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A09061 An ansvvere to the fifth part of Reportes lately set forth by Syr Edvvard Cooke Knight, the Kinges Attorney generall Concerning the ancient & moderne municipall lawes of England, vvhich do apperteyne to spirituall power & iurisdiction. By occasion vvherof, & of the principall question set dovvne in the sequent page, there is laid forth an euident, plaine, & perspicuous demonstration of the continuance of Catholicke religion in England, from our first Kings christened, vnto these dayes. By a Catholicke deuyne. Parsons, Robert, 1546-1610. 1606 (1606) STC 19352; ESTC S114058 393,956 513

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Church and such as had cheife spirituall authoritie therin from time to time of whome Christ meant when he said Dic Ecclesiae denounce it to the Church and againe If he heare not the Church let him be to thee as a heathen or publican so in like manner must we say in these daies nor haue we any other reasonable answere why we beleeue any one booke of the new or old Testament to be scripture that is to saie to containe doctrine of the holie ghost and not of man but for that the gouernours of our Church which haue spirituall power among vs doe tell vs so 4. Yea all Sectaries likewise of what sorte or sect soeuer are forced to follow the same rule for that whatsoeuer they admit to be scripture they admit the same either vpon the credit of our Church and gouernours therof or of their owne or of both but especially indeed of their owne which is seen by their doubting or reiecting of any parcels of scripture doubted of or reiected by their owne leaders though admitted by ours As for example the booke of vvisedome of Toby Iudith Ecclesiasticus the first and second of Machabees and other parcels of the old Testament reiected by Luther and Lutherans as also the Epistle of S. Iames the second and third of S. Peter the Apocalips and other peeces of the new testament which our Church admitteth simply But Caluin and Caluinists though expreslie they reiect them not with the Lutherans as appeareth by our English Church where they are left to stand in the Bible yet is their admission so could and conditionall as it may rather seeme a curteous dimission then any way a faithfull or confident acceptation 5. And the same may be said of any other particular point or points of doctrine of any Religion or sect whatsoeuer the leaders or gouernours that are presumed to haue cheife authoritie must iudge and discerne distinguish expound and determine what is to be beleued or not what is to be held and taught or reiected and finallie what is to be done and practised what Sacraments what Ceremonies what Customes are to be vsed hovv where and when And last of all this second part of power and authoritie rule order gouerment and iurisdiction is that which giueth light direction and life to euerie religion And for so much as there can be but one true that can bring vs to saluation it followeth that whersoeuer this true spirituall power and iurisdiction is found there is the onlie true religion also which a man may securelie follow yea that vnder paine of eternall damnation he is bound to follow for that this authoritie will lead him to life euerlasting Christ hauing giuen the keies of heauen thervnto that is to say full power to shut and open heauen by binding or loosing sinnes vpon earth and that in such sort saith S. Chrysostome and all other ancient Fathers with him that the Courte or Tribunall of heauen standeth expecting vvhat is done vpon earth to confirme the same there for so much as euer since this admirable vniuersall and dreadfull authoritie was giuen say they by Christ vpon earth vnto the Gouernours of his Church nothing is done in that Court of heauen but by presidence and predetermination of that which is done or sentenced in the Tribunall of the militant Church on earth that is to say he that is here absolued is absolued there he that is here condemned is condemned there without remission VVherof also the said Fathers do inferre that to find out this authoritie and to follow the same and the direction therof is the only sure way to saluation And that the erring herin either wilfully or of ignorance is the most certaine path to damnation for that by no other ordinary means since this Commission giuen and authoritie instituted among Christians is any grace fauour pardon light direction or other spirituall benefit to be receiued from God but by way of this subordination of spirituall authoritie appointed in his Church 6. VVherfore al hope of life depēding as you see of this soueraigne point so as whosoeuer erreth in this erreth in al ech man wil easilie cōsider how much it importeth him to looke well thervnto and to stand attentiue and vigilant in the discussion therof to see whence and how and by what means and from what sourge and fountaine this authoritie and spirituall Iurisdiction is deriued In which point the three professors of different religions before mentioned doe principally differ and distinguish themselues The Protestāt deducing this spiritual power from the temporall Prince or rather Princesse vnder Q. Elizabeth The Puritane from the people The Catholicke from the succession of Bishops from Christs time downe wards and especially from the highest which they hold to be S. Peter and his successours And which part soeuer of these three hitteth right goeth happely securelie the other two doe run to euerlasting perditiō 7. The Protestant for his ground hath those sayings of scripture That all orderly authoritie is from God That vve must giue to Cesar that vvhich is Cesars That Princes are to be honoured and obeyed for God and Kings as highest in dignitie and that he vvhich resisteth lavvfull authoritie resisteth Gods ordination and therby incurreth damnation c. All which the other two parties granting doe affirme to haue byn vnderstood of temporall authoritie only for gouerning the Commonwealth and not of spirituall for gouerning of soules which they proue for that all Kings and Princes were then infidels and especially the Roman Emperours of whom this was principally meant who by these places of scriptures cannot be said to haue receiued Commission to gouerne the Christian Church which was in their times and vnder their dominions but onlie in temporall matters and Ciuill affaires And that the spirituall power and iurisdiction wherof we talke was at that time in another sorte of men to wit in the Apostles and their successours which were Bishops according to the testimonie of S. Paul in the Acts of the Apostles speaking vnto them and saying The holie Ghost hath placed you Bishops to gouerne his Church vvhich he hath purchased vvith his ovvne bloud 8. The Puritanes or rigid Caluinists haue for their ground certaine elections made by the people and recorded as well in the Acts of the Apostles as in other histories of the Primitiue Church as for example when they chose two in the place of Iudas to wit Ioseph and Matthias to bee determined by lot which of them should be And when afterward they chose S. Stephen six others to supply the place of Deacons many times afterward in the primitiue Church we read that the people did choose or name their Bishops But to this the other two parties doe answere that in the first two examples out of the Acts of the Apostles it is euident by the Text that those elections or nominations
Iurisdiction be of Gods institution also and duelie to be honoured in his Church and Christian common wealth as before wee haue shewed yet doe they teach the same to be far otherwise deriued and receiued from God then is Spirituall Power that is to saie not immediatlie by Gods owne deliuerie therof but mediatlie rather to witt by meditation of the law of nature and nations For by the law of nature God ●ath ordeined that there should be politicall gouernment for that otherwise no multitude could be preserued which the law of nations assuming hath transferred that gouernment vnto one or more according to the particular formes therof as Monarchie Aristocracy or Democracy or mixt wherin is to be noted that the ordination of God by the law of nature doth giue politicall Power vnto the multitude immediately and by them mediately to one or more as hath been said But Spirituall Power Christ gaue immediatly and by himself to the Apostles and their Successors by these words whatsoeuer you shall bind vpon earth the same s●all be bound in heauen And whatsoeuer you shall loose one earth shall be loosed in heauen Wherby you se a generall large commission graunted to them of binding loosing Quaecunque whatsoeuer without exception And the like to S. Peter as head and chiefe by speciall power and commission of those words Pasce oues meas Pasce agnos meos Feed my sheep feed my lambs thryse repeated signifying therby the Preheminence and Primacy of his Pastorall Authoritie in Gods Church as the auncient Fathers haue allwayes vnderstood the same For that to the office of Supreame feedinge is required also all other authoritie necessarie to gouerne direct commaund restraine and punish in like manner when need requireth 8. About which point is to be obserued and considered attent●uelie say Catholike Deuines and most learned lawyers that when God almightie giueth any office he giueth also sufficient Power and Authoritie euery way to execute that office as when he giueth the office of a King or temporal Magistrate for good of the Common-wealth he giueth Authoritie therwith not onlie to direct command and instruct but to punish and compell also yea and to extirpate and cut of those when need is that are rebellions or otherwise deserue that punishment And the like is to be obserued in Spirituall Power and Iurisdiction according to which the Ciuil law saith Cui Iurisdictio data est ea quoque concessa esse intelliguntur sine quibus Iurisdictio expleri non potuit To whosoeuer iurisdiction is giuen to him also must we vnderstand to be graunted all those thinges without which his Iurisdiction cannot be fulfilled And the Canon law to the same effect Iurisdictio nullius videretur esse momenti si coërcionem aliquam non haberet Iurisdiction would seeme to be of no moment if it had not some power to compell And finally it is a general rule giuen in the said Canon law that when anie cause is committed to anie man he is vnderstood to receiue also ful authoritie in al matters belonging to that cause 9. Out of all which is deduced that for so much as Christ our Sauiour God and Man hauing purchased to him felfe by the price of his owne blood a most deerlie beloued Church and committed the same as S. Paul saith to be gouerned by his Apostles and Bishops their successours vnto the worlds end it must needs follow that he hath indowed the same Church with sufficient spirituall Authoritie both directiue and coactiue to that end for gouerning our soules no lesse than he hath done the temporal Cōmonwealth for affaires of the body Nay much more by how much greater the importance is of the one than of the other as before hath been said 10. If you aske me yet more particularlie where and how by what commission and to whom Christ our Sauiour left this high Spiritual Power in his Church what it is and wherin it consisteth I answere first to the last that it consisteth as often hath been said in guiding our soules in this world to euerlasting saluation in the next Which thinge for that principallie it dependeth of this that we auoide sinnes in this life or if we committ them that they be pardoned vs or corrected by this Power Christ our Sauiour doth most aptlie giue and describe the same Power by the words of binding or loosing sinnes And therefore in the foresaid place alleadged out of S. Matthew his Ghospel he giueth the said commission as you haue heard VVhatsoeuer you shal binde or loose vpon earth shal be bound or loosed in heauen Wherby the Church of God hath allwaies vnderstood full authoritie of Iudicature to haue been giuen to the Apostles and their successors to discerne iudge binde or loose in all things belonging to this end of directing soules 11. Truth it is that diuers learned deuines are of opinion that in these places Christ did but promise to his Apostles to giue them this high iudiciall authoritie in his Church when by his death and resurrection it should be founded And that the actuall performance of this promise was made vnto them in the 20. if S. Iohns ghospell where Christ said vnto them Sicut misit me pater ego mitto vos As my father sent me so I doe send you and then presentlie breathing vpon then he addeth Receiue the Holie-ghost whose sinnes you shall forgiue they are forgiuen vnto them and whose you shal retaine they are retained Where we se that Christ speaketh now in the present tense they are forgiuen and they are retained and not in the future as before in the place of S. Matthew his ghospell And we must note that those words of our Sauiour As my father sent mee so I doe send you are vnderstood by auncient Doctors of Authoritie as though he had said that with the same power authoritie that my father sent mee into this world to gather gouerne my Church I doe also send you that is to saie withall spirituall power necessarie to your office and charge both on earth and in heanen And therfore he saith in S. Matthew his Ghospell That whatsoeuer they shall binde or loose vpon earth which are the Acts of high iudges shall be loosed or bound in heauen 12. And to S. Peter in like manner as Cheif of the rest the promise of his Supreame and singular power besides the other which out of the former general commission he receiued with the rest of the Apostles was made vnto him first in S. Matthews ghospell when Christ said Thou art Peter which signifieth a stone or rocke and vpon this rock will I build my Church and will giue vnto thee the keies of the Kingdome of heauen c. Which he perfourmed afterward in the 21. chapter of S. Iohn after his resurrection when asking him three times of his loue towards him he as manie times gaue him cōmission of high-pastor ouer
OF THE CONTROVERSY Discussed throughout this vvorks WHat is in the 〈…〉 in the 〈◊〉 yeare of 〈…〉 there is giuen 〈…〉 power and 〈…〉 as by any 〈…〉 hath 〈…〉 may lavvfully bee 〈…〉 did assigne 〈…〉 great Seale of England 〈…〉 diction whatsoeuer vvhich ●● any manner ●pirituall 〈…〉 Authority or Iurisdiction can or may lavvfully be vsed to correct and 〈◊〉 errors heresies schismes abuses c. The question is Whether this authority and spirituall 〈…〉 to the ancient lawes of England in former times 〈…〉 were a Statute not introductory 〈…〉 lavv 〈…〉 only of an old so as if the said Act had neuer 〈◊〉 made yet the 〈…〉 that authority and might haue giuen it to others as 〈…〉 holdeth the affirmatiue part and the Catholicke 〈…〉 TO THE RIGHT VVORSHIPFVLL SYR EDVVARD COOKE KNIGHT His Maiesties Attorney generall SYR I had no sooner taken a sight of your last Booke entituled The fifth Part of Reportes vvhich vvas some number of monethes after the publication therof in England but there entred vvith the reading a certaine appetite of ansvvering the same and this vpon different motiues as vvell in regarde of your person and place abilitie and other circumstances depending theron as also of the subiect and argument it selfe vvhich yovv handled and manner held in handling therof to ●he greatest preiudice vvrong and disgrace of Catholickes and Catholicke religion that you could deuise And first in your person and place I considered your facultie and profession of the common lavves of our Realme your long standing and speciall preferment therin your experience and iudgemēt gathered thereby your estimation and credit in the Common-vvealth and your authority honour and riches ensuing thervpon all vvhich drevv me to the greater consideration of your Booke but principally your said profession of our Common temporall Municipall lawes vvhich science aboue all other next to Diuinitie it selfe doth confirme and conuince vnto the vnderstanding of an English-man the truth of the Catholicke Roman religion For so much as from our very first Christian Kings Queenes vvhich must nedes be the origen and beginning of all Christian common lavves in England vnto the raigne of King Henry the eight for the space of more then nyne hundred yeares all our Princes and people being of one and the selfe same Catholicke Roman religiō their lavves must needes be presumed to haue byn conforme to their sense and iudgment in that behalfe and our lavvyers to the lavves so as novv to see an English temporall lavvyer to come forth and impugne the said Catholicke religion by the antiquity of his Common-lavves throughout the tymes and raignes of the said Kings in fauour of Protestāts Lutheranes Caluinistes or other professors not knovvne in those dayes is as great a nouelty and vvonder as to see a Philosopher brought vp in Aristotles schole to impugne Aristotle by Aristotles learning in fauour of Petrus Ramus or any other such nevv aduersary or lately borne Antagonist Or as to behold an ancient Phisitian trayned vp in Galens tents to fight against Galen and Galenistes out of their ovvne bul-vvarkes or fortresses yea and this in ayde of Paracelsians or any other fresh crevv of Alchimian doctors vvhatsoeuer 3. This first consideration then of your person place and profession did inuyte me strongly to come and see vvhat you said in this behalfe but no lesse did the argumēt or subiect of your booke togeather vvith your māner of treating the same of vvhich tvvo points I shall speake seuerally for that they haue seuerall ponderations all in my opinion both important rare and singular For vvhat more important matter can be thought of among Christiās then to treat of Spirituall Power Ecclesiasticall Authority being the kinges bench of Christ on earth the table of his scepter the tribunall of his dominion iurisdiction vvhereof dependeth the vvhole direction of soules the remission of our sinnes the efficacy of his Sacraments the lavvfulnes of all priesthoode and ministery the gouernment of the vvhole Church and finally the vigour frute effect of all Christian religion This is the importance of your argument M. Attorney and consider I pray you vvhether it standeth vs not much in hand to be attentiue vvhat you say and hovv substantially you pleade in this matter 4. And as for the other tvvo circumstances of rarenes and singularity vvhere may they more be seene then in this so vveighty a case conteyning the vvhole povver of the sonne of God both in heauen and earth for so much as belongeth to remission of sinnes and gouernement of his earthly inheritance vvhich is heere handled and ouer-ruled by a temporall lavvyer and by him giuen to a temporall Lady and Queene and this not only by force of a temporall Statute made in Parlamēt to that effect the first yeare of her raigne vvhereby Ecclesiasticall Supremacy vvas ascribed vnto her but by the very vigour of her temporall crovvne it self vvithout any such Statute and by vertue of the ancient pretended Common-lavves of our Realme vvhich Common-lavves being made receaued introduced and established by Catholicke Kings and Queenes as hath byn said maketh the matter so strange and rare the vvonder admiration so great as neuer paradox perhaps in the vvorld seemed more rare singular in the eyes of Philosophers then this in the iudgement of learned Deuines And vvho then vvould not be allured vvith this singular nouelty to search somvvhat after the depth of so nevv deuised a mystery 5. After this ensueth as considerable your methode manner of handling this subiect vvhich to me seemeth nothing vulgar and consequently to you and 〈…〉 particularit●es 〈…〉 ‑ cero That yo● 〈…〉 uersies and 〈…〉 forth All that 〈…〉 gr●●e rep●●●●● 〈…〉 your side 〈…〉 vse your 〈…〉 the truth for 〈…〉 modesty and 〈…〉 7. All th●●●●hin 〈…〉 encourage 〈…〉 reuievv o● 〈…〉 hope to my 〈…〉 modesty and 〈…〉 so much comm 〈…〉 ued and inten●●● 〈…〉 cleere face 〈…〉 in your 〈…〉 you vvill doe 〈…〉 ‑ cile cedes 〈…〉 your self ●● the 〈…〉 animo dig●●●●● 〈…〉 se sua spo●te 〈…〉 in deed to confess●● 〈…〉 fortitude but 〈…〉 ner goeth grea● 〈…〉 soules neuer-dying 〈…〉 ●e accompted our highest interest for that the ●uestion novv in hand betvveene you and me ●ōcerneth the same most neerly as in the sequent ●reface vvill more largelie appeare ● Novv only I am to say promise also on my ●ehalfe that I meane to proceed in the prosecu●ion of this vvorke according to your foresaid ●rescriptions of truth temperance modesty and vr●anity and this both in center and circumference ●s neere as I can and if necessity at anie time or ●pon anie occasion shall enforce me to be more earnest it shall be rather in the matter it self then against the man I meane your self vvhose person and place I shall alvvaies haue in devv regard though I may not omit to tell you that in some partes of your booke especially tovvardes the end
though more fitlie the same might haue byn shewed out of many Christian authors of more authoritie that this heathen Yet let M. Attorney ioyne issue with me vpon antiquitie in this our controuersie which he ought to doe as well in regard of this sentence as also for that euery where he iterateth the name and sound of the ancient and most ancient Common-lawes of England and then will the matter be quicklie decided as the proofe will afterward declare whervnto I remit me and doe end my answere to M. Attorneys Preface returning him his freindlie Farewell as also to the Reader OF THE STATE OF THE QVESTION IN GENERALL Concerning Spirituall and Temporall Povver and Iurisdiction their origen and subordination one to the other And how they stand togeather in a Christian Common-wealth CHAP. II. TO the end that the prosecution and issue of the particular controuersie we haue in hand about the Spirituall authoritie of Q. Elizabeth may be more cleere it shall not be a misse perhapes in this very beginning to set downe breiflie what Catholike Deuines and other learned men doe write and holde of Power and Iurisdiction in generall and of the origen ofspring author diuision and partes therof wherin M. Attorney is wholie silent vsing no explication or distinction at all and consequently giueth occasion therby to some confusion 2. First then our Deuines affirme that almighty God is author of all lawfull Power whatsoeuer both spirituall and temporall according to that generall proposition of S. Paul Non est potestas nisi à Deo There is no power but from God For that as it pleased his diuine maiestie to imparte with man other sparkes of his excellencyes as wisdome reason knowledge prouidence and the like so vouchsafed he also to make man partaker of his power and authoritie not only to gouerne all other creatures of his in the worlde but mankynde also and this both in body and soule temporall and eternall things vnder him in this world as his liestennant and substitute 3. The differences which are betweene these two Powers Iurisdictions Spirituall and Temporall Ecclesiasticall and Ciuill are diuers and sundry taken from the diuersitie of their ends obiect The end of Spirituall Power being to direct vs to euerlasting saluation both by instruction discipline and correction and of the Temporall or Ciuill by like meanes and helps to gouerne well t●e Common-wealth in peace aboundance order iustice and prosperitie And accordinge to these ends are also their obiects matter and meanes As for example the former hath for her obiect spirituall things belonginge to the soule as matters of faith Doctrine Sacraments and such other and thy latter handleth the Ciuill affaires of the Realme and Common-wealth as they appertaine to the temporall good and prosperitie thereof 4. The ancient learned Father S. Gregorie Nazianzen in a certaine Oration of his doth expresse the nature and conditions of these two Powers Spirituall and Temporall Ecclesiasticall and Ciuill by the similitude of spirit and flesh soule and sense which he saith may be considered either as two distinct Common-wealths seperated the one from the other or conioyned togeather in one Common-wealth only An example of the former wherin they are seperated may be in Beasts Angells the one hauing their Common-wealth of Sense onlie without soule or spirit and their end and obiects conforme thervnto which are the nourishment and preseruation of the body And the other Common wealth of Angells being of spirit only without flesh or body but in man are conioyned both the one and the other And euen so in the Common wealth of the Gentiles was onlie authoritie politicall earthlie and humane giuen by God to gouerne worldlie and humaine things but not spirituall for the soule wheras contrarywise in the Primitiue Christian Church for almost 300. yeare togeather none or few Kings being yet conuerted onlie spiritual authoritie was exercised by the Apostle and Christians Bishopps their successours for gouerninge the Church in Ecclesiasticall affaires without temporall accordinge to the saying of S. Paul in the Acts of the Apostles speaking to Bishops Vos posuit Spiritus Sanctus Episcopos regere ecclesiam Dei The holy-ghost hath appointed you that are Bishops to gouerne his Church 5. And this Spirituall Iurisdiction in respect of the high end and obiect therof aboue the temporall did the same Apostles by instructiō of the same Holie Ghost so highlie esteeme as the same S. Paul writinge to the Corinthians and reprehendinge them for going to law about temporall things before the heathen magistrate said that in secular matters they should appoint for iudges such as were contemptible in the Church that is to say men of meane account which was spoken by him not for that he contemned temporall Power as the heretical Anabaptists out of this place would proue for so he should be contrarie to himselfe who a litle before as you haue heard auowed that all power is from God and in other places that the King and temporall magistrate is to be honoured and obeyed as Gods minister and the like but onlie he saith this in comparison the one of the other and of their ends and obiects so different in dignitie worthines as you haue heard And this continued in the Primitiue Church to witt Spirituall Iurisdiction without Temporall vntill Constantine the Great and other Emperours and Kings after him being conuerted to the Christian faith entred into the said Church retaininge their Temporall States and Temporall Power which before they had but submitting themselues in spirituall and Ecclesiasticall matters vnto the spirituall gouernment and gouernours which they found to haue been in the same Church before their conuersion 6. Furthermore besides these differences of the end and obiects of these two Powers the forsaid Deuines doe shew another no lesse considerable then the former which is that albeit both of them be of God and doe proceed from him as the Author origen as hath been said yet far differentlie for that Ecclesiasticall authoritie is immediatlie from God and was giuen by Christ immediatlie to his Apostles and Bishops as before you haue heard out of S. Paul who addeth in the same place that Christ gaue them this Spirituall Iurisdiction ouer that Church quam acqui fiuit sanguine suo which he had bought and purchased with his bloud to make them and others in respect of this dreadfull circumstance to esteeme and respect the more this Spirituall Iurisdiction ouer soules which Iurisdiction Christ also himself God and man did exercise in person vpon earth wholie seperated from the vse of all Temporall Iurisdiction notwithstanding he was Lord of all as the same Deuines out of the Ghospell doe proue S●ewing therby and by the long continuance of his Church without the said Temporall Authoritie that Spirituall Iurisdiction is wholy independent therof and vtterlie distinct by her owne nature 7. And albeit Ciuill Power and
visitation of the Ecclesiasticall estate and persons and for their reformation order and correction of the same and of all manner of errors heresies c. is given to the Queene with full power and authoritie to assigne nominate and authorize others also to exercise and execute vnder her highnes all and all manner of Iurisdiction priuiledges and preheminences in anie wise touching or concerning anie spirituall or Ecclesiasticall Iurisdiction and to visit reforme redresse order correct and amend c. 19. Which words may seem by their often naming of visitation and visiting that they meant onlie to make the Queene a visitrix ouer the Cleargie which importeth much limitation of supreme power and yet on the other side they giue her all Iurisdiction Ecclesiasticall that euer hath been heertofore or may be exercised by anie Ecclesiasticall authoritie or person and that both she and her substitutes haue all and all manner of Iurisdiction priuiledges and preheminences concerning spirituall affaires as you haue heard So as on the one side they seeme to restraine and limitt not calling her head of the Church as before in the stile of K. Henrie and K. Edward was accustomed but rather a supreme Visitrix as by these words appeereth And on the otherside they giuing her all and all manner of Iurisdiction Ecclesiasticall that by anie power or person Ecclesiasticall hath euer heertofore been vsed or may be vsed including no doubt therin both the Pope and all other Bishops or Archbishops that euer haue exercised Iurisdiction in England they make her spirituall head of the Church in the highest degree giuing her the thinge without the name and dazeling the eyes of the ordinarie Reader with these multitude of words subtilie couched togeather And why so thinke yon I shall breefly disclose the mysterie of this matter 20. When K. Henry the eight had taken the Title of Supreame head of the Church vpon him as also the gouernours of K. Edward had giuen the same vnto him being but yet a child of 9. years old the Protestants of other Countries which were glad to se England brake more and more from the Pope whome they feared yet not willing insteed therof to put themselues wholie vnder temporall Princes but rather to rest at their owne libertie of chosing congregations and presbyteryes to gouerne began to mislike with this English stile of Supreame head as well the Lutheranes as appeereth by diuers of their writings as also the Zuinglians and much more afterward the Caluinists whereupon Iohn Caluin their head and founder in his Commentary vpon Amos the Prophet inueigheth bitterlie against the said Title and authoritie of supreame head taken first by King Henry and saith it was Tyrannicall and impious And the same assertion he held during his life as after by occasion more particularlie shall be shewed And the whole body of Caluinists throughout other Countryes are of the same opinion and faith though in England they be vpon this point deuided into Protestants and Puritans as all men know 21. This then being the State of thinges when Q. Elizabeth began her Raigne those that were neerest about her and most preuailed in Counsell inclining to haue a change in Religion that therby also other changes of dignities offices and liuings might insue and desiring to reduce all to the new Queens disposition but yet finding great difficultie and resistance in many of the Caluinists to giue the accustomed Title of headship in respect of Iohn Caluins reprobation therof they deuised a new forme and featute of words wherby couertly to giue the substance without the name that is to saie the whole spirituall power iurisdiction of supreame head vnder the name of Visitrix or supreame gouernesse as in the Oath of the same Statute is set downe where euery man vnder forfiture of all his lands and liuings and life also in the third time is bound to sweare and professe that he beleiueth in his cōscience that the said Qneene is supreame gouernesse in all causes Ecclesiastical in this sense and that there is no other Spirituall power or Ecclesiasticall Iurisdiction ouer soules in England but this of the Qneene or such as commeth from her And this was also the high iniquitie of this tragicall Comedye among other that the whole Realme being almost all Catholike and of a contrarie beleife at that time was forced to sweare within thirtie daies after the said Act to this fantasticall deuise of giuing supreame authoritie Spirituall to a woman wherof by naturall diuine and humane law she is not capable as in the next chapter shall bee proued being a deuise of some few in a corner first and then procured by negociation to passe in Parlament or els to incurre the daunger of the foresaid penalties that is to saie either sacrilegiouslie to forsweare themselues against their consciences or to vndoe themselues and theirs in wordlie affaires a hard and miserable choise 22. But now to the point it self what reall and substantiall difference thinke you can their be imagined between the spirituall Authortie of Head-ship giuen vnto K. Henry the 8. by the Statute of the 26. yeare of his reigne and this of visitrix or supreame gouernesse giuen to Q. Elizabeth in the first of her reigne Was not the self-same power and Iurisdiction ment to be giuen And if there bee no difference in the thing it self why doe they fly the word in this which they vsed in that and why doe they vse such large circumloquutions of visiting ordering redressing and the like For as for K. Henries statute it beareth this Title An act concerning the Kings highnes to be supreame head of the Church of England c. And in the statute it self it is said Be it enacted by the Authoritie of this present Parlament that the King our soueraigne Lord his heirs and successors shall be taken accepted and reputed the onlie supreame head on earth of the Church of England called Anglicana Ecclesia And the same Title was 9. or 10. years after giuen in like manner to K. Edward the sixt by the same Authoritie of Parlament if in this Case it had anie authoritie anecting also therunto all Iurisdiction spirituall whatsoeuer as it appeereth by a certaine declaration therof made in the Statute of the first year of the said King It saith thus That for so much as all authoritie of iurisdiction spirituall and temporall is deriued and deducted from the Kings Maiestie as supreame head of these Churches and Realmes of England and Ireland and so iustlie acknowledged by the Cleargie therof and that all Courts Ecclesiasticall within these said two Realmes be kept by no other power and authority either forreine or within the Realme but by the Authoritie of his most excelent Maiesty Be it therfore enacted that all sommons and citations and other processes Ecclesiasticall in all causes of Bastardy Bygamye and such like called Ecclesiasticall shall be made in the name of our King c. And that in
like togeather Relictis vxoribus agris cognatis patria propter Christum c. ad limina Apostolorum in precibus ieiunijs elecmosynis vsque ad diem vltimum permanserunt They leauing their wyues their possessions their kynred their countrey for Christ went to Rome and there neere vnto the Apostles bodyes they perseuered in praying fasting and giuing almes vnto the end of their liues 78. But S. Bede setteth forth this famous fact in other words describing also the persons of these two noble Kings Kenredus saith he who for a tyme had most nobly gouerned the Kingdome of the Mercians did much more nobly leaue the same giuing ouer his scepter willingly to his nephew Celred and went to Rome where he liued in prayer fasting and almes vntill the last day of his life And with him went Offa the sonne of Sigard King of the East-saxons Iuuenis amantissima aetatis venustatis c. a young man of a most louely age and beauty and most singularly desired by all his nation that he would stay amongst them enioy his Kigdome but he being led with the deuotion of his mynd left his wife his possessions his kynred and countrey for Christ and his ghospell that he might receaue a hundred fold in this life and in the world to come life euerlasting Thus S. Bede who was of a far different mynd from M. Attorney as you see 79. And Florentius addeth further to this history that with these two Kings went to Rome as ghostly father and spirituall directour of their iourney the famous holy man S. Egwyn before mentioned third Bishop of VVorcester and founder of the Monastery of Euesham for which he obteyned priuiledges and exemptions of Pope Constantine then Bishops of Rome and carried them home with him as before hath byn declared And Platina in the life of the same Constantine maketh mention also of the coming to Rome of these two Kings and what a rare spoctacle of vertue and deuotion it was to the whole Christian world to see two such excellent Princes in their youth and beginnings of their raignes to take such a rare resolution of leauing the world and following Christ in the strait and narrow path of perfection 80. As it was in like manner some twenty yeres after according to the forsaid Florentius to see the great and potent King Inas of the VVest-saxons to come thither with like resolution of mind who hauing byn a famous warrier for the space of seuen and thirty yeres in the end leauing his Empyre saith Florentius and commending the same to noble Athelard that was of the line of Cerdicus first King of VVest-saxons he resolued to goe to the Churches of the Apostles in Rome vnder Gregory the Pope and there to end his life and this worldly peregrination on earth neere to their bodyes to the end that he might the more familiarly in heauen be receaued into their companyes So he 81. But Malmesbury expresseth the same in more pregnant effectuall words after his sort Post triumphales bellorum manubias post multarum virtutum gradus summum culmen perf●ctionis meditans Romam abijt Ibi ne pompam suae conuersionis faceret non publicis vultibus expositus crimen sed deposuit vt solius Domini oculis placeret amictu plebeio tectus clàm consenuit After triumphant victoryes and spoyles of warre after the degrees of many vertues obteyned King Inas proposing to himself the highest toppe of perfection went to Rome and there least his conuersion might be glorious vnto him he did his penaunce or layd downe his synnes not in the p●●blike eyes of the world but rather desiring to please only the eyes of almighty God he put himself into a vulgar habit and ●● that he ended his life So Malmesbury 82. All which in effect was set downe before by S. Bede who calleth this Inas by the name of Hun that succeeded King Ceadwalla in the Kingdome of VVest-saxons who after thirty seuen yeres raigne Relicto regno ad limina Beatorum Apostolorum Gregorio Pontificatum tenente profectus est cupiens in vicinia locorum sanctorum c. He leauing his Kingdome went to Rome vnder the Popedome of Gregory desiring to liue and dy vpon earth neere to the Apostles Churches to the end he might enioy the better afterward their familiarity in heauen 83. And a little before this man againe his said predecessour Ceadw●lla tooke the like iourney to Rome for deuotion of the place being vet vnbaptized as S. Bede writeth the story in these words Ceadwalla King of the VVest saxons when he had gouerned his people with great fortitude for two yeres leauing his scepter for Christ and his euerlasting Kingdome went to Rome desiring to obteyne this singular glory to be baptized in the Church of the blessed Apostles in which baptisme he had learned that the only entraunce to heauen for mankind did consist hoping most certeinly that being once baptized he should soone after dye and be receaued into euerlasting glory both which points by the help of our Lord were perfourmed vnto him as in his mynd he had conceaued and so comming thither vpon the yere of Christ 689. Sergius being Pope he was baptized on Easter eue and soone after being yet in his white attyre according to the custome of holy Church he died vpon the 19. of Aprill immediattly ensuing and was buried in S. Peters Church whose name in baptisme he had taken and from thence his soule passed to the ioyes of heauen Thus S. Bede and touching this recourse pilgrimage to Rome he addeth in the same place Quod his temporib●s hoc idem plures de gente Anglorum nobiles ignobilesque laici clerici viri faeminae certatim facere consueuerunt that in these times many of the English nation both noble vulgar lay men Ecclesiasticall men and women were accustomed to doe the same with great feruour 84. Wherfore out of all these considerations and the like it seemeth we may deduce that for so much as our English Kings and people in those dayes were so singularly deuoted vnto the Sea of Rome and Bishops therof as they gaue themselues their goods their honours their whole life therunto it is not likely that they had that conceit of Rome then as we haue now or that they liued in iealosie or competency of Ecclesiasticall iurisdiction with the same or thought themselues iniured by the spirituall power which the said Sea did vse and practise ouer England and other Kingdomes of the world in those times And much lesse can it be presumed that they challenged to themselues or made lawes in those dayes in fauour of their owne Ecclesiasticall iurisdiction in restraint of that of the Popes and consequently M. Attorney I trow will hardly proue by the most ancient lawes of those times that Q. Elizabeth could iustify the supreme Ecclesiasticall authority which she