reward in the life to come for it And so much of this 14. But now to passe to another consideration about the same King it seemeth to me that nothing sheweth more this Kingâ— true affection deuotion and confidence towards the Pope and Sea of Rome then his owne recourse thervnto in his greatest affliction before mentioned of the conspiracy of his wife and children against him For then he wrote a very lamentable letter vnto Pope Alexander beginning thus Sanctissimo Domino suo Alexandre Dei gratia Catholicae Ecclesia Summo Pontifici Henricus Rex Angliae c. Salutem deuotae subiectionis obsequium In which letter among other things he saith thus Vbipleniorem voluptatem contulerat mihi Dommâ—â— ibi grauius me flagellat quod sine lachrymis non dico contra sanguineâ—â—â—eum viscera mea cogor odium mortale concipere c. Where God hath giuen me greatest pleasure and contentment there doth he most whip me now and that which without teares I doe not speake vnto you I am constrained to conceiue mortall hatred against my owne bloud and my owne bowels My freinds haue left me and those of myne owne house doe seeke my life this secret coniuration of my wife and children hath so intoxicated the minds of all my most familiar freinds as they prefer their traiterous obedience to my sonne and would rather beg with him then raigne with me and enjoy most ample dignities c. Abseâ—â— corpore presens tamen animo me vestris aduolno genibus I being absent in body but present in mynd with you doe cast my self at your knees Vestrae iurisdictionis est Regnum Angliae c. Experiatur Anglia quid possit Romanus Pontifex The Kingdome of England is vnder your iurisdiction Let England learne by experience what the Bishop of Rome can doe Promitto me dispositioni vestra in omnibus pariturum I doe promise to obay your disposition in all hings 15. Thus he wrote at that tyme with teares as you haue heard wherewith Pope Alexander being greatly moued sent commaundement to Richard Archbishop of Canterbury to write earnestly vnto K. Henry the sonne to recall him from his rebellion vnder paine of excommunication as before we haue shewed And this confident recourse of K. Henry to the Pope in so great an affaire declareth well the opinion he had of his authority And conforme vnto this were all the rest of his actions and doings concerning Ecclesiasticall iurisdiction when he was out of passion and perturbation acknowledging none at all in himself but only from the Sea Apostolike And heervpon he fouuded the security of all his hopes by his first marriage with the Queen Eleanor as hath byn said whose diuorce from King Lewes was vpon the Popes sentence declaringe the same to be inualide and no marriage at all by reason that they were married within degrees of consanguinity prohibited by the Church 16. And soone after this againe about the 6. yeare of his raigne the same King as Stow relateth procured dispensation of the said Pope by his Legat-Cardinalls Henricus Pisanus and Gulielmus Papionensis to make a marriage between Henry his eldest sonne of seauen years old and Margaret the French Kings daughter that was yet but of three years old which he would not haue done by all likelihood with so manifest perill of his whole succession therby if he had either doubted of the Popes authority therin or presumed of his owne 17. And not many years after this againe the said King being very desirous to remoue from the Church of VValtam in Essex certaine secular Chanons that liued not with edification and to place in their roome regular Chanons presumed not to doe it of himself or his owne authority which yet might seeme a small matter but by the authority of the Pope Rex saith Houeden ex authoritate Domini Papae instituit in Ecclesia de VValtham Canonicos regulares The King did appoint regular Chanons in the Church of VValtham by the authority of the Pope And the same doth testifie VValsingham vpon the yeare 1177. that it was done in the vigil of Penticost Authoritate Summi Pontificis sub praesentia Regis By the authority of the Bishop of Rome the King being present at the doing 18. And the same VValsingham two years after that againe doth record another iudiciall Act of the said Pope Alexander in England which is that he exempted from the obedience of the Archbishop of Canterbury Roger that was Prior of the monastery of S. Augustine in the same Citty which had byn subiect to him saith he for fiue hundred years before And it is probable that neither the King nor Archbishop did like thereof but could not let the same 19. And finally to goe no further in this matter of this Kings obedience and deuotion towards the Church when he was out of choller and passion and free from such other perturbations as did draw him stroÌ„gly oftentimes to the doing of certaine things which after he repented I shall end with one shorte narration only of the foresaid VValsingham or a strange extremity and aduersity of fortune from which God deliuered him at one tyme by means of his deuout mynd towards the blessed Martyr S. Thomas of Canterbury vpon the year 1174. which was three yeares after his said martyrdome at what time the Kings state was this as partly before you haue heard Lewys King of France coÌ„ioyning himself with Henry the third King of England and the rest of his brethren against their Father pressed him sore with great armies in Normandy and other partes of his Dominions in France And at the very same time his wife Queen Eleanor in England conspiring with her said sonnes incited by her example many other Princes and noblemen to doe the like who raised diuers rebellions And besides all the rest VVilliam King of Scotland came in with a great Army on the North-side and Philip Earle of Flaunders was entered with another on the South-side At which time K. Henry seeing himself in these straites and not well knowing what to doe yet resolued at the length to passe from Normandy into England and first to succour the principall parte But being on the Sea there arose such a tempest as seing himself in great daunger Erectis in caelum luminibus saith VValsingham lifting vp his eyes to heauen he desired God that saw his intention to be mercifull vnto him as his meaning and purpose was to seeke the peace both of the Clergy people of England c. And God saith our Author admitted presently the prayer of this our humbled King and brought him safe to Hampton-port with all his people who from that day forward giuing himself to pennaunce vsed saith he a very thinne diet to wit bread and water only and casting of all temporall cares nor entring into any one Citty as he went by the way neuer ceased vntill he came to
that such as should be named for commissioners must be naturally borne subiects Which his counsell said did not appeere by the special verdict of the Iury to haue been obserued consequentlie that the sentence was not good and auailable in law Heervnto saith M. Attorney a threefold answere vvas giuen and resolued by the vvhole courte First that they which were Commissioners and had places of iudicature should be intended to be subiects borne and not aliens c. Quia stabitur praesumptioni donec probetur in contrarium The common presumption must bee followed vntill the contrarie be proued Heer you see how much this answere weigheth It seemeth to me that this matter might easilie in foure years haue been verefied if the Iudges had listed whether these Commissioners were aliens or borne Subiects not to reiect the Plainteife now with this shaddow of common presumption that they might be presumed or supposed to be naturally borne 15. Secondlie saith M. Attorney the Iurors haue found that the Queene by her said letters Patents did authorize them secundum formam Statuti praedicti according to the forme of the said Statute that authorized her and therfore it doth by a necessarie consequence amount to as much as if they had found that they had been subiects borne For if they were not subiects borne saith he they could not be so authorized secundum formam Statuti praedicti This is the second answere somewhat weaker as to mee it seemeth than the former of presumption and common intendement For heere insteed of prouing that the Commissioners were borne subiects and consequentlie well anthorized he subsumeth and inferreth the contrary to witt that they were authorized by the Queene secundum formam Statuti praedicti ergo they were borne subiects as who would saie the Queen or those that counselled her could not be deceiued or euill informed or negligent in this point about the obseruing of that clause and yet this is all that was answered by the Court to this matter Which themselues belike considering fell to deuise a third answere more absurde and paradoxicall than all the rest which haue giuen the ground or argument of this Sage fable or Comedy which M. Attorney hath heere partlie reported and partlie exhibited vnto vs in this his booke to the laughter of such as reade it and doe consider the exorbitant vanitie therof I shall set it downe in very few words 16. When the forenamed Sages did perceiue that the former two answers to Cauderyes fourth exception against the Queens commission made out vpon vertue of the statute in the first yeare of her raigne that gaue her all kinde of Spirituall power and Iurisdiction did not satisfie they fell vpon this third that albeit the said Queene had not obserued the clauses and conditions specified in the said Statute for authorizing others in the like Iurisdiction yet had she authority otherwise to make out such a Commission in that she was Queene and this by the vertue of her Crowne according to the auncient Common laws of England You shall heare M. Attorneys owne words in this resolution This Act saith he of the first yere of the late Queene concerning Ecclesiasticall Iurisdiction was not an act introductorie of a new law but declaratorie of the olde which appeereth as well by the Title of the said Act videlicet An Act restoring to the Crowne the auncient Iurisdiction ouer the State Ecclesiasticall spirituall c. As also by the body of the Act in diuerse partes therof for that this Act doth not annex anie Iurisdiction to the Crowne but that which in truth was or of right ought to be by the auncient laws of the Realme parcell of the Kings Iurisdiction and vnited to his Imperiall Crowne c. so as if the said Act of the first yeare of the late Queene had neuer been made it was resolued by all the Iudges that the King or Queene of England for the time being may make such an Ecclesiasticall commission by the auncient prerogatiue or law of England Thus hee 17. And trulie I am sorye that he affirmeth this strange Paradox to haue been the resolution of all the Iudges there present But to the end that all may not seeme to haue entred into this solemne folly it were good that their particular names were knowne that resolued the same For certainlie it will bee the most notorious iest vnto forraine lawyers of all sortes vnto other graue learned men when it shall come abroad in other countryes as shortelie it will for that M. Attorney hath caused it also to be published in Latin which hath happened in many years if not ages much laughter it will cause will celebrate solemnlie M. Attorneys name that is the Reporter therof For this matter toucheth not onlie England and English-laws but all other Countryes besides who haue runne ioyntlie with England for many hundered years in the self same conformity of Catholicke Religiou and of temporall lawes confirming the same in ech Countrey and particularlie in this point of the Popes Spirituall Authoritie vniuersally receiued So as for so much as their kingdomes being entyre Empires and Monarchies as ours is they must needs be said to haue had this Ecclesiasticall Iurisdiction also in the highest degree included in their Kinglie right as parcell of their Imperiall Crowne wherof insueth that either they and their learned Counselours Lawyers and Sages did not see or know the same which had been great Ignorance or esteemed it not which had been great negligence or which is most likely that our lawyers now will be thought by them ridiculous to set forth such a strange Paradox to the worlde contrary to that which so many thousand Sages of former tymes both in generall Councells and otherwise haue resolued decreed and determined vpon better deliberation and more searche both of diuinity history and lawe than these temporall Iudges could doe vpon the suddaine in Cauderyes case howsoeuer M. Attorney doth magnifye the same whoe as I heare by some that will seeme to reporte it from his owne mouth he that is the Reporter is in great parte also the author or at least wise affecteth to be thought so as of a new witty inuention hauing often and vnto many promised to proue it and now hath begun to sett vpon it We shall see with what euent THE SECOND PART OF THIS CHAPTER Vvith a more cleere explication of the Question §. I. 18. But before wee come to treate of proofes we must consider of one circumstance of the matter more which is of no small importance for iudging of the whole and this is the circuite of words and multitude of darke and dazeling phrases which the foresaid Statute vseth in deliuering and setting downe the Ecclesiasticall power Iurisdiction giuen to Q. Elizabeth to wit that all such Iurisdiction Ecclesiasticall as by anie spirituall or Ecclesiasticall power hath heertofore been or may lawfully be exercised for the
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
tyme of the Danes as before I noted King Canutus the Dane as Ingulphus testifyeth which liued presently after him was so carefull to haue this duly payed with other dutyes belonging to the Church as being in his iourney towardes Rome he wrote backe to his Bishops and other officers in these words Nunc igitur obtestor c. Now then I doe beseech all you my Bishops other officers and all gouernours of the Kingdome by the faith which you doe owe vnto God me that you will so prouide that before my arriuall at Rome all debts be payed which according to auncient lawes are due That is to say the accustomed almes for euery plough the tythes of beastes borne euery yeare the Pence which you owe to S. Peter at Rome whether they be due out of the cittyes or the Countrey that by the middest of August you pay the tythes of your corne that at the feast of S. Martine you pay the first frutes of your seed to the Church and parish in which euery man liueth which payment is called Kâ—ke-seet And if these things be not performed by you before I retourne assure your selues that my Kingly authority shall punish ech man according to the lawes most seuerely without pardoning any Fare you well Vpon the yere of Christ 1032. So he And marke good Reader that he saith he will punish according to the lawes yea and in his former words that there are auncient lawes for these Dutyes to Rome which M. Attorney cannot bring for his assertion against the Pope so as in auncient common lawes we are now before him But let vs goe forward end this Demonstration 73. About thirty yeres after this againe King Edward the Confessor wrote to Pope Nicolas the second in these wordes Ego quâ— que pro modulo meo augeo c confirmo c. I also for some small gifte of myne doe encrease and confirme the donations of paying such money as S. Peter hath in England and doe send vnto you at this time the said money collected togeather with some Princely gyfts of our owne to the end that you may pray for me and for the peace of my Kingdome and that you doe institute some continuall and solemne memory before the bodyes of the Blessed Apostles for all the English-nation c. So good S. Edward 74. And when not long after him King VVilliam of Normandy obteyned the crowne he forgott not this law among the rest as afterward when we come to talke of him and his raigne in particuler we shall more at large declare For his tenth law in order hath this title De denario Sancti Petri qui Anglicè dicitur Rome-scotâ— of the Penny of S. Peter called Rome-scot in the English tongue And then he beginneth his law thus Omnis qui habuerit triginta denaâ—â— vinae pecuniae in domo sua de proprio suo Anglorum lege dabit denarium Sancti Petri lege DanoruÌ„ dimidiam marcam c. Euery man that shal hâ—uâ— the worth of thirty-pence of liuely money of his owne in his house shall by the law of English-men pay the penny of S. 〈◊〉 and by the law of the Danes shall pay halfe a marke And this penny of S. Peter shall be summoned or called for vpon the solemnity and feast of S. Peter and Paul and gathered vpon the feast of the Chaines os S. Peter so as it shall not be deteyned beyond that day c. thus the Conquerour in confirmation of that which other English Kings had done before him appointing also in the same place that his Iustice should punish them that refused to pay the said money or paid it not at the due day appointed 75. And to conclude this matter this tribute was continually paid from the first institution therof not only before the Conquest as now you haue heard but afterwards also by all the Norman Kings their Successours vnto King Henry the 8. as out of Polidor we haue seene And the same King Henry himself duely paid the same in like manner for more then twenty yeres togeather vntill he brake from the Pope and Sea of Rome vpon the causes which all men know Wherevpon this our Demonstration inferreth that all this while it is not likely they paying so willingly and deuourly this temporall tribute vnto the Popes of Rome that they denyed his spirituall iurisdiction or held him in that iealosie of competency for vsurping therby vpon their Crownes as now we doe And lastly that the supreme spirituall authority of Queene Elizabeth without any Act of Parlament was warrantable by these Kings lawes which is the mayne paradoxicall conclusion of M. Attorneys whole discourse against which we haue yet a Demonstration or two more so an end The nynth Demonstration 76. The nynth Demonstration then about this matter shall be the consideration of our English Kings their singular and extraordinary deuotion before the Conquest to the Sea of Rome which was such as diuers of them left their Crownes and Kingdomes after many yeres that they had raigned and ruled most gloriously at home and went to liue and dye in that citty some in religions habit and profession of Monasticall life as Kenredus King of the Mercians and Offa King of the East angles some in secular weed but of most religious deuout and exemplar conuersation as Inas and Ceadwalla Kings of the VVest-saxons some others went thither of deuotion with intention to retourne againe as the other great Offa King of the Mercians Adelnulph alfred and Canutus Monarches of all England and lastly good King Edward the Confessor had determined vowed a iourney thither in pilgrimage but that his Kingdome greatly repyninge therat in respect of the daungerous tymes two Popes â—â— and Nicolas decreed that he should not come as before we haue touched but rather bestow the charges of that voyage vpon some other good worke namely the encrease of the Monastery of VVestminster 77. And here I might enlarge my self much in the declaration of these particulers which we haue named and of many others that we haue omitted in this kind I meane of English Kings that leauing their temporall Crownes haue submitted themselues to the sweet yoke of Christ in religious life Iohn Fox in his Actes and Monuments doth recount nyne crowned Kings that became Monkes within the first two hundred yeres after Englands conuersion to Christian faith though all of them went not to Rome and some eighteene or twenty Queenes or daughters to Kings or Queenes that tooke the same course contemning whatsoeuer pleasures or preferments the world could giue them But of such Kings as went to Rome and made themselues religious there the foresaid Kenredus of the Mercians and Offa of the Eastangles were the most famous who agreeing togeather vpon the yere 708. as Florentins after S. Bede doth recount the history lest both their Kingdomes wiues children honours goods and the
iudge of such possessions as depend of legitimation we commaund your brotherhoods that leauing the iudgment of the said possessions to the King and his Courts you examine onlie the principall cause concerning the loialtie of the marriage it self and determine the same 43. Heerby then wee see first that M. Attorney alleadging this instance hath alleadged nothing at all against vs or for himself For that when the Earls and Barons refused to change the laws of England concerning inheritance vpon legitimation they said no more then is allowed them by the Canon-law it self as you haue heard And how will M. Attorney inferre of this that K. Henry the third held himself to haue supreme authority ecclesiasticall for that this must be his conclusion out of his instance or els he saith nothing 44. And it shall not be amisse to note by the way how these men doe vse to ouer-lash in their asseueratioÌ„s to help their feeble cause thereby By the auncient Canons and Decrees of the Church of Rome saith he the issue borne before solemnization of marriage is as lawfull and inheritable marriage following as the issue borne after marriage But this is not sincerely related For the Canon-law as you haue heard putteth diuers restrictions both in the persons to be legitimated and in the ends and effects whervnto they are legitimated as also concerning the Countries Kingdomes wherin they are legitimated Of all which variety of circumstances and considerations M. Attorney saying nothing his intention therin may easily be ghessed at And so much for this matter OF THE LIVES AND RAIGNES OF KING EDVVARD The first and second Father and sonne And what arguments M. Attorney draweth from them towards the prouing of his purpose CHAP. XI HAVING now come downe by orderly descent of seauen hundred yeares more of the raignes of our Christian English Kings shewed them all to haue byn of one and the self same Catholicke Roman religion comforme also in the point of this our controuersie about the acknowledgement and practise of the spirituall power and authoritie of the Sea Apostolicke in England concerning ecclesiasticall affaires And hauing declared the same so largely as you haue heard in three Henries since the Conquest of famous memory and authoritie aboue the rest and the last of them author also and parent of all Statute-law in our Realme we are to examine now in order three Edwardes lineally succeeding the one to the other and all three proceeding from this last named Henry Vnder which Edwardes and their ofspring M. Attorney preteÌ„deth more restraint to haue byn made in some points of the Popes externall iurisdiction then vnder former Kings which though it be graunted vpon some such occasions as after shal be shewed yet will you fynd the matter far shorte of that conclusion which he pretendeth to maintayne that hereby they tooke vpon them spirituall soueraingty in causes Ecclesiasticall You shall see it by the triall OF KING EDVVARD THE FIRST VVhich vvas the nynth King after the Conquest §. I. 2. When King Henry the third dyed his eldest sonne Prince Edward was occupied in the wars of the Holy land being then of the age of thirty three yeares who hearing of his Fathers death retourned presently homeward and passing by the Citty of Rome found there newly made Pope Gregory the tenth called before Theobald with whome in tymes past he had familiarly byn acquainted whiles he was Legate for his predecessor Vrbane the fourth in the said warrs of the Holy-land who receaued him with all honour and loue and graunted vnto him saith Stow the tenth of all Ecclesiasticall benefices in England as well temporall as spirituall for one yeare the like to his brother Edmund for an other in recompence of their expences made in the Holy-land Whervpon when the next yeare after the said Gregory called a generall Councell at Lions in France which was the second held in that place of aboue fiue hundred Bishops and a thousand other Prelates King Edward sent also a most honourable embassage thither both of Bishops and Noble-men 3. This King Edward beginning his raigne in the yeare of Christ 1272. continued the same for almost 35. yeares with variable euents For as he was a tall and goodly Prince in person high in stature and thereof surnamed Long-shanke so was he in mynd also no lesse war-like haughty earnest and much giuen to haue his owne will by any meanes whatsoeuer when once he set himself theron though yet when he was in calme out of passion he shewed himself a most religious and pious Prince 4. Of the later may be example among other things his speciall deuotion to the Blessed Virgin mother of our Sauiour which both Mathew VVestminster and VValsingham doe recount from the very beginning of his raigne doe coÌ„tinue the same throughout his life by occasion of many strange and miraculous 〈◊〉 from imminent dangers which himself ascribed to the said dâ—uotion and to our Blessed Ladies speciall protection Wherevnto may be referred in like maÌ„ner the piety of the said King shewed in diuers other occasions As first of all when in the first yeare of his raigne he voluntarily set forth published and confirmed the Great Charter made by his Father in fauour of the Church saying as in the said Charter is to be read Pro salute animae nostrae animarum antecessorum successorum nostroruus Regum Angliae ad exaltationem Sanctae Ecclesiae emendationem Regni nostri spontanea bona reluntate nostra dedimus concessinius c. We haue giuen and graunted freely of our owne good will this Charter for the health of our soule and of the soules as well of our predecessours as successours Kings of England to the exaltation of holy Church and amendment of our Kidgdome c. 5. And the like piety he shewed in many other occasions in like manner as namely when he being in his iourney with a great army towards Scotland and his wife Q. Eleanor daughter to King Ferdinand the third of Spaine surnamed the Saint a most vertuous religious Lady falling sicke dying neere the borders therof he leauing his course retourned backe with her dead body to London Cunctis diebus vitae suae eam plangebat saith Walsingham Iesum benignum iugis precibus pro ea interpellabat eleemosynarum largitiones Missarum celebrationes pro ea diuersis Regni locis ordinans in perpetuum procurans The King did bewayle this Queenes death all the dayes of his life and did by continual prayers call vpon mercifull Iesus to vse mercy towards her ordeyning great store of almes to be giuen for her as also procuring Masses to be said for her soule in diuers partes of the Kingdome 6. And moreouer in all the places where the said body rested as it came to London he erected great goodly crosses in her memory Vt à transeuntibus saith VValsingham
pro eius anima deprecetur that such as passed by seing that crosse might pray for her soule And moreouer in particuler Stow out of auncient recordes doth affirme the said King to haue bestowed two mannors and nyne hamlets of land vpon the monastery of VVestminster for the keeping of yearely obits for the said Queene and for money to be giuen to the poore in almes 7. I leaue to speake of many other such actions of his as that he procured amongst other things the solemne most honourable translations of the bodyes of three English saints in his dayes S. Richard Bishop of Chichester S. Hugh Bishop of Lincolne and S. VVilliam Archbishop of Yorke He consented also and concurred that Q Eleanor his mother should leaue her Princely state and dignity and to be veyled Nunne in the Monastery of Almesbury and enioy her dowry which was great that she had in England all dayes of her life which was also confirmed to her by the Popes authority saith Mathew VVestminster yea and soone after he consented in like manner that his owne dearest daughter the Lady Mary also to whom he had designed a great and high state by marriage should follow the like profession of religions life in the same monastery though in this later he had much more difficulty to wynne himself to consent thervnto then in the former 8. And finally this other act also may be added for a full complement of his piety when he was in good tune which is recorded by the said Mathew of VVestminster that liued at the same time and perhaps was present that in the yeare of Christ 1297. which was the tenth before he dyed being to passe ouer the seas towards his warrs and hauing extremely vexed his people both spiritualty and temporalty with heauy exactions for the same and in particular broken grieuously with Robert VVinchelsey Archbishop of Canterbury he being now ready to departe called all the people togeather vpon the 13. of Iuly before the great hall of VVestminster and there standing vp vpon a certayne scaffolde of timber the said Archbishop of Canterbury newly reconciled vnto him remaining on the one side and the Earle of VVarwicke on the other and his little Prince Edward before him Erumpentibus lachrymis saith our Author veniam de commissis humiliter postulauit c. the teares breaking forth he did most humbly aske forgiuenes of his subiects for all that he had committed against them confessing that he had not gouerned them so well and quietly as became a King to doe but had taken their goods from them c. Adding further and saying Beholde I go now to expose my self and my life to danger for you wherefore I aske at your hands that if I returne againe you will receaue me in the place that now you hold me and I shall restore vnto you againe all that I haue taken from you and if I returne not then take this my childe and crowne him for your King Whervnto the Archbishop weeping abundantly answered that it should be so and the people with crying out and casting vp their armes promised fidelity and obedience vnto his ordination So Mathew VVestminster And this for his piety 9. But of the other point of his peremptory and violent proceeding diuers times with his subiects there want not also many examples especially in exacting often and great subsidies at their hands for his warrs of France Scotland and VVales wherin he was continually imployed was the first King in deed that euer brought VVales to be wholy subiect to England Lecline the last Prince therof being taken and slaine and his brother Dauid likewise apprehended and put to death in London by the same K. Edward 10. Alexander also King of Scotland being deceased and all his issue extinguished K. Edward as chiefe Lord tooke vpon him to decide that controuersie for the succession and in the end determined the matter in fauour of Iohn Baliol Earle of Galloway against Robert Bruse Earle of Valenand that pretended the same And albeit the whole nobility and people of Scotland bound themselues by obligation which our historyes doe set downe to stand to the iudgement of the said K. Edward yet in the end they would not but assisted the said Bruse made recourse to Pope Boniface the 8. to prohibite K. Edward to proceed in that matter and to commaund him to surcease from his warrs against Scotland which they pretended to be in the protection of the Sea of Rome and finally after much bloudshed and infinite expences both in this Kings tyme and his successours the of-spring of Bruse preuayled in that Countrey 11. But now as I said in respect of these warrs and many necessityes theron depending K. Edward was forced greatly to presse his people with exactions and to make them forfaite and buy againe their libertyes especially that of Magna charta and of the Charter of Forrest which as voluntarily he set forth and published in the beginning of his raigne as you haue heard so afterward the same not being obserued vpon instant suites of his people and nobility and contributions graunted him for the renouation therof he confirmed it two or three tymes in his life as often reuoked the same againe vntill he had more money And last of all in the yeare 1307. which was the last of his raigne he sued to the Pope for a dispensation of his oath made in that behalfe to keepe the said Charters priuiledges affirming them to be made against his wil by force of his peoples importunity 12. We reade also that in the yeare 1278. and sixt of his raigne he did depriue many famous Monasteryes saith Mathew of VVestminster of their auncient accustomed libertyes namely among others the Monastery of VVestminster wherin he had receaued saith he both baptisme confirmation and coronation and wherin his Fathers and other his auncestours bodyes lay And moreouer in the yeare 1295. he vsed great violence to all Monkes and religious men that were strangers and had their Monasteryes buylded by straungers in England for he tooke their Monasteries and goods from them allowing only to euery Monke 18. pence a weeke for his mayntenaunce for a tyme the next yeare after he commaunded vpon the suddaine all the Monasteryes of England to be searched and all their treasure to be taken violently and to be brought to London to his Exchequer for the charges of his said warrs And two yeares after this againe the same King holding his Parlament at S. Edmunds-bury and demaunding a great contribution of his people the Clergy denyed it pretending a new commaundement and constitution lately made by Pope Bonifacius the eight wherby he did forbid vnder paine of excommunication that any such exactions should be paid by Ecclesiasticall men without consent of the Sea Apostolicke wherat King Edward being offended though he would not contradicte the said constitution yet he
ijs iustitia sicut de Laicis M. Attorney to aggrauate the Kings accorde and declaration ouer that of the generall Councell putterh it downe thus It is agreed and declared before the King and his Counsell that the same constitution shal be vnderstood in this wise Whereas the Latin speaketh in the present tense It is to be vnderstood nor hath it the words in this wise And where M. Attorney saith They shall not from hence forth be deliuered but iustice shall be executed vpon them as vpon other lay men those shalls b◠not in the Latin but rather that they may or must not be deliuered vnto Prelates but that iustice be done vpon them as vpon lay men So that herby you see the labour that M. Attorney taketh to draw a little water to his mill and yet that nothing commeth but puddle that driueth not but choaketh the same Let vs see his fourth instance whether it be of any more weight or moment than the rest The Attorney In an acte made at the Parlament holden at Carleile in the 25. yeare of the said King Edward the first It is declared that the holy Church of England was founded in the state of Prelacy within the Realme of England by the King and his progenitors c. For them to informe the people in the law of God and to keepe hospitality giue almes and doe other workes of charity c. And the said Kings in tymes past were wont to haue their aduise counsaile for the safe-guarde of the Realme when they had need of such Prelates and Clerkes so aduaunced The Bishop of Rome vsurping the signories of such benefices did giue graunt the same benefices to Aliens which did neuer dwell in England and to Cardinalls which might not dwell here c. in adnullation of the state of the holy Church of England desherison of the King Earles Barons and other nobles of the Realme and in offence and destruction of the lawes rights of this Realme and against the good disposition and will of the first founders It was enacted by the King by assent of all the Lords Communalty in full Parlament that the said oppressions grieuances and dammage in this Realme from thence forth should not be suffered as more at large appeareth by this Act. The Catholike Deuine 36. This Parlament of Carliele which M. Attorney ascribeth to the 25. yeare of King Edwardes raigne both in his latin and English columns I doe imagine to be an error in place of the 35. for that I fynde no Parlament held vpon the fiue and twentith in which yeare King Edward was partely in Scotland and partely in Flanders and there kept his Christmasse in the City of Gaunt But vpon the 35. yeare which was the last of King Edwardes raigne there was a Parlament helde at Carliel vpon the Octaues of S. Hilary In which Parlament there was such a declaration and complaint made as here it set downe that the Bishopricks and benefices being often giuen to strangers by the Popes prouisions who residing not in England nor keeping hospitality nor being able to preach or teach for that they wanted the English language the Church of England and poore people therof did suffer much inconuenience therby and for that the Bishopricks and Prelacyes of the said Church were founded ordinarily by Kings and Princes of the said land they said it was reason that they as Patrones should present English men to the same 37. And these complaints which now we haue heard began in diuerse former Kings dayes especially vnder King Henry the third and were continued vnder this man and his Successours but most of all vrged vnder King Edward the third and King Richard the second by whome greater restraints were made vntill the Sea Apostolicke and our Kings came to a certaine forme of agreement as in other countreys and Kingdomes also they did though in different sortes how benefices should be prouided to wit by election of the Deane Chapter in some and by Kings and Princes nominations in others as also by prouisions of Bishops in lesser preferments Wherein notwithstanding the said Sea Apostolicke retained diuers gifts to it self as in sundry countryes is seene at this day by vse and practice 38. Well then the States of England at this time said decreed that the abuses of bestowing English benefices vpon strangers were not to be suffered especially such as had byn newly brought in by one VVilliam Testaw sent thither out of France by Pope Clement the fifth for so testifyeth Mathew VVestminster that was then liuing whose words are these The King held a Parlament at Carliele wherein greater complains then euer before were made of the oppression of Churches and Monasteries and many extorsions vsed by one Maister VVilliam Testaw the Popes Clerke to whome commaundement was giuen by the assent of the Earles and Barons that he should not vse like extorsion for the tyme to come And moreouer it was ordeyned that for obteyning remedy certaine messengers there assigned should be sent to the Pope And the very self-same thing writeth Thomas VValsingam And this is all the remedy mentioned by these men to haue byn taken at that tyme to wit supplication to the Pope himself that he would put thervnto conuenient redresse which well declareth the respect borne to that Sea 39. And albeit this Statute here mentioned by M. Attorney may be supposed also to haue passed at that tyme yet may it appeare by the words of other Statutes after in the tyme of King Edward the third that the same was not put in vre vntill his dayes as in his life we shall shew more particularly And what maketh all this now for M. Attorney or what rather doth it not make against him For here the whole Parlament of Carliele acknowledginge the Popes spirituall authority as appeareth by their manner of writing vnto him complained of certaine abuses or excesses streching themselues in a certaine sorte as they pretended to temporall commodityes and sought remedy therof from himself And can any thing be more cleere against M. Attorney then this Surely at the barre he durst not for his credits sake pleade in this manner much lesse should he doe it in a booke wherin the speaches remaine longer to the view of the reader then doe fleeting words to the hearer at the barre But inough of this M. Attorney pleadeth well where he hath truth and substance for him in this cause both doe faile him and what then can he doe but cast shaddowes as here you see that he doth OF KING EDVVARD THE SECOND VVhich vvas the tenth King after the Conquest §. 11. 40. Much lesse is needfull to be said of this King then of the former both for that his raigne was shorter and much more troublesome in temporall affaires which gaue lesse place to spirituall and now also our Authors that were wonte to
note more diligently such matters doe in great parte faile vs. For that Mathew of VVestminster endeth with King Edward the first as the other Mathew Paris before him did with this mans father K. Henry the third and Roger Houeden before him againe with K. Iohn and VVilliam Nubergensis Petrus Blesensis before them with K. Richard â— VVilliam of Malmesbury Henry Huntington as also Florentius VVigorniensis with his continuance made an end of their historyes partly vnder K. Stephen and partly vnder K. Henry the first so as now downe-ward from this King Edward the second we shall only haue Raynulph of Chester and Thomas VValsingam for the most ancient writers of this time that doth ensue who yet are nothing so copious or diligent as diuers of the former 41. This Edward therefore second of that name and surnamed of Carnaruan for that he was borne in that towne of VVales when his Father lay with an army in those partes to reduce that countrey to subiection as he did who being of the age of twenty three yeares when his father dyed vpon the borders of Scotland in the yeare 1307. receauing two speciall things in charge saith VValsingam from his Father vnder paine of his curse The first that the should prosecute presently and end the enterprize began against Scotland before he went to London or procured to be crowned the second that he should not touche or waste but send to the holy land a certaine summe of money which his said Father had layed togeather for the assistance of that warr to the which he had purposed to goe himself in person if he had liued Wherevnto Iohn Stow addeth a thirde in these wordes His father charged him on his curse that he should not presume to call home Pierce of Gaueston by common decree banished without common consent c. Notwithstanding all these admonitions and threats this careles young Prince performed no one thing of the three but got himself presently into France and there was married in Bullen vnto Lady Isabell only daughter of Philip the fourth surnamed the faire King of France and in that marriage and triumphe therof spent the foresaid money which prospered afterwarde accordingly for that this marriage and wife was the cause and occasion not only of his ouerthrow and miserable ruine but of all the warrs in like manner that ensued for many yeares after betwene France England For that shee being the only daughter and heire as hath byn said to the King of France her sonne Edward the third in her title began first the said warrs which brought finally the losse not only of that which was gotten of new but of all the rest that we had before in France and shee taking a deepe disgust with her said husband for his disordinate affection to Pierce Gaueston whome presently after his fathers death he recalled from banishment the two Spencers and others misliked by her and the greater parte of the Realme shee finally after many troubles warrs insurrections and great store of Noble-men cut of and destroyed on both partes preuailed against the said King her husband and hauing on her side the authority of her young sonne the Prince and all his followers did put downe the said King depriued him of his crowne sett vp her young sonne in his place committed the other to prison where soone after he was pitifully murthered And these are the varietyes of worldly fortunes these the frailtyes and vncerteintyes of earthly Greatnes And where King Edward placed all his pleasure from the same spring issued forth the beginning and progresse of all his miserie 42. But as for his religion and iudgement therein notwithstanding all other his errours in life and behauiour that it was constantly Catholicke according to that which he had receaued and inherited from his Ancestours no doubt can be made at all For that the whole State of his realme touching Ecclesiasticall affaires remained as he found it and as it had continued in the tymes of his progenitours and that the Bishops of Rome had generall authority ouer England in his dayes not only in meere spirituall iurisdiction which all the Bishops of England professed to receaue from him but also in externall disposing when he would of Bishoprickes and other Prelacies notwithstanding all the complaints made in his Fathers and Grand-fathers tymes about that matter may be made euident by many examples 43. For first we reade that in the yeare 1311. when Pope Clement the fifth in a Councell at Vienna in France vpon many graue and vrgent causes as was pretended alleadged did put downe the whole order of knights called Templarij for that their first institution was to haue care to defend the Temple of Ierusalem against infidells and did appoint their lands which were many and great to be giuen to an other newer order which then begun named Hospitalary for that they had the care of the hospitals wherein Pilgrims were receaued which now are the knights of S. Iohn of Malta albeit this matter were of such importance and consequence for that the persons were many and of nobility and their possessions great as hath byn said yet was that Decree obeyed in England without resistance and the persons depriued and put to perpetuall pennance in a Councell at London anno 1311. and their said lands and goods giuen to the other sorte of knights and confirmed by Parlament in London 13. yeares after to wit in the yeare of Christ 1324. which was the 17. of King Edwards raigne as VValsingam and others doe testifie which well declareth what the Popes authority was at that day in England 44. Againe we reade that in the yeare 1319. which was the 12. of this Kings raigne great warre being betwene England Scotland King Edward had procured that Pope Iohn the 22. should send two Cardinall-Legates into England to examine the matter how it stood and to punish by Ecclesiasticall Censures that party that should be found stubborne and repugnant to reason Wher vpon finally hauing heard both sides and finding Robert Bruse King of Scotland to haue offered iniuryes to the King of England they pronounced sentence of excommunication against him and put the whole Kingdome vnder interdict For releasing wherof the said King Robert and the State of Scotland 4. yeares after sent a solemn embassage to the Pope to wit the Bishop of Glasco Earle of Murray which being vnderstood by King Edward he sent also a messenger on his behalfe to contradicte the same And albeit him Embassadour saith our Story in dignity were but a simple Priest yet so many reasons and accusations he alleadged against themâ— or K. Edward and his câ—uâ—e as the Scottish Embassadours â—â—ld obteyne no release at that time And this for the Popes auâ—â—â—â—â—â—y in those dayes for publicke affaires 45. But as for priuate matters of England especially the disposing of Bishoprickes confirmation inuestitures of all Bishops 〈◊〉
as you haue heard And some cause might be also of this speciall commission for Iudges and Iustices to assist Bishops and so no doubt it was for that the said Lollards and VVickcliffians had not onlie been troublesome and daungerous to the State vnder the raignes of King Richard the secoÌ„d and Henry the 4. but vnto the person and life of this man also some moneths before this Statute by conspiring his death and raising a daungerous rebellion in S. Giles field by London as both VValsingham and other authoâ—s doe reporte and therefore no maruaile though authoritie be giuen as heer is said that the Sheriffes and other Officers maie aâ—â—est apprehend them and what maketh this for M. Attorneys purpose 25. But further I cannot but maruaile at his note in the margent Lollardy saith he is of lolio which signifieth Cockle for as Clockle is the destruction of the corne so is heresie of true religion and then doth he bring in two seuerall verses the one of Virgil and the other of Ouid about lolium shewing himself thereby a good grammarian though yet in the thing it self he was much deceiued For that Lollards and Lollardy being a particular sect of hereticks are not deriued from the latin word Lolium signifying cockle or darnel as the verie deriuation it self might easily shew but of the first author therof named Gualter Lolhard a German about the yeare of Christ 1315. as Tritemius in his Cronicle declareth and is larglie shewed in a booke some yeares past set forth in our English tongue by a Catholike writer which if M. Attorney had read he might easilie haue auoided this grosse mistaking From which also I maruaile that his affectioÌ„ to the men had not somewhat with-held him for that they were of his religion not cockle but good corne if wee beleiue his great historiographer and deuine Iohn Fox who setteth them out not onlie for good Christians but for Saints and martyrs in his bookes of Martyrologe Acts and Monuments But thus these men agree togeather Out of the raigne of King Henry the sixt the fiftenth King after the Conquest §. III. 26. Out of this Kings raigne which endured most Catholiklie for neere 40. yeares though vnfortunately through wars sedition and broiles of the Realme M. Attorney findeth onlie these three poore instances ensuing The Attorney Excommunication made and certified by the Pope is of no force to disable any man within England and this is by the auncient Common laws before anie Statute was made concerning forraine iurisdiction The King only may graunt or licence to found a spiritual incorporation In the raigne of K. Henry the 6. the Pope wrote letters in derogation of the King and his regalty and the Church-men durst not speake against them but Humfrey Duke of Glocester for their safe-keeping put them into the sier The Catholicke Deuyne 27. To the first hath been answered diuers times before that it appeareth to haue been an agreement at that tyme in England that the Popes Bulls of excommunication should not bee published by particular men but with the certificate of some Bishop for more authoritie c. as it is now also vsed in diuers Catholicke CouÌ„tries for auoiding the fraudes and practice of particular inquiet people that by false suggestions get Buls c. But that this was by the auncient CommoÌ„ laws before anie Statute made hath no probabilitie at all as by the whole Course of our auncient Catholicke Kings hath been declared And it groweth now somewhat loathsome and ridiculous to see M. Attorney runne so often to this common Chymera of auncient Common-lawes without shewing any or any likeli-hood that any such were or could bee in auncient tymes amongst our auncestors for that their religion deuotion sense and iudgement ran wholy to the contrary in those dayes Whervpon it followeth as often we haue said that if a Common-law could not be made admitted or authorized without some common consent of Prince and people it is vnpossible that such common laws should then bee as M. Attorney doth frame heer to his fansie vpon euery occasion that pleaseth him 28. That the King onlie maie graunt licence to found a spirituall incorporatioÌ„ maie bee vnderstood in two sortes First that the said incorporation cannot bee made or erected within his dominions or founded with lands goods or rents without his leaue and licence and this wee denie not Secondlie that the said spiritual incorporation should haue her spiritualtie from the King that is to saie her spirituall and ecclesiasticall priuiledges of being such an incorporation belonging to the Church And this wee haue seen by the practice of all times in England both before and after the Conquest to haue been euer sought and receiued from the Sea Apostolicke wherof wee haue a particuler demonstration set downe before in the 6. Chapter of this our Answere 29. The last which he obiecteth of the fact of Humfrey Duke of Glocester that cast as he saith the Popes letters into the fire for their safe-Keeping is rather a iest than an argument And I maruaile M. Attorney a man of his degree would bring it forth and print it also for an argument whether the thing be true or false For if it fell out as heer is noted in the margent vpon the first yeare of King Henry the 6. his raigne when the King was but eight moneths old and the said Duke his vncle Gouernour of the Land and in his cheifest ruffe who afterward came thereby to soe pittifull a ruine both of himself his freinds and the Realme euerie man maie see what force this iest maie haue which yet I haue not read in anie other author besydes M. Attorney and so to him I leaue it OF THE RAIGNE OF FOVRE ENSVING KINGS TO VVIT Edward the fourth Edward the fifth Richard the third and Henry the seauenth And how conforme they were vnto their auncestours in this point of controuersie which we haue in hand CHAP. XIIII THe line of Lancaster being put downe and remoued from the Crowne by the depriuation and death of K. Henry the 6. and his sonne as before you haue heard there entred the howse of Yorke with no lesse violeÌ„ce of armes and effusion of bloud but rather more then the other familie had done before by taking to it self the Crowne from the head of K. Richard the 2. For that Edward Duke of Yorke by dint of sword inuesting himself of the scepter by the same maintained it though with much trouble feares iealousies for the space of 22. yeares and then thinking to leaue it quietlie to his sonne Edward the 5. though with protestation and oath at his death as Syr Thomas More recordeth that if he could as well haue forseene the vanitie of that ambition as now with his more paine then pleasure he had proued he would neuer haue wonne the curtesie of mens knees with the losse of so manie heads
all appeals in causes Ecclesiasticall to the Court of Rome reducing all spirituall authority of determining the same vnto the body spirituall of the English Clergy for so the words of the statute are The body spirituall of the English Church saith he hauing power when any cause of the law diuine happened to come in question or of spirituall learning c. to declare and determine all such doubts to administer al such offices duties as to their roomes spiritual did appertaine without the intermedling of any exteriour person or persons c. Wherby it appeareth that by this Statute he reduceth all spirituall power to a certaine community of the Ecclesiasticall body of England but in the second Statute that followed in the yeare after against suing for licences dispensations facultyes graunts rescripts or delegacyes to Rome he seemeth to establish all authority in the Archbishop of Canterbury that was then Thomas Cranmer newly made by himself for allowing of his marriage with Lady Anne Bullen for so he saith in the statute That the Archbishop of Canterbury for the tyme being and his successours shall haue power and authority from tyme to tyme by their discretions to giue graunt and dispose by an instrument vnder the seale of the said Archbishop vnto the King and vnto his heirs successours Kings of this Realme as well all maÌ„ner of such licences dispensations compositions facultyes graunts rescrips delegacyes instruments and other writings for causes not being contrary or repugnant to the holy scriptures and lawes of God as heertofore had byn vsed and accustomed to be had and obtained by the King or any his most noble progenitors or any of his or their subiects at the Sea of Rome or any person or persons by authority of the same c. 12. Lo heer King Henry giueth authority to the Archbishop of Canterbury to giue vnto him to wit to King Henry himself and his successors Kings of England and their subiects all dispensations which they were wont to â—â—ke and obtaine at the Popes hand so as heer he acknowledgeth that in former times that authority belonged to the Pope and that his auncestors and progenitors were of that opinion but that now he being offended with him he would take it from him and bestow it vpon the Archbishop of Canterbury subiecting himself and his inheritours to aske and obtaine the said dispensations at his hands and his successours which was as you see to make Archbishop Cranmer Pope and not himself for this yeare as the whole body of the English Clergy was for the yeare past 13. And wheras it is euident that King Henry gaue this authority to Cranmer for dispensing c. to the end he should dispense with him for marrying of the said Lady Anne Bullen it seemeth strange that he would vse this so ridiculous circuyt as first to giue authority by Parlament to Cranmer to be able to dispense with him to wit with King Henry the giuer and would not take immediatly either by himself or by Parlament authority to himself to dispense with himself But it is well seen that he had some remorse or shame-fastnes therin at the first beginning though the very next yeare after he amended the matter or rather made it worse by assuming it to himself For calling another Parlament vpon the 26. of his raigne he made the first Statute of all with this Title An act concerning the Kings Highnes to be Supreme head of the Church of England and to haue authority to reforme and redresse all errors heresies and abuses in the same Wherby you may see what gradation was vsed in this matter or rather mistery giuing this power first to the Community of the English Clergy secondly to the Archbishop of Canterbury and thirdly to himself and all this in three distinct yeares immediately following one the other 14. And now if mens euerlasting saluation must depend vpon these mutations of spirituall iurisdiction as no doubt they did in thousands of our Countrey at that tyme and if the eternall wisdome of our Sauiour Christ hath left no more certainty for direction of our soules by spirituall gouernement and authority then this of our English Parlament which changeth so often and easely as you haue heard vpon euery Princes particuler inclination then are we doubtlesse in a pittifull plight for that as hath byn declared before of the certainty of this spirituall power for binding or loosing of our sinnes for SacrameÌ„ts instructions directions and all other spirituall helps and assistance in this life dependeth the surety of our euerlasting saluation or damnation in the life to come 15. But to goe forward a little further in this matter now we haue King Henry head of the Church and M. Attorney no doubt is glad therof for helping of his cause though it help it but little or nothing at all it being the first example that euer could be giuen therof in England or elswhere throughout the Christian world and so much the more to be misliked if we beleiue Iohn Caluin in his sharp reproofe of this attempt which he calleth Tyrannicall Anti-Christian But M. Attorney perhaps will not care for Caluin or Beza or any of their followers in this point for that it maketh not to his purpose Well then he must notwithstanding graunt this in all reason that if this supreme authoritie spirituall was wel and rightly and by gods direction spirit and allowance taken vpon himself by King Henry then is it likely that he was guided also by the same spirit afterward in making his decrees laws and ordinances for directing and gouerning the English Church by that authority and especially for reforming and redressing of all errors heresies and abuses therin according to the speciall title of his said authority before set down wherof it followeth that when vpon the 31. yeare of his raigne which was fiue after the said authoritie giuen him hee calling a Parlament determined six mayne and principall articles of protestant religion to bee heresies to witt The deniall of the reall presence of the communion vnder one kind only That Priests may marrie That vowes of chastitie may bee broken That priuate masses are not lawfull That sacramentall or auricular confession is not necessarie appointing them that should hould any of these heresies so coÌ„deÌ„ned by him to be burned as notorious hereticks it followeth I say that this was decreed by him out of the same spirit and direction of god for that otherwise his Ecclesiasticall supremacy had byn to small purpose if there were no certainty in his determinations or that God would permit him to erre so grosly in so importaÌ„t a busines as this was for the whole Church of England so soone after he had ginen him his said supreme authoritie Ecclesiasticall 16. And that this was done by him against the Protestants with great deliberation consultation aduise maturity in the fullnes of his power Ecclesiasticall appeareth
the memorie of Queen Marâ—e without mentioning her at all so could I haue done also but that my purpose is to passe through the raignes of all our Princes without ouerpassing of anie And it maie serue also to our purpose to consider therby the broken and interrupted succession of this new headshipp in the Father sonne and daughters For as the Father by his Act had contradicted all his auncestors Kings of England before him from the beginning of their Conuersion vnto his daies so his sonne though succeeding him in the participation of that act yet contradicted him in all the rest that hee decreed touching matters of religion by vertue of that headshipp after him then came th' elder daughter who coÌ„tradicted them both and restored all to the auncient state againe wherin it had coÌ„tinued throughout the race of al her auncestors progenitors of England and Spaine for a thousand yeares and more So as heer M. Attorneys prescription can bee verie small for so much as his whole thrid therof was broken and cut of by Q. Marie and consequently he must begin againe with Q. Elizabeths raigne as the fountaine of all his deduction 32. And for so much as Queen Marie hauing as a deuout obedient and Catholicke Princesse returned al things belonging to religion to their auncient state and coÌ„dition wherin her Father found them and her Grand-father left them shee repealed and mortified all such Statutes of innouations and new deuises as shee found to haue been made vpoÌ„ anie occasion or fansie what soeuer during the time of her said Father and brother reducing her self in obsequium fidei to the humble obedience of that only faith which had been held and practised in Christs vniuersall Church and namely also in England from the beginning vnto her said Fathers daies punishing likewise diuers of the heads and authors of those new innouations and alterations that had been made and mamely and aboue others the chiefe author and instrument of all Thomas Cranmer Archbishop of Canterburie who entring Catholikly as was thought into that dignity was the first Archbishop that euer failed or dissented in his faith froÌ„ the rest or from the obedience and subordination to the Sea Apostolicke and so by gods iudgmeÌ„t came to bee a stange example of a miserable end to bee burned publikly for his heresies and for that in particular against which his noble and learned predecessours Lanfrancus Anselmus and other Archbishops of Canterburie had foughten most famously aboue other learned men when it first sprang vp in Berengarius the first author and inuentor therof in the daies of VVilliam the Conquerour I meane the deniall of the Reall presence in the blessed Sacrament which of all other heresies was most hatefull vnto him for whose sake Cranmer first of all declined to schisme and heresie I meane King Henry the eight yea and to himself also for a tyme after the others death as may appeare by the foresaid first Statute made cheifly by his authority in the first yeare of King Edwards raigne in fauour of the said Reall presence against the Sacramentaryes 33. All which being so euery man may behold what ground or certainty there was in those dayes or is now for men to leave the Catholicke knowne religion and cast the saluation of their soules vpon such alterations as these were For that after Queen Mary who had restored all to the auncient state as hath byn said came her younger sister Queen Elizabeth a Lady of some fiue and twenty yeares of age who by little and little altered all againe agreeing in all points neither with the one nor with the other neither with them that had made the former alterations but brought in a new and distinct forme and fashion of beleiuing worshipping God peculiar to it self in diuers points and differing from all in some Of which innouation by the said younger sister against the elder they being the only two Queens that euer haue raigned in their owne right within our land since the beginning of Christianity we shall now passe to speake a few words and so end this whole discourse of our English Princes and their religion Of the raigne of Queen Elizabeth who was the three and twentith Princesse after the Conquest and last of King Henryes race §. v. 34. This Lady being the daughter of King Henry and Queene Anne Bullen comming to raigne after the foresaid Queen Mary her sister was persuaded to resume and take to her self that supreme spirituall power and iurisdiction which Queen Mary her elder sister had refused and caused to be restored to the place and persons from whom it was taken by her Father and brother And I say she was persuaded therevnto for that it is the opinion of many men that knew her and conuersed with her both before and after her entrance to the Crowne that she had neither great desire to take it at the beginning nor opinion that she might doe it but only that she was told it was necessary to her present state at that time in regard of diuers Popes sentences past against her legitimation the lawfullnes of her Parents marriage and the pretense of the Queen of France and Scotland at that tyme vpon 〈◊〉 supposed desect to the Crowne of England as due to her â—â—ough the others illegitimation 35. For remedy of all which it was made a matter necessary that she should take the said authority Ecclesiasticall from the Pope and Sea of Rome and place it in her self especially when by negociation of some that desired the change it was brought about that the ParlameÌ„t should offer it vnto her vnder this plausiâ—â— Title of An Act for restoring to the Crowne the ancient iurisdictioÌ„ of the 〈◊〉 Ecclesiasticall and spirituall and the act it self so cunningly and â—â—â—ertly penned as before hath byn said as throughout the same â—â—re is not found so much as once mentioned or named The head of the Church which euery-where is iterated vrged in the Statutes that gaue the same power to her Father and brother but in steed therof commeth in the deuise before mentioned of Supreme Gouernesse with authority to visit reforme correct errors heresies câ—â—ses c. And al this for sweetning the matter as a man may say to this Lady at the beginning who besides the other reason of Caluins mislike reprehension therof before mentioned in King Henry the eight had little opinion or appetite of the matter in those dayes not being ignorant for that she was of excellent wit how strange a thing it would seeme in the world to haue one of her sex Supreme in sacred and Ecclesiasticall matters iâ— ijt â—ua sunt ad Deum to vse S. Pauls words in this case that is to say in those things that are to be handled with God for men or between God and man 36. But being tolde by some in good sadnes at that time and M. Attorney offereth to stand to it
Power and the author therof c. 2. n. 2. Power spirituall and temporall and the different endes therof cap 2. n. 3. 4. deinceps per totum caput Power spirituall of the Church and pastors therof cap. 3. n. 10. Power spirituall more eminent than temporall cap. 2. n. 19. Premunire and the first beginning of that law cap. 12. n. 11. Priuiledges and franquises of Churches and monasteryes procured from the Pope cap. 6. n. 37.38 deinceps Priuiledges of the Abbey of Euesham cap. 6. n. 42. Of the Abbey of S. Albans ibid. n. 43. Priuiledges of Glastenbury-Abbey from Rome cap 6. num 45. Priuiledges of VVestminster procured by K. Edward the Confessor cap. 6. num 47. Priuiledges of Ecclesiasticall men in temporall courtes cap. 7. n. 18. alibi saepissimè Promotion of strangers to Ecclesiasticall dignityes in England cap. 10. num 21. 22. cap. 11. num 36. The inconueniences therof to Englishmen ibidem Protestants doctrine condemned by K. Henry the 8. cap. 15. num 15. Prouisions against bribing at Rome cap. 13. n. 21. Prouisions of Ecclesiasticall liuinges in England made by the Pope c. 12. n. 5. The CoÌ„plaintes therof by Englishmen ibidem The continuance of the same in England cap. ibid. n. 9. AgreemeÌ„t therabout made betweene the Pope and the Kinge cap. ibid. n. 21. Q. Queene Eleanour Mother to K. Richard the first her iorney to Sicily cap. 9. num 29. Her returne by Rome and busines there with the Pope ibid. num â— Her complaintes and petition to Pope Celestinus ibid. num 39.40 41. Queene Elizabeths spirituall authority giuen her by Parlament cap. 3. num 3. 4. The inconueniences and absurdityes that follow therof ibid. n. 4. 5. 6. cap. 4. num 27. Her singularity in that point ibidem num 28. Her supremacy mistiked by Protestants Puritans cap. 4. num 41. 42. 43 44. 45. 46. 47. 48. Causes that moued her first to accept of the Supremacy cap. 15. num 35. 36. Her conferenâ—e vvith Syr Fran. Inglefield ibid. num 37. Item with the Count of Feria the Spanish Embassadour ibid. num â—â— Her protestation about the Real-presence in the Sacrament ibidem n 39. Her ConfereÌ„ce with Mounsieur Lansacke the French Embassadour ibidem num 41. Her owne inclination towards Catholicke Religion ibid num 42. How she vvas drawne to great extremes and cruelty against Catholicks cap. 15. num 43. Queene Mary her raigne cap. 15. n. 3â— Her restoring of Catholicke Religion in England cap. 15. num 31. 32. R. Reasons that shew william the Conrour to haue alwayes acknowledged the Sea of Rome cap. 7. num 8.9.10 deinceps Recourse to Rome presently after Englands Conuersion about Ecclesiasticall affaires cap. 6. num 10,11 12. Recourse to Rome by the Kinges of England and Scotland in their greatest Controuersyes cap. 11. num 44. Recusancy of Puritans and the first cause therof cap. 16. num 5. Recusancy of Catholickes from the beginning of Q. Elizabeth raigne cap. 16. num 7. Reformation of the English Clergy by King Henry the 7. cap. 14. num 15. Reliques sent to King Osway of NorthumberlaÌ„d by Pope Vitalianus c. 6. n. 24. ResignatioÌ„ of inuestitures by K. Henry the first cap. 8. num 14. Restraintes of exercising the Popes Authority in England and how the same vvere first made cap. 2. num 41. cap. 10. num 25. cap. 12. num 35. King Richard the first his raigne c. 9. num 22. 23. deinceps His misfortunes ibid. num 23. His behauiour and oath at his Coronation ibid. num 25. His voiage to Ierusalem ibid. num 26. 27. His kingdome commended to the Popes protection ibid num 27. His mother sent from Rome to Sicily ibid. num 30. His letter to Pope Clement the 3. ibid num 31. His captiuity in Austria ibid. num 38. K. Richard the second his disorders cause therof cap. 21. num 42. His confirmation of Church-libertyes ibid. num 43. His obedience to the Church-Censures ibid num 47. S. Sanctuary graunted by the Pope to S. Iohns Church in London cap. 14. num 9. Denyed by the temporall iudges ibid. num 10. Scruple of Conscience vrged vpon M. Attorney cap. 16. num 14. Sectaryes not any vvay compared to Catholickes vvhy c. 1. n. 13.14 15. Sectaryes their vayne comendation of Truth cap. 1. num 16. Singularity of knovvledge in heretickes cap. 1. num 5. 6. 7 Statute in Parlament for giuing spirituall authority to Q. Elizabeth cap. 3. num â— â—â— â— 19. The absurdityes that therof ensue ibid. num 5. 6. 7. num 19.20 21. 23. 24. Statutes of K. Henry the 3. in fauour of the Church cap. â—0 num 27. Statute of Merton made by K. Henry the 3. cap. 10. num 39. Statute of Bigamy anno 4. Edouardi 1. cap. 11. num 30. Statute of Carliele made in the raigne of King Edward the first c. 11. n. â—9 Statute against Lollards cap. 13 n. 22. 23. Statute for reformation of the Clergy cap. 14. num 15. K. Stephen his raigne ouer England cap. 8. num 25. His oath for the libertyes of the Church ibid. num 27. His inconstancy by euill counsaile ibid. num 28. His violence vsed against Clergy-men ibid. His citation and appearance before the Bishops ibid num 31. Stigand Archbishop of Canterbury deposed cap. 7. num 9. Strangers their promotions to Ecclesiasticall dignityes in England and inconueniences therof cap. 10. num 21. 22. 23. cap. 11. num 36. Remedyes sought therof from the Popes of those tymes ibid. num 38. Supremacy Ecclesiasticall not possibly in a woman cap. 4. num 26. 27. Supremacy assumed first by K. Henry the 8. cap. 15. num 13.14 15. Also by K. Edward the 6 ibid num 26. Item by Q. Elizabeth ibid. num 34.35 36. 37. Suppression of the kinghtes of the temple cap. 11. num 43. Synne of heresy how great and greiuous cap. 16. num 26 27. T Tenantes of the Church priuiledged  A straÌ„ge attempt to impugne Catholicke religion by Catholicke Princes lawes in EnglaÌ„d The importance of M. Attorneys Plea The singularity of M. Attorneyes paradox Ciâ— Tuscul q. 3. M. Attorney chalenged of his promise The Author promiseth all modesty in this answere M. Attorney bound in conscience and honour to enforme a nevv his Maiesty * M. Garnet M. Attorneyes ouerlashing in speech Math. 5. Math. 12 The Diuelâ—s sinnes in â—â—pting Adam M. Garnetts case Hovv things heard in confessioÌ„ may not be vttered by Catholick doctrine A partition not afterward performed M. Garnet an honest man by M. Attorneyes warrant M. Attorneyes wit in making a bloudy law to be a sweet lavv About Equiuocation About the antiquity vniuersality of the Protestant Church A straÌ„ge discourse of M Attorney about his Church * Many all 's A theologicall argumet for the Roman Church Mar. vltimo Iâ—an 14. 10. Mat. 10. 1 Timo. 3.
Attorneyes coÌ„â—onlie are presumed to haue vvho must speake â—o the purpose hovvsoeuer it be to the truth And â—â— it vvell appeared in that arraignment vvherof â—e novv treat but intend to proceed no further â—â—erein for that the prisoner himself ansvvered this point sufficientlie at the barre as also to the Lordes before in the tovver and a more large discourse maie be made therof hereafter if neede shall require 19. As for your other article about the Antiquity and continuance of your Church a man maie easily see that you sought an occasion to bring it in by making an obiection on the behalfe of Iesuitts against the same and thereby to shevv your skill in ansvvering They hold their religion saie you to be the old Religion where ours is the new confyned to England where on the contrary side their Religion is vniuersall and embraced in the greatest part of this Christian worlde And thus for the maintenance of their rotten Religion doe they seeke to disgrace and blemish our Ghospell But good syr if your ghospell be that of the foure Euangelistes novv receaued vve pretend that it is as much our ghospell as yours and more also for that you receaued it from vs and vpon our Churches credit and for that you call rotten Religion if euer it vvere Religion then neuer can it rott except you put no difference betvvene apples and religion But let vs heare hovv you vvill ansvvere this obiection in your ovvne vvordes as they came set dovvne vnto me from your ovvne mouth 20. But to this saie you I will answere that if our Ghospell be as ancient as Luther it is more ancient then the Iesuitts are though not I trovv then Iesuitts religion albeit it be not conteyned in these narrow limitts of place nor bands of time which they feignedly imagine hauing byn euer since the time of Christ and his Apostles For we doe not deny but that Rome was the mother-Church and had thirty two virginall martyrs of her Popes a-row so continued til in succeeding ages it brought in a masse of errors and idle ceremonyes But you will aske perhaps where our Church lurked before Luthers coming for some hundreds of yeares But I say it makes no great matter where it was so that I â—m certaine it was for as a wedge of gold if it be dissolâ—ed and mixed with a masse of brasse tinne and other metalls doth not loose his nature but remaineth gold still although we cannot determine in what part of the masse it is conteined but the touch-stone will fynde it out so though our Church hath euer byn since Christes time in the vvorld yet being mixed and couered vvith innouaâ—ons and errours vve cannot tell in vvhat part it vvas And I dare say that it is novv more extended then theirs â— for vve haue all England all Scotland all Germany al Denmarke a great part of France al Poland some part of Italie These are your vvordes if the Relators haue byn exact in setting them dovvne as they saie they haue byn And then is there â—o maruaile though you impugne so much the doctrine of scrupulous reseruation of true sense in ambiguous speeches vvhereas so manifestlie you ouer-lash in all those periods vvhich heere you haue layed before vs. 21. But to the matter it self about the Antiquity Continuance Succession Visibility and Assurance of the Church vvhereas you graunt that the Roman Church vvas the true mother-Church from the beginning and had two and thirty virginall martyrs for so you call them for her Popes one after the other vvithout interposition of anie one Bishop that vvas not martyr for more then the space of three hundred yeares you graunt vs so much in this assertion if it be vvel considered as it vvill be hard for you to take it from vs againe aftervvard in your sequent negation vvhich I shal shevv you brieflie by tvvo conuincing Arguments the one Theologicall the other Morall 22. The first is that if the Church of Rome vvas the true mother-Church of Christ and Christian religion for so great a space as you assigne then no doubt vvere all the predictions and promises of Prophets for the greatnes eminency honour certeyntie florishing perpetuitie of the said Christian Church fulfilled in her Christes peculier promises in like manner that he would be vvith her to the end of the vvorld that the holy ghost should lead her into all truth that hell-gates vvhich properlie signify errours and heresies should neuer preuaile against her that she should be the piller and foundation of truth all men bound to obey and beleeue her vvas â—eant also performed in this Roman-Church for three hundred yeares and more and promised â—â— be performed to the end of the vvorld vvherof â—â—sueth that either God is not able to performe what he promiseth for of his vvill there can be no doubt seing he hath promised or else it cannot vvithout impiety be conceaued and much â—â—se beleeued that this Roman-mother-Church so â—â—anted in the beginning by Christ and his Apoâ—â—es bloud and so vvatered for three hundred yeares togeather by the bloud of all her Bishops â—â— spread ouer the vvorld as S. Paul of his ovvne time testifyeth that her faith religion vvas and aftervvard all Ecclesiasticall histories vvithin the time prescribed after doe declare that all other Churches commonly at least-vvise of the vvest-world vvere her daughters by foundation our â—reat-Britany among the rest it is impossible I say to imagine vvith piety hovv this Queene of the vvorld hovv this florishing Church hovv this golden vvedge to vse your ovvne similitude should so be dissolued mingled vvith brasse tinne copper other such contemptible mettalls vvhich you cal Errours innouations as that her Religion should become rotten according to your phrase her self in steed of being the true kingdome inheritaÌ„ce spouse of Christ become his enemy his aduersary an aduovvtresse and the verie povver of Sathan himself against him as you M. Attorney doe make her 23 Hovv I praie you can this be thought by vvhat reason or probability maie it be imagined vvhen hovv by vvhat meanes might this metamorphosis be made The very next age after the forsaid Martyr-Popesliued S. Augustine vvho reciting the said Popes and their Successors vnto his daieâ— called them all holy vvithout distinction and by their lineal succession in the said Church of Rome did persuade himself to haue demonstrated the truth of all Catholicke Religion as vvell in Africa vvhere he vvas as throughout the vvhole vvorld against all heretickes 24. And after him againe liued in the same Sea as Bishops thereof S. Leo and S. Gregory both of them surnamed Great in respect of their great sanctitie great learning and famous acts and vvith them and after them concurred and suceeeded in other Christian Churches of the vvorld as Fathers and Doctors S. Maximus S. Prosper Vincentius Lyrinensis S. Gregory of Tovvers S. Fulgentius S.
inuisibilitie in those ages but novv she is become visible in our daies Nay you doe set her forth vvith so great an enlargement of greatnes and glorious apparence as you say she is more extended now then ours For that quoth you vve haue all England all Scotland all Germany all Denmarke all Poland a great part of France and some part of Italie VVherein your large extension of your Church in this second parte of your Relation if vve could beleeue you is no lesse strange then vvas your restriction of her secresie and inuisibilitie in the first For vvho vvil graunt you al England for Protestants vvhen they shall see so many prouisions made against both English Catholickes Puritanes vvhich later part of men as vvel as the former that they caÌ„not make one Church vvith you shall preseÌ„tlie be shevved in the Preface of this vvorke 30. Hovv you haue all Germany for youres there being so manie religions and the greatest parte Catholicke and other different Sects greatlie disagreeing from you I knovv not by vvhat figure you can make your Reader to beleeue that you speake truth The like I saie of Denmarke vvhere al are Lutheranes and not of your Church nor vvill it admit Caluinistes to dvvell or dy or be buried amongst them Of all Poland it is a notable hyperbole for so much as both the King â—â—d State professe publicklie the Catholicke reliâ—â—on and the Sectaryes that are in that kingdome â—â—e Trinitarians Arrians Anabaptists more perhaps â—â—nuber then Caluinistes I marueile you omitted â—â—ecia and Noruegia vvhere as they are not Cathoâ—â—â—kes so are they not of your religion or Church 〈◊〉 nor those of France neither though they be â—â—luinistes for as for your some parte of Italie I â—old to be no parte at all nor vvas it anie thing â—se but a certaine ouerflovving of your speach to â—ake the full sound of a greater number the Proâ—â—stants of France I say cannot make one Church â—â—ith you as neither those of Scotland vvith the residue of Holland Zealand and other of â—â—ose Prouinces vnited of Geneua as their Moâ—â—er-Church these I say being all Puritanes â—â—d Precisians cannot make any Church vvith â—ou in that vnion of faith and doctrine vvhich â—â—e vnity of a Church requireth as by your and â—â—eir ovvne confession vvritinges testimonyes â—â—d protestations is extant in the vvorld to be â—â—ene Wherefore I shall desire the intelligent Reaâ—â—r to make vvith me a briefe recollection about â— Attorneyes doctrine for his Church First he â—â—aunteth as you haue heard the Roman Church 〈◊〉 haue byn the true Mother-Church for diuers â—ges togeather spread ouer the vvhole vvorld dilated throughout all Prouinces perspicuous eminent and admirable in florishing glorie by the greatnes and multitude of her children professing Christ euery-vvhere in vnion of faith doctrine and Sacraments as the holie Fathers iâ— those ages and others ensuing doe testify vnto vs 32. Secondlie he vvill haue this glorious Churcâ— so to haue fallen sicke pyned and vvitheredâ— vvay vvithout groaning and so to haue vanisheâ— out of mens sightes as she could not be knovvn vvhere she vvas for many hundred yeares togeather nay he vvill haue her to be like a wedge oâ— golde so corrupted and mingled vvith lead anâ— tinne as no man can tell vvhere the gold lieth except he try it vvith the touch-stone vvhich touch stone in our case he saith to be the scripture vvhereby the Church must by euerie man be tryed and touched so as ech one that vvill knovv this Church and haue benefit from the same musâ— touch her first see vvhether she be the Church or no and so in-steed of submitting himself vnto her and to be directed by her he must first makâ— himselfe touch-maister and Iudge ouer her 33. Thirdlie M Attorney hauing shifted of this time of the inuisibility of his Church in this sort he novv in this last age maketh her so visible againe vpon the suddaine as that she comprehendeth all the Churches of the aforenamed Kingâ—â—mes of vvhat Sect or profession soeuer so that â—â—â—y differ from the Catholicke vvhich are some â—â—ne or ten Sectes at the least al dissenting amoÌ„g â—â—â—mselues professing in their vvritings actes â—â—d doings that they are not of one religion nor â—â—nsequentlie can be of one Church and yet eâ—â—â—ie one goeth vvith his touch-stone in his hand 〈◊〉 vvit the Bible as vvell as M. Attorney and are â—eady to touch him and his Church as he them â—â—d theirs but vvith different effect and successe 〈◊〉 he fyndeth by this touchstone as you haue â—â—ard that all they are of his Church but they â—â—d euery one of them by the same touch-stone â—â—e fynde the contrary and not one of them vvill â—â—unt I saie not one of all the vvhole number of nevv Sectes that the Church of EnglaÌ„d as novv standeth is either the true Church of Christ or â—â—eir Church and in this I dare ioyne issue vvith â— Attorney out of their ovvne bookes assertions â—â—d protestations So as novv M. Attorney that vvhich in the â—â—â—iptures is so memorable of it self so commenâ—â—d by Christ our Sauiour so respected by the Aâ—â—stles so testifyed and defended by the primitiue â—artyrs so magnifyed by the ancient Doctors â—â—d Fathers and by all good Christians so reueâ—â—nced and dreaded I meane the glorious name â—f the Catholicke and vniuersall Church and the benefit to be in her and of her vvithout vvhich no saluation can be hoped for of Christ but ineuitable and euerlasting perdition by vvhich on the other side and in which saluation onlie maie be attained all this I saie is come to be so poore base and contemptible a thing vvith you and so vncertayne as you knovv not vvhere your Church is nor greatlie care so that at all she be and vvhen you name your Sectary-brethren and associates therein they denie you and your alliance as you see and vvhen you assigne your touch-stone of scriptures they vse the same against you and proue thereby youres to be no Church and ech one of themselues in seuerall to be the onlie true and Christian Church And this haue you gained by leauing the Roman vvhich you graunt in old times to haue byn the holy mother-Church see vvherevnto you are come and this shall suffice for this matter 35. This epistle vvould grovv ouerlong if I should entertaine my self in all the impertinent speeches vvhich you had that daie in your glorie as it semeth against Catholickes the least parte vvhereof did in vvise-mens sightes concerne the prisoner at the barre though by your Rhetoricall application all vvas dravven vpon him by hooke or by crooke for that Yorke VVilliams Colen Squiar and Lopus vvere brought in squadron to muster there to that effect vvherof all notvvithstanding except the last are defended and their conspiracies most euidentlie proued to haue byn feygned by a learned vvorthy and vvorshipfull gentleman of our Countrey dedicated these yeares past to the Lords of the late
and if they bee good and equall it is a publike benefit but much more if they be well executed by a iust Prince which importeth more than writen lavves For that he as M. Attorney confesseth is the soule of the law that giueth life who also without writen lawes either municipall or Imperiall may administer iustice by law of nature and nations if he will What speciall or singular commodity then is here shewed to issue out of the municipall lawes of England aboue others that they should be called our ancient best inheritance Yea as he addeth after in matters of greatest Importance meaning therby our soule saluation Is not this an ouerlashing is not this an egregious hyperbole Do not subiects in Scotland France Italy Spaine and other places enioy their goods in peace and quietnes and their liues and deare countreyes in safty as wel by their lawes Imperial as we do by our municipall Yes and much more if we will beleeue them and their learnedest this vpon some attent consideration of euents which dayly they heare and reade of many men both great and small to haue bin ouerthrowne and condemned in our countrey both in liues liuinges which they thinke by their Imperiall lawes were impossible And one only circumstance of English tryall in life and death to omit the rest doth leaue them astonished to witt that be he neuer so great a man yet for his life and landes honour posterity he may not haue that allowed him which in an action of fiue poundes renr or lesse he should obteyne which is a learned lawyer or aduocate to speake for him at the barre but that all the Princes officers and learned Counsell shall plead against him exaggerating matters to the vttermost and he only suffered to speake for himself and that in measure who for lack of skill or memory or tyme to consider or boldnes to speake or talent to vtter well his meaninge may there betray and ouerthrow both himself his whole posterity in his owne defence 24. And finally the last vpshot being of that dreadfull action to commit the matter to a iury of vnlearned men that must giue their verdicts openly and by consequence vpon the same causes before mentioned of error feare hope or other passion the Prince being alwayes on part interessed may easily be led finistrously to the prisoners condemnation All which inconueniences being carefully prouided for by course of other lawes do make forreine learned men to thinke that ours are more defectiue than we persuade our selues and that it may easily be beleeued that they were made indeed by a Conquerour And I could haue byn glad that M. Attorney in this place had alleaged some singular thing in their extraordinary commendation for that the enioying of our goods liues lands and contrey by them which he mencioneth are very ordinary and vulgar commendations and common to all lawes in generall that euer were made by reasonable men And yet do we not deny but that our English lawes for the whole corpes and dryft therof are very commendable especially where the spirit and meaninge of the first founders is obserued by the followers yet want there not by graue mens iudgments many considerable points that might be better rectified and namely concerning the imperious and dominant maner of proceeding of many lawyers and their exorbitant gaines which yet perhaps M. Attorney will place among the cheife commendations of our said common lawes 25. In the other point also of remitting men for the knowledg of their euidence ancient birth-right in some pointes of greatest importance to faithful Counseloures that will resolue them fully without feare affection or corruption if he meane by these Counseloures as he doth those Iudges and Sages of the Common-law from whom he hath taken these peeces against Ecclesiasticall Iurisdiction which after he hath set downe I must needs saie that it is litle to the purpose For albeit now they be dead he may well saie as he doth that they cannot be daunted with any feare moued by any affection or corrupted with any reward yet when they were aliue gaue their resolutions which he saith they did it is hardly credible that they were soe deuoide of those passions as he would make them they being no Saintes but wordlie men that sought their aduauncement vnder their Princes by pleasing their humours as lawyers of our tymes do wherof I could alleadg many examples and some perhaps we may touch after in their due places Now it shal be sufficient to remember that in diuerse Kings daies after the Conquest the cheife cōplaints of the people were against their cheife Iusticers would God wee had not the like cause now who in those times most gouerned the state or abused rather the same as the examples of Hubert de Borgo and Robert Tresilian cheif Iustices vnder K. Henry the third and Richard the second and both of then punished publiklie for their wickednes doe testifie And in the begining of K. Edward the third his raigne I read of a complaint made by the King and the whole Parliament that his father K. Edward 2. had byn induced by euil Counsellours which in that case may iustlie be presumed to haue byn his Iudges and lawyers to sease into his hands the temporaltie of diuerse Bishopricks c. Which for the time to come he promised not to doe And finallie after that againe when the contention and controuersie between the two potent houses of Lancaster and Yorke began and endured for almost 100. years I find few Iudges or great Sages of the common-law to haue lost their liues therin for anie side or partie as manie Dukes Earls Barons knights yea and some Bishops also religious did Which is a signe that those Sages were to wise to oppose themselues to anie sorte of Princes whatsoeuer but could accommodate themselues to all and draw the birth-right of laws to the establishing of any Kings right that by his sword could get the possession 26. But to prosequute these matters no further in this place I am only to adde for conclusion of all that the true ancien◠birth-right aud best inheritance of English subiects indeed i◠their right to Catholique religion which was first planted amonge them from the Sea of Rome by the singular zeale of holy Pope Gregory the first a thousand years gone and continued without interruption to our dayes as afterwards shall be shewed and that for seeking out and cleering the euidence of this right they ought to be diligent and to spare no labour paine or industrie for that therof dependeth their eternall saluation or damnation which doth not of the knowledge or not knowledg of the common law and that for certifyinge themselues in this point they ought to repaire to faithful Counsellers indeed who are the ancient Fathers and writers of Gods Church in euery age who being not only wise and learned but holy also may securely be
and brought into vse how far the execution of ech parties authoritie should be extēded in certaine inferiour things that might seeme either mixt or doubtful as by many examples both in France Spaine Sicily Naples Flaunders England and other countreys may be declared Whervpon notwithstanding daylie wee see sundry difficulties sutes and controuersies to arise 41. Some States also and Catholike Kingdomes haue made certaine Decrees or Restraints at sometimes de facto whether rightfully or noe I will not now dispute for preuentinge and remedyinge some pretended inconueniences in the exercise of certaine points of the Popes Authority within their said Realmes Some other also pretend to haue done the same with indult consent transaction or conuiuency of the Pope himself But none of all these which is the mayne pointe did euer deny or call in question the said Authoritie it self as after shall appeare but rather did many wayes acknowledge and confesse the same and of this kind of Restrictions or Interpretations are the most part of these few peeces of Decrees and Statutes Customes Laws or Ordinances that M. Attorney doth alleadge which make nothing at all for the proofe of his mayne question that our English Kings before and after the Conquest did take vpon themselues supreame Spirituall Authoritie as deriued from the Right of their Crowne nay rather they make fully against him for that the very manner of making these restraintes first by way of supplication to the Popes themselues as after shall be shewed and then by domesticall ordinances doth well declare what opinion the said Princes had of that power to be in the said Popes not in themselues And this is so much as needeth to be said in this place for a generall light to the whole matter Now shall we passe ouer to treat of the particular occasion wherevpon M. Attorney thought good to ground his whole discourse of Q. Elizabethes Ecclesiasticall Authoritie as presently shall be declared THE PARTICVLAR STATE OF THE CONTROVERSY VVith M. Attorney concerning the late Queens Ecclesiasticall Povver by the auncient laws of England deduced out of the case of one Robert Caudery Clerke CHAP. III. MAister Attorney for preamble or entrance to his designed Argument against recusant Catholicks for that to be his purpose the end of his booke declareth he setteth down a pittifull case of one Robert Caudery Clerke depriued of his benefice or parsonage of North-looffennam in Ruland-shire by the Bishop of London as high Commissioner with consent of some of his associates authorized in Causes Ecclesiastical by a Commission of the late Queene graunted by her letters Patents the nynth day of December in the 26. yeare of her Raigne I doe call the case pittifull not so much in respect of the poore man depriued and vexed as after shall appeare but much more of the publike partiality appearing to haue been vsed against him by sway of the tyme and by such men as occupied the place of Iustice. You shall heare how the Case passed and iudge therof your selues 2. This Caudery in the Terme of S. Hilary saith M. Attorney in the 33. yeare of the raigne of Q. Elizabeth brought an action of trespasse against one George Atton for breaking of his cloase in North-looffennam aforesaide vpon the 7. day of August in the 31. yeare of the said Q. But Atton pleaded not guyltie and the Iurie found that the said Cauderie had been depriued of that benefice in parte wherof the Cloase was broken by a sentence of the said Bishop of London Cum assensu A. B. C. D. c. Collegerum suorum For that he had preached against the Booke of Common-praier and refused to celebrate diuine seruice according to the same 3. Heerupon it came in question how and by what Authoritie the said Bishop of London had giuen his sentence either rightfully or wrongfully And first it was alleadged by Cauderyes Coūsell that the Authoritie of commission giuen to him to witt to the forenamed Bishop of London and certaine others his Colleags by the foresaid Q. Elizabeths letters Patents was only founded vpon a Statute made in the first yeare of her Raigne by which it was enacted That such Iurisdiction Ecclesiasticall as by anie spirituall or Ecclesiasticall power hath heertofore been or may lawfully be exercised for the visitation of the Ecclesiasticall estate and persons and for the reformation order and correction of the same and of all manner of errours heresies schismes abuses offences contempts and enormities within this Realme should for euer be vnited and annexed to the Imperiall Crowne of this Realme And that her highnes her heyrs and Successors should haue full power and Authoritie by vertue of that Act by letters Patents vnder the great Seale of England to assigne nominate and authorize such persons being natural borne subiects as her Highnes her heirs or Successours should thinke meet to exercise and execute vnder her highnes her heyrs and successours all and all manner of Iurisdiction Priuiledges and Preheminences in anie wise touching or concerning anie spirituall or Ecclesiasticall Iurisdiction within this Realme of England and Ireland And to visite reforme redresse order correct and amend all such errours heresies schismes abuses offenses contempts and enormities whatsoeuer which by anie manner of spirituall or Ecclesiasticall Power Authoritie or Iurisdiction can or may lawfully be reformed ordered corrected and amended c. 4. This was the ground wherby both the Queene was indued as you see with all manner of Ecclesiasticall power and Iurisdiction and had authoritie also giuen her to bestow the same vpon others without anie other condition heere expressed but onlie that they should be naturall borne subiects So as if it had pleased her Maiestie to haue bestowed a Commission vpon so many Ladies of the Courte to visit some parte of the Cleargie or Laitie to redresse their errours heresies abuses or other enormities or insteed of the Bishops named by her she had thought good to nominate their wiues for high commissioners ouer them to reforme order redresse correct or amend abuses I see not by the words of the Statute why it had not been lawfull For so much as there is no exception of sex therin And as well might the Queene haue made women her substitutes in this point as this Statute gaue all the power in capite to her self being a woman I would aske moreouer that wheras K. Henry the eight when he was made head of the Church appointed for his Vicar-Generall in Spiritualibus the Lord Cromwell that was a meere lay man and caused him to sit aboue all the Bishops in Synods and Councels about Ecclesiasticall affaires why his daughter Q. Elizabeth that had the same authoritie that he had might not haue appointed my Lady Cromwell or anie such other Ladie of that sex wherof there were diuerse that professed good skill in diuinitie at the beginning of her Reigne for her Vicaresse-Generall in Ecclesiasticall affaires Nay why the feminne sex
of the whole entire body of the Realme 15 You see whervnto this deuise tendeth to make yt a matter of treason to deny this fancy of M. Attorney that for so much as the Canons and Ecclesiasticall lawes of the Church made by Popes and by Generall Councells from tyme to tyme and receued vniuersally for spirituall and Ecclesiasticall matters throughout the Christian world were receued also and allowed by the Kings Comnn wealth of England which was an euident argument of their acknowledging of the said Ecclesiasticall Iurisdiction of the Church and spirituall gouernours therof of this approbation and allowance he would inferr that these lawes were the Kings lawes though deriued as he sayth from others that is to say from Popes and Bishopps At which inference I doubt not but that his fellow-lawyers will smile And truly I am sory that he being accoumpted so great a man in that faculty which is wont to reason well hath giuen so manifest occasion of laugther For that euery puney young student of law will see by common reason that the admitting of an other mans lawe doth not make it his lawe or that he had power to make that lawe of himself but rather to the contrary it sheweth that the admitter acknowledgeth the other for his Superiour in all matters contained vnder that law For the power of making lawes is the highest power that principally proueth dominion in any Prince and the admitting and obeying therof by another Prince is an euident argument of inferiority and subiection and so here the admitting of the Popes Ecclesiasticall and Canon-lawes was an argument that the admitters acknowledged his supreme authority in Ecclesiasticall affayres 16. Neyther is M. Attorneys example of the Romans or Normans any thinge to the purpose all For that the Romans did not take from the Athenians any formall lawes made by them for the gouernment of the Romans for that had been to acknowledg superiority as before hath bene said but rather they taking a suruey of all the Grecian lawes aswell of Athens as other Common-wealthes or States they tooke parcells therof here and there and applied the same to their Common-wealth which was properly to make lawes of them selues And the like may be sayd of the Normans if they borrowed any of their lawes from England which yet I neuer read in any Author besides M. Attorney but rather that the Normans gaue lawes to England 17. But nowe in the Canon-lawes receiued in England for almost a thousand yeares together after our first Conuersion the matter is farr different for that these were receiued wholy and formally as lawes made by another superior power in a different Tribunall different causes sent expresly to England and to all other Christian Kingdomes to be receiued and obserued and some also out of the same Ecclesiasticall power made within the land by Synodes and Prelates therof and promulgated to be obserued both by Prince and people formally and punctually as they lay and so were receiued admitted allowed and put in execution by the said Prince and his Officers except perhaps some tymes some clause or parte therof might seeme to bring some inconuenience to the temporall State for which exception was made against it and the matter remedied by common consent And this was another manner of admitting lawes then the Romans admitted some peeces of there lawes from Athens or rather translated some pointes of the Athenian lawes into theyrs which was to make them selues Maisters of thus lawes and not receiuers or admitters And finally wee see by this to what poore and pittifull plight M. Attorney hath brought the title of his booke De Iure Regis Ecclesiastico Of the Kings Ecclesiasticall law to witt that it is the Popes Ecclesiasticall law◠in deed made and promulgated by him and his but receiued and obeyed by the King and consequently not the Kings law but the Popes 18. Wherfore to conclude the first part of this Chapter for so much as M. Attorney by these two arguments De Iure which are the only he mentioneth hath proued no right at all of supreme spirituall Iurisdiction to haue accrewed to Q. Elizabeth by the title and interest of her temporall Crowne but rather the contrary to witt that both his Arguments haue proued against himself we see therby how vnable he is to proue his said affirmatiue proposition by this first head and sorte of proofe De Iure I shall now in the second part of this chapter endeuour to prooue the negatiue by as many sortes of rightes and lawes as any thing may be proued that is to say not only by Canonicall Ciuill lawes but by law of Nature also of Nations Mosaycall Euangelicall and by our ancient Common-lawes of England all which doe concu◠in this that Q. Elizabeth being a woman could not haue any supreame spirituall power or Iurisdictiō in Ecclesiasticall matter◠THE SECOND PART OF THIS CHAPTER VVherin is shevved that Q. Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction §. I. 19. First then being to performe this we are professe in this place that we meane not to imitate the proceeding of some Protestants in this behalf who following no certayne rule of doctrine no◠moderation in their doings or writings doe passe to extreames therfore feeling themselues greiued vnder Q. Maryes raigne with the course of Catholike religion then held tooke vpon them to publishe that women were not capable of any gouerment at all Temporall or Spirituall nor to be further obeyed than they would make Reformation in Religion for so they called it comforme to their willes and prescriptions as appeareth by the bookes writings and actions both of Goodman VVhitingham Gilbye Knockes others who taking their fire of fury from Geneua sought first to kindle the same in England and being repulsed thence brake into open flames of combustion in Scotland and neuer coassed vntill it brought two Noble Queens mother and daughter to their ruyne and afterward put their heire and successor into such plunges by those and other heades of like doctrine and desperate attemptes answerable therunto as Gods right hand did only preserue him from like ruyne 20. But we are not of this spirit to seeke reuenge by such new brayn-sicke doctrine we graunt that Queens may lawfully raigne inherite that Successiō which euery Countrey by their peculiar lawes doth allow them The great Kingdome of France doth excude them so doe many lesser States in Italie and Germany and other Countryes yet doth Spaine England Scotland and Flanders admitt them for preuenting other inconueniences when Male-sucessors doe fayle So as for this point of Q. Elizabeths temporall gouerment we haue no controuersie in this place If any fell out betweene her and the Bishop of Rome whose authority she tooke from him and applyed it to her self and many otherwayes exasperated him that fact appertayneth not to vs that are priuate men to iudge
proued For that he that giueth a power to an other is presupposed to haue it first in himself for that no man can giue that which himself hath not so as if Q. Elizabeth did giue any spirituall Iurisdiction to her Bishops to teach preach make Ministers absolute loose sinnes and the like who otherwise could haue no such authoritie at all she might no doubt haue exercised the same in her owne person as in all temporall Iurisdiction we see that whatsoeuer power the King giueth to any Gouernour Iudge or Magistrate to exercise in his name he may exercise the same also him self if he wil. And the same holdeth in the Pope for any spirituall Iurisdiction or function that he committeth to any Bishop Priest or Clerk whatsoeuer 42. A third reason is taken ab inconueniente to wit from this inconuenience that if a Queene could be spirituall head of the Church and should marry without making hir husband King she should be his spirituall head also to loose and bind his sinnes and to exercise Ecclesiasticall Censures of Iurisdiction Suspension or Excommunication against him at her pleasure and he for his part should be bound in conscience vnder payne of sinne to heare and follow her doctrine if at any time she list to preach vnto him or to prescribe what he must beleeue or not beleeue in matters of faith which besides that it should be contrary to that we haue alleadged before out of S. Paul and Christ his Institution for the subiection of women in these causes it would be very absurd and ridiculous also as you see and vnworthie of the excellent gouerment of Christ his Church instituted and framed by the highest wisdome of almighty God 43. Wherfore lastly to shutt vp this matter after all these proofes alleadged we shall adioyne one only more which howsoeuer it be esteemed of vs yet ought it to be of singular great moment with M. Attorney and this is the vniuersall agreement of all Protestants both of Caluin Luthers sect commonly throughout the world except only in England And as for Caluinists the matter is cleere if we respect France Germany Holland Zeland Scotland and other places who all agree in this point following therin their first Author Iohn Caluin who not only in the place by me alleadged vpoÌ„ Amos the prophet but in diuers other places also of his workes doth earnestly impugne not only this Ecclesiasticall power of a woman but of any temporall Magistrate whatsoeuer affirming further in a certayne epistle of his to his freind Myconius that those who defend the same are prophane spirits and mad-men and that the Lord with the breath of his mouth shall destroy them and that both he and his would encounter and fight against them with a valiant and inuincible Zeale c. Of the same opinion and spirit was Theodore Beza the cheife scholer and successour of Caluin in his chayre of Geneua as appeareth by his writings and another chiefe scoller and companion of them both named Viretus in his dialogue intituled Of white Diuells calling them false Christians and dissembled diuells that defend this false position of Princes Ecclesiasticall Supremacy though they couer them selues saith he with the cloake of the Ghospell and then setteth he downe foure or fiue arguments to proue the position to be false which I pretermitt to recite in this place for breuities sake remitting the Reader to the booke it self for that it is exstant in English And I doe passe ouer the writings of many other principall men of that profession both in England and abroad who in this point are no lesse opposite and earnest against M. Attorney that we and are knowne in England by the name of Puritanes or precise Caluinists who being the farre greater parte if we respect all Countreyes about vs must needs in this point be confessed to haue more reason the thing being affirmed so earnestly as you haue heard by Caluin himself than the other of that sect who for pleasing of teÌ„porall princes are accused by them to hold the contrary For that if Iohn Caluin be to be followed in all the rest as they confesse why not also in this And if the holy-ghost fayled him in this so important a point as comprehendeth the whole gouerment of their Church and the lawfull or vnlawfull vocation and function of their whole Ministerie what certaintie can they haue in any other thinge or point of his doctrine 44. But now not only those of the Caluinian sect but others also of the Lutheranes doe laugh at our English Protestants for holding this position of M. Attorney about Queene Elizabeths Spirituall and Ecclesiasticall Supremacie wherin not to weary the Reader which enumeration of many witnesses I shall alleadg only one for all but yet such a one as may well stand for all For that he is the most eminent and principall man of them all to vvitt Martâ—nus Keronitius an ancient publike Reader of diuinity among the Lutherane Sect in Saxony that hath written many volumes for defence of the said sect in our dayes 45. This man then being consulted and demaunded his opinion by the Prince Elector of Brandeburg what was to be done in certaine points concerning those of the Caluinian sect he answereth him in a large epistle extant in print allowing first and greatly praysing the Princes iudgment Quod consultum non esse iudicat vt cum Caluinistis Generalis Synodus habeatur That his Highnes thought it not expedient to hold any generall Synode with the Caluinists as they desired for composing of Controuersyes betweene Lutherans and them 46. Secondly he addeth his owne iudgment vnto that of the Prince Elector about punishing the said Caluinists within his State affirming Non expedire vt punitionis officium contrae Caluinistas intereà temporis penitus quiescat It was not expedient that the office of punishing Caluinists should cease in the meane space vntill the said generall Synode were held as they demaunded 47. Thirdly and lastly hauing resolued these two points he passeth ouer to giue his iudgment in like manner to the said Elector about the Religion held in England and of Q. Elizabeth her self and her title of supremacy saying first that no good thing in Religion was further to be expected from her that she had vsed hardly the Protestants of Germany that she saw and felt noâ— a third sect risen vp in her Realme of Puritanes that hated both her and the other Caluinians that followed her who were enimies in like manner to Lutherans So he And then passing yet further he scoffeth merily that she being a woman had taken vpon her to make Ecclesiasticall lawes Et quòd faemineo à saeculis inaudito fastu se Papissam caput Ecclesia fecit That with a womanly pride neuer heard of in former ages she had made herself a She-pope head of the Church Thus Kemnitius And marke that he saith à saeculu inaudito
We read also that when in the yeare 1299. King Edward was passed ouer with a great army into Flanders and did destroy that Countrey by fire and sword Pope Boniface sent two Cardinall-Legates to entreat him that he would be content to make truce for two yeares to the intent that peace in the meane time might be concluded adding further-more saith our Author paenam excommunicationis interdicti terrarum suarum the payne of excommunication and Interdict of his countreys if he yeelded not therevnto Sed Rex perpendens c. consensit in treguas indictas saith he the King considering well all circumstances c. did consent vnto the truce appointed by the Pope And wheras the next yeare after by other messengers sent vnto him in Canterb. the said Pope Boniface desired him to put at liberty Iohn King of Scotland which he had in hold assuring him that the King of England should leâ—se nothing by this Eorum petitioni Rex condescendens respondit se ipsum loannem tanquam seductorem falsum periurum ad Papam missurum The King condescending to their petition made answere that he would send the said Iohn as a false periured deceauer vnto the Pope to be punished by him And so he did and they caried him into France with them 18. And when afterward in the yeare 1301. King Edward was busily attent to his warrs in Scotland and Pope Boniface enformed by the grieuous complaints of the Scottish-men that K. Edward did them iniury wrote and gaue in commission to the Archbishop of Canterbury by an expresse messenger named Humbert to goe vnto the King and will him to desiste and to remit the iustice of the matter to be examined and tryed by the Sea Apostolicke anyd though the said King for the present tooke the matter very grieuously and sware that he would prosecute his said enterprize to the vttermost yet a little while after in the same yeare he sent the Earle of Lincolne and Syr Hugh Spencer to the said Sea Apostolicke to shew the right of his cause and what iniuries he had receaued at the Scots hands Iusuper Dominum Papam deprecarentur ne mendacij fabricatoribus sinum aperiret And that moreouer they should beseech the Pope that he would not open his bosome of beliefe vnto the Scottish-men that deuised lyes wherevnto the Pope hearkening wished notwithstanding that the King for his cause would giue the truce for a tyme by him assigned wherevnto the King yeelded 19. And when in the yeare following the said Pope Bonifacius vpon instance of the said Scottish-men wrote more earnestly to K. Edward in this affayre alleadging that Scotland was in the protection of the Sea Apostolicke yea and that it apperteyned also to the temporal right of the Church by submission belike of the Prince and inhabitants thereof at that tyme made the King gathering a Parlament at Lincolne determined therin first to write himself to the Pope about this matter and then that the lay-nobility and people should write another letter somewhat more earnestly to the same effect The Kings letter began thus Sanctissimo in Christo Patri Domino Bonifacio diuina prouidentia Sancta Romanae vniuersalis Ecclesiae summo Pontifici Edwardus Dei gratia Rex Angliae salutem deuota pedum oscula beatorum To the most holy father in Christ Boniface by Gods prouidence supreme Bishop of the holy Romane and vniuersall Church Edward by the grace of God King of England sendeth greeting and the deuout kissing of his blessed feete By which title we may see in what estimation he held the Pope at that day albeit in that letter he doth protest that he doth not send this his iustification for his pretence to Scotland in forme of iudgement to haue it tryed by the Sea Apostolicke as making any doubte therof but only to enforme his Holines conscience which he doth very largely beginning from the comming of Brutus himself into England yet doth he conclude beseeching him not to beleeue the informations of his aduersaryes and emulators Sed Statum nostrum iura nostra Regia supradicta habere velitis si placet paternis affectibus commendata That it may please you to haue our State and Kingly right before laid downe recommended to your fatherly affection 20. But the Earles and Barons and lay nobility of the land that wrote a seuerall letter to the Pope as before hath byn said were more earnest in defence of the Kings title saying Manu tenebimus cum toto posse totisque viribus c. We will hold and defend the same with all our power and forces nor will we permit our King though he would to leaue of this title Quocirca Sanctitati Vestrae reuerenter humiliter supplicamus c. Wherefore we doe reuerently and humbly make supplication to your Holines that you will defend our said King that is a deuout sonne of the Catholicke Romane Church as also his rightes libertyes customes and lawes and permit him to continew therin without diminution or molestation c. Giuen at Lincolne 1301. 21. And by all this now we may perceaue the state of things in our countrey at that time as also the sense and iudgement of K. Edward and his realme about this our controuersie of spiritual and Ecclesiasticall authority And that if this King did vse sometymes some rigorous dealing towards the Clergy it was not for that he doubted of their spirituall authority or esteemed the same to be in himself but partly vpon his forsaid necessity of warre and partly for the emulation conceaued against them by the laity for their wealth and other such causes And as for the lawes which he made in their preiudice as that of Mort-main wherby is prohibited that any thing shall passe ad manum mortuam that is to say to any of their communityes that pay not tribute to the King without the Kings speciall licence some other lawes in like manner for restraint as it seemed of their externall iurisdiction in certaine affaires it proceeded of the same emulation and complaints of the subiects begun in the time of King Henry the third as you haue heard and continued in this mans dayes as also in the dayes of diuers of his succesors But this is nothing to our question in hand though M. Attorney hath nothing else but such matter as this as presently you shall see for now shall we passe to his obiections vnder this King which are foure of very small moment as by handling will appeare The Attorney In the raigne of K. Edward the first a subiect brought in a Bull of excommunication against another subiect of this Realme and published it to the Lord Treasurer of England and â—his was by the auncient common-law of England adiudged treason against the King his Crowne and dignity for the which the offender should haue byn drawne and hanged but at the great instance of the
also calumnious what shall wee saie of M. Attorney in this behalfe that presumeth so confidentlie to put such open vntruths in print 4. First then for the former point not onlie many Catholicks in the first eleuen yeares by him prescribed did refuse publikely to come to the Protestants Church but many Puritans also from the verie first entrance of Queen Elizabeth to her Crowne and so is it testified by publike authoritie of diuers books set forth by order and approbation of the Bishops of England themselues these years past against the said Puritans recounting the beginning ofspring and progresse of that Sect and faction one of them wriâ—â—ng thus Vpon the returne of Goodman VVhittingham Gylby with â—he rest of their associates from Geneua to England although it greiued them at the heart that they might not beare as great a â—way heer in their seuerall Consistories as Caluyn did it Geneua c. yet medled not they much in shew with matters of this discipline but rather busied themselues about the apparrell of ministers ceremonies prescribed and in picking of quarrells against the Communion booke c. Thus writeth hee of the first Geneâ—ian English preachers that returned from thence to England after the Queens raigne and that for these quarrels against the Common and Communion-booke they refused to come to the Protestants Church in those daies as much as Catholikes it is euident But yet you shall heare it affirmed plainly and distinctly out of the same Author quite opposite to M. Attorneys asseveration though hee bee of his religion if yet he haue made his choise 5. For the first ten or eleuen yeares of her Maiestyes raigne saith hee through the peeuish frowardnes the outcries exclamations of those that came home from Geneua against the garments prescribed to ministers and other such like matters no man of anie experience is ignorant what great contentioâ— and strife was raised in so much as their Sectaries deuided themselues from their ordinarie coÌ„gregations meeting togeather in priuate howses in woods and fields had and kept there their disorderly and vnlawfull Conuenticles which assemblees notwithstanding the absurdnes of them in a Church reformed M. Cart-wright within a while after tooke vpon him in a sorte to defend c. So hee And thus much for Puritanes whome if M. Attorney will graunt to bee of anie perswasion what soeuer in Christian religion he then must needs graunt also that hee was much oâ—ershott in this his first so generall a Proposition affirming that none of what persuasion soeuer did at anie time refuse within that compasse to goe to Church But lett vs see how wee can ouerthrow the same in like manner concerning Catholickes of whom principally hee meant it 6. Hee that shall but cast backe the eye of his memorie vpon the beginning of Queen Elizabeths raigne and shall consider how many Archbishops Bishops Deans Archdeacons Heads of Colledges Chanons Priests Schollers Religious persons of diuers sortes and sexes Gentle-men Gentle-weomen and others did refufe openly to conforme themselues to that new change of Religion then made and published by authority of the said Queen at the beginning of her raigne will maruaile how and in what sense and whether in iest or earnest sleeping or waking M. Attorney set downe in writing so generall a negatiue assertion For that he shall see so many conuictions therof as there be particular witnesses of credit against him in that behalfe And truly it seemeth that either he was an infant or vnborne at that time and hath vnderstood little of those affaires since or els forgot himself much now in affirming so resolutely a proposition refutable by so infinite testimonyes 7. For if he looke but vpon Doctor Sanders Monarchy in latin in his 7. booke where he handleth the matters that fell out vpon the first change of religion in Queen Elizabeths dayes he shall find 14. Bishops at least of England only besides ten more of Ireland and Scotland togeather with Doctor Fecknam Abbot of VVestminster Father Maurice Chasey and VVilson Priors of the Carthusians 13. Deans of Cathedrall churches 14. Archdeacons 15. heads of Colledges almost 50. Chanons of Cathedrall churches aboue eightscore other Priests wherof diuers were Doctors or Bachlers of diuinity Ciuill and Canon-law depriued from their liuings and offering themselues either to voluntary banishment abroad or to imprisonment and disgrace at home for maintenance of Catholicke religion to omit all the rest of the lay sort both of the Nobility Gentry and others that stood openly to the defence of the same Religion All which did refuse to goe to the Protestant-seruice euen in those first dayes which is testimony inough to conuince the open and notorious falsity of M. Attorneys assertion that no person of what persuasion soeuer in Christian religion did at any time refuse to goe to Church though I deny not but that many other besides these throughout the Realme though otherwise Catholickes in heart as most then were did at that tyme and after as also now either vpon feare or lacke of better instruction or both repaire to Protestant-Churches the case being then not so fully discussed by learned men as after it was whether a man with good conscience may goe to the Church and seruice of a different Religion from his owne which releiueth little M. Attorneys affirmation And so this shall suffice for the first point 8. In the second point being no lesse notoriously vntrue then the first he offereth the said Catholickes much more iniury in affirming that vpon this occasion of the Bul of Pius quintus against Q. Elizabeth they first refused to goe to the Church as not holding her for true and lawfull Queene insinuating therby another consequence also much more false and malicious then this to wit that the same may be said and vnderstood of Recusant Catholickes at this day in respect of his Maiesty that now is But the vntruth of this assertion is most manifest both by that we haue shewed before that great multitudes of Catholickes refused euen from the beginning to goe to Protestant-Churches though then the matter was not much vrged against them as also by this other reason for that their holding the Queene for true or vnlawfull was and is impertinent to the matter of going to Church Nay their holding her for not Queen if any so did did rather disoblige then oblige them to this recusancy 9. The reason heerof is for that one principall cause binding them in conscience not to goe to the seruice of a different or opposite religion to their owne was the precept and commaundement giuen by the said Queene that all should repaire to the said seruice to shew their conformity c. For that the obeying of this precept in matters of religioÌ„ they offering themselues otherwise to goe to any Church for temporall matters was a kind of publike denying their owne faith As for example if in Persia at this day or other
anno 1245. Ibidem K. Henry obtaineth of the P. to be accompted of ful age Paris in 〈◊〉 Hen. 3. an 122â— The beginning of the great Charter for church priuiledges VValsingh in viâ—a Edvvards primâ—â— initiâ— Eâ—ypodig Nâ—u 〈◊〉 an 1274. The deuout behauiour of K. Henry 3. ConfereÌ„ce betvvene K. Henry aud S. Levves K. of France Paris anno 12â—4 in vst Hen. 3. The vtilities by our English Kinges deuotion to Rome Paris Ibid. The Ciuil vvarrs of England vnder K. Henry the third The points vvherin the soueraignty of the Sea of Rome vvas seene The manner of Ecclesiastical elections vnder K. Henry 3. The manner of placing a Bishop of Durham Paris in vit Henr. 3. an 1226. 1228. An other example of the prouision of the Church of Canterbury Ibidem Richard of Canterbury appealeth to Rome against K. Henry 3. Paris an 1231. in vit Henr. 3. Tvvo elected Archbishops of Canterbury refused by the Pope Paris anno 1232. Hovv obedient K. Henry vvas to the Sea of Rome CoÌ„plaints of English-men against straÌ„gersâ— in England Math. Paris anno 1244. The louing and obedient letter of K. Henry vnto Pope Innocentius CoÌ„plaints made to the Councell and Pope himselfe of abuses Paris anno 1245. The popes seuerall orders for prouiding for Englishmen Generall consent of vvâ—â—ting to the Sea of Rome for remedye of agrieuaÌ„ces Math. Paris Anno. 1146. The beginning originall cause of al restraints Mag. Câ—art cap. 1. The statutes of K. Henry all in fauour of the Clergye 2. H. 3. tit ProhibitioÌ„ 13. 4. H. 3. Ibidem 15. 15. H. 3. tit ProhibitioÌ„ 22. Regist. fol. The explication of the lavv Stat. an 9. 〈◊〉 6. cap. 11. Spirituall coâ—â—tes superior to the teÌ„porall Hovv spirituall Courtes are the Kings courtes M. Attorneys inference hovv it holdeth and holdeth not Diuers examples ouerthrovving M. Attorneys commentarye Paris anno 1â—32 The King obeyed the Bishop of London in restoring Earle Hubert Paris Ibid. K Henry obeyed the B. of London in spirituall matters The Bishops refuse to excommunicate at the Kings appointment Paris anno 1234. S. EdmoÌ„d Archb. of Canterbury threatneth excoÌ„munication to the King if he obey him not Paris anno 1215. pag. 656. K. Henry obeyed the Deane of Paules in spirituall authority The Statute of Merton an 20. Hen. 3. This instance proueth nothing See the Code l. 5. tit 27. log 1. Constant lib. 5. Imper. Ze 1. lib. 10. Imper. Iustin. Nouell constit 89. de natural liberis §. Siquis igitur c. Lib. 4. Decret tit 17. cap. 6. * Cap. CoÌ„questus est * Cap. 13. Per venerabilem Ilidom Cap. 7. Causam quae M. Attorney mistaketh and mis-relateth the matter This King began his raigne an 1272. and raigned 35. yeares vntill 1307. Stovv in vita Edouards prâ—â—â— King Edvvard surnamed Long-shanke Deuotion of K. Edvvard Magna Charta VValsingam in vitae Edvvards p. anno 1191. King Edvvard praied and gaue almes for his Queenes soule Crosses erected VVorkes of piety of King â—dvvard VVestmon in heâ— or maiori in vita Edou primi Vestmonasteriensis anne 1197. A pious patheticall speach of King Edvvard King Edvvardes occasions of dealing in VVales and Scotland VValsingam anno 1292. in vita Edouards King Edvvardes mutabilitie in keeping priuiledges Math. Vestmonast VValsingam anno 1307. Math. Vestmon an 1278. Violent proceeding of K. Edvvard A sleight of K. Edvvard against the Clergie In anno 1294. A Knight sent to force the Monkes of VVestminster to yelde by feare to the Kings vvill In meere spirituall things the King neuer made difficulty to obey the Sea of Rome VValsingam eodem anno Diuers Bishopricks disposed of by Popes vnder K. Edvvard the first King Edvvardes deuotion tovvards the first Pope in Auinion King Edvvard accused the Archb. of Canterbury vnto the Pope VVestmonast eodem anno The great respect borne to the Sea of Rome by King Edvvarde An Embassadge sent by K. Edvvard to excuse himselfe to the Pope Thomas VValsingam in an 1308. The manner of vvriting of K Edvvard and his nobility to P. Bonifacius Math Vestmonaster Thom. Valsing in an 1301. 1302. King Edvvards lavves in preiudice of the Clergy of England Vide 3 Edo 5. â—â— Ass pl. 19. Brooke tit premunire pl. 10. Note this vvas vva â—y the common-lavv of England before any statute made CoÌ„mon-lavv must haue some birth or beginning VVestmonasteriensis an 1197. A cleere ouerthrovv of M. Attorneys assertion In vvhat sense the publishing of a Bul might be punished in K. Edvvards dayes Reportis fol. 15. 31. 〈◊〉 â— tit â—â—com 6. â— instance 15. Edouar tit Quare non admisit 7. Vide 39. Edou 3. 20. Note 1. ansvvere CoÌ„mon-lavves imagined but not extant Anno â— Edouards terâ—â—i stat 2. cap. 2. Seasing of Bishops landes Anno. 14. Edo 3. stat 3. pro Clero Hovv Bishops might be punished for not admitting the Kings iust presentatioÌ„ Supra cap. praeced The Archbishop of Canterbury depriued of his spiritual iurisdiction by Q Elizabeth anno 1580. The statuâ—e of 〈…〉 an 〈…〉 vnderstoode in vvhat senâ— should â—e receiued allouâ—ed hâ—ere Lib. 1. Decretalium Gregorie tit 21. The Decree against Bigamy In 6 Decre alium â—â—â— tit de Bigamis The true state of the case and doubt risen in England A poore commentary and shifte of M. Attorney Hovv M. Attorney straineth the â—ext to helpe himself 4 instance Statutum de anno 25. Edouâ— 1. Carlile vide 20. Edouar 3. tit Essom 24. Nota. The first atteÌ„pte vvas to vsurpe vpon such Ecclesiasticall things as appertayned to the Clergy of England vvho at that tyme stood in great avve of the church of Rome The ansvvere to the fourth Instance of M Attorney IncoÌ„ueniences by promoting strangers in England Diuers agreemeÌ„ts for prouision of Benefices VVest monast anno 1307. Remedy sought from the Pope himselfe VValsing Ibidem See statute anno 25. Edouards 3. The statute of Carleile maketh nothing for M. Attourney This King began his raigne an 1307. and raigned 19. yeres to vvitt vntill 1326. Ancient English vvriters vvhen the end VValsing in 〈◊〉 1307. Stovv in Edouardo p. â—â—â—ine vita The ill successe of King Edvvardes marriage â—n France The suppression of the Knights of the Temple VValsiâ—gam in storia Edâ—uâ—râ— 2. anno 1311. 1â—24 â—oâ—dor Stovv Ibidem Recourse made to the Pope by EnglaÌ„d and Scotland in their greatest controuersies VValsing anno 1319. 1323. The â— of Canterbury made by the Popes prouision The Bishop of Hereford taken froÌ„ the barre by Ecclesiasticall authority The statute of Edvv. 2. articuli â—lâ—â—i cap. 36. Eos the ordinance of circumspecté agatis â—do 1. so this effect â—y this statute of the â— of Ed. 2. and 15. of Edvv. 3. cap. 6. 31. E. 3. cap. 11. and by other statutes heretofore mentioned the iurisdiction of the Ecclesiasticall courtes iâ— allovved vvarranted by consent of Parlament in all cases vvherein they novv haue iurisdiction so as these lavves may be iustly called