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A09106 A quiet and sober reckoning vvith M. Thomas Morton somewhat set in choler by his aduersary P.R. concerning certaine imputations of wilfull falsities obiected to the said T.M. in a treatise of P.R. intituled Of mitigation, some part wherof he hath lately attempted to answere in a large preamble to a more ample reioynder promised by him. But heere in the meane space the said imputations are iustified, and confirmed, & with much increase of new vntruthes on his part returned vpon him againe: so as finally the reconing being made, the verdict of the Angell, interpreted by Daniel, is verified of him. There is also adioyned a peece of a reckoning with Syr Edward Cooke, now L. Chief Iustice of the Co[m]mon Pleas, about a nihil dicit, & some other points vttered by him in two late preambles, to his sixt and seauenth partes of Reports. Parsons, Robert, 1546-1610. 1609 (1609) STC 19412; ESTC S114160 496,646 773

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grāt the said immunityes and priuiledges And also those words of King Edwyn which of his Catholike predecessors S. Leo King Kenulphus were granted And againe By ●orce of the Letters and Bulles a●oresaid the said village of Culnam was a Sanctuary and place priuiledged 63. And hereby also is euident that the King did not by his Charter in Parlament for it appeareth to be made by the Counsaile and consent of his Bishops and Senators not by Parlam●nt as M. Attorney doth misreport it neither was there any Parlament held at that time in the land or many hundreth yeares after for as it appeareth by Holinsheads Chronicle pag. 34. the first vse of Parlaments in England was in the tyme of King Henry the first it is cleare I say that the King did not discharge and exempt the said Abbot from Iurisdiction of the Bishop nor did grant vnto the said Abbot Ecclesiasticall Iurisdictiō within the said Abbey neyther had that abbot any Ecclesiasticall Iurisdictiō deriued frō the Crowne But as it appeareth by the authētike report of the Case the Pope the King did ioyne both in making the said Sanctuary according to their seuerall powers authorityes So that the exemptiō from Episcopall Iurisdictiō proceeded duly from the grant of Pope Leo as likewise the exēption frō all Regall temporall Iurisdiction proceeded frō the Charter of King Kenulphus Note also that King Edwins Grant was only that the said Monastery should be free from all earthly seruitude toucheth not any spirituall immunities or Iurisdiction at all 64. Thus far my friend out of England and by this now you may see how well M. Attorney hath obserued his foresaid protestation that he had cyted the very wordes textes of the Lawes without any inference argument or amplification at all And this being my friends aduertisment from England with like obseruation of manie other places cyted by M. Attorney with like fydelity I thought good to produce this one amongst manie being the first in order for a tast in this place reseruing the rest to a fitter or at leastwise to a second edition of the foresaid answere of the Catholike Deuine where euery thing may be referred to his due place and with this will I end this Chapter Thus far wrote I at that tyme in charg of Syr Edward THE DISCHARGE AND Reckoning about the former Charge made to Syr Edward Cooke §. V. YOV haue heard now this Charge how important substantiall yt is and who would not haue thought but that either M● Morton or Syr Edward himself would haue answered somwhat to the same in their Replyes made since the publishing hereof or at leastwise would haue asmuch as mentioned yt especially M. Morton who in a certaine manner and law of vrbanitie was more obliged to take the patronage of Syr Edwards wrytings then himself for so much as the Charge was giuen in a Booke against M Morton and he had so highlie commēded the sayd worke of his Reports as he calleth them The allwaies reportable and memorable Reports taking out of them sundrie heads of examples as his words are that improue the Popes Supremacie in causes Ecclesiasticall ascribe it to the king which that yow maie see how substantiall they are I shall take the paynes to set them downe here as they stand in his Book 66. I will point at some ●ew heads o● examples saith he o● our ancient Christiā kings which Syr Edward Cooke his Maiesties Attorney generall in his allwaies reportable memorable Reports hath lately published In the Raigne o● king Edward the fyrst saith he a Subiect brought in a Bull of excommunication against another Subiect o● this Realme published it But yt was answered that this was th●n according to the ancient lawes o● England Treason against the King and the Offendor had byn drawen and hanged but that by the mercie of the Prince he was only abiured the Realme c. 67. At the same tyme the Pope by his Bull had by way of prouision bestowed a benefice vpon one within the Prouince of ●orke the King presented another the Archbishop re●useth the Kings presentation and yelded to the Popes prouision This Archbishop then by the common law o● the land was depriued o● the lands o● his whole Bishopricke during ly●e And in the Raigne of king Edw●rd ●he third the king presented to a Ben●●ice his Presentee was disturbed by one who had obtayned a Bull from Rome for the which cause he was condemned to perpetuall imprisonment c. 68. In the Raigne o● Richard the second yt was declared in the Parliament R. 2. c. 2. that England had allwayes byn ●ree and in subiection to no Realme but imediatly subiect to God to none other and that the same ought not in any th●ng touching the Regaltie of the Crowne to be submitted to the Bishop of Rome nor the lawes of their Realme by him frustrated at his pleasure c. 69. In the Raigne of King Henry the fourth it was confirmed that Excommunication made by the Pope is o● no force in England c. In the Raigne of King Edward the fourth the opinion of the Kings Bench was that whatsoeuer spirituall man should sue another spirituall mā in the Court of Rome for a matter spirituall where he might haue remedy be●ore his Ordinary within the Realme did incur the danger of ●remunire being an heynons offence against the honour of the King his Crowne and dignity 70. Thus far M. Morton out of Syr Edward Cooke then he addeth Many other examples of like nature I pretermit and remit the Reader desirous to be further satisfied vnto the booke o● Reportes habet enim ille quod det dat nemo largiùs For he hath to giue and no man giueth more aboundantly This is his Encomium But what doth he giue truth or falshood sincere or wrested allegatiōs matter to the purpose or impertinent That we shall here now discusse shew that neither the exāples themselues are altogeather true as here they are set downe nor if they were yet doe they not prooue the purpose for which they are alleaged And first we shall proue the second which most importeth and it is easily proued 71. For first Syr Edwards purpose obligation was to proue that Q. Elizabeth by force of her temporall Crowne had all manner of Supreme authority in spirituall affaires no lesse then any person euer had did or could exercise in England as the words of the Statute haue alleaged by him and the purpose of M. Morton was as appeareth by the title of his Treatise to improue the Popes supreme authority in Causes Ecclesiasticall So as both their ends and purposes were by different meanes to proue that the Pope had no supreme authority in Ecclesiasticall matters for time past in England the one by ascribing all to the King the other by denying it to the Pope But this purpose of theirs
Henry the fourth quite contrary to the wordes meaning of the said Historiographer who defendeth the cause of the said Pope speaking much good of his lyfe vertue And M. Mort. is so farre of frō being able to quit himself from false dealing in this behalf as he is forced partly to lay the fault vpon others as vpon Doctor Tolo●anus partly to abuse the name and testimony of Claudius Espencaeus and make him to say and auerre that which he doth not but relateth out of others And in no one Imputation hitherto touched was he more graueled then in this as the Reader may see by turning to the place it self So as it is strange that M. Morton will bring in this againe but only to make vp a nūber and yet leaue out so great store of other of farre greater importāce as hath bene said But now leauing this let vs peruse another defence of his which he hath chosē to make as the last prize of his maistery in this behalfe and it being reserued by him for the last place we may imagine it will be a good one THE FOVRTEENTH and last Imputation of falshood pretended by M. Morton to be triumphantly answered §. XIIII FOR the last place and vpshot of this Combat M. Morton hath made choice of an Imputation which he pretendeth not only with great aduantage to be able to repell and shake of from himselfe but to retort the same in like manner vpon his aduersary therfore he intertaineth himselfe longer therin then in any other hitherto named deuideth his answere both into a seuerall preface foure distinct heads or paragraphs promising in the one to shew the falsity of this obiected Imputatiō in the second the foolishnes in the third the vn●ortunatnes in the ●ourth the blasphemy And surely if he can not only cleere himself from the imputation but proue also these foure points against me for obiecting the same or any one of them which is more liberality then he demādeth I will say that he hath shewed manhood indeed in this last attēpt to recompēce the Childhood we haue found in all the rest 109. But yet before we passe to the particuler triall I must needes tell him friendly that this aduētrous anymosity of his is not allwaies either cōmēdable or fortunate as we shall shew in our eight Chapter where we shall be forced to treat somewhat of his cōfident audacious o●fers protestatiōs And for that he termeth the Charge made by me of this imputation an Inditemēt I shal vse the same Metaphor in this my Answere aduertismēt vnto him which is that I haue heard of sundry in England who being called into suspition about criminall imputations bound ouer only vpō sleight bandes to appeare at the next Assises haue vpon like animosity to daunt the aduersary with voluntary appearing defending their owne cause remayned condemned executed notwithstanding their indiscreet courage in presenting themselues at the barre when it needed not somtimes perhaps the sooner for that they shewed therby so little respect to the Sea● of Iudgmēt as to thinke themselues able to delude the same And euē so fareth it in our case M. Mort. hauing seene the parts of his inditemēt as himselfe calleth it pondered no doubt of what weight they are would notwithstanding needs call the matter into question againe before a new ●ury haue al particulers r●●i●wed more exactly looked into whereas the thing might haue bi● passed ouer with silence or at least with les●e publicity if himself had not prouoked the contrary 110. VVell then for so much as he will needes haue i● so let vs bring forth our Charge set down in the Trea●ise of Mitigation which he call●th an Indi●emen● the subiect wherof is about egregious false dealing in alleaging the authority of the Germā historiographer Lambertus Scafnaburg against Pope Gregory the 7. whom Lambertus doth highly commend euen as the same M. Mor● had done b●fore in alleaging Otto Frisingensis but yet with more audacity for that he would seeme to excuse the other fact by laying the fault vpon Doctor Tolosanus as you haue heard But heere he doth not only not lay it vpon another nor excuse the fact nor acknowledg any error or ouer sight but auerreth both falsity ●olly infelicity and blasphemie to be in the imputation Let vs come thē to the discussion of the whole My former wordes were these The Charge 111. But the next fraud after that of misalleaging Fri●ingensis or impudency or rather impudent impiety said I is that which ensueth within foure lynes after in these words Pope Gregory the 7. saith your Chronographer was excommunicate of the Bishops of Italy for that he had defamed the Apostolike Sea by Symony other capital crymes And then cyteth for proof hereof Lambertus Schasnaburg Anno 1077. As if this our Chronographer had related this as a thing of truth against the said Pope or that it were approued by him and not rather as a slanderous obiection cast out by his aduersaries that followed the part of Henry the Emperour Let any man read the place and yeare heere c●ted and if he be a modest man he will blush at such shameles dealing For that no Author of that time doth more earnestly defend the cause vertuous life of Pope Hildebrand thē this man whose words are Sed apud omnes sanum aliquid sapientes luce clariùs constabat falsa esse quae dicebantur Nam Papa tam eximie tamque Apostoli●è vi●am instituebat c. But with all men of sound wisdome it was more cleere then the sunne that the things which were spoken against Pope Hildebrand were false for that the Pope did lead such an excellent Apostolicall life as the sublimity of his conuersation did admit no least spot of wicked rumour against him he lyuing in that great Citty open concourse of men it could not haue byn hidden if he had cōmitted any vnlawfull thing in his life And moreouer the signes miracles which by his prayers were often times done his most feruent zeale for God in defen●e of Ecclesiasticall lawes did sufficiently defend him against the poysoned tongues of his detractours And againe Hildebrandi constātia et inuictus aduersus auaritiā animus omnia excludebat argumenta humanae ●allaciae The constancie of Pope Hildebrand and his inuincible mind against the corruption of auarice did exclude all arguments of humane fallacie and deceipt So Lambertus 112. And now let the Reader consider with what conscience fidelity T. M. hath cyted him for cōdemnatiō of Pope Hildebrād He relateth indeed what certaine Noblemen Captaines others that came with the Emperour to the Cas●le of Canusium would not haue had him made peace with the Pope in that place said in their rage afterward for that against their Coūsell he had submitted himself vnto the said Pope And when a certaine Bishop named Eppo
there are conteyned in one First then page 163. The Deuin● doth cite the seuerall lawes of William Conquerour out of Roger Houeden parte 2. Annalium in vita Henrici 2. ●ol 381. and by them doth proue that the Conquerour acknowledged the Popes supreme Authority in causes Ecclesiasticall And is not this a legall record And in the next two leaues following he doth cyte aboue twenty di●ferent places out of the Canon law and Canonists which though perhaps M. Attorney will not cal legall in respect of his Municipall lawes yet iudiciall records they cannot be d●nyed to be Moreouer pag. 245. 246. he doth alleage the testimony of Magna Charta cap. 1. made by king Henry the third as also Charta de ●oresta made vpon the ninth yeare of his raigne Charta de Mertō made in the 18. of the same Kings raigne as other lawes also of his made vpon the 51. yeare o● his Gouernement all in proofe of the Popes iurisdiction and are all legall authorityes And furthermore he doth cyte pag. 248. statut anno 9. Henrici 6. cap. 11. and pag. 262. he citeth againe the said Great Charter and Charter of the Forest made by K. Henry the 3. and confirmed by his sonne King Edward the first diuers tymes And pag. 271. he citeth two lawes anno 1. Edward 3. stat 2. cap. 2. 14. eiusdem statut 3. pro Clero and doth argue out of them for profe of his principall purpose against Syr Edward And how then or with what face doth or can the Knight auouch heere that the said Deuine alleageth no one Act or law of Parlament or other iudiciall record throughout his whole booke doth he remēber his owne saying in this his Preface That euery man that writeth ought to be so carefull of setting downe truth as if the credit of his whole worke cōsisted vpō the certainty of euery particuler period Doth he obserue this How many periods be there heere false of his But let vs see further Pag. 277. in the life of king Edward the first the said Deuine doth cite an expre●se law of King Edward 3. Anno regni 25. as also pag. 283. he doth alleage statut de consult editum anno 24. Edwardi 1. and another Anno 16. Edwardi 3. cap. 5. and all these things are cited by the Deuine before he commeth to treat peculierly of the lyfe of King Edward the third but vnder him after him he doth not alleage as few as 20. legall authorities and statutes of Acts of Parlaments so as for M. Attorney to auouch here so boldly peremptorily as he doth that the Deuine in all his booke did not alleage so much as any one authority eyther out of the cōmon lawes or Acts of Parlament or other legall or iudiciall record is a strange boldene●se indeed And yet he sayth that he found the Author vtterly ignorant and exceeding bold But if he could conuince him of such boldnes as I haue now conuinced himselfe for affirming a thing so manifestly false I should thinke him bold indeed or rather shameles for that heere are as many vntruthes as there are negatiue assertions which is a Nimium dicit with store of witnesses 23. It is another Nimium dicit also yf yow consider it well that which he writeth in the same place that when he looked into the booke euer expecting some answere to the matter he found none at all Wheras he found all that is touched in the former Paragraph and much more which was so much in effect as he saw not what reply he could make therunto which himselfe confesseth a litle before in these wordes saying Expect not from me good Reader any reply at all for I will not answer vnto his Inuectiues and I cannot make any reply at all vnto any part of his discourse yet doth he endeauour to mitigate this also saying That the Deuine answereth nothing out of the lawes of the Realme the only subiect sayth he of the matter in hand And a litle af●er againe I will not sayth he depart from the State of the question whose only subiect is the Municipall lawes of this Realme But this re●uge will not serue both for that I haue now shewed that the Deuine hath alleag●d many testimonies out of the Municipall lawes as also for that this is not true that the question is only about these lawes for that as before hath beene shewed the true state of the question betweene vs is VVhether supreme Ecclesiasticall authority in spirituall af●a●res did remayne in Queene Elizabeth and her Ancestours by right of their temporall Crownes or in the Bishop of Rome by reason of his primacy in the Chaire of S. Peter which great matter is not to be tryed only as in reason yow will see by the Municipall lawes of England or by some few particuler cases deduced from them but by the whole latitude of diuine and humane proofes as Scriptures Fathers Doctors histories practises of the primitiue Church lawes both Canon and Ciuill and the like as the Deuine doth teach in differēt occasions of his booke adding further That albeit it should be graunted to Syr Edward that this matter should be discussed by the common Municipall and Statute lawes of England only yet would he remayne wholy vanquished as largely doth appeare by the deduction of the said Deuine throughout all the succession of English Kings from Ethelbert the first Christened to King Henry the 8. that first fell into schisme against the Church of Rome This then was a notorious Nimium dicit 24. Another is when he sayth in reproofe of the Deuines answer to his Reports that the booke is exceeding all bounds of truth and charity full of maledictions and calumniations nothing pertinent to the state of the question and that it becommeth not Deuines to be of a fiery and Salamandrine spirit soming out of a hoat mouth c. which indeed will seeme to any indifferent man a stange passionate exaggeration of Syr Edward exceeding all tearmes of simple truth for that there is nothing found in that booke but temperatly spoken and with respect as it seemeth both to his Office and Person but yet when he saw the exobitant intemperance of the Attorneyes hatred against Catholicks to draw him to such acerbity of bloudy calumniations that he would needes inuolue them all in the heynons cryme of treason by meere sycophancy malicious collections vpō false supposed groundes and fictions of Pius quintus his Bull and such like impertinent imputations no meruaile though he were more earnest in the repulsion of such open wronges but yet with that moderation as I perswade my selfe no iniurious or contumelious speach can be alleaged to haue passed from him in all that booke much lesse such inu●ctiues as heere M. Attorney chargeth him withall as also with that fierie Salamandrine spirit foming out of a hoat mouth wherein besydes the contumely which he will easily pardon Syr Edward speaketh more
Cl●ricali esse nudatos correctioni fori saecularis addictos that all such as had beene twice married are depriued of all priuiledge of Clergy men and are subiect to the iurisdiction of the secular Court There arose a question in England in tyme of Parliament how this decree of the Pope should be executed and obserued some of the Prelates inclining that it should be vnderstood only of such Bigamies as should fall out after the Coūcell and therfore demaunded to haue deliuered into their hands and freed from the temporall gaole such as presently were in prison and had beene bigamies before the Councell But the K. his Counsell were rather bent to haue all bigamies excluded frō that priuiledge both present and to come for that the Popes Constitution now alleaged seemed rather to sound that way for that it is generall and without exception Vpon which determination produced the Attorney hath this note insteed of an inference Obserue saith he how the King by aduise of his Counsell that is by authority of Parlament expounded how this Councell of Lyons should be vnderstood and in what sense it should be receyued and allowed And therof would inferre that the king and his Counsell held themselues to be aboue the Pope for that they tooke vpon them to determine in what sense the Popes decree should be vnderstood And yet M. Attorney protesteth as before you haue heard that he maketh no inferences but only alleageth the bare law books as they lye but yet heere euery man will see that it is vntrue for that heere he maketh an inference and that very false and impertinent For he should rather haue made the quite contrary inference to wit that for so much as the King and his Coūsell did subiect themselues to the acknowledgment and obseruation of the Popes decree and did accommodate the law of England therunto which before was otherwise they did therby acknowledg that the Popes power in making lawes for Ecclesiasticall matters was Superiour to that of the King and can Syr Edward or any man else deny this consequence And this shall suffice for this case but only I may not let passe this one note by the way that wheras M. Attorneys words are that certayne Prelats when such persons as haue beene attaynted for fellons haue praied to haue them deliuered as Clerkes he forgot himselfe for that the wordes in the booke are quando de felonia rectati ●uer●nt when they had beene arraigned of ●elony not when they had beene attainted of felony for that Clerkes be●ore attainder were wont to be deliuered to their Ordinaries but being once conuicted and attainted they cannot make their purgation afterward as appeareth by Stanford l 2. c. 49. 87. Vnder K. Edward 2. the Attorney writeth thus Albeit by the ordinance of Circumspectè agatis made in the 21. yeare of K. Edward 1. and by generall allowance and vsage the Ecclesiasticall Courts h●ld plea of Tythes obuentions oblatiōs mortuaryes c. yet did not the Clergy thinke themselues assured nor quiet from prohi●itions purchased by subiects vntill that K. Ed. 2. by his letters patents vnder the great seale and by consēt of Parlament c. had graunted vnto them to haue iurisdiction in those cases c. So M. Attorney And what doth he inferre heerof thinke you the questiō in hand teacheth vs to wit that K. Edward 2. is proued by this to haue had supreeme spirituall iurisdiction An inference you will say very farre fecht but this is the manner of Syr Edwards disputing and yet he saith that he maketh no inference nor argumentatiō at all marke then his guilfulnes 88. He cō●esseth that before king Edward the 2. there was generall allowance and vse of Ecclesiasticall Courts in England for Ecclesiasticall matters as appeareth by the ordinance of Circumspectè agatis vnder K. Edward 1. and of magna Charta before him againe vnder K. H. 3. many other proofes he confesseth also that this vse and allowance was confirmed according to the Custome of his Ancestours by the same K. Edward 2. by a new statute made in the ninth yeare of his raigne called Articuli Cleri But what of this hence he inferreth that the king was supreme in spirituall authority for that he graunted ●aith he to them to haue iurisdiction and do you see the good consequence I will reason with him in the like The parlamēt de prerogatiuis Regis held in the 17. yeare of the same K. raigne did nūber and explaine and confirme all the kings prerogatiues which were allowable at the cōmon law ergo this statute did giue vnto the king his prerogatiues and that he had them not before which consequēce I doubt not but M. Attorney himselfe will deny to be good and yet is it as good as the other for K. Edward 2. in his statute of Articuli Cleri did but concurre with his Ancestours in confirming those priuiledges which had beene vsed before time out of mind and in subiecting his temporall lawes to the lawes of the Church in the cases there specified so farre of was he frō taking supreme iurisdiction vpon himselfe as falsely and fondly M. Attorney would make his reader belieue But let vs passe from K. Edward 2. to his sonne K. Edward the third out of whose raigne M. Attorney alleageth more examples instances then almost out of all the rest wherof we shall touch some few for all would be ouer longe and perhaps we shall descēd no lower then the time of his raigne reseruing the more ●ull discussion of these and other exāples vntill the Catholicke Deuine or some body for him shall prepare a second edition of his forsaid answer to Syr Ed. Reports 89. First then fol. 14. b. of this his fifth part of Reports he reciteth out of the raigne of this K. Edward 3. but quoting no particuler place that it is often resolued that all the Bishopricks within England were ●ounded by the kings progenitors and therfore the aduowson of them all belonged to the king c. And that when a Church with cure is void if the particul●r Patron or Bishop of that Diocese do not present another within the space of 6. monethes then may the Metropolitan conferre the same and if he also do it not within six other moneths then the comon law giueth to the king as to the supreme within his owne kingdome not to the Bishop of Rome power to prouide a competent pastour for that Church This is Syr Ewdards narration full of deceipt as now you shall see For albeit the cōmon law doth giue to the king as to the supreme within his owne Kingdome to present by lapse as hath beene said yet not as supreme in spirituall authority as he would haue his reader mistake and belieue but as supreme in the temporall patronage or as supreme temporall Patron of that Benefice to whō in such cases the aduowson of presenting