Pope Clement the 7. and how the same began cap. 15. num 4.5.6 7. Bulles from Rome not admitted in England except they came certified from some Prelate at home and why cap. 12. num 28. cap. 13. num 27. C. Calixtus the Pope his meeting vvith Henry the first in Normandy cap. 8. n. 14. Campian his fellow-martyrs protestations at their death cap. 16. num 12. Canon-lawes how they vvere receyued in England cap. 14. num 17. Canutus K. of England his confirmation of Peter-pence to Rome cap. 6. n. 72. Catholicke Religion the birth-right of Englishmen cap. 1. num 26. Catholickes falsely charged by M. Attorney cap. 16. num 2.3 deinceps Catholicke-Recusants from the beginning of Q. Elizabeths raigne cap. 16. num 7. Catholickes falsely accused of inconstancy cap. 16. num 18. Caudrey the Clerke his case cap. 3. per totum Causes of K. Henry the 8. his falling out and breach vvith the Sea Apostolicke cap 15. num 1.2 3. Ceadwalla K. of the VVestsaxons his pilgrimage to Rome cap. 6. num 83. His baptisme there and death ibid. Celestine Pope his letters to the Realme of England in absence of K. Richard the first cap. 9. num 33. Charters for Church-priuiledges before the Conquest and after cap. 5. num 2. 3. 4. deinceps cap. 8. num 23. The beginning of the Great-charter vnder K. Henry the third cap. 10. num 6. Church-libertyes confirmed by K. Richard the second cap. 12. num 43. S. Chrysostomes iudgement of spirituall power cap. 2. num 21.22.23 24. Ciuill warres in England vnder King Henry the third cap. 10. num 12. Clergy-men subiect to the Ciuill Magistrate in temporal affaires cap. 2. num 33. 34. But not in spirituall ibid. num 35. Clergie-mens persons exempted from secular povver cap. 2. num 26. 37. Clerkes euer exempted from temporall Iudges cap. 15. num 20. Collations of benefices by lay-men cap. 7. num 26. 29. Comparison betweene Catholick sand Sectaryes cap. 1. num 13. 14. Commodityes or discommodityes of municipall lavves cap. 1. num 20. Comon-lawes birthright cap. 1. num 22. 23. Complaintes against strangers beneficed in England cap. 10. num 21.22 23. deinceps Remedyes sought to the Pope therfore ibid. num 23. Controuersy-wryters condemned by M. Attorney and vvhy cap. 1. num 26.27 28. 29. Controuersy-writers against their conscience cap. 1. nu 32. and vvho they be ibid. num 35. Constantius the Emperour reprehended by Bishops cap. 4. num 6.7 8. Confirmation of Church libertyes in England by diuers Kinges before and after the Conquest cap. 5. num 7. deinceps Cap. 8. n. 23. Conquest of VVales by K. Edward the first cap. 11. num 9. Conuersion of diuers Kingdomes in England one after the other cap. 6. num 15. Condemnation of Protestantes doctrine by K. Henry the eight cap. 15. n. 15. 16. Conscience the cause that Catholicks follow not M. Attorneys current cap. 16. num 19. 20. Constantius the Emperour his iudgement touching such as dissembled in Religion cap. 16. num 20. Councell of Constance in Germany cap. 13. num 6. English Prelates sent thither ibid. Courtes spirituall and temporall and their difference ca 4. nu 11. deinceps Courtes spirituall superiour to temporall ca. 10. num 30. Cranmer the first hereticall Archbishop of Canterbury ca. 15. nu 32. Burnt at Oxford for his heresies ibid. Crosses erected by K. Edward the first ca. 11. num 6. Crowne of EnglaÌ„d not subiect to any in temporalityes ca. 12. nu 48. D. Decrees and Ordinances of Pope Formosus for the Church of England ca. 6. num 59. Decree against Bigamy ca. 11. nu 31. Decree of Pope Gregory the ninth about proceeding against hereticks ca. 13. num 14. Decrees of K. Henry the eyght his breach with the Sea Apostolicke ca. 15. num 11. 12. Despaire causeth forgetfulnes of all reason and duty and vvhy ca. 16. n. â—2 Demonstrations before the Conquest against secular Princes Ecclesiasticall Iurisdiction in England cap. 6. per totum Deposition of Stigand Archbishop of Canterbury ca. 7. num 9. Difference of Courtes and vvhat it proueth ca. 4. num 11. Difference of lawes and law-makers before the Conquest ca. 6. num â— Difference of Courtes shew differeÌ„ce of origen and authority ca. 11. nu 50. Directions of ancient Fathers hovv to find out Truth ca. 1. nu 17. 18. Dispensations of most importance procured alvvayes from Rome cap. 6. num â—4 35. Dissention betvveene Protestants and Puritans and vvhy Prefac n. 18. 19. Dissimulation in Religiou hovv daungerous cap. 16. num 20. Doubts raised in England concerning bygamy cap. 11. num 32. E. Ecclesiasticall lavves made to be the Kinges lavves by M. Attorney cap. 4. nu 13. 14. Ecclesiasticall vveighty matters allvvayes referred to Rome by our English Kinges cap. 6. num 19. Edgar K. of England his speach for the reformation of the Clergy cap. 6. num 87. 88. His piety and deuotion tovvards the Sea of Rome ibid. S. Edmund Archbishop of Canterbury threatneth K. Henry the third if he obayed not cap. 10. num 37. K Edward the Confessor his confirmation of Peter-pence to Rome cap. 6. num 73. K. Edward the first surnamed Long-shanke cap. 11. num 3. His deuotion ibid. num 4. His vvorkes of piety ibid. His Conquest of VVales ibid. num 9. His mutability in keeping Church-priuiledges ibid. num 11. His violent proceeding against the Clergy ibid. num 12. 13. His euer obedience to the Sea of Rome in meere spirituall things ibid. num 14. 17. His deuotion tovvards the first Pope in Auinion in France ibid. num 16. His accusation of the Archbishop of Canterbury to the Pope ibid. num 16. His lawes in preiudice of the Clergy ibid. num 21. K. Edward the second his euill successe of marriage in France cap. 11. n. 41. K. Edward the third his restraints against the Clergy of England cap. 12. num 1. 2. His punishment for the violence vsed towards the Church cap. 12. nu 2.3.39 40. Motiues that induced him therto ibid. num 3. His great embassage to the Pope ib. num 7. His protestation for obedience to the Sea of Rome for himselfe and his cap. 12. num 8. His disordinate life ibid. num 41. K. Edward the fourth his raigne ouer England cap. 14. num 1.2.3 deinceps K. Edward the sixth his raigne cap. 15. num 26. His Supremacy of the Church of England declared by the Protector his vncle ibid. S. Egwyn Bishop of VVorcester his monastery of Euesham cap. 6. num 42. His voyage to Rome ibid. nu 79. Elections of Bishops 4. kinds cap. 7. num 32. Eminency of spirituall power aboue temporall cap. 2. num 19. England made tributary to Rome cap 6. num 67. cap. 9. num 62.63 64. Entrance into England denyed to the Popes Legates and vvhy cap. 14. n. 13. 15. Error vvhat it is
Chapter and fourth demonstration therof I will remitt the Reader therunto Only I cannot let passe to recite vnto you in this place a certaine Charter of K. Ethelbert of Kent our first Christian English King confirmed by a Bull in lead of S. Augustin first archbishop of Canterbury and legate of the Sea Apostolike vnto the monastery of S. Peter Paul in CaÌ„terbury erected by the said K. Ethelbert the words of the Charter are these In nomine Domini nostri Iesu Christi c. Ego Ethelbertus Rex Cantij c. In the name of our Lord Iesus c. I Ethelbert King of Kent with the consent of the venerable Archbishop Augustine and of the Princes of my Realme do giue and graunt in the honour of S. Peter and S. Paul a certaine peâ—ce of my land which lyeth in the East parte of Canterbury to this intention only that a monastery be buylded in that place with this condition that my said land be for euer in the power of the said Abbot which there shall be ordeined And therfore I doe adiure and commaund in the name of allmightie God that is the iust Iudge of all that the foresaid gift of lands made by mee be held for euer firme so as neither it bee lawful for mee or any of my Successours Kings or Princes or for any Ecclesiasticall person of what degree or dignitie soeuer to defraud the said monastery of the same or any parte therof And if any man shall goe about to impeach or diminish any point or parte of this donation let him bee seperated in this life from the holie communion of the body and bloud of Christ at the day of iudgment for the demeritt of his malice be sequestred from the company of Saints and all good men Giuen at Canterbury Anno Christi 605. the 8. indiction 12. Thus goeth that Charter and in the same forme went all other Chartes of this Kinde wherin is to be noted first the dreadfull imprecation against all breakers therof confirmed by the Authority of so great a Saint as S. Augustin was how many lamentable inheritours wee haue of these curses and imprecations in our countrey and round about vs at this day where all such pious works are ouer throwne And secondly for that he saith expresly that he did all by the counsell and consent of S. Augustine it may be inferred that whatsoeuer priuiledges he gaue that may seeme to appertaine to Ecclesiasticall matters or Iurisdiction he did them vnder ratihabition of the said S. Augustine that was not only Archbishop but legat also of the Sea Apostolike and confequentlie had authoritie to exempt the said monastery as we see he did not only from the Iurisdiction of all other Bishops but of his owne Sea also in such sorte as no Archbishop of Canterbury had any authoritie ouer them which is much more then the Charter of Kenulsus alleadged heere by M. Attorney And we doe reade that the monks of Canterbury did pleade this Charter of K. Ethelbert confirmed by S. Augustine for their liberties against the Archbishop Richard Successor of S. Thomas Becket in the yeare of Christ 1180. 13. Wherfore to conclude this matter it seemeth that M. Attorney hath gotten nothing at all by this his instance of K. Kenulfus whether in his Charter he meant of temporal or spiritual iurisdiction For if he meant of teÌ„porall that is to say that the Abbey of Abindon should be free from molestation of the Bishops officers in temporall affaires it is nothing to our purpose and if he meant of spirituall Iurisdiction cleere it is that the said King had it not of himself by right of his crowne as M. Attorney often repeateth and vrgeth without all grounde but either from the Bishops of his Realme gathered togeather in Parlament which seemeth very probable by the words of the Charter Consilio Consensu Episcoporum That he did it by the Counsell and Consent of his Bishops or that he had it immediatly from the Pope as we haue shewed the vse to be in those dayes shall doe more largly in the ensuing Chapter 14. And that which is yet more and seemeth to conuince the whole matter to decide our very case in particular I doe reade of one Bishop Rethurus who was Abbot also of Abindon during the reigne of the said Kenulfus who went to Rome to obteine the confirmation of priuiledges to the said Abbey of Abindon about the yeare .812 Romam profectus saith the Story Pontificia authoritate privilegia Canobij communiuit He going the Rome by consent no doubt of K. Kenulfus himself obteined the confirmation of the priuiledges of the said monastery of Abindon by the Apostolike authoritie of the Sea of Rome And it is no doubt that among other priuiledges this Charter also of Kenulfus was one which being so euery man may see how much this instance hath holpen M. Attorney his cause or rather made against him that Kenulfus procured the confirmation of his Charter from the Pope himself 15. And surely if in this M. Attorney committed an errour in alleadging Kenulfus for an example of one that tooke supreme IurisdictioÌ„ Ecclesiasticall vpon him he being so obedient and subordinate to the Church of Rome as we haue said much more did he erre in choosing S. Edward the Confessor for his second instance for he hath but two as before I haue said out of all our Kings before the Conquest which K. Edward of all others was most deuoutly obedient to the Sea Apostolicke as may appeare both by that which before we haue touched of him as by that which after we shall more largly shew in the next Chapter that he presumed not to found his monastery of VVestminster without particular licence and approbation of the Pope In like manner for that hauing made a vow to goe in pilgrimage to Rome to shew his deuotion and obedience to that Sea he finding afterward some difficulties therin in respect of his Kingdome that repined at his absence and of the troublesome times that then were he remitted all first to Pope Stephen the tenth and when he being dead to his successour Nicholas the 2. who determined that he should not take that voiage but bestow the charges therof vpon the buylding of that monastery of VVestminster to which effect both their letters are extaÌ„t in Alredus that liued about 400. years gone wrote the same Kings life The Kings letter hath this Title Summo vniuersalis Ecclesiae Patri Nicolâo Edwardus Dei gratia Anglorum Rex debitam subiectionem c. To the high Father of the vniuersal Church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherby is euident that if K. Edward did hold himself for supreme head and gouernour of the Church in spirituall matters as M. Attorney would inferr vpon certaine words of one of his lawes as presentlie you shall heare
it must needs bee that he was gouernour vnder the Pope to whome he professeth as you haue heard obedience and subiection 16. But what proofe think you hath M. Attorney out of this King to shew that he exercised spirituall iurisdiction by vertue of his temporall crowne You shall heare it all as it lyeth in his booke for the whole narration is but of 3. or 4. lines taken out of K. Edward his lawes The words are these in Latin Rex autem qui vicarius summi regis est ad hoc constitutus est vt regnum populum Domini super omnia Sanctam Ecclesiam regat defendat ab iniuriosis malefices autem destruat Which M. Attorney Englisheth thus The King who is the vicar of the highest King is ordeined to this end that he should rule and gouerne the Kingdome people of the land and aboue all things the holy Church that he defend the same from wrong-doers and destroy and roote out workers of mischeif Which words supposing them to be truly alleadged as they lye haue a plaine and easy interpretation which is that the King as Gods minister for so S. Paul called also the hea-Magistrate must gouerne the Church and Cleargie of his land in temporal matters for that they are members also of the Common-wealth as before we shewed In which respect they are subiect to the sayd temporall Magistrate and in that sense to be gouerned by him though not in spirituall things 17. And if M. Attorney will inferre that because the King is cal-called Gods Vicar he hath spirituall Iurisdiction then may he as well inferre that the heathen Magistrate had spirituall Iurisdiction ouer Christians for that S. Paul calleth him the minister of God which is as much in effect as Vicar for that the minister supplieth the maisters place And thus you see that albeit we admit these words as heere they ly alleadged by M. Attorney noe aduantage can be rightly inferred against vs by them But I am forced to suspect some little fraud or shuffling to be vsed in the citation of this peece of law and therfore I intreate the Iudicious Reader who is learned and hath the commodity to see the Originals that he will examine both this and the former instance of K. Kenulfus in the authors whence they are taken for I haue them not by mee 18. The reasons of suspicion are first for that I see M. Attorney his translation in these few lines not to be very exact as it will appeare to him that examineth the same and secondly for that I find this clause of S. Edwards law differently alleaged heare by M. Attorney from that which is cited by Roger Houeden in the life of K. Henry the second as also from another allegation therof by Iohn Fox in his Acts and Monuments by all which may be gathered that the verbe regat is wrongly placed in M. Attorneys allegation which being amended and the said verbe placed before in his dew place the sense is perfect to witt vt Rex regnum terrenum populum Domini regat sanctam eius veneretur ecclesiam ab iniuriosis defendat c. that the King rule his earthly Kingdome and the people of God and reuerence and defend the holy Church Thus I say ought the words to stand to make good and congruons sense and not as they are transposed both by M. Attorney and Iohn Fox to make a blind sense who yet agree not in their allegations therof as in the places cited you may see 19. And this our assertion concerning the true sense meaning of the former clause is confirmed yet further by the words of K. Edward immediatly following in the same law omitted heere by M. Attorney but sett downe by Fox which are these Quod nisi secerit nomen regis in eo non constabit verum Papa Ioanne testante nomen Regis perdet If a King doe not perfourme the points before mentioned of gouerninge his people and defending the Church the name of a King agreeth not to him but he must leese that name as testifieth Pope Iohn So he And the same K. Edward in the end of this speach doth cite the authority of the said Pope Iohn againe saying that the wrote to Pipinus and his sonne Charles beâ—ore they came to be Kings of France that no man was worthy to be called a King except he did vigilantly defend and gouerne the Church and people of God So as now this gouernment of the Church which M. Attorney hitherto hath vrged so much against the Popes authority must be vnderstood according to the meaning and sense only of Pope Iohn who I suppose notwithstanding will not meane that temporall Princes shall be heads of the Church and to haue supreme spirituall Iurisdiction in causes Ecclesiasticall deriued from their Crownes as M. Attorneys meaning is And so you see vnto what good issue he hath brought this argument out of S. Edwards lawes which is that Kings haue so much gouernmeÌ„t ouer the Church as Pope Iohn allowed them and no more 20. And finally let vs heare the words of Pope Nicolas the second to this verie K. Edward concernining the gouernment he had ouer the Church for thus he writeth to him Vobis verò posteris vestris Regibus committimus aduocationem eiusdem loci omnium totius Angliae Ecclesiarum vt vite nostrae cum Consilio Episcoporum Abbalum constituatis vbique quae iusta sunt c. We doe coÌ„mitte vnto you and to the Kings of England your Successours the aduocation and protection of the same place or monastery of VVestminster and of all the Churches throughout England to the end that in our name and authoritie you may by the counsell of your Bishops and Abbots appoint euery-where those thinges that are iust c. By which words is easie to see what gouernment and iurisdiction K. Edward had ouer the Church of England to witt by commission of the Pope noe otherwise By which coÌ„mission also diuers other Catholike Princes haue had in sundrie cases coÌ„mitted vnto them haue at this day spirituall Iurisdiction as namely the Kings of Sicily doe pretend to haue had to haue supreme spirituall authority in that Kingdome as legati à latere by concession of Pope Vrbanus the 2. graunted vnto Roger the Norman Earle of Sicily aboue fiue hundered years past to witt from the yeare of Christ 1097. And yet will none of those that defend this spirituall monarchy at this day for by that name it is called say that it descendeth by right of their Crownes but by concession and delegation of Popes And so much of this matter HOW THE ATTORNEY NOT BEING ABLE TO PROVE HIS AFFIRMATIVE PROPOSITION Of English Kings Iurisdiction Ecclesiasticall before the Conquest VVe doe ex abundanti proue the negatiue by ten seuerall sortes of most euident demonstrations that there was no such thing in that
possessions sent a solemne embassage to Rome vnto Pope Iohn the thirtenth at the very same tyme when there was a Synode there gathered togeather to witt vpoÌ„ the yeare 971. beseeching the said Pope that he would confirme the priuiledges already graunted by the said King vnto the Monastery of our blessed Lady in Glastenbury behold how the King graunteth priuiledges vnder ratihabition in hope of ratification by the Pope and so saith Malmesbury direxit châ—rographum Regiae liberalitatis orans vt ipse hoc roboraret scripto Apostulicae auctoritatis And the King directed vnto the said Pope letters written with his owne hand testifying his princely liberality bestowed vpon the same Monastery beseeching that the Pope also would strengthen the same with some writing of his Apostolicall authority Which embassadge of the Kings Pope Iohn receauing benignly and by the vniforme consent of the Councell gathered togeather confirmed the said priuiledges of K. Edgar by an Apostolicall rescript and not only did he confirme that which Edgar had done before but added diuerse spirituall priuiledges besides saying amongst other things thus VVe yelding to the humble petion of King Edgar and Archbishop Dunstane doe receaue the said place of Glastenbury into the bosome of the Roman Church and into the protection of the blessed Apostles endewing and strengthning the same with diuerse priuiledges namely that the Monkes may chuse vnto themselues a Pastor or Abbot of their owne in whose power it shal be to prefer Monkes and Clerkes vnder him to holy orders that no man may molest them take or retayne any thing of theirs c. Concluding in the end thus In the name of the Father the Sonne the holy Ghost c. euerlasting malediction to the breakers therof Whervnto Malmesbury addeth this contemplation perpendant ergo contemptores tantae comminationis quantae subiaceant sententiae excommunicationis Let the contemners of so great a threat or commination consider how heauy a sentence of excommunication they doe vndergoe So he A thing no doubt worthy to be remembred in these our dayes 46 And many more examples of like priuiledges might be alleadged vnder the same King Edgar confirmed mutually by the Pope and King and namely one related by Ingulphus which was giuen by a Charter of the said King vpoÌ„ the yeare 970. subscribed by himself and thirty two other witnesses to the Monastery of Medeshamsteed now called Peter-burrow Ego Edgarus totius Albionis Basileus c. I Edgar King of all Albion doe graunt most willingly that the holy Apostolicke Monastery of Medeshamsteed shall be free for euer from all secular causes seruices that no Ecclesiasticall or lay man shall haue dominion ouer the same or ouer the Abbot therof c. And moreouer that it be secure eternally from all worldly yoke and that it remayne free from al Episcopall exaction and molestation according to the libertyes giuen therunto by the Sea Apostolicke and the authority of the most Reuerend Archbishop Dunstan c. And furthermore we haue thought good to corroborate by this Charter the said priuiledges from the Sea Apostolicke of the Roman Church according to the first institution of the said Monastery which whosoeuer shall presume to infringe let him be damned eternally to hell-fyer by the punishment of the high Iudge S. Peter all the order of Saints Thus far that charter 47. And finally not to goe further in this argument wherof infinite examples might be alleadged I shall end with one only more to shew the perpetuity and continuance of this vse taken out of the fifth age of our English Church to witt of King Edward the Confessor not long before the Conquest who hauing a great desire to enlarge the Monastery of VVestminster with new buyldings and possessions dealt with two Popes therin to witt Leo the nynth and Nicolas the second asking their approbation and confirmation therof which they graunted one after the other Leo wrote backe vnto him in these wordes Leo episcopus servus seruorum Dei Dilecto silio suo Edwardo Anglorum Regi salutem Apostolicam benedictionem And then he beginneth his letter Quoniam voluntatem tuam laudabilem Deo gratatu cognouimus c. For that we haue vnderstood your intention to be laudable and gratefull to God c. We doe agree vnto the same and doe commaund by our Apostolicke authoritie that whatsoeuer possessions you haue giuen or shal giue vnto your said Monastery of VVestminster it be firme and appertayne vnto the Monkes and that the said place be subiect vnto no other lay person but only to the King And whatsoeuer priuiledges you shall there appoint to the honour of God we doe graunt the same and confirme the same by our most full authority and doe damne finally the breakers therof vnto euerlasting malediction 48. Thus Pope Leo the nynth who dying vpon the yeare of Christ 1054. two-other succeded within the space of foure yeares to wit Victor the second Stephen the tenth after whome succeded Nicolas the second vnto whome S. Edward made sute againe by a solemne embassage for confirmation of his said priuiledges of VVestminster and other affayres giuing this title to his letter as before hath bene noted To the highest Father of the vniuersall church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherunto the Pope answered in these wordes Nicholas Bishop and seruaunt of the seruaunts of God vnto the most glorious and pious Edwarde King of England most worthie of all honour our speciall beloued sonne doth send most sweete salutation and Apostolike benediction And after many louing and sweet speeches in the said letter he saith to the petition it self about priuiledges Renouamus ergo confirmamus augemus vobis priuilegia vestra c. We doe renew and confirme and encrease vnto you your priuiledges And for so much that this place of VVestminster from antiquity hath belonged vnto the Kings of England we by the authority of God and the holy Apostles and of this Roman Sea and our owne doe graunt permitt and most strongly confirme that the place for euer be of the iurisdiction of the Kings of England wherin their royall monuments may be conserued and that it be a perpetuall habitation of Monkes subiect to no person but to the King c. We doe absolue the place also from all seruice subiection of the Bishop c. and whosoeuer shall goe about to infringe or inuade or diminishe or vndoe any of these priuiledges we damne him to euerlasting malediction togeather with the traytor Iudas that he haue no parte in the blessed resurrection of Saints c. Thus he And with this shall we end this fourth consideration or argument whereby is sufficiently made euident if nothing else were how vayne and vntrue the imagination of M. Attorney was in the former chapter who by the pretence of
remedy at his hand And if I haue found any grace in your sight although the way betweene you me be long yet I beseech you let my eyes once see your face againe to treat of this matter and that my soule may blesse you before I die Wherfore my dere sonne deale with this holy man VVilfryd as I haue besought you and if in this point you shew your selfe obedient to me your Father that am shortly to departe out of this world it will profit you much to your saluation Fare you well 53. Vpon this letter King Alfred being much moued permitted him to retourne to his Archbishopricke againe And S. VVylfryd by the persuasion of the said Theodorus and other Bishopps was induced to accept the same and so he did for some time but after fiue yeres the complaints of his emulatours growing strong against him he was forced to fly the second time vnto King Etheldred of the Mercians but after againe appealed to Rome and went thither being now full threescore and ten yeares old whence retourning absolued as hath byn sayd with letters of commendation from Pope Iohn the seauenth both to Britwald Archbishop of Canterbury that had succeeded Theodorus as also to Alfred King of the Northumbers and to Etheldred King of the Mercians he obteyned againe his Archbishopricke of Yorke and heldâ— it foure yeares before his death 54. The letters of Pope Iohn vnto the two foresaid Kings doe begin with a complaint of sedition raysed in England amongst the Clergie by opposition against S. VVilfride which he exhorteth the two said Kings to suppresse and then beginneth his narration thus Wheras of late vnder Pope Agatho of Apostolicke memory the Bishop VVilfryd had appealed to this holy Sea for the tryall of his cause c. The Bishops at that time gathered herein Rome from diuerse partes of the worlde hauing examined the same gaue the definition and sentence in his fauour which was approued both by Pope Agatho and his Successours our predecessours c. and then sheweth he how the same hauing succeeded in this his second appeale he doth appoint Britwald Archbishop of Canterbury to call a Synod and by all consents either restore him to his Archbishopricke or to come and follow the cause at Rome against him and whosoeuer did not soe should be depriued of his Bishopricke and then concluding with this speach to the King he saith Vestra proinde Regalis Sublimitas faciat concursum vt ea qua Christo aspirante perspeximus perueniant ad effectum Quicumque autem cuiustibet persona audaci temeritate contempserit non erit a Deo impunitus neque sine damno calitus alligatus euadet Wherefore doe your royall highnes concurre also to this our ordination to the end that those things which by the inspiration of Christ we haue iudged for conuenient may come to their effect And whosoeuer vpon the audacious temerity of any person whatsoeuer shall contemne to doe this shall not be vnpunished of God neither shall he escape that hurte which those incurre whose sinnes are bound from heauen So he 53. And I haue thought good to alleadge this notorious example somewhat more largely for that it expresseth euidently both the acknowledgement and exercise of the Popes authority in those dayes as also the deuoute and prompt obedience of our Christian Kings and Prelates therevnto in that holy time of our first primitiue Church For that of the two forenamed Kings Malmesbury wryteth that Ethelredus of the Mercians receaued the Popes letters vpon his knees on the ground And albeit that Alfryd of the Northumbers somwhat stomaked the matter for a time as done in his dishonour yet soone after being strooken with deadly sicknes sore repented the same and appointed in his testament that S. VVilfryd should be restored which testament the holy virgin Elfled his sister that stood by him when he dyed brought forth and shewed before the whole Synod of Bishops gathered togeather about that matter in Northumberland 57. And thus hauing byn longer than I purposed in this example of S. VVylfryds appeales I will passe ouer as before I haue said the other appeales aboue mentioned of Lambert and Athelard Archbishops of Canterbury vnder King Offa and Kenulfus Kings of the Mercians vnto the Popes Adrian the first Leo the third wâ—â— determined the great controuersie about the iurisdiction of the Sea of Canterbury at the humble sute of the said King Kenulsus of all his Clergie and nobilitie I will passe ouer in like mannerâ— the example of Egbert Archbishop of Yorke who by his appealing to Rome multa Apostolici throni appellatione saith Malmesbury that is by frequent appellation to the Apostolicall throne recouered againe the preheminence and dignity of his Archbishopricke and Pontificall pall vpon the yere 745. which had byn withdrawen from that Church for many yeares togeather after Panlinus his departure And I may add further to this argument and consideration not only that appellations were ordinarily made to the Sea of Rome concerning Ecclesiasticall affaires vpon any aggreiuances of particuler persons Churches or Societyes in those dayes as appeareth by the examples alleadged but also complaints of publicke defects negligences or abuses if they concerned the said Ecclesiasticall affaires were carried to Rome and to the Bishops of that Sea aswell against Bishops and Archbishops as against the Kings themselues where occasions were offered which Bishops of Rome tooke vpon them as lawfull iudges to haue power to heare determine and punish the same by acknowledgement also of the parties themselues whereof we might alleadge many examples But one only in this place shall serue for the present which fell out in the tyme of King Edward the elder vpon the yeare of Christ 894. though others differ in the number of yeares And the case fell out thus 57. The Bishop of Rome in those dayes named Formosus the first being aduertised that diuerse prouinces in England especially that of the VVestsaxons by the reason of Danish warrs were much neglected and voyde of Bishops for diuerse yeares the said Pope saith Malmesbury wrote sharpe letters into England Quibus dabat excommunicationem maledictionem Regi Edwardo omnibus subiectis eim à sede S. Petri pro benedictione quam deder at Beatus Gregorius genti Anglorum By which letters he sent excoÌ„munication and malediction to King Edward and all his subiects from the Sea of S. Peter in steed of the benediction which S. Gregory had giuen to the English-nation wherof Malmesbury addeth this reason that for full seauen yeares the whole region of the VVest-saxons had byn voyde of Bishops And that King Edward hauing heard of the sentence of the Pope presently caused a Synod of the Senatours of the English nation to be gathered in which sate as head Pleamâ—ndus Archbishop of Canterbury who interpreted vnto them strictly saith Malmesbury the wordes of this Apostolicall Legacy sent from Rome Wherupon the
said King and Bishops tooke vnto themselues wholesome counsaile choosing and ordeyning particular Bishops in euery prouince of the Geuisses or westsaxons And wheras the said prouince had but two Bishops in old time now they deuided the same into fiue and presently the Synod being ended the said Archbishop was sent to Rome with honourable presents Qui Papam saith our Authour cum magna humilitate placauit Decretum Regis recitauit quod Apostolico maximè placuit He did with great humilitie endeauour to pacify the said Pope Formosus reciting vnto him the decree that King Edward had made for better furnishing the Countrey with more Bishops for the time to come then euer had byn before which most of all pleased the Apostolicall Pope Wherfore the Archbishop retourning into England ordeyned in the Citty of Canterbury seaueu Bishops vpon one day appointing them seuen distinct Bishoprickes Atque hoc totum saith he Papa firmauit vt damnaretur in perpetuum qui hoc decretum infirmaret And the Pope Formosus did confirme this decree of this distinction of Bishops in England daÌ„ning him eternally which should goe about to infringe the same So Malmesbury and consider the authority here vsed 58. The same Pope also wrote a letter to the Bishopps of England by the said Archbishop Pleamond in these wordes To our brethren and children in Christ all the Bishopps of England Formosus We hauing heard of the wicked rytes of Idolatrous Pagans which haue begun to spring vp againe in your partes and that yow haue held your peace as dumme doggs not able to barke we had determined to strike you all with the sword of separation from the body of Christ and his Church but for so much as our deere brother Pleamond your Archbishop hath tolde me that at length you are awakened and haue begun to renew the seed of Gods word by preaching which was so honourably sowne from this Sea in times past in the land of England we haue drawne backe and stayed the deuouring sword and moreouer doe send you the benediction of almighty God and of S. Peter Prince of the Apostles praying for you that you may haue perseuerance in the good things which you haue well begune c. 59. Thus went that letter with a far longer exhortation â—â— that behalfe with order and instruction how to proceed to coâ—tinew good Bishopps among them which was that as soone â—â— knowledge came to the Metropolitan of any Bishop dead he should presently without delay cause another Canonically to be elected in his place and himself to consecrate the same And moreouer he determineth that the Bishop of Canterbury hath byn euer from ancient times held for chiefe Metropolitan of England otdeyened so by S. Gregory himself as in the Roman Registers was authenticall recorded and therefore he confirmeth the same threatning that what man soeuer shall goe about to infringe this decree shal be separated perpetually from the body of Christ and his Church So Malmesbury 60. And in this example we see many points expressing the sense of these ages as first the vigilancy of the Pope Formosus ouer England the affaires therof though far remote from him and altogether embroyled with warrs no lesse then ouer other Prouinces Kingdomes of the world which is conforme to that which S. Bede writeth of the like diligence of Pope Agatho aboue two hundred yeares before this of Formosus that is to say that he seing the heresie of Monethelites that held but one only will in Christ to spring vp and encrease in diuerse places of the world sent one expressly from Rome into England to learne what passed there Pope Agatho saith Bede being desirous to vnderstand as in other prouinces so also in Britany what was the state of the English Church and whether it preserued it self chaste and vnspotted from the contagions of heretickes sent into England for this purpose a most reuerend Abbot named Iohn who procuring a Synod of Bishops to be gathered togeather about that matter by Theodorus the Archbishop found that the Catholike faith in England was conserued in all points entire and inuiolated of which Synod he had an authenticall copie deliuered him by publicke testimony to be carryed to Rome Thus S. Bede touching the attention and diligence of Pope Agatho in our English Ecclesiasticall affaires 61. And it is to be noted that in the same Synod is sett downe that fower seuerall Kings concurred thervnto to giue therby satisfaction vnto the Pope to wit Egfryd King of the Northumberâ— Ethelred of the Mercians Adelnulphus of the Eastangles Lotharius of Kent which is conforme to that which the King Edward the first â—â— the former example did when presently vpon the threatning letters of Pope Formosus he called forthwith a Councell remedyed the fault that was committed sent the Archbishop Pleamond to Rome to giue satisfaction and promise of amendment for the time to come which is to be presumed that none of these Kings would haue done if they had thought themselues iniured by this intermedling of the Pope as an externall power and that themselues had authority Ecclesiasticall deriued from their crownes to dispose order these things without any reference to the Sea Apostolike And so much for this argument and demonstration which openeth a window to see many things more which by me of purpose are pretermitted for that I couet not to be ouerlong The sixt Demonstration 62. The sixt Argument may be deduced from an vniuersall contemplation of all the Kings Archbishops and Bishops that haue liued and raigned togeather in all this tyme in England and the seuerall Prouinces and Kingdomes therof before the Conquest the Kings being in number aboue an hundred that were Christened as often before hath byn mentioned the Archbishops of Canterbury the spirituall heads of the English Church 32. from S. Augustine vnto Stigano and other Bishops of far greater number laying before our eyes what manner of men all these were what faith they beleeued and practised what vnion and subordination they had in spirituall and temporall iurisdiction amongst them selues both at home and abroad with the Sea Apostolike which in great part hath byn declared by the precedent arguments and demonstrations All which being layd togeather we may inferre that for so much as lawes are nothing else but ordinaunces and agreemenrs of the Prince and people to the publicke good of euery Kingdome State and Countrey we may inferre I say that according as we find the faith and religion of our Princes Bishops and people to haue byn in those dayes so were also their lawes For out of their religion they made their lawes and consequently it must needes follow that they being all perfectly Catholike according to the Roman vse as by all the former arguments you haue seene that they made no lawes concerning Ecclesiasticall matters nor admitted â—onceaued any from their ancestours nor could not doe they being also
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
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 〈◊〉
imò à quoâ—iâ— alio de veritate contrarij si quis eam nouerit humiliter informati We being ready alwayes to be humbly informed of the truth of the contrary not only from your holy iudgement which gouerneth all but from any other that knoweth the same 9. So K. Edward to the Pope at that time concerning his great controuersie of France And albeit he was neuer wholy deuoid of the ielousies suspicions before mentioned that those French Popes did fauour more his enemies the Kings of France then himself and did assist them also oftentymes with graunts of great pecuniary succours vpon the Clergy as himself in some letters doth complaine yet did he neuer for this loose any inward respect reuereÌ„ce or obedience to the said Sea Apostolicke No nor did the said Sea cease for many years after to vse her auncient custome of prouiding Bishopricks and Prelacies in England though commonly they were English-men only As for example the very next yeare after to wit 1344. and 18. of King Edwards raigne the said Pope Clement made Bishop of Norwich one VVilliam Bate-man that had byn Auditour of his Pallace and Courte in Auinion And in the yeare 1362. Pope Vrbanus the fifth made Bishop of Lincolne by his prouision one Iohn Buckingham and of Chichester one VVilliam Lynne and King Edward admitted the same without resistance And foure years after that againe the same Pope vpon the death of Simon Islep Archbishop of Canterbury gaue that Bishopricke by his prouision to Simon Langtham that was Bishop of Ely and translated Iohn Barnet Bishop of Bath from that Sea to Ely and one M. Iohn Harwell being commended greatly by Prince Edward of VVales to the said Pope was admitted by him to the said Bishoprick of Bath as also VVilliam VVickham bearer of the Kings priuy signet was preferred by the said Pope vnto the Bishopricke of VVinchester Domino Rege procurante saith Walsingham that is King Edward procuring and labouring for the same 10. And two yeares after this againe in the yeare 1368. we read that the foresaid Simon Langtham being made Cardinall by Pope Vrbanus and therevpon resigning his Archbishopricke of Canterbury the Pope by his prouision gaue the same to VVilliam VVriothesley Bishop of VVorcester and the foresaid Lynne Bishop of Chichester he translated vnto the Bishopricke of VVorcester and vnto the Church of Chichester he promoted one VVilliam Roade In all which wee read not that K. Edward made any difficulty And the very next yeare after this againe wee find registred that the same Pope prouided the Churches of Norwich Hereford and Exceâ—â—â— of Bishops by his owne prouision only it is said of the later of the three quod Thomas Brangthingham fauore literarum Domini Regis Edwardi ad Exoniensem Ecclesiam promotus est Thomas Brangthingham was promoted by the Pope to the Church of Excester through fauour of the letters of K. Edward 11. And finally this matter went on in this manner vntill towards the later end of K. Edwards raigne when he growing old and feeble as well in iudgement as in body and matters depending most vpon his sonne Iohn of Gaunt who was a disorderly man in those dayes and much cried out vpon by all the Common-wealth as may appeare by that he was afterward deposed by Parlament from al gouernment though it lasted not long shewed himself enemy to the State of the Clergy as soone after he well declared by the imprisoning of VVilliam VVickham Bishop of VVinchester assayling Courtney Bishop of London fauoring the famous hereticke Iohn VVickcliffe at his beginning publickly and other such signes and demonstrations at this time I say being the 47. of the raigne of K. Edward according to VValsingham or 49. according to Polidor though the booke of Statutes doth appoint in the 25. and 27. years of the said Kings raigne were the Statutes made or perhaps begun to be put in execution against recourse to Rome except in causes of appellation and against prouisions of benefices to be gotten or procured from thence not at home by the patrons thereof Rex Edwardus saith Polidor primus omnium de Consilij sententia indixit immanem illis paenam qui in posterum impetrarent vbiuis gentium Anglicana sacerdotia à Romano Pontifice aut causas nisi per appellat tonem ad eundem deferrent c. Lex prouisionis siue de Praemoneri vocitatur King Edward first of all other Kings by the sentence of his Counsell did decree most horrible punishment vnto those that for the time to come should in any parte of the world obtaine English benefices from the Pope of Rome or should carry any causes vnto him but only by appellation The law is called the law of Prouision or Praemunire 12. And the same Author addeth further that Pope Gregory the 11. hearing of this law tooke the matter greiuously and wrote to King Edward for the reuocation therof but there ensuing presently a great schisme in the Church of Rome which endured allmost 50. years vntill the tyme of Martin the 5. King Edward also not liuing many years after and the disordinate gouernment of his Nephew K. Richard the 2. with the tumultuation of the VVickcliffians succeeding nothing was done therin And yet doth it appeare by VValsingham that vpoÌ„ that very same yeare of 1374. which was the 48. of K. Edwards raigne there was a treaty begun in the moneth of August at Bruges in Flaunders between Embassadors sent both from the sorsaid Pope Gregory and King Edward to treat of these points and that the said treaty endured almost two yeares Et tandem saith he concordatum est inter eos quod Papa de catero reseruationibus beneficiorum minimè vteretur quod Rex beneficia per literas Quare impedit vlterius non conferret At length it was agreed between them that the Pope for the time to come should not vse reseruations of benefices to himself and that the King should no more bestow benefices by his writ of Quare impedit 13. Thus much writeth VValsingham and toucheth no other points which yet probably may be presumed to haue byn treated at that time namely that the Kings for the time to come should haue the nominations of Bishops and the Pope only the confirmation and inuestiture except in certaine cases as afterward we haue seen practised not only in England but in most Catholicke Kingdomes round about but this by concession and agreement of the Sea Apostolicke it self without any least intention in the said Princes to deny the supreme spirituall power authority of the said Sea much lesse to take it vpon themselues as M. Attorney would inferre that they did out of these peeces of Statutes which he alleadgeth for that purpose Whervnto now we shall answere breifly as they ly in this booke M. Attorneys obiections out of the Raigne of King Edvvard the third §. I. 14. For that these obiections are many
of Parlament was that whosoeuer hereafter should attempt or procure any such prouisions he should be out of the Kings protection whereby euerie man might lawfullie kill him c. 35. And in the same Parlament the like and many other inconueniences are represented against reseruations of benefices by the said Sea Apostolicke and Bishops therof whervpon it is decreed by the King and his great men and Commons that the said reseruations shall not bee suffered or admitted for the time to come as a thing not due to the Sea Apostolicke But that all Archbishops Bishops and other dignities and benefices Electorie in England shall bee permitted to free election as they were graunted by the Kings progenitours founders therof and the auncestors of other Lords that had founded any such benefices and might haue reserued to themselues as Patrons and founders the presentations there vnto 36. Moreouer Complaint being made by diuers of the Kings people that many were greatlie troubled and drawne out oftentimes of the Realme by vnquiet and litigious people that made appeals to Rome to answere to things wherof the Conusaunce pertained to the Kings Court c. It was assented and accorded by the King and by the great men and Commons that whosoeuer should draw any man out of the Realme in plea wherof the Conusaunce pertained to the Kings Courts should incurre the daunger of Praemunire And finallie that no man presume to cite sue vex molest any by Censures procured from the Popes Courte against any for obseruing these laws and like other ordinances vpon paine of seuere punishment c. 37. To all which we answere that diuers circumstances may bee considered about these Statutes Ordinances and Decrees as well of the times and persons as of the occasions causes and manner of doing And to begin first with the last it may bee that either all or some parte of these restrictions might be made by some kind of consent or toleration of the Popes themselnes vpon the often representing of the inconueniences which we haue seen before made by diuers Princes from K. Henry the 3. down-ward and the answers as well of Innocentius the 4. as other Popes that the said inconueniences should be remedied And to the same effect putteth downe VValsingham this K. Edwards letters at seuerall times to sundry Popes for that end And vpon the yeare 1373. â—hich was the 47. of his raigne long after the making of these Statutes he sent againe to Gregory the 11. to intreat his consent and good will to the same Rex Edwardus saith Walsingham eodem anno misit Ambassiatores ad Dominum Papam rogaus câ—m c. The same yeare K. Edward sent Embassadours to the Pope praying him that he would be content to surcease from prouiding benefices in England that Clerks might enioy their rights to Ecclesiasticall dignities by elections as in old time they were accustomed So as heere we see that the King pretended right by ancient custome in these affaires Neither did this Pope altogeather deny it For VValsingham addeth super quibus articulis nuncij à Papa certa recepêre responsa c. vpon which articles the Kings messengers receiued from the Pope certaine answers of which they should informe him at their returne that nothing should be determined vntill the King had written againe his mind more fully vnto the said Pope And then in the next yeare after he saith as before you haue heard that the Pope and the King were agreed vpon these and like points 38. And if this were so at this time then may it be presumed also that before vpon the 25. yeare of his raigne when he first made those Statutes of restraint he had also some secret consent or conniuency of Pope Clement the 6. or Innocentius the 6. that immediately ensued him to the same effect at least wise for the ceasing of prouisions and reseruations except only vpon great and weighty causes for in such cases we find that they were vsed also afterward and that ambitious busie and troublesome people that should deceitfully procure such prouisions or rashly and vniustly appeale or molest men with Citations Censures and the like should be punished And this was a thing so needful oftentymes as S. Bernard himself that liued vnder King Henry the first and writing to Pope Eugenius that had byn his scholler of the great abuses of troublesome appellatioÌ„s in his dayes wisheth him as on the one side to admit all due appellations which of right were made vnto him and to his tribunall from all partes of the world so on the other side to punish them that made them vniustly 39. All which being considered togeather with the time before noted wherin K. Edward made these restraints to wit when he had great warrs in France for challenge of the Crowne and no small iealousie with the Popes Cardinals and Roman Court as being all or the most parte French at that day and residing in Auinion in France the continuall clamours also of his people much exaspered by certaine particular abuses and excesses of some Ecclesiasticall officers the maruaile is not so great if he tooke some such resolution as this de facto at least for satisfying especially of the laity who were most instant in the matter Yea by whom only it seemeth to haue byn done For that in none of these Statutes is mentioned expressly the consent of the Lords spirituall but of the King and Great men Magnatum in Latin and of the Communalty which is repeated in euery of the forsaid Statutes except one where is said The King by the assent and expresse will and concord of the Dukes Earles Barrons and the Commons of this Realme did determine c not mencioning at al the Bishops Archbishops Abbots and other Ecclesiasticall Prelates that had right of suffrage in those Parlaments and consequently how far this probation de facto doth proue also de Iure I leaue to the Reader to consider 40. Only we conclude that howsoeuer this was either by right or wrong for the manner of determining certaine it is that King Edward did not therby diminish any way his opinion or iudgment of the Popes spirituall authority as may appeare by al his other actions writings to the same Sea afterwards and of his respectiue carriage and behauiour not only towards the Popes but to his owne Clergy also in England in all matters belonging to their superiority Ecclesiasticall In proofe wherof vpon the very selfsame 25. yeare of his raigne wherin the former Statutes of restraint were decreed against such of his subiects as should offend therein he made another Statute intituled A confirmation of all libertyes graunted the Clergy And after ward vpon the 31. yeare another Statute intituled A confirmation of the great Charter and of the Charter of the Forrest Which great Charter containing the priuiledges libertyes and superiority of the Church is confirmed by him againe in
indeed for if they were and had but so much as primam tonsuram they could not bee held nor iudged by that Court as often before hath byn shewed it is euident where the eminencie of authoritie laie in those daies to wit in the spiritualtie aboue the temporaltie vayne it is to stand vpon other trifling circumstances whether the Bishops deputie sent to demaund the liberty of those felons by law did giue attendance vpon the Kings Courts or no or whether he or the Iudges that were lay-men must iudge of this sufficieÌ„cy or insufficiency whether the fellon did read as a Clarke or not For if the temporall Iudges must discerne therof as M. Attorney auerreth then in vaine was the Bishops Deputy called thither without whom it might haue byn done by the Iudges alone But if he were of necessity to be called thither and vpon his oath to pronounce si legit vt Clericus and that vpon his verdict the Iudge must giue sentence to admit the fellon to the benefit of Clergy and thervpon to haue pardon of his life and to be deliuered vnto the Bishops prison as of higher authority then is it manifest that this instance impugneth rather then helpeth M. Attorneys assertion as commonly doe all the rest when they are well examined The Attorney The Popes excommunication is of no force within the Realme of England In the raigne of King Edward the 4. a Legat from the Pope came to Calles to haue come into England but the King and his Counsell would not suffer him to come within England vntill he had taken an oath that he should attempt nothing against the King or his Crowne and so the like was done in his raigne to another of the Popes Legats this is so reported in 1. H. 7. fol. 10. The Catholicke Deuyne 14. The first parte of this instance about the validitie of the Popes excoÌ„munication hath oftentimes been answered before what circumstance and conditions were agreed vpon to bee obserued in the execution thereof for auoiding inconueniences that came by false suggestions of some troublesome people and among other that it should allwaies bee directed to some Bâ—sâ—op whose certificate should bee required for the lawfvllnes therof as before hath been shewed out of the 3. yeare of K. Edward the 3. hath appeared also before out of King Richards Statute where all the Bishops expounded themselues that it was not meant to derogate by that Statute from the Popes authoritie to excoÌ„municate c. And in this very place and next words after this present instance hath M. Attorney another instance out of King Richard the 3. in these words It is resolued by the Iudges that the iudgment of excommunication in the Courte of Rome should not bind or preiudice anie man within England at the Common-law Wherby is cleerly declared the meaning of the former cause to wit that the popes excommunication which is a spirituall sentence or punishement for spirituall affaires may not preiudice temporall all suites at the Common-law in temporall matters and it is not much sinceritie in M. Attorney to alleadg these parcells of his Iudges determinations so nakedly as he doth without distinction or explication to the end his simple Reader may be put in error therby 15. The other instance of the Popes Legate staied at Calles and not suffered to come into England vntill he had taken an oath to attempt nothing against the King or his Crowne sheweth that King Edward rather doubted and feared his authoritie then contemned or denied the same especially he being in that controuersy about the Crowne as then hee was and the Pope interposing his spirituall authoritie between K. Henry the 6. and him And as well he might alleadge the example of the Popes messenger detained in Calles by commaundement of King Phillip and Q. Marie when he brought the Cardinals hat from Paulus 4. to Friar Peto for that the said Princes would not suffer him to come into the Realme vntill they had otherwise informed the said Pope by their Embassadours in Rome that the same was not expedient And yet did not this proue that they either contemned the Popes authoritie or thought this soueraigntie of spirituall iurisdiction to bee in themselues And it is a case that often falleth out in the affaires of Catholicke Princes with Popes when they doubt anie thing will proceed against them from the said Sea Apostolicke to keep off the execution or notification therof by what means they can vntill matters bee compounded And we haue had many examples therof before namely in the raignes of K. Henry the 2. K. Iohn K. Henry the 3. and two King Edwards following him who fearing excommunication were vigilant in prohibiting that no messenger from Rome should enter the Realme without their licence which was an argument rather of their esteeme then disesteeme of that place and power Out of the raigne of K. Henry the seauenth who was the nyntenth King after the Conquest §. II. In the raigne of K. Henry the 7. the pope had excommunicated all such persons whatsoeuer as had bought alume of the Florentines and it was resolued by all the Iudges of England that the Popes excommunication ought not to bee obaied or to bee put in execution within the Realme of England In a parlament holden in the first yeare of King Henry the 7. for the more sure like reformation of Priests Clerks religious men culpable or by their demerits openly noised of incontinent liuing in their bodies contrarie to their order it was enacted ordained and established by the aduise and assent of the Lords spiritual and temporall and the Commons in the said Parlament assembled and by authoritie of the same that it bee lawfull to all Archbishops and Bishops and other Ordinaries hauing Episcopall iurisdiction to punish and chastise Priests Clercks and religious men being within the bounds of their iurisdiction as shall bee conuicted afore them by examination and lawfull proofe requisite by the law of the Church of aduowtry fornication incest or anie other fleshly incontinency by committing them to ward prison there to abide for such time as shall bee thought to their discretions conuenient for the qualitie and quantitie of their trespasse And that none of the said Archbishops Bishops or Ordinaries aforesaid bee therof chargeable of to or vpon anie action of false or wrongfull imprisonment but that they be vtterly therof discharged in anie of the Cases aforesaid by vertue of this Act. Rex est persona mixta because hee hath both Ecclesiasticall and temporall iurisdiction By the Ecclesiasticall laws allowed within this Realme a Priest cannot haue two benefices or a bastard can bee a Priest but the King may by his Ecclesiasticall power and iurisdiction dispense with both of these because they be Mala prohibita and not Mala per se. The Catholicke Deuyne 16. Heere are three or foure instances for breuityes sake layed
His reconciliation vvith the Sea of Rome ibid. num 62. 63. His death ibidem n. 66. Iurisdiction spirituall and temporall and the dependance or independance the one of the other cap. 2. n. 6. 7. Iurisdiction-spirituall internall and externall cap. 2. n. 16. Ins how farre the vvord extendeth cap. 1. num 3. K. Key of knowledg cap. 6. num 32. Kinges capable of Ecclesiasticall iurisdiction by commission cap. 12. n. 29. King how he is Persona mixta c. 14. num 1â— King Edward the CoÌ„fessor his Charters and priuiledges for Church-libertyes cap. 5. n. 15. deinceps Item his subiection to the Pope ibid. num 16. 17. 18. King Edward the first excommunicated by Pope Formosus cap. 6. n. 57. King Edvvyn of Northumberland demaunded Bishops from Rome c. 6. nu 22. Priuiledges graunted vnto him by Pope Honorius ibidem King Edgar his reformation of the Clergy of England by authority from Rome cap. 6. num 27. King Ceadwalla of the VVestsaxons his going to Rome and death there cap. 6. num 40. King Ethelbert of kent his Charter for Church priuiledges cap. 5. num 11. His dependance of the Sea of Rome cap. 6. num 20. King Inas his lavves in fauour of the Pope cap 6. num 69. His Peter-pence paid to Rome ibid. num 68. King Kenulphus his Charter for Church priuiledges cap. 5 num 3. 4. His letter and humble petition to Pope Leo. cap. 6. num 30. 32. King Offa of Mercia his atteÌ„pt against Iurisdiction of the Sea of Canterbury cap. 6. num 29. King Offa the younger of Mercia his Confirmation of Peter-pence to Rome cap. 6. n. 70. King Osway of Northumberland his embassage to Pope Vitalianus for an Archbishop into England cap. 6. n. 24. King of Spaine his Ecclesiasticall Iurisdiction in Sicily cap. 15. num 20. Knightes of the Temple suppressed in England cap. 11. nu 43. L. Lanfranke chosen Archbishop of Canterbury cap. 7. n. 4. His letter to Pope Alexander the second ibidem Lawes Ecclesiasticall not made but receaued by secular Princes cap. 1. n. 4. Lawes-birthright cap. 1. num 18. 19. Lawes municipall and their antiquity cap. 1. n. 19. Their commodityes discommoâ—â—â—â—â—â— ibid. num 20. Lawes-canon and how they vvere first receyued in England cap. 4. n. 17. Law-Ciuill and vvhat it is c. 4. n. 24. Law of Nature cap. 4. num 25. Law Euangelicall cap. 4. num 29. Lawes municipall of England cap. 4. num 39. Lawes made before the Conquest by secular princes concerning Ecclesiasticall iurisdiction cap. 6. n. 3. 4.5.6.7 deinceps Lawes Ecclesiastical not made by Princes but by Prelates in England c. 6. n. 9. Lawes attempted by K. Henry the second against the Church of England cap. 9. n. 7. Lawes of K. Edward the first in preiudice of the Clergy of England cap. 11. num 21. Law of Premunire and beginning therof cap. 12. n. 11. 12 Lawes Ecclesiasticall subiect to euery mans particular caluÌ„niation c. 15. n. 19. Legates of the Pope forbidden entrance into England and vvhy cap. 14. num 13. 15. Leopold Duke of Austria his imprisoning of K. Richard the first cap. 9. num 39. Lollards heretickes in England cap. 13. n. 7. Lawes for their apprehension and execution ibid. num 7. 23. Their name and origen ibidem Luther impugned by K. Henry the 8. Cap. 15. num 4. 5. 6. deinceps His inconstancy inueighed at by the same King ibid. num 7. M. Missions into England by authority of the Pope cap. 6. num 33. Monasteryes and Abbeys founded in England before the Conquest cap. 6. à num 37. vsque ad 49. Monasteryes and Churches priuiledges procured from Rome cap. 6. n. 37. 38. 39. Monastery of S. Bertulphes the priuiledges therof cap. 6. num 39. Motiues that indured K. Edw. the 3. to proceed so violently against the Church of England cap. 12. num 3. Mounsieur Lansackes coÌ„ference vvith Queene Elizabeth cap. 15. num 41. N. Name of Lollards from whence it is deriued cap. 13. num 23 24. M. Attorneys ridiculous Etimology therof ibid. num 22. Nature and conditions of spirituall and temporall iurisdiction expressed by S. Gregory Nazianzen cap. 2. num 4. Nicolas Morris Abbot of VValtham punished by K. Edw. the third vvhy cap. 12. num 29. 32. Nouelty of Q. Elizabeths supremacy misliked by Puritans and Protestants cap. 4. num 41.42.43 deinceps O Oath of Supremacy exacted first of all by Queen Elizabeth cap. 4. num 52. 53. Oath of K. Stephen for the maintenance of the libertyes of holy Church of England cap. 8. n. 27. Obedience of Clergy-men due to the Ciuill Magistrate and how cap. 2. num 33. 34 Obedience of K. Edward the Confessor to the Popes of Rome in his tyme. cap. 5. num 16.17 18. Occasion of the breach of K. Iohn with the Sea Apostolicke cap. 9. num â—7 Occasions of K. Henry the 8. his breach from the pope cap. 15. numero 10. 11. Offa King of the Mercians his confirmation of Peter-pence to the Sea of Rome cap. 6. num 70. Ordinances and decrees of Pope Formosus for the Church of EnglaÌ„d cap. 6. num 59. Origens of spirituall and temporall iurisdiction different cap. 15. num 29. Osius his resolute speach to Constantiâ—s the Emperour cap. 4. num 7. P. Palles of the Archbishops of England accustomed to be taken at Rome cap. 7. n. 11. S. Paules esteeme of spirituall Power giuen vnto him other the Apostles and their successors cap. 2. n. 13. 14. His eager reprehension of vvomans superiority in the Church cap. 4. n. 32. Peace of the Church what it is cap. 7. num 16. Pascalis the pope his letter to King Henry the first cap. 8. num 10. Pennance of K. Henry the 2. at the body of S. Thomas of Canterbury cap. 9. num 19. Peter-pence paid to Rome and the beginning therof cap. 6. n. 67.68 69. The same coÌ„firmed by K Offa. ibidem num 70. Also by K. Adelnulph ibid. num 71. In like manner by K. Canutus the Dane ibid. num 72. By K. Edward the Confessor ibidem num 73. Item by K. VVilliam the Conquerour ibid. num 74. And by other kinges vntill K. Henry the 8. ibid. num 75. Perills that often rise by the insolency of priuate men cap. 16. num 3â— Pilgrimage to Rome for deuotion by diuers of our English kinges cap. 6. num 76.77 deinceps Plurality of benefices and vvho can dispense therwith cap. 14. num 20. Pointes commendable in a good pastor cap. 4. num 37. Pope Honorius his priuiledges to K. Edwyn of Northumberland cap. 6. n. 22. Pope Formosus his excommunication of K. Edward the first before the Conquest cap. 6. num 57. His decrees and Ordinances for the Church of England ibid. num 59. Pope Pascalis his letter to K Henry the first cap. 6. num 10. Popes prouisions in EnglaÌ„d for Ecclesiasticall liuinges to straÌ„gers cap. 12. n. â—
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.
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
the Kings Ecclesiasticall lavves or the Ecclesiasticall lavves of England Statut. de Consult editum an 24. E. 1. The explication true meaning of the former prouision 〈…〉 â—â—dâ—â—ations 〈◊〉 anno 5. Edouardi 2. 〈◊〉 18. 〈◊〉 â— cap. 5. Different Courtes shevv different origen of authorityes M. Attorneys common refuge refuted These 2. Kings made most restraints The punishment of these tvvo Princes and their posterity for their violence vsed tovvards the church Particular motiues of K. Edvvard 3. for proceeding as he had VValsingam in vit Ed. 1. anno â—341 The Kings letter to Pope Clement the sixt The complaint reasons against prouisions froÌ„ Rome * Sup. 35. â— â— VValsingam 〈◊〉 vita Edouards 3. The humble supplication of King Edvvard to the Pope before he made his restrictioÌ„s King Edvvardes great embassage vnto the Pope King Edvvards protestation of obedience for himself and his The continâ—ance of the Popes proâ—â—â—â—â— in England VValsing in vita Ed â— an 1366. Diuers other examples The lavve of premunire Polidor hist. Angl. lib. 19. A concordate betvvene the Pope and K. Edvv. for prouisions Supra cap. â— â— 4. 1. instance 16 â— 3. 〈◊〉 excom 4. 1. Ansvvere VValsing in vita Edou 3. anno 1340. â— instance In the Raigne of Ed. 3. â— Ansvvere Snprâ— fol 9. The common lavv cannot determine vvho shall giue cure of benefices vvith spirituall authority belonging therevnto This instance maketh against M. Attorney himselfe 3. Instance 17. â— 3. 23. 20. E 3. enâ—oâ—â—â— 9.16 E. 3 tit bâ—â—u 66. 21 E. 3.6 â— H. 7. 14. Fâ—â—z Na. br 2. Ed. 3. â—â—t excom 6. 21 E. 3. 4. fol. 4. 23. E 3. l. Ass pl. 75. 27. Ed. 3. fol 84. Fitz Na. Br. fol. 34. The Ansvvere to the first second 26. 〈◊〉 King Edâ—vard did not giue Episcopal iurisdictioÌ„ Supra cap. 2. 3. The saying of the Emp. Valentin Supra cap. 4. Supra cap. 6. To the 4. Trifling obiectioÌ„s To the 5. To the sixth Supra cap. 7. M. Attorneys case plaine against himself The 4. Instance 30. E. 3. l. ass pl. 19. 32. H. 4. 16 14 H. 4. 14. 8. H. 6. fol. 3. 35. H. 6. 42. 28 H 6. 1. 7. Ed. 36 14. 11. E. 4. 16 Fitz. Na. Br. fol. 64 E. vide 9. E. 4. fol. 3. hereafter fol. 11. It ought to be determined in the Ecclesiastical Courtes of EnglaÌ„d 21. E. 3. tit excoâ— 6. 31 â— 3. tit Ayde de Roy 103. The Ansvvere Bulls from Rome not admitted except they come certifyed froÌ„ some Prelate at home Sâ—â— Sup. cap. 7. Kings are capable of ecclesiasticall iurisdiction by commission The â— Instance 38. ass pl. 30. See the stat of 15. E. t. c. 4. 31. E. â— c. 11. 38. Ass. pl. 22. 46. E. â— tit pramunure 6. 49. E. 3. l. Ass. pl. 8. The Ansvvere Some things may beloÌ„g to differeÌ„t courtes in different respects Supra in 〈◊〉 â— VVhy the Abbot of VValtam vvas seuerely punished The â— Instance The summe of the first restraint about Prouisions Stat. 25. E. 3. de prouisoribus The Ansvvere AgreemeÌ„t betvvene the King and Pope about prouisioÌ„s VValsing in vita 〈◊〉 an 1371. See S. Bernard a◠〈◊〉 â—l 2. de Consideracione ad Eugeniâ—â— Of the reasons manner of coÌ„cluding these restraints by K. E. the 3. King Edvvards restraints diminished not his devv respect to the church An. 2â— E. 3. â—tat 3. Stat. â— cap. 1. 42. E. 3. â— 1. The disordinate life of K. Edvvard the third VValsing in vita Edouardi 3. an 1340. This King raigned 12 years froÌ„ 1377. to 1399. The causes of K. Richardes disorders King Richard often confirmed the libertyes of the church The practice of Church-libertyes by Clergy-men vnder K. Richard the second Respect borne by King Richard to the true Pope 2. Rich. 2. cap. 7. King Richard obeyed the Censures of the Church VValsing an 1379. M. Attorneys Instance out of this K. Raigne The crovvne of EnglaÌ„d not subiect to any in temporalityes In vvhat sense the Bishop yelded to the statute of Premunire K. Henr. 4. raigned 13. yeares from 1399. to 1412. Stovv in Kent 4. H. â— raigned ten years from 1412. to 1422. Richard Earle of Cambridg Henry lord Scroope treasurer Edmond Earle of March c. H. 6. raigned 18 yeres from 1422. to 146â— Polidor lib. 12. Hist. Augâ— in Hen. 6. VValsing in vita Henriei 4. an 1490. English Prelates sent to the Councell of CoÌ„stance Lavves for executing of Lollard and vvicklifists First Instance 2. H. 4. fol. 9. The Ansvvere Hovv Bishops may be called the Kings spirituall Iudges Supra cap. â— 2 Instance Fitz. Nat. 〈◊〉 269. This had a resemblance to an Attainder of treason â—herin there must be first an ind4ctment by one Iurie and a conuiction â—y anâ—ther 11. H. 4. 37. The Ansâ—â—re Tvvo condemnation not euer necessary in case of hâ—resy M. Attorneys marginal note reproued In Cod. l. Manicheos l. Arriani l. Quicunque apud Paul Diacon l. 14. 16. * See cap. ad abolendum cap. excoÌ„municamus extra de haeret in 6. de heret cap. Super co 6. Decâ—et l 5. 〈◊〉 2. de liçreticis An. 1227. Decree of Pope Gregory the nynth about proceeding against heretickes Causa 15. q. 7. c. Si quia tumidus ex con 1. Carthag Hovv the Pope in old time might alter English lavves 3 Instance 1. H. 4. fol. 69. 76. 14. H. 4. f. 14. vide 20. E. 3. l. ass pl. 19. before vide 13. E. 3. Certificat 6. vide 20. H. 6. 1. 35. H. 6. 42. 7. E. 14. Fitz. Na. Br. 46. ff 14. H. 4. 14. Statut. de 2. H. 4. cap. 3. Ansvvere to the first To the second VVhence Bishops courtes haue their authority * Râ—portes fol. 8. 9. To the third The King may commaund the Bishop to doe his duty 4 To the fourth 4 Instance Stat. 6. H. 4. 1. The Ansvvere Against brybing in Rome and other like abuses The first instaâ—ce of the Attorney Stat. de 3. H. 5 cap. 4. The Ansvvere This statute maketh nothing for M. Attorney Statut. de 2. H. 5. â— 7. Lâ—llardy a â—olio For as Cockâ—e is the 〈◊〉 of the Corne so is heresie the destruction of true religion Statut. de 2. H. 5. c. 1. The Ansvvere VVhy teÌ„porall Iustices medled vvith Lollards VValsing in vita Heâ—riâ—s 5. VVhence the name of Lollards vvas taken The three conuersions of EnglaÌ„d part 2. â—ap 9. nu 31. cap. 19. num 34. 35. c. For in his booke of Acts and monuments pag. 419. â— H. 6 fol. â— 9 H. 6. fol. 16. 1 H. 6. 1â— To the first Bullâ— could not be promulgated vvithout the certificate of a Bishop To the second See Supra cap. 6. 3 to the third K. Ed. 4. raigned .12 yeres from 1460. to 1483. Syr Thom. More in â—it Richards .2 〈◊〉 â— Richard 3. raigned from 14â—3 to 1485. K Henry the seueÌ„th raigned from 1485. to 1509. to vvit 24. yeres All fovver Princes agree in our
OF THE CONTROVERSY Discussed throughout this vvorks WHat is in the 〈…〉 in the 〈◊〉 yeare of 〈…〉 there is giuen 〈…〉 power and 〈…〉 as by any 〈…〉 hath 〈…〉 may lavvfully bee 〈…〉 did assigne 〈…〉 great Seale of England 〈…〉 diction whatsoeuer vvhich â—â— any manner â—pirituall 〈…〉 Authority or Iurisdiction can or may lavvfully be vsed to correct and 〈◊〉 errors heresies schismes abuses c. The question is Whether this authority and spirituall 〈…〉 to the ancient lawes of England in former times 〈…〉 were a Statute not introductory 〈…〉 lavv 〈…〉 only of an old so as if the said Act had neuer 〈◊〉 made yet the 〈…〉 that authority and might haue giuen it to others as 〈…〉 holdeth the affirmatiue part and the Catholicke 〈…〉 TO THE RIGHT VVORSHIPFVLL SYR EDVVARD COOKE KNIGHT His Maiesties Attorney generall SYR I had no sooner taken a sight of your last Booke entituled The fifth Part of Reportes vvhich vvas some number of monethes after the publication therof in England but there entred vvith the reading a certaine appetite of ansvvering the same and this vpon different motiues as vvell in regarde of your person and place abilitie and other circumstances depending theron as also of the subiect and argument it selfe vvhich yovv handled and manner held in handling therof to â—he greatest preiudice vvrong and disgrace of Catholickes and Catholicke religion that you could deuise And first in your person and place I considered your facultie and profession of the common lavves of our Realme your long standing and speciall preferment therin your experience and iudgemeÌ„t gathered thereby your estimation and credit in the Common-vvealth and your authority honour and riches ensuing thervpon all vvhich drevv me to the greater consideration of your Booke but principally your said profession of our Common temporall Municipall lawes vvhich science aboue all other next to Diuinitie it selfe doth confirme and conuince vnto the vnderstanding of an English-man the truth of the Catholicke Roman religion For so much as from our very first Christian Kings Queenes vvhich must nedes be the origen and beginning of all Christian common lavves in England vnto the raigne of King Henry the eight for the space of more then nyne hundred yeares all our Princes and people being of one and the selfe same Catholicke Roman religioÌ„ their lavves must needes be presumed to haue byn conforme to their sense and iudgment in that behalfe and our lavvyers to the lavves so as novv to see an English temporall lavvyer to come forth and impugne the said Catholicke religion by the antiquity of his Common-lavves throughout the tymes and raignes of the said Kings in fauour of ProtestaÌ„ts Lutheranes Caluinistes or other professors not knovvne in those dayes is as great a nouelty and vvonder as to see a Philosopher brought vp in Aristotles schole to impugne Aristotle by Aristotles learning in fauour of Petrus Ramus or any other such nevv aduersary or lately borne Antagonist Or as to behold an ancient Phisitian trayned vp in Galens tents to fight against Galen and Galenistes out of their ovvne bul-vvarkes or fortresses yea and this in ayde of Paracelsians or any other fresh crevv of Alchimian doctors vvhatsoeuer 3. This first consideration then of your person place and profession did inuyte me strongly to come and see vvhat you said in this behalfe but no lesse did the argumeÌ„t or subiect of your booke togeather vvith your maÌ„ner of treating the same of vvhich tvvo points I shall speake seuerally for that they haue seuerall ponderations all in my opinion both important rare and singular For vvhat more important matter can be thought of among ChristiaÌ„s then to treat of Spirituall Power Ecclesiasticall Authority being the kinges bench of Christ on earth the table of his scepter the tribunall of his dominion iurisdiction vvhereof dependeth the vvhole direction of soules the remission of our sinnes the efficacy of his Sacraments the lavvfulnes of all priesthoode and ministery the gouernment of the vvhole Church and finally the vigour frute effect of all Christian religion This is the importance of your argument M. Attorney and consider I pray you vvhether it standeth vs not much in hand to be attentiue vvhat you say and hovv substantially you pleade in this matter 4. And as for the other tvvo circumstances of rarenes and singularity vvhere may they more be seene then in this so vveighty a case conteyning the vvhole povver of the sonne of God both in heauen and earth for so much as belongeth to remission of sinnes and gouernement of his earthly inheritance vvhich is heere handled and ouer-ruled by a temporall lavvyer and by him giuen to a temporall Lady and Queene and this not only by force of a temporall Statute made in ParlameÌ„t to that effect the first yeare of her raigne vvhereby Ecclesiasticall Supremacy vvas ascribed vnto her but by the very vigour of her temporall crovvne it self vvithout any such Statute and by vertue of the ancient pretended Common-lavves of our Realme vvhich Common-lavves being made receaued introduced and established by Catholicke Kings and Queenes as hath byn said maketh the matter so strange and rare the vvonder admiration so great as neuer paradox perhaps in the vvorld seemed more rare singular in the eyes of Philosophers then this in the iudgement of learned Deuines And vvho then vvould not be allured vvith this singular nouelty to search somvvhat after the depth of so nevv deuised a mystery 5. After this ensueth as considerable your methode manner of handling this subiect vvhich to me seemeth nothing vulgar and consequently to you and 〈…〉 particularitâ—es 〈…〉 ‑ cero That yo◠〈…〉 uersies and 〈…〉 forth All that 〈…〉 grâ—â—e repâ—â—â—â—◠〈…〉 your side 〈…〉 vse your 〈…〉 the truth for 〈…〉 modesty and 〈…〉 7. All thâ—â—â—â—hin 〈…〉 encourage 〈…〉 reuievv o◠〈…〉 hope to my 〈…〉 modesty and 〈…〉 so much comm 〈…〉 ued and intenâ—â—◠〈…〉 cleere face 〈…〉 in your 〈…〉 you vvill doe 〈…〉 ‑ cile cedes 〈…〉 your self â—â— the 〈…〉 animo digâ—â—â—â—◠〈…〉 se sua spoâ—te 〈…〉 in deed to confessâ—◠〈…〉 fortitude but 〈…〉 ner goeth grea◠〈…〉 soules neuer-dying 〈…〉 â—e accompted our highest interest for that the â—uestion novv in hand betvveene you and me â—oÌ„cerneth the same most neerly as in the sequent â—reface vvill more largelie appeare â— Novv only I am to say promise also on my â—ehalfe that I meane to proceed in the prosecuâ—ion of this vvorke according to your foresaid â—rescriptions of truth temperance modesty and vrâ—anity and this both in center and circumference â—s neere as I can and if necessity at anie time or â—pon anie occasion shall enforce me to be more earnest it shall be rather in the matter it self then against the man I meane your self vvhose person and place I shall alvvaies haue in devv regard though I may not omit to tell you that in some partes of your booke especially tovvardes the end
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
the Archbishops and bishops seals of office for testisying of this the Kings Highnes armes be decentlie sett with Characters vnder the said Armes for the knowledge of the diocesse that they shall vse noe other seale of Iurisdiction but wherin his Maiestyes armes be engraued c. 23. Lo heere not onlie the name and Authoritie of head of the Church giuen to K. Edward the Child and taken from the Pope but all Iurisdiction also and signe of Iurisdiction spirituall taken from the Archbishops and Bishops of England excepting onlie so far forth as it was imparted vnto them by the said Child K. Which importeth much if you consider it well For this is not onlie to haue power to visitt and gouerne Ecclesiasticall persons and to reforme abuses Set downe in the Queenes graunt by parlament but to haue all Ecclesiasticall and spirituall power and iurisdiction originallie included in his owne person and so to be able from him self as from the first fountaine and highest origen on earth to deriue the partes parcells thereof to others which you may consider how different it is from that which here the Statute would seeme to ascribe to the Queene and opposite and contrarye to all that which the ancient Fathers in the precedent chapter did affirme protest not to be in their Kings and Emperours at all but in Bishops and Preists onlie as deliuered immediatlie to them by Christ our Sauiour and by them and from them onlie to be administred to others for their saluation But by this new order of the English Parlament the contrarie course is established to witt that it must come to Bishops and Preists from a laie man yea a Child and from a lay-woman also as the other Parlament determineth and then must it needs follow also as after more larglie shall bee proued that both the one and the other I meane K. Edward and Queen Elizabeth had power not onlie to giue this Ecclesiasticall iurisdictiō vnto others but much more to vse and exercise the same in like manner in their owne persons if they would as namelie to giue holie orders create consecrate Bishops confirme Children absolue sinnes administer Sacraments teach and preach iudge and determine in points of faith and beleife sitt in iudgement vpon errors and heresies and the like And this for K. Edward 24. Now then if it may be presumed as I thinke it may that Queene Elizabeths meaning was to haue no lesse Authoritie Spirituall and Ecclesiasticall giuen vnto her and acknowledged in her then her said Father and Brother had vsed before why did not the makers of this Statute set it downe in plaine words as the other did but disguised the matter by such māner of speach as they might seeme to giue but little wheras they gaue all and more then all The Cause was that which I haue said before for which they laboured not to be vnderstood of all men but to speake as it were in mysterye not to offend so publikelie the Caluinists and yet to include matter inough to ouerthrow Catholikes But the said exacter parte and purer Caluinists quicklie found out the matter and so they began verie shortly after to mutter and write against this and diuers other points of the Statute and so haue continued euer since and the Controuersie betweene them is indeterminable 25. Well then for so much as now we haue laid open the true state of the Question and that M. Attorney is bound to proue his proposition in this sense and explication that heere is sett downe out of K. Henry and K. Edwards Statutes to witt that Q. Elizabeth had all plenarie power of Spirituall Iurisdiction in her self to deriue vnto others at her pleasure as from the head and fountaine thereof And that no Bishop Archbishop or other Ecclesiasticall person within the Realme had or could haue anie spirituall power or iurisdiction but from the wellspring and supreame sourge thereof And this not onlie by vertue of the foresaid Statute of the first yeare of her raigne but before without this also by the verie force of her Princely Crowne according to the meaning of the old and most auncient cōmon laws of England It will be time now to passe on to the veiw of his proofes which for so new strange and weightie an assertion that toucheth if wee beleiue the former alleadged Fathers the very quicke and one of the neerest means of our eternal saluation or damnation ought to bee very cleere sound and substantiall We shall see in the sequent Chapter what they are VVHERAS IN THE CASE PROPOSED THERE MAY BE TVVO KINDES OF PROOFES The one DE IVRE the other DE FACTO M. Attorney is shewed to haue fayled in both and that we doe euidently demonstrate in the one and in the other And first in that DE IVRE CHAP. IIII. THat the late Queene of England had such plenary Ecclesiasticall Power as before had byn said this by the intent meaninge of the old ancient Common-lawes of Englād though vnto me to many others it seeme a most improbable Paradox and doe meane afterwardes by Gods assistance to prooue and euidently demonstrate the same and shew that from our first Christiā Kings vnto K. Henry the eight the Common-lawes of our Land were euer conforme and subordinate to the Canō Ecclesiasticall lawes of the Roman Church in all spirituall affayres yet for so much as M. Attorney hath taken vpon him to prooue the contrary two heades of proofe he may follow therin The first De Iure the second De facto And albeit he entitle his Booke according to the first to witt De Iure Regis Ecclesiastico yet doth he nothing lesse then prosecute that kind of proofe but rather flippeth to the second which is De Facto endeauoring to prooue that certaine Kings made certaine lawes or attempted certaine factes somtimes and vpon some occasions that might seeeme somwhat to smel or taste of Ecclesiasticall power assumed to themselues in derogation or restraint of that of the Bishops Popes or Sea of Rome 2. Now albeit this were so and graunted as after it will be reproued yet well knoweth M. Attorney that an argument De facto inferreth not a proofe De Iure For if all the factes of our Kings among others should be sufficient to iustifie all matters done by them then would for example fornication be proued lawfull for that some of them are knowne to haue had vnlawfull children and left bastardes behinde them And the like we might exemplify in other things Neither doe I alleadge this instance without peculiar cause or similitude For as in that vnlawfull act of the flesh they yelded rather to passion and lust then to their owne reason iudgment knowing well inough that they did amisse when they were voyd of the same passion so in some of these actions of contention about Ecclesiasticall Iurisdiction some of them were byassed with interest somtymes by indignation
tyme but the quite contrary CHAP. VI. THov hast seene and considered I doubt not gentle and iudicious Reader how M. Attorney in the former Chapter hath byn grauelled in prouing his affirmatiue proposition that our Kings before the Conquest tooke supreme Ecclesiasticall Iurisdiction vpon them and acknowledged it not in the Pope or Sea of Rome For proofe wherof he brought forth two such poore and petite instances as they being besides their weaknes impertinent and vntrue and not subsisting in their owne grounds they were no more for perfourmance of his promise of cleere and demonstratiue proofes then if a man being bound to pay ten thousand pounds in pure and current gold should bring forth two mites of brasse for discharge of his band And surely if M. Attorney should haue failed soe some yeares gone before he was so wealthie as that taking vpon him with so great an ostentation to proue an affirmatiue assertion of so mayne importance and consequence as this is he should haue performed no more then he hath here done he would neuer haue attained by law to the preferment he hath But now◠perhaps he persuadeth himself that by his only credit already gotten he may say what he will and proue as little as he list because by only saying he shall be beleeued 2. But on the contrary side we require proofes offer proofes gentle Reader for that the matter is of singular great weight euen for thy soule we rest not in ostentation of wordes only but in probation of deedes And though we might remaine sufficiently with the victorie for that our aduersarie resteth with so apparent a foyle in the proofe of his forsayd affirmatiue yet that you may see and behold as in a glasse the difference of our cause and confidence therin I haue thought conuenient out of the great aboundance and variety of proofes that our truth hath in this controuersie as well as in all others betwene vs and Protestants to take vpon me to proue the negatiue against M. Attorney which of it self is euer more hard as you know than to proue an affirmatiue except euidence of truth doe facilitate the matter as in our case and to proue and make euident by sundry sortes of cleere and perspicuous demonstrations nyne or ten at the least that during the tyme before the Conquest no one of all our Christian English Kings exceeding the number of an hundred as before hath been said did take vpon them either to be heads of the Church or to be supreme gouernours in Ecclesiasticall causes or to haue any spirituall Iurisdiction al deriued from the right of their Crownes or denyed this to be in the Pope Bishops only or did make any Ecclesiastical lawes concerning spirituall matters and consequently that this Treatise of M. Attorney Of the Kings Ecclesiasticall law doth apperteine no more vnto them in realitie of truth than to the man in the Moone to gouerne the heauens For that they neuer so much a◠dreamed of any such thing nor of any one of the forsaid clauses of spirituall power Iurisdiction to belong vnto them which heere shall brefely be proued with such variety of demonstrations taken out of their owne words dedes decrees actions as I doubt not but will make more then morall euidence The first Demonstration 3. The first Demonstration may be taken from the consideration of all the auncient lawes made by Christian Kings in our Countrey before the Conquest euery one in his seuerall State and Dominion according to the tymes and places they raigned in and gouerned their Commonwealthes both Britanes Saxons and Danes and among the Saxons againe their Kings and Princes in euery of their seuerall Kingdoms about which point Malmesbury writeth thus of the noble King Inas Porrò quantus in Dei rebus fuerit indicio sunt leges ad corrigendos mores in populo latae in quibus viuum ad hoc tempus puritatis suae resultat speculum How great a King Inas was in Gods affaires the lawes which he made to correct the manners of his people doe sufficiently declare in which vntill this day there is seen as in a liuely glasse the said Kings purity of mynde And the like lawes no doubt other Kings also made in their Dominions all which remained afterwards to their posterity vnder the names of Mulmutian lawes For the lawes of the Britans as also the lawes of the Mercians called in their tongue Mercen laga and of the West-Saxons called VVest-saxen laga and of the Danes named Dan laga stood in force vntill England came to be a Monarchie when the first authour of the said Monarchie King Egbert began first to drawe them into one body of conformity But after him againe K. Edgar surnamed the peaceable and wise King confirmed the same and sett them forth but by the warrs and confusion of the Danes which after his death ensued they were for the most part put out of vse againe vntill K. Edward the confessor recalled them encreased and made them perfect and by the counsaile of his Peeres and Realme did frame a new ordination of the same lawes which remained afterwards vnder the name of K. Edward his lawes and were so much approued and loued by the people as Iohn Fox also out of Mathew Paris doth affirme that the common people of England would not doe obedience to VVilliam Conquerour but that first he did sweare to keepe these lawes which oath notwithstāding saith he the Conquerour did afterward breake and in most points brought in his owne lawes So Fox which if it be true yet is it to be vnderstood principally of his lawes appertayninge vnto secular men for that in the rest which concerned the Church her priuiledges he followed absolutely the lawes of K. Edward as in the next Chapter shall appeare where we shall sett downe the said Conquerour his lawes in this behalfe which are as fauourable and respectiue vnto Ecclesiasticall power and persons as of any one King eyther before or after him 4. Wherevpon it followeth that M. Attorney who so often iterateth this worde of auncient and most auncient common-lawes of England which as he saith but cannot proue did authorize Q. Elizabeth her spirituall Iurisdiction ouer the Church speaketh but in the ayre and at randome beating vs still with the empty sound of these words without substance For in reall dealing he should haue alleadged some one law at least to that purpuse out of all these before the Conquest if he had meant to be as good as his word 5. But this he cannot doe as already you haue seen by his two poore instances and we doe shew on the contrary side that all these and other lawes of these dayes were for vs in the fauour of Catholike Religion and particularly for the liberties franquizes priuiledges exemptions and immunities of the Church and Clergie according to the Canons and Decrees of the Popes Ecclesiasticall law
which is the very decision of our Question For that by these phrases clauses is signified as in the Canon-law and particulerly throughout the sixt booke of Decretals may be sene is properly meant that the Church and Clergie is free from all iurisdiction of temporall Princes except only in Ciuill matters and that their goods and persons are exempted from Princes secular Courtes that they are immediatly vnder their Prelates and they againe vnder the Sea Apostolike vnto which may lawfully be made appeales when iust occasion is offered that no lay iudge may sitt in iudgement vpon them or giue sentence ouer them or lay hand vpon their persons or goods but referre them to their owne Ecclesiastical Emperours other such points as may be seen in the Canon-law in the places before cited And you haue heard before in the second Chapter of this booke how conforme all these things are to Gods law and how willingly they were embraced approued and allowed by the first Christian Emperour Constantine and his Successours and by all Christian Catholike Princes since that tyme throughout the world but especially and aboue others in comparison by our English Kings before the Conquest and after also as in their dew places shal be shewed 6. And so when the forenamed Kings Edgar Edward in their very first law doe sett downe and determine as Fox also confesseth that the Kings office is to keepe cherishe mainteyne and gouerne the Church within his Kingdome which worde gouerne I haue shewed before to be wrongfully put in out of his due place and to apperteyne only to the gouernement of the Common-wealth with all integrity liberty according to the constitution of all their Auncestors and predecessours and to defend the same against all enemyes c. they doe in all this but approue and second the Popes Canon-lawes decrees therof for the preheminence of the Clergie and therby they doe directly ouerthrowe M. Attorneys proposition so doe all the Kings in like manner after the Conquest who following this example doe euer in the beginning of their lawes renew and confirme this lawe of King Edward for the libertyes and priuiledges of the Church and Church men As first the Conquerour himself as afterwarde in the next Chapter more largely shall appeare when we come to speake of him in particular whose lawes are sett downe by Houaden and others and are as effectuall for the Church as could be deuised after him to omitt K. Iohn and others Henry the third who was the chief founder of our present later Common-lawes and author of the Great Charter His first law likewise is for the foresaid liberties of holy Church in these wordes VVe haue graunted to God and by this our present Charter haue confirmed for vs and our heyres for euermore that the Church of England shal be free and haue all her rights wholie and her liberties inuiolated c. 7. This Charter of K. Henry did Edward the first his sonne publishe and confirme after him as appeareth by his owne preface prefixed before the said Magna charta And Edward the second that ensued after him not only ratifyed the same but added other Statutes also called Articuli Cleri in fauour of the same Clergie And in K. Edward the third his tyme I finde the same Charter confirmed and ratifyed by diuers and seuerall Statutes as namely in the first second fourth fifth and fourtenth yeare of his raigne and the like in the first sixt seuenth eight nynth yeare of K. Richard the second and in the first second fourth seauenth nynth and thirtenth yeare of K. Henry the 4. and in the third and fourth of K. Henry the 5. and in the sixt of K. Henry the sixt c. 8. And herby now though we goe no lower may the indifferent Reader see how vayne M. Attorneys vaunt was and is that he would proue and demonstrate by the auncient lawes of our Realme that Q. Elizabeth had supreme iurisdiction Ecclesiasticall by vertue of her Crowne And yet hitherto hath he alleadged no one lawe at all within the compasse of nyne hundred yeares togeather but only certaine impertinent scraps and raggs nothing making to the purpose nor worthy the gathering vp as after when we come to examine them will appeare And we on the contrary syde haue so many so auncient and so authenticall lawes as you haue heard and afterwardes shall be more particulerly declared for proofe of the opposite proposition iâ— his that all spirituall iurisdiction was only in Ecclesiasticall persons both bâ—sore and after the Conquest vntill K. Henry the 8. his dayes And thus much of this first demonstration concerning lawes The second Demonstration 9. The second demonstration is deduced from an other consideration not inferiour to the former which is that when â— Ethelbert of Kent for example was sirst of all other Kings conuerted to Christian faith by S. Augustine the Monke sent from Pope Gregorie the first to that effect vpon the yeare of Christ 600. and that by this occasion a new Ecclesiasticall Common-wealth was to be instituted and erected within his dominion concerning matters depending of Religion farre different from that which passed in his Realme before when he was a Pagan as namely to omitt matters of doctrine and meere spirituall gouernment concerning marriages legitimation of children burying paying of tythes iurisdiction of Bishops and priests the like that might seeme in some sorte to be mixt and concerne also the Common-wealth to whome was the recourse made sor direction counsaile and ordinance in these affaires to K. Ethelbert think you or to S. Gregorie the Pope no man will say I think to K. Ethelbert for that he was yet but a nouice in Christian religion though as capable of spirituall iurisdiction by his Crowne as either Q. Elizabeth being a woman or K. Edward the sixt a child of nyne yeares old when he was proclaimed Head of the Church of England as well in spirituall as temporall affaires 10. But in our case vnder K. Ethelbert we reade both in S. Bede and S. Gregory himself that in all Ecclesiasticall matters recourse was made to the said S. Gregory as hauing supreme authority in these affayres and therfore the said King was no sooner conuerted S. Augustine made Archbishop but the said Archbishop according to his office sent two messengers to Rome Laurentius a priest and Petrus a Monke to aske counsaile and direction in diuers cases as namely about the distribution of oblations at the aultar diuersitye of customes obserued in diuers contreys in saying Masse about punishing of sacriledge in such as steale from Churches about degrees of kinred or propinquity to be obserued in marriages about ordination of Bishops how he should proceed with the Bishops of France and Britany about baptizing women with child and churching â—hem after their child-birth and the like 11. To all which questions S. Gregory answereth
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
and little pertinent as you will see to the manie conclusion which he should proue that this King did take supreme spirituall authority and iurisdiction vpon him And for that the grounds of all that is heer obiected haue byn discussed and answered in that wee haue set downe before and this booke groweth to more length then was purposed at the beginning and finally for that the law-bookâ—◠〈◊〉 cited of collections and obseruations by later authors which bookes I haue not by mee are of small authority to our purpose I shall passe ouer the said obiections with the greatest breuity that I can remitting mee for the most part to that which before hath byn said and answered The Attorney An excommunication by the Archbishop albeit it be disanulled by the Pope or his Legats is to be allowed neither ought the Iudges giue any allowance of any such sentence of the Pope or his Legate The Catholicke Deuine 15. This assertion I doe not see how it can be admitted for true as it lieth for so much as no author maketh mention that K. Edward did euer deny absolutely the Popes authority to excommunicate by himself or by his Legats in England especially vpon the 16. yeare of his raigne as heere it is noted in the margent when he was most deuout to the Sea Apostolicke wrote the humble letter before mentioned the next yeare after according to the date of the said letter as you haue heard only there might be this accorde between them for more authority of the said Archbishop and peace of the Realme that when he had giuen forth any excommunication no annullation therof from the Pope which might perhaps be procured by false suggestion should be admitted or executed vntill the Pope were informed of the truth this is vsed also in other Catholicke Kingdomes at this day 16. And it were to much simplicity to imagine that English men in those dayes admitting the Archbishops excommunication as heer they doe and for confirmation therof we doe read in VValsingham that vpon the yeare 1340. and 14. of King Edwards raigne Iohn Stratford Archbishop of Canterbury threatned the said King to excommunicate all his counsell if he amended not certaine points wherin they offered iniury to Clergy men it were simplicity I say to thinke that the said Archbishops excommunication could not be controlled by that of the Pope from whom they acknowledged the said Archbishop at that time to haue his spirituall authority if he had any at all For froÌ„ whence should they imagine him to haue it for that the Kings as we haue seen had not so much as the nomination or presentation of Archbishops in that season but only the Popes much lesse their induction confirmation or inuestiture Whervpon it must needs follow that he which gaue them spirituall iurisdiction had greater higher iurisdiction himself though in some cases by agreement not to be vsed as before hath byn said The Attorney It is often resolued that all the Bishopricks within England were founded by the Kings progenitours and therfore the aduowsons of them all belong to the King and at the first they were donatiue and that if an incumbent of any Church with Cure dy if the Patron present not within six moneths the Bishop of that Diocesse ought to collate to the end the Cure may not be destitute of a Pastor If he be negligent by the space of six moneths the Metropolitan of that Diocesse shall confer one to that Church and if he also leaue the Church destitute by the space of six moneths then the Common-law giueth to the King as to the supreme within his owne Kingdome and not to the Bishop of Rome power to prouide a competent pastor for that Church The Catholicke Deuine 17. Is it be true which M. Attorney hath so often repeated before that the Conusaunce and deciding of Ecclesiasticall causes doe not appertaine to the Common-law and that the prouision or induction of Clerks to benefices and giuing them spirituall iurisdiction ouer the soules of those that be within the compasse of that benefice be of the number of those causes which I take to be set downe in like manner by M. Attorneys owne pen before vnder the names of admissions and institutions of Clerks then how can it be true which heere is said that the Common-law giueth to the King as to the supreme to prouide competent Pastors for that or those Churches that within the space of a yeare and halfe are not prouided by the particular patron Diocesian or metropolitan Or where is this Common-law How or when did it begin as often elswhere I haue demaunded Either by vse or statute or common agreement between the Prince and people For none of these haue we heard of hitherto vnder former Kings though for presenting and nomination to benefices we haue oftentymes said that there is no difficulty but that the temporall Prince may present in such benefices or Bishopricks as he is patron of either founding the said benefices or by particular concession of the Sea Apostolicke vnto him as we haue shewed more largly before in the life of K. VVilliam the Conquerour and before him againe vnder K. Edward the Confessor to whom the Sea of Rome in those dayes gaue spirituall iurisdiction also in some cases ouer the Abbey of VVestminster some other places of his Realme 18. But that the Common-law should dispose of these things and especially giue spiritual iurisdiction to the King ouer benefices for so must the meaning of M. Attorney be if he delude not his Reader with equiuocation of words this I say is both contrary to his owne rule before set downe and much more to reason For that to giue Ecclesiasticall iurisdictiom is much more then to haue the conusaunce of Ecclesiasticall causes which he denying to his Common-law in diuers places of his booke as before we haue seen caÌ„not in reasoÌ„ ascribe to th' other 19. Wherefore though we graunt this graduation heer set dovvne as good and conueuient that if the particular patron doe not present within six moneths nor the Ordinary or Metropolitan within their tymes prescribed the Prince as supreme gouernour of the Common-wealth to see all things done in due order may present as if he were patron to the said benefice yet first this cannot come originally from the Common-law for the reasons alleadged Secondly this proueth no spirituall iurisdiction at all in any presentor but only power of presentation which may be in any man that hath Ius patronatus allowed by the Church and head therof as before hath byn said Thirdly much lesse doth this proue supreme authority spirituall in the Prince as M. Attorney would inferre which is euident among other reasons by this For that the Prince when he doth present in this manner by lapse of tyme or omission of others is the last in power of presentation after the Metropolitans and Bishops which yet
read predecessors Pag. 117. lin 12. for religions read Religious Pag. 118. lin 14. for men desires read mens desires Pag. 122. lin 33. for quetting read quietting Pag. 129. lin 11. for endevving read endowing Pag. 152. lin 12. for Tyrus read Cyrus Pag. 168. lin 31. ovvne his vvords read his owne words Pag. 177. lin 25. for bad read had Pag. 191. lin vlt. in some copyes for hape read haue Pag. 208. lin 39. for sâ—ruiued read suruiued Pag. 209. lin 10. for hir read his Pag. 225. lin 20. for the read she Pag. 229. lin 26. for aginst read against Pag. 254. lin 36. hath said adde hath byn said Pag. 270. lin 26. for my read any Pag. 275. lin 10. for pecular read peculiar Ibid. lin 22. for theraâ—ut read therabout Pag. 278. lin 35. for began read begun In the Margentes Pag. 17. for controsies read controuersies Pag. 85. for lavvoy read lawes Pag. 146. for had read bad Pag. 383. for Castus read Calixtus Pag. 180. for 25. read 35. Pag. 132. for hauing read raigning It may please thee gentle Reader of thy curtesy to pardon these and other like faultes if any shal be found and consider vvith thy selfe the difficultyes we haue in vsing the help of straungers herin A TABLE OF THE PARTICVLAR MATTERS CONTEYNED IN THIS BOOKE A. ABbyes Monasteryes founded in England by Religious Catholicke Princes Cap. 6. à num 37. vsque ad num 49. Abbey of Euesham priuiledged from Rome cap. 6. num 42. Abbey of S. Albans founded by K. Offa. cap. 6. num 43. The priuiledges and exemptions of the same ibid. Abbey of Glastensbury priuiledged by Pope Iohn the thirtenth cap. 6. num 45. Abbey of VVestminster priuiledged at the petition of K. Edward the Confessor cap 6. num 47. 48. Abbot of VValtham punished why cap. 12 num 29. 32. Absurdityes of Statute-decrees in Parlament about spirituall power giuen to secular Princes cap. 3. n. 6.7.18.19.20 21. 22. 23. 24. Absurdity of a womans Supremacy in spirituall matters cap. 4. num 27. Absolution of K. Henry the second by the Popes Legates cap. 9. nu 12 13. S. Adelmus Bishop of Sherborne his voyage to Rome cap. 6. num 40. His booke of Virginity ibid. n. 42. Adelnulph King of England his confirmation of Peter-Pence to Rome cap 6. num 71. Agreement betweene the Pope and K. of England about Prouisions of Ecclesiasticall dignityes in England cap. 12. num 12. 39. S. Ambrose his iudgement of spirituall power cap. 2. n 25. 26. His combattes and conflictes with the Emperour and Empresse about Church-affayres ibid. n. 27.28 29. Ancient-Fathers directions how to find out truth cap. 1 n. 17. 18. Their freedome of speach to Emperours cap. 4. n. 4. 5. 6. S. Anselme Archbishop of Canterbury his commendations cap. 8. num 2. His pall brought from Rome by the Popes Legat. ibid. num 4. His plaine dealing with K. VVilliam Rufus ibid. num 5. His reconciliation with K Henry the first ibid. num 11. Appellations to Rome about Controuersies that fell out in England cap. 6. n. 49. 50. deinceps Appeale of K. Henry the second to the Pope about the controuersie of the death of S. Thomas of Canterbury cap. 9. n. 11. Appeales from K. Richard the first to the Pope cap. 9. num 23. Appeale of Richard Archbishop of Canterbury to Rome against K. Henry the third cap. 10. num 17. Archbishop of Canterbury accused to the Pope by K. Edward the first cap. 11. num 16. Archbishop of Canterbury depriued of spirituall Iurisdiction by Q. Elizabeth cap. 11. num 30. Archbishop of Yorke put to death by commaundement of King Henry the fourth cap. 15. num 23. Arguments of K. Henry the 8. against Luther for the Popes Supremacy cap. 15. num 5. 6.7 deinceps Assertions of Protestants and the foundation therof Prefac num 7. S. Athanasius his seuere reprehension of the Emperour Constantius cap. 4. num 8. M. Attorney his imagined ignorance cap. 1. num 12. His condemnation of controuersy-wryters ibid. num 26.27.28 29. His time of study in law ibid. n. 34. His absurd propositions and arguments refuted cap. 3. per totum deinceps per totum librum His arguments and shiftes returned vpon himselfe cap. 4. num 9 12. His new deuise to make Ecclesiasticall lawes the Kinges lawes ibid. num 13. 14. M. Attorney challenged cap. 6. n. 28. Iniuryes offered by him to many in this his booke cap. 16. per totum His false charge of Catholickes ibid. num 2. His iniurious and slanderous calumniations ibid. num 10. His manifest notorious vntruthes ibid. num 11. His Idaea Plaetonica of ancient comon-lawes ibid. num 13. His false information of his Maiesty that now is ibid. num 15. 16. His promise not performeable ibid. num 34. S. Augustines seuere sentence against heretickes and heresies cap. 16. n. 29. S. Augustine of Canterbury his successors by appointment from Rome cap. 6. num 20. Authority spirituall temporall the difference therof cap. 2. n. 4. 5. Authority Episcopall greater then Imperiall cap. 2. num 25. Authority spirituall giuen vnto Q Elizabeth by Parlament cap. 3. num 3. The absurdityes and inconueniences therof ensuing ibid. num 4. 5. Authority of Bishops Courtes from whence it is deriued cap. 13. num 17. Authority of English Prelates when England was Catholike cap. 14. n. 17. B. Bastardy a let or hinderance to Priesthood cap. 14. num 19. S. Benedict of Northumberland his voyage to Rome for priuiledges of his monastery cap. 6. num 39. Benefices collated by lay-men cap. 7. num 26. 29. S. Bertulph his monastery priuiledged from Rome cap. 6. num 39. Bigamy cap. 11. num 30. 31. A statute therof by K. Edward the first ibidem Doubts therabout raised in England ibid. num 31. 32. Bishops made in EnglaÌ„d by the Popes authority cap. 6. num 21. 22. Bishops lands seased into the Kinges handes and why cap. 11. num 28. Bishops how they might be punished for not admitting the Kinges iust presentation cap. 11. num 29. Bishop of Hereford taken from the barre of secular Court by Ecclesiasticall authority cap. 11. num 46. Bishops and Prelates of England sent to the Councell of Constance in Germany cap. 13. num 6. Bishops how they may be called the Kinges spirituall Iudges cap. 13. n. 8. Bishops Courtes from vvhence they haue their authority cap. 13. num 17. Bishops hovv farre they may be commaunded by the King cap. 13. num 18. Birth-right of lavves c. â— n. 18.22 23. Birth-right of Englishmen is Catholicke Religion cap. 1. num 26. Bodyes to the King and soules to the Priest cap. 4. num 5. Booke of K. Henry the 8. against Luther in defence of the seauen Sacraments cap. 15. num 3.4 5. Breach of King Iohn vvith the Sea Apostolicke and occasion therof cap. 9. num 57. Breach of K. Henry the 8. with
to his Bishoprick of York the secoÌ„d tyme. Malmesb. ibidem fol. 152. The Decision and coÌ„maundement of Pope Iohn The humilitie obedience of our Kings in those ancient dayes S. Elflede Supra â—â—mâ—n 3. Many examples of Appeales Malmesb. lib. 3. de gestis Pontif. anno 745. Malmesbu de rebus gesâ—is Regum Anglor lib. 2. Pope Formosus did excoÌ„municate K. Edvvard the first and hovv the matter vvas amended * This he speaketh in respecâ— of the coÌ„uersation vvith Danes that vvere Infidells Malmesb. lib. 1. de gestis Pontificum Anglorum Decrees and ordinances of Pope Formosus for the church of EnglaÌ„d The vigilancy of ancient Popes ouer England Beda lib. 4. â—â—st Angl. cap. 8. 20. 23. A consideration of moment 6 VVhat Kings Archbishops Bishops liued togeather and vvhat lavves they vvere like to make The concurrence of Kings and Bishops in Kent and London for the first age of English Christianity 1 A necessary inference 7 The concourse vvith other Kings Princes and Catholicke people abroade The vniuersall authority of the Sea of Rome during the time of our Christian kings before the Conquest Marke the consequence 8 The maâ—ing tributary to the Sea of Rome the Kingdome â—â— EnglaÌ„d The beginning of Peter-pence Polidor Virgil lib. 5. de hist. Angl. Stovv in Inas 〈◊〉 705. K. Inas his lavves in fauour of the Pope Kings Offa his coÌ„firmation of the tribute of PeterpeÌ„ce anno Dom. 77â— The greatnes of K. Offa. The confirmation of Peter pence by King Adelnulfe anno Dom. 947. Polidor 〈◊〉 5. historia A speciall note Ingulfuriâ— histor Monasteriâ— de Crâ—yland fol. 50â— The great care King Caâ—ulus the Dane had that Peter pence or other Ecclesiasticall dutyes should be paied an 1032. Auncient lavves against M. Attorney Alredus in vita S. Eduardâ— S. Edvvards confirmation of Peter pence and other duties an 1062. Râ—â—â—rius Houiden par 2. Annal in vita Henries 2. Peter pence confirmed by the CoÌ„queror anno 1070. Peter pence continued after the Conquest vntil K. Henry the eight Anno Domini 1532. 9 The going of diuerse Kings and Princes to Rome for deuotion to that Sea * Supra Demon. 3. Acts and MonumeÌ„ts pag. 121 Beda lib. 4 histo Augiscana cap. 29. The admirable â—oing of 〈◊〉 kings to Rome S. Egvvyn Bishop of VVorcester Supra Dâ—mon 4. Platina â—â— Constantino PP Floren. in Chron. anno 723. Malmesh lib. 1. de gestis Regum Anglorum Beda lib. 5. hist. Angl. cap. 7. K. Inas his going to Rome The history of Ceadwalla his going to Rome dying there Beda ibid. The seruour of English men tovvardes Rome in these dayes An euideÌ„t deduction out of the premissâ—â— 10 The assertion and asseueration of diuerse Kings for preheminence of spirituall povver Apud Harpesfâ—ldâ—â— in histor Angl. Sacul 9. cap. 5. ex Asserte Menem Florentino Marianus in anno 9â—5 Apud Alridum Retuallo sâ—râ— de Regibus Angliâ— An excelleÌ„t speach of K. Edgar to his Bishops coÌ„cerning reformation of the Clergie Tvvo svvordes of S. Peter and Constantine acknovvledged by K. Edgar Rogeriâ—â— Houeden part 2. Annal in vita Henries secundi VVilliam Conquerors iudgement of this matter Q. Eleanor anno 1194. Blesensis epist. 146. Tertull lib. de pudicitiâ— cap. 17. Cyprian de Vnâ—ala Ecclesia The Conqueror began his raigne 1066. and raigned 21. yeares vnto the yere 1087. K. VVilliam boisterous but truly Catholik Florent 10â—6 Sâ—ovv an 20â—7 in vita Guliel Conquestoris Boisterous actions of K. VVilliam Ex Registro apud Bar. in Annal. anno 1084. Ex epist. Lanfran apud Baroâ— An. 1070. The pitifull state of EnglaÌ„d for manners vnder the Conqueror The desire of Lanâ—rank to â—â—e â—id of â—his charge Lanfrankes feare of the Conquerors â—â—ough â—ature 〈◊〉 an 1087. â—he Conâ—â—erours â—â—niâ—ent â—â—each at â—â—s death Satisfaction Stovv ibid. Greg. septimus lib. 7. epist. 1. A sharpe reprehension of Pope Gregory the 7. to the Conqueror Ibidem epist. 2â— The arguments of K. VVilliaÌ„ against Harold Matth. VVestmoâ—ast anno 1065. Malmesb. lib. 3. in vita Guhelme Conquest Stovv in the life of Harold K. VVilliam offered to staÌ„d to the Popes iudgement for his Crovvne Lanâ—bâ—â—t in Chron. anno 1076. Deposing of Stigand and other Bishops by authority of the Pope Malmesb. in vita Guliel 1. In epist. Lanfranci apud Baronium in an 1070. Lanfranke proposeth his doubts to the Pope The palls of EnglaÌ„d accustomed to be taken at Rome Sea Baron in annal Tâ—m 11. an 1070. Malmesb. l. 3. hist. in viâ— Guiâ—l Baron â—â— 1071. Stovv 〈◊〉 1071. A Councell gathered by the Popes coÌ„maundement Stovv an 1083. Charters froÌ„ Rome confirmed by the King Stovv in anno 1087. â—xfra mentis de vita Guâ—eâ—â—i The Conquerors accusation of his brother for nâ—â—ting the Church Stovv Ibidâ—m Râ—g Houeden annal paâ—â— 2. in viâ— henâ— 3. fol. 342. VVhat the peace of the church is Tvvo svvordes the one subordinate to the other The priuiledge of Ecclesiastical men in teÌ„poral Courtes Tenantâ— of the Church priuiledged Diuerâ— other lavves SaÌ„ctuary Breakers of Priuiledges Tythes PeterpeÌ„ce The Conquerors humility tovvards his Archbishop Nuâ—eâ—g Reâ—uâ— Anght l. 1. c. 1 Stovv in vit Guliel in sine The Conquerours last speech of his deuotioÌ„ tovvards the Church 7. â— 9. â—â— Quaâ—â—â—â—pedes 19. M. Attorneyes Instance of no force Povver vvaies by vvhich a lay man may Confer benefices Appropriation of Benefices Sup. cap. 6. Demon. 4. Collations of benefices Cap. Intet cap. Licet extrau de traÌ„slat epise extrau de electione cap. Cum in cunctis * Extrau de elect cap. postquam cap. Intet Canonicos cap. Scriptum est Ex capite qualiter extrau de elect Election confirmetion and consecration of a Bishop by vvhomel Extrau de postula one prelatorum cap. pennl Cap. vlt. extrau de Iure patronatus Glossa distâ—nâ—â— 63. cap. quaÌ„to extrau de postul prelatorum cap. Bonae memoriae Inuestitures desired by Princes but denyed by Popes Bald. l. rescrip in penul col in versiâ— Et ideo rex Angl. â—od de preci bus Imper. aufereÌ„dis 32. deâ—â—n cap. prater 〈◊〉 paragraph vetum dâ—stinct 96. cap Bene quidem 1. Ioan. 2. K. VVilliam Rufus began his raigne an 1087. and raigned 13. yeare to an 1100. K. VVilliam Rufus a good King for a time Florentius vvigorn an 1093. in annal Anglis Stovv an 5. Guliel Rufi CoÌ„mendation of S. Anselme Malmesb. l. 4. de Guliel 2. Florentius an 1095. Malmesb l. 1. de gâ—stis Pontif. Edmerus in vita Anselmâ— S. Anselm his pall brought him from Rome by the Popes Legat. S. Anselm his plaine dealing with K. Rufus VValsing iâ— Ypodig Neusâ—ria an 1â—97 The pitifull death of K. Rufus K. Henry the first began his raigne an 1100 and raigned 25 years vnto 1135. Florent in Chron. an 1100. The good beginning of K. Henry the first In vita Henriâ—â— primi Pope Pascalis his letter to K. Henry the first Malmesb. li. 5. annal in vit