dispense with the Laws of God which were not subject to him And it had been judged in the Rota at Rome when a Dispensation was asked for a King to marry his Wives Sister that it could not be granted and when Precedents were alledged for it it was answered that the Church was to be governed by Laws and not by Examples and if any Pope had granted such Dispensation it was either out of Ignorance or Corruption This was not only the Opinion of the School-men but of the Canonists tho they are much set on raising the Pope's Power as high as is possible And therefore Alexander the third refused to grant a Dispensation in a like case tho the Parent had sworn to make his Son marry his Brother's Widow others went further and said The Pope could not dispense with the Laws of the Church which several ancient Popes had declared against and it was said that the fulness of Power with which the Pope was vested did only extend to the pastoral Care and was not for Destruction but for Edification and that as St. Paul opposed St. Peter to his Face so had mnay Bishops withstood Popes when they proceeded against the Canons of the Church So both Laurence and Dunstan in England had proceeded to Censures notwithstanding the Pope's Authority interposed to the contrary and no Authority being able to make what was a Sin in it self become lawful every Man that found himself engaged in a sinful course of Life ought to forsake it and therefore the King ought to withdraw from the Queen and the Bishops of England in case of refusal ought to proceed to Censures Upon the whole matter Tradition was that upon which all the Writers of Controversy particularly now in the Contests with the Lutherans founded the Doctrine of the Church as being the only infallible Exposition of the doubtful parts of Scripture and that being so clear in this matter there seemed to be no room for any further Debate On the other hand Arguments against it Cajetan was the first Writer that against the stream of former Ages thought that the Laws of Leviticus were only Judiciary Precepts binding the Jews and were not moral his Reasons were that Adam's Children must have married in the Degrees there forbidden Jacob married two Sisters and Judah according to custom gave his two Sons and promised a third to the same Woman Moses also appointed the Brother to marry the Brother's Wife when he died without Issue But a Moral Law is for ever and in all Cases binding and it was also said that the Pope's power reached even to the Laws of God for he dispensed with Oaths and Vows and as he had the Power of determining Controversies so he only could declare what Laws were moral and indispensable and what were not nor could any Bishops pretend to judg concerning the extent of his Power or the validity of his Bulls To all this those that writ for the King answered That it was strange to see Men who pretended such Zeal against Hereticks follow their Method which was to set up private reasonings from some Texts of Scripture in opposition to the received Tradition of the Church which was the bottom in which all good Catholicks thought themselves safe and if Cajetan wrote in this manner against the received Doctrin of the Church in one Particular why might not Luther take the same liberty in other Points They also made distinction in moral Laws between those that were so from the nature of the thing which was indispensable and could in no Case be lawful and to this sort no Degrees but those of Parents and Children could be reduced other Moral Laws were only grounded upon publick Inconveniencies and Dishonesty such as the other Degrees were for the Familiarities that Persons so nearly related live in are such that unless a Terrour were struck in them by a perpetual Law against such mixtures Families would be much defiled But in such Laws tho God may grant a Dispensation in some particular Cases yet an Inferiour Authority cannot pretend to it and some Dispensations granted in the latter Ages ought not to be set up to ballance the Decisions of so many Popes and Councils against them and the Doctrine taught by so many Fathers and Doctors in former times Both sides having thus brought forth the strength of their Cause it did evidently appear That according to the Authority given to Tradition in the Church of Rome the King had clearly the Right on his side and that the Pope's Party did write with little sincerity in this matter being guilty of that manner of arguing from Texts of Scriptures for which they had so loudly charged the Lutherans The Queen continued firm to her Resolution of leaving the matter in the Pope's Hands and therefore would hearken to no Propositions that were made to her for referring the matter to the Arbitration of some chosen on both sides A Session of Parliament followed in January in which the King made the Decisions of the Universities and the Books that were written for the Divorce A Session of Parliament be first read in the House of Lords and then they were carried down by Sir Thomas More and 12 Lords both of the Spirituality and Temporality to the Commons There were twelve Seals of Universities shewed and their Decisions were read first in Latin and then Translated into English There were also an hundred Books shewed written on the same Argument Upon the shewing these the Chancellor desired them to report in their Countries that they now clearly saw that the King had not attempted this matter of his meer will and pleasure but for the discharge of his Conscience and the security of the Succession of the Crown This was also brought into the Convocation who declared themselves satisfied concerning the unlawfulness of the Marriage but the Circumstances they were then in made that their Declaration was not much considered for they were then under the lash All the Clergy of England were sued as in the case of a Premunire for having acknowledged a Forreign Jurisdiction and taken out Bulls and had Suits in the Legatine Court The Kings of England did claim such a Power in Ecclesiastical matters The Laws of England against Bulls from Rome as the Roman Emperours had exercised before the fall of that Empire Anciently they had by their Authority divided Bishopricks granted the Investitures and made Laws both relating to Ecclesiastical Causes Persons When the Popes began to extend their Power beyond the Limits assigned them by the Canons they met with great opposition in England both in the matter of Investitures Appeals Legates and the other Branches of their Usurpations but they managed all the Advantages they found either from the Weakness or ill Circumstances of Princes so steadily that in Conclusion they subdued the World And if they had not by their cruel Exactions so oppressed the Clergy that they were driven to seek Shelter under the Covert
their Contests about Superiority but never declared in St. Peter's Favour St. Paul withstood him to his Face and reckoned himself not inferour to him If the Dignity of a Person left any Authority with the City in which he sat then Antioch must carry it as well as Rome and Jerusalem where Christ suffered was to be prefererd to all the World for it was truly the Mother-Church Christ said to Peter Vpon this Rock will I build my Church The Ancients understood by the Rock either the Confession Peter had made or which is all one upon the matter Christ himself and tho it were to be meant of St. Peter all the rest of the Apostles are also called Foundations that of Tell the Church was by many Doctors of the Church of Rome turned against the Pope for a General Council The other Priviledges ascribed to St. Peter were either only a precedence of Order or were occasioned by his Fall as that Feed my Sheep it being a restoring him to the Apostolical Function St. Peter had also a limited Province the Circumcision as St. Paul had the Uncircumcision that was of far greater extent which shewed that he was not considered as the Universal Pastor In the Primitive Church St. Cyprian and other Bishops wrote to the Bishops of Rome as to their fellow Bishop Colleague and Brother they were against Appeals to Rome and did not submit to their Definition and in plain Terms asserted that all Bishops were equal in Power as the Apostles had been It is true the Dignity of the City made the Bishops of Rome to be much esteemed yet in the first Council of Nice the Bishops of Alexandria and Antioch were declared to have the same Authority in the Countries about them that the Bishops of Rome had over those that lay about them It is true the East being over-run with Arrianism from which the West was better preserved the oppressed Eastern Bishops did take shelter in the Protection the Bishops of Rome gave them and as is natural to all People they magnified that Authority which was so useful to them But the second General Council indirectly condemned all Appeals to Rome for it decreed that every Province should be governed by its own Synod and allowed no higher Appeal but to the Bishops of the Diocess Constantinople being made the Imperial City the second and fourth General Council gave it equal Priviledges with Rome because it was new Rome which shews that the Dignity of the Sees flowed from the greatness of the Cities The African Churches condemned all Appeals to Rome and the Popes who complained of that pretended only to a Canon of the Council of Nice for it and then they did not talk of a Divine Right but search being made into all the Copies of the Canons of the Council that was found to be a Forgery When the Emperour Mauricius gave the Title Vniversal Bishop to the Patriarch of Constantinple Gregory the Great complained of the Ambition of that Title which he calls equal to the Pride of Lucifer and since England received the Faith by those whom he sent over it appeared from thence what was the Doctrine of that See at that time and by consequence what where the first Impressions made on the English in that matter It is true Boniface the third got the same Title by Phocas's Grant and Boniface the eighth pretended to all Power both spiritual and temporal but the Progress of their Usurpations and the Wars raised to maintain them were very visible in History The Popes swore at their Consecrations to obey the Canons of the eighth first General Councils which are manifested against Appeals and their Universal Jurisdiction small regard is to be had to the Decrees of latter Councils being Cabals pack'd and managed as the Popes pleased Several Sees as Ravenna Milan and Aquileia pretended Exemption from the Papal Authority Many English Bishops had asserted that the Popes had no Authority against the Canons and to that day no Canon the Popes made was binding till it was received which shewed the Pope's Authority was not believed founded on a divine Authority and the Contests that the Kings of England had with the Pope's concerning Investitures Bishops doing the King Homage Appeals to Rome and the Authority of Papal Bulls and Provisions shewed that the Pope's Power was believed subject to Laws and Custom and so not derived from Christ and St. Peter and as Laws had given them some Power and Princes had bin forced in ignorant Ages to submit to their Usurpations so they might as they saw cause change those Laws and resume their Rights The next Point inquired into was And for the King's Supremacy the Authority that Kings had in matters of Religion and the Church The King of Israel judged in all Causes and Samuel called Saul the Head of the Tribes David made many Rules about the Service at the Temple and declaring to Solomon what his Power was 1 Chron. 28.21 2 Chron. 8.14 15. he told him that the Priests were wholly at his Command and it is also said that Solomon appointed the Priests their Charges in the Service of God and that they departed not from his Commandment in any matter he turned out one High-Priest and put another in his room Jehoshaphat Hezekiah and Josias made also Laws about Ecclesiastical Matters In the New Testament Christ was himself subject to the Civil Powers and charged his Disciples not to affect Temporal Dominion They also wrote to the Churches to be subject to the Higher Powers and call them Supream and charge every Soul to be subject to them so in Scripture the King is called Head and Supream and every Soul is said to be under him which joyn'd together makes up this Conclusion that He is the supream Head over all Persons In the Primitive Church the Bishops only made Rules or Canons but pretended to no compulsive Authority but what came from the Civil Magistrate The Roman Emperours called Councils presided in them and confirmed them and made many Laws concerning Ecclesiastical Matters so did also Charles the Great The Emperours did also either chuse the Popes themselves or confirm their Elections Church-men taking Orders were not thereby discharged from the Obedience they formerly owed their Princes but remained still Subjects And tho the Offices of the Church had peculiar Functions in which the People were subject to them that did not deliver them from their Obedience to the King as a Father's Authority over his Children cuts not off the King's Power over him They found also that in all times the Kings of England had assumed an Authority in Ecclesiastical Matters Ina Alfred Edgar and Canetus had made many Laws about them so had also most of the Kings since the Conquest which appeared particularly in the Articles of Clarendon and the Contests that followed upon them and from the daies of King Ina they had granted Exemptions to Monasteries from the Episcopal Jurisdiction down to William the
second him in his Suit He encouraged him to proceed to a second Marriage without more adoe and assured him he would stand by him in it And told him he intended to restrain the payment of Annats to Rome and would ask of the Pope a Redress of that and other Grievances and if it was denied he would seek other Remedies in a Provincial Council An Enterview was proposed between the Pope and Him to which he desired the King go with him and King the was not unwilling to it if he could have assurance that his Business would be finally determined The Pope offered to the King to send a Legate to any indifferent place out of England to form the Process reserving only the giving Sentence to himself And proposed to him and all Princes a General Truce that so he might call a General Council The King answered that such was the present State of the Affairs of Europe that it was not seasonable to call a General Council that it was contrary to his Prerogative to send a Proxy to appear at Rome That by the Decrees of General Councils all Causes ought to be judged on the place and by a Provincial Council and that it was fitter to judge it in Engiand than any where else And that by his Coronation Oath he was bound to maintain the Dignities of his Crown and the Rights of his Subjects and not to appear before any forraign Court So Sir Thomas Elliot was sent over with Instructions to move that the cause might be judged in England Yet if the Pope had real Intentions of giving the King full Satisfaction he was not to insist on that And to make the Cardinal of Ravenna sure he sent him the offer of the Bishoprick of Coventry and Litchfield Nov. 14. The King marries Ann Bolleyn then vacant Soon after this the King married Ann Bolleyn Rowland Lee afterwards Bishop of Coventry and Litchfield did officiate none being present but the Duke of Norfolk and her Father her Mother and her Brother and Cranmer It was thought that the former Marriage being null of it self the King might proceed to another And perhaps they hoped that as the Pope had formerly proposed this Method so he would now approve of it But tho the Pope had joyned himself to France yet he was still so much in fear of the Emperour that he resolved not to provoke him and so was not wrought on by any of the Expedients which Bennet proposed which were either to judge the Cause in England according to the Council of Nice or to refer it to the Arbitration of some to be named by the King and the King of France and the Pope for all these he said tended to the Diminution of the Papal Power A new Citation was issued out for the King to answer to the Queen's Complaints but the King's Agents protested that he was a Soveraign Prince that England was a free Church over which the Pope had no just Authority and that the King could expect no Justice at Rome where the Empeperours Power was so great At this time the Parliament met again and past an Act The Parliament condemns Appeals to Rome condemning all Appeals to Rome In it they set forth That the Crown was Imperial and that the Nation was a compleat Body having full Power to do Justice in all Cases both Spiritual and Temporal And that as former Kings had maintained the Liberties of the Kingdom against the Usurpations of the See of Rome so they found the great Inconveniencies of allowing Appeals in Matrimonial Causes That they put them to great Charges and accasioned many Delayes Therefore they enacted That thereafter those should be all judged within the Kingdom and no regard should be had to any Appeals to Rome or Censures from it But Sentences given in England were to have their full Effect and all that executed any Censures from Rome were to incur the pains of Premunire Appeals were to be from the Arch-deacon to the Bishop and from him to the Archbishop And in the Causes that concerned the King the Appeal was to be to the upper House or Convocation There was now a new Archbishop of Canterbury Cranmer made Archbishop of Canterbury Warham died the former Year He was a great Patron of Learning a good Canonist and wise States-man but was a cruel Persecutor of Hereticks and inclined to believe Fanatical Stories Cranmer was then in Germany disputing in the King's Cause with some of the Emperour 's Divines The King resolved to advance him to that Dignity and sent him word of it that so he might make haste over But a Promotion so far above his Thoughts had not its common Effects on him He had a true and primitive Sense of so great a Charge and instead of aspiring to it he was afraid of it he both returned very slowly to England and used all his Endeavours to be excused from that Advancement But this declining of Preferment being a thing of which the Clergy of that Age were so little guilty discovered That he had Maximes very far different from most Church-men Bulls were sent for to Rome in order to his Consecration which the Pope granted tho it could not be very grateful to him to send them to one who had so publickly disputed against his Power of dispensing all the Composition that was payed for them was but 900 Ducats which was perhaps according to the Regulation made in the Act against Annats There were 9 several Bulls sent over one confirming the King's Nomination a Second requiring him to accept it a Third absolving him from Censures a Fourth to the Suffragan Bishops a Fifth to the Dean and Chapter a Sixth to the Clergy a Seventh to the Laity an Eighth to the Tenants of the See requiring all these to receive him to be their Archbishop a Ninth requiring some Bishops to consecrate him the Tenth gave him the Pall and by the Eleventh the Archbishop of York was required to put it on him The putting all this in so many different Bulls was a good Contrivance for raising the Rents of the Apostolick Chamber On the 30 of March Cranmer was consecrated by the Bishops of Lincoln Exeter and St. Asaph The Oath to the Pope was of hard Digestion So he made a Protestation before he took it that he conceived himself not bound up by it in any thing that was contrary to his Duty to God to his King or Country and he repeated this when he took it so that if this seemed too artificial for a Man of his sincerity yet he acted in it fairly The Convocation condemns the King's Marriage and above Board The Convocation had then two Questions before them the first was Concerning the Lawfulness of the King's Marriage and the Validity of the Pope's Dispensation the other was of Matter of Fact Whether P. Arthur had consummated the Marriage or not For the first the Judgments of 19 Universities were read and after a
Conquerors time besides many other Acts that clearly imported a Supremacy over all Persons and in all Causes But they did at the same time so explain and limit this Power that it was visible they did not intend to subject Religion wholly to the Pleasure of the King for it was declared that his Power was only a Coercive Authority to defend the true Religion to abolish Heresies and Idolatries to cause Bishops and Pastors to do their Duties and in case they were negligent or would not amend their Faults to put others in their room Upon the whole matter they concluded that the Pope had no Power in England and that the King had an intire Dominion over all his Subjects which did extend even to the regulating of Ecclesiastical Matters These things being fully opened in many Disputes The Clergy submitted to it and published in several Books all the Bishops Abbots and Priors of England Fisher only excepted were so far satisfied with them or so much in love with their Preferments that they resolved to comply with the Changes which the King was resolved to make Fisher was in great esteem for Piety and strictness of Life and so much pains was taken on him A little before the Parliament met Cranmer proposed to him that he and any five Doctors he would choose and Stokesly with five on his side should confer on that point and examine he Authorities that were on both sides he accepted of it and Stokesly wrote to him to name time and place but Fisher's Sickness hindered the Progress of that motion The Parliament met the 15th of January A Session of Parliament there were but seven Bishops and twelve Abbots present the rest it seems were unwilling to concur in making this change tho they complied with it when it was made Every Sunday during the Session a Bishop preached at St. Paul's and declared that the Pope had no Authority in England Before this they had only said that a General Council was above him and that the Exactions of that Court and Appeals to it were unlawful but now they went a strain higher to prepare the People for receiving the Acts then in Agitation On the 9th of March The Pope's Power taken away the Commons began the Bill for taking away the Pope's Power and sent it to the Lords on the 14th who past it on the 20th without any dissent In it they set forth the Exactions of the Court of Rome grounded on the Pope's Power of dispensing and that as none could dispense with the Laws of God so the King and Parliament only had the Authority of dispensing with the Laws of the Land and that therefore such Licenses or Dispensations as were formerly in use should be for the future granted by the two Arch-bishops some of these were to be confirmed under the Great Seal and they appointed that thereafter all Commerce with Rome should cease They also declared that they did not intend to alter any Article of the Catholick Faith of Christendome or of that which was declared in the Scripture necessary to Salvation They confirmed all the Exemptions granted to Monasteries by the Popes but subjected them to the King's Visitation and gave the King and his Council power to examine and reform all Indulgences and Priviledges granted by the Pope The Offenders against this Law were to be punished according to the Statutes of Premunire This Act subjected the Monasteries entirely to the King's Authority and put them in no small Confusion Those that loved the Reformation rejoyced both to see the Pope's Power rooted out and to find the Scripture made the Standard of Religion After this Act The Act of the Succession another past in both Houses in six Days time without any Opposition Settling the Succession of the Crown confirming the Sentence of Divorce and the King's Marriage with Queen Anne and declaring all Marriages within the Degrees prohibited by Moses to be unlawful All that had married within them were appointed to be divorced and their Issue illegitimated and the Succession to the Crown was settled upon the King's Issue by the prefent Queen or in default of that to the King 's right Heirs for ever All were required to swear to maintain the Contents of this Act and if any refused to swear to it or should say any thing to the Slander of the King's Marriage he was to be judged guilty of misprision of Treason and to be punished accordingly The Oath is also set down in the Journals of the House of Lords by which they did not only swear Obedience to the King and his Heirs by his present Marriage but also to defend the Act of Succession and all the Effects and Contents in it against all manner of Persons whatsoever by which they were bound to maintain the Divorce both against the Pope's Censures and the Emperour if he went about to execute them At this time An Act regulating the proceedings against Hereticks one Philips complained to the House of Commons of the Bishop of London for using him cruelly in Prison upon Suspicion of Heresy the Commons sent up this to the Lords but received no Answer So they sent some of their Members to the Bishop desiring him to answer the Complaints put in against him But he acquainted the House of Lords with it and they all with one consent voted that none of their House ought to appear or answer to any Complaint at the Bar of the House of Commons So the Commons let this particular Case fall and sent up a Bill to which the Lords agreed regulating the Proceedings against Hereticks That whereas by the Statute made by King Henry the Fourth Bishops might commit Men upon Suspition of Heresy and Heresy was generally defined to be whatever was contrary to the Scriptures or Canonical Sanctions which was liable to great Ambiguity therefore that Statute was repealed and none were to be committed for Heresy but upon a Presentment made by two Witnesses None were to be accused for speaking against things that were grounded only upon the Pope's Canons Bail was to be taken for Hereticks and they were to be brought to their Trials in open Court and if upon Conviction they did not abjure or were Relapses they were to be burnt the King 's Writ being first obtained This was a great check to the Bishop's Tyrrany and gave no smal comfort to all that favoured the Reformation The Convocation sent in a Submission at the same time The Submission of the Clergy by which they acknowledged That all Convocations ought to be assembled by the King 's Writ and promised upon the Word of Priests never to make nor execute any Canons without the King's Assent They also desired That since many of the received Canons were found to be contrary to the King's Prerogative and the Laws of the Land there might be a Committee named by the King of 32 the one half out of both Houses of Parliament and the other
officious Courtiers are apt to do often without any good Grounds so that Silence was made an Argument of her Guilt and that she could not be defended But perhaps that was an effect of the Wisdom of the Ministers of that time who would not suffer so nice a Point upon which the Queen's Legitimation depended to be brought into dispute The day after Anne Boleyn's Death the King married Jane Scimour who gained more upon him than all his Wives ever did But she was happy that she did not out-live his Love to her Lady Mary was advised upon this turn of Affairs Lady Mary 's Submission oo the King to make her Submission to the King she offered to confess the Fault of her former Obstinacy and in General to give up her Understanding entirely to the King but that would not satisfy unless she would be more particular so at last she was prevailed with to do it in the fullest Terms that could be desired She acknowledged the King to be the Supream Head on Earth under Christ of the Church of England and did renounce the Bishop of Rome's Authority and promised in all things to be obedient to the Laws that were made which she said flowed from her inward Belief and Judgment and in which she would for ever continue and she did also acknowledg that the King's Marriage with her Mother was by God's Law and Man's Law unlawful and incestuous all this she writ with her own Hand and subscribed it upon which she was again received into Favour and an Establishment was made for a Family about her in which 40 l. a quarter was all the Allowance for her Privy Purse so great was the Frugality of that time Lady Elizabeth continued to be educated with great Care and was so forward that before she was four Years old she both wrote a good Hand and understood Italian for there are Letters extant written by her in that Language to Queen Jane when she was with child in which she subscribed Daughter On the 8th of June the Parliament met A Farliament meets which shews that it was summoned before the Justs at Greenwich The Chancellour told them that the King had called them to settle the Succession of the Crown in case he should dye without Children lawfully begotten and to repeal the Act made concerning his Marriage with Queen Anne It seems the Parliament was not at first easily brought to comply with these things and that it was necessary to take some pains to prepare them to it For the Bill of Succession was not put in till the 30th of June but then it was quickly dispatched without any Opposition by it the Attainder of Queen Anne and her Complices is confirmed both the Sentences of Divorces pass'd upon the King 's two former Marriages were also confirmed and the Issue by both was illegitimated and for ever excluded from claiming the Crown by Lineal Descent And the Succession was established on the King's Issue by his present Queen or any whom he might afterwards marry But it not being fit to declare who should succeed in default of that lest the Person so named might be thereby enabled to raise Commotions in Confidence of the King's Wisdom and Affection to his People they left it to him nominate his Successors either by Letters Patents or by his last Will signed by his Hand and promised to obey the Persons so nominated by him It was declared Treason to maintain the Lawfulness of his former Marriages or of his Issue by them and it was made not only Treason but a forfeiture of the Right of Succession if any of those whom the King should name in default of others should endeavour to get before them The Scots complained of this Act and said their Queen Dowager being King Henry's Eldest Sister could not be put by her Right after the King 's lawful Issue But by this the King was now made Master indeed and had the Crown put entirely in his Hands to be disposed of at his Pleasure and his Daughters were now to depend wholly on him He had it also in his Power in a great measure to pacify the Emperour by providing that his Kinswoman might succeed to the Crown Pope Clement the 7th Pope Paul the 3d proposes a Recoaciliation with the King was now dead and Farnese succeeded by the Name of Paul the 3d who after an unsuccesful Attempt which he made for reconciling himself with the King when that was rejected and Fisher was beheaded thundered out a most terrible Sentence of Deposition against him Yet now since both Queen Katherine and Queen Anne upon whose account the Breach was made were out of the way he thought it a fit time to try what might be done and ordered Cassali to let the King know that he had always favoured his Cause when he was a Cardinal that he was driven very much against his Mind to pass Sentence against him and that now it would be easy for him to recover the Favour of the Apostolick See But the King instead of hearkening to the Proposition Acts against the Pope's Power got two Acts to be pass'd The one was for the utter extinguishing the Pope's Authority and it was made a Premunire for any to acknowledg it or to perswade others to it And a strict Charge was given to all Magistrates under severe Penalties to enquire after all Offenders By another all Bulls and all Priviledges flowing from them were declared null and void only Marriages or Consecrations made by virtue of them were excepted All who enjoyed Priviledges by these Bulls were required to bring them into the Chancery upon which the Arch-bishop was to make them a new Grant of them and that being confirmed under the Great Seal was to be of full force in Law Another Act pass'd explaining an Exception that was in the Act for the Residence of all Incumbents by which those who were at the Universities were dispensed with upon which many went and lived idlely there It was therefore now declared that none above the Age of fourty except Heads and publick Readers should have the Benefit of that Proviso and that none under that Age should be comprehended in it except they performed their Exercises Another Act pass'd in Favour of the King's Heirs if they should Reign before they were of full Age that they might any time before they were 24 repeal by Letters Patents all Acts made during their Minority All these things being concluded the Parliament after it had sate six Weeks was dissolved The Convocation examines some points of Religion The Convocation sate at the same time and was much imployed for the House of Lords was oft adjourned because the Spiritual Lords were busy in the Convocation Latimer preached the Latine Sermon he was the most celebrated Preacher of that time the Simplicity of his matter and his Zeal in expressing it being preferred to more elaborate Composures They first confirmed the Sentence of the Divorce of
that could be obtained It was agreed that at the end of eight Years Calais should either be restored or 500000. Crowns should be payed the Queen yet if during that time she made War either on France or Scotland she was to forfeit her right to Calais Aymouth in Scotland was to be rased and all differences on the Borders there were to be determined by some deputed on both sides this being adjusted a General Peace between the Crowns of England France and Spain was concluded and thus the Queen being freed from the dangerous consultations that the continuance of a War might have involved her in was the more at liberty to settle matters at home The first Bill Acts past in Parliament that was brought to try the Temper of the Parliament was for the Restitution of the Tenths and First-fruits to the Crown against this all the Bishops protested but that was all the opposition made to it By it not only that Tax was of new laid on the Clergy but all the Impropriated Benefices which Queen Mary had surrendred were restored to the Crown After this The Commons pray the Queen to marry the Commons made an Address to the Queen desiring her to choose such a Husband as might make both her self and the Nation happy She received this very kindly since they had neither limited her to time nor Nation but declared that as hitherto she had lived with great satisfaction in a single state and had refused the Propositions that had been made her both in her Brothers and Sisters reign so she had no Inclination to change her course of life If ever she did it she would take care that it should be for the good and to the satisfaction of her People She thought she was married to the Nation at her Coronation and looked on her People as her Children and she would be well contented if her Tombstone might tell Posterity Here lies a Queen that reigned so long and lived and dyed a Virgin There was little more progress made in this matter save that a Committee was appointed by both Houses to consider what should be the Authority of the Person whom the Queen might happen to marry but she sent them a Message to proceed to other affairs and let that alone A Bill for the Recognition of her Title to the Crown was put in Her Title to the Crown acknowledged It was not thought necessary to Repeal the Sentence of her Mothers Divorce for the Crown purged all defects and it was thought needless to look back unto a thing which could not be done without at least casting some reproach on her Father so it was in general words Enacted That they did assuredly believe and declare that by the Laws of God and the Realm she was their lawful Queen and was rightly and lineally descended This was thought a much wiser way than if they examined the Sentence of Divorce that past upon the Confession of a Precontract which must have revived the remembrance of things that were better left in silence Bills were put in for the English Service Acts concerning Religion for reviving King Edward's Laws and for annexing the Supremacy again to the Crown To that concerning the Supremacy two Temporal Lords and nine Bishops with the Abbot of Westminster dissented It was proposed to revive the Law for making the Bishops by Letters-Patents as was in King Edward's time but they choosed rather to revive the Act for Electing them made in the 25. Hen. 8. They revived all Acts made against the Pope's power in King Henry's time and repealed those made by Queen Mary They enacted an Oath for acknowledging the Queen Supream Governour in all causes and over all Persons Those that refused it were to forfeit all Offices that they held either in Church or State and to be under a disability during life If any should advance the authority of a Foreign Power for the first offence they were to be fined or imprisoned for the second to be in a Praemunire and the third was made Treason The Queen was also impowered to give Commissions for Judging and Reforming Ecclesiastical matters who were limited to judge nothing to be Heresie but what had been already so judged by the authority of the Scriptures or the first four General Councils All Points that were not decided either by express words of Scripture or by those Councils were to be referred to the Parliament and Convocation The Title of Supream Head was changed partly because the Queen had some scruples about it and partly to moderate the opposition which the Popish party might otherwise make to it and the refusing the Oath was made no other way Penal but that all Offices or Benefices were forfeited upon it which was a great mitigation of the severity in King Henry's time The Bishops are said to have made several Speeches against this in the House of Lords but that which goes under the name of Heath's Speech must be a forgery for in it the Supremacy is called a new and unheard of thing which could not have flowed from one that had sworn it so often both under King Henry and King Edward Tonstall came not to this Parliament and he was so offended with the Cruelties of the last Reign that he had withdrawn himself into his Diocess where he burnt none himself upon that it was now thought that he was so much alienated from those Methods that some had great hopes of his declaring for the Reformation Heath had been likewise very moderate nor were any burnt under him Upon the power given the Queen to appoint some to Reform and direct all Ecclesiastical matters was the Court called the High Commission Court founded which indeed was nothing but the sharing that authority which was in one Person in King Henry's time into many hands for that Court had no other authority but that which was lodged formerly in Cromwell as the King's Vicegerent and was now thought too great to be trusted to one Man Great complaints were made of seditious Sermons preached by the Popish Clergy Preaching without Licence forbidden upon which the Queen followed the Precedent that her Sister had made and forbid all Preaching excepting only by such as obtained a Licence under the Great Seal for it She likewise sent an Order to the Convocation requiring them under the pains of a Praemunire to make no Canons Yet the lower House in an Address to the upper House declared for the Corporal Presence and that the Mass was a Propitiatory Sacrifice and for the Supremacy and that matters of Religion fell only under the Cognisance of the Pastors of the Church The greatest part of both Universities had also set their hands to all these Points except the last This it seems A publick Conference about Religion was the rather added by the Clerks of Convocation to hinder a publick Conference which the Queen had appointed between the Bishops and the Reformed Divines It was first