Lorde Iesus yet what Interest or charge either hath he to chalenge ouer the Apostles or the Pope after him ouer all other bishops the whole church of Christ although the Pope haue the like excellencie of Christes faith which Peter had as would God he had As concerning these allegations therfore out of the Doctors two thinges are to be obserued First that neither these names and titles though they be geuen to Peter doe geue him any state or dominion aboue other Apostles nor yet the succession of him doth further any whit this celsitude and regalitie of the Pope to aduance him aboue his fellow Archbishops as he now doth And if our aduersaries would needs prouoke vs to the numbring of testimonies deuiding the house speaking of the writers and Counsels of the Primitiue age for these aforesaid testimonies alleaged on their side I could on the contrary part recite out of the witnesse of Doctours out of the examples of Councels practises of Emperors no lesse then 60. voices much more repugnant against their assertion then there is for the Pope The tractation wherof for this present I do refer either to them that haue more laisure at this time to discourse them or els omit it to an other time if the good pleasure of the Lord shall be to graunt me further laisure in an other Booke to intreat thereof at large in such order as if the Lord so graunt shal appeare sufficient matter to proue by the Doctors general Councels examples and histories of time that the Bishops of Rome during the first 500. yeres after Christ although for the greatnes of the Empire were somewhat more magnified then the other and therfore were sought of many and were flattred of some and they themselues diuers did set forth themselues more then they should yet by the commoÌ consent of churches were stopped of their purpose so that by the consension of the most part within the compasse of that age the Bishops of Rome had not this regall state of title iurisdiction and fulnes of power which now they vsurpe but were taken as Archbishops of equal honour of equal merite with other Archbishops rulers of the church And if any preferment was giuen vnto them some thing aboue the rest yet neither was it so giuen of all nor of the most part secondly neither was it so giuen of them for any such necessitie of Gods worde aut iure aliquo diuino as which did so bind them thereunto nor yet so much for the respect of Peter his succession as for certaine other causes and respects as may be gathered to the number of 13. Of which the first is the greatnesse of the citie and Monarchie of Rome The second is the authoritie of the Emperor Constantine the great first of the Emperors conuerted to the faith and ruling in the same citie by whom the vniuersal libertie of the church was first promooted and the causes of the bishops being then at variance were committed partly to the bishop of Rome partly to other bishops nere by to be decided as appeareth Euseb. lib. 10. cap. 5. The third was the Councel of Nice which confirmed the preeminence of that church to haue the ouersight of the churches bordering about it The fourth cause of aduauncing the church of Rome was the vnquiet state of the Greek church much troubled in those dayes with sects factions and dissentions wherof we may read Socrat. lib. 2. cap 15. Sozom. lib. 3. cap. 8. The fift when Synodes were called by other Metropolitanes then if it chanced the bishops of Rome to be absent and their sentence being absent to be required by the occasion therof they began at length to take their sentence for a Canon or rule Ecclesiasticall thereby to refuse other Synodes where their decree or senteÌce was not required An other cause was that when any common matter was in hand in other places whatsoeuer was done commonly the maner was to write to the Romaine bishop for his approbatioÌ in the same for publike vnitie and consent to be had in Christes church as appeareth Lib. 10. Epist. 78. Ambrosij ad Theophilum Item for that the testimonie somtimes of the Romain bishop was woont in those dayes also to be desired for admitting teachers and bishops in other churches whereof we haue example in Socrat lib. 4. cap. 37. Moreouer this was a great setting vp of that church when as their sentence not only was required but also receiued diuers times of other bishops And when Bishops of other prouinces were at any dissention among theÌselues they of their owne accord appealed to the bishop of Rome desiring him to
to the brethren of Fraunce and of Spayne appointeth such an order and forme of the church as seemeth not to agree with the time then present For so hee declareth in that Epistle that a Byshop in al places whether soeuer he goeth should haue two Priestes with three deacons waiting vpoÌ him to be witnesses of al his waies and doings Which ordinaunce although I deny not but it may be and is conuenient yet I se not how that time of Lucius could serue then for a Bishop to cary such a pompe of Priestes Deacons about him or to study for any such matter for so much as Bishops commonly in those daies were seldome free to go abroad went they neuer so secrete but either were in houses close and secret or in prison or els in banishment Moreouer in the said Epistle how poÌpously he writeth to the Church of Rome This holy and Apostolycall Church of Rome sayth he the mother of all Churches of Christ which by the grace of God omnipotent hath neuer bene proued to swerue out of the pathe of Apostolicall tradition neyther hath euer fallen or bene depraued with heretical innouations but euen as in the first beginning it receaued the rule of the Apostolicall faith by his first instructers the Princes of the Apostles so it continueth euer immaculate and vndefiled vnto the end Unto this Lucius also is referred in the decrees of Gratian this constitution that no minister whatsoeuer after his ordination should at any time reenter to the chamber of his owne wife in paine of loosing his Ministery in the Church c. Eusebius in his vij booke making mention of the death of Lucius and not of his Martyrdome saith that he sate but eight moneths But Damasus in his Martyrologe holdeth that hee sat thre yeares was beheaded the second yeare of Valerian and Galienus Emperours And so doth also Marianus Scotus and Nauclerus with other that folow Damasus affirme the same After him came Stephanus next Bishop of Rome following Lucius whome Damasus Platina and Sabellicus affirme to haue sit vij yeares fine monethes to die a martir Contrary Eusebius and Volateranus holding with hym giue him but two yeares which part commeth most neare to the truth I leaue to the readers iudgement of his two Epistles decretall and of his ordinaunces out of the same collected I nede not much to tary for two respects eyther for that concerning these decretal Epistles suspiciously intituled to the names of the fathers of the primitiue church sufficiently hath bene said before or els because both the phrase barbarous and incongrue and also the matter it self therin contained is such that although no testimony came against it yet it easely refelleth it selfe As wherein the second Epistle he decreeth that no Byshop being expulsed out of hys seate or depriued of his goodes ought to be accused of anye or is bound to aunswere for himselfe before that by the lawe regularly he be restored agayne fully to his former state and that the Primates and the Synode render to him agayne all such possessions and fruites as were taken froÌ him before his accusation as is agreeing both to the lawes Canon also seculare First here I would desire the Reader a little to stay this to consider to himself who be these here ment which either vsed or might despoile these bishops of their goods expulse theÌ froÌ their seates for such wroÌgfull causes but only Kings Emperours which at this time were not yet Christened nor vsed any such proceedinges against these Bishops in such sort as either Primates or Synodes coulde restore them again to their places and possessioÌs Againe what priuate goodes or possessions had Byshops then to be taken from them when as Churches yet neither were indued wyth patrimonies nor possessions And if any treasures were coÌmitted to the church it pertained not properly to the Byshop but went in general to the subuention of the poore in the Church as in the Epistle of Cornelius to Fabius maye appeare alleaged in Eusebius Lib. 6. cap. 43. where he speaking of his Church declaring how there ought to bee but one Byshoppe in the same ânterreth mention of xlvj Priestes vij Deacons with vij Subdeacons xlij Acoluthes of widowes and poore afflicted persons to the ââber of a 1500 and aboue founde and nourished in the same Church by the mercifull benignitie and prouidence of god Eusebius Lib. 6. cap. 43. It followeth more in the ende of the said Canon which thing is forbidden both by the lawes Ecclesiastical also seculer c. Now what lawes seculer were in the time of Stephen for bishops not to be charged with any accusation before they were restored againe to their state let any Reader marking well the state or the Heathen lawes that then were iudge and in iudgeing I doubte not but this matter alone though there were no other will be ynough to descry the vntruth hereof Moreouer by diuers other probable notes and arguments in the saide seconde Epistle of Stephanus it maye be easely espied this Epistle to be famed and ââauthored especiall by the fift Canon of the saide Epistle where hee so solemnely entreateth of the difference betweene Primats Metropolitanes and Archbyshops which distinction of degres and titles sauoring more oâ ambition then of persecution giueth me verily to suppose this Epistle not to be written by this Stephen but by âine other man either of that name or of some other time when the Churche began to be setled in more prosperitie and orders therein to bee taken for euery man to know his âegââe and limits of his authoritie according as tâ specified by the vj and vij Canon of Nicene Councell âââceeing of the same matter The like ãâ¦ã of the seuenth Canon of the said Epistle where he writeth and appointeth all causes iudiciarie to be decided determined within the precinct of their owne proper Prouince and not to passe ouer the boundes theron vnlesse saith he the appeaâe be made to the Apostolical sea of Rome which sanâreth in my nose rather of a ââacke of Popery then of the veine of Christianity especially in these times during this terrible persecution among the Byshops of Christ. And thus much of the second decretall Epistle of Stephanus although of the first Epistle also written to Hilarius some thing may be said as where he speaketh in the said Epistle of holy âââtimentes and holy vessels and other ornaments of the aulter seruing to diuine worship and therfore not to be touched nor handled of any maÌ sauing of Priests alone Concerning all which implements my opinion is this that I thinke the Church of Rome not to haue beene in so good state theÌ that either Stephanus or Sixtus before him beyng occupied about other more earnest maters and scarce able to hide their owne heades had any minde or cogitation to studie vpon such vnnecessary inuentions seruing in
x. yeare of Constantinus It was not yet one yeare from the day in which Dioclesian Maximianus ioyning themselues together began their persecution when that they sawe the number of the Christians rather to encrease then to diminish notwithstanding all the cruelty that euer they coulde shew and now were out of all hope for the vtter rootyng out of them which thing was the cause of their first enterprise and had now euen their fill of bloud and lothed as it were the shedding thereof they ceased at the last of theyr owne accord to put any mo christians to death But yet of a great multitude they did thrust out their right eyes and maymed their left legs at the hamme with a searing iron condemning them to the mines of mettals not so much for the vse of their labour as for the desire of afflicting them And this was the clemencie and release of the crueltie of those Princes which sayd that it was not meete that the cities should be defiled with the bloud of citizens and to make the Emperours highnesse to bee destained with the name of cruelty but to shew his princely beneficence and liberalitie to all men Eusebius Lib. 8. cap 10. When Dioclesianus and Maximianus had raigned together Emperours twenty yeares and one Nicephorus saith xxij yeares at length Dioclesian put himselfe from his imperiall dignitie at Nicomedia and liued at Salona Maximinianus at Mediolanum and led both of theÌ a priuate life in the 309. yeare after Christ. This strange and meruailous alteration gaue occasion and so came to passe that within short space after there were in the Romaine commoÌ welth many Emperours at one tyme. In the beginning of this persecution you heard how Dioclesian beyng made Emperour tooke to him Maximinian Also how these two gouerning as Emperours together chose other two Caesars vnder them to wit Galerius Maximinus Constantius the father of Constantine the ãâã Thus then Dioclesian raigning with Maximinian in the 19. yeare of his raigne began his furious persecution against the christians whose raigne after the same continued not long For so it pleased God to put such a snaffle in the tyrants mouth that within two yeares after he caused both him and Maximinian for what cause he knoweth to geue ouer his Imperial function and so to remayne not as emperours any more but as priuate persones So that tâey beyng now displaced and dispossessed the Imperial dominion remayned with Constantius Galerius Maximinus which two deuided the whole Monarchie betwene them so that Maximinus should gouerne the East countreys Constantius the west partes But Constantius as a modest Prince onely contented with the Imperial title refused Italy and Aphrike contenting himselfe only with Fraunce Spaine and Britaine Wherefore Galerius Maximinus chose to hym his two sonnes Maximinus and Seuerus Likewise Constantius tooke Constantinus his sonne Caesar vnder him In the meane tyme while Maximinus with his two Caesars were in Asia the Romaine souldiours set vp for their emperour Maxentius the sonne of Maximinian who had before deposed himselfe Against whom Maximinus the Emperour of the East sent his sonne Seuerus which Seuerus was slayne in the same voyage of Maxentius In whose place then Maximinus tooke Licinius And these were the Emperours and Caesars which succeeding after Dioclesian and Maximinian prosecuted the rest of that persecution which Dioclesian and Maximinian before begun duryng neare the space of seuen or viij yeares which was to the yeare of our Lorde 318. Saue onely that Constantius with his sonne Constantinus was no great doer therin but rather a maintainer and a supporter of the Christians Which Constantius surnamed Chlorus for his palenesse was the sonne of Eutropius a maÌ of great nobilitie of the Romaine union as Loetus affirmeth He came of the lyne of Aeneas and Claudia the daughter of Claudius Augustus This man had not the desire of great and mightie dominion and therefore parted he the Empire with Galerius and would rule but in France Britaine and Spayne refusing the other kingdomes for the troublesome and difficult gouernment of the same Otherwise he was a Prince as Eutropius maketh description of him very excellent ciuill meeke gentle liberall and desirous to do good vnto those that had any priuate authoritie vnder him And as Cyrus once sayd that he gaâe treasure inough when he made his friendes rich euen so it is sayd that Constantius would often tymes say that it were better that his subiects had treasure theÌ he to haue it in his treasure house Also he was by nature suffised with a little In so much that he vsed to eate and drinke in earthen vessels which thing was counted in Agathotles the Sicilian a great commendation and if at any tyme cause required to garnish his table he would send for plate and other furniture to his frendes To these vertues he added yet a more worthy ornament that is deuotion loue and affection towards the word of God as Euseb. Lib. 8. cap. 13. affirmeth after which vertues ensued great peace and tranquillitie in all his Prouinces By which worde he being guided neither leuied any warres contrary to pietie and christian religion neither he aided anye other that did the same neither destroyed he the churches but commaunded that the christians should be preserued and defended and kept them safe from all contumelions iniuries And when that in the other iurisdictions of the Empire the congregatioÌs were molested with persecution as Sozomenus declareth Lib. 1. cap. 6. he only gaue licence vnto the Christians to liue after their accustomed maner This wonderfull acte of his followyng besides other doth shew that he was a sincere worshipper of the christian religion Those which bare the chiefe offices among the Ethnikes draue out of the emperors count all the godly Christians wherupon this ensued that the Emperors themselues at the last were destitute of helpe when suche were driuen away which dwelling in their courtes and liuyng a godly lyfe poureâ out their prayers vnto God for the prosperous estate and health both of the Empire Emperor Constantius therefore thinkyng at a certayne tyme to try what sincere and good Christians he had yet in hys courte called together all hys officers and seruaunts in the same fayning himselfe to chitse out such as would do sacrifice to deuils and that those only should dwell there keep their offices and that those which would refuse to doe the same should be thrust out banished the court At this appointment all the ãâã deuided theÌselues into ãâã The Emperor marked which were the constantest godliest from the rest And when ãâã sayd that they would willingly do sacrifiâe other serue openly and boldly denied to do the same Then the Emperor ãâã rebuked those which were so redy to doe ãâã iudged them as false traitors vnto God accountyng their vnworthy to bee in his court which were such traitors to
in effect were these Quid autem acciderit vt Theodorus sanctiss Archiepiscopus me superstite in sede quam licet indignus dispensabam absque consensu cuiuslibet Episcopi ex sua autoritate mea humilitate non acquiescente ordinauit tres Episcopos omittere magis quam vrgere pro eiusdem viri reuerentia * coÌdecet Quem quide pro eo quod ab hac Apostolicae sedis summitate directus est accusare non audeo c. In English Howe it chaunceth that Theodorus the most holy reuerend Archbishop my selfe being aliue in the sea which I though vnworthy did rule and dispose hath of his own authority without the coÌsent of any bishop neither hauing my simple voice agreing to the same ordained iij. Bishops I had rather passe ouer in silence then to stir any farther therin because of the reuerence of that man and no lesse thought I it my duetie so to doe The which man for that he hath beene dyrected by the authoritie of this sea Apostolicall I wyll not nor dare not here accuse c. Thus the cause of the sayd Wilfride albeit it was sufficiently knowne in the Court of Rome to be well allowed for iust and innocent yet it was not then redressed In such estimation was this Theodorus then among the Romaines Upon this controuersie of these two Bishops I may wel here inter the words of W. Malmelbury not vnworthy in my minde to be noted whiche be these in his Latine story Vbi videri doleri potest humana miseria quod videlicet quantum libet quis sanctitate polleat non ad plenum peruicaces mores exuat c. That is In the whiche Theodore saith hee the weake and miserable infirmitie of man may be sene and also lamented considering that although a maÌ be neuer so holy yet in the same man is some thing whereby it may be perceaued that hee hath not vtterly put of all his stubburne conditions c. In the time of this Theodorus and by the meanes of hym a prouincial Synode was holden at Thetford mentioned in the storye of Bede the principall contents wherof were these First that Easter day shoulde bee vniformely kept and obserued through the whole Realme vpon one certayne daye videlicet prima 14. Luna mensis primi Secondly that no Byshop should entermedle within the Dioces of an other Thirdly that monasteries consecrated vnto GOD should be exempt and free from the iurisdiction of the byshops Fourthly that the Monkes should not stray from one place that is from one Monastery to another without the license of his Abbot also to kepe the same obedience which they promised at their first entryng Fiftly that no Clergyman shoulde forsake his owne Byshop and to be receaued in any other place wyth out letters commendatory of his owne Byshop Sixtly that forraine Byshops Clergimen coÌming into the Realme should be content onely with the benefite of such hospitality as should be offered theÌ neither should entermedle any further within the precinct of any bishop without his speciall permission Seuenthly that Synodes prouinciall should be kept within the Realme at least once a yeare Eightly that no Bishop shoulde preferre himselfe before an other but must obserue the time and order of hys consecration Ninthly that the number of Byshops should be augmented as the number of the people encreaseth Tenthly that no mariage should be admitted but that which was lawfull No incest to be suffered neyther any man to put away his wyse for any cause except onelye for fornication after the rule of the Gospell And these bee the principall chapters of that Synode c. In the next yere following was the sixt general councell kept at Constaunce whereat this Theodore was also present vnder Pope Agatho where Mariage was permitted to Greeke priests and forbidden to the Latin In this Councell the Latine Masse was first openly saide by Iohn Portuensis the Popes Legate before the Patriarche and Princes at Constantinople in the temple of S. Sophy After the decease of Alfride king of Northumberlande from whom he was digressed succeeded his sonne Osredus raigning xj yeares After whome raigned Kenredus 2. yeares And next Osricus after him .xj. yeares In the time and raigne of these 4. kings of Northumberland king Iua reigned in westsaxe who succeding after Cadwalder the last king of the Britaines began his reigne about the yeare of the Lorde 689. and raigned with great valiauntnes ouer the westsaxons the tearme of xxxvij yeares Concerning whose actes and wars mayntayned against the Kentish saxons and other kinges because I haue not to entermedie withal I referre the reader to other Chroniclers About the sixt yeare of the raigne of this Iua or Iue Polychronicon other make mentioÌn of one Cuthlacus whoÌ they call S. Cuthlake a confessour who about the 24. of hys age renouncing the pompe of the world professed himself a Monke in the abby of Repindon and the third yeare after went to Crowlande where he led the life of an Anker In the which Ile and place of his buriyng was builded a faire Abbey called afterward for the great resort and gentle entertainment of straungers Crowlande the courteous but why this Cuthlake should be saincted for his doinges I see no great cause as neither doe I thinke the fabulous miracles reported of him to be true as where the vulgare people are made to beleeue that he enclosed the deuill in a boyling pot and caused wicked spirits to erecte vp houses with such other fables and lying miracles c. Among which lying miracles also maye be reckened that which the stories mention in the xi yeare of the raigne of Iua to be done of one Brithwalde or Drithelmus who âeing dead a long season was restored to lyfe againe told many wonders of straunge things that he had seene causing thereby great almes deedes of charitie to bee done of the people And so the disposing of his goods giuen in iij. partes went to the Abbey of Mailroos where he continued the rest of his life Moreouer about the xvj yeare of the saide Iua Etheldred king of Mercia after he had their raigned 30. yeares was made a Monke and after an Abbot of Bacducy And about the xviij yeare of the raigne of Iue died the worthy and learned bishop Aldelmus first Abbot of Malmesbery afterward bishop of Schirborn of whoÌ William Malmesbery writeth plenteously with great commendation and that not vnworthelye as I suppose especially for the notable praise of learning and vertue in him aboue the rest of that time nexte after Bede as the great number of bookes and Epistles and Poemes by him set forth will declare Although concerning the miracles which the sayd author ascribeth to him as first in causing an infant of ix daies old to speak at Rome to cleare pope Sergius which was then suspected the father of the said child Also in hanging his cauiule vpoÌ the
cuppe vnto the king chanced in the middle of the floure to stumble with one foote helping and recouering himselfe with the other saying in these wordes Thus one brother as ye see helpeth an other These wordes being thus spokeÌ in the hearing of the king so moued his mind that forthwith he commaunded the false accuser of his brother to be had out to execution Whose iust recompence I would wish to be a warning to all men what it is to sowe discorde betwixt brother and brother King Ethelstane besides his vij yeares lamentation for this acte builded the two Monasteries of Midletone and of Michelenes for hys brothers sake or as the stories say for his soule Whereby it may appeare what was the cause most speciall in those daies of building monasteries to wit for releasing the sinnes both of them departed and them aliue which cause howe it standeth wyth the grace and veritie of Christes Gospell and of his passion let the Christen reader trie examine with himselfe This cruell fact of the king towarde Edwyne caused him afterwarde to be more tender and careful toward his other brethren and sisters left in his handes vnmarried Which sisters as is partly in the Chapter before declared he richly bestowed in great mariages As one to the king of NorthumberlaÌd Sithericus an other he gaue to Lewes King of Aquitania the thirde to Henricus Duke of Almaine for hys sonne Otho who was the first Emperour of the Germanes Whereby it is to be vnderstand that the Empire at this time began first to be translated from Fraunce where it remained about C. yeares and halfe vnto Germanie where it hath euer since continued The fourth of his sisters being a virgine of singulare benty Hugo the French king required to be geuen vnto him sending to King Ethelstane pretious and sumptuous presents such as were not before seene in England Among the which presents gifts besides the rare odours of sondry fauours fine spices and besides the precious costly gemmes namely of Smaradges of most redoleÌt grene besides also many and great coursers and palfries richly trapped especially of one iewell as wryters make inention which was a certaine vessell finely and subtilly made of the precious stone Onichinus so radiantly wrought that in it appeared the liuely corn growing and mens images walking c. Ouer and besides was sent also the sworde of Constantine the great with the name of the possessor wrytten in golden letters where in the hast of the same al beateÌ in gold was one of the yron nailes wherwith our Sauiour on the crosse was nailed Of the veritie whereof I am not disposed at thys present muche to say what I suspect but that this in the Ecclesiasticall storie of Eusebius is euideÌt That two of the foresaid nailes of Christ was speÌt on the bridle of Constantine the 3. he cast into the Sea in a raging tempest Wherfore if Christ were nailed with 4. nailes perhappes this naile might be one If he were nailed but with iij. I see not how this storie can stand with other stories neither howe this fourth naile can stand with truthe Among the rest moreouer was the speare as is reported wherwith the side of our Sauiour was opened which also the sayd ConstaÌtine was woÌt to cary in the field against his enemies with a portion likewise of the holy crosse inclosed in Cristall Also a part of the crowne of thorne in like maner inclosed c. Of the whych Reliques part was geuen to Winchester part to the Church of Malmesbury where king Ethelstane was buried As this King was indued and enlarged by the gift of God the serter vp disposer of all kings with great victories of worldly renowne hauing vnder hys subiection both the Scottes and Britons and the whole Monarchie of the land So he deuised diuers good and holesom lawes for the gouernment of the same as wel concerning the state of the orders Ecclesiasticall as also of the secular or lay people Whereby it is to be vnderstaÌd that the vsurped power of the bishop of Rome did not then extend it selfe so largely nor so proudly to derogate froÌ the authority of kings princes but that euery one in his owne dominion had vnder God and not vnder the Pope the doing of all matters within the same his dominion contained whether they were causes teÌporal or spiritual As by the decrees and constitutions of this king also of other as well before him as after him may euidently be testified as where hee among other lawes thus ordeineth âouching the bishop in wordes as folowe Episcopo iure pertinet omnem rectitudinem promouere Dei videlicet ac seculi In primis debet omnem ordinatum instruere quid ei âit agendum iure quid hominibus secularibus iudicare debeant Debet etiam sedulò pacem concordiam operari cum seculi iudicibus qui rectum velle diligunt in compellationum allegationem edocere ne quis alij perperam agat in iureiurando vel ordalio Nec pati debet aliquam circumuentionem iniustae mensurae vel iniusti ponderis Sed conuenit vt per consilium testimoniuÌ eius omne legis rectum burgi mensura omne pondus sit secundum ditionem eius institutum valde rectuÌ ne quis proximum suum seducat pro quo decidat in peccatum Et semper debet Christianis prouidere contra omnia quae praedicta sunt ideo debet se de pluribus intromittere vt sciat quomodo grex agat quem ad Dei manum custodire suscepit ne diabolus cum dilaniet nec malum aliquod superseminet Nunquam enim erit populo benè consultum nec dignè Deo conuersabitur vbi lucrum impium magis falsum diligitur Ideo debent omnes amici Dei quod iniquum est eneruare quod iustum est eleuare nec pati vt propter falsum pecuniae questum homines se forisfaciant erga verè sapientem Deum cui displicet omnis iniustitia Christianis autem omnibus necessarium est vt rectum diligant iniqua condemnent faltem sacris ordinibus euecti iustum semper erigant praua deponant Hinc debent Episcopi cum iudicibus iudicia dictitare interesse ne permittant si possint vt illinc aliqua prauitatuÌ gramina pullulent Et sacerdotibus pertinet in suo Dioecesi vt ad rectum sedulò quemcumque muent nec patiantur si possint vt Christianus aliquis alij noceat non potens impotenti non summus infirmo non praelatis subditis non Dominus hominibus suis seruis aut liberis Et secundum ditionem per mensuram suam conuenit per rectum vt necessaria serui operentur super omnem scyram cui praeest Et rectum est vt non sit aliqua mensurabilis virga longioâ quà m alia sed per
was so sodenly discharged of the Chancellorship which he had borne fiue yeares In the 44. yeare of hys age on the Saterday in the Whitson-weeke he was made priest and the next day consecrated Byshop As touching the priesthoode of this man I finde the histories to vary in theÌselues for if he were beneficed and chaplaine to Theobald afterward archdeacon as some say it is no other like but that he was priest before not as our most English storyes say made priest in one day and archbishop the next But howsoeuer this matter passeth here is in the meane tyme to be seene what great benefites the K. had done for him and what great loue had bene betweene them both Now after that Becket was thus promoted what variaunce and discord happened betweene them remayneth to be shewed The causes of which variaunce were diuers and sondry As first when according to the custome the Kinges officers gathered of euery one hyde mony through the Realme for the defence of their owne country the Kyng would haue taken it to hys cofers But the Byshop sayd that which euery man gaue willingly he should not coâât as his proper rent An other cause was that where a Priest was accused of murther and the kinges officers and the friendes of the dead accused the priest earnestly afore the bishop of Salisbury his Diocesan to whoÌ he was sent desiring iustice to be done on him the priest was put to his purgation But when he was not able to defend himselfe the Byshop sent to the archbishop to aske what he should do The Archb. commaunded he should be depriued of all ecclesiastical benefices shut vp in an abbey to doe perpetuall penance After the same sort were diuers other handled for like causes but none put to death nor lost ioynt nor burned in the hand or the like payne The third cause was that where a Chanon of Bruis did reuile the kinges iustices the king was offended with the whole clergy For these and such lyke the Archbishop to pacifie the kinges anger commaunded the Chanon to be whipped depriued of his benefices for certain yeares But the king was not content with this gentic punishement because it rather increased their boldnes and therfore he called the Archbishop bishops and all the clergy to assemble at Westminster WheÌ they were assembled together the king earnestly commaunded that suche wicked Clerkes should haue no priuilege of their Clergy but he deliuered to the Iaylers because they passed so little of the spiriturll correction and this he sayd also their own Canons and lawes had decreed The Archbishop counsailing w e his bishops and learned men answered probably and in the end he desired hartely the kinges gentlenes so the quietnes of himselfe and his realme that vnder Christ our new king and vnder the new law of Christ he would bring in no new kind of punishment into his Realm vpon the new chosen people of the Lord agaynst the old decrecs of the holy fathers And oft he sayd that he neyther ought nor could suffer it The king moued therwith and not without cause alledgeth agayne and exacteth the olde lawes and customes of his grandfather obserued and agreed vpoÌ by archbishops bishops prelates other priuileged persons inquiring likewise of hym whether hee would agree to the same or els now in his raigne would condeÌne that which in the raigne of his grauÌdfather was well allowed To which lawes customes the said Thomas did partly graunt and partly not graunt The copy of the which foresayd lawes are contayned in the number of xxviii or xxix whereof I thought here to recite certain not vnworthy to be knowne The copy of the old lawes and customes wherunto Thomas Becket did graunt 1. That no order should be geuen to husbande mennes children and bondmens ChildreÌ without the assent or testimoniall of them which be the Lordes of the country where they were borne and brought vp if their sonnes become Clerkes they shall not receaue the order of priesthoode without licence of their Lordes 2. And if a man of holy Churche hold any lay fee in hys hand he shall do therefore the king the seruice that belonlongeth therto as vpon iuries assise of landes and iudgementes sauing onely at execution doing of death 3. If any man were the kinges traytour and had taken the Church that it should be lawfull to the king and hys officers to take him out 4. Also if any felons goods were brought to holy church that there should none such keepe there for euery fellons goodes bene the kinges 5. That no land should be geuen to the Church or to any house of religion without the kinges license These articles folowing Thomas agreed not vnto 1. IF that betweene a clerke and a lay man were anye striuing for Church goodes they would the ple should he done in the kinges court 2. That there should neyther bishop nor clerke go out of the land without the kinges licence And then hee shoulde sweare vpon a booke he should procure no hurt agaynst the king nor none of his 3. If any man were denounced accursed and were come agayn to amendment the king would not that he should be sworne but onely finde sureties to stand to that the holy Church should award 4. The fourth that no man that held of the king in chiefe or in seruice should be accursed without the kings licence 5. That all the Bishopprickes Abbayes that were vacant should be in the kings handes vntill suche time that he should chuse a prelate thereto and he should be chosen out of the kinges chappels and first before he were confirmed he should doe his homage to the king 6. If any ple were to consistory brought they should appeale from thence to the archdeacon and from thence to the Byshops court and from the Byshops court to the archbyshops and from thence to the king and no further So that in conclusion the complayntes of holy Church must come before the king and not the pope 7. That all debtes that were owing through trouthplyght should not be pleaded in spiritual but in temporal Court 8. That the Peter pence which to the Pope were gathered should be taken to the king 9. If any clerke for felony were taken and so proued he should be first disgraded and then through iudgement to be hanged or if he were a traytour to be drawne Other lawes and constitutions made at Claredoun in Normandy and sent to England wherunto Becket and the Pope would not agree He being then fled out of the Realme 1. IF any person shall be found to bring from the Pope or from the Archbish. of Canterb any writing conteining any indicte or cursse agaynst the realme of England the same man to be apprehended without delay for a traytour and execution to be done vpon the same 2. That no monke nor any Clerke shall be permitted to passe ouer into England without a passport
the byshop of Salisbury and of Norwiche who for old matters indangered to the king long before came weeping lameÌting to the archbishop desiring him to haue some coÌpassion of them to remit this pertinacy to the king left if he so continued through his stoutnes to exasperate the kinges displeasure happely it might redound to no small daunger not onely of theÌ which were in ieoperdy already but also of himselfe to be imprisoned and the whole Clergy to be indaungered Besides these two byshops there wet to hym other two noble pieres of the realme labouring w e him to relent condiscend to the kings desire If not they should be inforced to vse violence as neither would stand with the kinges fame and much lesse with his quietnes But yet the stout stomack of the maÌ would not geue ouer After this came to him ij rulers of the temple called Templars one Richard de Hast an other Costans de Heuerio with their company lamenting bewayling their great peril which they declared vnto him to hang ouer his head yet neyther with their teares nor with their kneelinges would he be remoued At length came the last message from the kyng signifying vnto him with expresse wordes and also with teares what he should trust to if he woulde not geue ouer to the kinges request By reason of which message he either terrified or els perswaded was content to submit hymselfe Whereupon the king incontinent assembling the states together the Archbishop first before all other beginneth to promise to the king obedience and submission vnto his custome and that Cum Bona fide leauing out of hys former addition Saluo ordine mentioned before in steede whereof he promised in Verbo veritatis to obserue and keep the kings customes and sweare to the same After him the other Byshoppes likewise gaue the like othe Whereupon the king commaunded incontinent certayne instruments obligatory to be drawne of the which the king should haue one the archbishop of Canterbury an other the Archbishop of Yorke the third requiring also the sayde Archbishop to set hys hand and seale To the whiche the Archbishop although not denying but that he was ready so to do yet desired respite in the matter while that he being but newly come to hys bishoppricke might better peruse with himselfe the foresayd customes and ordinaunces of the king This request as it seemed but reasonable so it was lightly graunted and so the day being well spent they departed for that season and brake vp Alanus one of the iiij writers of the life of this Thomas Becket recordeth that the archbishop in his viage toward Winchester begaÌ greatly to repeÌt that he had done before partly through the instigation of certayne about him but chiefly of hys crossebearer who going before the Archbish. did sharply and earnestly expostulate with him for geuing ouer to the kings request agaynst the priuelege liberties of the Church polluting not onely his fame and conscieÌce but also geuing a pernitious example to them that should come after with many like wordes To make the matter short the Archbishop was so touched vpon the same with such repentaunce that keeping himselfe from al company lamenting with teares with fasting and with muche penaunce macerating and afflicting himself did suspend him selfe from all deuine seruice and would not receaue comfort before that word being sent to hys holy graundfather the pope he shoulde be assoild of him who tenderyng the teares of hys deare chicken directed to him letters agayne by the same messenger which Thomas had sent vp to hym before In whiche letters not onely he assoyled hym from hys trespasse but also with words of great consolation did incourage him to be stout in the quarrel he tooke in hand The copy of which letters consolatory sent from the Pope to Popish Becket here follow vnder written ALexander Byshop c. Your brotherhoode is not ignoraunt that it hath bene aduertised vs how that vpon the occasion of a certayne transgression or excesse of yours you haue determined to cease henceforth from saying of Masse and to abstayne from the consecration of the body and bloud of the Lord. Which thing to doe how daungerous it is especially in such a personage and also what inconuenience may rise thereof I will you aduisedly to consider and discreetly also to ponder Your wisedome ought not to forget what difference there is betwixt them which aduisedly and willingly doe offend and those whiche through ignoraunce and for necessitie sake do offend For as you reade so muche the more greater is wilfull sinne as the same not being voluntary is lesser sinne Therefore if you remember your selfe to haue done any thing that your owne coÌscience doth accuse you of whatsoeuer it be we couÌsell you as a prudent and wyse prelate to acknowledge the same Which thing done the mercifull and pittifull God who hath more respect to the hart of the doer then to the thing done will remit and forgeue you the same according to his accustomed great mercy And we trusting in the merites of the blessed Apostles S. Peter and Paule doe absolue you from the offence committed and by the authoritie Apostolicall we release you vnto your fraternitie counsailing you and commaunding you that henceforth you abstayne not for this cause from the celebration of the Masse Thys letter with other moe after like sort the pope theÌ wrote to him animating and comforting him in this quarrell so neerely pertaining to the popes profite By the occasion whereof Becket toke no small hart and consolation In so much that thereof seemeth to me to proceed al the occasioÌ the made him so stout malipart against his prince as hereafter followeth to be seene by his doynges What the other letters were that the pope wrote vnto hym shortly after when we come to the appellatioÌs made to the pope shall appeare God willing In the meane season as he sat thus mourning at home the king hearing of hym howe be denyed to set hys seale to those sanctions which he condesceded to before tooke no little displeasure against him In so much that he threatning to him and hys banishmeÌt death began to call hym to reconinges and to burden hym with paymentes that all men might vnderstand that the kings minde was sore set agaynst him The Archbishop hereupon whether more for the loue of the pope or dread of hys prince thought to make an escape out of the realme and so weÌt about in the night with two or three with hym stealing out of hys house to take the sea priuely Now amongest other the kinges ordinances and sanctions this was one that none of the prelacy or nobilitie without the kinges licence or of his iustices shoulde depart out of the realme So Becket twise attempted the sea to flee to the see of Rome but the wether not seruing was driueÌ home agayne and hys deuise for that tyme frustrated After his
Robert Earle of Leycester to declare to him what was his iudgement To whom the Archbyshop answereth heare my sonne good Earl what I say vnto you how much more precious the soule is more then the body so much more ought you to obey me in the lord rather then your terrene king Neither doth any law or reason permit the children to iudge or coÌdemne their father Wherfore to auoid both the iudgement of the king of you and all other I put my selfe only to the arbitrement of the Pope vnder God alone to be iudged of him and of no other To whose presence heere before you all I doe appeale committing the ordering of the Church of Cant. my dignitie with all other things appertaining to the same vnder the protection of God and him And as for you my brethren fellow Byshops which rather obey man then god you also I call and cite to the audience and iudgement of the pope and depart hence foorth from you as from the ennemies of the Catholike Church and of the authoritie of Apostolike see While the Barons returned with this aunswere to the king the Archbishop passing through the throng taketh to him his Palfrey holding his Crosse in one hande and his bridle in the other the courtiers following after and crying traytor traytor tary heare thy iudgement But he passed on till he came to the vttermost gate of the Courte which being fast locked there had ben staid had not one of his seruants called Peter surnamed Demunctorio finding ther a bunche of keyes hanging by first prooued one key then an other till at last finding the true key had opened the gate and let him out The archbishop went straight to the house of Chanons where hee did lie calling vnto hym the poore where they could be found When supper was done making as though he would go to bed which he caused to be made betwixt two altares priuely while the king was at supper prepareth his iorny secretly to escape away and chaunging his garment and his name being called Derman first went to Lincolne from thence to Sandwiche where he tooke ship and sailed into Flaunders and from thence iourneyed to Fraunce as Houedenus sayth All be it Alanus differing something in the order of his flight sayth that he departed not that night but at supper time came to him the bishop of London Chichester declaring to him that if he would surrender vp to the king his two maners of Oxforde wyngecham there were hope to recouer the kings fauour to haue all remitted But when the Archbishop would not agree therunto forasmuch as those maners were belonging to the Churche of Canterburie the king hearing thereof great displeasure was taken In so much that the next day Becket was faine to sende to the king two bishops and his chaplein for leaue to depart the realme To the which message the king answered that he would take a pause therof til the next day then he should haue an answere But Becket not tarying his answere the same day conueied himselfe away secretely as is aforesayde to Ludouicus the French king But before he came to the king Gilbert the bishop of London William the earle of Arundel sent froÌ the king of England to Fraunce preuented him requiring of the said French king in the behalf of the king of England that he would not receiue nor retaine in his dominion the archb of Canterbury Moreouer that at his instance he wold be a meanes to the pope not to shewe any familiaritie vnto him But the King of England in this point semed to haue more confidence in the French king then knowledge of his disposition For thinking that the French king would haue bene a good neighbour to him in trusting him to much he was deceiued Neither considered he w e himselfe inough the maner nature of the Frenchmen at that tyme agaynst the realme of England who then were glad to seeke and take all maner of occasions to doe some act agaynst England And therefore Ludouicke the French king vnderstanding the matter thinking percase therby to haue some vauntage against the king and realme of England by the occasion hereof contrary to the kings letters and request not onely harboreth and cherisheth this Derman but also writing to the pope by his Almener and brother entreateth him vpon al loues as euer he would haue his fauor to tender the cause of the Archbishop Becket Thus the kinges Ambassadours repulsed of the French king returned at what tyme he sent an other ambassage vpoÌ the like cause to Alexander the pope theÌ being at Sene in France The Ambassadours seÌt in this message were Roger archbishop of Yorke Gilbert bishop of London Henry Bish. of Winchester Hilary Bish. of Chichester Bartholomew byshop of Exceter with other doctors clerkes also william Earle of Arundell with certayne moe Lordes Barons Who comming to the popes court were friendly accepted of certayne of the Cardinals amongst the which cardinals rose also dissention about the same cause some iudgyng the Bishop of Canterbury in the defence of the liberties of the Church as in a good cause to be mayntayned Some thinking agayn that he being a perturber of peace and vnitie was rather to be bridled for hys presumption then to be fostered incouraged therein But the P. partly bearing with his cause which onely tended to his exaltation and magnificence partly again incensed with the letters of the French king did wholy incline to Becket as no maruell was Wherfore the next day following the pope sitting in consistory with his Cardinals the ambassadours were called for to the hearing of Beckets matter and first beginneth the bishop of London next the Archbishop of Yorke then Exceter and the other Bishops euery one in their order to speake Whose orations being not well accepted of the Pope and some of them also disdayned the Earle of Arundel perceauing that and somewhat to qualifie and temper the matter to the Popes eares began after this maner ALthough to me it is vnknowen sayth he which am both vnlettered and ignorant what is that these Byshops heere haue sayde neither am I in that toung so able to expresse my minde as they haue done yet being sent and charged thereunto of my Prince neither can nor ought I but to declare as well as I may what the cause is of our sending hether Not truely to contende or striue with any person nor to offer any iniurie or harme vnto any man especially in this place and in the presence here of such a one vnto whose becke and authoritie all the world doth stoupe and yeelde But for this intent is our legacie hether directed to present here before you and in the presence of the whole church of Rome the deuotion and loue of our king and maister which euer he hath had and yet hath still toward you And that the same might the better
excommunicate 12 Theodosius the great Emperour for a fault which seemed not so waighty vnto other Priestes and shut him out of the Church who afterward by condigne satisfaction was absolued There are many other like examples for Dauid when he had committed adulterie and murther the prophet Nathan was sent vnto him by God to reprooue him and he was soone corrected And the king laying aside his scepter and Diademe and setting apart all princely maiestie was not ashamed to humble himselfe before the face of the Prophet to confesse his faulte to require forgeuenes for his offence what wil you more he being stricken with repentance asked mercy and obtained forgeuenes So likewise you most beloued king and reuerend Lord after the example of this good king Dauid of whom it is sayde I haue founde a man after mine owne heart with a contrite and humble heart turne to the Lorde your God and take holde of repentaunce for your transgressions For you are fallen and erred in many things which yet I kepe in store still if peraduenture God shall inspire you to say with the prophet haue mercy on me O god according to thy great mercye for I haue sinned much against thee donâ euil in thy sight Thus much I haue thought good to write to you my deare Lorde at this present passing other things in silence till I may see whether my wordes take place in you and bring foorth fruits in you worthy of repentance and that I may heare and reioyce with them that shall bring me worde and say Oh king thy sonne was dead and is aliue againe was lost and is founde againe But if you will not heare me looke where I was wont before the maiestie of the body of Christ to pray for you in aboundance of teares sighes There in the same place I will crie against you and say Rise vp Lord and iudge my cause forget not the rebukes and iniuries which the king of England doeth to thee and thine forget not the ignominie of thy Church which thou hast builded in thy bloud Reuenge the bloud of thy saintes which is spilt reuenge O Lord the afflictions of thy seruants of whome there is an infinite number For the pride of them which hate persecute thee is gone vp so highe that we are not able to beare them any longer Whatsoeuer your seruant shall do all those things shall be required at your handes for he seemeth to haue done the harme which hath geuen the cause thereof Doubtlesse the sonne of the most highest except you amende and cease from the oppressing of the church and clergie and keepe your hand from troubling of them wil come in the rod of his furie at the voices of such as cry to him and at the sighes of them that be in bands when the time shal come for him to iudge the vnrighteousnesse of men in equitie and seueritie of the holy ghost For he knoweth how to take away the breath of Princes and is terrible among kings of the eartheâ Your deare and louing grace I wish well to fare Thus fare ye well againe and euer ¶ Certaine notes or elenches vpon this Epistle which by the figures you may finde out and their places 1. The scope of this Epistle is this to proue that bishops and priests ought not to come vnder the court and coÌtrolment of temporall power 2. This similitude holdeth not For though the smalnesse of a Citie blemisheth not the prerogatiue of a kingdome yet the euilnes and rebellion of a Citie doth worthely blemish his owne prerogatiue 3. So sayth the Popes decrees Dist. 10. but the Scripture of God importeth otherwise Abiathar the Priest was deposed of king Salomon not for any heresie but for other causes 3. Reg. 1.2 Ionathas tooke his priesthoode of king Alexander And Simon of Demetrius 1. Mach. 7. Christ offered tribute to Cesar for him and for Peter Also Peter sayeth be ye subiect to euery humaine creature and it followeth whether it be to the king as to the chiefe c. Item Pope Leo submitted himselfe to Ludouicus the Emperor with these words And if we do any thing incompetently and do swarue from the path of righteousnes we wil stand to your reformation or of them whom you shall send 2.9.7 Hos. 4. Notwithstanding the saide Constantinus wryting to the bishops coÌgregated at Tyrus first chideth them then commaÌdeth them to resort vnto his presence to haue their cause iudged and decided Trip hist. lib. 3. cap. 7. 5. The father vnder obedience c. If fatherhoode goe by age I suppose that king Henry was elder then Becket If fatherhoode consist in authoritie I iudge the authoritie of a king to be aboue the authoritie of an Archbishop If the see of Canterburie make the fatherhoode yet had Becket no cause to claime fatherhood ouer the king seeing the sonne ordeined the father that is seeing the king made him his Archbishop and not he made him his king 6. By wicked bonds Al is wicked with the Papists that bringeth them in subiection to their Princes 7. Ecclesiasticall matters be suche as properly belong to doctrine and deuine knowledge for the institution of the soule and information of conscience In which both Princes and subiects ought to followe their pastors so long as they go truely before them without error or els not But what maketh this for the lands liberties of churchmen 8. Punishment due to malefactors and rebelles is not to be called persecution but due correction 9. Saule brake the commandement of God and was reiected Ozias coÌtrary to the commandement of God tooke the office of a priest and was striken Oza against the expresse word of the law put his hand toy arke was punished But what expresse word had k. HeÌry why he should not correct and punish rebellious bishoppes and wicked priests within his owne realme wherefore these similitudes accorde not As for Achas he was not so much punished for taking the priests office as for spoyling the temple of the Lord and offering to Idoles 10. Common lawes S. Augustin wryting to Boniface sayeth thus Whosoeuer obeyeth not the lawes of the Emperor being made for the veritie of God procureth to himselfe great punishment For in the time of the prophets all the kings which did not forbidde and subuert all such things as were vsed of the people against the law of God are rebuked And such as did with stand them are commended aboue the rest August 11. Isidorus hath these wordes Let temporal princes know that they must render accoÌpt to God for the church which they haue at the hands of God to gouerne c. 12. The case of Archadius Theodosius Dauid of this king as touching this mater hath no similitude In them was murder This king doeth nothing but claime that which is his due And though by the spiritual sword those kings were resisted yet it argueth not therefore that the persons of them which haue the
thereby to anger whose anger yet notwithstaÌding had bene easily swaged if the other woulde haue submitted himselfe and acknowledged his default But he adding stubburnnesse to his trespasse through the quantitie and greatnesse of his excesse was the author of his owne punishment which nowe by the law ciuill he sustaineth and yet shameth to craue pardone for his desert at the kings hande whose anger he feared not to sturre vp in such a troublesome time of the persecution of the Church greatly against the profite of the same augmenting increasing therby the persecution which now the Church lieth vnder Much better it had bene for him to haue tempered himself with the bridle of moderation in the high estate of his dignitie least in exceeding too farre in straining the straite poyntes of things by ouer much presumption peraduenture through his presumption being not in meane and tollerable things might fall from higher And if the detriments of the Church woulde not moue him yet the greât benefits and preforments of riches and honours ought to perswade him not to be so stubburn against the king But here peradueÌture his friend and our aduersary wil obiect that his bearing and submitting to the king in this behalfe were preiudiciall against the authority and sea Apostolical as though he did not or might not vnderstand that although the dignity of the Church should suffer a little detriment in that iudgement yet he might ought to haue dissimuled for the time to obtaine peace into the Church He will obiect againe alleaging the name of father that it soundeth like a poynt of arrogancie for children to procede in iudgement of coÌdemnation against the father which thing is not conuenient But he must vnderstand againe that it was necessary that the obedience and humilitie of the children shoulde temper the pride of the father least afterwarde the hatred of the father might redounde vpon the children Wherefore of these promises your fatherhoode may vnderstand that the action of this our aduersary ought to fall downe as void and of none effect who only vpon the affection of malice hath proceeded thus against vs hauing no iust cause nor reason to ground vpon And forsomuch as the care and charge of all churches as yeâ knowe lieth vpon vs it standeth vs vpon to prouide concerning the state of the Churche of Canterbury by our diligence and circumspection so that the sayd Church of Canterbury through the excesse of his pastor be not driuen to ruine or decay By this Epistle it may appeare to the Reader therof that Becket being absent from Englande went about to worke some trouble against certaine of the Clergy and of the laitie belike in excommunicating such as he tooke to be his euill willers Now to vnderstand further what his working was or who they were whom he did excommunicate this letter sent to William Bishop of Norwitch shall better declare the matter A letter of Becket to the B. of Norwitch HE bindeth himselfe to the penalty of the crime whosoeuer receiuing power and authoritie of God vseth and exerciseth not the same with due seueritie in punishing vice but wincking diâsimuling doth minister boldnesse to wicked doers maintaining them in their sinne For the bloud of the wicked is required at the hand of the Priest which is negligent or dissembleth And as the Scripture sayth thornes and brambles grow in the handes of the idle dronkard Wherfore least through our too much sufferance and dissembling the transgressions of manifest euil doers should also be laid to our charge and redound to the destruction of the Church through our giltie silence We therfore following the authoritie of the Popes commaundement haue laid our sentence of curse excommunication vpon the Earle Hugo commaunding you throughout all your Diocesse publickely to denounce the sayde Earle as accursed so that according to the discipline of the Church he be sequestred from the fellowship of all faithfull people Also it is not vnknowen to your brotherhoode how long we haue borne with the transgressions of the Bishop of London Who amongest other his factes I would to God were not a great doer and fautor of this schisme and subuerter of the right and liberties of holy Church Wherefore we being supported with the authoritie of the Apostolicke sea haue also excommunicated him besides also the Bishop of Salesbury because of his disobedience and contempt and others likewise vpon diuers and sundrie causes whose names here followe subscribed Hugo Bernardes sonne Radolph of Brocke Robert of Brocke a clearke Hugode of S Cleare and Letardus a clearke of Northfolke Nigellus of Scacauil and Richard Chapleine William of Hasting and the Frier which possesseth my Church of Monchote We therfore charge and commaunde you by the authoritie Apostolicall and ours and in the vertue of obedience and in the perill of saluation and of your order that yee cause these openly to be proclaimed excommunicate throughout all your Diocesse and to command all the faithful to auoide their companie Fare ye wel in the Lord. Let not your heart be troubled nor feare for we stande sure thorough the assistance of the Apostolike sea God being oure borowe against the pretensed shiftes of the malignant sorte and against all their appellations Furthermore all such as haue bene solemnely cited of vs shall sustaine the like sentence of excommunication if God will in the Ascension day vnlesse they shall otherwise agree with me That is to witte Geffray Archdeacon of Canterburie and Robert his vicare Rice of Wilcester Richard of Lucie William Gifferd Adam of Cheringes with suche other moe which eyther at the commaundement of the king or vppon their own proper temeritie haue inuaded the goods and possessions either appertaining to vs or to our clearkes about vs. With these also we doe excommunicate all suche as be knowen eyther with aide or counsel to haue incensed or set forward the proceeding of our king against the liberties of the Churche and exiling of the innocents And such also as be knowen to Impeche or let by any maner of way the messengers sent either from the Pope or from vs for the necessities of the Churche Fare you well againe and euer Hetherto hast thou seene gentle reader diuers sundry letters of Thomas Becket whereby thou maist collect a sufficient historie of his doings demeanor though nothing els were said further of him concerning his lusty and hauty stomack aboue that beseemed either his degree or cause which he tooke in hand And here peraduenture I may seme in the story of this one man to tary tâo long hauing to write of so many others better then it yet for the weaker sort which haue couÌted him and yet do count him for a Saint hauing in themselues little vnderstanding to iudge or discerne in the causes of men I thought to adde this letter more wherein he complaineth of his king to a forreine power doing what in him did lie to stirre for
Lord and to reforme the same and not only to reforme and amend his fault but also to satisfy it to the vttermost if the law shall so require him Wherfore seing he is so willing to recoÌpeÌce satisfy the iudgemeÌt of the church in al things appertaining to the church refusing no order that shal be takeÌ but in al thiÌgs submitting his neck to the yoke of Christ with what right by what canon or reason can you interdict him or vse excommunication against him It is a thing laudable a vertue of great coÌmendation in wise men wisely to goe with iudgement and reason and not to be caried with puffes of hasty violence Whereupon this is the onely and common petition of vs all that your fatherly care will diligently prouide for your flocke and sheepe committed to you so that they miscary not or runne to any ruine through any inconsiderate or to much heady counsell in you but rather through your softnes and sufferance they may obtayne life peace and security It doth moue vs all that we heare of late to be done by you agaynst the Byshop of Salisbury the Deane of the same church prosperously as some men suppose against whom you haue geuen out the sentence of excommunication and condemnation before any question of their crime was following therein as seemeth more the heat of hastynesse then the path of righteousnesse This is a new order of iudgement vnheard of yet to this day in our lawes and canons first to condemne a man and then to enquire after of the fact committed Which order least ye should hereafter attempt to exercise in like maner agaynst our soueraigne and king or agaynst vs and our Churches and Parishes committed to vs to the detriment of the Pope and the holy church of Rome and to the no little confusion of vs all therefore we lay here agaynst you for our selues the remedy of appellation And as before openly in the publicke face of the Church with liuely voyce we appealed to the Pope for feare of certayne perils that might haue happened So now agayn in writing we appeale to the same assigning the terme of our appellation the day of the Lordes Ascention Most humbly and reuerently beseching your goodnesse that you taking a better way with you in this matter will let your cause fall sparing herein both the labours and charges as well of your selfe as ours also And thus we wish you right well to fare reuerend in the Lord. The rescript or aunswere agayne of Thomas Becket to all his suffraganes not obeying but confuting their counsayle sent FRaternitatis Gestra scriptum quod tamen prudentia Gestra coÌmuni consilio non facilè credimus emanasse nuper ex insperatâ suscepimus c. Your brotherly letters sent albeit not by the whole assent of your wisedomes written as I suppose of late I receiued vpon a sodayne the contentes whereof seeme to contayne more sharpenesse then solace And would to God they proceeded more of sincere zeale of godliness or affection of charity then of disobedience or froward wilfulnesse For charity seketh not the thinges that be his owne but which appertayne to Iesus Christ. It had bene your duety if there be truth in the Gospel as most vndoubtedly there is and if you would faythfully haue accomplished his busines whose person you represent rather to haue feared him which can cast both body and soule to hell then him whose power extendeth no further then to the body rather to haue obeyed God then man rather your Father then your Maister or Lord after the example of him who was to his Father obedient vnto the death Which dyed for vs leauing vs example to follow hys steps Let vs dye therefore with him and lay downe our liues for the deliueraunce of his Church out of the yoke of bondage and tribulation of the oppressor which Church he hath founded and whose libertye he hath procured with his owne proper bloud Least if we shall do otherwise it may happely fall vpon vs whiche is written in the Gospell Who so loueth his owne life more then me is not worthy of me This ye ought to know that if it be right which your captayne commaundeth your duety requireth to obey his will if not ye ought then rather to obey God then men One thing I will say if I may be so bolde to tell it vnto you I haue now suffered and abstayned a long space wayting if the Lord had geuen you to take a better hart vnto you which haue turned away cowardly your backes in the day of battayle or if any of you would haue returned againe to stand like a wall for the house of Israel at least if he had but shewed himselfe in the field making but the countenaunce of a warrier agaynst them which cease not dayly to infest the Lambe of God I wayted and none came I suffered and none rose vp I held my peace none would speake I dissembled and none would stand with me in like semblance Wherefore seing I see no better towardnesse in you thys remayneth onely to enter action of complaynt agaynst you and to cry agaynst mine enemies Rise vp O Lord and iudge my cause reuenge the bloud of the church which is wasted and oppressed The pride of them which hate his libertye riseth vp euer neyther is there any that doth good no not one Woulde God brethren beloued there were in you any minde or affection to defend the libertye of the Churche for she is builded vpon a sure rocke that although she be shaken yet she can not be ouerthrowne And why then seek ye to confouÌd me Nay rather your selues in me then me in you A man which hath taken vpon me all the peril haue sustained all the rebukes haue sustained all the iniuries haue suffered also for you all to the very banishment And so it was expedient one to suffer for that Church that thereby it might be released out of seruitude These thinges discusse you simply with your selues and weigh the matter Attend I say dilligently in your mindes for your partes that God for his part remouing from your eies all maiesty of rule and impery as he is no accepter of persons may take from your hartes the veile that ye may vnderstand and see what ye haue done what ye entend to do and what ye ought to do Tell me which of you all can say I haue taken from him since the time of my promotion either Oxe or Asse if I haue defrauded him of any peny If I haue misiudged the cause of any man wroÌgfully Or if by the detrimeÌt of any person I haue sought my owne gaine let him complayn I will restore him fourefolde And if I haue not offeÌded you what then is the cause that ye thus leaue and forsake me in the cause of God Why bend ye so your selues agaynst me in such a cause that there is none more speciall belonging to the
former rescript of Becket to his Suffraganes in the page before with a generall resolution of the reasons therein contained If the king of England had bene an idolater couetous an adulterer an incest a murderer with such like than the zeale of this Archbishop threatning the king and such as tooke his part had deserued praise in this Epistle the scripture would haue borne him out therein For these and suche causes should byshops prosecute the authoritie of the Gospell against all persones But the matter standing onely vpon Church goods libertie or rather licentiousnes of Priests making of Deanes titles of Churches superioritie of crowning the king with such other to stand so stiffe in these is not to defend the church but to rebel against the king Againe if the principles which hee heere groundeth vpon were true to witte that the Pope were to be obeied before Princes that the liberty of Church standeth vpon the immunitie of priests exempted from princes lawes or vpon ample possessions of the Churche or that the Popes lawe ought to preuaile in all forreine countreis and to binde all princes in their owne dominions or that the sentence of the Pope his Popelings how or by what affection so euer it is pronounced may stande by the vndoubted sentence of God Then all the arguments of this Epistle doe proceede and conclude wel But if they stand not ratified vpon gods worde but tottering vpon mans traditions Then whatsoeuer he inferreth or concludeth thereupon his assumpt being false can not be true according to the schoole saying One inconuenience being graunted in the beginning innumerable follow thereupon So in this Epistle it happeneth as is aboue noted that the Maior of this man is true but the Minor is cleane false and to be denied ¶ The letter of Matild the Empresse and mother of the king To Thomas Becket MY Lord the Pope commanded me and vpon the forgeuenes of my sinnes inioyned me that I should be a mediatour and meanes of peace and concorde betweene my sonne and you by reconciling of your selfe to him wherunto as you know ye requested me Wherefore the earnester and with more affection as well for the diuine honour as for holy Church I tooke the enterprise vpon me But this by the way I assure you that the king his Barons and counsell taketh it grieuously that you whome he entirely loued honored and made chiefest in al his Realme to the intent to haue more comfort and better trust in you should thus as the report is rebell and stirre his people against him Yea and further that asmuch as in you lieth you went about to disherite him and depriue him of his crowne Vpon the occasion whereof I sent vnto you our trustie and familiar seruant Laurence Archdeacon by whome I pray you that I may vnderstand your minde herein and good wil towarde my sonne and howe you meane to behaue your selfe if my prayer and petition may be heard of him in your behalfe toward his grace But this one thing I assure you off that vnlesse it be through your great humilitie and moderation euidently in you appearing you can not obtaine the fauour of the king Heerein what you meane to do I pray you sende me word by your proper letters and messengers But to proceede farther in the order of the historie After these letters sent to froe the yeare of our Lorde 1169 which was the 15. of the raigne of Henry the 2. The King misdoubting and fearing wyth himselfe that the Archbyshop would proceede or exceede rather in his excommunication against his owne person to preuent yâ mischiefe made his appeale to the presence of the pope requiring to haue certaine Legates sent downe from Rome from the popes side to take vp the matter betwene the Archbishop and him requiring moreouer that they might also be absolued that were interdicted whereupon two Cardinals being sent from Alexander the Pope with letters to the King came into Normandie where they appoynted the Archb. to meete them before the King vpon S. Martines day But the Archb. neither agreeing wyth the day nor place delaied his comming to the viâj day after neyther would any further go then to Brisorlium Where the two Cardinals and the Archb. with other bishops conuenting together had a certaine intreatie of peace and reconciliation but came to no conclusion The coÌtents of which intreatie or action because it is sufficiently contained in the Cardinals letters who were called Bulieânus Otho written to the pope it shal require no further labour but to shew out the wordes of the letter where the summe of the whole may appeare The wordes of the letter be these ¶ The copie of the Epistle written and sent by two Cardinals to the Pope concerning the matter of the Archbishop Becket WIlliam Otho Cardinals of the Church of Rome to Alexander the Pope c. CoÌming to the land of the K. of EnglaÌd we founde the controuersie betwixt him and the Archb. of Canterburie more sharpe and vehement then we would For the king and the greater part of them about him said that the Archbyshop had stirred vp the French king grieuously against him And also the Earle of FlaÌders his kinsman who bare no displeasure to him before he made his open aduersary ready to warre against him as is by diuers euidences most certaine Thus when we came to Cadomus first to the kings speach we gaue the letters of your fatherhode to his hands which after that he had receiued and considered bringing foorth withall other letters receiued from you before something diuers and altering from these which he receiued of vs was moued stirred with no litle indignation saying that the Archbishop after our departure from you had receiued of you other contrary letters by the vertue whereof he was exempted from our iudgement so that he should not be compelled to aunswere vs. Moreouer the said king to vs added and affirmed and so did the bishops there present testifying the same that coÌcerning the old and ancient customes of his progenitors wherof complaint was made to you al that for the most part was false vntrue which was intimate to you Offering farther to vs that if there were any such customes or lawes in his time that seemed preiudicial or disagreeable to the statutes of the Church he wold willingly be content to reuoke and disanul the same Whereupon we with other Archbishops Bishops Abbotes of the land hearing the king so reasonable laboured by al meanes we might that the king should not vtterly breake from vs but rather should incline to vs to haue the matter brought before vs betwixt him the forenamed Archbishop By reason whereof we directed out our own Chapleins with letters vnto him appoynting him both time and place where safely hee might meete with vs in the feast of S. Martin Neuerthelesse he pretending certaine excuses made his dilatories driuing of the time from the day
and ordained the king with 400. great shippes taketh hys iourney to Irelande where he subdued in short tyme the whole land vnto hym which at that tyme was gouerned vnder diuers kings to the number of v. Of whome foure submitted themselues vnto the sayd kyng Henry onely the fifth who was the kyng of Ionacta denyed to be subdued keeping him in woodes and Marishes In the meane season while the king was thus occupied in Ireland the two Cardinals that were sent from the Pope Thedinus and Albertus were come to NormaÌdy Unto whom the king the next yeare following resorted about the month of October an 1172. But before during the time of the kinges being in Ireland the Bish. of London and Ioceline v. of Salisbury had sent to Rome and procured their absolution from the pope The K. returning out of Ireland by Wales into England from thence to Normandy there made his purgation before the Popes legates as touching the death of the foresayd Becket to the which he sware he was neither ayding or consenting but onely that he spoke rigorous wordes against hym for that his knightes would not auenge him against the sayd Thomas For the which cause this penaunce was ouioyned him vnder his othe First that he should send so much to the holy lande as would find two C. knightes or souldiours for the defence of that land Also that froÌ Christmas day next folowing he should set forth hys owne person to light for the holy land that space of 3. yeares together vnlesse he should be otherwise dispesed withall by the Pope Item that if he would make hys iorney into Spaine as hys present necessitie did require there he to fight agaynst the Saracens And as long tyme as he shuld there abide so long space might he take in prolonging his iorney toward Ierusalem Item yâ hee should not hinder nor cause to be hindred by hym any appellations made to the Pope of Rome Item that neyther he nor hys sonne should depart or disseuer from pope Alexander or from his catholicke successors so long as they should recount him or his sonne for kinges catholike Item that the goodes and possessions taken from the Church of Caunterbury should be restored agayne fully and amply as they stode the yeare before Thom. Becket departed the realme and that free libertie should be grauÌto all such as were outlawed for Beckets cause to returne agayne Item that the foresayd customes decrees by him established against the Church should be extinct and repelled such onely except that concerned his own person c besides other secret fastinges and almes enioyned hym All these former conditions the king with his sonne did both agree vnto debasing himselfe in such sorte of submission before the two Cardinals by the occasion wherof the Cardinall took no little glory vsing thys verse of the Psalme Qui respicit terram facit eam tremere qui tangit montes fumigant That is which looketh vpon the earth and maketh it to tremble which toucheth the hilles and they smoke c. Moreouer it is meÌtioned in histories of the sayd king that a little after William king of Scots with hys army had made a rode into the realme he returning out of Normandy into England came first to Caunterbury who by the way so soone as he came to the sight of Beckets church lighting of his horse and putting of hys shoes went barefoote to his tombe whose steppes were found bloudy through the roughnes of the stones And not onely that but also receaued further penance by euery moÌke of the cloyster certayn discipline of a rod. By whiche so great deiection of the K. if it were true thou mayest see the blind and lamentable superstition and ignorance of those daies If it were pretensed as might so be in tyme of warre to get the hartes of the people yet mayest thou learned Reader see what slauery kinges and Princes were brought into at that tyme vnder the popes Clergy The same yeare as Houeden writeth which was 1174. the whole citty of Caunterbury was almost al consumed with fire and the sayd minster Church cleane burnt The next yeare insuing which was 1175. a conuocation of Bishops was holden at Westminster by Rich. archbishop of Cant. In which conuenticle all the byshops Abbots of the prouince of Canterbury and of Yorke being present determined as it had done a little before in king Henry 1 dayes an 1113. about the obedience that Yorke should doe to Caunterbury That is whether the Archb. of Yorke might beare hys Crosse in the diocesse of Cant. or not whereof something was touched before in the former processe of this history Also about the Bishopricke of Lincolne of Chichister of Worcester of Herford whether these churches were vnder the iurisdiction of the see of Yorke or not c. Upon these and other like matters rose such controuersie betweene these 2. seas that the one appealed the other to the presence of the Bishop of Rome In these and suche causes like howe much better had it bene if the supremacy had remayned more nere in the kinges handes at home whereby not onely much labour trauell had bene saued but also the great and wasâfull expences bestowed at Rome might with muche more fruite and thanke haue beene conuerted to their cures and flockes committed vnto theÌ and also percase their cause no lesse indifferently heard at least more speedely might haue bene decided but to the purpose again In this coÌtrouersie diuerse of that bishop of Yorks clergy such as were of Gloucester belong to the church of S. Oswald were excoÌmunicate by the Archb. of Cant. because they being sommoned refused to appeare before hym c. At length the same yeare which was 1175. there was a Cardinall sent downe from Rome by the kinges procurement who studyed to set a peace betwene the two archbishops Whereupon this way of agreement was takeÌ by the meanes of the king at Winchester that as touching the church of S. Oswald at Glocester the Archbishop of Canterb. should cease of hys clayme therof molesting the see of Yorke no more therein Also should absolue agayne the Clerkes thereof whom he had excommunicated before And as concerning the bearing of the crosse and all other matters it was referred to the Archbishop of Rhotomage and of other Bishops in Fraunce so that for fiue yeares a league or truce was taken betwixt them till they should haue a full determination of their cause The next yeare following the foresayd king Henry the 2. deuiding the realme of England into 6. partes ordeyned vpon ouery part 3. Iustices of assise The circuit or limitation of which Iustices was thus disposed The first vpon Northfolke Suffolke Cantebridshire HuntenduÌshire Bedfordshyre Buckinghamshire Essex Hertfordshire 2. Vpon Lincolnshire Notinghamshire Darbishire Stamfordshyre Warwickshire Northamptonshire Leicestershire 3. Upon Kent Surrey Southamptonshyre Southsaxe Barkeshire Oxfordshire 4.
vpon him vnles he entred by the consent of the Prior Couent of canterbury And all this to be done in the same place where the bishops had made their election before so peraduenture sayd they at the kinges so earnest sute and request they would gratify his will ratify the said election with the voyces of theyr consent To make the story short after great holde betwene the seculare Clergy on the one side the regular order on the other side and after the kinges indignation agaynst the Prior and the swonding of the Prior before the king at length the king to take vp the matter and to saue the Priors life was fayne to performe in hys owne person all these conditions aboue prescribed by the Monkes Ex Geruas fol. 100. And thus haue ye heard the tradgicall election of the bishop of Worcester named Baldwinns made Archbishop of Cant. Now what a troublesome time the sayd Baldwin had with the Monks in gouerning the church of CaÌt. here followeth likewise not vnworthy to be considered The troubles betwene Baldwine Archbishop of Caunterbury and the Monkes of the same Church IN the first yeare the Archbishop shewed himselfe frendly and louing to the Monks the next yere following he began to appeare some what rough vnto them The maner then was of the house of Christes Church toward the time of the Natiuitye and of Easter to receiue certayne presentes or giftes of theyr fermers or tenauntes whiche the cellarer should take lay vp Those presents the archbishop began first to intercept from the Monkes to bestow them vpon his seculare Clerkes After this he tooke three Churches or benefices which the Monkes claymed as proper to themselues and placed in them 3. of his chaplaines After this he encroched to his handes certein tenements reuenewes victuall beloÌging before to the monks as they sayd and committed the custody therof to certayn of his own Clerkes and housholde seruaunts The monkes which had borne so much with the archbishop before seing this could forbeare him no longer but needes would make their appeale against him The archbishop not much regarding that waxed thereby more fierce agaynst them insomuch that such fermes and tenements as he before had let alone now he receiued to his own occupying w many other greuaunces wherwith he greatly vexed the Monkes so that 3. Abbots were fayne to come and reconcile the Archbishop and the Monkes Which reconciliatioÌ was this yâ the Monks should let fall their appeale and the archbishop should restore again to theÌ their fermes and tenementes But as touching the benefices the presentes the archbishop still kept theÌ in his hands for a further triall of their obedience and patience Neuerthelesse some there were of the auncient monkes which in no case would geue ouer the foresayd appeale before the archbishop made a full restitution of all together After this agremeÌt such as it was betwene that Monks and him the archbishop soon after sent vp to Rome one of his chaplaines to whoÌ he had geuen one of the benefices afore meÌtioned partly for coÌfirmatioÌ of his benefice partly also to obtein licence for the archbishop to build a church which he entended to erect of secular Priests neare to the town of Canterbury Which being obteined of the Pope the archbishop not a litle glad thereof began now more more in ware fierce against the monks not only in taking from thou their churches oblations but also in aggrauating the whole state of their house which he entoÌded either to subuert or greatly to diminish to pluck down the pride stubbernes of the Monks Wherfore taking with him certaine other bishops whom he knew bare no good will to that Monkish generatioÌ he weÌt to the king declaring how he had a good purpose in his minde to erect a new a solemne Church in the honor of S. Tho. of Cant. of secular priests or Canons and therfore desired of the king to haue his fauorable licence to the same The king right well perceiuing the purpose of the archbishop whether it tended as to the brideling of the stifnecked monks was the more willing to geue assent if he were not also the chiefe worker of that matter himselfe The intent of the archbishop in planting of that new church was to found there diuers preâends and to make both the king and euery Bishop being his Suffraganes prebendaries therof so that euery one of them should coÌfer one prebendship to the same fouÌdation minding there to consecrate Bishops to make his Chrismatory to celebrate his Sinodes and to administer all other things belonging to the function of his Sea and the same to be called Hakington Church The Monkes not ignorant how the Archb. priuily intended the desolation and subuersion of theyr house liberties consulting vpon the matter determined at length among themselues to appeale to the sea of Rome namely for these 3. causes against the Archbish First for spoyling them of their gifts oblations SecoÌdly for depriuing them of their Churches benefices And thirdly for erecting a new fouÌdation of secular Canons to the derogation ouerthrow to their religious order geuing admonition to the archb before by their Monks seÌt vnto him of this theyr appellation To whom the Archb. answered that the foundation which he went about was to no derogation but rather to the fortification and honor of their house Who answered agayne that it was could not otherwise be but to theyr subuersioÌ And what should let me then sayd the Archb. but I may builde in myne owne ground what I will No sayd they no ground of yours but your ground is our grouÌd as all other things that you haue by right are ours for somuch as you haue them not of your selfe but of the church for the churches cause all which things haue bene geueÌ neither to you nor to the archbishops but to the church of Christ and therefore said they al such as appertain vnto vs inwardly and outwardly with the persons also the whole state of our church we submit vnder the popes protectioÌ now here make our appeal to the Sea Apostolick assigning also the terme when to prosecute the same The Archbishop receiuing this appellation saying that he would answere to the same either by himself or by his responsall so within 3. dayes after which was the 10. of December he came to Canterbury where the Monks vnderstanding how he was in mind to place new secular Priests in the church of S. Stephen where the Monkes had serued before came to the Church to stoppe the proceding of the archbishop by way of appeal Wherof the arch bishop hauing warning before deferred that matter till the next day after On which day the Monks again being seÌt by Honorius the Prior into the Church charged the Archbishop in the name of almighty God by vertue
Norwich Thus was Stephen Langton in the high Church of Uiterby by the popes hand made archbishop of Canterbury From thenceforth therefore sayth Mathew Paris the pope could do no lesse but mightily defend him from al vexation and daunger considering that he was his owne deare deareling and a childe of his owne creation Upon this occasion king Iohn conceiued an exceding displeasure against the Clergie and Monkes of Canterb. as he had good cause they doing so many euils against his Princely prerogatiue Without his licence they elected their Archb. and put by the Bishop of Norwich whome he had apointed They wasted a great part of his treasure for the warres and to bring all to the deuil they made Stephen Langton their high Metropolitane whom he tooke for a greuous enemy vnto the whole realm being alwais so familiar with the French king Wherefore in his anger hee banished them out of the laÌd to the number of 64. for this their contumacie and contempt of his regall power â The monkes of Canterburie thus being expulsed the king forthwith sendeth messengers to the Pope wyth his letters wherin he doth sharply and expressely expostulate with the Pope First for that so vncourteously he repulsed the election of the bishop of Norwich and set vp one Stephen Langton a man vnknowne to him and brought vp amongest hys ennemies a long time in the kingdome of Fraunce consecrating him Archb. of Cant. and letting the other goe Also which is more it redoundeth to the subuersion and derogatioÌ of the liberties appertaining to his crowne for notwithstaÌding his consent past being before of the monks not made priuy which should so haue done yet he rashly presumed to promote and preferre another Wherfore he can not maruaile he sayth enough that neither the sayd Pope nor the Court of Rome doth consider and reuolue with themselues how necessary his loue and fauour hath bene alwayes hetherto to the sea of Rome that they consider not what great profite and reuenewes hath proceeded hetherto to them out of the realme of EnlaÌd the like wherof hath not ben receiued out of any other countrey besides on this side the Alpes He addeth moreouer and sayth that for his liberties he wil stande if neede be vnto death neither can he be so remooued and shaken of from the election of the B. of Norwich which hee seeth to be so commodious to him and profitable Finally hee thus concludeth saying that in no case in this his request he be not heard hee will so prouide by the seas that there shal be no such gadding coursing any more ouer to rome suffring the riches of the lande no more to be transported ouer whereby he shoulde be himselfe the lesse able to resist his enemies And seing he hath of his own at home archbishops bishops other prelates of the Churche both of English men of other sufficiently prouided instructed in all kinde of knowledge therfore he shal not nede greatly to seeke for iudgement and iustice farther abroad When these came to the Popes intelligeÌce he directeth letters to tââ king againe in this forme INnocentius P. seruant of the seruants of God to our welbeloued sonne in Christ the king of England health Apostolicall blessing Where as we haue written to you heretofore exhorting and entreating you after an humble diligent and geÌtle sort concerning the Church of Cant. you haue written to vs againe after a threatning sort and vpbraiding manner both spitefully and also frowardly And where as we more and aboue that oure right and duety required haue borne and gâuen to you you againe for your part haue geuen to vs not so much as by right duety you are bound to do And though your deuotion as you say hath ben to vs very necessary yet consider againe that ours also is not a litle opportune expedient for you And where as we in such like cases haue not shewed at any time the like honor to any prince as we haue vnto you you againe haue so much derogated our honor as no prince els hath presumed to do besides you alone pretending certaine friuolous causes occasions I caÌnot tel what why you would not condescend to the election of Steuen Langton Cardinall of S. Chrysogono chosen by the Monkes of Cant for that the said StepheÌ as you say hath ben coÌuersant brought vp amongst your enemies and his person to you vnknowne But you knowe what is the prouerbe of Salomon the net is cast but in vaine in the sight of the flying birdes c. With much other matter in the same Epistle wherein he falleth into the commendation of Steuen Langton his Cardinall declaring howe learned he was in the liberall artes and in diuinitie in so muche he was pâebendated at Paris also come of an honest stocke and an Englishman borne and not vnknowen to the king seeing the king had written his letters thrise to him before Declaring moreouer in the said letter how the messengers of the King had specified to him an other cause which was for the the moÌks of Cant. which had to doe in the election came not to hym before for his coÌsent declaring moreouer in the said letter how the said messengers of the king intreated in the kings behalfe that for so much as the popes letters wherein the king was commaunded to send his proctors to Rome for the same matter came not to the kings hande neither did the Monkes direct any such letters or message to the king to haue his consent therefore the Pope considering the same woulde graunt so much for the regarde of the kings honor that the monkes of Cant. should not procede without the kings assent therein And for as much as that hath not bene done as yet therefore they desired some delay therein to be geuen sufficient for the doing therof whereunto he said that he had graunted fulfilled their request in sending hys letters and messengers once or twise to the king for the same purpose although he sayd it was not the maner of the sea Apostolique who had the fulnesse of power ouer the Church of Cant. to waite for Princes consents in such elections who then could not be suffered to do that which they came for wherefore in knitting vp his letter he thus concludeth in these wordes And therfore seeing the matter so standeth we see no cause why we should require or tary for the kings fauour or consent any more therein but intend so to procede in this matter neither enclining on the right hand nor on the left according as the canonicall ordinances of the holy fathers shall direct vs that is that al impediments delaies set aside so to prouide that the church of Canterburie be no longer destitute of her pastour Wherefore be it knowne to your discretion or kingly prudence that for so much as this election of Stephen Langhton hath orderly concordely thus proceeded without fraud or disceit
their expectation and good opinion they had in the Popes holines For whilest the Emperors legates atteÌded the answer of their peace before promised Rainerus the cardinall went secretly to Uiterbium wyth a certen number of soldiors and toke the towne which before was on the Emperors part The Emperor hauing vnderstanding hereof mustereth his bandes and with a sufficient power entreth the popes dition againe to recouer Uiterbium But yet taking this war so in hand not thinking thereby to expel al conditions of peace at the request of certaine of the Cardinals was contented to leaue Uiterbium being furnished by the Emperor of warlicke prouision before and came to Aqua From thence he sent againe other ambassadors to Rome wyth them also the Emperor of CoÌstantinople with the Erle of Tholonse who he thought were able to do much with the pope in the prosecuting of this peace And although at the time of Easter the matter semed to haue ben through and peace concluded for that his legates had sworne in the behalfe of the Emperor and as he willed them that he wold submit him selfe to the Pope And againe for that the Cardinals and others coÌmonly called named him Fridericus the Christian prince yet all this was no more but for a further fetch and purpose Not for that they ment in dede to coÌclude any peace with him or to go through there wtall but that through this dissimulation likelihood of peace which they vnderstoode the Emperor much desired he should set free open the passages which he straitly kept that no man could passe come to Rome whether a great multitude daily resorted flocked for religions sake But when all came to all that the Legates perceiued no conclusion of peace was simply purposed on their behalfe they began to dispaire of the matter letting the Emperor so to vnderstande The Emperor yet notwithstanding doubted not but if he might himselfe speake with the Pope he vpon reasonable conditions should wel enough accord with him wherfore he by his Legates and letters desired him to appoynt a place where the Emperor might resort to him The Pope seemed to be contented herewithall and appoynted a day at Fescennia where they would talke together that the Pope wâââ be there before him and accept the Emperours comming But the Pope in this while had made a confederacy with the French king against Fredericus who when he knew those 3. gallies to be ready and brought to Centincellas which he before had spoken for vnto the Genewes secretly in the night with his company hastening thether in post speede tooke ship and first came to Genua and from theÌre to Lions in Fraunce where he calling a Councel with a loude voyce summoneth Fredericke and appoynting him a day commanded him there personally to plead his cause And yet although he vnderstood the sodeine departing of him out of Italy made plaine demonstration of no conclusion or meaning of a peace and also knewe the Councel which the Pope had called wherein he was himselfe both plaintife and iudge and at the same councel those which he had by bribes allured preteÌded the destruction of the Emperor with many other such euident demoÌstrations both of his enuious hatefull heart to wardes him yet the most modest Emperor vsing the innocency vprightnes of his cause as one most desirous of peace and christian coÌcord sent the Patriarch of Antioch which lately was come out of Syria the B. of Panormia and Thadeus Suessanus the president of his court a most skilful and prudent Ciuilian to the councell at Lyons which signified vnto them the the Emperor would be there for the defence of his owne cause and for that the day was very short required a time more coÌuenieÌt for him thither to make his repaire The Emperor also being onward on his way come as farre as Taurinum sent before other messengers as the master of the Flemish order Peter de Vineis to geue them vnderstanding of the Emperors comming and that he wold proroge the day of hearing till that he might conueniently trauel thether âââfor any thing that could be either sayd or done or vpon how iust cause so euer required the pope wold not geue so much as 3. dayes space in the which time the Embassadors assured them of the Emperours presence As though there had bene no common prouiso for euery man in that case by the lawe to haue vsed vppon any reasonable let What should I longer protract the time when the day by them appointed was come the Pope with his confederates whom for money bribes he had gotten to that councell against gods law against christian doctrine against both the prescript of the law of nature and reason against the rule of equitie against the order of law appoynted against the coÌstitutions of Emperors and also the decrees of the Empire without any obseruation of the law or graunting dilatory daies wtout probation of any crime or his cause suffered to be pleaded vnto or heard what might be answered therein taking vpon him to be both aduersarie iudge condeÌned the Emperour being absent What more wicked sentence was euer pronounced what more crueller fact coÌsidering the persone might be committed Or what thing more brutish beastly could haue bene imagined or deuised And yet hereat were these by shops nothing ashamed but meaning to leaue their doings in wryting as an impudent testimonie to their posteritie established the same for a law to continue But marke what vengeance God toke vpon this wicked iudge The wryters of the Annales recorde that when Fredericus the Emperor and Conradus his sonne being Cesar were both dead the Pope gaping for the inheritaÌce of Naples Sicile and thinking by force to haue subdued the same came to Naples with a great host of men where was heard in the Popes court manifestly pronounced this voyce Veni miser ad iudicium Dei Thou wretch come to receiue thy iudgemeÌt And the next day after the Pope was founde in his bed dead all blacke and blewe as though he had bene beaten with bats as before in the history of king Iohn is declared When the Emperor had vnderstanding of this cruell tyrannical sentence of the Pope passed and pronounced against him considering his furious purpose mind therin thought good by hys letters to let all christian princes potentates vnderstand as wel what iniuries manifolde displeasures hee had susteined by the 4. Popes in all theyr times as also the cruelty and tyranny of this Pope in pronouncing the sentence of iudgement and condemnation against him passing the bounds both of iustice equitie and reason which letter as he wrote the same here vnderfolloweth to be seene The letter of the Emperour to the French King and other Princes for the sentence geuen against him in the councel of Lyons by the Pope and Cardinals ALthough we suppose not the
the city by the Barons and Citizens for the space of 40. dayes And Octobonus the Legate who for feare was fled into the Tower they narowly layd for that he shoulde not escape At length by the intreaty of the Earle of Gloucester and other Earles that were his friendes both the Barons and Cittizens were pardoned and admitted to the kinges fauour And 4. Byshops and 8. other noble men were chosen such as were at Couentry first nominated that they should order and dispose all matters betweene the King and suche as had lost theyr inheritaunce as also the forme of theyr peace and raunsome And proclamation was made vppon the feast of all Sainctes of perfect peace and record throughout al the Realme The 52. yeare of this king Henries raigue 8. daies after the feast of S. Martin he held a parliament at Marlberge in the yeare of our Lord aboue recited where by the aduise of wise and discrete men with all the consentes of the nobles he ordeined and enacted diuers good and profitable statutes for the reformation and bettering of the state of the realme execution of common iustice which are called the statutes of Marleberge The same yeare vpon S. Gregoryes day Octobonus the Legate called a Councell at London where were fine Archbishops and a great number of Byshops Abbots other Prelates which Councell also within three dayes brake vp agayne The same yeare vpon S. Iohns day the Baptist Edward the kinges sonne diuers other noble men of England took vpon theÌ the crosse by the legates hands at Northhampton to the reliefe of the holy land and the subuersion of the enemies of the crosse of Christ which done the legate that same yeare weÌt out of England not purposing after that to returne agayne This holy Legate sayth mine author whiche might well bee resembled to Lynx the monstrous beast whose quicke sight penetrateth euery thing enrolled to perpetuall memorye the valuation of all the churches in the realme of England so narowly as by any meanes possible be might enquire the certainty thereof The same was he that made all the Cathedral Conuentuall Churches to pay pencions so that those Churches whiche gaue not the vacancie of their benefices to their Clerkes and straungers should pay vnto them a certein yearly pencion during the vacaÌcy of the benefices which they should haue The same yeare died Pope Clement 4. after whose death the Church of Rome was two yeares vacant then was chosen an archdeacon Cardinall whose name was Theardus as hee was taking hys iourny into the holy lande and called hym Gregory the 10. Then also dyd Edmunde Earle of Lancaster and Leicester and seconde sonne of king Henry take to wife the Earle of Albemark his daughter and the Niece of yâ Earle of Gloucester at whiche maryage was the king and the Queene and all the Nobilitie of England The same yeare was the body of S. Edward the king Confessour by Walter Gifford Archbishop of Yorke and other Bishops intombed in a new rich Schrine of golde and siluer beset with precious stones in the preseÌce of HeÌry the king of EnglaÌd In which yeare also fel great rayne and inundation of waters suche as hath not lightly bene seene which increased and continued the space of 40. dayes and more The same yeare died Walter de Lawile Bishop of Sarum the third day before the nones of Ianuary After whoÌ succeeded Robert of Northampton the Deane of the same Church And because the see of Cant. was then vacant he was confirmed by the Chapter of Canterbury whiche Chapter had alwayes the iurisdiction in spirituall causes during the vacancy of that see in as ample maner as the Byshop hymselfe had beyng aliue After thys the Byshop elect comming thither thinking to haue had hys consecration was notwithstanding put backe for two causes one was for that there was present then no more but one Byshop the other was for that all the other Bishops had appealed that he might not be consecrated to their preiudice that is by the authoritie of the Chapter of Cant. saying that they would not be vnder the obedience of the monks After this solempne Messengers were for this cause sent to the Cardinals of Rome for that then that see of Rome was vacant who receiued aunswere that during the vacation of that see the confirmation and consecration of the Byshop elect pertayned to the foresayd Chapter of Caunterbury The same yeare also was the Lord Henry the sonne heyre of the Lord Richard king of Almayne and brother to king Henry 2. slayne at Uiterbium in a certayne Chappel hearing Masse by the Lord SimoÌ and Buido the sonnes of the Lord Simon Mountfort Earle of Leister During this kinges raigne there was made a great generall expedition of diuers and sondry Christian princes to Ierusalem taking vpon them the Lords character that is the Crosse among whome was also Edward the kings sonne one to the which expeditioÌ was graunted him a subsidie throughout al the realme And the month of May the yeare of our Lord. 1270. or as sayth Florilogus an 1269. he set forward on his iourny About the time when Prince Edward was preparing his iourny toward Asia Boniface the Archbishop of Canterbury ended his life in the country of Sebaudia goyng belike to Rome or comming thence After whose death the Monks of Canterbury proceeding to a new election graÌted by the king agreed vppon the Prior of their house named Adam Chelendene But the king his sonne Prince Edward consenting and speaking in the behalfe of Robert Burnell theyr Chauncellour did sollicite the matter with the Monkes partly intreating partly threatning them to chuse the said Robert to be Archbishop Notwithstanding the Monkes being stoute woulde neyther relent to their curteous request nor yet bow to theyr boystrous threates but constantly persisting in their former election appealed from the king and prince to the Pope Prince Edward being now on his iourny and seing himselfe thus frustrated of the Monkes writeth backe to the king his father deuoutly praying and beseching in no wise to admit the election of the foresayd Monks And so passing to Douer with HeÌry the sonne of Rich. his vncle king of Romanes with their wiues tooke their passage in the month of August After this the Prior thus elected as is foretold but not admitted by the king to be Archbishop went vp to Rome In the meane tyme the Monkes in the absence of their elect ordayned one Geoffrey Pomenall to be theyr Official who seing himself aduaunced to that dignity bearing belike some old grudge agaynst the Prior of Douer caused him to be cited vp to appeare in the Chapter house of Canterbury The Prior of Douer seing this citation to be preiudiciall to him and to the Church of Douer whereas the Monkes of Cant. haue no such iurisdiction the see of
and determination of the matter was committed to the iudgement of king Edward of England who after sufficient proofe made to the Scottes and firme euidence brought out of all the ancient historyes both of England and Scotland testifying from tyme to tyme that he was chief head and soueraigne of the Realme of Scotland first by necessitie of the law and by al theyr consentes tooke full possession of the same And that bone adiudged the right of the Crown to John Bailol who descended of the daughter of Dauid Earle of Huntington brother to Dauid King of Scotland in the dayes of Kyng Henry the second This Erle Dauid had three daughters Isabell maried to Robert Brusse Margaret to Allen Earle of Galeway had Ellen to Henry Lord Hastinges AlleÌ Earle of Galeway had ElleÌ maried to Roger Quincy Erle of Winchester Constable of Scotland Doruagile maried to John Bailol father to Edward king of Scots When these thinges were thus finished in Scotlande and Syr Iohn Bailol as most rightfull inheritour had receaued the crowne of Scotland at the handes of kyng Edward thankefully for the same in the presence of the Barony of England and of Scotland did vnto the sayd king Edward his homage and sware to him fealty the Scottes with theyr new king returned into Scotland and Kyng Edward remoued agayne to England But not long after the falsenes of this Scotishe Kyng soone appeared Who repenting him of his homage done vntruely for sook his former othe promise and made war against king Edward through the counsaile of the Abbot of Menros Wherfore the king with a great host sped hym into Scotland in processe laid siege to the towne of Berwicke which the Scots did egerly defend not onely to the discomfiture but also to the decision of the kinges and hys English host But in conclusion the English men preuayled and wan the towne where were slayne of the Scottes the number of 25. thousand And while the king was there busied in winning other holds about the same he sent part of his host to Dunbarre where the EnglishmeÌ agayn had the victory and slue of the Scottes xx thousand Gis burne sayth but x. thousand so that very few were lost of the English company The king with a great nuÌber of prisoners returning into his realm shortly after sped him ouer vnto FlauÌders where he sustayned great trouble by the French kyng till truce for certayne space was betweene them concluded But in the meane while that K. Edward was thus occupyed beyond the Seas the French king resorting to his practised maner set the Scottes secretly agaynst the Englishmen to keep the king at home Which Scots makyng themselues a Captaine named WilliaÌ Waleis warred vpon the borders of NorthumberlaÌd where they dyd much burt At length the king returning from Burdeaux into England shortly vpon the same tooke hys iourny into Scotland Where meeting at Yorke with hys host marched into the Realme of Scotlande winning as he went townes and Castles till at length comming to the towne of Frankyrch on Mary Magdalens day he met with the power of Scotland and had with them a fore sight but through Gods prouidence the victory fel to the right cause of Englishmen so that of the Scottes were slayne in the field as it is of diuers writers affirmed ouer the number of xxxii thousand and of Englishmen but barely xxviii persons Whereupon the king agayn taking possession and feairy of the whole land returned home And yet the false vntroth of the Scots would not thus be ruled but rose vp in a new broyle so that the kyng was enforced to make his power agayn the yeare folowing into Scotland where he to suppressed the rebellion of that Lords and of the commons that they swearing to the kings allegiaunce presented themselues by great companyes put them wholy in the kings grace and mercy so that the king thinking himselfe to be in peaceable possession in a great surety of the land caused to be sworne vnto hym the rulers of the boroughes citties and townes with other officers of the land and so returned vnto Barwicke and so into England and lastly to Westminster These martiall affayres betwene England and Scotland although they appertayne not greatly to the purpose of our story Ecclesiastical yet so much by the way I thought briefly to touch whereby the better it might be vnderstanded by these premisses that whiche followeth in the sequele hereof As the Scottes were thus warring and ragyng agaynst the king and saw they could not make theyr party good they sent priuily to Pope Boniface for hysayde and counsaile who immediatly sendeth downe his precept to the K. to this effect that he should hereafter succease to disquiet or molest the Scottes for that they were a people exempt and properly pertaining to hys Chappell And therfore it could not otherwise be but that the Citty of Ierusalem must needs defend hys own Citizens as the mount Syon mayntayn such as trust in the Lord. c. Whereunto the king briefly maketh aunswere agayne swearing with anothe that he would to his vttermost keepe defend that which was hys right euideÌtly known to all the world c. Thus the Scots bearing themselues bold vpon the popes message also confederating themselues with the French meÌ passed ouer that yeare The next yeare after that whiche was 29. of the kinges raigne the sayd Pope Boniface directeth hys letters agayn to the kyng wherein he doth veÌdicate the kingdome of Scotland to be proper to the Church of Rome not subiect to the king of England And therfore it was agaynst God against iustice and also preindiciall to the Churche of Rome for hym to haue or hold dominion vpon the same which he proued by these reasons First that when king Henry the father of this Kyng receiued ayd of Alexander king of Scots in his warres agaynst Simon Mountfort he recognised acknowledged in his letters patents that he receaued the same of king Alexander not of any duety but of speciall fauour Item when the sayd king Alexander comming to England did homage to the sayd kyng Henry he did it not as king of Scotland but onely for certayne landes of Lyndal and Penreth lying in England Item where the sayd king Alexander left behynd hym Margaret his heyre being âece to the king of England and yet vnder age yet the tuition of the sayd Margaret was committed not to the K. of England but to certain Lords of Scotland deputed to the same Moreouer when any legacie was directed down from Rome to the Realme of England for collecting oftenthes or other causes the sayd legacie tooke no place in the realm of Scotland and might well he resisted as it was in kyng Alexander hys dayes except an other speciall commission touching the realme of Scotland were ioined wall Wherby it appeareth these to be two seueral dominions and not
successors But if thou haue geuen any we iudge the gift to be voyde and call backe how farre so euer thou hast gone forward And whosoeuer beleueth otherwise we iudge them heretickes Vnto this letter of the Pope king Phillip maketh answere agayn in maner order as followeth which is this ¶ Phillip by the grace of God King of Fraunce to Boniface not in deedes behauing himselfe for Pope little friendship or none TO Boniface bearing himselfe for chiefe Byshop little health or none Let thy follishnes know that in no temporall things we are subiect to no man and that the giftes of prebendes and many benefices made and to be made by vs were and shall be good both in time past and to come And that we will defend manfully the possessours of the sayd benefices and we thinke them that beleue or thinke otherwise fooles and mad men Geuen at Paris the Wednesday after Candlemas an 1301. After these aforesayd and other writinges passing to and fro betweene the French kyng and the pope within a yeare and a halfe after the king sommoneth a Parliament sending downe hys letters to his Sheriffes and other officers to summon the Prelates and Barons of the Realme vnto the sayd Court of Parliament according to the tenor of the kinges letters here following PHilip by the grace of God king of Fraunce c. Whereas we would take counsaile with the Prelates Barons and other our faythfull about weighty matters and hard and suche as belong greatly to our right and touching our honour state liberties and lawes of this our Realme Churches and Ecclesiasticall persons and would also go forward and proceede in the foresayd matters according to their counsayle We commaund you that ye dilligently in our behalfe require straightly charge all the Prelates in your baliwicke and also all and singuler Abbots and Priors of the same your foresayd baliwicke to certayne of the whiche we haue directed downe our special letters for the same cause that as they fauour our honour the good state both of the realme of théselues and of the Church they repayre to vs in their own persoÌs all lets and delayes set aside and all other busines left of Shewing to them moreouer that we can iudge none of them to be eyther to vs faythfull subiects or friendes to the Realme which shall faile herein or withdraw himselfe in the foresayd busines counsayles and helpes in tyme. Wherin if peraduenture any shall slack or refuse to resort and come toward vs within 8. dayes froÌ the tyme of this charge geuen by you or your commaundement That then you to seise all hys temporall goodes into our hand so seised to holde them vntill you receiue other commaundement from vs. Geuen at Paris the Monday before the Natiuitie of S. Iohn Baptist in the yeare of our Lord. 1303. ¶ A declaration of maister William Nagareta made against Pope Boniface the eight with his appellation also made at Paris afore the kyng and his Counsaile in the Church of Paris IN the name of God Amen In the yeare of our Lorde 1303. Indictione secunda the 12. day of March and the ix yeare of the Popedome of the most holy father the L. Boniface the 8. by Gods prouidence pope and in the presence of vs common notaries and witnesses written vnder the noble man maister William Nagareta knight a worshipfull professour of the lawes standing afore the most excellent Prince the Lord Philip by the grace of God most noble king of Fraunce spake with liuely words and gaue in writinges these thinges that follow There haue bene false Prophetes among the people as there haue bene also among you false teachers c. S. Peter the glorious prince of the Apostles speaking to vs by the spirite tolde vs thinges to come that likewise as there were false Prophetes afore tyme so there should come among you false teachers bringing in sectes of destruction by the which the way of trueth shall be defaced and couetously they shall make marchandise of you with fayned wordes and further addeth that such maisters did follow the way of Balaam of Bosor whiche loued the reward of wickednes and had hys bridled Asse to correct hys madnes whiche speaking in a mans voyce did stop the foolishnes of the Prophet All which thinges as they be shewed to vs by the greatest Patriarch himself Your eyes see them fulfilled this day according to the letter For there fitteth in S Peters Chaire the mayster of lyes causing himselfe to be called Boniface 1. a well doer where he is notable in all kinde of euill doyng And so both he hath taken to himselfe a false name and where he is not a true ruler and maister he calleth himselfe the Lord Iudge and mayster of all men And comming in contrary to the common order appoynted by the holy fathers and also contrary to the rules of reason and so not entring in at the doore into the Lordes shepefold is not a shepheard nor hierling but rather a theefe robber For he the true husbaÌd of the Romish church yet liuing deceiued him that was delighted in simplicitie entised him with fayned flatterings gifts to let him haue his spouse to be his wife let no man separate at length laying violent handes vppon hym perswading him falsely that thing which the deceiuer sayd to come from the holy spirite was not ashamed to ioyne to himselfe with wicked practise that holye Church which is maistresse of all Churches calling hymselfe to her husband where as he cannot be for Celestinus the true Romish Byshop agreed not to the said deuorce being deceiued by so great subtiltie nothing is so contrary to agreeing as errour and deceit as mans lawes beare witnes that I neede not to speake of his violence But because the spirite inspireth where he will and he that is led with the spirite is not vnder the lawe the holy vniuersall Church of God not knowing the craftes of that deceiuer stumbling and doubting whether it came from the holy ghost that Celestinus should leaue of his gouernment and the sinnes of the people deseruing it for feare of a schisme suffered the foresaid deceauer although according to the doctrine of our Lord by hys fruites he might be knowne whether he came to the say'd regiment by the holy ghost or otherwise his fruites as it is playnely here written beneath are now manifest to all men by which it is apparaunt to the worlde that he came not in by God but otherwayes and so came not in by the sheepefould His fruites are most wicked and hys ende is death and therefore it is necessary that so euill a tree according to the Lordes saying should be cut downe and cast into the fire This caÌnot auaile to his excuse which is said of some men that is that the Cardinals did agree vpon him agayn after the death of the sayd Celestinus the pope seing he could not be her husband whom
violent shedding of bloud in any churchyard wherby the interdict taketh place the Clergy causeth a certain impositioÌ to be leuied of the parishioners there for the salary towards the restoring therof Although some of the parishioners be of an exempt iurisdictioÌ yea although he which shed the bloud be able to pay the whole taxe which they leuyed and more to 55. Item certaine Chaplaines affirme to haue certayn Apostolicall priuileges by vertue wherof they may appoint what Iudges they will yea and oftentimes of their own house so be iudges in their owne cause which is playne against the law wherby often times it happeneth that after great proces expenses had made in any great cause of inquest more often about reality then otherwise when they haue notice by the Proctors and Aduocates that they shall haue the foyle therin they reuoke forthwith those named Iudges and so the kings subiectes are damaged and can haue no iustice nor redresse at their handes 56. IteÌ if any temporall man call a Clerke before a secular iudge in a case of inheritance the ecclesiastical iudge procureth a stopp to be made therein attributing to themselues the cognitioÌ therof and so by adiourning remouing the lay man is constrayned to make satisfaction 57. Item the clergy chalengeth the cognition of such causes as maried Clerkes being marchauntes and artificers do commence when by law it doth appertaine to the temralty especially about the trade of Marchaundise 58. Item they oftentimes make interdictions in many of the kings townes and holdes and cause the diuine seruice to cease agaynst the priuiledges graunted by many of the high Bishops of Rome to our soueraigne Lord and maister the King 59. Item to and for the maintaynance keeping of theyr temporalties they appoynt Baylifs other officers who if they do offeÌd may not condignly be punished according to law and iustice 60. Item the Ecclesiasticall Iudges haue promoters belonging vnto them who wheÌ any man is excommunicated be it right or be it wrong they cause to be made that no man shall work or do anything for him that is excommunicate whereby the landes and vines are often times vnlooked to and vntilled to the no small preiudice of the king and his common people 61. Item the foresayd Promoters cause Citation to be made out by vertue wherof they call in one citatioÌ 20.30 40. persons to appeare for participating with such Interdicted persons taking of some 10. of other some 20. s. as much as they be able to make wherby the commoÌ people are much oppressed 62. Item the Ecclesiasticall Iudges cause all the Aduocates of their courtes to be sworne that none shall retayne them of their Counsell agaynst any of them without their licence whereby oftentimes the poore man quite leeseth his right and the Kinges cause is delayed Because hys Solliciters cannot freely retayne counsell without speciall licence 63. Item they will make Inuentories of theyr gooddes which dye intestate or without making of will And will haue the possession of theÌir goods as wel moueable as vnmoueable in theyr owne hands to distribute to the hetres or to whom they list 64. Item the execution also of Testamentes they take to their own hands taking inuentories of dead mens goods and keeping and disposing them to the heires after their pleasure And haue officials properly deputed for the execution therof 65. Item they will not geue credite sometimes to testamentes made before witnesse vnlesse they be first by theyr owne Officials approued After he had thus spoken the prelats required to haue time to answere therunto wherupon was appoynted for the same the Friday next ensuing On the which day the Bishop Eduen Archbishop or Senon elect in the name of the whole clergy answered for them all before the king holding his Parliament as that day at Uicenas and thus he there proposided For somuch as the Lord Peter Cugner of late propounding against the Church of Fraunce took to his Theame that is written in the 22. of Mathew Render vnto Cesar that which is Cesars and vnto God that which is Gods by which words he sayd two points were to be noted First the reuerence and subiection of the Prelates that they ought to haue to the king their soueraigne Secondly the deuision of the temporall iurisdictioÌ from the spirituall The which first part he proued out of the first Epistle of Peter in the second Chapter where it is written Submit your selues vnto euery creature for the Lordes sake whether it be vnto the king as vnto the superior or vnto gouernours as vnto them that are sent of him for the punishment of euill doers and for the praise of them that doe well The second poynt he proued by the wordes of our Sauiour Christ in the 22. Chap. of Luke where the Apostle sayth Lord behold here are 2. swords And he said vnto them it is enough signifying by the two swordes the two iurisdictions And in likewise out of the 17. of Math. where Christ would pay tribute for him and Peter Geuing hereby an example how that Ecclesiasticall persons were bound to pay and yeld to the temporall power the teÌporalities which also is proued in the 11. quest prim cap Si tributum cap magnum And further because this is proued by mans law where it is sayd 2. great gifts are bestowed Priesthood and Empire The priesthood to rule ouer matters diuine the Empire to beare domination ouer humaine matters wherby he coÌcluded that when these iurisdictions are distincted of God The one being geuen and limited to the church and the other to the temporalty That in no wise the Church ought to intermeddle or to haue any thing to do with the temporall iurisdiction For it is written in the 22. of the Prouerb You ought not to passe the old limits bounds which the forefathers haue set And well by the way be bringeth in this word olde auncient Because customes brought in to the contrary be of no force but rather are couÌted abuses corruptions Neither can prescriptioÌ take place for that ius fisci is inprescriptible neither caÌ the king abrogate froÌ himselfe such law nor renouÌce his right prouing the same by many chapters contained in the 10. Dift Wherefore seeing the king at what time he was crowned sware not onely not to alienate or infringe the lawes of his realme but also to call in such lawes as were alienated vsurped either by the Church or by any other the king was bound by his oath to reuoke the same abuses In especiall he did exhibite many articles in writing wherin as he sayd the Church did vsurpe vpon the iurisdictioÌ temporall To answere these premisses which conciling of the places vnder protestatioÌ whatsoeuer I say or shall say it is not to ground or make any finall iudgemeÌt or determinatioÌ herein but onely to informe the conscieÌce of our soueraigne Lord the king and
litle to nothing at all Let the Barons also consider how that there is but few which beleeue not in yâ church For the church is one as in the 6. of CanticuÌ My Doue derling is one Wherfore without great perill of trasgression can they not perswade and counsell such liberties of the church to be abrogated and taken away That therfore your Maiesties conscience may remain pure and immaculate pleseth it your highnes by your anthority to seale confirme this good auncient canonicall priuiledge and contrary attempts if any be made by way of proclamation or otherwise to reuoke and call them in And further to keepe your mother the church of FrauÌce in her auncient franck choyse liberty and customes And theÌ by you in al thinges God shal be glorified and honored to whom be honor and glory for euer and euer Amen Who then will honor you as is sayd 1. Reg. 21. whosoeuer shall honour me I will crowne him with that glory in which consisteth the true honor and is grauÌted to none vnworthy Wherunto also none is admitted but worthy as blessed S. Austen saith which honor graunt he vnto you vs who is blessed world without end Amen And because a bill of many articles was exhibited wherof part did infringe the whole ecclesiastical iurisdictioÌ to the defeÌce therof we wil according to the 4. cha of Ecclesiasticus stand eueÌ to the death where it is sayd for the truth striue thou vnto the death and God shall fight for thee agaynst thine enemies Some other of theÌ contayne onely abuse which we beleue none such to be But if there be we will see redresse therin Therfore for the honor of God for the vnburdening of our consciences for the kings maiesties reuerence for yâ peoples profit and peace All we here assembled haue concluded to see remedy that the aforesayd abuses if any such be shal be left to the quietnes of the people and prayse of almighty God To whom be honor and glory world without end Amen * Another sitting in the Parliament The next Friday following being the 29. of December the prelates assembled themselues agayne together at the kings palace in Paris Where the reuerend father the L. Peter Bertrand by Gods permissioÌ bishop of Eduen spake openly there before the king sitting with his Counsellors and Barons about him taking to his theame the which is written in the 18. of Genesis O Lord be not angry that I speake yet more c. The which he applyed to this end that for the maiesty of the king the prudency of his counsell and insufficiency of himselfe considering the waightinesse of the cause he trembled and was afrayde to speake yet neuertheles trusting vpon his accustomed clemency tooke to him audacity presumed that which was appoynted to him by the prelates Beginning with the 89 psalme Lord thou art our refuge c. Which he prosecuted in extolling the king his persoÌ and his miraculous atteining to the crowne of Fraunce preaching further how he ought to be the champion defender of the faith all which he proued in few words by many reasoÌs and authorityes Afterward he touched those propositioÌs which were propounded by the foresaid Lord Peter of Cugner and for no other onely cause as he protested but to informe the coÌscience of his soueraign Lord and king to aduise his grace concerning the same Not going about to make any finall iudgement determination or answer wherby either sentence Order Statute right to any man or other processe might thereof ensue or be grouÌded And namely he first beginning with the Theame of the Lord Peter first affirmed render vnto the Emperour which is the Emperors and vnto God which is hys Marke 12. By whych woordes was signified the obedience and subiectioÌ to the king with the differeÌce of the spiritualty from the temporalty wherof the first meÌber is proued by the 1. Pet. 2. Where is sayde be yee subiect to euery humaine creature c. Also by the Cap. solite extra de maio ob And by the c. nouit extra de iudicijs cap. de sacerdotibê° 10. q. 1. with the notes about the same Moreouer as touching the distinction of both iurisdictions whereof the Lord Peter prooued the temporall iurisdiction to pertaine to seculare men the spiritual to the clergie by the wordes of our Sauiour Christ. Luke 22. where hee sayde Beholde two swordes Also for that Christ did pay tribute Teaching thereby how that the temporalties were to be reserued to the temporall men Math. 17. 11. q. ca. Si tribut ca. Magnum In like maner by the law of Iustinian where it is written that 2. great giftes were ordained graunted of God a Byshoprike and a kingdom The first to beare rule ouer Gods matters the other ouer worldly thinges c. And sayde moreouer that these 2. be the cases which in no wyse could be altered or changed Prou. 20. de TioÌ mo lib. 1. vlt. And affirmed also that oâ suche Princely right the Kynge coulde not abrogate and depriue hymselfe For that it was unprescriptible appertaining to the crowne and his regal seat considering howe he tooke his othe at time of hys coronation not onely not to break or alienate the lawes of his realme but also to restore and reuoke such as were broken and alienated To which these his reasons it was answered that the iurisdiction and determination of ciuill causes whereabout the controuersie now standeth belongeth to the Church both by Gods law and mans law By Gods lawe it prooued was euen from Adams time to Christes comming per Innoc. ca. licet extra de foro compe And from Christes comming to Peters time and hys successors 22. di câomnes patriarchae Math. cap. 16. But how the Churche in the Realmes of Catholike Princes attained vnto thys right and interest which at this presence it doth enioy the law proueth 2. q. ca. 5. Si quis Praesbyter 11. q. 1. Relatum 25. dist Ecce Whych also is confirmed by the Emperors in the body of the lawe ff 3. ¶ Si causam col 9 23. q. vlt c. his a quibus The Canon furthermore teacheth how that S. Peter commaunded all the Princes of the earth and others to obey and giue place to the Byshops c omnes extra de maior ob 16. dist duo sunt Wherefore it was concluded that in no wise this right is to be separated and taken away from the Church And albeit in the realmes of tyrannous Princes this state of the Church is violated and not kept yet in this blessed realme of Fraunce it hath bene alwayes euen to these dayes duely obserued c. nouit extra de iudicijs This iurisdiction the lawes of Theodosius the Emperor and Carolus the great hathe also confirmed extra de iudicijs c. nonne all 11. q. 1. quaecunque c. fe iurisdictio c. expresse Where it is mentioned that the same Carolus Kynge of Fraunce
I suppose will and ought sooner runne and the word of Christ will sooner driue vs to our father then to the Priests Corban Marc. 7. So that this distinction here may haue place that as the one standeth vpon merite of vertue so the other standeth vpon mere duety of necessitie Pag. 362. col 1. These iurisdictions temporall and spiritual are compatible in one persone Aunswere I graunt pro ratione subiects That is in the subiect it selfe there is no cause to the contrary but these vocations may be exercised both of one persone as they haue beene of the Pope one after the other and so may contrary formes also and yet the Popes persone hath bene able to sustaine them both But now here is to be considered not what the nature of the subiecte is able to beare by Logicke but what order is taken heerein by the will of God whose order is thys That they which with Peter are called to the feeding of the flock shoulde leaue their fishing nettes and fishe for men and that they which labour in the warfare of the Lord should not intangle theÌselues with the busines of this life wherby they may be more free to please him whose souldiours they are Tit. 2 c. Pag. 362. col 1. The iurisdictions temporall and spirituall are so distincted that they are not contrary c. Aunswer And what let is there then but our Queene nowe and other kings heereafter may haue the gouernement of both states as well Ecclesiasticall as temporall Seeing both the formes being compatible may concurre both in one subiect why not as well in the persone of the King within the Realme as in the person of the Pope without the Realme Pag. 363 col 1. God after the creation of the world c. vnto Noes time c. Aunswere If God vnto Noes time gouerning the worlde as king gaue sentence himselfe against Caine as yee say howe then did he that by the ministerie of aungels If he did it by the aungels his ministers Whether is more like then that to make for the Pope or rather for kings and princes whom the Scripture thrise in one chapter calleth the ministers of God to execute punishment to him that doth euill Rom. 13. Pag. 363. Noe also which offered c. Aunswere If offering of burnt sacrifices to God doe make a priest then was Caine also Abell Abraham Isaac and all Patriarches priests If hee had both temporall and spirituall iurisdiction vppon them which were in his Arke I maruell why hee did not curse âhen the disobedyent crowe that returned not to him againe Pag. 363. col 1 Melchisedech likewise c. Answere Melchisedech properly did beare a figure of Christ both king and priest and of none other Pag. 363. col 2. A. I haue geuen to me c. Aunswere That Christ hath all power geuen him no man doubteth but yet the same Christ sayth that his kingdome is not of this world Neither would he be made a king in this worlde c. Non eripit mortalia qui regna dat caelestia hym Pag. 363. col 1. B. Whom Christ made his vicar c. Answere Here in one line bee two lies For neither had Peter the very same power in heauen and earth as Christ had neyther was hee the vicar of Christ. Pag. 363. col 1. C. As the offence of Ananias and Saphira was not temporall but spirituall so did Peter kill them not iudicially that is as a temporall iudge but spiritually that is by the power of the spirite which spirite wrought by him not as by a iudge but as a minister And although this acte of Peter was extraordinarie for a singular example yet notwithstanding let any prelate with the like power of spirit so do none wil blame him Pag 363 col 1. D. And so likewise the condemnation of Paule against the Corinthian was onely spirituall and not temporall Pag. 363. 1. E. must be referred to the order c. Aunswere Christ woulde these causes to be referred to the hearing of the Churche for spirituall admonition but not for temporall iurisdiction of the prelates Pag 363. col 1. F. All things that the true Church doth truely binde are bound I graunt but first let the Pope proue his Church to be the true Church and himselfe to be the vniuersal head therof and then let him claime the keies Ibid. The two swords do as much signifie the two regiments as doe the two fishes wherewith Christ did feede foure thousande persones Ibid. Christ bad Peter put vp his sword and not to cast it away Ergo the Church may haue the temporall sworde Answere God geue you good morowe I haue brought you a capon Pag. 364. col 1. I. Know ye not the Saintes c. Aunswere S. Paule heere willing the Corinthians to pleade their matters not before the heathen but before the Saints meaneth the faithfull of the congregation not onely prelates K. In them was not the like reason c. Aunswere I graunt for Christ and true Christians is one thing Antechrist and hys Church is an other thing Ibid. As ye say the Apostles had no laisure to take lands and possessions for preaching but nowe for Lordly loytering you haue laisure inough Pag. 364. col 1. M. They are most fittest to beare temporal rule which followe neerest to God Prelates of the cleargie followe nearest to God Ergo Prelates of the Clergie are more meetest to beare temporall rule Resp. If God heere be taken for that God which is called the belly I graunt they seeme to followe nearer But if it be taken for the true God not I but their owne fruites life and doctrine and Esay also would denie their minor and say that this people draweth neare to me with their lips but their heart is farre from me Pag. 364. col 1. You are a chosen generation a royal Priesthode c. Aunswere This place of Peter was written not onely to persones Ecclesiasticall but to the whole congregation of the Saintes disparsed as the wordes following may declare Qui eratis quondam non populus c. And thus much concerning French matters which because they be Ecclesiasticall and beare wyth them some vtilitie to the diligeÌt reader such as list to search note and obserue the actes of men and course of religion I thought therfore here to place and adioyne next after the other contention before proceding betwene Philip the French king and Pope Boniface Albeit as touching the perfect keeping of yeres and time I am not ignorant that thys foresaid Parliament thus summoned and commenced against the French prelates falling in the yeare of our Lorde 1329. was to be referred rather to yâ raigne of king Edward the iâ Of whom now remaineth by the grace of Christ in order of historie to prosecute declaring first the instructions and informations of his father geuen to him in the time of his departing
by the statute of the Londiners geueÌ forth commaundement through all his land that no corne shoulde at that tyme be turned to the making of drinke Such a Lord is God thus able to do where he is disposed to strike And yet we miserable creatures in our wealth and aboundaunce will not surcease dayly to prouoke hys terrible maiesty But let vs returne to the order agayne of our story After the Scottes had thus plagued miserably as ye haue heard the Realme of England they inuaded also Ireland where they kept and coÌtinued warre the space of 4. yeares But in fine the Irishmen by ayd sent to them from England quitte themselues so well that they banquished the Scottes and slew Edward Bruys and many of the Nobles of Scotland with many other and droue the residue out of the country The king about the 12. yeare of his raigne assembled a new host and went into Scotland where he layd siege to Barwike But in the meane time the Scottes by an other way inuaded the marches of Yorkeshyre robbing and harieng the countrey that they slew much people Wherfore the Archbishop of of Yorke and other Abbottes Pryors Clerkes with husbandmen assembled a great company and gaue them battell at a place called Mytton where the Englishmen were discomfited and many of them slayne but the Archbishop and the Abbot of Selby and diuers other there escaped But because there were so many spirituall men there slayne it was called therefore the whyte battayle By reason whereof the king hearing of this and partly because wynter did approche was constrayned to breake vp his siege and so returned not without great daunger At this tyme the two Spensers Syr Hugh Spenser the father and Hugh Spenser the sonne were of great power in England and by the fauour of the King practised such cruelty and bare themselues so haughtely and proud that no Lord of this land might gainsay them in any thing that they thought good wherby they were in great hatred and indignation both with the nobles and the commons no lesse then Peter Gaueston was before Soone vppon this came two Legates from Rome sent by pope Iohn the 22. vnder the pretence to set agreement betwene England and ScotlaÌd who for theyr charges and expences required of euery spiritual person iiij d in euery marke But all theyr labour nothing auailed For the Legates as they were in the North parts about Derlinghton with theyr whole family and trayne were robbed and dispoyled of theyr horses treasure apparell and what elles they had and with an euill fauoured handling retired backe agayne to Duresine where they said a while wayting for an answere from the Scots But when neyther the popes Legacy nor his curse would take any place with the Scottes they returned agayn to London where they first excommunicated and cursed as blacke a s soote al those arrogant and presumptuous robbars of Northumberland Secondly for supplying of the losses receaued they exacted of the Clergy to be geuen and paid vnto them viij d in euery marke But the Clergye thereunto woulde not agree seeing it was theyr owne couetouines as they say that made them venture farther then they needed Only they were conteÌted to relieue them after iiij d in a mark as they promised before further they woulde not graunt whereof the king being aduertized and taking part wyth his clergy directeth his letters to the said Legates in form as followeth Rex Magistro Rigando c. REX Magistro rigando de Asterio canonico Aurelian Salutem c. In Englishe thus The king to maister Rigand of Asserio Canon of Aurelia greeting We haue taken notice of the clamours and lamentable petitions of the subiectes of our Realme perceauing by the same that you practise many and sondry inconueniences very straunge neuer heretofore accustomed nor heard of in this our realme aswell agaynst the Clergy and ecclesiasticall persons as agaynst the layrie euen to the vtter oppression and empouerishing of many our liege people which if should be wincked at as God forbid may in processe of time be occasion of greater perills to ensue whereat we are not without cause moued and not a litle grieued We forbid you therefore that from henceforth you practise not ne presume in anye case to attempt any thinge within this our Realme either agaynst our Clergy or laytie that may any maner of way tend to the preiudice of our Royall person or of our Crowne and dignitie Regall witness the king at wyndsoure the vi day of February in the xi yeare of his raigne Per Concilium Likewise in the same yeare the sayd king writeth to the same effect to the Archbishop of Caunterbury as followeth Rex venerabili in Christo Patri W. eadem gra Archiepiscopo Cant. In English thus The king to the reuerend father in God W. by the same grace Archbishop of Canterbury 1. primate of Englande greeting We are credibly enformed by many our subiectes that certayne straunge imposicions neuer heard of before within any our dominions vpoÌ lands tenemeÌts goods and cattels concerning testaments and cases of matrimony are brought into our Realme to be executed vppon our subiectes by you or some others which if should proceede to execution would manifestly tend to the disherisoÌ of our Crowne impeachment of our Crowne and dignitie Regall and the intollerable damage of the subiectes of our realme and to the dew preseruation of the whiche you are bound by solemne othe of alleageance we therefore commaund and straitly charge you that you proceede not in any case to the execution of anye suche letters either in your owne person nor by anye other nor yet presume by colour of the same to attempte any thinge that may be preiudiciall or hurtfull to our Crowne or dignitie Regall And if you or any other in your name haue done or attempted anye thing by colour of the same that ye call back and reuoke the same foorthwith without delaye Witnesse the King at Shene the xvii of February the xi yeare of hys raigne Peripsum Regem The like letters in effect were directed to the Archbyshop of Yorke and to euery other Byshop through England By force of whiche letters the greedy Legates beyng restrayned of theyr rauening purpose taking what they could get and setting a peace such as it was betwene the king and the Earle of Lancaster were fayne to pack Besides the restraynt aboue mentioned for strange imposicions there followeth moreouer the same yeare the kings prohibitioÌ for the gathering of Peter Pence directed to the foresayd Legate the Tenor whereof followeth A prohibition of Peter Pence Rex magistro Rigando c. In English thus The king to mayster Rigand of Asserio Canon of Aurelia greeting We are geuen to vnderstaÌd that you doe demand and purpose to leuye the Peter Peny within our Realme otherwise then the sayd Peter Peny hath bene heretofore accustomed to be leuyed in the time of
none of them whom he could there finde so he neuer ceased all hys life after to enquire out and to be reuenged of all suche as had bene in any part or consenting to that matter For the which his extreme and implacable tyranny he was in such hatred of all the people that as he sayd he could not fynde one of all the commons to take his part when need required Among all other which were for that matter troubled was one Adam Byshop of Hereford who being unpeached of treason with other moe was at length arested in the Parliament to appeare and answere to that should be to him obiected Many thinges there were layde agaynst him for taking part with them that rose agaynst the Kyng with matters moe and haynous rebukes c. Whereunto the Byshop a great while aunswered nothing At length the Byshop clayming the liberties and priuiledges of the Church answered to the king in thys form The due reuerence of your Princely maiesty euer saued Ego Sanctae Ecclesiae Dei minister humilis membrum eius Episcopus consecratus licèt indignus ad tam ardua nequeo respódere nee debeo absque D. Cant. Archiepiscopi post summum pontificem mei directi iudicis cuius etiam sum suffraganeus autoritate aliorum parium meorum Episcoporum consensu That is I an humble minister and member of the holy Churche of God and Byshop consecrate albeit vnworthy cannot neither ought to answere to these so hye matters without the authoritie of the Archbishop of Caunterbury my direct iudge next vnder the high Bishop of Rome whose suffâagane also I am and the consent likewise of the other my fellow Bishops After which wordes by him pronounced the Archbishop and other Byshops with him were ready to make humble intercession for hym to the king and did But when the king would not be wonne nor turned with any supplication the sayd Byshops together to the Archbishop and the Clergy comming with their crosses tooke him away challenging him for the Churche without any more answere making charging moreouer vnder the censures of the Churche and excommunication none to presume to lay any further handes vpon him The king moued with thys boldnes and stoutnes of the clergy coÌmandeth notwithstanding to proceede in iudgement and the iury of 12. men to go vppon the enquiry of his cause who finding and pronouncing the Bishop to be gilty the kyng caused immediately al his goods possessioÌs to be coÌfiscate vnto himselfe moreouer made hys plate and all his housholde prouision to be throwne out of his house into the streete but yet he remained so stil vnder the protection and defence of the Archbishop c. This Archb. was Walter Winchelsey after whom succeeded Simon Mepham in the same see of Caunterbury an 1327. Ex Thom. Walsingham After pope Clement the 5. by whose decease the Romish see stood vacant as ye heard two yeares and 3. moneths next was elected Pope Iohn 22. a Cistercian monke who fare in that papacy 18. yeares He was stout and inflexible geuen so much to the heaping of riches that he proclaymed them heretickes whiche taught that Christ and hys Apostles had no possessions of theyr owne in thys world At this time was Emperour Ludonicus Bauarus a worthy man who with this Pope and other that folowed hym had no lesse contention then had Fredericus before mentioned in the time of king Henry the thyrd Insomuch that this contention and variaunce continued the space of 24. yeares The cause and first origene of this tragical conflicte rose vpon the constitution of ClemeÌt the 5. predecessor to this pope by whom it was ordayned as is afore meÌtioned that Emperours by the Germayne Princes elected might be called kinges of the Romaynes but might not inioy the title or right of the Empyre to bee nominated Emperour without theyr confirmation geuen by the Pope Wherefore this foresayd Emperour because he vsed the emperiall dignitie in Italy before he was authorised by the pope the sayd Pope therefore excommunicated the Emperour And notwithstanding the Emperoure oftentimes did profer himself to make intreaty of peace and coÌcorde yet the Pope inflexible woulde not bend The writinges of both partes yet be extant wherein the sayd Byshop doth make his auaunt that he had full power to treat and depose kinges and Emperours at his pleasure In the same time were diuers learned men which seeing the matter did greatly disalow the Bishop of Romes doynges among whome was Guillerne Ocham whose tractations were afterward condemned by the Pope for writing agaynst the temporall iurisdiction of theyr see And an other named Marselius Patauius which wrote the booke intituled Defensor pacis geuen vp to the handes of the sayd Emperour wherein the controuersie of the Popes vnlawful iuiurisdiction in things temporall is largely disputed the vsurped authoritie of that see set forth to the vttermost It is found in some wryters that a great cause of this variaunce first began for that one of the Emperours secretaries vnknowing to the Emperour in certayne of hys letters had likened the Papal see to the beast rising out of the sea in the Apocalips At length when the Emperour after much sute made to the pope at Auinion could not obtayne his coronation comming to Rome was there receaued with great honour where he with his wife were both crowned by the full consent of all the Lordes and Cardinals there and moreouer an other pope there set vp called Nicholas the fift After which thinges done the Pope not long after departed at Auinion in France after whom succeeded then Benedictus 12. a monke of Benedicts order and rayned 7. yeares Who by the counsayle of Phillip the French kyng confirmed and prosecuted the censures and cursinges that Iohn his predecessour had published agaynst Lewes the Emperour Moreouer depriued him of his Emperiall Crowne and also of hys Dukedome of Bauaria The Emperour vpon this commeth to Germany and assembling the Princes electors Dukes Bishops Nobles and the learned in a councel at Francford there declared before them out of the auncient lawes and customes of the Empire how it standeth onely in the Princes Electours and in none other to elect the k. or the Emperors of the Romaines for in both these names was no difference so that the same Electors in chusing the king of the Romaynes did also elect and chuse the Emperour whiche Emperour so by them constitute had lawfull right without any information of the Apostolicall see to exercise the administration of the Empyre And if he were lawfully elect ought to be annoynted of the Romayne Byshop which if hee doe refuse then might hee be annoynted and declared Emperour and Augustus by any other Catholicke Bishoppe thereunto appoynted as by the olde maner and custome hath bene especially seeing these iniunctions are but certaine soleÌnities added and inuented by the bishops onely for a token of vnitie betweene the church
for that we had left so long vncorrected the insolencie of the byshops and other officers that if remedy in these cases were not had with spede they wold withdrawe themselues from our allegeance and the couenaunt which they had sworne vnto to the vtter subuersion of our kingdome our perpetuall ignominie and the euerlasting shame of our English nation which God our most mercifull father forbid shoulde come to passe in our daies in whom is fixed immoueably the anchor of our hope Whereuppon entending the due correction of our officers we remoued from offices as semed good to our wisdome diuers persons whom we suspected in causes euideÌt of euil administration of iustice of subuersion and oppressioÌ of our subiects of corruption of bribes and other hainous offences Others also of inferiour degree offending in the premisses we caused to be deteined in safe custody least by their liberty iustice might be troden vnder foote and the inquisition of the trueth concerning the premisses not to come to light Forasmuche therefore as the knowledge of the trueth in these cases might of none more certainly be knowen then from the secrete brest of our sayd Archbishop for that nothing pertaining to our information ought to lie hid from him vnto whome of so long a time had bene committed the administration of our whole common weale and summe of our businesse Wee sent vnto him our faithfull subiect Nicholas de Cantilupe with special commandement from vs all delayes set a part that he should forthwith make his personall appearance before vs at our City of London But he as one alwaies timerous as wel in prosperity as in aduersity and fearing where no feare was vntruely alleageth that some of our assistents had threatned hym and laid wait for his life if at any time he departed froÌ the Church of Cant. which God wee take to witnesse and a pure conscience wee neuer meant nor any of our assistents Wee suppose he touched thereby our Cousin although to all other aswell of the cleargy as comminalty through his malicious misdemeanors he was become odious Wherfore intending the safegarde of our subiects by letters or otherwise called before vs we appoynted our trustie and welbeloued Rasse Stafforde our Harbynger to offer vnto hym safeconducte and moreouer to present vnto him our letters patentes vnder our seale willing and commanding him therby againe personally to come before vs that we might be enformed what of so long a time hee had done touching the affaires of the kyngdome Wherunto contemning our commanndement gentle request he answereth that neither he wold in person appeare neither yet in any matter conferre wyth vs except it were in a full Parliament which for diuers reasonable causes coulde not then be called Thus may you see this archb whom our royal benignity had amplified wyth large honours admitted into all familiarity receiued into the bonde of vnnimitie and frendship vpon whome as on a father our whole hope did consist who so long as wee accomplished his will in all things pretended towardes vs a face of counterfet loue cloaked wyth dissembling beneuolence euen as though he had bene a louing father howe cruelly against reason he hath now forsaken vs requiting benefits with ingratitude oppressing his benefactour wyth the arrogancie of feare and finally according to the vulgare prouerbe rewarded vs as a horse in a satchell a Snake in a mannes bosome and fire cherished next the skinne rewardeth their receiuers When we were first exalted vnto the throne of our kingdome descended vnto vs by right of inheritaunce Gods diuine prouidence so working we thought and alwayes thinke it a detestable thyng to abuse so high authoritie but rather desire to gouerne wyth clemencie leuitie and moderation of iustice that peace of all men desired might firmely take place Neuerthelesse our sayde Archbyshop hath gone about to defame our innocencie and the fidelitie and diligence our faithfull counsailers prosecutours of true iustice openly declaring in hys letters patent and publishing abroade in diuers places that hee was oppressed by the kings power contrary to iustice the Clergy and comminaltie confounded and the church ouer charged wyth diuers grieuous taxes exactions He subtilly vsurped the name of a good pastour when in deede he was nothing lesse but rather as it should seeme by his owne coÌfession and the common opinion had of him a very hireling He cloked his craftie subtilnesse with the zeale of defending the Churche although he hymselfe in very deede was the onely cause by his euill counsaile and craftie deuises of the tribulations of the same Hee also fained that not long agoe certaine wrytings were brought vnto him to be sealed containing in effect the defence and excusation of all such in generall that were violaters of the liberties of the Churche hoping thereby to defame the opinion had of vs and our faythfull counsailours to stirre vp sedition amongst the people and finally to withdrawe from vs the hearts of our nobilitie Hee gaue commaundement by hys letters that these things shoulde be proclaimed in all places of great resorte by diuers speciall articles contrary to his former order in his prouinciall Councel Wherefore respecting the integritie of our fame entending to preuent the malice of the sayde Archbishoppe and also to decline from vs the snares prepared for vs and ours wee haue thought good at thys present ouer besides those which before are rehersed amongst so many which wee omitte to declare vnto you some of hys peruerse and wicked actes When in our minoritie wee were constituted ouer our dominions hee caused vs through hys vnaduised counsaile and rash perswasion therby to winne excesiue fauour to geue away so many wastfull giftes and so many vnlawfull alienations that nowe by meanes thereof our treasury is cleane consumed the reuenewes of our Exchequer without all order dimished and he corrupted with bribes innumerable Oftentimes also without cause why when neither necessitie nor vtilitie so required onely through his perswasion wee forgaue diuers men great summes of money due vnto vs yea and the rents and reuenewes which ought to haue bene conserued for our necessitie and profite we applied to the vse of his frendes largely bestowing vppon such as euill deserued it Moreouer accepting aswell persones as money contrary to our minde and hys othe of fidelitie made vnto vs he admitted vnto publique offices throughout our dominions persones vnworthy neglecting those that had well deserued Many other things he rashly tooke in hand to the detrimeÌt of our state the hurt of our dignitie royall and no smal dammage of our subiectes by abusing his authoritie office committed vnto him But if he persist in his proude obstinacie and stout rebellion wee shall heereafter in conuenient time and place cause it to be more openly knowen willing and commaunding you to publish and cause to be published all and singular the premisses openly and distinctly in places where you shall thinke it
or sequester thyngs geuen by Charte or charter when any doth vniustly occupye the same And so if that stand confirmed and ratified by the fayth of the Churche great occasion thereby should be ministred to men so chartered to trust to their temporall chartes and so might grow thereby much libertie and licence to sinne For like as by what supposition euery truth is necessary so by the same supposition euery false thyng is possible as it is playne by the testimony of Scripture of holy Doctours speakyng of necessitie of thynges to come 4. Euery man beyng in grace iustifying finally hath not onely right vnto the thyng but also for his tyme hath right in deede ouer all the good thynges of God The veritie hereof is euideÌt by holy Scripture Math. 24. Where veritie promiseth to euery maÌ entryng into his ioy verely sayth he I tell you he shall set place him ouer all the goodes he hath For the right and title beloÌgyng to the coÌmunion of Saintes in their countrey he meaneth in the kingdome of heauen Fundatur obiectiuè super vniuersitatem bonorum Dei That is Hath his relation as vnto his obiect to all the goodes and possession of God 5. A man can but onely ministratoriously geue any temporall dominion or gift perpetuall as well to his owne naturall sonne as to his sonne by imitation It is euideÌt For euery maÌ ought to recognise himselfe in all his workes and doyngs as an humble seruaunt and minister of God As the wordes of Scripture doth teach vs. Let a man so esteeme of vs as the ministers of Christ. Yea so Christ himselfe did teach his chief Apostles to minister but in their countrey the Saints shall geue vnto their felow brethren the dominion of their goodes vt pater de suis corporibus bonis eis inferioribus in natura accordyng to the wordes of Luke 6. They shall geue you and put into your bosomes a good measure and perfect well filled and heaped vp and runnyng ouer 6. If God be temporall Lordes may lawfully and meritoriously take away the goodes of fortune from the Church when they do offend habitualiter This conclusion is correlatiue with the first Article of our fayth I beleue in God the father almighty c. Where I vnderstand this word may in this conclusion after the maner of autentique Scripture which sayth graunteth that God is able of these stones to rayse vp children to Abraham for otherwise all Christian Princes were heretiques For this conclusioÌ thus staÌdeth the reason If God be he is omnipoteÌt if he be almighty he is able to commaunde the Lordes temporall so to do if he way so commaunde theÌ may they lawfully so take away such goods c. And so by the vertue of the same principle Christian Princes haue practised the sayd sentence vpon the Church meÌ heretofore as did William Rufus c. But God forbid that any should beleue hereby my intention to haue bene that secular Lords may lawfully take away what goodes soeuer and by what meanes soeuer by their owne naked authority at theyr pleasure but only by the authority of the church may so do in cases and forme limited by the law 7. We know that it is not possible that the vicare of Christ is able by his pure Bulles c. This is manifest by the Catholique faith for asmuch as the Church doth fully beleue that the abling of any maÌ ought first to procede and come of God wherfore no man being Christ his vicar hath any power in this matter but onely as vicar in the name of the Lord so far forth as he is enabled of the Lord to notify vnto the church whom God hath enabled Wherfore if any maÌ do any thing not as vicar in the name of the Lord whom he ought to forethinke to be his author and head It is a presumption of Lucifer for so much as Christ by his Apostle sayth 1. Cor. 3. all our hability or sufficiency coÌmeth of God And so consequently it commeth not purely by the ministerie of hys Uicarship that he is inabled but the ablenesse or vnablenesse of him being the Uicar of Christ commeth to hym an other way from aboue 8. A man can not be excommunicate to his hurt or vndoing except he be excommunicate first and principally of himselfe It is euident forasmuch as all such excommunication ought to procede begin originally of his owne sin which is damnified wherupon Augustine sayth De verbis Domini Sermone 51. Doe not thou conculcate thy selfe and man ouercoÌmeth thee not And moreouer the faith of the church doth teach quòd nulla ei nocebit aduersitas si nulla dominetur iniquitas that is to say No aduersitie shall hurt if no miquitie haue the vpper hand And yet notwithstanding euery excommunication for many causes is also to be reared although that the excommunication of the Churche to the humble man being excommunicated be not damnable but wholesome 9. No man ought but in Gods cause alone to excommunicate suspende c It is cleare for asmuch as euery iust cause is the cause of God whose respect ought chiefly to be wayed and pondered Yea the loue of the person excommunicate ought to surmount the zeale of reuengement and the desire of all temporall goodes whatsoeuer for otherwise he that doeth excommunicate doth damnify himselfe To this 9. conclusion notwithstanding it is congruent that a Prelate may excommunicate in the cause also of man so that his principal respect in so doing be had to yâ iniury done to his God as appeareth 13. quaest 4 Inter querelas 10. No curse or excommunication can binde simply but in case it be geuen out against the aduersary of Christes lawe And it appeareth thus because that God doth bynde simply euery one that is bound who cannot excommunicate but onely for traÌsgression of his law Whereunto it is consonant notwithstanding that the censure of the Church doth not binde simply but secondarely in that case and respect as it is denounced against the aduersary of the members of the Church 11. There is no example of Christ which geueth power to hys disciples to excommunicate any subiecte especially for denying of any temporalties but contrary Which is thus declared by the fayth whereby we beleue that God is to be beloued aboue all thynges and our neighbour and enemy are to be beloued aboue all teÌporall goodes of this world necessaryly for the law of God cannot be contrary vnto it selfe 12. The disciples of Christ haue no power by any ciuill coaction to exact temporall things by their censures This appeareth by the fayth of the Scripture Luke 23. Where Christ did forbid hys Apostles ciuilly to raigne or to beare any lordship The kings sayth he of the Gentiles beare rule ouer them but you not so And after thys sense it is expounded of S. Bernarde of S. Chrysostome and other holy men which conclusion notwithstanding yet may they exact
if that you shall apprehend by personall citation the sayd Nicholas and Phillip or either of them or whither they shall be absent and hide themselues as of euery thing els which in this behalfe you shall thinke meete to be done that betweene this and the feast of S Laurence you clerely certifie vs by your letters patentes contayning the effect of these thinges Fare ye well At our Manour of Lambeth the 13. day of Iuly the yeare of our Lord. 1382. and first yeare of our translation * The names of the Doctours and Fryers assistentes at this sitting Seculars M. William Blankpayne M. Wil. Barton Friers Carmelits Robert Euery prior Iohn Reningham prior and Iohn Lunne Friors Minors William Barnwel Iohn Ryddin and William Brunscombe Friers Augustines Iohn Court Patrington Tomson and Reepes Against this blind excommunication of the said archb the parties excommunicate commeÌced and exhibited their appeale vnto the bishop of Rome Which appeale of theirs as insufficient or rather to him vnpleasaunt the said archbishop vtterly reiected as might ofteÌtimes ouercommeth right proceeding in his preconceaued excommunication against theÌ and writing moreouer his letters to hym that should preach next at Paules crosse as is aforesaid to denounce and to publishe openly the said Nicholas Herford and Phillip Repington to be excommunicate for that not appearing and theyr terme assigned Which was in the 13. day of the month of Iuly Which archbishop moreouer the said yeare month and day aforesaid sent also an other letter to M. Rigge Commissary of Oxford straightly enioyning and charging him not onely to denounce the sayd sentence of excommunication and to geue out publique citation against them but also to make dilligent search and inquisition through all Oxford for them to haue them apprehended and sent vp to him personally before him to appeare at a certain day prescribed for the same Wherby may appeare howe busie this Bish. was in disquieting persecuting these poremeÌ whoÌ rather he should haue nourished and cherished vs his brethren But as his labour is past so his reward will follow at what day the great Archbishop of our soules shall iudicially appeare in his tribunall seat to iudge both the quick and the dead The archb yet not contented with this doth moreouer by all meanes possible sollicite the king to ioyne withall the power of his temporall sword for that he well perceaued that hitherto as yet the popishe Clergy had no authoritie sufficient by any publique law or Statute of thys land to proceede vnto death against anye person whatsoeuer in case of Religion but onely by the vsurped tyranny and example of the court of Rome Where note gentle reader for thy better vnderstanding the practise of the romish prelates in seeking the kinges help to further their bloudy purpose against the good saintes of God Which king being but young and vnder yeares of ripe iudgement partly enduced or rather seduced by importune suite of the foresayd Archbishop partly also eyther for feare of the Bishoppes for kings cannot alwayes doe in their realmes what they will or els perhaps entised by some hope of subsidie to be gathered by the Clergy was contented to adioyne his priuate assent such as it was to the setting downe of an ordinaunce which was in deede the very first lawe that is to be found made against Religion and the professors thereof bearing the name of an Acre made in the Parliament holden at Westminster Anno. 5. Rich. 2. where among sundry other Statutes then published and yet remayning in the printed bookes of Statutes this supposed Statute is to be found Cap. 5. vltimo as followeth Item forasmuch as it is openly knowne that there be diuerse euill persons within the realme going from county to countie and from Towne to Towne in certayne habites vnder dissimulation of great holinesse and without the licence of the ordinaries of the places or other sufficient authoritie preaching dayly not onely in Churches churchyardes but also in markets fayres and other open places where a great congregation of people is diuers sermons contayning heresies and notorious errours to the great emblemishing of Christen fayth and destruction of the lawes and of the estate of holy Churche to the great perill of the soules of the people and of all the realme of England as more plainly is found and sufficiently proued before the reuerend father in God the Archbishop of Caunterbury and the bishops and other prelates maisters of Diuinitie and doctors of Canon of ciuil law and a great part of the clergy of the said Realme specially assembled for this great cause which persons do also preach diuers matters of slander to engender discorde and discention betwixt diuers estates of the said realme as well spirituall as temporall in exciting of the people to the great perill of all the Realme which preachers cited or summoned before the ordinaries of the places thereto aunswere of that whereof they be impeached they will not obey to their sommons commandementes nor care not for their monitions nor censures of the holy Church but expressely despise them And moreouer by their subtile and ingenious wordes doe drawe the people to heare theire Sermons and doe mayntayne them in their errours by strong hand and by great rowtes It is ordayned assented in this present parliament that the kinges commissions be made and directed to the Sheriffes and other ministers of our soueraigne Lord the king or other sufficieÌt persons learned and according to the certifications of the prelates therof to be made in the Chauncery from time to time to arest all such preachers and also their fautours mayntaynours and abbertours and doe hold them in arrest and strong prison till they wil iustify to them according to the law and reason of holy Church And the king will and commaund that the Chauncellour make such commissions at all times that he by the Prelates or any of them shal bee certified and thereof required as is aforesaid An examination of the foresayd supposed Statute and of the inualiditie therof WHich supposed statute for as muche as it was the principall ground whereuppon proceeded all the persecution of that time it is therefore not impertinent to examine the same more perticularly wherby shall appeare that as the same was fraudulently and vnduly deuised by the Prelates onely so was it in like maner most iniuriously and vnorderly executed by them For immediately vpon the publishing of this lawe without further warrant eyther from the king or his councell commissions vnder the great seale of England were made in this forme Richard by the grace of God c. vt patet act pag. 541. Witnesse my self at Westminster the 26. day of Iune in the sixt yeare of our raigne Without more wordes of warrant vnder written such as in like cases are both vsuall and requisite Viz. per ipsum Regem per Regem Concilium or per breue de priuato
sayd Henry was voyde and of none effecte and commaundement geuen that the sayd Henry shoulde be restored and admitted agayne to his former lectures and scholasticall actes and to his pristine state as you knowe To the intent therefore that this decree aforesaid shoulde be more duely executed of your part we heare by these presentes straightly charge and commaund you That you speedily reuoking agayne all your processe against the sayd Henry in the vniuersitie aforesayd with all other that followed thereof doe admitte and cause to be restored agayne the sayd Henry to his scholasticall actes his accustomed lectures and pristine estate without all delay according to the forme of the decree and determination aforesayd Enioyning you moreouer and your commissaries or deputies and your successoures and all other maisters regent and not regent and other presidentes officers ministers and scholers of the vniuersitie aforesayd vpon your faith and legeance you owe vnto vs that you doe not impeache molest or greeue or cause to be greued any maner of way priuy or apertly the sayd Frier Henry for the causes premised or Frier Peter Stokes Carmelite for the occasion of his absence from the vniuersitie or Fryer Stephen PackingtoÌ Carmelite or any other religious or secular person fauouring them vpon the occasion of any eyther word or deed whatsoeuer concerning the doctrine of maister Iohn Wickliffe Nicholas Herford and Phillip Repindon or the reprose and condemnation of their herefies and erroures or the correction of their fauourers But that you doe procure the peace vnitie and quiet within the sayd vniuersitie and chiefly betweene the religious and secular persons and that you with all diligence nourishe encrease and preserue the same to the vttermost of your strength And that you in no case omitte to doe it accordingly vppon the forfaytures of all and singular the liberties and priuiledgies of the vniuersitie aforesayd Witnesse my selfe at Westminster the 14. day of Iuly Mention was made as you heard a little before how M. Rigges Vicechancellor of Oxford comming vp wyth M. Bryghtwell to the archb of Cant. was there straightly examined of the conclusions of Wickliffe Where he notwithstanding through the helpe of the B. of Wint. obtayned pardon and was sent away agayn with commaundementes and charges to seeke out all the fauorers of Iohn Wickliffe This commaundement being receaued Nicholas Herford and Phillip Repington being priuily warned by the sayd Vicechauncellor in the meane season coÌueied them out of sight and fled to the Duke of LaÌcaster for succour help but the Duke whether for feare or what cause els I cannot say in the end forsooke his poore and miserable clientes In the meane time while they were fled thus to the Duke great search and inquisition was made for them to cite and to apprehend them where so euer they might be found Wherupon the archb of W. Courtney directed out his letters first to the Vicechauncellor of Oxford then to the Bishop of London named Rob. Braybrokeâ charging them not onely to excommunicate the sayd Nicholas and Phillip within their iurisdiction and the sayd excommunication to be denounced likewise throughout all the dioces of his suffraganes but also moreouer that dilligent search and watch should be layd for them both in Oxâorde and in LondoÌ that they might be apprehended requiring moreouer by them to be certified agayne what they had done in the premisses And thys was written the 14. day of Iuly an 1382. Ex Regist. Vnto these letters receaued from the archbishop dilligent certificat was geuen accordingly as well of the Byshop of London his part as also of the Vicechauncelloâ the tenour whereof was this * The letter certificatorie of the Vicechauncellor to the Archbishop TO the reuerend father in Christ Lord William Archbishop o Caunterbury Primate of all England and Legate of the Apostolique see Rob. Rigges professour of diuinitie and Vicechancellor of the vniuersitie of Oxforde greeting with due honour Your letters bearing the date of the 14. of Iuly I haue receaued By the authoritie wherof I haue denounced and caused to be denounced effectually the foresayd Nicholas and Phillip to haue bene and to be excommunicate publikely and solemnly in the Church of S. Mary and in the schooles and to be cited also personally if by any meanes they might be apprehended according as you commaunded But after dilligent search layd for them of my part to haue them personally cited and apprehended I coulde not finde neyther the sayd M. Nicholas not M. Phillip who haue hyd or conuayed themselues vnknowing to me as here is well knowne Whereof I thought here to geue signification to your Fatherhoode Sealed and testified with the seale of mine office From Oxford the 25. of Iuly In yâ meane time Nicholas Herford and Repington being repulsed of the Duke and destitute as was sayde of his supportation whether they were sent or of theyr owne accorde went to the archbish it is vncertayne This I finde in a letter of the foresayd archbishop contayned in his register that Repington the the 23. day of October the same yeare 1382. was reconciled agayne to the Archbishop and also by his generall letter was released and admitted to his scholasticall actes in the vniuersitie And so was also Iohn Ashton of whom Christ willing more shall follow hereafter Of Nicholas Herford all this while I finde no speciall relation In the meane time about the 23. of the month of September the sayd yeare the king sent his mandate to the Archbishop for collecting of a subsidie and to haue a conuocation of the clergie sommoned against the next parliament which should begin the 18. day of Nouember The Archb. likewise on the 15. day of October directed his letters monitorie as the maner is to Robert Braybroke bishop of London to geue the same admonition to al his suffraganes and other of the Clergie within his prouince for the assembling of the conuocatioÌ aforesayd All which done and executed the parliameÌt begon being holden at Oxford the 18. day of Nouember where the conuocation was kept in the Monastery of Frideswide in Oxforde In the which conuocation the Archbishop with the other bishops there sitting in their Pontificalibus declared two causes of that their present assembly whereby sayth he to represse heresies which began newly in the realme to spring and for correcting other excesses in the Churche The other cause sayd he was to ayde and support the king with some necessary subsidie of mony to be gathered whiche thus declared the conuocation was continued till the day following which was the 19. of Nouember At the sayd day and place the Archbishop with the other Prelates assembling themselues as before The archbishop after the vsed solemnitie willed the procuratoures of the clergy appoynted for euery dioces to consult within themselues in some conuenient seuerall place what they thought for theyr partes touching the redresse of thinges to be notified and
the olde vnto the young namely men of holy Church breken his hest and few Bishoppes pursuen hem therfore The 15. Article is this that I shoulde haue taught to true men of Christ that on no maner they should worship the Image of him that was done on the crosse or the Image of the blessed mayd his mother or of other Sayntes into honor and worship of the same ordeinet in the minde of them And oft sithes the worshipper of such Image he has reprouet saying and strongly affirming that Church men sinnen and done Idolatry This conclusion haue I not sayd in these termes But this I say with protestation that God commauÌdes in his law in diuers places Exod. 20. Leuit. 19. 26. Deut. 5. 7. Tobiae 1. Baruc. 6.2 ad Corin. 10. Esay 45. Iere. 2.6.8 10.22 vltimo Sapient 13. 14. 15. Mac. 5. Threnorum 4. postremo that men should not worshippeÌ grauen Images that ben werkes of mens handes And also he bids that meÌ should not make to hem grauen Images in likenesse of the thinges that bene in heauen to that end to worshippen hem sethen neither God ne Christ by his manhood gaue neuer commaundement to make thes Images ne expresse counsell ne his Apostles in all his law ne to worship such that bene made But wel I wote that by mens owne relation that haue misbeleuet in hem that many meÌ sinnen in manmetry worshipping such dead Images Notforthy to tho men bene Images good to whom they bene but kaleÌdars and through the sight of hem they knowen the better and worshippen oft God and his Saints And to such meÌ they done harme that setteÌ her hope and trust in hem or done any worship to hem agaynst Gods law his hest Vnde ait Gregorius in Registro libro 10. in Epistola ad Serenum Episcopum Si quis imagines facere voluerit minimè prohibe adorare omnino prohibe Sed hoc solicitè fraternitas tua admoneat vt ex visione rei gestae ardorem compunctionis percipiant vt in adoratione totius trinitatis prosternantur These conclusions poyntes and articles that I haue vnder protestation in this booke affirmed I will stand by hem and maintayne hem with the grace of almighty god to the time that the coÌtrary be prouet dewly by Gods law And this protestation I make for my fayth and my beliefe as I did the beginning that whensoeuer this worshipfull or any other ChristeÌ man shewes me verayly by gods law the contrary of this I will holy forsake hem and take me to the veray trouth and better vnderstanding of wiser men redy to be amended by the law of Iesu Christ and be a true Christen man faythfull sonne of holy church And of these I beseech you all bere witnes where ye commen Subsequenter vero quia fide dignorum relatione recepimus quod idem Gulielmus Swinderby latitabat quo minus posset in propria person a citari ipsum Gulielmum vijs modis per Edictum publicum ad instar albi praetoris in Ecclesia nostra cathedrali Herfordensi parochialibus ecclesijs de Kington Croste Whitney nostrae diocesis vbi idem Gulielmus solebat commorari citari fecimus prout quemadmodum in modo citatorio continetur cuius tenor sequitur in haec verba ¶ The Citation IOhn by Gods permission Byshop of Hereford to his deare sons our Deane of Leamster to the persons of Croft Almaly and Whitney and also to the Vicars of Kingston Iardersley Wiggemore and Monmouth Clifford and of S. Iohns aultar in our cathedrall Church of Hereford and to the rest of the Deanes Parsons Vicars Chapleines parish Priestes and to other whosoeuer in any place are appoynted through our city and dioces of Hereford sendeth greeting grace and benediction We bid and commaund charging you straitly in the vertue of holy obedience that you cite or cause to be cited peremptorily and vnder the payne of excommunication William Swinderby pretending himselfe to be a Priest That he appeare before vs or our Commissaryes the 20. day of this present moneth of Iuly at North Lodebury within our dioces which the continuance of the dayes following in other places also to be assigned vnto him if it be expedient till such thinges as haue bene and shall be layde agaynst him be fully discussed to aunswere more at large to certayne positions and articles touching the Catholicke fayth and the holy mother Churches determination that haue bene exhibited and ministred vnto the sayd William And to see and heare also many thinges that haue openly in indgement before vs and a great number of faythfull Christians by him bene euen in writing confessed to be condemned as hereticall false schismaticall and erroneous And to see and heare positions and Articles denied by the sayd William to be proued by faythfull witnesses and other lawfull trials against the sayd William And to receiue for his false hereticall erroneous and schismaticall doctrine that iustice shall appoynt or els to shew causes why the premisses shoulde not bee done And if the sayd William lieth priuely or els cannot be so cited in his proper person we will that in your Churches when most people shall then come together to diuine seruice you opeÌly with a loud voyce and that may be vnderstanded cause the said William peremptorely to be cited vnto the premisses certifying the same William that whether he shall appeare the day and place appointed or no we notwithstanding will proceed vnto the premisses agaynst the sayd William according to the canonicall decrees by forme of law in the absence or contumacy of the sayde William notwitstanding We will moreouer if the sayd William shall appeare at the sayd day and place as is aforesayde before vs frendly heare him and honestly and fauorably as farre as we may with Gods leaue deale with him graunting free licence to come and to go for his naturall liberty without any hurt either in body or goods And see that you fully certify vs of the thinges that you or any of you shall do about the execution of this our commaundement and that by your letters patentes signed with your seale autenticall geuing also faythsully to the sayde William or to his lawfull Proctor if he require it a copye of this our present commaundement Geuen at our house of Whitburne vnder our seale the fift day of the moneth of Iuly in the yeare of our Lord. 1391. ¶ The act of the first day On Thursday the xx of Iuly in that yeare of the Lord aforesaid We in the parish church of North Lidebury afore sayd about 6 of the clocke sitting in iudgement after that it was reported vnto vs how the foresayd WilliaÌ was personally taken and lawfully cited Caused the sayd William then and there openly in iudgement to be called out to do heare and receiue such thinges wherto he was afore cited to do otherwise
rooted out or otherwise punished by any that hath authoritie and the feare and loue of God And also they are not afrayd openlye to write the same articles and so being written to deliuer theÌ to your kinglye parliament and obstinately to affirme the same The venemous and disdainfull recitall of which articles vpon good aduisement at this present we passe ouer lest the sufferaunce of such sensualitie might fortune to renue the wouÌd that reason may heale Yet notwithstanding least so great and contagious an euil should escape vnpunished and that without deserued vexation and also that it might not get more hart and waxe stronger we therefore according to that our office and duetie is where such neglygence and sluggishnes of our prelates being present where this thing is do commit and geue in commaundemeÌt to our reuerend brethren Canterbury and Yorke Archbishops by other oure letters that they stand vp in the power of God agaynst this pestilent and coÌtagious sect and that they liuely persecute the same in forme of lawe roote out and destroy those that aduisedly and obstinately refuse to withdraw their foote froÌ the same stumbling block any restraint to the contrary notwithstanding But because the assistance counsaile fauour and ayde of your kingly estate highnes are requisite to the execution of the premisses we require exhort and beseech the same your princely highnes by the bowels of the mercy of Iesus Christ by his holy fayth by your owne saluation by the benefit that to all men is common and by the prosperitie assured to euery man and woman that not onelye your kingly seueritie may readily shewe and cause to bee shewed vnto our Archbishops and their Commissaries in this behalfe requyring the foresayd due execution conuenient ayd and fauour as otherwise also to cause them to be assisted But that also you wil enioyne your Magistrates and Iustices of assise and peace more straightly that of their owne good wils they execute the authoritie committed vnto theÌ with al seueritie against such damned men according as they are bouÌd by the office which they are put in trust with Against those I mene which haue determyned obstinatly to defile theÌselues in their malice and sinnes those to expell banish and imprison and there so long to keepe them til coÌdigne sentence shall pronounce them worthye to suffer punyshment For your kingly wisedome seeth that such as they be do not only deceiue poore simple souls or at the least do what they can to deceiue theÌ but also bring their bodies to destructioÌ and further prepare confusion and ruinous fall vnto their temporall Lordes Go to therefore my sweete sonne and indeuour your self to worke so in this matter as vndoubtedly we trust you will that as this firebrand burning and flaming ouer sore beganne vnder your president or gouernment so vnder your seuere iudgement and vertuous diligence might fauour and ayde not one sparke remaine hid vnder the ashes but that it be vtterlye extinguyshed and spedely put out ¶ Geuen at our palace of S. Peter at Rome the xv Calendes of October in the sixt yere of our pontificalitie ¶ The Kynges Commission RIchard by the grace of God kyng of Englande Fraunce and Lorde of Irelande To all those vnto whom these present letters shall come greeting Know ye that where as lately at the instance of the reuerend father William Archbishop of Caunterbury Metropolitane of all England and Legate of the Apostolycal seate we for the redresse and amendement of all those whych would obstinately preach or maintaine publiquely or priuely any conclusions of the holy scripture repugnant to the determynatioÌ of our holy mother the church notoriously redounding to the subuersion of the Catholique faith or coÌtaining any heresie or errour within the prouince or bishopricke of CaÌterburie Haue by our special letters patents in the zeale of the fayth geueÌ authoritie and licence vnto the foresayd Archbishop to all and singular his suffraganes to arest all and euerye of them that will preach or maintaine any such coÌclusions wheresoeuer they may be found and to coÌmit them either to their owne prisons or any others at their owne pleasure and to kepe theÌ in the same vntill they repeÌt them of the errours prauities of those heresies or til that of such maner of arests by vs or by our counsayle it shoulde be otherwise determined that is to say to euery one of them and their ministers throughout their cities and dioces And nowe the reuereÌd father in god Iohn B. of Herford hath for a certaintie informed vs that although the same B. hath accordinge to iustyce coÌuinced a certain felow named W. Swinderby pretending himself to be a chaplaine one StepheÌ Bell a learned man and hath pronounced theÌ heretikes and excoÌmunicate false informers among the coÌmon people and hath declared the same by the definitiue sentence of the aforesaid bishop for that they haue presumed to affirme and preach openly in diuers places within the dioces of Herford many conclusions or naughty opinions notoriously redounding to the subuersion of the Catholike sound faith and tranquilitie of our kingdome The same Bishop notwithstandinge neyther by the ecclesiasticall censures neyther yet by the force and strength of our coÌmission was able to reuoke the foresaid William and Stephen nor yet to bridle the malice and indurate contumacie of them For that they after that they were vpon such heretical prauitie conuict by the same bishop to the intent they might delude his iudgement and iustice conueyed theÌselues by and by vnto the borders of Wales with suche as were their factours and accomplices in keping themselues close vnto whoÌ the force of our said letters doth in no wise extende Whereupon the sayde Bishop hath made supplycation vnto vs that wee will vouchsafe to prouide a sufficient remedye in that behalfe Wee therfore which alwayes by the helpe of almightie God are defeÌdours of the fayth willing to withstand suche presumptuous and peruerse enterprises by the most safest way and meanes we maye geue and coÌmit full power and authoritie to the foresayd bishop and to his ministers by the tenour of these presents to arrest or take or cause to be arrested or taken the foresayde William and Sthephen in any place within the citie dioces of Hereford and our dominioÌ of Wales with al the speede that may be and to coÌmit theÌ either to our prison or els to the prison of the same bishop or any other prison at their pleasure if such neede bee and there to keepe theÌ safe And afterwards vnles they will obey the commaundements of the Church with dilygence to bring them before vs and our couÌsel or els cause them to be brought That we may determine for their further punishment as we shall thinke it requisite conuenient to be done by the aduise of our couÌsell for the defence and preseruation of the Catholike faith And
called vnto him the Archbishop of Yorke Richard London Henry Winchester Robert Chichester Alexander Norwich the noble prince Edmond the Duke of Yorke Rafe Earle of Westmerland Thomas Beaufort Knight Lord Chancellour of England and the Lord Beamond with other noble men as well spirituall as temporall that stood and sate by whome to name it would be long Before whome the said Iohn Badby was called personallie to answere vnto the Articles premised in the foresaid instrument Who when he came personallie before them the articles were read by the Officiall of the court of Cant. and by the Archb. in the vulgare tong expounded publikely and expresly and the same Articles as he before had spoken and deposed he still held and defended and said that whilest he liued he would neuer retract the same And furthermore he said specially to to be noted that the Lord duke of Yorke personallie there present as is aforesaid and euery man els for the time beeing is of more estimation and reputation then the Sacrament of the aulter by the priest in due forme consecrated And whilest they were thus in his examination the Archbishop considering and waying that he would in no wise be altered and seing moreouer his countenance stout and hart confirmed so that he began to persuade other as it appeared in the same These things considered the Archprelate wheÌ he saw that by his allurements it was not in his power neither by exhortations reasons nor arguments to bring the said Iohn Badbye from his constant truth to his Catholique faith executing and doing the office of his great maister proceeded to confirme and ratifie the former sentence giuen before by the Bishop of Worcester against the said Iohn Badby pronouncing him for an open and publique hereticke And thus shifting their hands of him they deliuered him to the secular power and desired the sayd temporall Lords then and there present verie instantlie that they would not put the same Iohn Badby to death for that his offence nor deliuer him to be punished or put to death in yâ presence of all the Lordsabone recited These things thus done and concluded by the Bishops in the forenoone on the afternoone the Kings writte was not far behind By the force wherof I. Badby still perseuering in his constancie vnto the death was brought into Smithfield and there being put in an emptie barrell was bound with iron chaines fastened to a stake hauing drie wood put about him And as he was thus standing in the pipe or tonne for as yet Cherillus Bull was not in vre among the bishops it happened that the Prince the kings eldest sonne was there present Who shewing some part of the good Samaritane began to endeuour and assay how to saue the life of him whome the hypocriticall Leuites and Phariseis sought to put to death He admonished and counsailed him that hauing respect vnto himselfe he should spedelie withdraw himselfe out of these dangerous Laberinths of opinions adding oftentimes threatnings the which might haue daunted anie mans stomacke Also Courtney at that time Chancellor of Oxford preached vnto him and enformed him of the faith of holie Church In this meane season the Prior of S. Bartlemewes in Smithfield brought with all solemnitie the Sacrament of Gods body with twelue torches borne before and so shewed the Sacrament to the poore man being at the stake And then they demanded of him how he beleeued in it he answering that he knew well it was halowed bread and not gods body And then was the tunne put ouer him and fire put vnto him And when he felt fire he cried mercie calling belike vpon the Lord and so the Prince immediatelie commanded to take awaie the tunne and quench the fire The Prince his commandement being done asked him if he would forsake heresie to take him to the faith of holie Church which thing if he would doo he should haue goods inough promising also vnto him a yearelie stipend out of the kings treasurie so much as should suffice his contentation ¶ The description of the horrible burning of Iohn Badby and how he was vsed at hys death This godly Martyr Iohn Badby hauing thus consummate his testimony and martyrdome in fire the persecuting Bishops yet not herewith contented and thinking themselues as yet eyther not strong inough or els not sharpe enough agaynst tht poore innocent flock of Christ to make all thinges sure and substantiall on theyr side in such sorte as this doctrine of the Gospell nowe springing should be suppressed for euer layd theyr conspiring heads together hauing now a king for theyr own purpose ready to serue theyr turn in all poynts during the time of the same ParliameÌt aboue recited yet coÌtinuing the foresayd bishops and clergy of the realme exhibited a Bul vnto the kings maiestie subtily declaring what quietnes hath ben mayntayned within this realme by his most noble progenitours who alwayes defended the auncient rites and customes of the Church and enriched the same with large gifts to the honor of God and the realme and contrariwise what trouble and disquietnes was now risen by diuers as they termed them wicked and peruerse men teachinge and preachinge openlye and priuilye acertayne new wicked and hereticall kinde of doctrine contrary to the Catholicke fayth and determination of holye Church whervpon the king alwayes oppressed with blynd ignoraunce by the crafty meanes and subtile pretences of the clergie graunted in the sayd Parliament by consent of the nobilitie assembled a statute to be obserued called Ex officio as followeth The Statute Ex officio That is to say that no man within this Realme or other the kinges maiesties dominions presume or take vpon him to preach priuily or apertly without speciall licence first obteyned of the ordinary of the same place Curates in theyr owne parishe Churches and persons heretofore priuiledged and others admitted by the Canon law onely excepted Nor that any hereafter do preach mayntayne teach informe openly or in secret or make or write any booke contrary to the catholique fayth and determination of the holy Church Nor that any hereafter make anye conuenticles or assemblies or keepe and exercise anye maner of schooles touching this sect wicked doctrin and opinion And further that no man hereafter shall by any meanes fauour anye such preacher any such maker of vnlawfull assemblies or any such booke maker or writer and finally any such teacher informer or stirrer vp of the people And that all and singuler persons hauing anye the sayd bookes writinges or schedules contayning the sayd wicked doctrines and opinions shall within forty dayes after this present proclamation and statute really and effectually deliuer or cause to be deliuered all and singuler the sayd bookes and writinges vnto the ordinary of the same place And if it shall happen anye person or persons of what kinde state or condition soeuer he or they be to doe or attempt anye manner of thing contrarye to this
present proclamation statute or not to deliuer the same books in forme aforesayd That then the ordinary of the same place in his owne diocesse by authoritie of the sayd proclamation and statute shall cause to be arested and deteined vnder safe custody the sayd person or persoÌs in this case diffamed and euidently suspected or any of them vntill he or they so offending haue by order of lawe purged him or themselues as touching the articles layd to hys or theyr charge in this behalfe or vntill he or they haue denyed and recanted according to the lawes ecclesiasticall the sayd wicked sect preachinges teachinges and hereticall and erroneous opinions And that the sayd ordinary by himselfe or his Commissaries proceede openly and iudicially to all the effect of law agaynst the sayd persons so arested and remayning vnder safe custody that he end and determine the matter within three monethes after the sayd arest all delayes and excuses set apart according to the order and custom of the Canon law And if any person in any cause aboue mentioned shal be lawfully conuicted before the ordinary of the diocesse or hys Comissaries that then the sayd Ordinary may lawfully cause the sayd person so conuicted according to the maner and quallitie of hys fact to be layd in any of his owne prisons and there to be kept so long as to hys discretion shall be thought expedient And further the sayd Ordinary except in cases by the which according to the Canon law the party offending ought to be deliuered to the seculer power shall charge the sayd person wyth such a fine of mony to be payd vnto the kinges maiestye as he shall thinke competent for the maner and quallitie of his offence And the sayd diocesan shal be bound to geue notice of the sayd fine into the kinges maiesties Eschequer by hys letters patent vnder his seale to the intent that the sayd fine may be leuied to the kinges maiesties vse of the goodes of the person so conuict And further if any person within this realme and other the the kinges maiesties dominion shal be conuicted before the Ordinary of the place or hys Comissaryes of the sayd wicked preachinges doctrines opinions schooles and hereticall and erroneous informations or any of them and will refuse to abiure and recant the sayd wicked sect preachings teachings opinions schols and informations Or if after hys abiuration once made the relapse be pronounced agaynst hym by the diocesan of the place or hys Commissaryes for so by the Canon law he ought to be lefte to the secular power vpon credite geuen to the ordinary or hys Commissaries That then the Sheriffe of the same Countie the Mayor Sheriffes or Sheriffe or the Mayor or Baliffes of the same Cittie village or Borough of the same County and neerest inhabiting to the sayd Ordinary or hys sayd Commissaryes shall personally be present as oft as they shal be required to conferre with the sayd Ordinary or his commissaries in geuing sentence against the sayd persons offending or any of them And after the sayd sentence so pronounced shall take vnto them the sayd persons so offending and any of them and cause them openly to be burned in the sight of all the people To the intent that this kinde of punishment may be a terror vnto others that the like wicked doctrines and heretical opinions or the authours and fauourers thereof be no more mayntayned within this Realme and dominions to the great hurt which God forbid of Christian religion and decrees of holy Church In which all and singuler the premisses concerning the statute aforesayd Let the Sheriffes Mayors and Bayliffes of the sayd Counties Cities Villages and Boroughes be attendant ayding and fauoring the sayd Ordinaryes and theyr Commissaries By this bloudy statute so seuerely and sharply enacted agaynst these simple men here hast thou gentle Reader a little to stay with thy selfe and to consider the nature and condition of this present world howe it hath bene set and bent euer from the beginning by all might counsayle and wayes possible to striue agaynst the wayes of God and to ouerthrow that which he will haue set vp And althogh the world may see by infinite storyes and examples that it is but in vaine to striue against him yet such is the nature of this world all set in malignitie that it will not cease still to be like it selfe The like law and statute in the time of Dioclesian and Maximinus was attempted as before appeareth pag. 83. for the more strength were writteÌ also in tables of brasse to the entent that the name of Christ should vtterly be extincted for euer And yet the name of Christ remayneth where that brasen lawe remayned not three yeres The which law writteÌ theÌ in brasse although it differ in maner form from this our statute Ex officio yet to the same ende cruelty to spill the bloud of saintes there is no difference betweene the one and the other Neither is there anye diuersitie touching the first originall doer and worker of theÌ both For the same Sathan which then wrought his vttermost agaynst Christ before he was bound vp the same also now after his loosing out doth what he can though not after the same way yet to the same intent For then ãâã outward violence as an open enemy he did what he could Now by a more couert way vnder the title of the Church he unpugneth the Church of Christ vsing a more subtile way to deceaue vnder gay preteÌsed titles but no lesse pernicious in the end wherto be shouteth as well appeareth by this bloudy statute Ex officio the sequell wherof cost afterward many a Christen mans life As in processe of story remayneth more hereafter Christ willing to be declared Furthermore for the more fortification of this statute of the king aforesayd concurreth also an other constitution made much about the same tyme by the Archb. of Canterb. Thomas Arundell So that no industrye nor pollicy of man here did lack to set the matter forward but specially on the bishops partes who left no meanes vnattempted how to subuert the right wayes of the Lord. First in most dilligent and exquisite execution of the kinges statute set foorth the execution whereof they did so exactly apply that maruell it is to consider all other laws of kinges commonly be they neuer so good to be so coldly kept and this onely among all the rest so neerely followed But herein is to be scene the dilligence of the romishe Prelates which neuer let any thing to fal that maketh for the dignity of their estate Secondly beside theyr vigilant care in seeing yâ kinges statute to be executed No lesse industrious also were they in adding thereunto moâ constitutions of theyr owne as from time to time appeareth as wel by other Archbishops hereafter and by Pope Martine as also by this constitution here present made by Thomas Arundell the Archb. But before we enter
for els as this Doctor saith priests take now tithes wrongfully ¶ And the archb said to his clarkes Heard ye euer Losell speake thus Certaine this is the learning of them all that whersoeuer they come and they may be suffered they enforce them to expugne the freedome of holy Church â And I said Sir why call you the taking of tithes and of such other duties that priests chalenge now wrongfullie the freedome of holy church Since neither Christ nor his apostles chalenge nor tooke such duties Herefore these takings of priests now are not called iustly the freedome of holy church but all such geuing and taking ought to be called and holden the slanderous couetousnes of men of the holy church ¶ And the archb said to me Why Losell wilt not thou and other that are consedered with thee seeke out of holy scripture of the sence of doctors al sharpe authorities against lords knights and squiers against other secular men as thou doest against priests â And I said Sir whatsoeuer men or women lords of ladies or any other that are present in our preaching specially or in our coÌmoning after our cuÌning we tell out to theÌ their office their charges But sir since Chrisostome sayth that priests are the stomack of the people it is nedeful in preaching also in commoning to be most busy about this priesthode Since by the viciousnes of priestes both Lordes coÌmons are most sinfully infected led into the worst And because yâ the couetousnes of priests pride the boast that they haue make of their dignity and power destroyeth not onely the vertues of priesthod in priests theÌselues but also ouer this it stirreth God to take great vengeance both vpon the Lords vpon coÌmons whych suffer these priests charitably ¶ And the Archb. said to me Thou iudgest euery priest proud yâ wil not go arayed as thou doest By god I deme him to be more meke yâ goeth euery day in a scarlet gown thaÌ thou in thy threed bare blew gown Wherby knowest thou a proud man â And I said Sir a proud priest may be known when he denieth to follow Christ his Apostles in wylfull pouerty and other vertues coueteth worldly worship and taketh it gladly gathereth together with pleding manasing or with flattering or with simony any worldly goodes And most if a priest busy him not chiefly in himselfe after in all other men and women after his cunning power to withstand sinne ¶ And the Archb. sayd to mee Though thou knewest a priest to haue al these vices though thou sawest a pryest louely lye now by a womaÌ knowing her fleshly wouldst thou therfore deme this priest daÌnable I say to thee that in the turning about of thy hand such a sinner may be verily repented â And I sayd Sir I wil not damne any man for any sinne that I know done or may be done so that the sinner leaueth his sinne But by authoritie of holy Scripture he that sinneth thus openly as ye shew here is damnable for doing of such a sinne and most specially a priest the shoulde be example to al other for to hate flye sinne And in how short time that euer ye say the such a sinner may be repeÌted he ought not of him the knoweth his sinning to bee iudged verily repentant without open euidence of great shame harty sorow for his sinne For whosoeuer and specially a priest that vseth pride enuy couetousnes lechery simony or any other vices sheweth not as open euideÌce of repentance as he hath geuen euil exaÌple occasion of sinning if he coÌtinue in any such sinne as long as he may it is likely that sinne leaneth him he not sinne And as I vnderstaÌd such a one sinneth vnto death for whoÌ no bodye oweth to pray as S. Iohn sayth ¶ And a Clerke saide then to the Archb. Sir the lenger that ye appose him the worse he is and the more ye busye you to amend him the waywarder he is For he is of so shrewd a kinde that he shameth not onely to be himselfe a soule nest but withou shame he busyeth him to make his nest souler â And the Archbishop saide to hys Clerke Suffer a while for I am at an ende with him for there is an other poynt certyfyed agaynst hym and I will heare what hee sayth thereto ¶ And so thaÌ he said to me Lo it is here certified against thee that thou preachedst opeÌly at Shrewsbury that it is not lawful to sweare in any case â And I said Sir I preached neuer so openlye nor I haue taught in this wise in any place But sir as I preached in Shrewsbury with my protestation I say to you now here that by the authoritie of the Gospell of S. Iames by witnes of diuers Saints doctours I haue preached opeÌly in one place or other that it is not leful in any cause to sweare by any creature And ouer this Sir I haue also preached and taught by the foresaid authorities the no body should sweare in any case if that without othe in any wise he that is charged to sweare might excuse him to them that haue power to compel him to sweare in leful thing lawful But if a man may not excuse him without oth to them that haue power to coÌpel him to sweare than he ought to sweare onely by God taking him onely that is southfastnesse for to witnes the southfastnes And then a Clarke asked me if it were not leful to a subiect at the bidding of his Prelate for to kneele downe and touch the holy Gospel booke and kisse it saying So helpe me God and this holydome for he should after hys cunninge and power doe all thynges that hys Prelate commaundeth hym â And I said to them Sirs ye speake here full generally or largely What if a prelate commauÌded hys subiect to do an vnlawful thing should he obey therto ¶ And the Archb. said to me A subiect ought not to suppose that his prelate wil bid him do an vnlawfull thinge For a subiect ought to thinke that his prelate wil bid him do nothing but that he wil aunswer for before God that it is leful And then though the bidding of the prelate bee vnleful the subiect hath no peril to fulfil it since that he thinketh iudgeth that whatsoeuer thing his prelate byddeth him do that it is leful to him for to do it â And I sayd sir I trust not thereto But to our purpose Sir I tel you that I was once in a gentlemaÌs house and there were then two Clarkes there a maister of diuinity and a man of law which man of law was also communing in diuinitie And among other things these men soake of othes the man of law sayd at the bidding of his soueraigne which had power to charge him to sweare he would lay his
poore mens brethren but they wene to passe them in kind as they passeth in worldly worship that is but winde of which God faith by the prophet they hauen raigned but nought of me they haue bene princes but I knowe nought So we reade of Roboam that was the son of king Salomon what time he was first king the people of Israell comen to him and sayd Thy father in his last dayes put on vs great charge We pray thee some deale make it lighter and we willen serue thee And the king tooke counsayle of the olde wise men and they counsailden to answer them faire and that should be for the best But he left these old wise mennis counsayle and did after the counsayle of children that were his playferen and sayd to the people when they came agayne My left finger is greater then my fathers riegge My father greeued you somewhat but I will echen more thereto And the people heard this and rebeleden to him and tooke them another king and fithe the kingdome came neuer whole againe And therefore it is good that euery ruler of cominalties that they be not lad by follies ne by none other eare rowner that he ne haue an eygh of loue to the comontie that he hath to rule For were ye well be he neuer so high that he shall come afore his higher to yelde reconing of his bayly The second question is How hast thou ruled the people and the office that thou haddest to gouerne Thou that hast bene a Iudge in causes of poore men how hast thou kept this hest of God Thou shalt not take heede to the person of a poore man to bee to him the harder for his pouertie ne thou shalt not behold a rich mans semblance to spare or to fauour him in his wrong for his riches O Lorde what abusion is there among officers of both lawes now adayes If a great man pleadeth with a poore man to haue ought that he holdeth euery officer shall be readie to hye all that he may that the rich man might haue such an end as he desired But if a poore man pleade with a ritch man than there shall be so manye delayes that though the poore mans right be open to all the Countrie for pure faute of spending he shall be glad to cease Shriues and Bayliffes willen retourne poore mens writs with tarde Genit but gif they feelen meede in their hands And yet I heare sale men that hauen seyen both lawes that ilke court that is cleeped Christes court is much more cursed Therefore it is writ giftes they taken out of mens bosoms to ouerturne the right way of dome But it is to dread the word of Christ In what dome ye deeme ye should be demed when ye comen to yelde a reconing of your bayly The third question is Howe hast thou lyued thou that deemest and punishest other men for their trespas A great doctor saith thee behoueth to flee the wickednes of other men that thou chastieest them for their trespas For if thy selfe do vnlawfullich in deeming other men thou damnest thy selfe sythe thou doest that thou damnest And Poul saith why teachest thou nought thy selfe that thou teachest other Why stealest thou that teachest nought other men to steale Saint Gregorie saith He shall not take gouernaile of other that can not go before them in good liuing And when anye man stand before him in dome he must take heede to fore what Iudge he shall stand him selfe to take his dome after his deedes But it is to dread that manie fareth as the twe false priests that woulden haue damned to death holie Susan for she would not assent to their leacherie Of the which it is writ they turned awaie their eyen for they would not see heauen ne haue mynde of rightfull domes So it happeth ofte they that were more woorthie to bee hanged damneth them that be lesse woorthye as a clarcke telleth of Socrates the Philosopher sayth hee vpon a day a man asked of hym why hee laughed And hee sayd for I see great theeues leaden a little theefe to hanging I pray thee whether is hee a greater theefe that bynimeth a man hys house and hys land from hym and from his heyres for euermore other hee that for making of great neede stealeth a sheepe or a calfe Whether trow wee nought that it happeth such extortioners to be other whyle Iudges and demeth men thus But I read thee that thus deemest other thinke on that dome thou shalt come to to yelde the rekening of thine bayly The third Baylife that shall be cleped to this dreadfull a count shall bee euerie Christian man that shall geue rekening to his Lord God for goods that he hath had of hys And heere I wyll speake but of the first question that is this How entrest thou And heere by the waie yee that haue goten anie worldly good other take by extortion by rauayne by vsurie other by disceit Wo shall be to him at this dreadfull daie as Sainct Austen sayth If he be cast into the fire that hath nought giuen of his owne good where trowest thou shall he be castin that hath reued other mens from them And if he shulle brenne with the send that hath nought clothed the naked where trowest shall he brenne that hath made him naked that was earst clothed But as Sainct Gregorie sayth two thinges maketh men to liue thus by rauaine of other neighbours that they desire heynes and drede pouertie and what vengeaunce falleth of this sinne of couetise I may see by figure in holy writ whan the Angell sayd to Prophet Zacharie Rere vp thine eyen and see what is that goeth out And the Prophet sayd what is it Then the Angell sayd this is the pot going out this is the eize of hem on all the earth And there was a weihgt of lede I bore and there was a woman sitting in the middle of this potte And the Angell sayd this is impietie And he tooke her and cast her into the middle of this pot and he tooke the gobette of leed and caste it into the pots mouth And the Prophet lift vp his eye and he saw twoo women comming out and spirites in her wing is like two kytes other gledes and they are rid vp this pot betweene heauen and the earth and than the Prophete spake to the Aungell whider wol these beare this pot And he sayd into the lond of Sennaar This pot is couetise For right as a pot hathe a wide open mouth so couetise gapeth after worldly good and right as the licour in the pot profiteth nought to the pot but to men that draweth and drinketh thereof so worldlie good ofte profiteth not to churlles but to other that commeth after as it is written He that hath money shall haue no frute of it And this couetise is the eye of couetous men for they ben blinde to
Christenmasse what condites were made what Maiors and shirifes were in London what battails were fought what triumphs and great feasts were holdeÌ when kings began their raigne and when they ended c. In such vulgare and popular affairs the narration of the Chronicler serueth to good purpose may haue his credite wherein the matter forceth not much whether it be true or false or whether any listeth to beleue them But where as a thyng is denied and in cases of iudgement and in controuersies doubtfull which are to be decided and boulted out by euidence of iust demonstration I take them neither for Iudges of the bench not for arbiters of the cause nor as witnesses of themselues sufficient necessarily to be sticked vnto Albeit I deny not but hystories are takeÌ many times and so termed for witnesses of times and glasses of antiquitie c. yet not such witnesses as whose testimony beareth alwaies a necessary truth and bindeth beliefe The two witnesses whych came against Susanna being seniours both of auncient yeares bare a great countenance of a most euideÌt testimony wherby they almost both deceiued the people oppressed the innocent had not yoÌg Daniel by the holy spirite of God haue take theÌ aside and seuerally examining them one from the other found them to be falsliers both leauing to vs therby a lesson of wholsome circumspection not rashly to beleeue euery one that commeth and also teaching vs how to try theÌ out Wherfore M. Cope following here the like example of Daniel in trying these your records whom ye inferre against these men we wil in like maner examine them seuerally one froÌ an other and see how their testimonie agreeth first beginning wyth your Robert Fabian Which Robert Fabian being neither in the same age nor at the deede doing can of himselfe geue no credite herein without due proofe and euidence conuenient Now theÌ doth Rob. Fabian proue this matter of treason true what probation doeth he bring what authoritie doth he alleage And doth Rob. Fabian thinke if he were not disposed to conceiue of the L. Cobham and those men a better opinion but to be traitors that men are bounde to beleue him only at his word without any ground or cause declared why they shuld so do but only because he so saith and pleased him so to write And if yee thinke M. Cope the word only of this witnes sufficient to make authority speaking against the Lord Cobham and prouing nothing which followed so many yeres after him why may not I as well and much rather take the worde and testimonie of Richard Belward a Northfolke man and of the towne of Crisam who liuing both in his time possible knowing the party punished also for the like trueth is not reported but recorded also in the registers of the church of Norwich to geue this testimonie among other his articles for the foresaid L. Cobham that is that sir Iohn Oldcastle was a true Catholike man and falsely condemned and put to death wythout a reasonable cause c. Ex Regist. Noruic Agaynst this man if you take exception say that one hereticke will hold with an other why may not I with the like exception reply to you agayne say as well one Papist hold with an other and both coÌiure together to make and say the worst agaynst a true Protestant Further yet to examine this foresayd Fabian witnes agaynst Sir Iohn Oldcastle as Daniell examined that witnesses agaynst Susanna I will not here aske vnder what tree these adherentes of sir I. Oldcastle conspired agaynst the king subuersion of that land but in what time in what yeare and moneth this conspiracie was wrought Fabian witnesseth that it was in the moneth of Ianuary CoÌtrary Edward Hall other our Abridgementers followyng him doe affirme that they were condemned in the Guild hall the xij of December and that their executioÌ vpon the same was in Ianuary followyng so that by their sentence the fact was done either in the moneth of DeceÌber or els before so Fabianus mentitus est in caput suum vt cuÌ Daniele dicam or if it were in the moneth of Ianuary as Fabian sayth then is Hall and his followers deceiued testifying the fact to be done in the moneth of December And yet to obiect moreouer against the sayd FabiaÌ for so much as he is such a rash witnes agaynst these burned persons whom he calleth traytors it would be demauÌded further of him or in his absence of Maister Cope in what yeare this treason was conspired If it were in the same yeare as he coÌfesseth himselfe in which yeare Iohn Cleidon the Skinner Richard Turmine Baker were burned then was it neither in the moneth of Ianuary nor in the first yeare of kyng Henry the fift For in the register of CaÌterbury it appeareth playne that Iohn Claydon was condemned neither in the tyme of Thom. Arundell Archbyshop nor yet in the first nor second yeare of kyng Henry the v. but was coÌdemned in the second yeare of the translation of Henry Chichesly Archbyshop of Canterbury the. 17. day of August which was the yeare of our Lord. 1415. So that if this conspiracie was in the same yeare after the witnesse of FabiaÌ in which yeare I. Cleydon was burned then doth the testimony of Fabian neither accord with other witnesses nor with him selfe nor yet with truth And thus much concerning the witnes of Rob. Fabian Let vs next proceede to Polidore Uirgill whose partiall and vntrue handling of our history in other places of of his bookes doth offer vnto vs sufficient exception not to admit his credite in this And yet because we will rather examine him then exclude him let vs heare a little what he sayth how he fayleth in how many pointes numbring the same vpon my fiue fingers First ending with the life of king Henry 4. hee sayeth that hee raigned 14. 14. yeares and 6. moneths and 2. dayes Angl. hist. lib. 21. whyche is an vntruth worthy to be punyshed wyth a whole yeares banishment to speake after the maner of Apulenis when as truth is he raigned by the testimony of the story of S. Albones of Fabian of Hall of our old English Chronicle and of Scala mundi but 13. 6. moneths lacking as some say 5. dayes Hal saieth he raigned but 12. yeares The second vntruth of Polydore is this where as hee speaking of this sedition of sir Iohn Oldcastle and his adherents affirmeth the same to be done after the burning of Iohn Hus and of Hierome of Prage whych was sayeth he An. 1415. in which yere sayth he Thomas Arundell died Hys wordes be these In eodem concilio damnata est Ioh. Wicliffi haeresis ac Ioan. Hus Hieronymus Pragensis in ea vrbe combusti sunt Quod vbi reliquis consocijs qui etiam tunc in Anglia erant patefit tanquam furijs agitati primùm
the king Wenselaus who theÌ fauored that pope gaue coÌmaundement that no man should atteÌpt any thing against the sayd Popes indulgeÌces But Hus with his folowers not able to abide the impiety of those pardoÌs began manifestly to speake agaynst them of the which coÌpany were 3. certayn artificers who hearing the priest preaching of these iudulgences did opeÌly speak against them called the pope Antichrist which would set vp the crosse to fight agaynst his euenchristened Wherefore they were brought before the Senate and committed to warde But the people ioyning theÌselues together in armes came to the magistrates requiring theÌ to be let loose The magistrates with geÌtle wordes and fayre promises satisfied the people so that euery man returning home to his own house the tumult was asswaged But the captiues being in prison not withstanding were there beheaded whose names were Iohn Martin and Stascon The death and martirdome of these three being knowne vuto the people they took the bodies of them that were slaine and with great solemnitye brought them vnto the church of Bethlem At whose funerall diuers priestes fauoring that side did sing in this wise These be the Sayntes whiche for the testament of God gaue their bodies c. And so their bodyes were sumptuously interred in the church of Bethlem I. Hus preaching at the same funerall much commending them for theyr constancye and blessing God the father of our Lord Iesus Christ whyche had hidde the way of his verity so from the prudent of this world and had reuealed it to the simple lay people and inferior priestes which chose rather to please God then men Thus this City of Prage was deuided The prelates with the greatest part of the clergy most of the Barons which had any thing to lose did hold with the pope especially Steuen Paletz being the chiefest doer on that side On the contrary part the commons with part of the clergy studentes of the vniuersity went with Iohn Hus. Wenslaus the king fearing least this would grow to a tumult being moued by the doctors and prelates and councell of his barons thought best to remoue Iohn Husse out of the Citty who had bene excommunicated before by the Pope And further to cease this dissention risen in the church committed the matter to the disposition of the doctors and the clergy They coÌsulting together among theÌselues did set forth a decree ratified and confirmed by the senteÌce of the king contayning the summe of 18. articles for the maynteynance of the Pope and the see of Rome agaynst the doctrine of Wickeliffe and Iohn Husse The names of the Doctors of Diuinity were these Steuen Paletz Stanislaus de Znoyma Petrus de Ikoyma Ioannes Heliae Andreas Broda Iohannes Hildesen Mattheus Monachus Hermannus Heremita Georgius Bota Simon Wenda c. Iohn Hus thus departing out of Prage went to his couÌtry where he being protected by the Lord of the Soile continued there preaching to whom resorted a great concourse of people neither yet was he so expelled out of Prage but that sometimes he resorted to his church of Bethleem and there also preached vnto the people Moreouer agaynst the sayde decree of the doctours I. Hus with his companye replied agayne and aunswered to their articles with coÌtrary articles agayn as foloweth The obiections of Iohn Hus and of his part agaynst the decree of the Doctors FIrst the fouÌdation of the Doctors wherupon they fouÌd all their writings and counsels is false which fouÌdatioÌ is this where as they say that part of the clergy in the kingdome of Boheme is pestilent and erroneous and holdeth falsely of the Sacramentes 2. The Doctors hereby do defame the kingdome of Boheme and do rayse vp new discordes 3. Let them shew therefore those persons of the Clergye whom they call pestilent so let them verify theyr report binding themselues to suffer the like paine if they be not able to proue it 4. False it is that they say the Pope the cardinals to be the true manifest successors of Peter of the Apostles neyther that any other successors of Peter or the Apostles can be fouÌd vpon earth besides theÌ WheÌ as no man knoweth whether he be worthy of hatred or of fauour And all Byshops and priests be successors of Peter of the Apostles 5. Not the pope but Christ onely is the head and not the Cardinals but all Christes faythfull people be the body of the Catholick church as all holy Scripture and decrees of the holy fathers do testify and affirme 6. And as touching the pope if he be a reprobate it is plain that he is no head no nor member also of the holy Church of God but of the deuill and of his sinagogue 7. The clergy of the gospellers agreeing with the saying of S. Austen which they alledge and according to the sanctions of the fathers and determinations of the holy mother church do say and affirme laudably that the condeÌnation and prohibition of the 45. articles is vnlawful and vniust and rashly done for that not onely because the doctors but also all Bishops and Archbishops in suche great causes namely touching faith as these articles doe haue no authority at all as appearethâ De baptismo et eius effectu cap. Maiores Et in Can. 17. dist cap. Hinc sedi c. 8. The second cause of the discord which they alledge also is most false seing the fayth of whole Christendome coÌcerning the church of Rome is deuided in 3. parts by the reason of 3. popes which now together do raigne And the 4. part is newtrall Neither is it true that we ought to stand in all things to the determination of the pope of the cardinals but so farr forth as they do agree with the holy scripture of the old and new Testament from whence the sanctions of the fathers did first spring as is euident De accusationibus cap. qualiter c. 9. In the 4. Article they brast out into a certayne dotage are contrary to themselues By reason that they doitishly haue repreheÌded the gospellers who in all their doings receiue the holy scripture whith is the law of God the way of trueth and life for their iudge and measure and afterward they themselues doe alleadge the scripture Deut. 17. where all iudges both popes and Cardinals are taught to iudge discern betwene leaper leaper in euery ecclesiasticall cause only after the rule of gods law And so are they coÌtrary vnto their secoÌd article wherin they say that in euery catholicke matter we must runne to the pope which is coÌtrary to the foolish condemnation of the Articles aforesaid 10 Consequently like idiots they doe most fasly alledge for their purpose the Canon vnder the name and authority of Ierome written 24. q. 1. Haec est fides papa c. where they do apply the wordes of Ierome most impertinentlye to the pope of Rome which he writeth to S.
and graunts to that I say that this safeconduct stood not only vpon the Emperour but also vpon the consent of the Pope himselfe vide infr page And admit that to be true that the councell had power to make this decree to breake promise wyth hereticks yet this can not be denied but that Iohn Hus was condemned and iudged before that decree in the xix Session was made Finally when Cope hath prooued by what scripture the councels haue power to defeat the authoritie of their Emperours in such secular causes touching safeconductes and outward safetie then will I answere him more fully heerein But to the purpose againe of the story Iohn Hus seeing so many faire promises and the assurance which the Emperour had geuen vnto him sent answere vnto the Emperour that he would come vnto the Councell But before hee departed out of the Realme of Boheme and specially out of the towne of Prage he did write certaine billes long inough afore as well in Latine as in the Bohemian language and Almaine and caused them to be set and fastened vpon the gates of the Cathedrall Churches and parish Churches Cloysters and Abbayes signifieng vnto them all that he would go to the generall Councell at Constance wherof if any man haue any suspition of his doctrine that he should declare it before the Lord Conrade or Bishop of Prage or if he had rather at the generall Councell for there he would render and giue vp vnto euery one and before them all an accompt and reason of his fayth The example of his letters and intimations set vp were these the copie where of here followeth ¶ The Letters of Iohn Hus set vp in common places of the Citie of Prage MAister Iohn Hus Bacheler of Diuinitie will appeare before the most reuerend father the Lord Conrade Archbyshop of Prage and Legate of the Apostolicke seate in the next conuocation of all the Prelates and Cleargy of the kyngdome of Boheme being ready alwayes to satisfie all men which shall require him to giue a reason of hys fayth and hope that he holdeth And to heare and see all such as will lay vnto his charge either any stubburnes of errour or heresie that they should write in their names there as is required both by Gods law and mans And if so be that they could not lawfully prooue any stubbornes of errour or heresie against him that then they should suffer the like punishmentes that he should haue had vnto whome altogether he will aunswer at the next generall Councell at Constance before the Archbyshop and the Prelates and according to the decrees and Canons of the holy Fathers shew foorth his innocencie in the name of Christ. Dated the Sonday next after the feast of Sainct Bartholomew ¶ The Intimations folowing were drawne out of the Bohemian tongue I Maister Iohn Husnerz do signifie vnto all men that I am ready to come and stand before the face of my Lorde the Archbishop and to aunswere to all things whereof I am falsely accused in the next conuocation of Bachelers and chefly to this point that in many places they doo report me an hereticke not hauing respect vnto iustice or to law neither yet to my merits or deserts Therefore since that you which do neuer cease to selaunder and backebite me with your words doo vnderstand and knowe these things come foorth openly before the face and presence of the Lord Archbyshop and with an open mouth declare and shew foorth what false doctrine or other things you haue heard me teach contrary to Catholicke fayth and if that I shall be found faultie in neuer so small a matter contrary or against the faith of Christ or in any false doctrine and that I do choose that or other things contrary to the faith of Christ then I will hold my peace and suffer punishment as an hereticke And if there be no man that will resist against me or accuse me in this point once againe I say vnto you that I am ready to appeare at Constance in the famous congregation to the end that I may stand in the company of the Diuines euen before the face of the Pope Therefore whosoeuer knoweth any false doctrine contrary to the faith of Christ in me let him come thether and shew it forth boldly if he haue any thing to lay against me and for my part I will not be slacke if I may vnderstand or knowe it to answere as well to small as great as touching the truth which I haue receiued of God and desire to be defended All you good men therefore which loue the truth say now whether by these my words I do thinke or go about any thing either contrary to the law of God or man If I be not admitted then to be heard be it knowne and manfest vnto all men that it hapneth not thorough my fault the same day This Epistle which followeth was set vpon the gates of the Kings Palace translated into Latin out of the Bohemian tongue VNto the Kings maiestie the Queene and to all such as are of his Councell and to all other Rulers and Magistrates which now are in the Kings Court I Iohn Hus doo signifie and publish that I haue vnderstand not by any vayne rumor or tale that there be letters brought from the Pope to the Kings Maiestie the contents whereof is this That the Kyngs Maiestie shoulde bring to passe that the heretickes which were now lately sprong vp in hys kyngdome and dominions should not take any firme or strong roote For so much as without any desert as I trust by Gods grace the fame or noise is sproong and blowne abroade it shall bee our part to foresee and take heed that neyther the Kyngs Maiestie neyther the noble Kyngdome of Boheme should bee driuen to beare or suffer anye reproche on slaunder for mee Wherefore now of late I haue sent my letters too and fro whych I haue with great labour and diligence caused to be openly set vp to thys intent that I myght thereby cause the Archbyshop to be carefull and diligent about the matter signifyeng openly that if there were any man in all Boheme which did knowe mee to be a follower of anye false or corrupt doctrine that he should professe hys name in the Archbyshop hys Court and there to shew foorth and declare what he thought And for asmuch as there would none be found or come foorth which would accuse me the Archbyshop commaunded me and my procurers to depart in peace Wherefore I require and desire the Kings Maiestie which is the defender of the truth also the Queene and theyr Counsellers and all other Rulers and Magistrates that they woud geue me a faithfull testimoniall of this matter For somuch as I haue oftentimes willed and attempted this and no man hath eyther accused mee or troubled mee I doo it moreouer to bee knowne vnto all Boheme and to all nations that I wil bee present euen at the
his seate and office at the request of the Cardinalles that the whole Colledge of Cardinalles sent letters to the king of Boheme requiring him that together with them he would renounce forsake his obedience vnto pope Gregory and so it shoulde come to passe that by the authoritie of a new Byshop he should recouer againe his imperial dignity For this cause the king coÌseÌted to the wil of that Cardinals as touching a neutrality that is to say that he would neyther take part with Pope Gregory neyther yet with Benedict the xii Byshop of Auinion whiche was then named Pope as it doth appeare by Chronicles In this cause then for somuch as the archbishop Swinco with the Clergy were agaynst the kyng and abstayning from the deuine seruice many of them departed out of the Citty and the archbishop hymselfe breaking down the tombe of the Lord Wincelate contrary and agaynst the kinges will did also take Wickliffes bookes burned them therupon the king without any gaynsaying suffered that certayne goodes of theyrs which of their own wils were fled away should be spoyled because they shold not consent or accord with the bishop Wherupon it is easie to be vnderstanded and knowne that Iohn Husse was falsely accused for that matter Howbeit a certayn man one Naso rising vp sayd the Clergy sayd he did not abstayne from the deuine seruice because they woulde not sweare to consent vnto the king but because that they were spoyled and robbed of theyr goodes and substaunce And the Cardinall of Cambray who was one of the Iudges sayd here I must say somewhat which is come into my minde When as I came from Rome the same yeare that these thinges were done by chaunce I met on the way certayne Prelates of Boheme Whome when I demaunded what newes they had brought out of Boheme they aunswered that there was happened a wonderfull cruel and haynous fact for all the Clergy were spoyled of all theyr substaunce and very ill intreated and handled Then Iohn Hus alledging the same cause which he did before went forward vnto the secoÌd part of the Article which was obiected against him denying also that it happened thorough his fault that the Germaynes departed from the Uniuersitie of Prage But when as the king of Boheme according to the foundation of Charles the fourth his father granted three voices vnto the Bohemes the fourth vnto the Germaynes whereat the Germaynes grudging that they shoulde be exemted from theyr voices of theyr owne accorde departed went theyr wayes binding themselues with a great oth and vnder a great penalty both of their fame and also money that none of them should returne agayne vnto Prage Notwithstanding I am not ashamed to confesse that I did approue and allow the doinges of the king vnto whom of only I ow obedience for the commoditie and profite of my country And because you shal not thinke that I haue spoken any vntrueth here is present Albert Warren Tranius whiche was deacon of the faculties who hadde sworne to depart with the rest of the Germaynes he if that he wil say the truth shal easly clere me of this suspitioÌ But when as Albert would haue spoken he could not be heard But the foresayd Naso of whome before is made mention after he had asked leaue to speak sayd this matter do I vnderstand wel inough for I was in the Kinges court when these thyngs were done in Boheme when as I sawe the maysters of the 3. nations of the Germaynes Bauarians Saxons and Silesians amongst whome the Pollonians were also numbred most humbly come vnto the king requiring that he would not suffer the right of their voyces to be takeÌ from them Then the kyng promised theÌ that he would forsee and prouide for theyr requestes But Iohn Hus and Ierome of Prage with diuers others perswaded the king that he should not so do Wherat the king at the first being not a little moued gaue him a sore checke that he and Hierom of Prage did somuch intermedie themselues and moued such open controuersies in somuch that he threatned them that except they woulde forsee and take heede hee woulde bring it to passe that the matter shoulde be determined and decreed by fire Wherfore most reuereÌd fathers you shall vnderstand that the king of Boheme did neuer fauour with his hart these men whose vnshamefastnes is such that they feared not euen of late to entreat me euill being so much in the kinges fauour and credite After hym stepped forth Paletz saying verely most reuerend fathers not onely the learned men of other nations but also of Boheme it selfe are through the Councell of Iohn Hus and his adherentes banished out of Boheme of the which number some remayne yet in exile in Morauia Hereunto Iohn Hus answered how can thys be true sayd he sitheÌs I was not at Prage at that tyme when as these men you speake of departed and went awaye from thence These thynges were thus debated the day aforesayd as touching Iohn Hus. This done the sayd Iohn Hus was committed to the custody of the bishop of Rigen vnder whome Ierome of Prage was also prisoner But before that he was led away the Cardinall of Cambray calling him backe agayne in the presence of the Emperour sayd Iohn Hus I haue heard you say that if you had not ben willing of your own mind to come vnto Constance neyther the Emperour himselfe neither the king of Boheme coulde haue compelled you to do it Unto whom Iohn Hus answered vnder your liceÌce most reuerend father I neuer vsed any such kinde of talke or wordes But this I did say that there was in Boheme a great number of gentle meÌ and noble men which did fauour and loue me the whiche also might easely haue kepte me in some sure and secret place that I shoulde not haue bene constrayned to come vnto thys towne of Constance neyther at the will of the Emperour neyther of the king of Boheme With that the Cardinall of Cambray euen for very anger began to chaunge hys colour and despiteously said do you not see the vnshamefastnes of the man here And as they were murmuring and whispering on all partes the L. Ioh. de Clum ratifying and confirming that which Iohn Hus had spoken sayd that Iohn Hus had spoken very well for on my part sayd he which in comparison of a great many others am but of small force in the realme of Boheme yet alwayes if I would haue taken it in hand I could haue defended hym easely by the space of one yeare euen agaynst all the force power of both these great and mighty kinges How much better might they haue done it which are of more force or puissance then I am and haue stronger castles and places then I haue After that the L. de Clum had spoken the Cardinal of Cambray sayd let vs leaue thys talke And I tell you Iohn Hus and
sought to by pilgrimages neither is it lawfull for Christians to bow theyr knees to them neither to kisse them nor to geue them any maner of reuerence For the which Articles the Archbishoppe with other Bishops and diuers learned commoning together first condemned the bookes as hereticall and burned them in fire and then because they thought the said Iohn Claydon to be forsworne and fallen into heresy the Archbishop did proceed to his definitiue sentence against the said Iohn personally appearing before him in iudgement his coÌfessions being read and deposed against him after this maner IN the name of God Amen We Henry by the grace of GOD Archbishop of Caunterbury primate of all England and Legate of the Apostolicke sea in a certayne cause of hereticall prauity of relapse into the same wherupon I. Claidon lay man of the prouince of Caunterbury was detected accused and denounced in the sayd our prouince of Caunterbury publickely defamed as by publick fame and common report notoriously to vs hath bene known first sitting in iudgement seat obseruing all things lawfully required in this behalfe do proceed to the pronouncing of the sentence definitiue in forme as followeth The name of Christ being inuocated onely set before our eies forasmuch as by the actes and thinges enacted producted exhibited and confessed before vs also by diuers signes euidences we haue found the said Iohn Claydon to haue bene and to be publickly and notoriously relapsed agayne into his former heresye heretofore by him abiured according to the merites and desertes of the sayd cause being of vs diligently searched weyed and pondered before to the inteÌt that the sayd I. Claidon shall not infect other with his scab by the consent and assent of our reuerend brethreÌ Richard Bishop of LoÌdon Iohn Bishop of Couentry and Liechfield Steuen Bishop of S. Dauids and of other Doctors as well of diuinity as of both lawes and also of other discreet and learned men assisting vs in this behalfe do iudge pronounce and declare the sayd I. Claydon to be relapsed agayne into his heresy which he before did abiure finally and definitiuely appoynting him to be left vnto the secular iudgement and so do leaue him by these presentes Thus Iohn Claidon receiuing his iudgement condemnation of the Archbishop was committed to the secular power and by them vniustly vnlawfully was coÌmitted to the fire for that the teÌporall magistrate had no such law sufficient for them to burne any suche man for religion condeÌned of the prelats as is aboue sufficiently proued declared pag. 523. But to be short Quo iurè quaque iniuria Iohn Cleydon notwithstanding by the temporall magystrats not loÌg aâter was had to smithfield where meekely he was made a burnt offering vnto the Lord. an 1415. The burning of Iohn Claydon and Richard Turming Robert Fabian and other Chronologers which folow him adde also that Richard Turming Baker of whome mention is made before in the examination of Iohn Claydon was likewise the same time burned with him in smithfield Albeit in the Register I finde no sentence of condemnation geuen against the sayd Turming neither yet in the story of S. Albons is there any such metioÌ of his burning made but only of the burning of Iohn Claydon aforesaid wherfore the iudgement hereof I leaue free to the reader Notwithstanding concerning the sayd Turming thys is certaine that he was accused vnto the bishops no doubt was in their handes bands What afterward was done with him I refer it vnto the authors The next yeare after the burning of these two aforesaid and also of Iohn Hus being burnt at Constaunce whiche was an 1416. the Prelates of England seing the dayly increase of the Gospell and fearing the ruine of theyr papall kingdome were busily occupied with all theyr counsel and diligence to mayntayne the same Wherefore to make their state and kingdome sure by statutes lawes constitutions and terrour of punishment as Thomas Arundell and other Prelates had done before so the forenamed Henrye Chichesley Archbishop of Canterbury in his conuocation holden at London maketh another constitutioÌ as though there had not enough bene made before agaynst the poore Lollardes the coppy and tenor wherof he sendeth abroad to the bishop of London and to other his Suffraganes by them to be put in straight execution conteyning in words as foloweth HEnry by the grace of God Archbishop of Canterbury Primate of all England and Legate of the chiefest seat to our reuereÌd brother in the Lord Richard by the grace of God bishop of London health brotherly loue with continuall increase Lately in our last conuocation in Sayncte Paules Church in London being kept by you and other our brethren and clergy of our prouince we do remember to haue made this order vnderwritten by your consentes When as among many other our cares this ought to be chiefe that by some meanes we take those heretickes whiche like foxes lurke hide theÌselues in the Lordes vineyard that the dust of negligeÌce may be vtterly shakeÌ from our feete and from the feete of our fellow brethren In thys the sayd conuocation of the Prelats and clergy we haue ordeined and that our fellowe brethren our Suffraganes and Archdeacons of our prouince of Canterbury by theÌselues their Officials or Commissaryes in all their iurisdictioÌs euery of their charges in theyr country twise euery yere at the least do diligeÌtly enquire of such persons as are suspect of heresy And that in euery suche their Archdeaconries in euery parish wherin is reported any hereticks to inhabit they cause three or more of the honestest meÌ and best reported of to take their othe vpon the holy Euangelist that if they shall knowe or vnderstand any frequenting either in priuy conueÌticles or els deferring in life or maners froÌ the common conuersation of other Catholick men or els that holde any either heresyes or errors or els that haue any suspected bookes in the English tong or that do receiue any such persons suspect of heresyes and errours into theyr houses or that be fauorers of them that are inhabitants in any such place or conuersant with them or els haue any recourse vnto them they make certificats of those persons in writing with all the circumstances wherewith they are suspect vnto the said our Suffraganes or Archdeacons or to theyr Commissaryes so soone with as much speede as possibly they can And that the sayd Archdeacon and euery of their Commissaryes aforesayd do declare the names of all such persons denounced together with all the circuÌstaÌces of theÌ the dioces places secretly vnder theyr seales do send ouer vnto vs the same And that the same diocessans effectually direct forth lawfull proces agaynst them as the quality of the cause requireth that with all diligence they discerne define and execute the same And if perhaps they leaue not such persons
chaunce to dye although not so denounced by the Church yet in this so great a crime let hym and them want Christian buriall and let no offeringes or oblations be made for them nor receiued Hys goodes and substance also froÌ the time of his death according to the Canonical sanctions being confiscate let no such enioy them to whoÌ they appertayne till that by the ecclesiasticall iudges hauing power and authoritie in this behalfe sentence vpon that his or their crime of heresie be declared and promulgate let such owners as be found suspect or noted with anye suche suspition of heresie before a competent and ecclesiasticall iudge according to the consideration and exigence of that suspicion and according to the quallitie of the person by the arbitrement of such a iudge shew and declare hys proper own innoceÌcy with deuotion as beseemeth in that behalf And if in hys purgation being Canonically interdicted he do fayle or be not able Canonically to make his purgation or that he refuse to take hys othe by damnable obstinacie to make suche purgation then let him be condemned as an hereticke But such as thorough negligence or thorough slothfulnes shall omit to shew their sayd innocencie and to make such purgation let them be excommunicate and so long put out from the company of Christen men til that they shall make condigne satisfactioÌ so that if by the space of one whole yeare they shall remayne in such excommunication then let them as heretickes be condeÌned And further if any shal be found culpable in any point of the foresayd pestiferous doctrine of the Archheretickes aforesayd or in any Article thereof whether it be by the reporte of the seditious or els well disposed let them yet be punished according to the Canons If onely through infamy and suspition of the foresaid Articles or any of them any man shal be found suspect in his purgation Canonicall for this thing being interdicted shall fayle let hym be accompted as a man conuict as a conuict person by the Canons let him be punished And furthermore we innouating and putting in execution the Canon of our predecessour of happy memory pope Boniface the 8. which beginneth thus Vt inquisitionis negocium c. In exhorting wise require and also commaund all temporall potentates Lordes Iudges afore recited by whatsoeuer dignities offices and names they are knowen that as they desire to be had estemed counted for the faythfull members and children of the Church and do reioyce in the name of Christ so in likewise for the defeÌce of the same faith they wil obey inteÌd giue their ayd and fauorable help to you that are Archbishops Bishops and Ecclesiastical men inquisitours of al hereticall prauitie and other Iudges and Ecclesiasticall persons by you hereunto as aforesayd appoynted holdyng the fayth and communioÌ of our holy mother the church for the searching out taking safe custody of all the foresayde heretickes their beleuers their fauorers their receiuers and their defenders when so euer they shal be therunto of them required And that they bring and cause to be brought al delay set aparte the foresayde pestiferous persons so seeking to destroy others with them into suche safe keeping and prysons as by you the Archbyshops Byshops Clergie and Inquisitors aforesaid are to be appointed or els vnto such other place or places as eyther you or they shal commauÌd within any of their dominions gouernements and rectories where they by catholicke men that is by you the Archbishops byshops the Clergy and inquisitours or any other that shal be by you appointed or are already appointed by any of you may be holden and kept in safe keping putting them in fetters shackles boltes and manacles of yroÌ vnder most straight custody for escaping away tyll suche tyme as all that busines which belongeth vnto them be by the iudgement of the church finished and determined and that of suche heresie by a competent ecclesiasticall iudge which firmely holdeth the faith and communioÌ of the said holy church of Rome they be coÌdemned The residue let the foresayde temporall Lordes Rectours Iudges or other their officers and Pursinauntes take amongest them with condigne deathes without anye delay to punish But fearing least to the preiudice sclander of the foresayd catholicke fayth and religion thorough the pretext of ignoraunce any man herein shoulde be circumuented or that any subtile and craftie men should vnder the vayle of friuolous excuse cloke and disseÌble in thys matter and that as touching the coÌuincing or apprehending of the foresaid hereticks their receiuours defeÌdors fauourers beleeuers and adherentes and also of suche as are suspect of heresie and with suche like peruerse doctrine many wise spotted we might geue more perfect instruction Therfore as well to the kingdom of Bohemia parts neare adioining to the same as all other where this superstitious doctrine first began to spread we haue thought it good to send the articles here vnder written concerning yâ secte of those Archheretickes for the better direction of the foresayd Catholicke fayth Touching which articles by vertue of holy obedience we charge and commaund you and all other Archbishops and Bishops all maner of commissaries and inquisitours that euery of them within the Dioces and limites of theyr iurisdiction also in the foresaid kingdom dukedome and places neare adioyning although the same places be beyond the same their iurisdiction in the fauour of the catholicke faith do geue most dilligent and vigilant care about the extirpation and correction of those erroures archheresies and most pestiferous sect aforesayd and also that they compell all diffamed persons and suspecte of so pestiferous a contagion whether it be vnder the penaltie of the crime confessed ââ of excommunication suspension or interdicte or any other formidable payne canonicall or legall when and wheresoeuer it shall seeme good to them and as the quallitie of the facte requireth by an othe corporally taken either vpon the holy Euangelistes or vpon the reliques of Saintes or vpon the image of the crucifixe according to the obseruauntes of certayne places and accordyng to the interrogatories to make conuenient answere to euery article within written For we intend agaynst all and singular archbishops Byshops Ecclesiasticall persons or inquisitours which shall shew themselues negligent and remisse in the extirpation of the leauen of this hereticall prauitie and purging their territories dioces and places to them appoynted of such euill and wicked men to proceed and to cause to be proceeded vnto the deprauation and deposition of their pontificall dignities and shall substitute such other in their places which can and may be able to coÌfound the sayd hereticall prauitie and proceede to further paynes agaynst such by the lawe limitted and vnto other yet more grieuous if neede require we our selues will proceede and cause to be proceeded according as the party his fact and filthines of his crime committed shall deserue
The tenour of those articles wherof we haue made mention in this our owne writing are in wordes as follow The articles of Iohn Hus to be inquired vpon 1 THere is one onely vniuersall Church whiche is the vniuersitie of the predestinate as shall after be declared 3. The vniuersall Church is onely one as there is one vniuersitie of those that are predestinate 3. Paule was neuer a member of the Deuill although he did certayne actes like vnto the actes of the Church malignant 4. The reprobate are not partes of the Churche for that no part of the same finally falleth from her because that the charitie of predestination which bindeth the same Church together neuer fayleth 5. The two natures that is the Diuinitie and the humanitie bee one Christ. 6. The reprobate although he be sometime in grace according to present iustice yet is he neuer a part of the holy Churche and the predestination is euer a member of the Churche although sometime he fall from grace aduentitia but not from grace of predestinatioÌ euer taking the church for the conuocation of the predestinate whether they be in grace or not according to present iustice And after this sort the church is an article of our beliefe 7. Peter is not nor neuer was the head of the holy catholicke Church 8. Priestes liuing viciously doe defile the authoritie of priesthood and so as vnfaythfull Children do vnfaythfully beleue of the seuen sacraments of the keyes of the Church of offices of Censures of ceremonies of the worshippyng of reliques indulgences orders and other holy things of the Church 9. The papill dignitie came and grew from the Emperor and hys gouernement and institution sprang from the emperours gouernment 10. No man can reasonably affirme eyther of himselfe or other that he is the head of any particular Churche or that the bishop of Rome is the head of the Church of Rome 11. A man ought not to beleue that he which is byshop of Rome is the head of euery particuler Churche vnles god haue predestinate hym 12. None is the vicare of Christ or els of Peter vnlesse he follow him in maners and conditions seing that there is no other following more pertinent nor otherwise apte to receiue of God this power procuratory For vnto the office of a vicegerent of Christ is required the conformitie of maners and the authoritie of the institutor 13. The pope is not the manifest and true successor of Peter the Prince of the Apostles if he liue in maners contrary to Peter and if he hunt after auarice then is he the vicar of Iudas Iscarioth And likewise the Cardinalles be not the true and manifest successors of the Colledge of the other Apostles of Christ vnles they lyue according to the maner of the Apostles keeping the commaundementes counsels of our Lord Iesus Christ. 14. The Doctors alledging that if a man which will not be amended by the Ecclesiasticall censures is to be deliuered to the secular powers do follow in this poynt the byshops Scribes and Phariseis that deliuered Christ to the secular power saying it is not lawfull for vs to kill anye man because he would not obey them in all thinges and that such be greater homicides then Pilate 15. The ecclesiasticall obedience is such an obedience as the Priestes of the church haue found out besides the expresse authoritie of the scripture The immediate deuision of humaine works is that they be either vertuous or vicious if a man be vicious and doth any thyng then doth he it vitiously if he be vertuous and doth any thinge theÌ doth he it vertuously For like as vice which is called a great offere or mortall sin doth stayne all the doyngs of a vicious man so vertue doth quicken all the doinges of a vertuous man 16. A priest of God liuing after hys lawe and hauing the knowledge of the scripture and a desire to edify the people ought to preach notwithstanding any excommunication pretended of the pope And further if the pope or anye other magistrate doeth forbid a priest so disposed to preache he ought not to be obedient vnto hiâ For euery one that taketh vpoÌ him the order of priesthood receiueth in charge the office of a preacher and of that burden ought he well to discharge himselfe any excommunication against him pretended in any wise notwithstanding 17. By the Censures ecclesiasticall as of excommunication suspending and interdicte the clergy to their owne aduauncement cause the lay people to ayd them they multiply their auarice they defend their malice and prepare the way to Antichrist And it is an euident signe that such censures proceede from Antichrist which in their process they call Fulminationes that is their thunderboltes where with the clergy principally proceedeth agaynst those that declare the wickednes of Antichrist who so greatly for hys owne commoditie hath abused them 18. If the pope be euill especially if he be a reprobâââ theÌ is he with Iudas a very deuill a theefe and the sonne of perdition and is not the head of the holy Church militant nor any member of the same 19. The grace of predestination is the band wherwith the body of the church and euery member of the same is indissolubly ioyned to their head Christ. 20. The pope or Prelate that is euill and a reprobate is a Pastor in name and not in deede yea he is a theefe and a robber in very deede 21. The P. ought not to be called the most holy one for his office sake for then ought a king to be called by hys office the most holy one and hangmen with other such officers also were to be called holye yea the deuill hymselfe ought to be called holy for asmuch as he is Gods officer 22. If the pope liue contrary vnto Christ although he clime vp by the right and lawfull election according to the common custome of men yet notwithstanding shoulde be otherwise clime then by Christ yea though wee admitte that he shoulde enter by the election principally made by God For Iudas Iscarioth was lawfully elect of GOD Christ Iesus to hys byshopricke and yet came not he the same way he ought to do vnto the shepefold 23 The condemnation of 45. articles of Iohn Wickleffe by the doctors made is vnreasonable wicked and naught the cause by them alledged is sayned that is that none of them are Catholicke but euery on of them hereticall erroneous or slaunderous 14. Not for that the electours or the most part of theÌ haue consented together with liuely voyce according to the custome of men vpon the person of any therfore that person is lawfully elect or therfore is the true and manifest successors vicar of Peter the Apostle or of any other the Apostles in yâ ecclesiastical office Wherfore whether the electors haue either wel or euil made their election it behoueth vs to beleue the same by the workes of him that is elected
For in that that euery one that worketh more meritoriously to the profite of the Church he hath so much the more greater authoritie from God 25. There is not so muche as one sparke of appearaunce that there ought to be one head ruling and gouerning the church in spirituall causes which should alwayes be conuersaunt in the church millitaââ For Christ without anye such monstrous heds by his ââue disciples sparsed through the whole world could better a great deale rule his church 26. The Apostles and faythfull priests of God haue right worthily in al thinges necessary to saluation gouerned the church before the popes office tooke place and so might they doe agayne by like possibilitie vntill Christ came to iudgement if the popes office should fayle Let euery one that is suspected in the foresayd articles or els otherwise found with assertion of them Be examined in maner and forme as followeth IN primis whether he knew Iohn Wicleffe of Englande Iohn Hus of Bohemia and Hierome of Prage or anye of them and how he came by the knowledge of them whither that during the liues of them or any of them they had eyther bene conuersant with them or found any frendship at their handes 2. Item whether he knowing them or any of them to be excommunicate did willingly participate with them esteming affirming the same their participacioÌ to be no sin 3. Item whither that after their deathes he euer prayed for them or any of them openly or priuily doing any work of mercy for them affirming them to be either saintes or els to be saued 4. Item whether he thought them or anye of them to be Saintes or whether that euer he spake such wordes and whether euer he did exhibite any worshippe vnto them as vnto saintes 5. Item whether he beleue hold and affirme that euery generall councell as also the Councell of Constance doth represent the vniuersall Church 6. Item whether he doth beleue that that which the holy Councell of Constance representing the vniuersall church hath and doth alow in the fauour of the fayth and saluatioÌ of soules is to be approued and allowed of all the faythfull Christians and that whatsoeuer the same Councell hath condemned and doth condemne to be contrary both to the fayth and to all good men is to beleued holden and affirmed for condemned or not 7. Item whether he beleueth that the condemnations of Iohn Hus Iohn Wickleffe and Hierome of Prage made as well vpon their persons as their bookes and doctrine by the holy generall Councelll of Constance be rightly iustly made and of euery good Catholicke man are so to be holden and affirmed or not 8. Item whether he beleue hold and affirme that Iohn Wickleffe of England Iohn Hus of Bohemia and Hierome of Prage were heretickes or not and for heretickes to be nominated preached yea or not and whether theyr bookes and doctrines were and be peruerse or not for the which together with their pertinacie they wre condemned by the holye sacred Councell of Constaunce for heretiques 9. IteÌ whether he haue in his custody any treatises smal workes Epistles or other writinges in what language or tongue soeuer set forth and translated by any of these heretickes Iohn Wickleffe Iohn Hus and Hierome or any other of their false Disciples and followers that he may deliuer them to the ordinaries of that place or his commissary or to the inquisitours vpon hys othe And if he say that he hath no such writing about him but that they are in some other place that then you sweare him to bring the same before his Ordinary or other aforenamed within a certayne time to him prefixed 10. Item whether he knoweth any that hath the treatises works Epistles or anye other writinges of the aforesayd Iohn Wickleffe Iohn Hus and Hierome in whatsouer tong they are made or translated and that he detect manifest the same for the purgation of their fayth and execution of iustice 11. Item especially let the learned be examined whether he beleueth that the sentence of the holy Councell of Constance vpon the 45. articles of Iohn Wickleffe and the 30. Articles of Iohn Hus be not Catholicke which sayth that some of them are notorious hereticall some erroneous other some blasphemous some slaunderous some rash and seditious some offensiue to godly eares 12. Item whether he beleeueth and affirmeth that in no case it is lawfull for a man to sweare 13. Item whether he beleueth that at the commaundement of a iudge or any other it is lawfull to take an oth to tell the truth in anye conuenient cause although it be but purging of an infamy or not 14. Item whether he beleueth that periury wittingly coÌmitted vppon what cause soeuer whether it be for yâ safegard of hys owne life or of any other mans lyfe yea although it be in the cause and defence of the fayth be a sinne or not 14. Item whether a man contemning purposedly the rites of the Churche and the ceremonies of exorcisme of Cathechisme and the consecration of the water of Baptisme be deadly sinne or not 16 Item whether he beleue that after the consecration of the priest in the sacrament of the aultar vnder the figure of bread and wyne be no materiall bread and wyne but in al poyntes the same very Christ which was crucified vppon the Crosse and sitteth vpon the right hand of the father 17. Item whether he beleeue that after the consecration made by the priest vnder the onely forme of bread and besides the forme of wyne be the very flesh of Christ and hys bloud hys soule and hys deitie and so whole Christ as he is and in likewise vnder the forme of wine without the forme of bread bee the very fleshe of Christ and hys very bloud his soule and deitie and so whole Christ the same body absolutely vnder euery one of those kinds singularly 18. Item whether he doth beleue that the custome of houseling of the lay people vnder the forme of bread only obserued of the vniuersall Church and allowed by the onely Councell of Constance be to be vsed and not without the authoritie of the Churche at mens pleasures to be altered and that they that obstinately affirme the contrary to this are to be punished as heretickes or not 19. Item whether he beleue that those whiche contemne the receiuing of the sacramentes of confirmation or extreme vnction or els the solemnisation of matrimony coÌmit deadly sinne or not 20. Item whether he beleeue that a Christian man ouer and besides the contrition of hart being licensed of a conuenient priest is bound to confesse himselfe only to a priest and not to any lay man be he neuer so deuout or good vpon the necessitie of saluation 21. Item whether he beleue that in the cases before put a priest may absolue a sinner confessing himself and being contrite from all sinnes and enioyne him penaunce for the same
22. Item whether he beleueth that an euill Priest with due maner and forme and with the intentioÌ of doing doth verily consecrate doth verily absolue doth verily baptise and doth verily dispose all other sacramentes euen as the Church doth 23. Item whether he beleeue that Saint Peter was the Uicar of Christ hauing power to bynde and to lose vppon the earth 24. Item whether he beleue that the Pope being canonically elect whiche for the tyme shall be by that name expresly be the successor of Peter or not hauing supreme authoritie in the Church of God 25. Item whether he beleue that the authoritie of iurisdiction of the Pope an archbishop or a Bishop in binding loosing be more then the authorititie of a simple priest or not although he haue charge of soules 26. Item whether he beleue that the pope may vpon a iust and good cause geue indulgeÌces and remission of sins to all Christian men being verily contrite and confessed especially to those that go on pilgrimage to holy places and good deedes 27 Item whether he beleue that by such graunt the pilgrimes that visite those Churches and geue theÌ any thing may obtayne remission of sinnes or not 28. Item whether he beleue that all Bishops may grauÌt vnto their subiectes according as the holy Canons doe limit such indulgences or not 29. Item whether he beleue and affirme that it is lawfull for faythfull Christians to worship Images and the reliques of sayntes or not 30. Item whether he beleue that those religions whiche the Churche hath allowed were lawfully and reasonably brought in of the holy fathers or not 31. Item whether he beleueth that the pope or any other Prelate for the time being or their vicars may excommunicate their subiect Ecclesiasticall or secular for disobedieÌce or contumacie so that such a one is to be holden and taken for excommunicate or not 32. Item whether ye beleue that for the disobedieÌce and contumacie of persons excommunicate increasing the prelates or their vicares in spirituall thinges haue power to agrauate and to reagrauate to put vpon men the interdict and to call for the secular arme and that the same secular arme or power ought to be obedient to the censures by their inferiors called for 33. Item whether he beleue that the pope and other prelates or els their vicares haue power in spirituall things to excommunicate priestes and lay men that are stubberne and disobedient from theyr office benefice or entrance into the church and from the administration of the sacraments of the Church also to suspend them 34. Item whether he beleue that it is lawfull for ecclesiasticall persons without committing sinne to haue anye possessions temporall goodes and whether he beleeue that it is not lawfull for lay men to take away the same from theÌ by their authoritie but rather that such takers away incrochers vpoÌ ecclesiasticall goods are to be punished as committers of sacriledge yea although such Ecclesiasticall persons liue naughtely that haue such goodes 35. Item whether any such taking away or incrochyng vpoÌ any priest rashly or violently made although the priest be an euill liuer be sacriledge or not 36. Item whether he beleue that it is lawfull for lay meÌ of whether sexe soeuer that is men and women to preache the word of God or not 37. Item whether he beleue that it is lawfull to al priestes freely to preach the word of God whersoeuer whensoeuer and to whom soeuer it shal please them althogh they be not sent at all 38. Item whether he beleue that all mortall sinnes and especiall such as be manifest and publike are to be corrected and to be extirpate or not Furthermore wee will commaunde and decree that if any by secrete information by you or any other to be receiued shall be founde either enfamed or suspected of anye kind of the pestiferous sect heresie doctrine of the most pestilence men I. Wickleffe I. Hus and Hierome of Prage the archheretickes aforesaid or of fauoring receiuing or defending the foresayd damned men whilest they liued on the earth their false followers and disciples or any that beleeueth their errours or any that after their death pray for theÌ or any of them or that nominateth them to be amongst the number of catholick men or that defendeth them to be placed amongst the number of yâ saintes either by their preaching worshipping or otherwaies wherin they deserue to be suspected yâ then they by you or some of you may be cited personally to appeare before you or some of you wtout either Proctor or Doctor to answere for them an oth being opeÌly taken by them as is aforesayd to speak the plain mere veritie of the articles aboue written and euery of them or other oportune as case and circumstance shall require according to your discretion as you or anye of you shall see expedieÌt to proceed against them or any of them according to these presentes or otherwise canonically as you shall thinke good Also that you do publish solemnly cause to be published these present letters omitting the articles interrogatories herein contayned in the citties other places of your dioces where conueniently you may vnder our authoritie there to denounce and cause to be denounced all singular such hereticks with their abbetters fauorers of their heresies erroures of what sexe or kinde soeuer that do hold defend the sayd erroures or doe participate any maner of way with heretickes priuely or apertly of what state dignitie or condition soeuer he or they be Patriarche Archbishop king Queene Duke or of what other dignitie either Ecclesiasticall or seculare he be also with their aduocates and procurators whosoeuer whiche are beleuers followers fauourers defenders or receiuers of such heretickes or suspected to be beleuers followers fautors defenders or receiuers of them to be excommunicate euery sonday and festiuall day in the presence of the people Furthermore that you dilligently do to be inquired by the sayd our authoritie vpon all and singular such persons both men and women that mayntayne approue defend teach such erroures or that be fauourers receauers and defenders of them whether exempt or not exempt of what dignitie state preeminence degree order or condition soeuer And such as you shal finde in the sayd your inquisition either by their own confession or by any other meane to be diffamed or otherwise infected with the spot of suche heresie or errour you through the sentence of excommunication suspension interdict and priuation of their dignities personages offices or other benefices of the Church and fees which they hold of any church monastery and other Ecclesiastical places also of honours and secular dignities and degrees of sciences or other faculties as also by other paynes and censures of the Church or by wayes and meanes whatsoeuer els shall seeme to you expedient by taking and imprisoning of their bodies and other corporall punishmentes
nowe come to manifest their innocencie before the whole Church and to require open audience where as the laitie may also be present The request was graunted them and being further demanded in what poynts they did disagree from the church of Rome they propounded 4. Articles First they affirmed that all suche as woulde be saued ought of necessitie to receiue the Communion of the laste supper vnder both kindes of bread and wine The second Article they affirmed aâl ciuil rule and dominion to be forbidden vnto yâ Clergy by the law of God The thirde Article that the preaching of the worde of God is free for all men and in all places The fourth Article as touching open crimes and offences which are in no wise to be suffered for the ââoiding of greater euill These were the onely propositions whyche they propounded before the Councell in the name of the whole realme Then another ambassador affirmed that he had hard of the Bohemians diuers and sundry thinges offensiue to Christian eares amongst the which this was one poynte that they should preach that the inuention of the order of begging Friers was diabolicall Then Procopius rising vppe sayde neither is it vntrue for if neyther Moises neyther before hym the Patriarkes neither after him the Prophets neyther in the new lawe Christe and hys Apostles did institute the order of begging friers who doth dout but that it was an inuention of the deuil and a worke of darkenesse This answere of Procopius was derided of them all And Cardinall Iulianus went about to prooue that not onely the decrees of the Patriarkes and Prophetes and those things which Christ and his Apostles had instituted to be onely of God but also all such decrees as the church shuld ordaine being guided through the holy ghost be the workes of God All be it as he sayde the order of begging Friers might seeme to be taken out of some parte of the gospel The Bohemians chose out 4. diuines which shuld declare their Articles to be taken out of the Scriptures Likewise on the contrary part there was 4. appoynted by the councell This disputation continued 50. dayes where many thinges were alledged on either parte whereof as place shal serue more hereafter by the grace of Christ shal be sayd when we come to the time of that Councel In the meane season while yâ Bohemians were thus in long conflicts wyth Sigismund the Emperour and the Pope fighting for their religion vnto whome notwtstanding all the fulnesse of the Popes power was bent against them God of his goodnesse had geueÌ such noble victories as is aboue expressed and euer did prosper them so loÌg as they could agree among theÌselues as these things I say were doing in Boheme King Henry the 5. fighting likewise in Fraunce albeit for no like matters of religion fell sicke at Boys and died after he had raigned 9. yeres 5. moneths 3. wekes and odde daies from his coronation This king in his life and in all hys doings was so deuout seruiceable to the Pope and his chapleins that he was called of many the Prince of priests who left behind him a sonne being yet an infant 9. monthes and 15. dayes of age whom he had by Quene Katherine daughter to the French king married to him about 2. or 3. yeares before The name of which Prince succeeding after his father was Henry 6. lefte vnder the gouernement and protection of his vncle named Humfrey Duke of Gloucester ¶ The names of the Archbishops of Canterbury in this fifte Booke conteined 54 Simon Islepe 17 56 Simon Langham 2 57 William Witlesey 5 58 Simon Sudbery 6 59 William Courtney 15 60 Thomas Arundel 18 61 Henry Chichesly 29 THE SIXT PART OR SECTION pertaining to the last 300. yeares A preface to the reader ACcording to the fiue sondry diuersities and alterations of the Churche so haue I deuided hetherto the order of thys presente Church story into fiue principall partes euery part containing 300. yeares So that nowe comming to the laste 300. yeares that is to the last times of the Church counting from the time of Wickleffe For as muche as in the compasse of the sayd last 300 yeres are contained great troubles and perturbations of the Church with the meruailous reformation of the same through the wonderous operation of the almighty all which things cannot be comprehended in one booke I haue therefore disposed the sayd latter 30. yeares into diuers bookes beginning nowe with the sixt booke at the raigne of king Henry the vj. In which booke beside the greeuous and sundry persecutions raised vp by Antichrist to be noted here in is also to be obserued that where as it hath of long time bene receyued and thought of the common people that this religion now generally vsed hath sprong vp and risen but of late euen by the space as many do thinke of 20. or 30. yeares it may now manifestly appeare not onely by the Acts and Monuments heretofore passed but also by the hystories here after following howe this profession of Christes religion hath bene spread abroade in Englande of olde and auncient time not onely from the space of these 200. late yeares from the time of Wyckleffe but hathe continually from time to time sparkled abroade although the flames thereof haue neuer so perfectly burst out as they haue done within these hundred yeares and more As by these hystories here collected gathered out of Registers especially of the Diocesse of Norwich shall manifestly appeare wherein may be seene what men and how many both men and women within the sayde Diocesse of Norwich haue bene which haue defended the same cause of doctrine which now is receiued by vs in the Church Which persones althoughe then they were not so strongly armed in their cause and quarel as of late yeres they haue bene yet were they warriours in Christes churche and fought for their power in the same cause And although they gaue backe through tyrannie yet iudge thou the best good Reader and referre the cause therof to God who reuealeth all things according to his determined will and appoynted time THis yong prince being vnder the age of one yeare after the death of his father succeeded in his reigne and kingdom of England Anno 1422. and in the 8. yeare was crowned at Westminster and the 2. yeare after was crowned also at Paris Henry bishop of Winchester Cardinall being present at them both raigned 38. yeres and then was deposed by Edwarde the 4. as heere after Christ willing shall be declared in his time In the firste yeare of his raigne was burned the constant witnesse bearer and testis of Christes doctrine William Tailour a Priest vnder Henry Chichesley Archbishop of Canterbury Of this William Tailour I read that in the dayes of Thomas Arundell hee was first apprehended and abiured Afterwarde in the daies of Henry Chichesley aboute the yeare of our Lorde 1421. which was
1420. also Henry Radtgeber Priest in the same Citie an 1423. Iohn Draendorfe of noble birth and a Priest was burned at Wormes an 1424. Peter Thoraw at Spyre an 1426. Math. Hager also suffered at Berline in Germany not long after Ex Balei Centur. sept After the death of Pope Martine who reigned foureteene yeares succeeded Eugenius the fourth of that name about the yeare of our Lord 1431. Of whome Antoninus thus writeth that he was much geuen to wars as may well declare his conflictes and fighting with the Romaines also the battailes betweene the Venetians and the Florentians This Pope began first to celebrate the Councell of Basill which Councell Martin his predecessour had before intended according to the institution of the Councell of Constance Notwithstanding the said Eugenius perceauing afterward this Councell of Basill not to fauour him and his doings and fearing some detriment to come to him by the same afterward laboured by all subtill practise to dissolue and interrupt the saide Councell and from Basill to translate it first to Ferraria then to Florentia more neere to his owne sea of Rome Concerning the which Councell of Basill forsomuch as we haue begon heere to make mention it shall be no great digression out of the way to discourse something thereof the Lorde so permitting more at large so much as for the most principall matters thereof shall seeme sufficient or necessary to be knowne ¶ Heere foloweth the order and maner of the Councell of Basill touching the principall matters concluded therein briefly collected and abridged heere in this present booke The rest whereof we haue referred vnto our former edition wherein the full discourse of the whole disputation is to be seene more at large for suche as haue list and leisure to see more thereof IN the 39. session of the Councell of Constance as is before mentioned page 594. it was decreed and prouided concerning the order and tunes of such generall Councels as should heereafter followe The first that shoulde next ensue to be kept the fift yeare after the said Councell of Constance the second to be holden the seauenth yeare after that and so orderly all other to follow successiuely from ten yeare to ten yeare Wherefore according to this decree followed a generall Councell fiue yeares after the Councell of Constance celebrate and holden at Sene vnder Pope Martine an 1424. but it soone broke vp After the which Councell the tearme of seauen yeares being expired another Councell was holden at Basill in the yere of our Lord 1431. The which Councell is noted to haue bene the most troublesome and to haue endured longer then any other Councell beforetime celebrate and holden in the Church This Councell continued almost the space of seauenteene yeares wherein it was concluded as before in the Councel of Constance that the generall Councels were aboue the Pope and both of these two Councels did attribute the chiefe authoritie in decreeing and determining vnto the generall Councell which is the cause that the contrary part doth derogate so much from the authoritie of this present Councell When as Pope Martine the first had appointed Iulian Cardinall and Deacon of S. Angell his Legate to celebrate and holde a generall Councell at Basill for the reformation of the Churche and rooting out of heresies within short space after Pope Martin died in whose seate Eugenius the fourth succeeded who confirmed vnto the said Cardinall Iulian the same authoritie which his predecessor before had giuen him Vnto this Councell of Basill beeing begon came the Emperour Sigismund who during his life time with his presence and authoritie did protect and defend the said Synode After the Emperours death Pope Eugenius altering his former minde purpose would transport the Councell vnto Bononie and thereby hindred the successe of the Councell of Basill And first he helde a contrary Councell at Ferraria and afterward at Florence For after the death of the Emperour Sigismund there was no Princes or noble men that had any care or regard of the Councell Eugenius the Pope pretended causes as touching the Greekes which should come vnto the Councell and the vniting of their Church vnto the West Church the which Greekes woulde in no wise passe the Alpes Also as touching his owne incommoditie that he could not come vnto Basill being so long a iourney and that all his men might haue easie accesse vnto Bononia and that amongst the Germaines which in their owne countrey are so intractable nothing can be attempted for their reformation whereupon he cited Cardinall Iulian and the fathers of the Councel vnto Bononia vnder great penaltie vnder great penaltie They againe cited the Pope that either he should come himselfe vnto the Councell or send Ambassadors vnder the like penaltie For this cause the Ambassadours of Albert King of the Romaines and of the other Princes of Germany assembled together first at Norenberge and when as they coulde determine nothing there they assembled againe at Frankford to appease the dissention betweene the Councell and the Pope for it was thought that the Electors of the Empire might best assemble and meete in that place In the meane time the Emperours Ambassadours and the Ambassadours of the Electors went vnto Basill and hauing conference with the Ambassadours of the other Princes which were there they did earnestly exhort the fathers of the Councell that they would embrace and receiue the vnitie which they would offer The request of the Princes was that the fathers would transport the Councell and go vnto another place the which onely thing Pope Eugenius seemed alwaies to seeke and desire that therby he might either diuide the fathers of the Councell or take away their libertie Notwithstanding this sacred Synode thought good neither to deny the princes request nor to graunt that which Pope Eugenius required During this doubt the Emperours Ambassadours the Bishops of Patauia and Augusta being much required and stirred thereunto appointed a noble and valiant Baron called Conrad Weinsperge by the Kings commandement to be Protector and defender of the Councell and the fathers Whereby as the enemies perceiued the Emperours minde to be alienate from the Pope so the Fathers of the Councell vnderstood his good will towards them forsomuch as he would not haue sent them a protector if he had not iudged it a lawfull Councell neither againe would he haue iudged it a CouÌcell in Basill if he had geuen credit to Pope Eugenius But by meanes of a great pestileÌce which began to grow the assembly that should haue bene holden at Frankford was transported vnto Mentz The Ambassadours of the princes also thought good to go thether if they might find any meanes of vnity whereby they might vnite and knit the Pope againe vnto the Councell The assembly was very famous for there were present the Archbishops of Mentz Colen Treuers Electours of the sacred Empire and all the Ambassadours of the other Electours
but according to their owne wil and disposition They doe greatly esteeme and regard this which was spoken vnto Peter Tu vocaberis Cephas i. Thou shalt be called Cephas by the which worde they make hym the head of the Church Also I will geue thee the keyes of the kingdome of heauen and whatsoeuer thou shalt bind vpon earth c. I haue prayed for thee Peter that thy Faith would not faile And againe feede my sheepe Last thy net into the depe Be not afrayd for from theÌceforth thou shalt be a fisher of men Also that Christ commaunded Peter as the Prince of the Apostles to pay tolle for them bothe and that Peter drew the net vnto the land full of great fishes that onely Peter drew his sword for the defence of Christ. Al which places these meÌ do greatly extol altogether neglecting the expositions of the fathers the which if as reason were they would consider they shuld manifestly perceine by the authorities aforesayde that the Pope is not aboue them when they are gathered together in Councell but when they are separate and deuided But these things being passed ouer for somuch as answere shall appeare by that which heereafter shall followe we will now declare what was reasoned of by the learned men vppon thys question But first wee woulde haue it known the all men which are of any name or estimation do agree that the Pope is subiect to the Councell and for the proofe therof they repeat in a maner al those things which were before spoken of the church for they suppose all that which is spoken of the Churche to serue for the generall Councell And first of all they alledge this saying of the Gospel Dic Ecclesiae tell it vnto the Church In the whych place it is conuenient to vnderstand that Christ spake vnto Peter instructing him what he should doe as touching the correction of his brother He saith if thy brother offend or sinne against thee rebuke him betwene thee and him alone If hee geue care vnto thee thou hast wonne thy brother but if he doe not geue eare vnto thee take in thee one or two that in the mouth of two or thee witnesses all truth may stand if theÌ he wil not geue eare vnto thee Dic Ecclesiae tell it vnto the Church What shal we vnderstand by the church in that place shall we say that it is the multitude of the faithfull dispersed throughout the whole worlde My yoke is pleasaunt sayth the Lord my burden is light But howe is it light if Christ commaunde vs to doe that which is impossible to be done For howe coulde Peter speake vnto the Churche which was dispersed or to seeke out euery Christian scattered in euery Towne or Citie But the meaning of these words is farre otherwise and they must be otherwise interpreted for which cause it is necessary that we remember the double person which Peter represented as the person of the high byshop and a priuate man The sense and meaning of his words are euident and plaine inough of themselues that they neede no supplement or alteration We must first marke and see what thys worde Ecclesia signifieth the which we do find but only to be twise spoken of by Christ once in this place and againe when as he said vnto Peter Tu es Petrus super hanc Petram edificabo Ecclesiam meam That is Thou art Peter and vpon this rock wil I build my Church Wherfore the Church signifieth the connocation or congregation of the multitude Dic Ecclesiae tell it vnto the church That is to say tel it vnto the Congregation of the faithful the which forsomuch as they are not accustomed to come together but in a generall Councel this interpretation shall seeme very good Dic Ecclesiae tel it vnto the Church that is to say Dic generali Concilio tel it vnto the generall Councell In this case I would gladly heare if there be any man which doth thinke thâse words to be more properly expressed in any Prelate then in the councell when as they must put one man for the multitude whych if it be admitted in the scriptures we shall from hencefoorth finde no firme or stable thing therein But if any man doe maruaile at thys interpretation let him search the old wryters and he shall finde that thys is no newe or straunge interpretation but the interpretation of the holy fathers and olde Doctours whyche haue first geuen lyght vnto the Churche as Pope Gregorie witnesseth a man worthy of remembrance both for the holines of his life and his singular learning whose wordes are these wrytten in his Register vnto the bishop of Constantinople And wee sayde hee against whome so great an offence is committed through temeratious boldnesse do obserue and keepe that which the truth doth commaunde vs saying Si peccauerit in te frater that is If thy brother do offend against thee c. And afterward he addeth more if my rebukes and corrections be despysed it remaineth that I do seeke helpe of the church The which words doe manifestly declare the Church heere to be taken for the generall Councell Neither did Gregory say that he wold seeke helpe of the Church that is dispearsed abroad in euery place but of that which is gathered together that is to say the generall Councell for that whych is dispearsed abroad cannot be had except it be gathered together Also Pope Nicholas reproouing Lotharius the king for adultery sayd if thou doest not amend the same take heede that we tell it not vnto the holy Church In the which saying Pope Nicholas did not say that he wold go throughout the world to certifie euery one man by man but that hee would call the Church together that is to say the general councell and there would publish and declare the offence of Lotharius the he which had contemned the Popes commaundements shoulde feare the reuerence of the general councell I could recite an infinite nuÌber of witnesses for that purpose the which all tende vnto one ende but this one testimony of the Councell of Constance shall suffice for them all wherein it is sayde that not onely the Pope in the correction of his brother is remitted vnto the Councell when as he can not correct him of hymselfe but also when as any thing is done as touchyng the correction of the Pope himselfe the matter ought to be referred to the councel Wherby it appeareth our interpretation to be most true which doth expound the Church to be in the generall Councell Hereupon the Actes of the Apostles the Congregations whych were then holden were called the Church Also in the councell of Nice and in other Councels wheÌ as any man shuld be excommunicated alwayes in a maner thys sentence was adioyned Hunc excommunicat Catholica Apostolica Ecclesia The Catholicke and Apostolicke Church doth excommunicate thys man And heereuppon that title is geuen
shoulde not exclude sinne but so to grant it that by the authoritie of our Lord Iesus Christ and of his true spouse the Church it may be lawfull profitable healthfull vnto those which worthely receiue the same Also as touching that which was spoken by the said Bohemians of the punishing of offences that it is in Scriptures how that God ofteÌtimes stirreth vp the harts of priuate persons to the correction punishing of sinnes and so it should seeme lawfull vnto the inferiours to correct and punish their superiours they answered alledging the text of S. Augustin in the xxiij decree He that striketh wicked men in that they are wicked hath cause of death against them is the minister of God but he which without any publike administratioÌ or office murdereth or maimeth any wicked theefe sacrilegious adulterous or periured person or any other offender shall be iudged as an homicide and so much the more sharply in that he feared not to abuse vsurpe the power not graunted him of God and truly this City woulde take it much more greuously if any priuate man should attempt to punish an offeÌder set vp a gallowes in the streate and there hang him then if one man should kill another in brawle or quarell They alledged also other textes of S. Ambrose S. Hierome agreeable to yâ same They said that no maÌ doubteth that the law of God is duly holily appointed and therein is simply writteÌ thou shalt not steale And notwtstanding by the commandement of God the childreÌ of Israell caried away the goods of the Egyptians which they had borowed of theÌ Also in the same law it is plainely writteÌ thou shalt do no murther Wherupon S. Austen in his first booke De Ciuitate Dei proueth that it is not lawful for any maÌ to kill himselfe and wheÌ as he maketh example of Sampson he answereth with these words when as God commandeth doth affirme himselfe to command wythout any doubt who is he that will call obedience sinne or who will accuse the obedience to God Here in this proposition you haue the words of S. Austen for an answer But let euery man well foresee if God do commaund or that he do intimate the commandemeÌt without any circumstances and let him proue the spirites whether they be of God But in suche cases there are no lawes to be geuen neither are they much to be talked of for therby there should easely occasioÌ rise to make seditioÌ for the inferiours to rise against the superiours For wheÌ any man had stollen any thing or killed any maÌ he would say that he was moued thereunto by the spirite of God but without manifest proofe therof he should be punished Againe they sayd that there were certaine cases wherein the Laity had power ouer the Clergy It was answered that there were certaine cases in the law wherein the Laity hath power ouer the Cleargy and oftentimes ouer Cardinals For if the Pope being dead the Cardinals would not enter that CoÌclaue to elect a new Pope the king prince or other Lord or secular power may compel them but in these cases he is now no priuate person but vseth his iurisdiction by the authority of the law The like is to be vnderstand of all other cases expressed in the law They said further that no common law hath any right or iustice except Gods law do allow the same It was answered that no common law hath right or iustice if it be against the law of God for because the law of God is the rule of all other lawes But there is great cuÌning and knowledge in applieng the rule to that which is made by the rule for oftentimes it seemeth that there is diuersitie in the thing made by the rule when there is none in deede but the default is in the applieng because the rule is not duely applied to the thing made by it As touching the Article of preaching the word of God it was moued that oftentimes some Prelates thorough their owne enuie and malice without any reasonable cause do inhibite a good and meete Preacher that preacheth Catholickely and well Aunswer was made how that they vnderstood well inough that the abuse of certaine Prelates which did inordinately behaue themselues gaue a great occasion of those troubles Also that they neuer heard of any such coÌplaints in those parties but that the Prelates do fauour good preachers and stirre them vp to preach by intreaty fauour promotioÌ In al such cases there are remedies already prouided by the law for when any maÌ is so prohibited to vse his right he hath remedy to appeale and if he do trust his appeale to be iust he may vse his right all violeÌce both of the spirituall and secular power set apart for the end of the matter shall declare if he had iust cause to appeale Then shal be declared that the superiour hath done euill in prohibiting the pleantiue iustly in doyng and the superiour for his vniust prohibition shal be punished But if he be iustly prohibited and that through his temeritie he do coÌtemne the iust coÌmaundement of his superiour he is worthy to be punished with condigne punishment Where it was moued coÌcerning the third Article whether it were lawfull for the Ecclesiasticall Prelates to exercise in their proper person the actes of secular dominioÌ hereunto it was aunswered that if by this word actes of secular dominion are vnderstand actes whiche a secular Lord may do or exercise then is it to be sayd that a Prelate may lawfully exercise some such actes in his proper person as to sell to paune or pledge to infeofe by maner and forme ordeined by law but there are some actes which it is not lawfull for them to exercise in their proper person but ought to haue afterward a Uicegerent or Proctor to doe the same whereupon there is prohition made in the law in the Rubrike Ne clerus vel Monachus secularibus negotijs se immisceat in alijs rebus It was also moued whether that coactiue power whiche ought to be exercised by a Steward c. be in the handes of an Ecclesiasticall Prelate Whereunto Iohn Polomair auÌswered that this question presupposeth an other wherof there are diuers opinions amoÌgest the Doctours in whose power the dominion of the Church should be and furthermore whether the actioÌs be in the person of the tutor or proctor or if they be not in their person notwithstandyng by the constitutioÌ of any actor or proctor whose exercising of those actions do geue authoritie vnto the actor or proctor they be with other difficulties whereof it is not needefull to speake at this present But for somuch as he was vrged to say his opinion he sayd that to such as had either leysure or pleasure in disputation would argue agaynst him he would be coÌteÌted to geue the choise to
disordinate persones we may well and vpon probable causes repute deme culpable not only of heretical prauitie but also of high treason and as rebels to our persone Maiestie and violatours of the peace and dignity of our Realme as with all breakers and trespassours against the sacred Canons of the Churche who dare so presumptuously aduenture to worship the said Richard as a Sainct whereas it is not lawfull to worship any manner of person be he neuer so holy before he be canonised by the authority of the B. of Rome We therefore being very carefull for the good preseruatioÌ of our peace and desirous to abolish from out al the coastes of the same al maner Idolatry do charge command you that in certain places within your liberties wher you shal think most coÌuenient you cause forthwith proclamatioÌs to be made on our behalf straightly charging that no person from hencefoorth presume to resort to the place where the saide Richarde was executed vnder colour of Pilgrime or for any other cause of deuotion what so euer nor send any offering thither nor worship him hereafter openly or secretly nor adiudge esteme repute name or talke of him as otherwise iustified or innocent then such as the said reuerend father by his former definitiue sentence hath pronounced him to be vpon paine and penaltye to be taken and reputed for an hereticke or a fauourer of hereticks and to receiue condigne punishment prouided for hereticks And that you arrest all euery person whom you shall finde to do any thing coÌtrary to this our Proclamation and the same so arested commit to our prisone there to remaine vntil we shal thinke good to send countermaund for their deliuerance Witnes the king at his Manor of Estampstede the 15. day of Iuly in the 18. yere of his reigne Per ipsum Regem Like writtes and to the same effect were directed to al the shrines through all the realme bearing all one and the same Date By the vertue of which letter the Maior and sheriffes did such diligence that shortly after that coÌcourse and seking of the people was left of After the burning of thys man which was about the moneth of Iune in the same yere about Nouember a connocation was called by Henry Archbish. of Cant. wherein was propounded among the clergie to consult with them selues what way were best to be taken for the remoouing a way the law of Premuniri facias for so were the harts then of the temporalty set against the ecclesiasticall sort that where any vantage might be geuen them by the law they did nothing spare by reason whereof the churchmen at that time were greatly molested by the sayd law of Premuniri and by the kings writtes and other inditements to their no smal anoyance By long consultation and good aduisement at last this way was taken that a petition or supplicatioÌ should be drawen and presented to the king for the abolishing of the foresaid lawe of Premuniri facias and also for the restraining of other briefes wryts and inditements which seemed then to lie heauy vppon the Clergy This bill or supplication being contriued and exhibited by the Archbish. of Canter and of Yorke vnto the king standing in neede the same time of a subsidie to be collected of the cleargie thys aunswer was geuen to their supplication on the kings behalfe that for somuche as the time of Christenmaste then drewe neare whereby he had as yet no sufficient leisure to aduise vppon the matter he woulde take therein a farther pause In the meane time as one tendering theyr quiet he would send to al his officers and ministers wtin his realm that no such briefe of Premuniri shoulde passe against them or any of them from the saide time of Christenmas till the next Parliament An. 1439. Ex Regist. Cant. In my former edition of Acts monuments so hastely rashed vp at that present in such shortnesse of time as in the sayde booke thou mayst see gentle reader declared and signified among many other matters therein contained there is a shorte note made of one Eleanor Cobham Duchesse of Gloucester of Syr Roger Onley knight priest it should haue ben printed which two persons about the yeare of our Lord. 1440. or the next yeare following were condemned the one to death the other to perpetual prison Of this litle short matter maister Cope the Popes Scout lying in priuie wait to spie faults in al meÌs works wherso euer any may appeare taketh pepper in the nose falleth againe vnto his olde barking against mee for placing these foresayd persons in my booke of Martyrs but especially he thinketh to haue great vantage against me for that in the same story I do ioyne withal one Margaret Iourdeman the witch of Eye condemned also wyth them the same time and burned for practising the kings death by an image of waxe c. To answere hereunto first I say as I before sayde that I professe no such title to wryte of Martyrs but in generall to wryte of rites and Monuments passed in the church and realme of England Wherein why should I be restrained from the free walke of a story wryter more then other that haue gone before me Secondly touching my commendation of Sir Roger Onley and the Lady Eleanor if maister Alane be therewith offended I aunswer that I commended them for sauoring and fauoring of the truth of Christes doctrine For the fact if any such were in them I do not commend them And although I did commend them yet neither did I it w e any long tarying vppon it nor yet all together vpon mine owne head without some sufficient warrant of authoritie For why may not I as well beleeue Iohn Bale as M. Alane beleue M. Fabian especially seeing I do knowe and was priuie that the saide Iohn in recognising his Centuries followed altogether the history of Leland De Catalogo virorum illustrium which booke being borowed of master Cheke I my selfe did see in the hands of the foresayd Iohn Bale what time we were both together dwelling in the house of the noble Lady Duches of Richmond Wherefore if he thinke me so leud to speake without mine authors he is deceiued And if he thinke mine authors not to be beleeued then let thys Nomothetes or iolly Dictator come foorth and prescribe vs a law what authors he would haue vs to take and what to refuse For els why is it not as free for me to credite Iohn Bale and Leland as for him to credite Robert Fabian and Edw. Hall especially seeing they had seene hys bookes and workes left behinde him wherupon they might better iudge and so did neuer these Thirdly for the name of Roger Onley if Cope denie that there was any such name in stories meÌtioned but that there was one called Roger Bolingbroke c. heereby it may appeare that either his prompter out of England deceiued him or els that hee going
mischiefe For vpon the necke of this matter as witnesseth Fabian Polychronicon and Hall whiche followeth Polych first ensued the condemnation of L. Elianour the Duches and her Chapleynes as ye haue heard before Whereby it may appeare the sayd Duches more of malice then any iust cause this to haue bene troubled Also within vi yeares after followed the lamentable destruction of the Duke himselfe as hereafter more is to be declared About which time or not long after an 1443. the steeple of Paules was set on fire by lightening and at last by dilligent labour of helpers the fire was quenched And after the condemnation of lady Elianour the Duches aforesayd within few yeares an 1445. followed the death of Henry Chichesley Archbishop of Cant. by whom she was condemned in S. Stephens chappell at Westin for penaunce to beare a taper through cheapside three sondry times and afterward outlawed to the I le of Manne vnder the custody of syr Iohn Standly knight This HeÌry Chichesley builded in hys time 2. Colledges in the vniuersitie of Oxford the one called Alsolne Colledge the other named Barnard Colledge Proceeding now to the yeare wherein suffered Humfrey that good Duke of Gloucester which was the yeare of that Lord. 1447. first we will begin in few words to intreat of his life conuersation then of the maner and cause of hys death As touching the ofspring and dissent of this Duke first he was the sonne of Henry the fourth brother to kyng Henry the fift and vncle to kyng Henry the sixt assigned to be the gouernour and protector of his person Of manners he seemed meeke and gentle louing the common wealth a supporter of the poore commons of wit wisdome discreet and studious well affected to religion and a frend to veritie no les enemy to pride ambitioÌ especially in hauty prelates which was his vndoing in this preseÌt euil world And which is seldome rare in such princes of that calling he was both learned himselfe no lesse geuen to study as also a singular fauourer patron to them which were studious learned And that my commendation of him may haue the more credite I wil produce the testimony of learned writers who liuing in hys time not only do coÌmend his famous knowledge and ripenes of learning in him but also commit submit their works to his iudgement to be examined Of whiche writers one is Petrus de Monte writing De virtutuÌ vitiorum differentia who in his Epistle dedicatory beginning with the singuler commendation of this Duke and afterward speaking De optimarum artium liberaliumque scientiarum peritia sayeth thus Cui tu quidem omni conatu omni ingenio atque studio incumbis adeo vt nihil tibi sine librorum lectione iocundum gratum aut certe delectabile videatur c. And in further processe of his worke thus he further declareth saying Delectaris autem non vna tantum arte aut scientia quanquam id quidem esset satis verum fere omnibus earumque codices magna quadam auiditate legisti c. Besides this Petrus de MoÌte let vs heare also the iudgement of an other writer of the same age named Lapiscastellius who likewise dedicating to the sayd Duke Humfry his booke intituled Comparatio studiorum rei militaris amongst diuers other words coÌmeÌdatory hath these as follow Ad te potissimum mitto quod horum te optimum sapientissimum iudicem fore existimo qui vt ex integerrimo pat domino Zenone Baiocensi episcopo homine tuae laudis cupidissimo accepi ita in his humanitatis studiis inuigilares vt nullus toto terraruÌ orbe princeps nec doctrina nec eloquentia nec humanitate tecum comparandus sit c. Many other argumentes and places may be brought to declare what is to be esteemed of the learning and studious wit of this noble Prince Furthermore as the learning of this Prince was rare and memorable so was the discreete wisedome and singular prudence in him no lesse to be considered as for the more manifest proofe thereof I thought here good amongst many other his godly doings to recite one example reported as well by the penne of syr Thomas More as also by M. William Tindall the true Apostle of these our latter dayes to the intent to see and note not only the craftye working of false miracles in the clergye but also that the prudent discretion of this high and mighty prince the fore sayd Duke Humfrey may geue vs better to vnderstand what man he was The story lyeth thus In the yong dayes of this king Henry the sixt beyng yet vnder the gouernance of this Duke Humfrey his protector there came to S. Albones a certayne begger wyth his wife and there was walking about yâ towne begging fiue or sixe dayes before the kinges comming thether saying that he was borne blind and neuer saw in his lyfe was warned in hys dreame that he shuld come out of Barwik where he sayd he had euer dwelled to seek S. Albon and that he had bene at his shrine and had not bene holpeÌ and therefore he would go and seek him at some other place for he had heard some say since he came that S. Albones body shoulde be at Colon and in deede suche a contention hath there bene But of truth as I am surely informed he lyeth here at S. Albones sauing some Reliques of him whiche they there shew shryned But to tell you foorth when the king was comen and the towne full sodainly this blynde man at S. Albones shrine had hys sight agayne and a miracle solemnly ronge and Te Deum song so that nothing was talked of in al the towne but this miracle So happened it theÌ that Duke Humfrey of Glocester a man no les wife then also well learned hauing great ioye to see suche a miracle called the poore man vnto him and first shewing himselfe ioyous of Gods glory so shewed in the getting of his sight and exhorting him to meekenes and to no ascribing of any part of that worship to himself nor to be proud of the peoples prayse which would call him a good godly man therby at last he looked well vpon his eyne and asked whether he could see nothing at al in al his life before And when as well his wife as himselfe affirmed fastly no then hee looked aduisedly vpon his eyen againe and sayd I beleue you very well for me thinketh ye cannot see well yet Yes syr quod he I thanke God and hys holy martyr I can see now as well as any maÌ Yea can quod the duke what colour is my gowne Then anon the begger tolde him What colour quoth he is this mans gowne He told him also and so forth without any sticking he told him the names of all that colours that could be shewed him And when the Duke saw that he
authority declareth calleth stablisheth affirmeth and reputeth the sayd Richard of Yorke very true and rightfull heyre to the crowne of England and Fraunce and that all other statutes and acts made by any of the Henryes late contrary to this aduise be annulled repelled damned cancelled voyd and of no force or effect The king agreed and consented that the sayd Duke and hys heyres shall after his naturall life enioy the crowne c. Also that all sayinges and doinges agaynst the duke of Yorke shall be hygh treason and all actes of Parliamentes contrary to this principall act be voyd and of none effect c. And thus much for the reign of king Henry the 6. Who now lacked his vncle and protector Duke of Glocester about him But commonly the lacke of such frendes is neuer felt before they be missed In the time of this king was builded the house in LoÌdon called LeadeÌ hall fouÌded by one Simon Eyre Maior once of the sayd City of London an 1445. Also the standard in cheape builded by Iohn Wels an 1442. the Conduite in Fleetstreet by William Castfield an 1438. Item Newgate builded by goods of Rich. Whittington an 1422. Moreouer the sayde Henry 6. founded the Colledge of Eton and another house hauing then the title of S. Nicolas in Cambridge now called the kinges Colege Ex Scal. mundi In the reigne of this Henry 6. it is not be passed ouer in silence which we finde noted in the Parliament rolles how that Lewes Archbishop of Rhoen after the death of the late Bishop of Eley had grauÌted vnto him by the popes Bulles during his life all the profites of the sayd bishoprick by the name of the administratour of the said Bishopricke Lewes the foresayde Archbishop sheweth his Buls to the king who vtterly reiected his Bulles Notwithstanding for his seruice done in Fraunce the king graunted to hym the administration aforesaid the which to all intents at the petition of the sayd Lewes should be affirmed to bee of as great force as though he were bishop touching profits liberties and hability Neither agayn is here to be ouerpast a certayn tra gicall Acte done betweene Easter and Whitsontide of a false Britone an 1427. Which murdered a good widdow in her bed who had brought him vp of almes without Algate in the suburbes of London and bare away all that she had afterward he tooke succor of holy church at S. Georges in Southwarke but at the last he tooke the crosse forswore the kings land And as he went his way it happened him to come by the same place where he had done that cursed deed and women of the same parish came out with stones and cannell dong and there made an end of him in the hye streete so that he went no further notwithstandinge the Constables and other men also which had hym vnder gouernaunce to conduct him forwarde for there was a great company of them so that they were not able to withstande them Kyng Edward the fourth KIng Edward after his conquest and victorye achieued agaynst king Henry returned again to London where vpon the Uigil of S. Peter and Paul being on Sonday he was crowned king of England raigned 22. yeares albeit not without great disquitnes and much perturbation in his reigne Queene Margaret hearing how her husband was fled into Scotland was also fayne to flye the land and went to her father Duke of Angeow From whence the next yeare following she returned again to renue warre against king Edward with small succor and lesse lucke For being encountred by the Earle of Warwicke about Nouember she was driuen to the seas agayne and by tempest of weather was driuen into Scotland In this yere we read that king Edward in the cause of a certayne widow for rape sate his owne person in Westminster hall vpon his owne Bench discussing her cause Ex Scal. mundi The yeare folowing king Henry issuing out of Scotland with a sufficient power of Scottes and Frenchmen came into the Northcountrey to recouer the crowne vnto whom the Lord Radulph Percy Lord Radulph Grey flying from king Edward did adioyn themselues but the Lord so disposing king Henry with his power was repulsed in the battaile of Exham by the Lord Mountacute having then the rule of the North where the Duke of Somerset Lord Hungerford Lord Rosse with certayne other were taken The Lord Radulph Percy was slayne the residue fled Albeit the history of Scal. muÌdi referreth this battel to the yeare 1464. the 15. day of May. In the which moneth of May were beheaded the duke of Somerset Lorde Hungerford Lord Rosse L. Philip Wentworth L. Tho. Husly L. Tho. Findern beside 21. other belonging to the retinue and household of king HeÌry 6. Queene Margaret finding no resting place here in England took her progres agayne from whence she came learning in her own country to drinke that drinke which she her selfe had brued here in England And not long after the next yeare an 1465. on the day of S. Peter and Paule king Henry being founde knowne in a wood by one Cantlow as they say was arested by the Earle of Warwicke and at last of a king made prisoner in the tower of London In this meane time king Edward after the motion of mariage for him being made and first the Lady Margaret sister to Iames the 4. K. of Scottes thought vpon but that motion taking no effect afterward the Lady Elizabeth sister to Henry king of Castelle being intended but she being vnder age the Earle of Warwick turning then his legation and voiage to the French king Lewes the II. to obteyne Lady Bona daughter of the duke of Sauoy and sister to Carlot the French Queen and obteining the same had cast fauour vnto one Elizabeth Grey widow of Syr Iohn Grey knight slain before in the battell of S. AlboÌs daughter to the Duches of Bedford and Lord Riuers and first went about to haue her to his concubine But she as being vnworthy as she sayde to be the wife of such a high personage so thinking her selfe to bee to good to be his concubine in such sort wanne the kings hart that incontinent before the returne of the Earle of Warwicke he maried her at the which mariage were no moe then onely the Duches of Bedford two gentle women the priest clark UpoÌ this so hasty vnlucky mariage ensued no litle trouble to the king much bloudshed to the realme vndoing almost to all her kyndred and finally confusion to the K. Edwardes 2. sonnes which both were declared afterward to be bastards and also depriued of theyr liues For the Earle of Warwicke who had bene the faythfull frend and chiefe maynteiner before of the king at the hearing of this maryage was therwith so greuously moued and chaffed in hys mind that he neuer after sought any thing more then how to worke displeasure to the
with the Sherifte and that the one shall teach them Gods law and the other mans law as ye heard in King Edgars lawes before Many other lawes both Ecclesiasticall and temporall besides these were enacted by these and other Kings heere in England before the Conquest but these be sufficient to geue the vnderstanding Reader to consider how the authority of the Bishops of Rome all this while extended not so farre to prescribe lawes for gouernement of the Church but that Kings and Princes of the Realme as they be now so were then full gouernours heere vnder Christ as well in causes Ecclesiasticall as temporall both in directing orders instituting lawes in calling of Synodes and also in conferring Byshoprickes and benefices without any leaue of the Romish Bishops Thus Odo Dunstane Oswold Ethelwold Aldelinus and Lancfrancus although they fet their palles afterwarde from Rome yet were they made Bishops and Archbishops by Kings only not by Popes And thus stoode the gouernement of this Realme of England all the time before the Conquest till Pope Hildebrand through the setting on of the Saxons began first to bring the Emperour which was Henry 4. vnder foote Then followed the subduing of other Emperours Kings and subiects after that as namely heere in England when Lancfrancus Anselmus and Becket went to complayne of their Kings and gouernours then brought they the Popes iudiciall authority first from Rome ouer this land both ouer Kings and subiects which euer since hath continued till these latter yeares Albeit the sayd Kings of this Realme of England being prudent Princes and seeing right well the ambitious presumption of those Romish Byshops did what they could to shake off the yoke of their supremacie as appeareth by the lawes and Actes of their Parliaments both in king Edward the thirds time King Richard the 2. and King Henry the 4. aboue in their Parliament notes specified yet for feare of other foreine Princes and the blind opinion of their subiectes such was then the calamitie of that time that neither they could nor durst compasse that which faine they would till at last the time of their iniquitie being complete through the Lords wonderfull working theyr pride had a fall as in the next Volume ensuing the Lord so graunting shall by proces of hystorie be declared The Image of the true Catholicke Church of Christ. ¶ The proude primacie of Popes paynted out in Tables in order of their rising vp by little and little from faythfull Byshops and Martyrs to become Lords and gouernours ouer King and kingdomes exalting themselues in the Temple of God aboue all that is called God c. 2. Thessalonians 2. IN the Table of the primitiue Churche aboue described hath bene gentle Reader set forth and exhibited before thine eies the greeuous afflictions and sorowfull tormentes which thorough Gods secret sufferance fell vpon the true Saints and members of Christes Church in that time especially vpon the good Bishops Ministers and teachers of the flocke of whome some were scourged some beheaded some crucified some burned some had their eies put out some one way some another miserably consumed which daies of wofull calamitie coÌtinued as is foreshewed neare the space of CCC yeares During which time the deare spouse and elect Church of God being sharply assaulted on euery side had small rest no ioy nor outward safetie in this present world but in much bitternes of hart in continuall teares and mourning vnder the crosse passed ouer their daies being spoiled imprisoned contemned reuiled famished tormented and martired euerywhere who neither durst well tarie at home for feare and dread and much lesse durst come abroade for the enemies but onely by night when they assembled as they might sometimes to sing Psalmes and Hymnes together In all which their dreadfull dangers and sorrowfull afflictions notwithstanding the goodnes of the Lord left them not desolate but the more their outward tribulations did increase the more their inward consolations did abound and the farther off they seemed from the ioyes of this lyfe the more present was the Lorde wyth them wyth grace and fortitude to confirme and reioyce theyr soules And though theyr possessions and riches in this world were lost and spoyled yet were they enriched wyth heauenly giftes and treasures from aboue an hundreth fold Then was true Religion truely felt in hart Then was Christianitie not in outwarde appearance shewed but in inward affection receaued and the true image of the Churche not in outwarde shew pretensed but in her perfect state effectuall Then was the name and feare of God true in hart not in lippes alone dwellyng Fayth then was feruent zeale ardent prayer not swimming in the lippes but groned out to God from the bottome of the spirite Then was no pride in the Church nor laysure to seeke riches nor tyme to keepe them Contention for trifles was then so far from Christians that well were they when they could meete to pray together agaynst the Deuill authour of all dissention Briefly the whole Churche of Christ Iesus wyth all the members thereof the farther it was from the type and shape of this worlde the nearer it was to the blessed respect of Gods fauour and supportation ¶ The first rising of the Byshops of Rome AFter this long tyme of trouble it pleased the Lord at length mercifully to looke vpon the Saints and seruauntes of his sonne to release their captiuitie to release their miserie and to binde vp the old Dragon the Deuill which so long vexed them whereby the Church began to aspire to some more libertie and the Bishops which before were as abiects vtterly contemned of Emperours through the prouidence of God which disposeth all things in his time after his owne willy began now of Emperours to be esteemed and had in price Furthermore as Emperours grew more in deuotion so the Bishops more and more were exalted not only in fauour but also preferred vnto honour in so much that in short space they became not quarter maisters but rather halfe Emperours with Emperours Constantinus the Emperour embrasing Christen Byshops By which words of S. Paul we haue diuers things to vnderstand First that the day of the Lordes coÌming was not theÌ nere at hand SecoÌdly the Apostle geuing vs a tokeÌ before to know wheÌ that day shall approch biddeth vs looke for an aduersary first to be reuealed Thirdly to shew what aduersary this shal be he expresseth him not to be as a common aduersary suche as were then in his time For although Herode Annas and Cayphas the high Priestes and Pharasyes Tertullus Alexander the Coppersmith Elymas SymoÌ Magus Nero the Emperor in Paules time were great aduersaryes yet here he meaneth another besides these greater theÌ all the rest not such a one as should be like to Priest King or Emperor but such as farre exceding the estate of all kinges priests and Emperors should be the prince of priests should make kings to
England one for Greeke the other for latine Ex historia Guliel de Regibus Ang. Pleimondus teacher to king Alfred and after Bishop of Canterbury Bookes translated out of latine by K. Alfrede None permitted to haue any dignitie in the court except he were learned Polycron lib. 6. cap. 1. The Psalter translated into English by king Alfrede The cause why the king turned latine bookes into English Learned men sent for and placed about the king The dialoges of Gregory translated Neotus â Abbot The schole and vniuersitie of Oxford first begonneâ King Alfrede The newâ Colledge in Oxford Ioan. âââtus The aunswere of Ioannes Scotus to the French king Ioan Scotus translated Hierarchiam Dionâtij from Greek to Latine The booke of Ioannes Scotus called ãâã ãâã ãâã ãâã ãâã Ioannes Scotus adicted more to the Greeke Churche then the Latine Ioan Scotus accused of the pope for an heretike Ioannes Scotus slayne by hys owne scollers Ioan Scotus a Martyr This Ethelwitha builded first the house of Nunnes at Winchester The children of K. Alfrede All hys daughters learned The decease of King Alfred An. 901. Etheredus Plâimundus Athelmus Vlâelmus Odo Archb. of Canterbury 9. Popes in ix yeares at Rome Fermosus first Pope Ex Chroniâoâ Sigeberti Schismes among the Popes Character indâlebilis Whether the pope with hys Cardinals may erre Bonifacius 6. Pope Stephen 6. Pope Ex Chroni Martini panitentiarij Sigebert Ex Polych alijs Pope Theodorus 2. Pope Iohn 10. One councell burneth an others decrees Pope Benedictus 4. Pope Leo. 5. imprisoned and vnpoped by hys own chaplayne Pope Christoferus 1. Pope Sergius Pope Formosus after hys death be headed of Pope Sergius A false fayned myracle vpon the body of Formosus Popish miracles not to be credited Bearing of candels on Candlemas day how it came vp Pope ãâã Pope Lâââdo 1. Pope ãâã 11. Harloââ this time ruled ãâã Rome P. Iohn 1. P. Leo. 6. P. Stââ â restored Liuthpranâdus ãâã sis lib. 3. P. Steph. â P. Leo. â P. Marâ â P. Agapetus 2. Ordo Clâniacensis beginnââ King Edward the elder The Edwardes before the ââquest A comparison betweene Alfrede and hys sonne Edward Vse and long exercise of things maketh perfectnes Clyto Ethelwold rebelleth agaynst K. Edward An. 904. An. 913. Chesâer repayred and enlarged The Castle of Herford builded Castles builded vpon the riuer of Auene and Ouse The townes of Towcetour and wigmore builded The newe towne of Nottingham builded Thilwall Manchester repayred Elfleda Cittyes Townes and Castles builded by Elfleda The lawes of king Alfred and K. Edward Note howe kinges of England in tymes past had authoritie in spirituall causes Anno. 925. The Children of K Edward the elder Prince Ethelwald excellânt in learning Galiel de Regib The bringing vp of K. Edwardes Children King Ethelstine or Adelstane Duke Elfrede sodenly stroken by the hand of God for periury Guliel lib. de Regib in vita Ethelstani The copie of an old Cart of K. Ethelstane Anno. 927. Northumberland subdued to king Ethelstane The Scots subdued to the king of England It is more honour to make a king then to be a king A fabulous miracle falsely reported of king Athelstane Bristanus Byshop Anno. 933. A ridiculous miracle forged vpon Bristanus Byshop of Winchester A miracle of soules aunswering Amen A sore battaile sought at Brimford An other vnlike myracle of K. Athelstanâ sword Odo Archbishop of Cant. Analanus The North Brittaynes brought to tribute The South Brittaynes subdued K. Ethelstane seeketh the death of his owne brother A note to learne not to sowe discorde betwixt brother and brother The cause of building Abbeyes examined Otho first Emperour of the Germaine Precious iewels sent to king Ethelstane from the French K. Concerning one of the nayles wherewith our Sauiour Christ was crucified Kinges of England gouernors as well in ãâã ecclesiastical aâââmporall Extractum on legib ãâã Athelstane * alias ãâã * alias minoribus * alias scristes dictionum * alias seruitistimentalas * ãâã sunt * alias seristes mensia ãâã * in sua scrysiseyra A lawe how that maisters ought to condiscend and beare sometime with their seruauntes The law of king Ethelstane concerning tythes Tythes The K. woulde vsurpe no mans goodes wrongfully The law of K. Ethelstane concerning fealous stealing aboue xii d. Epitap in Ethelst Sol illustrauit bisseno scorpion ortu Cum regeÌ cauda percuâât ille sua Anno. 940. Edmundus kyng of England Ex historia Cariona Monkes put out of Eusham the yeare of our Lord. 941. The difference betweene Monkes and priestes Chastitie wroÌgly defined Holy mariage by the definition of Paphnutius is chastitie Monkes how they differed from Priestes and how they first began in England Guliel de pontiââââ The monâstery of Fââriake Oswaldes Byshop of Yorke a great paââââ of Monkery Guliel lin 3. de pontif The origââ of monkery how it first began in England Dunstane Abbot of Glastonbury The sonnes of King Edmund The impâdent vanitie of the Popes Churche in forgyng false myracles Guliel lib. 1. de pont The monastery of Glastonbury Dunstane Abbot of Glostanbury The Abbey of Glostenbury was first builded by K. Iue by the couÌsell of Adelmus after beyng destroyed by the Danes Guliel lib. 2. de Regib The lawes of king Edmunde touching as well the state spirituall as temporall Vlstanus Archbishop of Yorke Odo Arch. of Canterbury Guliel de pont lib. 1. Polycron lib. 6. ca. 6. Odo made monke at Floriake after he was Archb. of CaÌterbury Guliel de pont lib. 1. Guliel lib. 3. de pont Ebor. The difference of habite and garmentes among men of the Church False and lying myracles noted vpon Odo A note to the reader Transubstantiation not yet receaued The letter of Odo Archb. to the prelates Elsinus Archb. of Caunt elect S. Edmundesbury The children of King Edmund Anno. 946. Edrede gouernour of the Realme Dunstane made byshop of Wirceter and after of London With lye and all K. Edwyne Anno. 955. The king suspensed by the Archbishop K. Edwyne an enemye to Monkes Monkes put out and seculâr priestes placed in their roomes The death of K. Edwyne Anno. 959. K. Edgar called Pacificus Dunstane made Bysh. of Worceter and of London Ex hist. Rog. Houenden Spirituall liuinges geuen by the king and not by the Pope Oswaldââ byshop of Worceter and after â Yorke Ethelwâââ byshop of Wint. a great âââtayner of Monkery An. 96â Ex Guliel Malmâsâârieââ de gostis ponâââ Aâg Monkishe dreames Dreames not necessary to be regarded Difference of dreames How and wheÌ monks first began to swarme in England Dunstane Ethelwold Oswald three setters vp of Monkishe religion 40. Monasteries builded and repayred by K. Edgar Priestes thrust out of Cathedrall houses and monkes set in Roger Houeden lib. Continuationum post BedaÌ Chronicon Iornalense Guliel de gestis pontifi lib. 1. Oswald Byshop of Wytceter and Archb. of Yorke The pollicy of Oswald in driuing out priestes to place
Henr. Coldyron answereth to the 3. article Iohn Pollomarius answereth to the 4. article Certayne chosen on both sides to determine the matter The oration of Cardinal ãâã Nicolas the 2. propounder charged by the Cardinall for the commeÌcing of Ioh. Wickliffe A prudent answere of the Bohemians to the Cardinall Iulian. The Ambassadours of the Bohemians return without agreement The coÌming of the Legates to Prage Ioh. Rochezanus speaketh Ex Cochleo hist. lib. 7. Polomas answereth to the Bohemians The Bohemians reply againe to Polomar Polomar extolleth the Councelles Generall councelles may erre and haue erred Ex Cochleo hist. lib. 7. The Ambassadours of the councel and the Bohemians could not agree A declaration of 3. articles promised to the Bohemians by the Councell A declaration of the Councell to the Bohemians concernyng the first 3. articles The 2. proposition propounded by the Bohemians with the declaration from the Councell Punishing of publicke offences how and by whom Note here the popes addition The 3. article of the Bohemians with the declaration from the councell Liberty of preaching how farre and to whom at extendeth The 4. article of the Bohemians with the declaration from the Councell Temporal possessions in the clergie mens handes The papists staÌd hard for their temporal Lordships The Bohemians take a deliberatioÌ of the fourth article A declaration of the councel touching the fourth article of the communion Consecrat dist 2 quia pissus This is to set vp the church aboue the scripture The holie communion requireth amendment of lyfe Holy things nothing profit the wicked The reuereÌt receiuing of the sacraments Receiuing vnder one kinde for auoiding two perils Error grounded vpon errour Causes why to minister vnder one kinde Receiuing in both kindes permitted to the Bohemians The condition annexed Doubtes or questions of the Bohemians Aunswere Permission of both kindes granted to the Bohemians not of sufferance but by full authoritie Punishing of offences considered How and by whom offeÌders ought to be punished To doe that God commaundeth is obedience and no sin though it be extraordinary The Israelites dyd steale from the Egyptians without sinne Sampson killed himselfe without sinne Of extraordinary commaundementes no generall lawes to be made Obiection Aunswere How the laitie hath power ouer the clergie and wherin The Pope wil be iudged by his own law Obiection Aunswere Obiection Aunswere Abuse of prelates in inhibiting true preachers Remedie of appeale Obiection Aunswere Actes of secular dominion to be exercised of the clergie after a double respecte âel per se âel per alium Obiection Aunswere Coactiue power whether in belongeth to the clergie and how The goods of the church in whose possession they be properly 12. q. 1 cap. expedit The clergie be administratours not Lordes of the temporalties of the Church The agreement betweene the Bohemians and the Councell Anno. 1438. Certaine petitions of the Bohemians put vp to the CouÌcell Anno. 1438. The communioÌ in both kindes to be generally graunted To haue a good and lawfull pastor and Bishop Free communioÌ vnder both kindes to be permitted to all princes The Gospells Epistles to be read in the vulgare tongue The scriptures read in the Slauons tongue of olde time Incorporations to be graunted to vniuersities an vnlawfull request A request for necessary reformation discipline The coÌception of our Lady brought into the Church The visitation of our Lady brought in Vowsons giftes of benefices before they were voide debarred by the couÌcell which vowsons here ar called expectatiue graces IncoÌuenieÌces that rise by vowsons of benefices No controuersies to be brought to Rome beyond 4. daies iourney from thence No fââuolous appeales to be made to the Pope Against the superfluous number of errours Against the popes first fruites Pragmatica Sanctiâ per Carolum 7. An Acte made for the conuersion of the Iewes An Acte for studying the Hebrue Latine and Chaldey Against priestes that kept Concubines An Epistle of Martin Meyr to Aeneas Siluius translated into Englishe the âatine wher of inextant in the former edition of this booke Ex Orth. Grat. The corruption of the Church of Rome detected The authoritie of the councell of Basill expended The epistle of the Cardinall Iulian to the Pope in the commendation of the councell of Basill Thambassadors of the Councell are returned from Egra What the church is Eugenius prouoketh the Church A strong argument against Eugenius The cause of the long delay of the Prelates The councel of Sene. An epistle of Eneas Siluius in defence of the councell of Basill The tââânal seate standeth not in one Bishop The authoritie of the Councell of Basill maintained by the Emperour and the French king so long as they liued The practise of Pope Eugenius to vndoe the Councell of Basill The Pope stirreth vp warre The Dolphin driueâ away by a few Germaines The dissolution of tho Councell of Basill Fredericke of Austrich crowned Emperour great grand father to this Ferdinando The Legaâ of the Greekes coÌdescend first to the popes law The Greeke Churches refuse the Popes doctrine The inconuenience of discorde Ex Cochleo lib. 8. hist. Hussit Ex Antonin 3. part tit Ex hist. Cas pari Peucer lib. 5. Maruelous feare fallen vpon the popes army Gods holy angels pitch their tentes about them which feare him Psal. The cruell deceite and wicked facte of Mainardus against the souldiours of Boheme Certaine thousandes of the BohemiaÌ souldiors brent Ex Aenea Silu. lib. de hist. Boem cap. 51. England noÌted of crueltie Burning slaying in England Anno 1439. R. Wiche Priest Martir Ex Fabian part 7. Ex antiquo alio Chronico Ex Regist. Hen. Chicheslei The bishops coÌsult to abolish the lawe of Premuniri facias The king aunswere to the bill of the Clergy touching the law of Premuniri A briefe aunswere to Cope concerning Lady Eleanor Cobham To the third obiection Vid. Centu. 8. Ral. ca. 4. To the 4. obiection M. Coperay leth without a cause See the former edition pag. 371. The 5. obiection The story of the Ladie Eleanor and Rog. Onley here pretermitted A question whether Eleanor the Duches was culpable in treason agaynst the king Certaine coniectures of the crime not to bee true 1. Coniecture 2 Coniecture 3 Coniecture 4 Coniecture 5. Coniecture 6. Coniecture 7 Coniecture 8. Coniecture 9. Coniecture 10. Coniecture A briefe aunswer to Maister Copes cauillations concerning Duke Humfreyes wyfe The contention betwene the Cardinall of Wint. Duke Humfrey Lorde protectour Anno. 1440. Eâ Polycâra Wint. presumeth to be Cardinall against the minde of his king Wint. incurreth the law of premuniâi Wint. intrudeth himselfe to be the kings gouernour The Cardinall defraudeth the king of his iewels The Cardinall deliuereth the K. of Scottes vpon his owne authoritie The Cardinall playeth the marchant The Cardinall a defrauder of the king The Cardinall taketh vpon him like a king The Cardinall traytour to the crowne The Card. a purchaser of of the kingâ landes Peruerse counsaâle of
appeare to your excellencie he hath assigned appointed to the furniture of this legacie not the least but the greatest not the worst but the best and chiefest of al his subiects both Archbishops Bishops Earles Barons with other potentates mo of such worthines and parentage that if he could haue found greater in all his Realm he would haue seÌt theÌ both for the reuerence of your person and of the holy Church of Rome Ouer and besides this I might adde to more which your sanctitude hath sufficiently tried and proued already the true and hartie fidelitie of this our king and soueraigne toward you Who in his first entrance to his kingdome wholy submitted himselfe with all that is his besides to your will and pleasure And truely to testifie of his maiestie howe hee is disposed to the vnitie of the Catholike faith we beleue there is none more faithful in Christ then he nor more deuout to God nor yet more moderate in keeping the vnitie of peace whereunto he is called And as I may be bold this to protest for our king maister so neither do I denie the Archbishop of Caunterbury to be a man destitute or vnfurnished with gifts and ornaments in his kinde of calling but to be a man both sage and discrete in such things as to him appertaineth saue onely that he seemeth to some more quicke and sharpe then needeth This blotte alone if it were not and that the breach betweene our king and him had not so happened both the regiments together of the temporaltie spiritualtie might quietly haue flourished one with the other in much peace and concorde both vnder a prince so worthy and a pastor so vertuous Wherfore the case so standing as it doeth our message hether and our supplication to your vigilant prudence is that through your fauour wisedom the necke of this dissention may be broken and that reformation of vnitie and loue by some good meanes may be sought ¶ This oration of his although it was liked of them for the softnesse and moderation therof yet it could not so perswade the Romish Bishop to condescende to their sute and request Which sute was to haue two legates or arbiters to be sent from his Popish side into England to examine and take vp the controuersie betweene the king and the Archbyshop But the pope incensed as is sayd before would not graunt to their petition forasmuch as it shuld be sayeth he preiudiciall and tending to the oppression of the archbishop to grauÌt vnto it he being not present And therefore he willed them to tarrie his comming vp otherwise he being absent he would not he sayde in any case proceede against him But they alledging againe their time to be expired appointed them of the king hauing besides other lets and causes as they alledged sayd that they coulde not there waite for the comming of Becket but retourned backe their cause frustrated without the Popes blessing to the king Within iiij daies after Becket commeth to the Popes courte where he prostrating himselfe at his feete brought out of his bosome a scrolle conteining the customes and ordinances of the king afore mentioned fol. 207. The Pope receiuing the foresayd scrolle and reading it in the open hearing of his Cardinals condemned and cursed the most parte of the sayde decrees of the King which he called consuetudines auitas that is hys grandfathers ordinaunces Besides this the Pope moreouer blameth Becket for that he so much yelded to them at the beginning as he did yet notwithstanding because he was repentant for his vnaduised fact he was content to absoil him for the same and the rather because of his great troubles which he for the liberties of holy church did susteine and so with great fauour for that day dimissed him The next day Alexander the Pope assembling hys cardinals together in his secret chamber appeareth before them archbyshop Becket hauing this oration to the pope and his popelings which here I thought to set out in our vulgare English tongue translated out of Latine to the entent that the posteritie heereafter may vnderstand eyther the vaine superstition or vile slauery of the ChurchmeÌ in those dayes who being not content with their owne naturall Prince and king geuen them of God must secke further to the Pope thinking no ecclesiasticall liuing to be geuen which is not taken at his handes The wordes of his Oration be storied rightly thus ¶ The Oration of Becket resigning his Byshopricke to the Pope FAthers and Lordes I ought not to lie in any place much lesse before God and in your presence here Wherefore with much sighing and sorrowe of heart I graunt and confesse that these perturbations of the Church of England be raised through my miserable fault For I entred into the folde of Christ but not by the dore of Christ for that not the canonical election did cal me lawfully thereunto but terrour of publike power drone me in And albeit I against my will tooke this burden vpon mee yet not the will of God but mannes pleasure placed me in the rowme And therefore no maruell though all things haue gone contrary and backward with me And as for the resigning vp againe thereof if I had so done geueÌ vp to their hands the priuiledge of my byshoply authoritie which I had graunted to me at the commaundement of the king so as my fellow Byshoppes did instantly call vpon me to doe then had I left a pernicious and daungerous example to the whole catholike Church By reasoÌ wherof I thought to deferre that vnto your presence And now therefore recognising with my selfe my ingresse not to be Canonicall and therefore fearing it to haue the worse end and againe pondering my strength and abilitie not to be sufficient for such a charge lest I should be found to susteine that roome to the ruine of the flock to whome I was appointed a pastor vnworthy I render vp to your fatherly handes the Archbishopprike here of Canterburie c. And so putting of his ring from his finger and offering it to the Pope desired a Byshop for the Church of Caunterburie to be prouided seeing he thought not himself meete to fulfil the same and so with teares as the storie sayth ended his oration This done the Archbyshop was bid to stande a parte The Pope conferring vpon this with his Cardinals about the resignation of Becket what was best to be done some thought it best to take the occasion offered thinking thereby the kinges wrathe might easely be swaged if the church of CaÌterbury were assigned to some other person and yet the sayd Becket otherwise to be prouided for notwithstanding CoÌtrary other againe thought otherwise whose reason was If hee which for the liberties of the church had ventred not onely his goodes dignitie and authority but also his life should now at the kings pleasure be depriued like as it might be a president heereafter to others in
resisting their king in like sort if hys cause were maintained so contrariwise if it quailed it shoulde be an example to all other heereafter none to resist his Prince in the like case And so might it redounde not onely to the weakening of the state of the Catholike Churche but also to the derogation of the Popes authoritie Briefly this sentence at length preuailed and so Becket receaueth hys pastorall office of the Popes hand againe with commendation and much fauour But for somuch as he coulde not be well placed in England in the meane while the Pope sendeth him with a monkes habite into the abbay Pontiniak in Fraunce where he remained 2. yeres from thence he remoued to Senon where he abode 5. yeares So the time of his exile continued a 7. yeares in all c. Uppon this the King being certified by his Ambassadours of the Popes aunswere howe his fauoure enclined more to Becket then to him was mooued and woorthely with wrathful displeasure Who vpon the same sailing froÌ England vnto Normandy directed ouer certain Inunctions against the Pope and the Archbishop of Canterburie as were recited aboue Fol. 207. The contents wherof were declared to be these If any person shal be found to bring from the Pope or from the Archbishop of Canterburie c. Of these and suche other iniunctions Becket specifieth partly in a certaine letter writing to a frend of his in this maner THomas Archbishop of Canterburie to his welbeloued frend c. Be it knowen to your brotherly goodnes that we with al ours heere by Gods grace are safe and in good health Hauing a good hope and trust to your faithfull amitie I charge you and require you that either by the bringer heereof or by some other whome ye know faithfull and trusty to our church of Canterburie and to vs you write with al spede what is done As touching the kings decrees here set out these they be that all hauens and portes shoulde be diligently kept that no letters of the Popes interdict or curse be brought in And if religious men bring them in they shall haue their feete cut off if he be a priest or clearke he shall lose his priuie members If he be a lay man let him be hanged If he be a leper let him be burned And if any bishoppe for feare of the Popes interdict will depart besides his staffe onely in his hand let him haue nothing els Also the kings will is that all scholers and students beyonde the seas shall repaire home or else lose their benefices And if they yet shall remaine still they shall lose the libertie of all returning Further if any such Priests shal be found that for the Popes suspense or interdict wil refuse to sing they shall lose their priuie members In summe all such Priests as shew themselues rebels to the king let them be depriued of their benefices c. Besides these and such like iniunctions it was also set forth by the Kings proclamation An. 1166. that all maner of persons both men and wemen who soeuer were fouÌd of the kindred of Thomas Becket should be exiled wythout taking any part of their goodes with them and sent to him where he was which was no litle vexatioÌ to Becket to behold them Moreouer for so much as he then was lying with Gwarine Abbot of Pontiniacke to whome the pope as is aforesaid had coÌmended him therefore the king wryting to the same Abbote required him not to retaine the Archbishop of Canterbury in his house for if he did he would driue out of his realme all the monks of his order Whereupon Becket was enforced to remoue from thence and went to Lewes the French King by whome he was placed at Senon and there founde of him the space of fiue yeares as is aboue mentioned In the meane time messengers went daily with letters betwene the king and the pope betwene the Pope againe and him and so betwene the Archbishop and other whereof if the Reader peraduenture shal be desirous to see the copies I thought here to expresse certaine of them to satisfie his desire first beginning w e the Epistle of Becket complaining of his prince to the Pope in maner and forme as foloweth The copie of an Epistle sent of Thomas Becket to Pope Alexander TO your presence and audience I flee moste holy father that you who hath bought the libertie of the Churche with your so great daunger might the rather attend to the same either being the onely or chiefest cause of my persecution vsing and following therein the example of you It grieueth me that the state of the Church should fall to any decay and that the liberties therof should be infringed thorough the auarice of princes For the which cause I thought to resist betime that inconueniencie beginning so to grow And the more I thought my selfe obliged to the same my Prince vnto whome next vnder God I am moste chiefly bound the more boldnesse I tooke to me to withstand his vnrightfull attempts till such that were on the contrary part my aduersaries preuailed working my disquietnesse and incensing him against me Whereupon as the maner is amongst Princes they raised vp against me citations and slaunders to the occasion of my persecution but I had rather to be proscribed then to subscribe Besides this I was also called to iudgement and cited before the king to make answere there as a lay person to secular accomptes where as they whome I most trusted did most forsake me For I saw my fellow brethren the Bishops through the instigation of some ready to my condemnation Wherupon all being set against me I thus oppressed on euery side tooke my refuge to appeale to your goodnesse which casteth off none in their extremities being ready to make my declaration before you that I ought neither to be iudged there in that place nor yet of them For what were that father but to vsurpe to theÌselues your right and to bring the spiritualtie vnder the temporaltie Which thing once begon may breede an example to many And therefore so much the more stouter I thought to be in withstanding this matter how much more prone and procliue I saw the way to hurt if they once might see vs to be faint and weake in the same But they will say to me here againe geue to Cesar that which belongeth to Cesar. c. But to answere againe therunto albeit we are bouÌd to obey our king in most things yet not in such maner of things whereby he is made to be no king neither were they then things belonging to Cesar but to a tyraÌt Concerning the which points these Bishops should not for me onely but for themselues haue resisted the king For if the extreme iudgemeÌt be reserued to him which is able to iudge both body and soul is it not then extreme pride for men there to iudge which iudge but by themselues If the cause of
be seen after For he sayd that the warres in Fraunce shoulde not be ended till the Realme were vtterly wasted exiled in euery part The which saying was well sene after for the noble realme of Fraunce was sore wasted and exiled specially in the terme that the sayd Fryer had set The which was in the yeares of our Lord. 1356. 57. 58. 59. He sayd in those yeares the Princes and Gentlemen of the Realme should not for feare shew themselues agaynst the people of low estate assembled of all countries without head or captayne and they shoulde doe as they list in the Realme of Fraunce the which fell after as ye haue heard how the coÌpanions assembled them together and by reason of theyr robbery and pillage waxed rich became great captains About the same time happened in Fraunce a certayne contention betwene the French Prelates and the Fryers of Paris testified and recorded by Godfridus de Fontanis the briefe effect of which story is this The Prelates of France conuenting and assembling together in the Citty of Paris after a long deliberation among themselues caused by the Bedels to be called together all the Studentes maisters Bachelers of euery facultie with the chiefe heads also of al the Religious houses and Friers in the vniuersitie of Paris who being al there congregated together in the bishop of paris his house where there were preseÌt 4. archbishops and 20 Bishops first stood vp the Bishop of Biturecense who there making his Sermon tooke for his theame the place of S. Paule to the Ephesians Fratres vt sciatis quae sit longitudo latitudo altitudo profunditas charitatis c. and concluded therupon first that true charity would compell them to see and prouide for their flockes Secondly that the vigore of charity would arme them to withstand errors Thirdly he concluded that by duety of charity they were bound to geue theyr liues for the soules of theyr flock committed to their charge Fourthly that by the same charity euery man to holde himselfe content with that which was his owne and not to intevineddle or busye himselfe further then to him appertayned or belonged to his office For there sayth he all order ecclesiasticall is dissolued where as men not concerning themselues in their owne precincts presume in othermes charges where they haue nothing to doe But this charity sayth he now a dayes waxeth colde and all Ecclesiasticall order is confounded and vtterly out of order For many there be which nowe a dayes presume to thrust in themselues where they haue nothing to do so that now the Church may seeme a monster For as in a natural body appeareth a monster where one meÌber doth the office of an other so in the spirituall body which is the church may be thought likewise As wheÌ our learned and prudent brethren to wit the Friers maiors and minors do take vpon them to vsurpe and occupye the office to vs specially apperteining namely where as the scripture warneth vs all none to take vpoÌ him any office except he be called thereunto of the Lord as Aaron was Wherfore we haue heretofore oftentimes caused the sayd Friers both by the king himselfe in his owne person also by other nobles to be spoken to and desired to furcease from doing and intermedling in our office yet they would not but haue preached agaynst our willes through all our diocesses haue heard confessioÌs saying that they haue the Popes priuiledge to beare them out therein For the which cause we come to you and not we here present onely but also we haue the handwriting and the full consent of all other our fellow Bishops throughout the kingdome of Fraunce to complaâne to you of this so great insolency and presumptioÌ of the Friers For that as we are you shall be Neither do I thinke to be any of vs prelates here now which haue not sometime bene taken out of this vniuersity of yours We haue desired moreouer and caused to be desired the foresayd Friers to send their priuilegies to the Apostolicke see to be interpreted and expounded more playnely by the Lord Pope which they refused also to do Wherefore to the intent you may the better vnderstand and see what their priuiledges be and how farre they do extend we haue appoynted the said priuilege here openly to be read vnto you Then stood vp an other in the publicke place and there read the priuileges of both the orders and afterward read also the constitution of Pope Innocent 3. written in the 5 of the decretals and beginneth Omnis vtriusque sexus c. which constitution was repugnant and contrary to the foresayd priuilegies as he there manifestly proued declaring how both the said priuiliges were derogatory to that constitution This done then rose vp the Bishop Ambianensis a great Lawyer who discoursing froÌ article to article there proued by good law that the sayd constitution stood in hys full force and vigore and ought not to be infringed by the friers priuilegies in no part And therfore by the vertue of that constitution that the Friers ought not so misorderly to intrude themselues in hearing confessioÌs in inioyning of penaunce and in preaching in Churches and Diocesses without speciall licence of the Bishop of the Dioces curate of the parish vnto whose words neuer a Frier at that time replyed againe And so the Bishop proceeding to his conclusion desired the vniuersity to assist them in that case wherin they were all determined saith he to stand firmely to the shedding of theyr bloud in resisting that misorder and iniuries of the Friers This happened the 6. day of December which they dedicate to S. Nicholas The next day being sonday one of the order of the minorites or Franciscanes went to the Church of the maiorites or preaching Friers where he made a sermon whiche was neuer sene before the one order to come and resort with the other beginning in the forsayd matter to reply to expound in order through euery article as well as he could adding moreouer and saying that they went not so farre in their priuilegies as they lawfully might And said moreouer that what time the sayd priuileges were in obteining in Rome the Bishop Ambianensis was there present himselfe resisting the same with all his power yea all the Prelates also of Fraunce sent and wrote vp to the Court agaynst the same and yet did not preuaile For wheÌ the Friers there presently declared opened to the Pope in what maner and how farr they had vsed priuileges the Pope the same time sayd Placet That is agreed vnto the same And now sayth he the Prelates require demaund of vs to send vp our priuiledges to the Court which were great folly in vs For in so doing what should we els but geue place occasioÌ to reuoke agayn the authority which is geuen in our handes already Furthermore our wardeÌ and maister
is now lately dead and the maister here of the Dominike Friers is not now present Wherfore we dare not determine in such a weighty cause touching the priuileges of our order without the presence of them And ther fore we desire you of the Uniuersity to holde vs therin excused and not to be so lightly stirred against vs for we are not the worst and vilest part of the Uniuersity c. The next day being the 8. day of the same moneth whithe is also dedicate to the conception of our Ladye vpon which day it was determined likewise that one of the dominicke Friers should preach in the Church of the Franciscane or gray Friers and so he did tending to the same end as the other frier in the other church had done before Whereby it may seeme the prouerb well aunswered vnto whereof we read in the Gospell Facti sunt amici Herodes Pilatus in ipsa die It was not long after that the feast of S. Thomas the Apostle folowed in whose Uigile all the heads of the Uniuersity againe were warned the third day after to congregate together in the Church of S. Bernard at the sermon time Which being done and the assembly meeting together an other SermoÌ was made by a Diuine of the Uniuersity whose theame was Prope est Dominus omnibus inuocantibus eum in veritate c. Wherein he with many words and great authorities argued agaynst them that woulde not be obedient vnto theyr Prelats c. The sermon being ended then rose vp againe the Bishop Ambianensis who prosecuting the rest of the Theame and comming to the word in veritate deuided it in three parts according to the common glose of the decretals Est verum vitae doctrinae iusticiaeque Primum semper habe duo propter scandala linque Shewing and declaring by many authorities both of canonicall scriptures and out of the law and by euideÌt demonstratioÌ of experience that the Friers first had no verity of life because they were full of hypocrisy neither had they verity of doctrine because in their hart they bare gall and in theyr toung hony neither verity of iustice because they vsurped other mens offices And thus concluding with the same caused agayn to be read the sayd priuileges with the constitution aboue specified And so expouÌding place by place did argue and proue that the sayd constitution in no part was euacuat or infringed by that priuilegies aforesayd Which thing being declared he added moreouer that where as the Friers say sayd he that I should be present in the obteining of the priuileges I graunt it to be true when word came to me thrise thereof I went to the Pope reclayming requiring the sayd priuileges to be renoked But the next day after it so pleased the Pope to send me out abroad vpon weighty affayres so that then the matter had no end After that we sent also other messengers with our letters for the same cause vnto the Court of Rome whom the Friers say not to haue preuailed but they lye therein For the sayd messengers agayne brought vs letters from the chief of the court of Rome sealed with their seales which letters we haue diuers times presented to our king wil shortly shew them vnto you all In the which letters the Lord Pope hath promised the sayd priuiledges either to be vtterly abrogate or els to be mitigated with some more playnely interpretation of the which we trust shortly to haue the publicke Bulle or writ from the Pope At last the sayd Bishop required desired of all there of what Dioces or countrey so euer they were that they would copy out the foresayd priuiledges and send them abroad into their couÌtries that all men might see what they were and how far they did exteÌd In fine the matter comming into open disputation it was coÌcluded by M. Giles one of the Austine Friers who was thought to be most reasonable of all the other Friers in this wise that after his sentence the Prelates were in the truer part c. Haec ex Godfrido de Fontanis ¶ Concerning this wrangling contention betwene the Uniuersity and Friers of Fraunce heretofore mentioned whereof partly the original cause there may be vnderstand by that which hath bene sayd to rise vpon certaine priuilegies grauÌted by popes to the Friers to intermedle in matters of Parish churches As to heare confessioÌs to preach and teach with power there to annexed to gather for theyr labor to bury within their houses and to receiue impropriations c. because it were long here to describe the full circumstances therof also because the sayd contention dyd endure a long time not onely in frauÌce but also came ouer to englaÌd The whole discourse therof more ample Christ willing shal be declared in the beginning of the next booke folowing when we come to the story of Armachanus About what time yere this brawle was in the Uniniuersity of Paris betwene the Friers and Prelats there as hath bene declared the like conteÌtion happened also in the vniuersity of Oxford in the yeare aboue prefixed 1354. saue onely that the strife amoÌg the maisters of Paris as it rose vpon Frierly ceremonies so it went no farther then brawling wordes and matter of excoÌmunication but this tumult rising of a dronken cause proceeded further vnto bloudy stripes The first originall wherof began in a tauerne betwene a scholer the good man of the house Who falling together in altercatioÌ grew to such heat of words that the student contra ius hospitij poured the wine vpon the head of the host and brake his head with the quart pot Upon this occasion geuen estsoones parts began to be taken betwene townes men the scholers In somuch that a grieuous sedition conflict folowed vpoÌ the same wherin many of the townes men were wounded to the number of 20. slayn Diuers also of the scolers grieuously hurt The space of 2. dayes this hurly burly continued Vpon the second day certain religious and deuout persoÌs ordeined a solemne processioÌ general to pray for peace Yet notwithstanding all that procession as holy as it was it would not bring peace In the which procession the skirmish stil waxing hoat one of the studentes being hardly pursued by the townesmen for succour in his flight came running to the Priest or Frier which caried about as the maner was the pixe thinking to finde refuge at the preseÌce of the transubstaÌtiated God of the aultar there caried inboxed Notwithstanding the God there not preseÌt or els not seing him or els peradueÌture being a sleepe the scholer fouÌd there small helpe For the townesmen in the heate of the chase forgetting belike the vertue of the popes transubstaÌtiation folowed him so hard that in the preseÌce of the pixe they brake his head wouÌded him greuously This done at length some peace or truce for that day was taken The