benefices Per annuium baculum that is by giuing them a ring a staffe which are the ordinarie signes and markes of taking possession of their iurisdiction which though the said Princes doe acknowledge to bee a spirituall Act and consequently not possible to descend from the right of their temporall Crowne as M. Attorney would haue it yet desired they to inioy it by Commission from the Sea Apostolicke in respect of their greater authoritie amonge their Subiects and for more breuitie of prouiding and establishing incumbentes when benefices of cure fell voide and for other such reasons wherof we may read in the liues of diuers of our Kings And namelie of King Henrie the first this Conquerour his sonne what earnest suite he made to haue these inuestitures graunted him which the Pope did flattly deny to doe yea and the greatest causes of that wonderfull breach between the Popes Alexander the 2. and Gregorie the 7. and others of that age with the Emperour Henrie and his Successours were by the occasion of these inuestitures which the said Popes would not graunt Albeit I find some ages after that the great and famous Lawyer Baldus aboue two hundred years gone recordeth that in his tyme two Kings only had these priuiledges graunted them from the Sea Apostolicke The King of England to wit and the King of Hungary which perhaps was in regard that their Kingdomes lay so far of as it might be preiudiciall to their Churches to expect allwayes the said Inuestitures from Rome But yet he expresly saith that it was by Commission and delegation of the Pope Papa saith he committit spiritualia etiam mero laico ideo Rex Anglorum rex Hungaria conferunt in suis Reguis Praebendas ex priuilegio Papa The pope may commit spirituall things to a meere lay-man and this he proueth by diuers texts of law and hence it is that the King of England and King of Hungary doe in their Kingdomes giue Prebends by priuiledge of the Pope Wherby we vnderstand that in Baldus his time it was held for a pecular priuiledge of these two Kings which fithence hath byn communicated to diuers other Christian Princes who doe vse and exercise the same at this day but yet none pretending it as from the right of their Crownes For they neuer pretended to giue benefice or Bishopricke by their owne Kingly authority but only to present and commend fit persons vnto the Sea Apostolicke to be admitted and inuested therby as all other Catholicke Princes at this day doe vse yea and that this right of presentation also they tooke not but by concession and approbation also of the foresaid Sea Apostolicke as by the former examples may appeere 35. And this is so much as I thinke coÌ„uenient to saie in this place to M. Attorneys silly instance and I haue been the longer theraout for that this K. VVilliam is the head and roote of al the Kings following and this which hath been answered to this obiection will giue much light to all other instances that are to ensue And if anie King should haue taken anie other course from this established by the Conquerour their head and origen which yet none euer in any substantiall point did vntill King Henry the 8. you may see by all this discourse that the Conquerour might say of them as S. Iohn said of some of his Ex nobis prodierunt sed non erant exnobis And so much of the Conquerour OF KING WILLIAM RVFVS AND HENRY THE FIRST That vvere the Conquerours sonnes and of King Stephen his Nephevv And how they agreed with the said Conquerour in our Question of spirituall iurisdiction acknowledged by them to be in others and not in themselues CHAP. VIII THis beginning being established in the Conquerour coÌ„forme to that which was in the precedent Kings before the Conquest their remaineth now that wee make our descent by shewing the like conformitie in all subsequent Kings vnto K. Henry the 8. according to our former promise Wherfore first in ranke there commeth K. VVilliam Rufus second sonne of the Conquerour among those of his children that liued at his death who being named to the succession by his said father vpon his death-bed so charged forewarned as you haue heard in this verie point of honoring the Church and Ecclesiasticall power and vnder that hope and expectation embraced and crowned by the good Archbishop Lanfranke 〈◊〉 king first his solemne Oath to the same effect which his father had taken before him in the day of his Coronation he gaue gâ—â—â— satisfaction contentment to all his people at the beginning of his raigne as all our historiographers doe testifie that is to say so long as Archbishop Lanfranke liued to whom he bare singular respect loue and reuerence but the said Archbishop deceasing in the second yeare of his raigne which was about the 20. of his age the young man as thinking himself free from all respect to God or man brake into those extreame disorders of life which our historyes doe recount 2. And among others or rather aboue others in oppressing the Church holding Bishopricks Abbies in his hands as they fell void and not bestowing them afterward but for bribes and Simony And namely the Archbishopricke of Canterbury he held foure years in his hand after the death of Lanfranke vntil at length falling greiuously sicke in the Citty of Glocester and fearing to dy made many promises of amending his life as namely saith Florentius Ecclesias non amplius vendere nec ad censum ponere sed illas Regia tueri potestate irrectas leges destruere rectas statuere Deo promisit He promised to God not to sell Churches any more nor to put them out to farme but by his kingly power to defend them and to take away all vniust laws and to establish such as were rightfull And heervpon presently to begin withall he nominated to the Archbishopricke of Canterbury a great and worthy learned man named Anselmus Abbot of the monastery of Becke in Normandy who was then present in England for that some moneth or two before he bad byn intreated by the Earle of Chester Syr Hugh Lupus to come into England to found and order his Abbey saith Stow of S. VVerberge at Chester of whom Malmesbury liuing presently after him saith Quo nemo vnquam iusti tenâ—cior c. then which Anselmne no man was euer more constant in righteousnes no man in this age more exactly learned no man so profoundly spirituall as this Archbishop that was the father of our countrey and mirrour of the world 3. But this vnfortunate King was no sooner recouered say the same Authours but he repented himself sorely that he had not solde the said Archbishopricke with other for more money and therevpon tooke an occasion to picke a quarrell against the said Anselmus and among other things to let him that he could not doe his
heat and resolution to goe through therin by his power and authority with the Pope yet when he saw the said Pope to mislike his proceedings and to stand constant against him he amayned and and humbled himself presently and this in respect of his conscience and feare of God as himself caused to be written by his Bishops to the said Pope Alexander For there is extant in Houeden a large epistle of all the Bishops Suffragans of Canterbury that were subiects to Thomas the Archbishop written vnto Pope Alexander in the Kings name of his prompt obedience towards him and the Sea of Rome in all things saying Ad vestra quidem mandata non itatus intumuit non elatus obedire contempsit verum gratias agens paterna correctioni Ecclesia se statim submisit examini when the King receiued your commaundements he did not swell with anger nor proudly contemned to obey but giuing thankes for your Fatherly correction did presently submit himself to the examination of the Church And againe Ipse diuini reuerentia timoris 〈◊〉 Maiestatempreferens sed vt filius obediens se iudicio sistere legitimaeque parere sententiae seque legibus alligatum Prinscipem praesto est in omnibus exhibere He for reuerence and respect of the fear of God did not prefer the maiesty of his Kingly State but as an obedient sonne is ready in all things to stand to iudgement and to obey lawfull sentence acknowledging himself though he be a Prince to be bound to the lawes of the Church 11. This then was his disposition of mind in this behalfe which he presently shewed in fact by sending a most honorable Embassage to the Pope to wit the Archbishop of Yorke Bishops of VVinchester London Chichester and Excester with the Earles Arundell the Gundauell de Sancto Valerico and many others both gentlemen and Clarks And as Houeden affirmeth Appellauit pro se regno suo ad Praesentiam Summi Pontificis He appealed for himself and for his kingdome to the Preâ—ence of the Pope desiring that two Legats might be sent into England to iudge of the cause between him the Archbishop And soone after when the Archbishop vpon pacification made was returned and within a few moneths after wikedly slaine in his owne Church of Canterbury the same Pope Alexander taking vpon him as lawfull Iudge to examine punish the fact vpon the person of K. Henry himself sent two Cardinall-Legats for that purpose into Normandy named Graetianus Viuianus as Houeden at large setteth downe the history Wherof K. Henry being aduertised that was present then in those partes beyond the Seas and fearing the euent Ad Praesentiam Summi Pontifiâ—â— appellauit appealed againe as once he had done before to the presence of the Pope himself from his said Legats Wherby we see that he graunted acknowledged the Popes authority ouer him in that matter And the same writer addeth in the same place that the said King fearing also notwithstanding his appeale the seuerity of the Sea Apostolicke in this case passed ouer presently into England giuing straite order and commaundment that no man should be permitted to enter with any Bull or Breâ—â— of the Pope of what sorte soeuer except first he gaue caution security that he would thereby bring no hurte or greiuaunce to the King or Kingdome 12. But after this againe to omit many other things and iuâ—dâ—dicall Acts which passed in this affaire set downe by the said Houeden and other authors of that time two other Cardinall-â—â—gats Theodinus and Albertus were finally directed from the said Pope Alexander into Normandy to giue the last sentence vpon the matter Vnto whome K. Henry being then in Ireland and cited to appeere came purposely to present himself in person which notably signifieth his obedience And there by his oath he purged himself swearing first that his intention was neuer to procure the said Archbishops death and secondly promising diuers things by the same oath to be performed in satisfaction of his fault in hauing giuen some occasion therof by angry words against the same Archbishop Thomas All which is set downe in the said Author vnder this title recorded likewise by Peter Blesensis Purgatio Henrici Regis pro morte Beati Thomae The purgation or satisfaction of K. Henry for the death of S. Thomas therevpon ensueth Charta absolutionis Domini Regis The charter of absolution of our Lord the King by the said Legats in the Popes name 13. And amongst other six or seauen points whervnto the King sware at this time one is set downe in these words He sware also that he would neither let nor permit to be letted any Appellations to be made in his Kingdome to the Bishop of Rome in Ecclesiasticall causes with this condition that if any that doe appeale be suspected to the King they should giue security that they would not seeke or procure any hurte to him or his Kingdome And so was that controuersie ended and the lawes abolished which the King would haue established against the liberty of the Church Wherby we se cleerly what persuasion K. Henry had of the Popes supreame authority in Ecclesiasticall affaires and his loyall obedience thervnto which is so much the more to be esteemed if we consider the circumstances of the tyme wherin he exhibited the same which was such as he might easily haue declined himself if he would from the force of Pope Alexander his authority that pressed him so much by adhering to some one of his enemyes the Antipopes that by faction of a few were chosen set vp against him three or foure one after another naming themselues Victor the 4. Calixtus the 3. and Pascalis the 3. and held out against him for more then 17. years togeather by the power and peruersity of Fredericus Barba-rossa the first Emperour of that name who often also allured K. Henry to be partaker of his Schisme but he refused followinge heerin his Catholicke auncestors VVilliam the Conquerour that stood constantly with the true Popes of his tyme Alexander the 2. and Gregory the 7. against those that by sedition of Henry the 4. Emperour were set vp against them to wit Cadolus calling himself Honorius the 2. and Gilbertus that was named Clement the 2. K. Henry also the first obaied the true Popes of his tyme Paschalis the 2. Gâ—lasius the 2. Calixtus the 2. Honorius the 2. Innocentius the 2. against six schismaticall intruders calling themselues Clement the 3. Syluester the 3. Gregory the 8. Celestinus the 2. Anacletus the 2. Victor the 4. all set vp maintained by the German Emperours Henry the 4. and fifth and by Lotharius the 2. after them But our Kings of England obayed allwayes their true and lawfull Pastors of Gods Church and were highly commended for it And now K. Henry the 2. followed their vertues wisedome religion and magnanimity in that behalfe and found no doubt his
what agreements haue byn made these dayes publikely betweene the excellent Lord Tancred King of Sicilie and vs. And then after recitall of all particularityes he endeth thus testibus nobisipsis vndecimo die Nouembris apud Messanam We our selues being witnesse of this agreement the eleuenth day of Nouember at Messina 32. But when K. Richard soone after departing thence was arriued in Asia and had begun most prosperously his warrs against the Infidels the Deuill enuying his good successe stirred vp first seditioÌ„ in England by means of Iohn the Kings brother who perceiuing diuers to enuy the Greatnes of the Bishop of Ely left gouernour by the King and some Bishops also to be in faction against him began to make great stirs And on the otherside the same enemy of mankind castinge ielousies betweene K. Philip of France and the said King Richard did seperate them at last whervpon ensued the returne of the said King Philip with intention to inuade King Richards Dominions and to set vp his brother Iohn in his place as the sequele declareth 33. But Pope Celestinus the 3. that had succeeded in the place of Pope Clement lately deceased vnderstanding of the former conspiracie and faction against the Bishop of Ely in England wrote a vehement letter against the same to all the Archbishops Bishops and Clergie of England saying among the rest Cum dilectus in Christo filius noster Richardus c. wheras our deerly-beloued soÌ„ne in Christ Richard noble King of England when he resolued by taking vpon him the signe of the Holy crosse of Christ to reuenge the iniury of his redeemer in the Holie land left the tutele and care of his Kingdome vnder the protection of the Sea Apostolicke we that haue succeeded in that Sea haue so much the more obligation to coÌ„serue the State of the said Kingdome the rights and honours of the same by how much greater confidence he placed in our protection and thervpon hath exposed his person riches and people to greater perils for exaltation of holy Christian religion c. Wherfore vnderstanding of certaine troubles lately moued by Iohn Earle of Morton and certaine others combined with him against your honourable Father VVilliam Bishop of Ely Legat of the Sea Apostolicke and Gouernour of your Realme Vniuersitati vestrae per Apostolica scripta mandamus in virtute obedientiae praecipimus c. We doe by these Apostolicke writings giue commaundement to your whole community Realme and charge the same in the vertue of obedience that all men surcease from like practise of conspiration turmoyle or faction c. giuen at our pallace of Lateran the 4. day before the Nones of December in the first yeare of our Popedome And by this you may see what authority he tooke himself to haue ouer all England and Bishops and Princes therof at that day 34. The which is yet more declared by that which soone after ensued for that the foresaid Earle Iohn and other Lords and Bishops combininge themselues with him hauinge proceeded yet further in that quarrell by coÌ„mon consent of all the Realme as it seemed depriued the said Bishop of Ely of his office of Gouernour imprisoned him and driuen him out of England and elected in his roome VValter Archbishop of Roane for gouernour of the Realme they were no lesse carefull to send presently to excuse iustifie the matter vnto Pope Celestinus then they 〈◊〉 to the King himself for his satisfaction All which appeareth by a large letter written from Rome to the said Archbishop by his agents that were there who aduertized him how euill the matter was taken by the said Pope Celestinus Dominus Papa say they in restri depressione negotij plurima indignanter cum amaritudâ—ne proponebat c. The Pope did propose very many things with indignation and amaritude of mind to the depression of your affaire iterating many tymes that he knew the great affection confidence of the King of England towards his Chauncelour and Gouernour the Bishop of Ely and that he had seen many letters of the said King in his commendation but none against him that at his earnest instance the Sea Apostolike had made him also Legat à latere And that finally he absolued him from the sentence of excommunication which the said Archbishop of Roâ—â— had laid vpon him and for the rest he would expect the Kings inclination who being soone after taken prisoner in Germany sent presently for the said Chauncellour to come vnto him and made great vse of him for he was not only his interpreter betweene the Emperour and him and other Princes but he sent him also into England not as Chauncellour or Gouernour but as Bishop of Ely to lay the plot for his ransome 35. And I might recount many other examples of the same iurisdiction exercised in England by the same Pope without contradiction of any man in the absence of the said King though Earle Iohn the Kings brother was present and very potent amoÌ„g them and no great freind to the Pope as by the former letter may be imagined and who finally did driue out of England the said Bishop of Ely but yet neuer obiected or put doubt in the Popes authority about any Ecclesiasticall matter that there fell out As for example vpon the yeare 1191. which was the very next after the Kings departure Nubergensis liuinge at that time recounteth how Geffrey the Kings base brother hauing byn longe beyond the seas suing at Rome to be admitted to the Archbishopricke of Yorke and to haue his Pall which Pope Clemeâ—â— would not graunt for diuers obiections and appealles made against him as well by Baldwyn Archbishop of Canterbury as you haue heard as also by others and namely the Bishop of Ely that was Gouernour of the land being much against him yet now vpon King Richards commendation and his owne many 〈◊〉 promises Pope Celestinus so much fauoured him saith Nubergensis as he gaue him his pall before he was consecrated and sent him to be consecrated by the Archbishop of Towers in France commaunding him vt ei non obstante vel appellatione vel occasione qualibet manus imponeret that he should by imposition of hands coÌ„secrate him notwithstanding any appellation or other occasion whatsoeuer to the contrary And so he did and he came into England and tooke possession of the said Archbishopricke and enioyed the same by this authority of consecration and inuestiture from Pope Celestinus notwithstanding all the contradiction and opposition of his potent aduersaryes as in the same Author at large is set downe 36. And when not longe after this againe the said Archbishop Geffrey requiring Canonicall profession of obedience to be made to him and his Sea accordinge to custome at the hands of Hugh Bishop of Durham who had purchased before of King Richard an Earl-dome to be annexed to his said Bishopricke and that the said Hugh refusing to doe the same vpoÌ„
pretence of many causes appealed therein to the Sea of Rome the Archbishop not admitting the same appeale pronounced notwithstanding sentence of excommunication against him Celestinus the Pope not only reuoked the said sentence but exempted moreouer the said Bishop Bishopricke from the obedience of the said Archbishop and Archbishopricke of Yorke as the same author relateth So as in this he shewed his authority in England 37. But now let vs passe to K. Richard himself who being valiantly occupied in the warres against the Infidels and enemies of God in Asia had many crosses fell vpon him First the falling out and departure of K. Philip of France from that warre as you haue heard who returning into France began to treat presently with Earle Iohn to trouble the peace of his brothers territoryes and the principall point that combined these two togeather against King Richard besides the enuy of the one and ambition of the other was that both of them were afraid least Prince Arthure Earle of Brittany sonne to Geffrey Iohns elder brother should succeed in the Kingdome of England if any thing should happen to King Richard and so the Bishop of Ely had giuen out that King Richard himself had written from Sicily which point was much feared as preiudiciall to them both Whervpon they made a fast league and began on both sides of the Sea to trouble the State which when K. Richard vnderstood and that Pope Celestinâ—◠〈◊〉 his letters and other diligence could not stay them and that 〈◊〉 grew into sedition at home by partes-takinge he was forced sorely to his greife and to the publicke lamentation of all Christendome to leaue that warre and to abandon the victorie that was euen now almost in his hand if he had stayed as the euent also shewed for that soone after dyed the Saladine by whose death there was no doubt but that King Richard had recouered Ierusalem 38. But he returning for defence of his owne countrey fel into great misery For being taken as hath byn said by Duke Leopold of Austria vpon pretence of certaine iniuries receiued from him his people in the warres of Asia he was deteined by him and by the Emperour Henry the 6. more then fifteen moneths prisoner and forced to paie in the end aboue two hundred thousand markes for his ransome partly in present money and partly in pawnes and pledges left for the same And so after foure yeares absence the said King returned 39. But in this tyme of his captiuity his chiefest comforte and refuge was in the assistance of the said Pope Celestinus as may well appeare by the sundry letters of many written vnto the said Pope in his behalfe but especially and aboue others of the afflicted Lady and Queen his mother Eleanor who wrote three large letters vnto him by the pen of Petrus Blesensis Archdeacon then of London that had byn Secretary to her husbaÌ„d K. Henry the second and she beginneth one saying thus Sanè non multum ab insania differt dolor Sorrow truly doth not much differ from madnes And then Gentes diuulsae populi lacerati prouinciae desolatae in spiritu contrito humiliato supplicant tibi quem constituit Deus super Gentes Regna in omni plenitudine Potestatis These nations heer deuided in their owne bowels by absence of their Prince this people torne and broken in themselues these desolate prouinces doe in a contrite and humbled spirit make supplication to you whom God hath placed ouer Nations and Kingdomes in all fullnesse of power And then againe Moueat te Summe Pontifex etsi non huius peccatricis infalicissimae dolor saltem clamor pauperum compeditorum gemituâ— interfectorum sanguis Ecclesiarum spoliatio generalis denique pressura sanctorum Be you moued ô high Priest if not with the sorrow of mee a most vnfortunate sinner yet with the cry of poore men with the groanes of them that are in fetters with the bloud of them that are heere slaine with the spoyling of Churches therof ensuing and with the generall oppression of all holy people And yet further Duo filij mihi supererant ad solatium qui bodie mihi misera damnatae supersunt ad supplicium Rex Richardus tenetur in vinculis Iohannes frater ipsius regnum Captiui depopulatur ferro vastat incendijs Two only children of many remained vnto me for my comforte which now are vnto me most miserable and damned woman become a torment King Richard is held captiue in chaines and Iohn his brother doth spoile by sword and fire the said captiues Kingdomes and dominions 40. This and much more to the same lamentable effect wrote this afflicted mother vnto Pope Celestinus in those dayes requesting him by Ecclesiasticall censures to compell both the Emperour and Duke of Austria to set her sonne the King at liberty And to this effect hath she many vehement speaches exhortations vnto him as for example Nonne Petro Apostolo saith she in eo vobis à Deo omne regnum omnisque potestas regenda committitur Benedictus autem Dominus qui talem potestatem dedit hominibus non Rex non Imperator aut Dux à iugo Vestrae Iurisdictionis eximitur Vbi est ergo Zelus Phinees vbi est authoritas Petri c. were not all Kingdomes and was not all power and gouernment committed by God vnto Peter the Apostle and in him to you Blessed be our Lord that gaue such authority vnto men No King no Emperour no Duke is exempted from the yoke of your Iurisdiction And where is then the Zeale of Phinees where is the authority of Peter c. 41. And againe in another epistle Illud restat vt exeratis in malesicos Pater gladium Petri quem ad hoc constituit Deus super gentes regna Christi crux antecellit Caesaris Aquilas gladius Petri gladio Constantini Apostolica Sedes praeiudicat Imperatoria potestati Vestra Potestas à Deo est an ab hominibus Nonne Deus Deorum locutus est vobis in Petro Apostolo di cens Quodcunque ligaueris super terram erit ligatum in caelis quodcunque solueris super terram erit solutum in caelis Quare ergò tanto temporetam negligenter immò tam crudeliter filium meum soluere defertis aut potius non audetis Sed dicetis hanc potestatem vobis in animabus non in corporibus fuisse commissam Esto Certè sufficit nobis si eorum ligaueritis animas qui filium meum ligatum in carcere tenent Filium meum soluere robis in expedito est dummodo humanum timorem Dei timor euacuet This only remaineth ô Father that you draw forth the sword of Peter against malefactors which sword God hath appointed to be ouer nations and Kingdomes The Crosse of Christ doth excell the Eagles that are in Cesars banners the spirituall sword of â—â—ter is of more power then was the
Church-causes wherof M. Attorney as before you haue seen setteth downe a longe catalogue of such causes as cannot be iudged by the temporal law but must necessarily be remitted to spirituall Courts all these things I say matters and affaires were left as fully and wholy in the hands of the Bishops and English-Clergy with their subordination to their head the Pope by this K. Henry as by any of his predecessours or successours without the intermedling of any secular man therin as iudge or hauing authority Ecclesiasticall as of him self but only by way of intercession And this may be proued by infinite examples but none more apparant then by the practice of elections and promotions of Ecclesiasticall persons wherin though since that time by agreement of the Sea Apostolike Catholike temporall Princes haue for the most parte denomination and presentation yet then they had notâ— but that all elections were free to the Chapters of Churches and monasteries the confirmation commonly was sought at Rome and the King had no more parte therin but only that the said elections must be made by his leaue so presented to the Pope for confirmation 15. And of this other like matters we might giue examples without end for that euery day they fell out As for example vpon the yeare 1226. which was the tenth yeare of K. Henries raigne the Bishop of Durham Richard being dead the K. endeauoured greatly to bring in a certaine chaplaine of his named Luke into that dignity delt earnestly with the Prior CoueÌ„t of that Câ—â—rch to whom the election belonged to further the same But they holding the man vnworthy saith Mathew Paris for so great a dignity chose a learned and vertuous Priest that was Archdeacon of VVorcester named VVilliam Scot praying the King to be content therewith and so sent him to Rome to be confirmed by Pope Honorius the 3. But K. Henry being offended therewith sent the Bishop of Chichester with another Prior for his Embassadours to Rome to contradict the said election and thereby hâ—ld it in suspension for two years vntill Pope Honorius being dead and Gregory the 9. succeeding in his place he did reiect both the one and the other before named and translated vnto Durham Richard Bishop of Salisbury And the same yeare determined also that great controuersie saith our Author that had lasted diuers years between the Prior and Couent of the Monks of Couentry and the Deane and Chapter of the Chanons of Lichfield which of them should choose their Bishop and the said Popes determination was that one parte should choose him one tyme and the other the other but yet so as the Prior of Couentry should alwayes haue the first voice in both elections neither did the King contradict this ordination 16. Moreouer in this verie same yeare of 1228 died Cardinall Stephen Langhton Archbishop of Canterbury with whome and against whom K. Iohn moued so great troubles as before you haue heard who being dead and the monkes according to order hauing obtained licence of the King to make their election of a new they chose a monke of their owne called VValter Hemesham but the King after some deliberation not liking of him began to laie diuers obiections against him as may bee seen in our Author that liued in those daies But hee appealing to the Pope went to Rome whervpon the King setting downe his obiections in writing sent the Bishops of Rochester and Chester togeather with the Archdeacon of Bedford for his Embassadours to contradict the same also whome Pope Gregorie hauing heard and considered for diuers moneths togeather gaue sentence the next yeare after against him and at the instance both of the King Suffragan Bishops of Canterbury elected of himself into that dignitie one Richard that was Chauncellour of the Bishoâ— of Lincolne Virum eminentis scientiae literatura conuersationis â—â— nestae saith our Author A man of eminent knowledg and learning and honest conuersation though he doe add this that to obtaine this election of the Pope to reiect the othâ—â— the said Kings messengers offered that his maiesty the Realme should be coÌ„tent to graunt to his Holines a tenth ouer all England for his warrs against Fredericke the Emperour But howsoeuer that was this proueth euidently the acknowledgment of his supreme Ecclesiasticall authority ouâ—r England by this King as doe infinite other things which are ouer many to be recouÌ„ted in this place 17. For first this verie Archbishop Richard being procured as you haue seen with such diligence by the King three years after his election to witt vpon the yeare of Christ 1231. when the King in a Parlament holden at VVestminster exacted as well of the Clergie as of the laitie a certaine payment or contribution of money called Scutagium not accustomed to be paied before the said Archbishop with his Bishops audacter resistentes dixerunt quod non tenerentur viri Ecclesiastici iudicio subijci laicorum boldlie resisting said vnto the King that Clergie-men were not bouÌ„d to be vnder the iudgment of Lai-men in the Parlament And moreouer the said Archbishop going priuatelie afterward to the King complained much of his high Iusticer Hubert de Burgo Earle of Kent for detaining certaine lands belonging to the Sea of Canterbury and a little after not receauing satisfaction from the King he pronounced excommunication against the said Hubert and other detainers and all that should keepe them companie except onlie the King himself and hauing done this he appealed to Rome and went thither himself Against whome the King sent one Roger de Cantelù and diuers other learned men for his procurators whome Pope Gregorie the nynth hauing heard gaue sentence for the said Archbishop Richard against the King Proposuerunt autem in contrarium Clerici Regis saith Matthew Paris pro ipso Rege Iusticiario multa inaniter allegantes sed parum vel nihil profecerunt quia causa Archiepiscopi iusta erat fauorabilis The Kings Clarks and Procurators proposed manie thinges to the contrarie in fauour of the King and his Iusticer but of no moment and consequentlie they profited little or nothing with the Pope for that the Archbishops cause was both iust and fauourable See heer againe the Popes authoritie in practice 18. And when this good Archbishop Richard dying in his way homeward left the Church void againe of a Pastor the Prior and Couent of Canterbury chose for Archbishop one Raph Neâ—il Bishop of Chester and Cauncelour of the Realme wherat the King being verie glad sent his messengers togeather with the partie chosen and the monkes that accompanied him to Rome for his confirmation But Pope Gregorie vpon the information of one Simon de Langituna to whom the examination of the person was committed did refuse him as an vnlearned man and a Courtyer and vnapt to preach or teach but indeed as some suspected least being a great lawyer and of much authoritie
Valentinian the elder who refused to be present and much more President in certaine conferences about religion betwene the Catholicke Bishops the Arrians vpon consideration of these two distinct Orders of Clergie and lay-men though he were inuited therunto by Catholicke Bishops themselues Mihi quidem saith he cum vnus de populo sim fas non est talia perscrutari verum sacerdotes qui bus haec cura est apud semetipsos congregentur vbi voluerint Vnto me that am but one of the lay people it is not lawfull to examine such things as appertayne vnto religion but let priests to whome this care is committed meet togeather amoÌ„g themselues to discusle the matter where they will So much was this distinction between lay-men and priests esteemed by this auncient Christian Emperour 11. Secondly I demaund of M Attorney concerning his distinction of Courtes and causes to be handled therin Temporll Spirituall how it commeth to passe that the Conusaunce of such causes as here he calleth Spirituall belong not as he saith to the Common-lawes of England No nor as presently after he affirmeth could not belong For that they are not within the conusaunce of the sayd Common-laws And why is this I praye you For if the temporall Prince be equallie head in both causes and in both Iurisdictions and that the power to knowe discerne iudge in both sortes doe descend only from the temporall Prince as before out of the Statute of King Edward the 6. you haue heard by the Statute-makers determined and M. Attorney confirmeth euery where in these Reportes then should the common-Lawes of our Realme which are the temporall Princes law be coÌ„mon indeed according to their name to all causes aswel Spirituall as Temporall for that their author and origen which is the King hath equall Power Iurisdiction in both for that it is a maxime vncontrollable that according to the Iurisdiction of the Lâ—w maker vertue and power of the law doth extend it selfe And then doth M. Attorney affirme that the conusaunce of so many Ecclesiasticall causes as he setteth downe is not within the compasse of our Common-lawes or what compasse will he assigne or lymitt to that Princes lawes that according to this assertion hath power in all Is not this to contradict himself and to ouerthrow with the one hand that which he goeth about to establish with the other For if the Kings power be common to both causes aswell Ecclesiasticall as Temporall then must the Kings Common-lawes be common to both Courtes and matters therin handled 12. But let vs see a certaine sleight or euasion of his worth the noting As in temporall causes saith he the King by the mouth of the Iudges in his Courtes of Iustice doth iudge and determyne the same by the temporall lawes of England so in causes Ecclesiasticall as Blasphemy Apostacy Heresyes Ordering Institutions of Clerkes c. the same are to be determined and decyded by Ecclesiasticall Iudges according to the Kings Ecclesiasticall lawes of this Realme Marke here gentle reader how M. Atnorney playeth wyly beguyly For according to the proportion of his coÌ„parison he should haue coÌ„cluded thus So the King by the â—outh of his Ecclesiasticall Iudges doth iudge and determine the said Spirituall Ecclesiastical causes by his owne Ecclesiasticall lawes But this he foresaw would include this great inconuenience among others that if he said that the King did iudge determine by the mouthes of his spirituall Iudges the aforesaid spirituall causes as he doth the temporall then might he doe the same yea and exercise them also immediatly by himself if need were aswell as by others for in all temporall iudgments and affayres the King may sit himself in courte and performe in person whatsoeuer his Officers by his authority doe or may doe which yet M. Attorney saw would be somwhat absurde to graunt in the spirituall causes proponed by him of Blasphemy Ordering of Priests or giuing holy Orders Institutions of Clerkes Celebration of diuine seruice and the like to witt that the King should performe them immediately in his owne person for who would not say it were absurde for example that the King should sing or say the common seruice to the people or administer the Sacrament of Absolution or Marriage or giue holy Orders and the like which yet the Bishop of Rome and all other Bishops or Prelates neuer so great doe may doe without inconuenience And in truthe it followeth euidently that he who can giue authority or power for another to doe a thing as from himself and in his name may performe the same in person also if he list at least wise it cannot be vnlawfull for him so to doe And therfore coming to the application of his comparison he changeth his phrase and saith that the same are to be determined and decyded by Ecclesiasticall Iudges according to the Kings Ecclesiasticall lawes of this Realme 13. Wherin you must note another shifte more poore and silly then the former for that hauing declared vnto vs before that there are two generall partes and members of the Realme to witt the Clergy and the Laity and that these two haue two seuerall Tribunalls in their affaires gouerned by two sortes of different lawes Temporall and Ecâ—lesiasticall Common and Canon and these deriued from two different Authors and origens the Common-law from the temporall Prince and Commonweath Ecclesiasticall from others saith M. Atorney but specifieth not from whom or whence though all the world knowe that they come originally from the Church Sea Apostolique all which inferreth distinct originall Iurisdictions M. Attorney by his great witt hath deuised a newe sleight neuer perhaps yet heard of in the world before which is to make these Ecclesiasticall lawes though deriued from others to be the Kings owne lawes for that he approueth and alloweth them within the Realme and consequently that all lawes both Temporall and Spirituall doe come from the King as their Author which is a token that he hath full Supreame power And this singular deuise pleaseth him so well as he repeateth the same sundrie tymes in this Treatise You shall heare the same in his owne words in this place how dangerous and preiudicyall a Conclusion he buildeth vpon the same against Catholiques 14. For as the Romans saith he fetching diuers lawes from Athens yet being approued and allowed by the State there called them notwithstanding Ius Ciuile Romanum And as the Normans borrowing all or most of their lawes from England yet baptized them by the name of the lawes or customes of Normandy so albeit the Kings of England deriued their Ecclesiasticall lawes from others yet so many as were approued and allowed here by and with a generall consent are aptly rightly called the Kings Ecclesiasticall lawes of England which whosoeuer shall deny he denyeth that the King hath full and plenary power c. And consequently that he is no coÌ„plete Monarch nor head
and prescribeth in particular what is to be done as lawfull Iudge in these matters And to that of the French Bishops he giueth such answeres as therby he testifyeth that he wel knew himself to haue supreme authoritie and iurisdiction Ecclesiasticall as well ouer all Bishopps of France as of England and all countryes besides throughout all Christendome For thus he wrote as S. Bede relateth For as much as concerneth the Bishopps of France I gaue you no authoritie ouer them and from the ancient tymes of my precedessors the Bishop of Arles hath receaued his pall from the Sea of Rome whome we ought not to depriue os that authoritie which from them he hath receaued c. 12. And the same Pope Gregorie sending the pall which is the proper signe of Archi-episcopal authority vnto the same S. Augustine of England he appointeth him his limitts of power and iurisdiction and what he shall doe and giue to others and this without any reference vnto K. Ethelbert any way to depend of him in his said authority or execution therof For thus he writeth vnto him Reuerendissimo Sanctissimo Fratri Augustino Coepiscopo Gregorius seruus seruorum Dei. Quia noua Anglorum Ecclesia c. For that a new Church of the English nation by Gods gyft and your labour is now brought to participate of the grace of our Sauiour Christ we doe graunt vnto you the vse of the pall in the sayd Church only to be vsed in the solemne celebration of Masses we graunt you also authority to ordeine twelue Bishops vnder you which shal be subiect to your iurisdiction but yet sâ— as the Bishop which shal be ordeyned for the citty of London shall euer afterward be consecrated by a Synod and shall receaue also a pall of honour from this holy and Apostolike Sea of Rome â— wherin by Gods appointment I doe serue at this tyme. We doe will you also to send a Bishop to the Citty of Yorke whome your self shall thinke good to ordeyne but yet with this condition that if that Citty with other places neere about doe receaue the worde of God he may ordayne twelue Bishops also and so remaine with the honour of a metropolitan for that we doe intend God willing if we liue to giue him also the pall whome yet notwithstanding we will haue to be subiect to your disposition though after your death he shall so be ouer these Bishops whome he hath ordeyned as he be no way subiect to the iurisdiction of the Bishop of London c. But your Brotherhod shall not only be Superiour and haue authority ouer those Bishops which your self haue ordeined but ouer those also which shal be ordeined by the said Bishop of Yorke And so in the authority of Iesus Christ our God Sauiour you shall haue subiect vnto you all the Priests of Brittany to the end that from your mouth and holines of life they may receaue a true forme both of right belief and vertuous life and therby performing their dutyes of good Christians both in faith and manners they may come at length by Gods holy grace to enioye his heauenly Kingdome who keepe and defend you euer most reuerend Brother The tenth day before the Calends of Iuly Mauritius being Emperour c. the 4. indiction anno Domini 601. 13. By this epistle and commission of Pope Gregory we may see what authority he tooke himself to haue for all matters spiritual and Ecclesiasticall in our Countrey neither did he thinke herby to doe any iniury to King Ethelbert neither did the King take it soe or imagine that himself had any spirituall Iurisdiction or Ecclesiasticall authority to gouerne the Church by vertue of his temporall crowne more now by being a Christian then he had before when he was a Gentile but only that now he was to gouerne Ecclesiasticall persons also in ciuill and temporall matters and therby might rightly be called King of them both in the sense which befoâ—e in the second Chapter of this answere we haue declared 14. Nay good King Ethelbert was so far of from thinking himself to receaue any preiudice against the power and authority of his temporall Crowne by the spirituall iurisdiction ouer him and all others instituted by Pope Gregory as he infinitely reioyced therat and presently made temporall lawes to confirme the same hauing speciall care to prouide for the fafety and immunity of the Clergie as S. Bede doth signifie And moreouer that he reduced the forme of his secular iudgements and Tribunalls to the likenes of those of Rome Among other good things and benefits saith he which King Ethelbert with his wisdome did bring into his nation one was that he appointed by the counsaile of wise men the decrees of iudgements to be made according to the example of the Romanes which decrees being written in the English tongue doe remaine in vse and force vnto this day So Bede Who liued an hundred fifty yeeres after And this may suffice for example of the first Kingdome conuerted to Christian religion which was of Kent and the countreyes round about euen vnto the riuer of Humber 15. But if I would passe to the consideration of other Kingdoms also conuerted after this of their Christian CoÌ„mon-wealthes instituted and ordeyned according to the forme of this first there would be much to say For first some foure yeares after the conuersion of the sayd K. Ethelbert of Kent by S. Augustine was conuerted by the preaching of S. Mellitus Sebert or as S. Bede calleth him Sabered King of the East-saxons and some fiue yeares after that againe King Sigebert of the East-angles by the preaching of S. Felix Bishopp and some seuenteene yeares after that againe K. Edwyn of the Northumbers by the preaching of S. Paulinus And then further some nyne yeares after thatâ— K. Kinegilsus of the VVest-saxons by the preaching of S. Berinus and about the same time Prince Peda of the Mercians or Middle-iland people by the persuasion of the good K. Oswyn of Northumberland And finally about some 27. yeres after all this K. Ethelwâ—ld or Ethelwalch as S. Bede calleth him of the Southsaxons was conuerted by the preaching of S. VVilfride 16. All these Pagan Kingdomes as they receaued the faith and Kingdome of Christ by the industrye and labours of spirituall and Ecclesiasticall men that preached and instructed them and were subordinate the one to the other but all to the Sea os Rome so did those Kings now made Christians subiect themselues vnto them not only in matters of faith and beliefe but in discipline also and Ecclesiasticall iurisdiction as sheep to their Pastors according to that which before you haue heard S. Cregâ—â—â— Nazianzen tell the Emperour of his tyme and herby it came to passe that albeit these different Kingdomes had different teâ—porall lawes for secular affayres before their conuersion and reteyned the same afterward vntill England became one sole Monarchie
nothing to the point wherevnto M. Attorney should haue brought it he remaineth destitute of any instance out of this Kings raigne as well as out of his Predecessour Successour of which Successour we haue now also to say a word or two to end this Chapter withall OF THE RAIGNE OF KING STEPHEN The fourth King after the Conquest §. II. 25. After K. Henry raigned K. Stephen his Nephew that is to say the sonne of his sister eighteene years somewhat more wherin the misery and vncertainty of humaine designements is seene that K. Henry the first who had laboured so much to establish after him his owne succession in England by his sonnes the like in the Empire by marriage of his daughter Maude to Henry the 5. Emperour as you haue heard and to this effect was induced to cut of so many noble men and houses both in England and Normandy and to pull out his owne brothers eyes for more assurance therof holding him almost thirty years in perpetuall prison vntill his death hauing heaped togeather infinite riches and treasures saith Malmesbury to wit aboue a hundred thousand pounds in ready-money besides plate and Iewels to establish these his designements c. that now notwithstanding all was dashed vpon the suddaine his male children being drowned vpon sea and his daughter returning without issue from Germany 〈◊〉 dispossessed in like manner of her inheritance to England by 〈◊〉 neerest kinsman Stephen that first of all other had sworne â—â—mage vnto her in her Fathers dayes 26. This man then hauing gotten the possession of the Crowne albeit he had infinite troubles therewith and the Realme much more by this means and by his instability of nature who was wont saith Malmesbury to begin many things goe through with few to promise much and perfourme little yet held he out for more then 18. years togeather as I haue said And in all this time though he had little leasure to attend peculiarly to Ecclesiasticall matters and lesse will oftentymes being wholy intangled in matters of warre yet his whole course and race of life sheweth euidently that in this point either of beleife or practice concerning Ecclesiasticall power he did not differ or dissent from his auncestors or from other Christian Catholike Princes that liued round about him in those dayes Nay he was held for so religious in this behalfe before he was King as the opinion therof did greatly further him to gaine the Kingdome For that saith Malmesbury Henry Bishop of VVinchester which now was Legate of the Sea Apostolicke in England that principally was the cause of his preferment to the Crowne was induced therevnto by most certaine hope that Stephen would follow the manners of his grand-father the Conquerour in gouerning the Crowne but especially in preseruing the discipline of Ecclesiasticall vigour and vpon this hope did the said Bishop interpose himself as mediatour and pledge for Stephen with VVilliam Archbishop of Canterbury and the rest of the Bishops and nobility exacting of him a strict oath De libertare reddenda Ecclesia conseruanda For restoring and conseruing the liberty of the Church which VVilliam Rufus by his loose gouernment had much infringed 27. The same Malmesbury also that liued with him setteth downe the mutuall oathes both of him and his nobility the one to the other surauerunt Episcopi fidelitatem Regi saith he quamdiu ille libertatem Ecclesiae vigorem disciplina conseruaret The Bishops did swâ—â—â— homage and fidelity to the King as long as he maintained the liberty of the Church and vigour of discipline therin But the Kings oath was large concerning his election admission crowinge by the Archbishop of Canterbury as Legat Apostolicall that he was particularly confirmed by Pope Innocentius c. And then it followeth Ego Stephanus c. respectu amore Dei Sanctam Ecclesiam liberam esse c. I King Stephen doe graunt and confirme for the respect and loue I beare to allmighty God to maintaine the freedome of his Church doe promise that I will neither doe nor permit any symmoniacall act of selling or buying benefices within the same I doe testifie also and confirme that the persons and goods of all Clergy-men be in the hands power and iustice of their Bishops c. And I doe confirme by these presents and their dignityes priuiledges and auncient customes to be inuiolably obserued c. 28. This oatâ— made he at his first entrance as Rufus others had done before him wherby they testified not only their iudgment but also their obligation though afterward in obseruance therof many times they failed vpon particular interest or passion mouing them to the contrary For so writeth Malmesbury also of this King Penè omnia ita perperà m mutauit posteà quasi ad hoc tantum iurassâ—t vt preuaricatorem Sacramenti se Regno toti ostenderet He did afterward in his life so peruersly breake all that he had sworne as though his swearing had byn only to this effect to shew himself an Oath-breaker to the whole Kingdome But yet presently after he excuseth him againe Sed haec omnia non tam illi quam Confiliarijs eius ascribendae putâ— But I doe thinke all these things to be ascribed rather to euill Counsellours then to himself 29. One notable case fell out vpon the 4. yeare of his raigne to wit in the yeare of our Lord 1139. when holding his Courte in the Citty of Oxford and expecting dayly the comming out of Normandy of Robert Earle of Glocester in fauour of Maude the Empresse I meane that famous Robert base sonne of K. Henry the first most excellent in wisedome and feats of Armes and a great fauourer of learned men to whome both Malmesbury and Geffrey of Monmouth dedicated their books the King being persuaded I say by certaine il Counselours and souldiars about him to lay hands vpon the goods and Castles of two rich and potent Bishops the one Roger of Salisbury that had byn Chaplaine to King Henry and the other Alexander of Lincolne his nephew and the Kings Chauncelour he followed at length their counsaile and caused both Bishops to be apprehended and forced to deliuer vp the keyes of their Castles and treasures therein pretending feare and doubt least they would otherwise hape kept the same for the said Earle of Glocester and Maude the Empresse◠〈◊〉 30. And albeit these two Bishops power greatnes had 〈◊〉 much misliked also by the Cleargie it self yet seeing saith Malmesbury this violence to be vsed against the Canons they admonished the King therof by diuers waies especially by his brother Bishop of VVinchester now also Legate of the Sea Apostolicke a likewise by Theobald Archbishop of Canterbury that had succeeded William who went so far and were so earnest in this matter saith Malmesbury then liuing vt suppliciter pedibus Regis in cubiculâ— effusi orauerunt vt misereretur Ecclesiae
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
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—
reward in the life to come for it And so much of this 14. But now to passe to another consideration about the same King it seemeth to me that nothing sheweth more this Kingâ— true affection deuotion and confidence towards the Pope and Sea of Rome then his owne recourse thervnto in his greatest affliction before mentioned of the conspiracy of his wife and children against him For then he wrote a very lamentable letter vnto Pope Alexander beginning thus Sanctissimo Domino suo Alexandre Dei gratia Catholicae Ecclesia Summo Pontifici Henricus Rex Angliae c. Salutem deuotae subiectionis obsequium In which letter among other things he saith thus Vbipleniorem voluptatem contulerat mihi Dommâ—â— ibi grauius me flagellat quod sine lachrymis non dico contra sanguineâ—â—â—eum viscera mea cogor odium mortale concipere c. Where God hath giuen me greatest pleasure and contentment there doth he most whip me now and that which without teares I doe not speake vnto you I am constrained to conceiue mortall hatred against my owne bloud and my owne bowels My freinds haue left me and those of myne owne house doe seeke my life this secret coniuration of my wife and children hath so intoxicated the minds of all my most familiar freinds as they prefer their traiterous obedience to my sonne and would rather beg with him then raigne with me and enjoy most ample dignities c. Abseâ—â— corpore presens tamen animo me vestris aduolno genibus I being absent in body but present in mynd with you doe cast my self at your knees Vestrae iurisdictionis est Regnum Angliae c. Experiatur Anglia quid possit Romanus Pontifex The Kingdome of England is vnder your iurisdiction Let England learne by experience what the Bishop of Rome can doe Promitto me dispositioni vestra in omnibus pariturum I doe promise to obay your disposition in all hings 15. Thus he wrote at that tyme with teares as you haue heard wherewith Pope Alexander being greatly moued sent commaundement to Richard Archbishop of Canterbury to write earnestly vnto K. Henry the sonne to recall him from his rebellion vnder paine of excommunication as before we haue shewed And this confident recourse of K. Henry to the Pope in so great an affaire declareth well the opinion he had of his authority And conforme vnto this were all the rest of his actions and doings concerning Ecclesiasticall iurisdiction when he was out of passion and perturbation acknowledging none at all in himself but only from the Sea Apostolike And heervpon he fouuded the security of all his hopes by his first marriage with the Queen Eleanor as hath byn said whose diuorce from King Lewes was vpon the Popes sentence declaringe the same to be inualide and no marriage at all by reason that they were married within degrees of consanguinity prohibited by the Church 16. And soone after this againe about the 6. yeare of his raigne the same King as Stow relateth procured dispensation of the said Pope by his Legat-Cardinalls Henricus Pisanus and Gulielmus Papionensis to make a marriage between Henry his eldest sonne of seauen years old and Margaret the French Kings daughter that was yet but of three years old which he would not haue done by all likelihood with so manifest perill of his whole succession therby if he had either doubted of the Popes authority therin or presumed of his owne 17. And not many years after this againe the said King being very desirous to remoue from the Church of VValtam in Essex certaine secular Chanons that liued not with edification and to place in their roome regular Chanons presumed not to doe it of himself or his owne authority which yet might seeme a small matter but by the authority of the Pope Rex saith Houeden ex authoritate Domini Papae instituit in Ecclesia de VValtham Canonicos regulares The King did appoint regular Chanons in the Church of VValtham by the authority of the Pope And the same doth testifie VValsingham vpon the yeare 1177. that it was done in the vigil of Penticost Authoritate Summi Pontificis sub praesentia Regis By the authority of the Bishop of Rome the King being present at the doing 18. And the same VValsingham two years after that againe doth record another iudiciall Act of the said Pope Alexander in England which is that he exempted from the obedience of the Archbishop of Canterbury Roger that was Prior of the monastery of S. Augustine in the same Citty which had byn subiect to him saith he for fiue hundred years before And it is probable that neither the King nor Archbishop did like thereof but could not let the same 19. And finally to goe no further in this matter of this Kings obedience and deuotion towards the Church when he was out of choller and passion and free from such other perturbations as did draw him stroÌ„gly oftentimes to the doing of certaine things which after he repented I shall end with one shorte narration only of the foresaid VValsingham or a strange extremity and aduersity of fortune from which God deliuered him at one tyme by means of his deuout mynd towards the blessed Martyr S. Thomas of Canterbury vpon the year 1174. which was three yeares after his said martyrdome at what time the Kings state was this as partly before you haue heard Lewys King of France coÌ„ioyning himself with Henry the third King of England and the rest of his brethren against their Father pressed him sore with great armies in Normandy and other partes of his Dominions in France And at the very same time his wife Queen Eleanor in England conspiring with her said sonnes incited by her example many other Princes and noblemen to doe the like who raised diuers rebellions And besides all the rest VVilliam King of Scotland came in with a great Army on the North-side and Philip Earle of Flaunders was entered with another on the South-side At which time K. Henry seeing himself in these straites and not well knowing what to doe yet resolued at the length to passe from Normandy into England and first to succour the principall parte But being on the Sea there arose such a tempest as seing himself in great daunger Erectis in caelum luminibus saith VValsingham lifting vp his eyes to heauen he desired God that saw his intention to be mercifull vnto him as his meaning and purpose was to seeke the peace both of the Clergy people of England c. And God saith our Author admitted presently the prayer of this our humbled King and brought him safe to Hampton-port with all his people who from that day forward giuing himself to pennaunce vsed saith he a very thinne diet to wit bread and water only and casting of all temporall cares nor entring into any one Citty as he went by the way neuer ceased vntill he came to