send mee thither Marry quoth the King and to him will I send you So hee was sent with the Earle of Wiltshier Embassadour to the Pope who thrust out his glorious foote to bee kissed of them which they refusing the Earles spanniell running somewhat too familiarly did catch and bite him by the great toe Then the cause of their Embassage being declared the Earle deliuered Cranmers booke to the Pope and with all tolde him that hee had brought with him learned men out of England which were ready to defend by Scriptures Fathers and Councels whatsoeuer was contained in that booke against all that should contradict it The Pope promised sundry times a day of disputation but dallied out the matter as his Legates had done before in England so giuing them honourable entertainment hee made Cranmer his penitentiarie and dismissed them Then the rest returning Cranmer was sent by the kings appointment Embassadour into Germany to the Emperour where hee drewe many vnto his side and among the rest Cornelius Agrippa Moreouer the King did not onely consult with the most learned Diuines and Lawyers in the whole kingdome but also caused the question to bee publiquely disputed in the Vniuersities of Oxford and Cambridge both which did vtterly condemne the marriage Neither did hee thus rest but sent Bishop Bonner to the Vniuersities of France and Italie which affirmed vnder their seales that the marriage was vnlawfull and that no man might dispense with it Where it is to be obserued that some of these Vniuersities professe that they tooke an oath euery man to deliuer and to study vpon the foresaide questions as should bee to the pleasure of God and according to conscience After these determinations were reade in open Parliament there were shewed aboue an hundred bookes drawne by Doctours of strange regions which all agreed the kings marriage to bee vnlawfull Now to proceed the King considering the Popes dealing forbad all suites to the Court of Rome by proclamation in September 1530. which Sanders calleth the first beginning of the manifest schisme About the same time Cardinall Wolsey was cast in a premunire and all the Bishops of England for maintaining the power Legatine of the Cardinall But the Bishops beeing called into the Kings Bench before the day of their appearance concluded an humble submission offered the King I 18000. pounds to pardon the premunire and withall gaue him the title of Supreme head of the Church of England Yea Archbishop Warham told him that it was his right to haue it before the Pope and that Gods word would beare it Which proceedings in England did so kindle and enflame the Popes choller that neither the bookes of learned men nor the determinations of Vniuersities nor the offering of disputation nor his owne former Bull and Decree could now hinder him from giuing a contrary publick definitiue sentence dated in his consistorie at Rome the twentie third of March Anno 1532. ABout this time dyed Archbishop Warham while Cranmer was Embassadour in Germany and vpon the vacancie of the Archbishopricke the King sent for him home with purpose to aduance him to that great dignitie but he pretended matters of great importance requiring his abode in Germany by which meanes he deferred his comming for halfe a yeeare And being come home and perceiuing that the place was reserued for him hee imployed his greatest friends to shift it off When the King did personally impart his intent vnto him hee disabled himselfe by all possible meanes vsing all perswasions to alter the Kings determination When he saw the Kings constant resolution he humbly crauing pardon of his grace franckly opened his conscience vnto him declaring that if hee accepted that office then hee must receiue it at the Popes hand which he neither would not could doe for that his highnesse was the onely supreme gouernour of this Church of England as well in causes ecclesiasticall as temporall that the donation of Bishoprickes belonged to the King and not to any forraine authoritie whatsoeuer All which proceedings doe not argue any ambitious or aspiring cogitations but rather an humble and lowly minde preferring the sinceritie of a good conscience before all glorious pompe and worldly dignities The King seeing the tendernesse of his conscience consulted with the learned in the law how hee might bestow the Bishopricke vpon him and yet not enforce him to any thing against his conscience In conclusion hee tooke the oath to the Pope but not after the manner of his predecessours as Sanders slanderously affirmeth For then hee should haue taken it simply and absolutely which hee did not but with a protestation expressing the condition and qualification Neither did hee make his protestation priuately in a corner and then take the oath in publicke as Sanders would make the world beleeue for if this could bee proued then had you reason to condemne him of fraud and periurie but it was not so He did not vse his protestation in any secret and concealed manner like to equiuocating Papists which take oaths in absolute words and yet delude them with mentall reseruations but he made it plainely and publickly first in the Chapter house secondly kneeling before the high Altar in the hearing both of the Bishops and people at his consecration Thirdly in the very same place and in the very same forme and tenour of wordes when by commission from the Pope they deliuered him the Pall. And the summe of the protestation was this that hee intended not to binde himselfe to anything which was contrary to the lawe of God or contrary to the king or common wealth of England or the Lawes and prerogatiues of the same nor to restraine his owne libertie to speake consult or consent in all and euery thing concerning the reformation of Christian religion the gouernment of the Church of England and the prerogatiue of the Crowne or the commodity of the Common wealth and euery where to execute and reforme such things which he should thinke fitte to be reformed in the Church of England and according to this interpretation and this sence and no otherwise he professed and protested that he would take the oath Now if you censure Cranmer because he qualified his oath with such a protestation what censure shal be giuen of your Popish Bishops before Cranmer which took two absolute othes to the King and to the Pope containing manifest contradiction as K. Henry himselfe declared causing thē both to be read in open Parliament And Cranmer hath made the point plaine both in his answere to B. Brookes and in his letters to Queene Marie Or if you censure Cranmer for swearing to the Pope with Qualification what censure will you giue of Heath Bonner Thurlby and the rest that in King Henries daies tooke absolutely the oath of Supremacie which euidently excludeth the Popes authoritie BVt to returne to K. Henry who seeing
to the Emperours by 3. Popes with 3. Roman Councels practised commonly and anciently by all kings through the whole Christian world yeelded to his predecessours in the time of the Saxons vsed by his own father and brother and neuer denied in England before Anselmus began to broach the Hildebrandicall Doctrine PHIL. This cause was handled at Rome where the kings Proctour boldly affirmed that his master the king would not loose inuestitures for the losse of his kingdome to whom Pope Paschall answered if as thou saiest thy king will not indure to lose the donations of Churches for the losse of his kingdome knowe thou precisely I speake it before God that I would not suffer him to obtaine them without punishment for the redemption of my head Thus the cause was determined against the King ORTH. No maruell for the Pope was Iudge in his owne cause such a cause as was not a litle both for his pride and profit such a Pope as within 8. yeeres after periured himselfe in the like matter But notwithstanding the Popes determination the king disdaining to bee so deluded sent to Anselmus forbidding him to enter the land vnlesse he would obserue the customes of William the Conquerour and William Rufus so he was absent three yeeres PHIL. Yet at his returne he got a glorious victory for Edinerus writeth thus rex antecessorum suorum vsu relicto nec personas quae in regimen Ecclesiae sumebantur per se elegit nec eas per dationem virgae pastoralis Ecclesijs quibus praeficiebantur inuestiuit the king leauing the vse of his predecessours did neither himselfe elect such persons as were assumed to the gouernment of the Church nor inuested them to the Churches ouer which they were set by the deliuering of the pastorall staffe ORTHOD. Here is a cleare confession that inuestitures belonged to the king by the vse of his predecessours yet such was the violence and fury both of the Pope and the Archbishop that he thought good to redeeme his quiet by releasing of his ancient right PHIL. If he had any right he did yeeld it vp for Malmsbury saith Venit Rex sublimi trophaeo splendidus triumphali gloria Angliam inuectus inuestiturasque Ecclesiarum Anselmo in perpetuum in manum remisit The king came out of France glistering with a stately trophee entred England with triumphall glory and released the inuestitures of Churches to Anselmus into his hands for euer ORTHOD. True to Anselmus here was a finall and perpetuall end betweene them two neither did the king intermeddle any more in the matter while Anselmus liued but after his death Anno 1113. hee gaue the Archbishopricke to Rodolph Bishop of London and inuested him with a Ring and a Staffe and Anno 1123. he gaue the said Archbishopricke to William Corboll he gaue also the Bishopricke of Lincolne to Alexander the Bishopricke of Bath to Godfrid the Bishopricke of Worcester to Simon the Bishopricke of Cicester to Sifrid After the raigne of Henry the first though the Popes were still busie especially when the state was troubled or the king out of the Realme yet the succeeding Princes would not suffer themselues to bee robbed of this right and royaltie but from time to time put it in practise and maintained their prerogatiue King Edward the third told Pope Clement the fift That his progenitors and other noble and faithfull men had founded and indowed Churches and placed Ministers in them euer since the first planting of religion in the Realme of England and that the kings did of ancient time freely conferre Cathedrall Churches iure suo Regio by their Princely right so oft as they were vacant he doth not say by the Popes permission but by their princely right so the collation of Bishopricks is the ancient right of the kings of England Moreouer he told him that whereas now Deanes and Chapters elect this proceeded from the graunt of the kings at the request and instance of the Pope he doth not say from the graunt of the Pope but from the grant of the kings at the request of the Pope with which concordeth that famous act of Parliament made in the 25. of Edw. the third Our Soueraigne Lord the king and his heires shall haue and inioy for the time the collations to the Archbishoprickes and other dignities electiue which be of his aduowry such as his progenitors had before free election was granted Sith that the first elections were granted by the Kings progenitors vpon a certaine forme and condition as namely to demaund license of the King to chuse and after choice made to haue his royall assent And in the dayes of Richard the second statutum est saith Thomas Walsingam in eodem insuper Parliamento vt de caetero nullus transfreâ—aret ad obtinendum prouisiones in Ecclesijs vel Ecclesiam si quis contrarium faceret si posset apprehendi caperetur vt Regi rebellis incarceraretur A statute was made in the same Parliament that from henceforth none should passe the seas to obtaine prouisions in Churches or to obtaine any Church and if any should do contrary if he could be catched he should be apprehended as a rebell to the king and cast in prison The next yeere the same king set out a Proclamation that all such as were resident in the Court of Rome and had benefices in England should returne by the feast of S. Nicholas vnder paine of forfeiting all their benefices When the Pope heard all this thundering he sent a Nuncio with great complaints for answere wherof the king referred him to the Parliament following which would by no meanes consent that Rome-runners should get their benefices as in former time In the dayes of Henry the fift when the Pope by his bulles translated Richard of Lincolne to Yorke the Deane and Chapter standing vpon the lawes of the land refused to admit him as hereafter shall be declared Shall wee now say that the kings of England conferre spiritual promotions by the Popes indulgence let king Edward the first be witnesse let the Parliament in the raigne of Edward the third be witnesse let the like Parliament in the time of Richard the second be witnesse let the Deane and Chapter of Yorke be witnesse all which were of the Popish religion and yet referred this to the king and not to the Pope Hitherto that the kings of England vsed Inuestitures NOw I will prooue that they vsed them lawfully by a double right as Princes as Patrons As Princes for many reasons First if we looke into the old Testament we find that Salomon set Sadock in the roume of Abiathar by what authoritie Verely by the same by which he cast out Abiathar Which I haue already prooued to be done by the lawful and ordinary power of a Prince If this be a perpetuall patterne for all posteritie then the collation of spirituall dignities is the Princes right Secondly it was prophesied of
Vniuersall Patriarch was giuen and that by a Councell to Iohn Patriarch of Constantinople In what sence trow you You produced but two sences of it out of Bellarmine In the first which prophanely excludeth all other Bishops they did not giue it for then they should deny themselues to be Bishops contrary to their own subscriptions If in the latter then it was common to him with the Bishops of Rome and so cannot proue your Monarchicall iurisdiction PHIL. How proue you that this title was giuen him by a Councell ORTHOD. Binius saith How oft Iohn Bishop of Constantinople is named in the acts of the Councell of Constantinople vnder Hormisda so oft the title of Vniuersall Patriarch is found added vnto him PHIL. Binius in the same place ascribeth this to the imposture of the latter Grecians which he proueth because though two Popes Pelagius and Gregory condemned this title in the Bishop of Constantinople yet no man obiected against them the authoritie of this Councell which had beene very materiall because the greater part of it was approued by the Church of Rome Wherefore it is certaine that this was not originally in the Councell but foisted in afterward ORTHO But Pope Adrian the first in his Epistle to Tharasius recorded in the second Nicen Councell intitleth him a generall Patriarch PHIL. This seemeth also to be added by some Grecian which I rather thinke because the same Epistle translated by Anastasius hath no such title prefixed ORTHOD. As though Anastasius were not as likely to put it out as the Grecians to put it in But Iustinian in the Authentickes giueth Mennas the very selfe same title of Oecumenicall Patriarch PHIL. It must be affirmed that this also crept in vnlesse we say that he is called Vniuersall in respect of the Orientall Bishops and Priests ORTHOD. So Holoander taketh it when hee translateth it Vniuersi eius tractus Patriarchae i. to the Patriarch of all that circuit But are you now aduised Was he called Vniuersal and yet had not the iurisdictiō of the whole world but was onely an Orientall Patriarch then you must confesse that this title might be giuen to the B. of Rome and yet not imply that hee had iurisdiction ouer the whole world but ouer the whole West and so was the Occidentall Patriarch Wherefore the decree of Pope Pelagius requiring all Metropolitanes to send to Rome to professe their faith and receiue the Pall extendeth not to them of the East but onely to them of the West PHIL. Then you grant that hee was Patriarch of the West and that is sufficient to inferre my conclusion for the Westerne Patriarch must needes haue iurisdiction ouer the Metropolitanes of the West in which compasse is Brittany I need not here speake of the ancient diuision of the Prouinces nor of Saint Peter nor of Eleutherius It is famously knowne that Saint Austin was sent hither by the Bishop of Rome receiued a pall from him and apparently submitted himselfe to his iurisdiction so did his successours for almost a thousand yeeres together Wherfore seeing the Bishop of Rome was in lawfull possession you must tell vs vpon what reason you put him from it ORTHOD. By what title doth the Pope challenge his iurisdiction in England By the law of God you cannot iustifie it By reason of the first conuersion of the Island by Saint Peter You cannot make it manifest that euer he was here Will you fetch it from Eleutherius He onely sent at the kings request and challenged no such authority Wil you deriue it from Austin It was then made appeare by many reasons that the Brittans ought him no subiection And it is euident that he and his associates had first their assemblies in Saint Martins Church in Canterbury by the Kings permission afterward when the king himselfe was conuerted they receiued to vse the words of Bede more ample licence both to Preach through all his dominions and also to build and repaire Churches So you see all was receiued from the king It is true that Gregory sent a supply of Preachers and gaue his aduise for the erection of Bishopricks and sent palls hither yet there can bee no question but all this was done by the kings licence Afterward in succeeding ages when the Popes did play the wild boares in the Church in executing Church censures and giuing Church liuings the kings of England made lawes against them euen in the time of Popery For as it was defended by Cyprian and afterward also by the African councell vnder Celestinus that causes should bee ended where they begunne and not bee carried to tribunalls beyond the sea So it was decreed in England in the raigne of Henry the second as witnesseth Mathew Paris De appellationibus si emerserint ab Archidiacono debet procedi ad Episcopum ab Episcopo ad Archiepiscopum si Archiepiscopus defuerit in iustitia exhibenda ad dominum regē perueniendū est postremò vt praecepto ipsius in curia Archiepiscopi controuersia terminetur ita quod non debeat vltra procedi absque assenssu domini regis i. Cōcerning appeals if any shall spring they ought to proceed from the Archdeacon to the Bishop from the Bishop to the Archbishop if the Archb. shal be defectiue in doing iustice they must come at last to our Lord the king that by his cōmandement the controuersie may bee determined in the Archbishops Court so that there ought not to be any further proceedings without the assent of the Lord the king Thus it is cleare that the Pope could not take to himselfe the handling of causes without the kings license It might also be declared how little his cēsures were here respected vnlesse they receiued strength by the kings permission And whereas hee tooke vpon him to dispose of Church liuings hee was censured for it in the time of Edw. the 3 euen in the high Court of Parliament as an vsurper These points might bee much inlarged but this little touch is sufficient to shew that whatsoeuer iurisdiction hee had in England was by the courtesie of the King whatsoeuer hee tooke vpon him otherwise was by vsurpation Now his challenge by custome is repelled by custome For these sixe hundred yeeres last past hee affecting to bee that which he was not disdained to bee that which he was and aspyring to a Popedome neglected his Patriarchdome so that which he had gotten by vse he hath lost by disusing and by his owne fact hath extinguished his former title Secondly whereas Pope Pelagius required onely a profession of the faith according to the Scriptures and the holy ancient generall councels Pius the fourth hath framed vs a new forme of faith without which no man can bee saued consisting of traditions transubstantiations merits Images reliques and such rotten Romish ragges-which he hath clapt to the Nicen creed as it were a beggers patch to a golden garment And
Christian Princes that they should be nursing fathers of the Church therfore it must bee a part of their Princely care to prouide such nurses as shall feede it with the milke of the Gospel Thirdly in the new Testament Concerning the election of pastours we find neither precept nor any such example as can bee vrged for an euerlasting and vnchangeable rule And if wee look into the practise of the Church it will appeare that it hath bene disposed of in diuers ages in diuers maners according to diuers customes and positiue lawes of Princes growing out of the diuersitie of circumstances and occasions Wherefore it seemeth that the Lord hath left it as a thing indifferent to the discretion of the Church whereof the Christian Prince is not onely a part but Supreame gouernour vnder Christ in which respect though hee were not Patron he hath a transcendent and supereminent power so that the Soueraigne direction and moderation of the matter belongeth vnto him Which was acknowledged to be the kings right euen in the time of Popery as may appeare by the practise for after the death of any incumbent of any Church with cure if the Patron presented not within sixe monethes the Bishop of that Diocesse might bestow it to the end the cure should not bee destitute of a pastour if he neglected the time appointed the Metropolitane of that Diocesse might aduāce one to that Church if he also should leaue the Church destitute by the space limitted vnto him then it belonged to the king and not to the Bishop of Rome to prouide a competent pastour for that Church Thus it is euident that though Churches had Patrons to prouide Pastours for them according to the kings Lawes and Bishops and Archbishops to see it sufficiently done yet in case of neglect the care of it was deuolued to the King as being Supreme gouernour euen in these cases within his own Dominiōs If you say that this was by the grant of the Pope the contrary is manifest because in the 25. of Edward the 3. in the noble statute of prouisours the Bishop of Rome is said to vsurpe the Seignories of such possessions and benefices Wherefore the Lawes of the land and the ancient custome of the Kingdome concurring with the generall practise of Princes receiued with the applause of the whole Christian world doe sufficiently proclaime the right of our Princes in this behalfe especially seeing as K William Rufus truly said The king of England hath all the liberties in his Kingdome which the Emperour challenged in the Empire Hitherto of the right of Princes as they are Princes Now of their right as they are Patrons IN Patronages we may consider two things The causes and the effects The causes originally inducing the Church of God to approoue them were three First because Princes and Lords of the soile out of their deuotion and charitable bounty gaue some of their owne ground for the situation of Churches and the habitation of Ministers resigning their owne right into the hands of the Bishop of the Diocesse and so dedicating it euerlastingly to the Lord. Secondly because vpon that ground they built Churches for holy meetings and dwelling places for the messengers of the Lord. Thirdly because they allowed maintenance both for the Church and the Minister as is expressed in this verse Patronum faciunt dos edificatio fundus The effects of Patronage are three Honos Onus and Vtilitas The first is Honos honour of nominating and presenting a fit Clerke the honour of precedency in sitting in his owne Church and in some places to great personages the honour of Procession For example to the Duke of Venice in the Church of S. Marke The second is Onus a burden for in being a Patron hee vndertaketh the Protection of that Church The third is Vtilitas profit for if he or his children fall into pouerty they must be releeued out of the reuenues of the same Church An example whereof happened in a noble citizen of Perusia These prerogatiues of Patrons were all anciently approoued both by Ciuill and Canon Law But to passe ouer the rest I will onely single out the prerogatiue of presenting In the 9. Councell of Toledo holden in the yeere 655. it was decreed as followeth As long as the founders of Churches remaine aliue they shall bee suffered to haue the chiefe care in those places and they shall offer fit Rectours vnto the Bishop to be ordained in the same Churches And if the Bishop while the Founder liueth shall despise them and presume to ordaine Rectours in the same place Let him know that his Ordination shall be voide and to his shame others shall be ordained whom the Founders shall chuse And before that in the yeere 541. Iustinian made this Constitution That if any man will build an house of prayer and hee or his heires will haue Clerkes to be promoted therein if they allow maintenance for those Clerkes and name such as are worthy let those which are named be ordained Now to apply this to our present purpose It is a cleare case that all the Bishopricks in England were founded by the Kings Ancestours And therefore the Aduousons of them all belong to the King And it is cleare by the Lawes of the land That our Kings haue had and ought to haue the custodie of the same in the Vacancy and the presentments and collations of those Prelacies as Lords and Aduowes of all the lands and possessions that belong either to Cathedrall Churches or Bishops Vpon all these premises this conclusion followeth that this right we speake of belongeth to our Princes as Patrons by Ciuil Canon and the common Lawes of the land To these two former respects we may adde a third drawne from this consideration that our Bishops by the fauour of Princes are Spiritual Lords and Barons in Parliament and therefore it were very hard if men of so great power and place should be obtruded vpon the Prince without his consent Hitherto of the lawfull right of Princes ANd as they haue the collation of Bishopricks most lawfully so they conferre them most fitly most freely and most safely Most fitly because they haue largest scope to choose best meanes to discerne greatest power to procure and assist such as are most eminent for learning and vertue Most freely because they are farther from suspition of corruption then either people or Prelate For to vse the words of a reuerend Bishop Howsoeuer ambitious heads and couetous hands may lincke together vnder colour of commendation to deceiue and abuse Princes eares yet reason and duetie bindeth mee and all others to thinke and say that Princes persons are of all others farthest from taking money for any such respects In meaner persons more iustly may corruption be feared then in Princes who of all others haue least need and so least cause to set Churches to sale Their abundance their magnificence their
hoped for some comfort at the Popes hand but finding none hee was forced so much as in him lay to resigne his kingdoms to Pope Innocent such is the innocency of Popes and to farme theÌ„ again at a 1000. marks by the yere Thus the Pope had caught a pretty morsel but it was too hot for him therefore he was glad presently to disgorge it In the time of the said king came into England one Iohannes Florentinus the Popes Legate hauing but 3. men and 3. horses whereof one was lame who gathered great heapes of money hoysted vp saile and bad England adew Likewise Pandulphus when hee came to make a bargaine with the king for his master the Pope prouided and carried away with him 8000. pounds About the same time the Pope called a generall councell at Rome where the Bishops being weary with doing of nothing desired leaue to depart which they could not obtaine without a great sum of mony that they were forced to borrow of the Romane Merchants and pay to the Pope In the reign of Henry 3. The Pope sent a bul that no English man should be preferred til prouision were made for â— Romans for each of theÌ„ 100. pouÌ„ds by the yere neither did he expresse their names but described them in a confused maner The sonne of Bumphred of such such that if any of them should die he might foist another into the place At this time the Romans were posessed of so many benifices withall were so insolent that the whole body of the nobles coÌ„mons ioyning together did stile theÌ„selues in the subscriptions of their letters The whole coÌ„pany of theÌ„ which had rather die then be confouÌ„ded of the Romans In the reigne of the same King The Roman Helluo sent a Nuntio called Otto into England with letters vnto the king signifying What a great scandall and reproch was brought vpon the Church of Rome because no man could dispatch his affaires in that Court without great summes of money and the cause which constrained them vnto this was their pouertie therefore hee desired that the English men like naturall Children would releeue the pouerty of their Mother and the meanes thereof which hee with the Councell of his Brethren the Cardinalls had deuised was this that euery Cathedrall Church in England should bestow vpon him two Prebendes the one of them to bee giuen by the Bishop the other by the Chapter And likewise that euery Abbey should bestow vpon him so much as belonged to the maintenance of two Monkes one portion whereof to bee giuen by the Abbot and the other by the Couent But the English men deluded him of his purpose for the king went out of the Councell and the Bishops departed to their own home without the leaue of the Legate and the rest that remained said they could doe nothing in the absence of them whom it most concerned The like suite was commensed in France by another of the Popes Legates to whom the Proctour of the Archbishop of Lions answered That it was not possible that this grant should fill the gulfe of the Romane couetousnesse because plenty of riches did alwaies make the Romans madde And the councell of France did thus answere the Legate Let the zeale of the whole Church and of the holy Romane See mooue you because if there should bee a generall oppression of all men it might bee feared least there should houer ouer our heads a generall departure which God forbid In the yeere 1231. there was set out a prohibition that none which farmed any benefice of any Romane should from henceforth pay them any Rent Anno 1232. a sort of armed men with their faces couered set vpon the barnes of a certaine Romane and sold out the corne to the country and gaue much of it to the poore For which the Bishop of London with other tenne Bishops did strike the authours with an anathema Notwithstanding the same yeere the barnes of the Romanes almost through all England were robbed the authour whereof was one Sir Robert Twinge a Yorkeshier Knight who had beene defeated of the bestowing of his Benefiee by the Popes prouision In the yeere 1234. the Pope sent his nuntioes into England with power legatine which by preaching begging commanding threatning and excommunicating got infinite summes of money vnder colour of the holy Land neither was it known in what gulfe that money was drowned In the yeere 1237. base and vnlearned persons came daily armed with the Popes Bulles If any resisted they would procure hee should bee excommunicated so it came to passe that where noble and daintie Clergy men Gardians and Patrons of Churches did vse with their riches to honour the countrey round about them to entertaine passengers to refresh the poore these base persons voide of good manners and full of subtiltie Proctors and Farmers of the Romanes scraping whatsoeuer was precious and profitable in the land sent it into farre countries to their Lords liuing delicately of Christes patrimonie and proud with other mens goods Therefore a man might see sorrow of heart water the eye-lids of holy men complaints breake out and groanes multiplied many saying with bloody sighes It is better for vs to die then to see the miseries of our countrie and of holy men VVoe to England which once was the Prince of Prouinces the ladie of nations the glasse of the Church a patterne of Religion but now is become vnder tribute In the yeere 1239. Sir Robert Twinge the Yorkeshier Knight before mentioned a Romane being thrust by a Popes Bull of prouision into a benefice whereof he was Patron went to Rome and made a grieuous complaint vnto the Pope so that the Pope reuoked his Bull of prouision By the said Sir Robert Twinge the h Nobles and Barons of England wrot vnto the Pope complaining that they were robbed of their presentations of their Ecclesiasticall liuings which their noble progenitours had enioyned from the first planting of Christianitie and were in danger to lose their patronages affirming that though the Pope had taken order by his Apostolicall letters that after the decease of any Italian or Romane promoted by the Popes prouision it should be lawfull for them to present a fit Clerke yet they did daily see the contrary put in practise which they called a common plague Anno 1240. Otho the Popes Legate required a procuration of foure Markes and where one Church did not suffice to the paâ—ment two should ioyne together to one procuration The same yeere the Pope extorted the fift part of the goodes of all strangers beneficed in England and the same was demanded of Archbishops Bishops Abbots and the rest of the Clergie but the Bishops answered they could not vndergoe so vnsupportable a burden which concerned the whole Church without diligent deliberation of a synode But the Archbishop afterward did grant vnto it The same yeere Pope
a Quiuer full of arrowes to shoote at thy enemies Let it flourish and continue for euer to the aduancing of thy Gospel and to the vtter ouerthrow of Antichrist But to come to the Romish Readers which you so commend what are they like or to whom shall I compare them They are like to Italian Mountebanckes who will price an oile at sixe hundred Crownes which is not worth sixe pence Whatsoeuer they bring must be admired for rare and excellent as though it were found in the Phoenix nest By these glosing meanes partly guilded ouer with golden promises and partly working vpon male-contented humors for you delight to fish in troubled waters you haue preuailed with many and applaud them as the best wits of England So long as they stay with vs you account them but Leaden-wits if once they set a foot within your Seminaries they are presently Metamorphised and become Golden But let your Orders be exquisite your Readers skilful your Students wittie and painfull I would gladly know what is the end of all this rare education PHIL. You might haue learned that of Nauarrus who declareth that in the English Colledge at Rome there is a statute or constitution That whosoeuer will enter into it is bound to sweare that after so many yeeres he shall goe into England for defence of the Catholicke faith and shall preach it there publickly and priuately Loe the end of their education is the Catholicke faith which they learne not onely for their owne information but for the instruction of England So all is referred to the ghostly good of our deare countrey ORTHOD. But what doe you meane by the Catholicke faith Bellarmine who was appointed by Gregorie the thirteenth to reade the Controuersies of faith in the Romane Colledges of the English and the Germanes and for his seruice to the Church and Court of Rome was aduanced to the dignitie of a Cardinall vseth these words De fide Catholica id est de Primatu sedis Apostolicae quem in Scripturis sanctis apertissimè fâ—ndatum Catholici omnes vt fidei Orthodoxae dogma certissimum habent Of the Catholicke faith that is of the Primacie of the See Apostolicke which being most euidently grounded vpon the holy Scriptures all Catholickes account as a most certaine receiued opinion or doctrine of the Orthodoxe faith And againe speaking of the branches of the Oath of Allegiance he saith That they containe abnegationem fidei Catholicae de Primatu Ecclesiastico Romani Pontificis The deniall of the Catholicke faith concerning the Ecclesiasticall Primacie of the Bishop of Rome And againe Si rem totam apud te diligenter cogitare volueris videbis profecto non esse rem paruam quae ob iuramentum istud in discrimen adducitur sed vnum ex praecipuis fidei nostrae capitibus ac religionis Catholicae fundamentis That is if you will diligently consider this whole matter in your mind truly you shall see That it is no small thing which by reason of this Oath is brought into danger but one of the principall heads of our faith and foundations of Catholicke Religion This he indeuoureth to proue because Pope Gregorie calleth himselfe Caput fidei the head of faith Whence he inferreth this conclusion Itaque sancto Gregorio teste cum de Primatu fidei Apostolicae vel turbando vel minuendo vel tollendo satagitur de ipso capite fidei amputando ac de totius corporis omniumqué membrorum statu dissipando satagitur Therefore as S. Gregory witnesseth when men goe about either to trouble diminish or take away the Primacie of the See Apostolicke they goe about to cut off the very head of faith and to dissolue the state of the whole body and of all the members So he is not content to make his new head equall to other heads but he will haue it to be Ipsum fidei caput The very head it selfe singularly and supereminently mounted aboue all other heads Thus the Popes Supremacie is become the Supreme article of your Catholicke faith But how farre extendeth this Supremacie The same Romane Reader teacheth That if a Prince of a sheepe or a ramme become a wolfe That is of a Christian become an heretick the Pastour of the Church may driue him away by Excommunication and withall command the people that they doe not follow him and therefore may depriue him of his dominion ouer his Subiects Yea hee teacheth that the Pope may change Kingdomes take them from one and giue them to another as the chiefe Spirituall Prince if it be necessary for the saluation of soules But when shall it be holden necessary That may appeare by the dealing of Pius Quintus against Queene Elizabeth for when that vertuous Princesse had banished the Pope and Popish abominations and planted the Gospel of Iesus Christ continuing constant in the profession thereof her Religion he iudged heresie her constancie he called obstinacie and thereupon pronounced her depriued of her Crowne and dignitie dissolued the sacred bond of Allegiance and cursed all that should obey her Which proceedings he called Arma iustitiae the weapons of Iustice pretending he was constrained thereunto of necessitie Wherefore if a Prince shall banish Idolatrie and superstition and continue zealous in the reformation of Religion it shal be iudged a iust sufficient and necessary cause of depriuation Thus you make a shew of Learning and Religion but traine vp your schollers to treason and rebellion Is this the preaching of the Catholicke faith Is this the ghostly good of your Countrey Is this the Popes incomparable loue And as hee hath small loue to England so notwithstanding his faire pretences he beareth not very much to you for the Pope being an old polititian may be well resembled to the Mariner which looketh one way and roweth another He sendeth you ample gifts but he sendeth them vpon a hooke and while you catch at the bait you swallow the hooke And as the Fisher baiteth with little fishes to catch the greater so the Pope being a cunning Fisher vseth you but for a bait to catch England and there to restore his Golden Supremacie which may be called Golden because it brought vnto him mountaines of Siluer and Gold But that you may the better perceiue the dangerous state wherein you stand giue me leaue to vse a plaine but a fit comparison An Ape seeing a Chesnut in the fire and not knowing how to get it spied a Spaniel by the fire side and suddenly catched his foote to rake out the chesnut Here you may see your owne faces in a homely glasse The Golden Supremacie is the Chesnut perils and dangers are the fire the Pope loath to burne his owne fingers vseth you but as the Spaniels foote to scrape for the Chesnut little regardeth hee how you be scorched so hee bee in hope to obtaine his desire But though many of you haue burned both your handes and your hearts yet
onely two Bishops would not suffer those two to consecrate a third but willed them to proceede to an election and send the party elected to Rome to be consecrated by three ORTHO The presence of three when they may conueniently be had we greatly commend yet not as a commandement of God but as a constitution of the Church to be imbraced of congruity and not of necessitie PHIL. YEs of necessity and that both necessitate precepti by the necessity of a command which we are bound to obey because as Anicetus saith instituente domino sieri iubetur it is commanded to be done the Lord so appointing and also necessitate medij as a necessary meanes necessary I say not only ad bene esse to the well performance of the consecration but also ad esse to the very being of it so that without it there is a nullity For first of all this is the generall iugdement of the Iurists as appeareth by those words of Cardinall Turrecremata Iuristae quasi omnes sunt huius opinionis quod requiratur ternarius numerus Episcoporum ita vt si quis a paucioribus consecretur dicatur nihil agi that is almost all the Iurists are of this opinion that the number of three Bishops is so required that if one be consecrated by fewer it may be said that nothing is done Which iudgement of the Iurists preuaileth with most eminent Canonists as appeareth by the words following in the Cardinall Vnde Hugo Archidiaconus dicunt vt Papa solus cum vno Episcopo non posset consecrare hac forma durante that is whereupon Hugo and the Archdeacon say that the Pope alone with one Bishop cannot consecrate so long as this forme endureth The words of the Archdeacon are these est ergo de forma substantia sacramenti quod ibi sint tres Episcopi si ordinetur a minus non est Episcopus quia deest substantia siue forma quâ— exigitur in collatione illius ordinis that is therefore it is of the forme and substance of the Sacrament that there be three Bishops and if one be ordained of lesse he is no Bishop because the substance or forme required in the Collation of that Order is wanting Moreouer whereas in the second Counsell at Arles it is saide that a Metropolitan should not presume to ordaine a Bishop without three of his prouinciall Bishops which the Canon Law aleadgeth three or two that is three with the Metropolitan or two besides him the glosse vpon the word three saith thus quod dicit tribus est de substantia consecrationis alias non esset consecratê° â—iessent pauciores that is Whereas the Councell saith three it is of the substance of the consecration otherwise he should not be consecrated if there were fewer ORTHO IS this the Iudgement of your Iesuites PHIL. Father Turrian speaking of the Metropolitan and two Bishops assistant saith Hi sunt tres prorsus necessarij these are three altogether necessary and elsewhere he produceth this saying of Damasus Quod Episcopi non sint qui minus quam a tribus ordinati sunt Episcopis omnibus patet quoniam prohibitum est a sanctis patribus vt qui ab vno vela duobus ordinati sunt Episcopis neque nominentur Episcopi si nomen non habent qualiter officium habebunt that is it is manifest to all men that they are no Bishops which are ordeined of lesse then three Bishops Because the holy Fathers forbid that such as are ordained of one or two Bishops should not so much as be called Bishops if they haue not the name how should they haue the office and he inferreth this conclusion in the words of Damasus Quare quicquid inter Episcopos aut de rebus solummodo adeos pertinentibus egerint necesse est vt irritum fiat quia quod non habent dare non possunt that is Wherefore whatsoeuer they shall doe among Bishops or concerning things belonging onely to Bishops it must needs be void because they cannot giue that to another which they haue not themselues Whereupon he accounteth your Bishops no Bishops your Ministers no Ministers your ordinations no ordinations Nec enim schismaticae ordinationes sunt sed nullae penitus ac potius meré laicae For the ordinations of the Protestants are not Schismaticall ordinations but no ordinations at all and mere laick ORTHO What saith Bellarmine to this matter for he was the noble and renowned Iesuite though now he hath changed his habit for a red hat PHIL. He saith Nostri temporis haeretici neutrum habent id est nec ordinationem nec successionem propterea longé inuerecundiús quam vlli vnquam haeretici sibi nomen munus Episcopi vsurpant i. the Heretickes of our time haue neither that is neither ordination nor succession and therefore they vsurpe vnto themselues the name and office of a Bishop farre more immodestly then euer did any other Heretickes the ground of which assertion as may appeare both by the antecedents and consequents is because they are not consecrated by three ORTHO Doth hee not allow a consecration by fewer in case of necessitie PHIL. It cannot be doubted saith he but ordinarily three Bishops are required to the ordination of a new Bishop vnlesse peraduenture by dispensation with one Bishop ordaining there be present two mitred Abbots which may supply the place of Bishops as it vseth sometimes to be done ob Episcoporum raritatem for the scarcitie of Bishops Hetherto Bellarmine to which Binius addeth aliamue iustam causam or for any other iust cause ORTHO By whose dispensation must this be PHIL Binius saith per summi Pontificis dispensationem by the Popes dispensation ORTHO If there bee neither three nor two nor any Abbots assisting nor yet the Popes dispensation what is then the iudgement of Bellarmine PHIL. You shal heare himselfe speake from which an insoluble argument is taken in this manner A Church cannot be without Bishops as we haue declared among the Lutherans there are no Bishops for they haue no ordination nor succession from the Apostles therefore among them there is no Church And verely that neither Luther who was accounted Bishop of Wittenberge nor Zuinglius who was reputed Bishop of Tigur nor Oecolampadius who in the very Epitaph vpon his graue is called the first Bishop of Basill nor Caluin who was called the first Bishop of Geneua nor any other of them were ordeined of three Bishops nor of one by dispensation with the assistance of Abbots is a thing notoriously knowen neither do they deny it Therefore these are no Bishops at least in the iudgement of the Fathers of the Nicen and Carthaginian Councell yea in the iudgement of the Apostles themselues who haue decreed that a Bishop ought to be ordained by three Bishops Thus Bellarmine is clearely of opinion that a Bishop must either be ordained of three or haue assistance
malueris Catholico Antistite gratiam Communionem Apostolicae sedis habente accitis in hoc sibi assistentibus duobus vel tribus Episcopis similem gratiam Communionem habentibus munus Consecrationis recipere valeas c. Concedimus facultatem Dat. Bonon 1532. Pontificatus nostri decimo That is ¶ Clement Bishop to our welbeloued sonne Thomas elect of Canterbury We grant licence to thee that thou mayest receiue the gift of Consecration of whatsoeuer Catholick Prelat thou wilt so he enioy the fauour and Communion of the Apostolicke See two or three Bishops enioying the like fauour and communion being sent for and assisting him in this businesse Or was he entangled with any Ecclesiasticall censures which might peraduenture be imagined to hinder his Consecration That is more then we find or if he were behold his absolution ¶ Clem. dil fil Thom. Cran. Archidiac de Tanuton in Ecclesia Wellensi Magistro in Theol. salutem Te a quibusuis excommunicationis suspensionis interdicti alijsque Ecclesiasticis sententijs censuris poenis a iure vel ab homine quauis occasione vel causa latis si quibus quomodolibet innodatus existis c. tenore praesentium absoluimus c. Dat Bonon 1532. 9. Mart. That is ¶ Clement to our welbeloued sonne Thomas Cranmer Archdeacon of Tanuton in the Church of Wells Master or Doctor in Diuinity Salutation We absolue thee by the Tenor of these presents from whatsoeuer sentences of excommunication suspension and interdiction and other Ecclesiasticall sentences censures and punishments inflected by the Law or by man vpon any occasion or cause if by any meanes thou be intangled with any Or was he not Consecrate by so many and such Bishops as the Popes Bull prescribed The time place and persons are extant in Record against which you can take no exception The briefe extract whereof I will communicate vnto you for your better satisfaction Tho. Cran. consecrated 30. of March 1533. 24. H. 8. by Iohn Lincolne Iohn Exon. Henry Assaph OR was it not performed with wonted Ceremonies according to the vsuall forme of your Church But those continued all the dayes of K. Henry the 8. euen when the Pope was banished as Sanders confesseth ¶ Sand. de schis p. 297. Ceremoniam autem solennem vnctionem more Ecclesiastico adhuc in consecratione illa Episcopali adhibere voluit That is It was the will and pleasure of King Henry the eight That the Ceremony and solemne vnction should be vsed after the maner of the Church in that Episcopall consecration Or did he want the Pall which if we may beleeue you containeth the name of an Archbishop with the fulnesse of Bcclesiasticall power But this was sent him from your holy father ¶ Clem. Episc. dilecto filio Tho. Electo Cantuar. Pallium ipsum de corpore beati Petri sumptum per venerabiles fratres nostros Archiep. Ebor. Episcop Londin Tibi assignandum per praefatum nuntium tuum duximus destinandum vt ijdem Archiepiscopus Episcopus vel eorum alter illud tibi postquam munus consecrationis acceperis assignent c. Dat. Bonon 1532. 5. Non. Mart. That is We thought good that it should be appointed by your foresaid messenger That the Pall it selfe taken from the body of blessed Peter should be assigned vnto you by your venerable brethren the Archbishop of Yorke and the Bishop of London that the said Archbishop and Bishop or either of them may assigne it vnto you after you haue receiued the gift of Consecration PHIL. I deny not that Cranmer was truely ordained because Catholicke Bishops consecrated him and so I confesse that hee liued and died a true Bishop but peraduenture he was neuer any lawfull Archbishop of Canterburie ORTHOD. Why so hee was Canonically chosen by the Church of Canterburie with the consent of the King and the Popes approbation appearing both by his Bulls and the Pall which hee sent him hee was Canonically consecrated by his Comprouincials with the Popes consent who stiled him Thomam Cranmerum olim Archiepiscopum Cantuariensem i. Thomas Cranmer sometimes Archbishop of Canterburie both in his Bull of Commission to the Bishops of London and Ely authorising them to proceed against him And likewise in his Bull of prouision for Cardinall Poole Neither did he onely giue him the title of an Archbishop but he tooke order also for his Degradation which was openly performed by the Commissioners Concerning which it is famously knowen That whereas they did onely Vnpriest Ridley Hooper and Farrer as taking them for no Bishops they did Vnbishop Cranmer taking from him both his Episcopall and Archiepiscopall robes In the doing whereof Cranmer said vnto them Which of you hath a Pall to take away my Pall To whom they answered That they did it by the Popes Commission Wherefore you must of force confesse without all peraduenture That he was not onely Bishop but also truely Archbishop of Canterburie PHIL. Let all this be granted yet I must needs adde that his proceedings were Schismaticall and opened a way for the great Schisme of Henry the eight CHAP. VII Of the abolishing of Papall Iurisdictions by King Henry the eight which the Papists iniuriously brand with imputation of Schisme ORTH. FOrasmuch as it is the custome of Papists to brand the raigne of King Henry the eight with the odious name of Schisme let me a little dispell those clouds and mists wherewith they darken the glorie of that Heroicall Prince When the time was come that it pleased the Almightie to deliuer England from the vsurped authoritie of the Bishop of Rome the beginning of it did grow from a detestable dispensation For whereas Prince Arthur elder sonne to Henry the 7. had married the Lady Katherine daughter to Ferdinando King of Spaine it pleased God that the said Prince Arthur shortly after deceased without issue so his yonger brother Henry Duke of Yorke was proclaimed Prince of Wales Now Ferdinando King of Spaine being disappointed of his former hope and still desirous to make his daughter Queene of England after long suite with great cost and charges in the life time and with the consent of Henry the 7. obtained a dispensation that she being wiâ—e to the one brother might lawfully be married to the other This matter was referred first to Pope Alexander the sixt then to Pius the third both which died before it could be accomplished After them succeeded Iulius the second the noble warriour who brake through al difficulties couragiously granted the dispensation contrary to the opinion of all the Cardinals of Rome being Diuines By vertue whereof Prince Henry being yet of tender yeeres was contracted to his brothers wife While the marriage was expected it pleased God that in Spaine Elizabeth mother to the Lady Katherine and in England Henry the seuenth departed this life so the kingdome descended to Henry the eight who was
same reason of this and the former ORTHOD. There is so For as Christ is the chiefe Baptizer so hee is the chiefe Ordainer It is hee that giueth d Pastours and teachers vnto the Church therefore the personall iniquitie of the seruant cannot disanull the gracious gift of the master For who conferred Priesthood among the Iewes After the consecration of Aaron and his sonnes which was performed by the hands of Moses and was extraordinary there is no doubt but the honour of it belonged ordinarily to the high Priest But did not Aaron make a golden calfe Did not Eli see his sonnes runne into a slander and stayed them not Yet so long as they liued they did execute the Pontificall office neither were their Ordinations called in question no not the Ordinations of Annas and Caiaphas But is there the same reason here also of Hereticks and schismatiks PHIL. Card. Bell saith Quis ignorat Catholicorum Baptizatos ab Haereticis verè esse Baptizatos similiter Ordinatos verè esse Ordinatos quādo Ordinator Haereticus verè Episcopus fuerat adhuc erat saltem quantum ad Characterem i. Which of the Catholicks is ignorant that the Baptized of Hereticks are truely Baptized and those that are likewise Ordained of Hereticks are truely Ordained when the Hereticall Ordainer had bene truly a Bishop and was still at least in respect of the Character ORTHOD. S. Basill affirmeth That of all the Arch heretickes of the whole world whereof many were then very famous none euer durst reordaine the Ordained except one Eustathius Ancyrogalata whose wicked crime the Councel of Gangren declareth In the 2. Councel at Nice the Monks said According to sixe holy and generall Councels we receiue those that returne from Heresie vnlesse there be some intolerable cause Tharasius the most blessed Patriarch said And all we also being instructed of our holy fathers doe so define And againe Tharasius the most blessed Patriarch said What say you of Anatolius was not he President of the fourth Synode yet he was Created of that wicked Dioscorus Therefore let vs also receiue the Ordained of Hereticks as Anatolius was receiued And againe Tharasius the most blessed Patriarch said Truely very many which were Presidents in the sixt Synod were created of Sergius Pyrrhus Paul and Peter teachers of the Heresie of the Monothelites Yea these likewise diuided the Constantinopolitan Sees among the Clergie From Peter their last teacher vnto the sixth Synode there came betweene no fewer then fifteene yeeres in which space were Thomas Iohn and Constantine ordained of heretikes who notwithstanding were not for this cause reiected The heresie lasted about fiftie yeeres yet the fathers in the sixth Synod condemned onely the forenamed foure whereby it is euident that heresie in their iudgement doth not take away the power of giuing orders which you confesse and must needes because one of your owne Popes was ordained by heretikes if Felix the second were a Pope PHIL. In the time of Gregory the thirteenth the Roman Martyrologe was set out at Rome where there was a great controuersie among learned men concerning Felix whether his name were to bee spunged out and Baronius with many other were of that opinion but it fell out as it were by a diuine miracle the very day before Saint Felix his day that some digging for treasure found a chest wherein was this inscription The body of Felix Pope and Martyre which condemned Constantius so Baronius yeelded to Felix as it were pleading his owne cause especially seeing Pope Gregory himselfe was of that iudgement Therefore we confesse that Felix was a lawfull Pope although his entrance is much to be misliked For according to the common sentence of the Fathers hee was intruded by the Arians and ordained of them therefore at the first while Liberius suffered persecution for the Catholicke Faith hee was a Schismaticall Anti-pope but as Binius saith from such time as hee aduanced the banner of faith by excommunicating Constantius Vrsacius Valens and other Arians and Liberius for his manifest Communion with Hereticks was plainely accounted banished from the Communion of Catholikes omnium Catholicorum iudicio quanquam antea schismaticus fuisset legitimus Ecclesiae Catholicae Pontifex haebericaepit that is Although before he had beene a schismatick yet then he began to bee accounted the lawfull Bishop of the Catholick Church by the iudgement of all Catholickes ORTHOD. Then you confesse that Felix which was ordained of Arians was notwithstanding a lawfull Bishop yea and a lawfull Pope by the iudgement of all Catholicks for if you should say otherwise what would become of those fiue Deacons 21. Priests 19. Bishops which hee ordained If heretikes haue no power to ordaine then Felix was no Bishop and consequently according to your owne positions al ordinations deriued from him were mere nullities PHIL. You heard before out of the councels of Florence and Trent that the Character is indeleble whereupon it followeth that neither schisme nor heresie nor any censure of the Church can take it away wherefore seeing the Episcopall character whether it be a diuerse from the Presbyterall or the same more extended is an absolute perfect and independent power of conferring the Sacraments of Confirmation and Order therefore a Bishop may not onely without any further dispensation confirme and order but hee cannot bee hindered by any superiour power but that hee may trulie confer these Sacraments if it please himselfe as our learned Cardinall affirmeth which is also the common opinion of the schoolemen Heretiks saith Dominicus a Soto whosoeuer they be euen such as are cut off although they were not formerly promoted lawfully by the Church but by heretikes doe verily conferre the Sacrament of order although they bee forbidden by the Church and therefore while they doe conferre it they sinne mortally Gabriel Biel although a Bishop being an heretike and Apostata degraded cut off or publikely excommunicated bee depriued of all iurisdiction by the law it selfe neither can he absolue any man from his sinnes yet hee may actually ordaine any man capable of the order being willing yea though he be not subiect to his iurisdiction notwithstanding that the Church doth iustly prohibit him And Capreolus Bishops although they bee heretikes schismatickes and degraded may confer orders This is agreeable to the Decree of Pope Anastasius concerning those whom Acasius ordained after his condemnation to wit That no harme at al should befal them By al this it appeareth that the orders thus ministred are effectuall ORTHO But doth not degradation depriue a man of the degree PHIL. Non est dubitandum saith Petrus a Soto per haeresim vel excommunicationem siue etiam degradationem non amittipotestatem quae sacramento collata est siue characterem vt dicunt baptismi confirmationis ordinis quanquam vsus illius amittatur that is It is not to bee doubted that the power
which hath not the right order of Priesthood but the Priesthood conferred in King Edwards time was no Priesthood because they wanted the authority to offer the blessed sacrifice of the Masse therefore those Priests were not capable of the Episcopall order ORTHO I answere first that seeing that King Edward rained but sixe yeeres and fiue moneths it is likely that most of them which were aduanced in his time to bee Bishops were before his time in the order of Priesthood Secondly if any be produced which were not yet it shal be iustified God willing when we come to the point that the order of Priesthood conferred in the dayes of King Edward Queene Elizabeth and King Iames is the true ministery of the Gospel and that your sacrificing Priesthood is sacrilegious and abominable In the meane time you must giue vs leaue to holde that the ministery of the Church of England is holy in the sight of God and iustifiable in the sight of man CHAP. XII Of the Bishops Consecrated in the dayes of Queene Marie THe lineall descent hath led vs to the Bishops in Queen Maries time concerning which shal I craue your iudgement PHIL. You know it already they were all Canonical ORTHOD. For the more distinct proceeding let vs diuide them into two ranckes the old Bishops and the new the old I cal such as being cōsecrated before her time were continued in her time the new which were Consecrated in her time PHIL. All which were allowed for Bishops in Queene Maries time whether old or new were Canonicall ORTHO The old Bishops were all made in the dayes of K. Henry the eighth and almost all in those very times which you brand with imputation of schisme and heresie when none could bee Consecrated vnlesse hee did sweare to the king against the Pope Wherefore seeing you iudged both Consecrators and Consecrated schismaticall and hereticall and yet esteeme them Canonicall your obiections of schisme and heresie must eternally bee silenced in the question of Canonicall Bishops For if these crimes can frustrate a Consecration then their Consecration was frustrate and they were no Bishops or if they were Bishops and Canonicall then all the Bishops in King Henries time were likewise Canonicall Moreouer some of them whom you so commend were Bishops in King Edwards time as for example Thomas Thurlby whom King Henrie promoted to be Bishop of Westminster was aduanced by King Edward to the Bishopricke of Norwich and afterward preferred by Queene Mary to the Bishopricke of Ely and moreouer to be one of her priuie Councell Yea some of them had the place of a Bishop in the dayes of Queene Elizabeth Namely Anthony Kitchin who in King Henries time was made Bishop of Landaff kept his dignities and place in the dayes of K. Edward continued the same all the reigne of Queene Mary and so till the day of his death which was in the fift yeere of Queene Elizabeth Wherefore in iustifying the old Bishops you iustifie al generally which were Consecrated in King Henries daies and some which continued in King Edwards and Queene Elizabeths But now from the old let vs come to the new PHIL. QVeene Mary aduanced Holiman bishop of Bristow Coates bishop of Chester Watson bishop of Lincolne Morris bishop of Rochester Morgan bishop of S. Dauis Brooke bishop of Glocester Glin bishop of Bangor Christophorson bishop of Chichester Dauid Poole bishop of Peterborow Cardinall Poole bishop of Canterbury and others ORTHOD. And these reuerend Prelats Bush bishop of Bristow Tailor bishop of Lincolne Scory bishop of Chichester Barlow bishop of Bathe and Wells Couerdale bishop of Exeter and Harly bishop of Hereford with sundry others were at that time forced to leaue their bishopricks For what cause partly for not yeelding to the Pope and Popish Religion partly because they were married which Greg. Martin calleth a polluting of holy Orders though S. Paul saith it is honourable among all men and the bed vndefiled But let vs see the Consecration of your new bishops PHIL. I will begin with that renowned Prelate Cardinall Poole whose Consecration followeth Anno 1555. Reginald Poole cons. Archb. Cant. 22. Mart. by Nichol Arch. Ebor. Thom. Eltens Edmund Lond. Rich. Wigorn. Ioh. Lincoln Mauric Roff. Thom. Asaph Anno 1557. Thom Watson Dauid Pole Cons. B. 15. Aug. by Nich. Ebor. Thom. Eli. Wil. Bangor Anno 1557. Ioh. Christophorson cons. B. 21. No. by Edmund Lond. Tho. Elien Mauric Roff. ORTHOD. All these deriue their Consecration from bishops which were made in the time of the pretended Schisme and some of them from Cranmer himselfe therefore you must either acknowledge all them and namely Cranmer for Canonicall or neither Cardinall Poole nor any of the rest made in Queene Maries time can be Canonicall THE THIRD BOOKE OF THE BISHOPS CONSEcrated in the Raigne of Q. Elizabeth and of our gracious Soueraigne King IAMES CHAP. I. Of the Bishops deposed in the beginning of the raigne of Queene Elizabeth with an answere to certaine odious imputations concerning some Antecedents and Consequents of their Depositions PHIL. THe reuolution of times hath brought vs to the raigne of Queene Elizabeth euen to that blacke and dolefull day wherein all the Bishops of England all I say one onely excepted were deposed from their degrees and dignities For a great penaltie was inflicted vpon such as should after the Feast of S. Iohn Baptis◠1559. say or heare Masse or procure any other Ecclesiasticall Office whatsoeuer after the old rite or administer any Sacrament after the Romane maner to wit That hee which offended against that Law for the first time should pay 200 Nobles or be in bonds sixe Moneths for the second 400. Nobles or a yeere in bonds for the third he should be in perpetuall prison and forfeite all his goods By which meanes it came to passe That at the day prescribed the holy and diuine Offices ceased to be performed publikely through the whole Kingdome And because the Bishops would not consent to those impieties nor affirme vpon their Oathes that they beleeued in their consciences That the Queene onely was the Supreame gouernesse of the Church of England vnder Christ they were all saue one shortly after deposed from their Degree and dignitte and committed to certaine prisons and custodies whereupon they are all at this day dead with the long tediousnesse of their miseries The names of which most glorious Confessours I will set downe that the thing may be had in euerlasting remembrance First of all Nicholas Archbishop of Yorke and a little before that time Lord Chancellour of England then Edmund Bonner Bishop of London and Tunstall of Durham Iohn of Winton Thomas of Lincolne Thurlby of Ely Turberuill of Exeter Borne of Bath Pole of Peterborow Baine of Lichfield Cuthbert of Chester Oglethorp of Carlile and Thomas Goldwell of S. Asaph c. ORTH. Here are two things to be discussed The deposing of the old Bishops and aduancing of the new Concerning the first
Binius hath Vobis but it should be Nobis which may appeare first because the Emperor himself in the words shortly after following in Binius said Nos proratione datae nobis in Ecclesiasticis rebus potestatis non tacebimus that is We in regard of the power giuen vnto vs in Ecclesiasticall matters will not hold our peace Where it is cleare that the Emperor did think himselfe to haue power giuen him from God not only in matters ciuil but also in Ecclesiasticall Therefore when the Emperor said That the diuine prouidence had committed vnto him the gouernment of the vniuersall ship hee must needs be vnderstood as well of causes Ecclesiasticall as ciuill Which may yet appeare further by the Emperors words as they are in Surtus immediatly following in the same sentence Omne studium arripuimus ante publicas curas Ecclesiasticas dissoluere i. When the diuine prouidence had committed vnto vs the gouernment of the vniuersall ship we vsed all diligence to dispatch Ecclesiasticall cares before the publike affaires of the Commonwealth So if Surius wil be iudged by his owne Edition and giue the Emperour leaue to expound himselfe then Ecclesiasticall affaires must be comprehended in the gouernment of the Vniuersall ship Wherfore though Surius would raze out the word Ecclesiasticall and Binius foist in Vobis instead of Nobis yet whether we compare either of them with himselfe or each of them with other it is euident that the Emperor Basil did challenge the gouernement of the vniuersal ship both Ecclesiastical and Ciuil and that in a generall Councell no man resisting him What doth this differ from Supreme gouernour as it is vsed in the Church of England AS Basill did challenge this gouernment no man resisting so sundry Synods haue giuen the like to Princes not refusing it There was a Councell holden at Mentz in Germany the yeere 814. In the time of the Emperour Charles the great and Pope Leo the third the Synodall acts whereof Binius professeth that he compared with a manuscript sent him out of the Emperours library at Vienna Now the Bishops assembled in this Synode begin thus In the Name of the Father of the Sonne and of the holy Ghost To the most glorious and most Christian Emperour Carolus Augustus gouernour of the true religion and defender of the holy Church of God c. And a little after We giue thanks to God the Father Almighty because hee hath granted vnto his holy Church a gouernor so godly c. And againe About all these points we greatly need your aide and sound doctrine which may both admonish vs continnally and instruct vs curteously so farre that such things which we haue briefly touched beneath in a few Chapters may receiue strength from your authority if so bee that your piety shall so iudge it worthy whatsoeuer is found in them worthy to be amended let your magnificent and imperiall dignity command to amend In the yeere 847. there was holden another Synode at Mentz in the time of Leo the fourth and Lotharius the Emperor where the Bishops begin in the like manner Domino Serenissimo Christianissimo regi Ludouico verae religionis strenuissimo rectori i. To our most gracious Lord and Christian king Lodowick the most puissant gouernor of true religion The like was ascribed to King Reccesuinthius in a Councell holden at Emerita in Portugale about the yeere 705. in these words Whose vigilance doth gouerne both secular things with greatest piety and Ecclesiasticall by his wisdome plentifully giuen him of God So they acknowledged him gouernor both in causes secular and Ecclesiastical This Councel of Emerita receiued much strength and authority from Pope Innocent the third in his Epistle to Peter Archb. of Compostella as witnesseth Garsias Thus you see that most famous Bishops assembled in Synods haue giuen vnto Princes such titles as are equiualent to the stâ—le annexed to the imperiall crowne of this kingdome To which we might adioyne the iudgement of other fathers Tertullian Colimus imperatorem vt hominem à Deo secundum solo Deo minorem i. We reuerence the Emperour as a man next vnto God and inferiour onlie to God Optatus Super imperatorem non est nisi solus Deus qui fecit imperatorem Aboue the Emperour is none but onely God who made the Emperour So Saint Chrysostome saith that the Emperor hath no peere vpon earth and calleth him the head and crowne of all men vpon earth If he be next vnto God and inferiour only to God If none be aboue him but God onlie If he haue no peere vpon earth as being the head and crowne of all men vpon earth then must hee needs bee the supreme gouernour vpon earth according to the iudgement of the fathers This is agreeable to the Scripture which testifieth that most godly kings commanded both Priests and high Priests euen in cases of religion as was before declared Neither is this authority taken away in the New Testament but continueth the very same As may appeare by Saint Paul who lifteth vp his voice like a trumpet proclayming Let euery soule be subiect to the higher powers which words euery soule comprehend all persons both Ecclesiasticall and Temporal yea though they were Euangelists Prophets or Apostles as Saint Chrysostome doth truly expound them If euery soule be subiect to the higher powers then the Prince is superiour to all and consequently supreme within his owne dominions But why doe I stay so long vpon this point which hath beene of late so learnedly and plentifully handled that to say any more were but to cast water into the sea or to light a candle at noone day PHIL. HOw vnreasonable it is may appeare by the absurdities which follow thereupon for if the Prince be supreme gouernour in causes spiritual then he may command what religion he list and we must obey him ORTHOD. Not so for he is supreme gouernour in causes temporal yet he may not command a man to beare false witnesse or to condemne the innocent as Iesabell did or if he should we must rather obey God then man so in cases of religion Nabuchodonosor had no warrant to erect his image nor Ieroboam to set vp his golden calues For the king as king is supreme vnder God not against God to commaund for truth not against truth And if hee shall command vngodly things we may not performe obedience but submit our selues to his punishments with patience PHIL. Doe not you by this title ascribe as much to the King as wee doe to the Pope ORTHO Wee are farre from it For when some malicious persons did wrest the words of the oath of supremacy to a sinister sense notifying how by words of the same oath it may be collected that the Kings or Queenes of this realme possessours of the crowne may challenge authority and power of ministery of diuine seruice in the Church Queene Elizabeth in the first yeere of
onely carefull that Euery thing requisite and materiall should be made and done as precisely as euer before but also to the end that all men might be satisfied that all doubt scruple and ambiguitie might be taken away and that there should not the least spot of suspition cleaue vnto her Clergie it pleased her Maiestie if peraduenture quicke sighted malice could finde any quirk or quiditie against them by colour of any Canon or Statute graciously to dispense with it Which doth not argue any vnsoundnesse in their consecrations but the godlie care and prouidence of a religious Prince PHIL. You vse to finde fault with the Popes dispensations and will you your selues in an act of Parliament affirme that the Queene dispensed with all causes or doubts of any imperfection or dissabilitie and that in a matter of holie Orders ORTHOD. The Pope taketh vpon him to dispense against the law of God as for example That a brother may marrie his brothers wife So did not Queene Elizabeth but onelie with trespasses against her owne lawes not in essentiall points of ordination but onelie in accidentall not in substance but in circumstance Neither did she giue them leaue to make any voluntarie violatioÌ„ of the law but only dispensed with such omission as necessity it selfe should require as may appeare by the said letters patents And it pleased the Almighty so to dispose that al things were performed in most exquisite manner yet the Papists such was their hatred against the Clergie did blaze abroad the contrarie Whereupon the high Court of Parliament assembled in the eight yeere of that famous Queene hauing deepelie considered and pondered all things pronounced that their speeches were Slanderous not grounded vpon any iust matter or cause For Gods name bee blessed all things were done honestlie and in order euen from her first comming to the crowne ANd verily as Iosua protested I my house wil serue the Lord so Queen Elizabeth resolued with her owne heart I and my kingdomes will serue the Lord. Therefore as Iosias assembled the ancients of Iuda and Ierusalem to make a Couenant with their God so Queene Elizabeth assembled her high Court of Parliament for the same purpose But as when Nehemias went about reformation the Priests and Prophets which should haue bin the principall helpers were principal hinderers so it came to passe in that Parliament that whereas the Prince and Barons and the Commons were great instruments of Gods glorie the Popish Bishops sought by all meanes the glory of their holie father the Pope Notwithstanding God in his mercy gaue a blessing so that the truth preuailed And as Iehoiada required an oth in behalfe of King Ioas so the Parliament did in behalfe of Queene Elizabeth And as Abiathar was iustlie depriued for refusing Salomon and ioyning with Adonia euen so were the Popish Bishops for refusing the oth of the Queenes supremacie which contained nothing else but the Princes lawfull title And as Abiathar beeing displaced Sadok was aduanced so those vndutifull Bishoppes beeing remooued godlie Pastours were preferred THe Bishops depriued were in number fourteene in whose Sees who succeeded may appeare by this table wherein is set downe first the Prouince of Canterbury and then of Yorke   Sees Displaced Placed prouince Cant. London Bonner Grindall Winchester White Horne Ely Thurlby Coxe Lincoln Watson Bullingham Cou. Lichfeild Bane Bentham Bath and Wels. Bourne Barckly Exon. Turberuill Ally Worcester Pates Sandes Peterburrow Poole Scambler Asaph Gouldwell Dauis Yorke Yorke Heath Young Durham Tunstall Pilkinton Carlill Oglethorp Best Chester Scot. Downham ¶ The Consecration of the B. of the Prouince of Cant. Anno 1559. Edm. Grindall Cons. 21. Dec. by Math. Archbishop Cant. Will. Cicester Ioh. Hereford Ioh. Bedford Anno 1560. Robert Horne cons. 16. Feb. by Math. Archbishop Cant. Tho. Meneu Edm. London Tho. Cou. Lich. Anno 1559. Rich. Coxe cons. 21. Decem. by Math. Archbishop Cant. Will. Cicester Ioh. Hereford Ioh. Bedford Anno 1559. Nich. BullinghaÌ„ cons. 21. Ian. by Math. Archbishop Cant. Edm. London Rich. Eliens Ioh. Bedford Anno 1559. Tho. Bentham cons. 24. Mart. by Math. Archbishop Cant. Nich. Lincoln Ioh. Sarum Anno 1559. Gilb. Barckly cons. 24. Mart. by Math. Archbishop Cant. Nich. Lincoln Ioh. Sarum Anno 1560. Will. Ally cons. 14. Iuly by Math. Archbishop Cant. Edm. London Gilbard Bath and Wells Anno 1559. Edwin Sandes cons. 21. Decem. by Math. Archbishop Cant. Will. Cicester Ioh. Hereford Ioh. Bedford Anno 1560. Edm. Scambler cons. 16. Febru by Math. Archbishop Cant. Tho. Meneuens Edm. London Tho. Cou. Lichfield Anno 1559. Rich. Dauis cons. 21. Ianu. by Math. Archbishop Cant. Edm. London Rich. Eliens Ioh. Bedford Of the Cons. of the Bishops of the Prouince of Yorke Thomas Young was translated to Yorke from Saint Dauids whose Consecration was as followeth Anno 1559. Thomas Young cons. 21. Ianuary by Math. Archb. Cant. Edm. London Rich. Eliens Ioh. Bedford The like is to be iudged of the rest which I haue not set downe because as yet I haue not seene the records of Yorke CHAP. VI. A briefe view of all the Bishops of some of the principall Sees during the whole raigne of Queene Elizabeth ORTH. TO the intent that all men may knowe the godly care of the Church of England in obseruing the ancient Canons I will set downe all the Bishops of some of the principall Sees which were consecrated from the first enterance of Queene Elizabeth till the ende of her Raigne Canterbury THe Archbishops of Canterbury in the Queenes time were Math. Parker Edmund Grindal and Iohn Whitgift the consecration of the two former you haue heard already the third remaineth to be declared Anno 1â—77 Ioh. Whitgift cons. 21. April by Edm. Archb. Cant. Ioh. London Rob. Winton Rich. Cicester London THe Bishops of London in the Queenes time were Edmund Grindall Edwin Sandes Iohn Elmer Richard Fletcher and Richard Bancroft The Consecration of the two first were before expressed the rest as followeth Anno 1576. Ioh. Elmer Cons. 24. Mart. by Edm. Archb. Cant. Edw. Archb. Ebor. Ioh. Roff. Anno 1589. Rich. Fletcher Cons. 14. Dec. by Ioh. Archb Cant. Ioh. London Ioh. Roff. Ioh. Glou. Anno 1597. Rich. Bancroft Cons. 8. May by Ioh. Archb. Cant. Ioh Roff. Anton Meneu Rich Bangor Anton. Cicest ¶ Winchester THe Bishops of Winchester in the Queenes time were Robert Horne Iohn Watson Thomas Cooper William Wickham William Day and Thomas Bilson the Consecration of Bishop Horne was before handled the rest were as followeth Anno 1580. Ioh. Watson Cons. 18. Septem by Edm. Archb. Cant. Ioh. London Ioh. Roff. Anno 1570. Thomas Cooper Cons. 24. Febr. by Matth. Archb. Cant. Robert Wint. Nich. Wigorn. Anno 1584. Will. Wickham Cons. 6. Decem. by Iohn Archb Cant. Edm. Wigorn. Ioh. Exon. Mauricius Meneu Anno 1595. William Day Cons.
vide 18 Edmund Grindall vide 3. Edwin Sands vide 11. 13 Rob. Horne cons. 16. Feb. 1560. by Mathew Parker vide 4. Edmund Grindall v. 3. 14 Tho. Young Cons. 21. Ian. 1559. by Math. Parker vide 4. Edmund Grindall v. 3. Ioh. Hodgskins in the time of H. 8. 15 Rich. Cox with Edm. Grindall v. 3. 16 〈◊〉 〈◊〉 cons. 24. Mar. 1559. by Mathew Parker vide 4 17 N. Bullinghā cons. 21 Ian. 1559 by Mathew Parker v. 4 Edm. Grindall v. 3 Richard Cox vide 15 Iohn Hodgskins 18 Ioh. Iewell cons. 21 Ian. 1559 by Mat. Parker v. 4 Edm. Grindal v. 3 Richard Cox v. 15 Io. Hodgskins 21 Iohn Young Consecrated 16. Mar. 1577. by Edmund Grindall vide 3 Iohn Elmer vide 10 Iohn Iewell vide 18 22 Ant Rud Consecrated 9. Iun. 1594. by Iohn Whitgift vide 2 Iohn Young vide 21 23 Richard Fletcher Cons 14. Dec 1589. by Iohn VVhitgift vide 2 Iohn Elmer vide 10 Iohn Young vide 21 24 Iohn Bullingham Cons 5. Sep 1581. by Edmund Grindall vide 3 Iohn Elmer vide 10 Iohn Young vide 21 25 Richard Vaughan Cons 25. Ianuary 1595. by Iohn Whitgift vide 2 Richard Fletcher vide 23 Iohn Young vide 21 26 Anthony Watson Cons 15. August 1596. by Iohn Whitgift vide 2 Iohn Young vide 21. Richard Vaughan vide 25 27 Thomas Bilson conse 13. Iune 1596. by Iohn Whitgift vide 2 Richard Fletcher vide 3 28 William Day consecrated 25. Ianuary 1595. by Iohn Whitgift vide 2 Richard Fletcher vide 23 Iohn Young vide 21 PHIL. These are domesticall testimonies of your owne neither doe I know whether they be true ORTH. The records alleadged are of such high credit and reputation that they cannot possibly be infringed As for the maine point whereupon all the rest dependeth that is the Consecration of Archbishop Parker as it was solemnly performed in a great assembly so it was published in print in his owne time when all things were in fresh memorie And though some of his spitefull and bitter enemies did then scornefully coment vpon his life yet the trueth of this fact they neuer called in question PHIL. Surely Orthodox I cannot but maruell if your extracts be true how the contrary opinion was so commonly receiued in the English Colledges at Rome and Rhemes ORTH. Truely Philodox that which a man wisheth hee is willing to beleeue the mind sophisticate with malice is ready vpon euery light occasion to imagine the worst yea and somtimes to blaze that for certaine which hath neither shew nor shadow of truth Yet these vaine surmises you receiue for oracles and deliuer one to another by the holy hand of tradition wherein you glory as in an vnanswerable argument So did your fellowes at Framlingham so did Hart in the conference with Doctour Rainolds but when hee had heard his answere iustifying our Bishops by authentical records he would needes haue that whole point left out of the conference saying he would not presse him with it and confessed hee thought that no such thing could haue beene shewed and that himselfe had beene borne in hand otherwise Now Philodox as he was deluded so are you but as he receiued satisfaction so I hope will you THE FOVRTH BOOKE VVHERIN IS INTREATED of Episcopall Iurisdiction CHAP. I. Whence the Bishops of England receiue their iurisdiction PHIL. THough it were graunted that the Bishops of England haue Canonicall Consecration yet it will not follow that they are perfect and complete Bishops For whence haue they their Iurisdiction ORTH. Partly from Christ and partly from the Prince PHIL. From the Prince how can this bee Is Episcopall Iurisdiction of the same nature with the Princely ORTHOD. Betweene the Regall and Episcopall there are many differences but it shall bee sufficient for our present purpose to obserue these two first the Episcopall Iurisdiction is onely spirituall or Ecclesiasticall but the Regall is both Ecclesiasticall and temporall Secondly the King doth gouerne Ecclesiasticall affaires not Ecclesiastically but regally that is with a soueraigne authoritie outwardly coercitiue with temporall punishments The Bishop handleth Ecclesiasticall matters in Ecclesiasticall manner For hee is enabled by himselfe and ex officio ordinario not onely to minister the word and Sacraments but also to performe other holy and eminent actions as for example to ordaine Ministers and to inflict spirituall censures vpon the offendours namely the sentence of excommunication and againe to absolue and restore them to the Communion of Saints Which sacred offices our Church ascribeth not vnto the person of the Prince neither did our Kings or Queenes euer practise them For regall Iurisdiction consisteth not in a ministeriall power nor personall performance of such things but in an outward supreame commanding authoritie as was before declared out of the admonition annexed to the Queenes iniunctions an acte of Parliament and the Articles of Religion Wherefore as it was not lawfull for the Kings of Iudah to take vpon them the Priestly office to burne incense or offer sacrifice and yet they might command the Priestes euen in these things to doe their dutie as it was prooued before by many examples so it belongeth not to the Prince to minister the word and Sacraments to ordaine or excommunicate yet being supreame gouernour ouer all persons and in all causes within his owne dominions hee may make lawes and command that these things bee done by such persons and in such manner as is agreeable to the blessed will of God Iustinian made a lawe that no Bishops nor Priestes should separate any man from the holy Communion before the cause were declared for which the holy Canons command him so to doe inacting there-withall that if any were otherwise excommunicated he should be absolued by a greater Priest and restored to the Communion of Saints When Maximus Bishop of Salonae had incurred Ecclesiasticall censures Pope Gregory the Great did release them secundum iussiones serenissimi Domini imperatoris i. according to the Commandements of his most gracious lord the emperour Which commanding authoritie as Pope Greg. did acknowledge in the Prince so some of your own men ascribe it euen to an Abbot or an Abbatesse Tabiena Armilla scribunt c. i. Tabiena and Armilla write after Panormitane Astensis and others that an Abbatesse may command such Priests as are subiect vnto her to excommunicate her rebellious obstinate Nuns or absolue the same so that the Priests shall be bound to obey her Which kinde of spirituall iurisdiction you giue to a woman not only delegated but ordinary according to the common opinion of the Canonists Canonistae volunt c. i. The Canonists are of this mind that the dignitie of Prelacie and excellencie of office may giue to Ecclesiasticall women spirituall and Ecclesiasticall Iurisdiction which they may inioy not onely by right delegated and committed vnto them but also by ordinary Stephanus de Aluin inclineth to the same opinion Dicendum
meanes of the brasen serpent yet the vertue of healing proceeded not from the brasen serpent but immediatly from himselfe For â—e that turned towards it was not healed by the thing that he saw but by thee O Sautour of all Euen so though God in giuing this Spirituall power vse the ministerie of man yet the power it selfe is immediatly from God For whereas S. Paul among the gifts of God to the Church nameth gouernments And S. Peter saith If any man minister let him doe it as of the abilitie which God ministreth Your Iesuit Salmeron though striuing to deriue it from the Pope as it is actuall yet considering it in it selfe being conuicted with the euidence of trueth saith thus Ministrationes quoque Domino ascribuntur sicut gubernationes à Paulo quia quicquid est supernaturale in ministerio gubernatione Deus per se fecit id autem ad quod creatura potest concurrere sinit eam agere etsi ipse praecipuè id operetur Gratia igitur gratis data administrandi gubernandi à Deo est immediatè i. Ministrations are ascribed to the Lord by S. Paul as also gouernments because whatsoeuer is supernaturall in ministerâ—â— and gouernment God hath wrought that by himselfe but he suffereth the creature to worke that vnto which it can concurre although himselfe in that bee the 〈…〉 pall agent Therefore the freely giuen grace of administring and gouerning is 〈…〉 tly from God And againe â— Si sâ—matur pro gratia gratis data gubernandi vel administrandi iurisdictionem vt sumunt Petrus Paulus procul dubio donumest quod ab homine procedere non potest i. If Iurisdiction or gouernment be taken for the freely giuen grace of gouerning or administring Iurisdiction as Peter and Paul take it without doubt it is a gift which cannot proceed from man Wherefore when S. Paul willeth Timothie To stirre vp the grace which is giuen him it is to be expounded not onely of the grace of Order but of all Episcopall grace And S. Ambrose when hee saith God giueth the grace doeth vndoubtedly meane all Episcopall grace For who can giue any grace to the Pastours of the Church but onely the God of all grace which giueth Pastours to the Church and appointeth them to be rulers ouer his family To Salmeron we may adde Henr. Gandauensis affirming that Bishops haue their power both of Order and Iurisdiction immediatly from Christ As also Gottifredus de Fontibus and Iohannes de Poliaco all alleadged by Salmeron Whose opinions he controuleth without reason seeing before in effect he affirmed the same I will conclude this point with the Vniuersitie of Paris which ratified this position with a Decree and caused one Iohannes Sarazim a Frier to recant the contrary PHIL. If Iurisdiction be giuen in Consecration then it should be equall in all Bishops ORTHOD. The power it selfe is equall in all though the determination of the power which is from the Church be vnequall When a Bishop is translated to another See hee doeth not lose his former habituall power no more then the Sunne doeth lose his light when hee passeth to the other Hemisphere When a Bishop of a smaller Circuit is aduanced to a greater he getteth not a greater power but a larger subiect whereupon he may exercise his power And when a Bishop is deposed hee is not absolutely depriued of his power but the matter is taken away vpon which his power should worke This is confessed by Vargas to be the opinion of Alphonsus and others If it happen that a Bishop for any crime bee depriued of his Bishopricke then he shall bee depriued of his subiects vpon whom hee ought to exercise his power of Iurisdiction but hee shall not be depriued of the power of Iurisdiction it selfe receiued in his Consecration CHAP. II. Whether S. Peter were the onely fountaine vnder Christ of all Spirituall Iurisdiction PHIL. THe giuing of Iurisdiction must onely proceed from him that is the fountaine of all Spirituall Iurisdiction vnder Christ which is the Bishop of Rome or some Metropolitane or Bishop vnder him that hath authoritie and commission from him For the Church of God is like vnto a Citie which hath one onely fountaine from whence there issue diuers great floods which are branched out againe into sundry goodly streames whence the water is conueyed by pipes and conduits to serue the whole Citie This fountaine is the Bishop of Rome the great floods are the Patriarches Archbishops and Metropolitanes the streames are the rest of the Bishops the pipes and conduits are all those which deriue their Iurisdiction from the Bishops Now the Church of England was sometimes flourishing like the Paradice of God but since it was cut off from the liuely spring alas for woe it is like to a barren and forsaken wildernesse ORTHOD. The Church of England God be thanked is in such a case that all her friends haue cause to reioyce and all her enemies to gnash their teeth And as for the fountaine you speake of it is not a well of liuing water made by the King of heauen but a puddle or pit of poyson digged by the Prince of darkenesse The Bishop of Rome wee graunt hath of ancient time beene reuerently regarded and had though not a generall iurisdiction yet a large extent yea hee had precedencie of dignity and place before all other Bishops but this was onely by law humane because he was the Bishop of the Imperiall Citie but now hee is like a furious floud which ouerfloweth the bankes he will be no more confined with bounds and limits hee chalengeth a generallity of iurisdiction ouer the Christian world and that by law diuine PHIL. I Will proue That he is the fountaine of al spirituall iurisdiction by law diuine for Saint Peter was so and the Pope succeeded him in this right ORTHOD. There is more required to inferre this conclusion then al the Seminaries Iesuites in the world are able to performe but first how proue you that Peter was inuested in this right by law diuine PHIL. The Scripture is full of testimonies declaring both his lawfull authority and his due execution thereof his authority might appeare by many arguments but I will make choice of two which proue the point in question most directly the promise of the keyes the coÌ„mission of feeding the sheep To begin with the first Christ said to Peter I wil giue thee the keyes of the kingdom of heauen Christ gaue him not one keye only but 2. the key of knowledge the key of power by the key of knowledge he was able to open all Scriptures controuersies of religion The key of power is of order or of iurisdiction by the key of order he was able to ordaine Bishops and Pastours of the Church and againe to lock them out of the ministery by deposing degrading as occasion required by the key of iurisdiction hee might open and shut
deliuering the incestuous Corinthian vnto Satan by which in the iudgement of Hilarie Hierome and Anselmus followed by Bellarmine Baronius and others both of your side and ours is meant Excommunication And though some doe take it for a miraculous operation whereby the offendours were committed for a time to Satan to be tormented bodily yet they doe not deny that the Corinthian was Excommunicated Let vs therefore see by what authoritie this was done I verely saith S. Paul as absent in body but present in spirit haue determined already as though I were present that hee that hath so done this deed in the Name of our Lord Iesus Christ you being gathered together and my Spirit with you with the power of the Lord Iesus Christ be deliuered vnto Satan c. He saith not the Spirit of S. Peter but my Spirit So your visible head had neither hand nor foote in this action S. Paul acknowledgeth neither subordination to him nor deriuation of authoritie from him And as he had Iurisdiction so had Timothy and Titus to receiue accusations to command them not to teach any other doctrine or if they did to stop their mouthes All which places are to be expounded of iudiciall proceeding in the Consistory and argue a Iurisdiction in Titus and Timothy which so farre as we can learne they receiued from S. Paul and not from S. Peter Wherefore we conclude that S. Peter was not the onely fountaine vnder Christ of Spirituall iurisdiction by Law diuine but the 12. Apostles were 12. fountaines all equally deriued from Christ Iesus the Fountaine of fountaines But if Peter had any such prerogatiue by Law diuine what is that to the Pope CHAP. III. Whether the Pope succeed S. Peter in all his right by Law diuine PHIL. THe Pope is the successour of S. Peter therefore what power soeuer belonged to S. Peter belongeth to the Pope ORTHOD. Was not S. Peter an Apostle can there be succession in the Apostleship PHIL. Doctour Stapleton teacheth that of the Apostleship there is no succession ORTH. Why then do the Popes so adorne themselues with Apostolicke titles his See apostolicke his Legat Apostolicke his pardon Apostolicke his seale Apostolicke his Bull Apostolicke and all Apostolicke yea his office is an Apostleship causes must be heard by his Apostleship weighty matters must be reserued to his Apostleship and Bishops must visite the thresholds of the Apostles vnlesse they be dispensed withall by the Apostles that is by the Pope Yea the Rhemists affirme That certes the roome and dignity of the Pope is a continuall Apostleship And of late the Pope had a title giuen of the first Euangelist and of the 13. Apostle as is related and approued by Baronius But we hope that God wil raise such Angels in our Church as he was in the Church of Ephesus of whom it is written That he had tried them who say they are apostles and are not and had found them liars But if the Pope doe not succeed S. Peter in the Apostleship how is he then his successour PHIL. Not in that he was an Apostle but in that hee was the ordinarie Pastour of the whole Church ORTHOD. If not as an Apostle then the Pope succeedeth him not in all his right But haue not other Apostles successours as well as Peter PHIL. No For their authoritie was extraordinary his ordinary whereupon it followeth That theirs was temporary and died with their persons his perpetuall and liueth with his successours ORTHOD. This you say oft but proue neuer For the clearing whereof we must consider that in the Apostles some things were extraordinary some things ordinary They had 4. extraordinary prerogatiues immediate vocation by Christ himselfe vnlimited Commission ouer all Nations infallible direction both in preaching and writing and power to worke Miracles All which were necessary for the first planting of Churches but were not conueyed to posteritie by succession Other things they had which were necessary for the Church in all future ages in which they had successours They had power to minister the word and Sacraments wherein euery Presbyter succeedeth them They ordained Ministers executed censures and other things belonging to the gouernment of the Church wherein euery Bishop succeedeth them So in the latter the rest haue successours as well as Peter In the former as the rest had no successours so neither had Peter PHIL. Yes the Bishop of Rome succeedeth him in the gouernment of the whole world ORTHO You dare not say that this power in Peter was extraordinary for then it could not go by succession if it were ordinarie in Peter why not in the rest seeing as hath beene proued Christ gaue as ample commission in as ample words to the rest as to Peter But if wee should faigne that Peter had such Monarchicall iurisdiction by what law shall the Pope succeed him in it PHIL. The succession of the Bishop of Rome into the Popedome of Peter is of Christs institution and therefore by Law diuine ORTHOD. Of Christs institution where or when if you alleadge these words feed my sheepe they were spoken onely to Peter yet so that the substance of the precept was not proper to him but common to all And if wee should imagine that Christ did institute a monarchy personally in Peter how commeth it to be locall This certainely cannot be Christs institution because he nameth no place PHIL. It was in Peters power neuer to haue chosen to himselfe any particular See but to haue continued as he did the first fiue yeeres And then after his death neither the Bishop of Rome nor the Bishop of Antioch had succeeded but hee whom the Church had chosen ORTHOD. Then you make it locall by Peters choise and not by Law diuine and if it be local is it tied to the Bishop of Rome by Law diuine PHIL. Was not Saint Peter Bishop of Rome ORTHOD. So men say but can you proue it by Law diuine PHIL. Will you deny a History so famously recorded by Eusebius and other ancient authors ORTH. Not I but now you ground vpon humane history and not vpon Law diuine And as the histories say that he was Bishop of Rome so they say he was Bishop of Antioch before he was Bishop of Rome PHIL. It was in his power to haue continued at Antioch and then without doubt the Bishop of Antioch had beene his successor but because he translated his chaire fixed it at Rome there died thence it comes to passe that the Bish. of Rome succeedeth him ORTH. If the succession depend vpon the fixing of Saint Peters chaire at Rome what shal be said of those Popes which kept at Auinion in France and neuer came at Rome Moreouer this is to build vpon the fact of Saint Peter and not vpon Law diuine PHIL. It is not improbable that the Lord did expresly commaund that Peter should so fix his seat
at Rome that the Romane Bishop might absolutely succeed him ORT. This is your owne coniecture and not Law diuine PHIL. Pope Marcellus saith that Peter came to Rome iubente Domino the Lord so commaunding ORTH. This is your owne tradition and not Law diuine And as your succession so your monarchicall iurisdiction cannot be proued to be by Law diuine This was well knowne to the Fathers of the first generall councell who confined the Bishop of Rome as well as the Bishop of Alexandria ascribing his patriarchical power vnto custome not to Law diuine This was likewise knowne to the Fathers of the second and fourth generall councels who ascribe the preheminence of the Bishop of Rome to the honour of the Imperiall City for so the Fathers of the fourth councell interpret the second and affirme it themselues Antiquae Romae throno quòd vrbs illa imperaret iure patres priuilegia tribuere eadem consideratione moti 150. Dei amantissimi Episcopi sanctissimo nouae Romae throno aequalia priuilegia tribuêre rectè iudicantes vrbem quae imperio senatu honorata sit aequalibus cum antiquissima regina Roma priuilegijs fruatur etiam in Rebus Ecclesiasticis non secus ac illam extolli ac magnifieri secundam post illam existentem The Fathers did rightly giue priuiledges to the throne of old Rome because the City then raigned and the 150. Bishops most earnest louers of God assembled in the second generall councell which was the first at Constantinople mouedâ—y the same consideration gaue equall priuileges to the most holy throne of new Rome rightly iudging that the City which was honoured both by the Empire and the Senate and enioyeth equall priuileges with Rome the most ancient Queene of Cities should bee extolled and magnified euen in things Ecclesiasticall no otherwise then Rome being the second in order after it Thus they hold the iurisdiction of the Bishop of Rome to bee not Monarchicall because they giue equall priuileges to Constantinople but Patriarchicall which they referre not to the Institution of Christ nor to Peters fact nor to the succession in Peters chaire but to the honour of the Imperiall City in that it was Imperiall therefore as Binius confesseth they hold it to be by Law humane and not diuine PHIL. Baronius Bellarmine and Binius doe tell you that this Canon was not confirmed by Pope Leo. ORTHO Eusebius Bishop of Doryleum did testifie the contrarie openly in the councell in these words Sponte subscripsi quoniam hanc regulam sanctissimo Papae in vrbe Româ relegi praesentibus clericis Constantinopolitanis eamque suscepit i. I haue subscribed willingly because I read ouer euen this Canon to the most holy Pope in the City of Rome in the presence of the Clerkes of Constantinople and hee embraced it But let vs imagine that hee did not embrace it yet I referre this point to any indifferent iudge whether wee should rather beleeue sixe hundred Bishops and vpward speaking vprightly what they thinke and grounding their iudgement vpon the decrees of former generall councels then one man with a few flattering fauorites speaking partially in his owne cause PHIL. This Canon was not made by the councel but Anatolius with the Easterne Bishops made it secretly and by stealth after the Iudges and the Popes Legate were gone out of the Councell ORTHOD. The Church of Constantinople beeing desirous to propose this matter Entreated the Popes Legats to communicate with them in the handling of it who refused because the Pope had giuen charge to the contrary then they made relation of it to the Iudges who commaunded the holy councell then present to looke into it which they did accordingly therefore though it pleased the Iudges to depart yet the councell proceeded by authority from the Iudges And the Popes Legats might haue staied if it had pleased themselues Moreouer The Decrees were read at the next meeting openly in the councell before the iudges who ratified them by their sentence and all the councell cried and redoubled againe and againe that the sentence was iust PHIL. The Popes Legats interposed a contradiction affirming that the Apostolike See ought not to be debased ORTHOD. The Iudges notwithstanding would not relent but concluded the whole businesse thus Tota Synodus approbauit i. The whole Synod hath approuedit wherefore it was the iudgement of the whole Synod that the Popes iurisdiction is not by Law diuine CHAP. IIII. Of the Election of Bishops in the primitiue Church before there were any Christian Princes PHIL. IF wee consider the practise of the Christian world in primitiue antiquitie which was nearest to the fountaine and knew best the meaning of Law Diuine wee shall finde that they were either elected or at least confirmed by the Pope or by authoritie from the Pope either expresly or by his permission or conniuencie and so receiued their iurisdiction ORTHOD. To examine these points in order let vs begin with the election of Ministers concerning which we find three varieties in the new Testament The first by lots the second by voyces the third by the spirit of prophesie Matthias was chosen by lots the Deacons by voyces Timothy and others by the spirit of prophesie For as Chrysostome saith In those dayes the pastours were made by prophesie what is by prophecie by the holy Ghost as Saul was shewed by prophecie when hee lay hid among the stuffe as the holy Ghost said separate vnto me Paul and Barnabas so was Timothie chosen Theodoret thou hast not thy calling from men but thou receiuedst that order by diuine reuelation Oecumenius by reuelation of the spirit Timothy was chosen of Paul to bee a Disciple and ordained a Bishop This kind of election seemeth to bee vsuall in the Apostles times and to haue continued so long as the gift of prophecie and discerning of spirits remained Now of these three the first and third were by God himselfe the second by all the faithfull This is all wee finde in Scripture yet here is no precept but onely example Wherefore it seemeth that the Lord hath left this point as a thing indifferent to bee ordered by the discretion of the Church so all things be done honestly and in order From the Scripture if wee come to the ages following they referred it to the Clergie and people PHIL. To the Clergy I grant by the conniuencie of the Pope but in the Councell of Laodicea elections of B. are forbidden to be made by the people ORTH. The Councell in that place nameth Priestes not Bishops and if vnder the name of Priestes you comprehend Bishops yet you must consider that it being onely prouinciall could not impose lawes to the whole Christian world That Bishops were chosen by popular elections after this Councell may appeare by the great Nicen Councell assembled as Baronius thinketh six yeeres after the Councell of
Symonists These things said Aegidius Hispanus the Cardinall and others whose conscience did touch them gaue councell to the Pope that he should wincke and dissemble the matter lest some tumult should be raised vpon this occasion especially because it is wel knowne that once there shal a departure come The same Robert lying vpon his death-bed sighing said thus Christ came into the world to gaine soules therefore if any man be not afraid to destroy soules is not he worthily called Antichrist The Lord in 6. dayes made the whole world but he laboured more then 30 yeeres to repaire man Is not therefore this destroyer of soules worthy to be iudged an enemy of God and an Antichrist The Pope blusheth not impudently to disanull the priuiledges of former Popes his predecessors by this barre Non obstante which is not done without their preiudice and manifest iniurie for so he pulls downe that which so great and so many Saints haue builded Behold the contempt of Saints therefore the contemner shall iustly be contemned according to that of Esay Woe to thee which despisest shalt thou not be despised who will obserue his priuiledges The Pope answering doth thus defend his errour An equall hath no authority ouer an equall therefore a Pope cannot binde me being a Pope c. And againe Although many other Apostolicke men haue afflicted the Church yet hee hath compeld it to be in bondage more grieuously then others and hath multiplied inconueniences For the Caursini being manifest Vsurers which the holy Fathers and our doctors haue driuen out of France this Pope hath raised vp and protected in England and if any speake against them he is tired out with losses and labours Witnes Roger B. of London The world knoweth that Vsury is accounted detestable in both Testaments and is forbidden of God but now the Merchants of my L. the Pope do practise Vsury openly at London they contriue diuers grieuances against Ecclesiasticall and Religious persons forcing poore men to lye and to set their Seales to lying writings As for example I receiue so many marks by yeere for an 100. pound and am forced to make a writing and sealè it in which I confesse my selfe to haue receiued an 100. pound to be payed at the yeeres end And if peraduenture thou wouldest pay the Popes Vsurer the principall againe within a moneth or fewer dayes he will not receiue it vnlesse thou wilt pay the whole hundred pound Which condition is heauier then any which is required of the Iewes for whensoeuer thou shalt bring a Iew his principall he will take it kindly with so much gaine as is answerable to the time c. And againe We haue seene one of the Popes Letters wherein this clause was inserted That such as made their Testaments or caried the Crosse or yeelded ayde to the Holy-land should receiue so much pardon for their sinnes as they gaue money And wee know our lord the Pope wrote vnto the Abbot of S. Albans that he should prouide for a certaine man called Iohn de Camezana in a competent benefice and shortly prouision was made in a Church worth fortie marks by the yeere but he not content therewithall complained vnto the Pope who wrote to the same Abbot to prouide more bountifully for him and yet the Pope reserued the donation of the former benefice vnto him selfe And to passe ouer other things the Pope graunted for secular fauour that one may obtaine a Bishoprick and not bee a Bishop but an euerlasting elect which is as much to say as that he should receiue the milk and the wooll of the sheepe and yet not driue away the wolues Mathew Paris telleth how this Bishop Robert Grosthead hated all kind of Enormities to wit all kind of Couetousnesse al Vsury Symony and Rapine all kinde of Riot Lust Gluttony and Pride which so raigned in that Court that this iudgement was iustly giuen of it Eius auaritiae totus non sufficit orbis Eius Luxuriae meretrix non sufficit omnis And being at the point of death hee indeauored to prosecute how the Court of Rome hoping That mony would flow like the riuer Iordane into their mouth gaped wide that they might get vnto themselues the goods both of those that died intestate and also those that died testate how that they might do it the more licentiously they made the King their consort in the rapines neither shall the Church saith he be deliuered from this Egyptian bondage but in the edge of the bloudy sword but verily these things are light but shortly that is within three yeeres there shall come more grieuous In the end of this propheticall speech which hee could scarcely vtter for sighs teares and groanes bursting out his tongue faultred his breath failed and the organes of speech decaying imposed silence Mathew Paris concluding the yeere 1255. saith This yeere passed away to the Church of Rome and the papall Court if one doe respect the deuotion of the people most venemous for the deuotion which Prelates and people vsed to haue towards our mother the Church of Rome and to our Father and Pastour to wit our Lord the Pope gaue vp the ghost for although that Court had many times drawne bloud of Christs faithfull people yet it neuer wounded them all and euery one so deadly as this yeere and the yeere following Anno 1256. Rustandus the Popes Nuntio the kings proctor woud haue the Bishops to set their hands to a bill and confesse that they had receiued no smal sum of money of the Italian Merchants conuerted to the good of their Churches which all men knew to be manifestly false Whereupon they affirmed and not without reason that To die in this cause were a more manifest way of Martyrdome then it was in the case of Saint Thomas the Martyr The same yeere Certaine Abbeyes in England were bound ouer for the payment of two thousand ounces of gold to the Papes Merchants Anno 1259 Sewalus Archbishop of Yorke lying vpon his death bed lifting his hands and countenance to heauen with teares said thus Lord Iesus Christ of Iudges most iust thy infallible iudgement knoweth how manifouldly the Pope whom thou hast suffered to be set ouer thy Church to gouerne it hath wearied mine Innocency for this cause as God knoweth and the world is not ignorant that I would not admit to the gouernment of Churches which thou hast committed to mee though vnworthy such as were altogether vnmeete vnknowne Notwithstanding least the Popes sentence although in it selfe vniust should be made iust by my contempt I being intangled with such bands that is papall censures doe humbly desire to bee absolued But I appeale to the Pope himselfe before the high and incorruptible Iudge and heauen and earth shal be my witnesses how vniustly hee hath assaulted mee and how oft he did scandalize and prouoke me Thus in the bitternesse of his soule hee wrote vnto the Pope prouoked by
whole Ecclesiasticall order the 2. a desolation of their country the 3. the impouerishing of the kingdome by wasting their treasure the 4. the ruine and subuersion of Churches The consideration of which things so preuailed with the King that Pope Pius was disapointed of his purpose PHIL. That which Pius could not performe in the daies of Lewis videlicet that the pragmaticall Sanction should be taken cleane away was afterward effected by Leo the 10. in the reigne of King Francis the first therefore in the councell of Lateran the pragmaticall Sanction was abrogated by a publique Decree ORTH. King Francis to vse the words of Duarenus made choice rather to serue the stage and the time with his owne profit as hee himselfe confesseth and remit somewhat of the publique right then to striue so oft with the Popes about this Helena especially seeing he perceiued that some danger from them did hang ouer his head Yet for al this the Sanction cannot be said to bee cleane taken away For the vniuersity of Paris did interpose an appeale to the next general councell which appeale stood with iustice equity for 3. reasons first because the fact of the king was not voluntary but by compulsion Secondly because the Parisians whom it must concerned were neither called nor heard Thirdly because there is no reason that the councell of Lateran and constitution of Leo should derogate from the authority of the councel of Basil. And if we should suppose that it did not onelie derogate from it but also abrogate it yet the verie constitution of Pope Leo yeeldeth to the King the power of nomination in these wordes VVhen a Cathedrall or Metropoliticall Church is vacant let not the Bishoppe bee chosen by the Colledge of Canons but let the King within sixe monethes offer and nominate a graue and fit man to the Pope Thus it is euident that the French Kings retained their right and authoritie in making of Bishoppes euer since their first embracing of the Christian faith And had they this by the indulgence of the Pope Let the Councell of Basill be witnesse let Charles the seuenth bee witnesse let the Court of Paris bee witnesse yea let King Francis himselfe who confessed that when hee went against the sanction hee remitted of the publique right be witnesse And thus much for France CHAP. XII Of the Election of the Bishops of England PHILOD COncerning England King Henry the first did pretend to challenge Inuestitures as vsed by his father and brother before him whereof yet notwithstanding wee finde no expresse proofe or example in any of our histories that they vsed them much lesse that they were lawfully granted vnto them ORTHOD. I will prooue both that they vsed them and that they vsed them lawfully That his brother William Rufus vsed them may appeare by William of Malmesbury who declareth that the King being sicke made mention of the Archbishopricke of Canterbury which was then voide and willed the Bishops to consider of it who answered that whom the King should thinke worthy they all would accept willingly Itaille cubito se attollens hunc ait sanctum virum Anselmum eligo ingenti subsecuto fragore fauentium so he raising himselfe vp vpon his elbowe saide I elect this holy man Anselmus whereupon followed a great applause Now that Bishoprickes in those dayes were giuen by deliuering of a ring and a staffe may appeare by Rafe Bishop of the South Saxons who being threatened by the same King baculum protendit annulum exuit vt si vellet acciperet held out his Crosier put off his ring that the King might take them if hee would intending thereby to resigne his Bishoprick That William the Conquerour vsed the like authoritie is also manifest by the same authour saying Nondum ille efflauerat cum a Gulielmo Rege Lanfrancus Cadomensis Abbas ad Archiepiscopatum electus est Stigandus had not yet breathed out his Ghost when Lanfranck Abbot of Saint Steuens in Cane was elected by King William the Conquerour to the Archbishoprick The like may be shewed before the Conquest where by the way let me tell you that wee stand not so much vpon the ring and the staffe as vpon the thing it selfe that is the Princes power and authoritie for which I will produce some examples as it were a few clusters of a great vintage beginning with Edward the Confessour of whom Malmsbury faith Rex Robertum quem ex Monacho Gemiticensi Londoniae fecerat Episcopum Archiepiscopum creauit the King Edward the Confessour created Robert Archbishop whom before of a Monke he had made Bishop of London And before that King Alfred made Asserio Bishop of Shierburne and Denewulfus Bishop of Winchester and more then two hundred yeeres before that Edelwalke King of the South Saxons promoted Wilfrid to an Episcopall See Thus it is euident that as in other Kingdomes so in England Inuestitures were anciently practised by Princes Wherefore King Henrie the first might haue challenged them not onely as vsed by his father and brother but also as the ancient custome of the Kingdome in the time of the Saxons Wherein onely this was the difference that in ancient time Princes vsed them without contradiction but now the Popes perceiuing that if Princes should haue the bestowing of them after the olde custome it would abate that power to which they themselues aspired beganne to spurne excommunicating both the giuers and takers This was done in the fifth and seuenth Romane Councels vnder Gregory the seuenth but Pope Vrban went further decreeing that not onely the giuers and takers but also all such as consecrated any man so promoted should bee excommunicate At this Councell Anselmus was present by whose aduise and perswasion the decree was made Whereupon when after the death of William Rufus King Henry the first not knowing of this decree much lesse imagining that it was concluded by the meanes of Anselmus had called him home hee well rewarded the kindnesse of so gracious a Prince for first hee would not bee induced to doe his homage to his Lord and Soueraigne was not this a good subiect did hee not well deserue to be canonized for a Saint then he refused to consecrate those whom the King did inuest to Bishoprickes by a staffe and a ring so the King commanded Gerard Archbishop of Yorke to performe that office as Malmsbury Matthew Paris and Roger Houeden doe testifie PHIL. But what followeth in the same authours William Gifford Elect of Winchester refused to receiue Consecration from him and was therefore by the king banished the land Rinelmus Elect of Hereford resigned his Bishopricke into the kings hands being troubled in conscience because hee receiued inuestiture from a lay Prince by occasion of which broiles the rest to whom the king had giuen inuestitures remained vnconsecrated ORTHOD. Whose fault was that not the kings who required no more then was confirmed