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
of the whole entire body of the Realme 15 You see whervnto this deuise tendeth to make yt a matter of treason to deny this fancy of M. Attorney that for so much as the Canons and Ecclesiasticall lawes of the Church made by Popes and by Generall Councells from tyme to tyme and receued vniuersally for spirituall and Ecclesiasticall matters throughout the Christian world were receued also and allowed by the Kings Comnn wealth of England which was an euident argument of their acknowledging of the said Ecclesiasticall Iurisdiction of the Church and spirituall gouernours therof of this approbation and allowance he would inferr that these lawes were the Kings lawes though deriued as he sayth from others that is to say from Popes and Bishopps At which inference I doubt not but that his fellow-lawyers will smile And truly I am sory that he being accoumpted so great a man in that faculty which is wont to reason well hath giuen so manifest occasion of laugther For that euery puney young student of law will see by common reason that the admitting of an other mans lawe doth not make it his lawe or that he had power to make that lawe of himself but rather to the contrary it sheweth that the admitter acknowledgeth the other for his Superiour in all matters contained vnder that law For the power of making lawes is the highest power that principally proueth dominion in any Prince and the admitting and obeying therof by another Prince is an euident argument of inferiority and subiection and so here the admitting of the Popes Ecclesiasticall and Canon-lawes was an argument that the admitters acknowledged his supreme authority in Ecclesiasticall affayres 16. Neyther is M. Attorneys example of the Romans or Normans any thinge to the purpose all For that the Romans did not take from the Athenians any formall lawes made by them for the gouernment of the Romans for that had been to acknowledg superiority as before hath bene said but rather they taking a suruey of all the Grecian lawes aswell of Athens as other Common-wealthes or States they tooke parcells therof here and there and applied the same to their Common-wealth which was properly to make lawes of them selues And the like may be sayd of the Normans if they borrowed any of their lawes from England which yet I neuer read in any Author besides M. Attorney but rather that the Normans gaue lawes to England 17. But nowe in the Canon-lawes receiued in England for almost a thousand yeares together after our first Conuersion the matter is farr different for that these were receiued wholy and formally as lawes made by another superior power in a different Tribunall different causes sent expresly to England and to all other Christian Kingdomes to be receiued and obserued and some also out of the same Ecclesiasticall power made within the land by Synodes and Prelates therof and promulgated to be obserued both by Prince and people formally and punctually as they lay and so were receiued admitted allowed and put in execution by the said Prince and his Officers except perhaps some tymes some clause or parte therof might seeme to bring some inconuenience to the temporall State for which exception was made against it and the matter remedied by common consent And this was another manner of admitting lawes then the Romans admitted some peeces of there lawes from Athens or rather translated some pointes of the Athenian lawes into theyrs which was to make them selues Maisters of thus lawes and not receiuers or admitters And finally wee see by this to what poore and pittifull plight M. Attorney hath brought the title of his booke De Iure Regis Ecclesiastico Of the Kings Ecclesiasticall law to witt that it is the Popes Ecclesiasticall law◠in deed made and promulgated by him and his but receiued and obeyed by the King and consequently not the Kings law but the Popes 18. Wherfore to conclude the first part of this Chapter for so much as M. Attorney by these two arguments De Iure which are the only he mentioneth hath proued no right at all of supreme spirituall Iurisdiction to haue accrewed to Q. Elizabeth by the title and interest of her temporall Crowne but rather the contrary to witt that both his Arguments haue proued against himself we see therby how vnable he is to proue his said affirmatiue proposition by this first head and sorte of proofe De Iure I shall now in the second part of this chapter endeuour to prooue the negatiue by as many sortes of rightes and lawes as any thing may be proued that is to say not only by Canonicall Ciuill lawes but by law of Nature also of Nations Mosaycall Euangelicall and by our ancient Common-lawes of England all which doe concu◠in this that Q. Elizabeth being a woman could not haue any supreame spirituall power or Iurisdictiō in Ecclesiasticall matter◠THE SECOND PART OF THIS CHAPTER VVherin is shevved that Q. Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction §. I. 19. First then being to performe this we are professe in this place that we meane not to imitate the proceeding of some Protestants in this behalf who following no certayne rule of doctrine no◠moderation in their doings or writings doe passe to extreames therfore feeling themselues greiued vnder Q. Maryes raigne with the course of Catholike religion then held tooke vpon them to publishe that women were not capable of any gouerment at all Temporall or Spirituall nor to be further obeyed than they would make Reformation in Religion for so they called it comforme to their willes and prescriptions as appeareth by the bookes writings and actions both of Goodman VVhitingham Gilbye Knockes others who taking their fire of fury from Geneua sought first to kindle the same in England and being repulsed thence brake into open flames of combustion in Scotland and neuer coassed vntill it brought two Noble Queens mother and daughter to their ruyne and afterward put their heire and successor into such plunges by those and other heades of like doctrine and desperate attemptes answerable therunto as Gods right hand did only preserue him from like ruyne 20. But we are not of this spirit to seeke reuenge by such new brayn-sicke doctrine we graunt that Queens may lawfully raigne inherite that Successiō which euery Countrey by their peculiar lawes doth allow them The great Kingdome of France doth excude them so doe many lesser States in Italie and Germany and other Countryes yet doth Spaine England Scotland and Flanders admitt them for preuenting other inconueniences when Male-sucessors doe fayle So as for this point of Q. Elizabeths temporall gouerment we haue no controuersie in this place If any fell out betweene her and the Bishop of Rome whose authority she tooke from him and applyed it to her self and many otherwayes exasperated him that fact appertayneth not to vs that are priuate men to iudge
Furthermore some few yeares after this againe vnder Pope Sergius there went to Rome to be baptized the famous young King Ceadwalla of the West-saxons of whome Malmesbury saith Tantum etiam ante baptismum inseruierat pietati vt omnes manubias quas iure Praelatorio in suos vsus transcripserat Deo decimaret He did obserue such piety euen before his baptisme as he gaue to God the tythes of all his spoyles which he had applied to his owne vse out of the bootyes he had gotten of his enemyes Of whose baptisme and death in Rome we shall haue occasion to speake after To whome the famous King Inas succeeded both in his Kingdome and vertues And with both of them was insingular credit the holy Abbot S. Adelmus afterward by the said Inas made Bishop of Shirborne who going to Rome with the said Ceadwalla retourned after his death and carried with him saith Malmesbury Priuilegium quod pro libertate Monasteriorum suorum ab Apostolico Sergio impetrauerat quod libens Inas confirmauit multa Dei famulis eius hortatu contulit ad extremum renitentem Episcopatu honorauit He brought from Rome the priuiledge for the liberties or franquises of his Monasteryes which he had obteyned of Sergius Bishop of the Sea Apostolicke which priuiledge King Inas did willingly confirme and by his persuasions did bestowe many benefits vpon Gods seruants and last of all honoured him also with A Bishopricke to witt of Shirborne though he resisted the same what he could 41. And moreouer he saith of the same King of his respect vnto the aforesaid Saint and learned Bishop for Malmesbury saith he wrote an excellent booke of virginity dedicated to the Nunns of Berkensteed wherby many were moued to that holy kinde of life eius pracepta audiebat humiliter suscipiebat granditer adimplebat hilariter King Inas did harken to the precepts of Adelmâ—â— with humility receaued the same with great estimation and fulfilled them with alacrity And this point concerning the priuiledges of Monasteries fell out about the yeare 687. and in the number of these Monasteries the same Malmesbury treating of the yeare 1140. in King Stephens time saith that the Abbey of Malmesbury was one and in the former he signifieth that Inas obteyned also the like priuiledges for diuers Monasteryes Regâ—is sumptibus nobiliter a se excitatis Nobly erected by him with royall expences and that the Abbey of Glastenbury was one whose most ample priuiledges both from Popes and diuerse Princes were renewed and ratifyed againe largly in K. Henry the second his time as all our historyes doe sett downe 42. And all this hapned out in the first age of our primitiue Church and it would be ouerlong to run ouer the rest with like enumeration but yet some few more examples we shall touch as they offer themselues in order And first we read that immediately after this first age to wit in the yeare of Christ 70â— two famous Kings Kenredus of the Mercians and Offa of the East-saxons leauing voluntarily their Kingdomes and going vpon deuotion to Rome there to leade and end their liues in prayers almes other pious exercises there went with them as ghostly-father and directour of that deuout iourney as after more largely shal be shewed Egwyn third Bishop or VVorcester as Florentius declareth who retourning home required of them as it semeth no other reward but that by their intercession and his owne he might obteyne of Pope Constantine and Charter of priuiledges for a monastery of his newly erected within the territory of VVorcester which the said two Kings had endued with many temporall possessions and so he did and retourned with great contentment for the said priuiledges and exemptions obteyned for his foresaid Abbey of Euesham for soe it was called And by this we see that he did not holde his said Abbey for secure and well defended by the prouisions of the said Kings except he had obteyned also his confirmation therof from Rome 43. Next after this we read of the foresaid famous King Offa of the Mercians who meaning to buylde a royall stately Monastery vnto the protomartyr of EnglaÌ„d S. Alban went to Rome to Pope Adrian to aske licence confirmation and priuiledges for the same vpon the yeare as Matthew of VVestminster writeth 794. and among other exemptions to vse his owne wordes that he might haue it ab omni episcoporum subiectione emancipandum that is to say that it might be free and exempted from all subiection of Bishops which the Pope graunted willingly as appereth by his letter vnto the said Offa wherin among other things he saith Fili charissime c. Most deare chyld and most potent King of the English Offa we doe commend greatly your deuotion concerning the protomartyr of your Kingdome S. Alban and doe most willingly giue our assent to your petition of buylding a Monastery in his memory and doe priuiledge the same c. Wherfore by the counsayle of your Bishops and noble men you may make your Charter and afterward we shall confirme and strengthen the same with our letters and exempt the sayd Monastery from all authoritie of Bishops and Archbishops and subiect it immediatly to this our Apostolical Sea So VVestminsterâ— wherby we may see that this potent King Offa did not pursuade himself that he had authoritye by the right of his crowne to giue Ecclesiasticall exemptions to the monasteries of his realme though they were of his owne founding which yet M. Attorney as you haue seene in the former chapter would needes proue by the example of K. Kenulsus about whose tyme as before hath byn alleaged out of Marianus Scotus Bishop Rethurus was sent to Rome to obteyne priuiledges for the Abbey of Abindon from the Sea Apostolicke as he did 44. But before we passe from this example of King Offa let vs heare the words of Mathew Paris about this fact Ipse insuper sayth he Rex Offa in quantum potuit aliquis Rex Coenobium sancti Albani quod ipse magnificè fundauit liberum esse constituit in temporalibus vt ipsum liberum faceret in spiritualibus Romam in proprio corpore adijt This K. Offa moreouer so much as a king might doe made the monastery of S. Albanes which himself magnificently had founded free in all temporall affaires and that iâ— might in like maÌ„ner be free or haue priuiledges in spirituall matters he went in proper person to Rome c. Behold the distinction how a King could giue libertyes and priuiledges in temporall things but could procure them only in spirituall from the Sea Apostolicke which is quite opposite to all that M. Attorney affirmeth but let vs goe forward 45. After this againe we reade in VVilliam of Malmesbury of the greate and godly King Edgar who ruled ouer all England that he hauing a speciall deuotion to the fore-mentioned Abbey of Glastenbury wherevnto he had giuen great
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
sonne Prince Lâ—wes and the Barons of England that made warre against him All whom he first coÌ„maunded to surcease their said warrs and emnities against the said K. Iohn and then for that they obaied not he threatned and â—enounced excommunication against them and besides this he sent his Legat named VVaellâ— to be with K. Iohn and assist him in person in all his needs and necessities which was no small help and comforte vnto him in those distresses And finall in after his death he was a principall cause why his young sonne Henrie the â— was admitted for King notwithstanding the Barons firme resolution promise and oath to the contrarie and that Prince Lawes was forsaken and forced to 〈◊〉 of England the said Legaâ— being made generall Gouernour both of the King and Kingdome for that present togeather with the Earle of 〈◊〉 Lord Marshall of the land 64. And as for the said Barons that so resolutely stoods 〈◊〉 K. Iohn and his succession their cause was about the priuiledged and laws of the Realme as well concerning the Glergie as lay men which were the same priuiledges as they affirmed that were graunted and set downe in King Edwards daies the Confessor confirmed by the Conquerour allowed published againe by K. Henry the first and not disallowed by this mans Father K. Henry the 2. in witnes wherof they produced a Charter of the said K. Henry the first All which liberties laws and ordinances K. Iohn promising them at his first recoÌ„ciliation to giue grâ—inâ— and ratifie was vrged afterward by them to publish the same â—â— writing vnder the great seale of England as he did at Oxford in the presence of al his nobility in the 17. yeare of the said Kingâ— raigne which was the next before his death syaing in the 〈◊〉 writing Ex mera spontanea a voluntate nostra concessimu Charâ—aâ—â—stra coÌ„firmauimus eam obtinuimus à Domino Papa Innocencia confirmâ—n quaÌ„ nos obseruabimus ab haredibus nostris in perpetuuÌ„ bona fide 〈◊〉 obseruari We haue graunted out of our owne meere free good will haue confirmed the same by our Charter and haue contained of Pope Innocentius that he confirme the same also with his assent which Charter both we shall obserue our selues and will haue to bee obserued faithfullie by our heirs for euen behold that K. Iohn doth not onlie confirme these liberties himself but procured the same to be confirmed also by Pope Innocentius for more stabilitie And the beginning of the said liberties it thus set downe Quod Anglicana Ecclesia libera sit habeat iurasâ—â— integra suas libertates illasas maximè libertatem electionum qâ—â— maximae magis necessaria reputatur Ecclesia Anglicunae That the English Church be free and haue all her rights whole and all hâ—â— liberties inuiolate and especiallie her liberties of elections 〈◊〉 choosing her Prelates which is held to bee the greatest and most necessarie to the English Church And then follow the othâ—â— liberties of Barons noble-men and the common people 65. And for that it was vnderstood that notwithstanâ—â—â—â— these two graunts and confirmations of these laws and priuileâ—ges K. Iohn by the counsaile of certaine strangers that weeâ—â—bout him of his Countreyes in France was perswaded to 〈◊〉 the same againe and to informe the Pope wrong fullâ—e 〈◊〉 intentions of the said Barons as though they meane not so 〈◊〉 the conseruation of these priuiledges indeed aâ—â—â—soâ—◠〈◊〉 Kingdome to the King of Fâ—â—nce and the Pope inclining to beâ—â—uâ—e him the said Barons were so much exasperated therby as they made the vow before mentioned neuer to obey him or his anymore And thervpon calling ouer the said Prince Lewes of France gaue him London and all the South-parts of England and would haue gained him the rest in like manner if the Popes resistanes had not byn so great and K. Iohn had not died at that very instant in the heat of all the warre not poisoned by a monke as foolish Iohn Fox doth affirme and set forth in many printed and painted pageants of his booke but vpon greife of mind trauaile and disorder of diet as all auncient authors by vniforme consent doe agree And Iohn Stow citeth foure that liued in K. Iohns dayes to wit Mathew Paris Roger VVyndouer Raph Niger and Raph Gogshall in their histories of that tyme. 66. Wherfore to conclude this Chapter of K. Henry the second and of his two sonnes wee see how firme they were all three in this beleife and acknowledgement of the Popes spirituall authority ouer all the world and no lesse ouer England in those dayes and how fully the same was in practise among them And that albeit in some cases causes wherin they receiued some distast they strugled sometimes about the particular execution therof indeauoring to mak some restraint especially when it seemed to strech indirectly also to temporall affaires yet did they neuer so much as once deny the said Ecclesiasticall supremacy to be in the Sea of Rome and much lesse did euer ascribe it to themselues which so cleerly ouerthroweth M. Attorneys position as I maruaile what he will say to these and like demonstrations 67. And for that his often repeated ground is that Queen Elizabeth had her supreame authority in cases Ecclesiasticall according to the auncient common lawes of England hitherto he graunteth that there was no Statute-lawes at all by Parlament vntill the ensuing King K. Henry the third And for other lawes we see heere what they were by the testimony of the Bishops Barons of England vnder the Charters both of 〈◊〉 K. Henry the first and other Kings vpward vnto K. Edward the Confessor to wit all in fauour of the Church her liberties â—â—nquises and priuiledges which liberties as other where I have noted and must often heerafter doe the same doe infer our conclusion of Ecclesiasticall and spirituall iurisdiction subordinate to the Sea of Rome and wholy distinct from temporall power and doe ouerthrow M. Attorneys assertion for the said spirituall 〈…〉 those liberties were as they were that 〈…〉 should haue iurisdiction in 〈…〉 ctions choise of Prelates of the 〈…〉 liberties are mentioned cited allowed◠〈…〉 by any King as you shall see they were by 〈…〉 them vnto K. Henry the 8. so often receiueâ—◠〈…〉 tion and his whole new books an open out 〈…〉 field And thus much of K. Iohn OF KING HENRY THE THIRD That vvas the eight King after the Conquestâ—â—â— And the first that left Statutes vvritten And vvhaâ— instances and arguments M. Attorney alleadgeth out of him for his purpose CHAP. X. HITHERTO haue we passed ouer six hundred 〈◊〉 since our first English king receâ—ued and therby put themselues vnder the of 〈…〉 Bishops depending therof for 〈◊〉 of their 〈◊〉 Which Spirituall 〈…〉 haue byn euer beleeued 〈…〉 both Kings and Subiect from the 〈…〉 their lawes and continued by su 〈…〉 Which as it hath byn
ipsum regem sententiam serret excommunicationis He would out of hand with all the Bishops there present pronounce the sentence of excommunication against the King himself Rex autem peris audicas humiliter respondit quod consilijs corum in omnibus obtemperaret c. And the pious King hearing this did answere humbly that he would in all things obay their counsailes And so he did and within few dayes after he sent away Peter Bishop of VVinchester from the Courte which was the cheife of the said strangers that most defended them and cast into prison another Peter surnamed De Rhicuallis that had byn Treasurer and diuers others So as heere also we see the spirituall authority of Clergie-men aboue the King not only in the Pope himself but also in the Bishops of England which otherwise were subiects to the said King in temporall affaires 38. Yea not only Bishops but other Prelates also of lesser degree haue exercised the same authority spirituall in England euen against the King when occasion was offered As for example when this K. Henry had vsed very familiarly intrinsecally one Raph Briton that had byn his Treasurer he after falling out with him banished him the Courte and soone after that againe the said Raph being a Clerke and liuing at his Chanonry of S. Pauls the Maior of London had commission to apprehend him and send him to the Tower as he did which Doctor Lusey Deane of Pauls vnderstāding called his Chanons togeather the Bishops of London being absent seeing the violence vsed to a Clergy-man did put the Church of S. Paul vnder Interdict pronoūced sentence of excommunication against the doers maintainers and fauourers of this vnlawfull act The King stood stiffe for a time saith our Author but at length Rex dictum Ranulphum licet inuitus solui in pace dimitti praecepit The King though against his will did commaund the said Raph to be remitted peaceably vnto the place whence he was taken 39. Now then these examples and many more which for breuityes sake I pretermit doe make another manner of proofe of Ecclesiastical soueraignty in Clergie-men then doth M. Attorneys poore inferēce about the sending for a certificate to the Bishops Court concerning matters to be tried therin as before you haue heard And by this also you may see and consider the difference of substance and substantiall dealing between vs. And so much to this first instance Now let vs examine the second The Attorney By the aūcient Canōs decrees of the Church of Rome the issue borne before solemnization of marriage is as lawfull inheritable marriage following as the issue borne after marriage But this was neuer allowed or appointed in England and therfore was neuer of any force heere And this appeareth by the Statute of Merton made in the 20. yeare of Henry the 3. where it is said to the Kings writ of bastardy Whether one being borne afore matrimony may inherit in like manner as he that is borne after matrimony All the Bishops answered that they would not nor could not answere to it because it was directly against the common order of the Church and all the Bishops instanted the Lords that they would consent that all such as were borne before matrimony should be legitimate as wel as they that be borne within matrimony to the succession of inheritance for so much as the Church accepteth such to be legitimate And all the Earles and Barons with one voice answered we will not change the lawes of England which hitherto haue byn vsed and approued The Catholike Deuine 40. This is the second instance of M. Attorney taken out of this raigne of K. Henry and we must imagine that proofes goe hard with him when to seeme to say somwhat he is driuen to bring forth such silly ware as this is For if all be graunted as it may be which heere is said what can he inferre therof but only that the Lords and Barons of the Parlament did not thinke good to alter or change the auncient laws or customes of the Realme about succession of their children by legitimation after matrimony contracted notwithstanding the Church of Rome in certaine cases did allow them for legitimate and lawfull in respect of taking holy orders enioying benefices and other like commodityes what I say doth this import M. Attorneys conclusion that K. Henry tooke vpon him supreme Ecclesiastical gouernmēt For that this was free for the Realme to admitt or not admit the said legitimation to the effect of lawfull succession and inheritance And so the Canons themselues doe expresly set downe 41. For better vnderstanding wherof wee must note that wheras by the auncient Ciuill-law great respect was had euer to children borne out of wedlocke if marriage afterward did ensue notwithstanding they held marriage but only for a Ciuill cōtract so afterward when Christian Emperours came to beare sway more indulgence and fauour was shewed therin as may appeer by the Constitutions both of Constantine the first Christian Emperour and Zeno that ensued him and more yet by Iustinian which do most fully in diuers places both of the Code and Nouell Constitutions explicate the same In conformity wherof the Canon-law also decreeth in this sorte Tanta est vis matrimonij vt qui anteà sunt geniti post contractum matrimonium legitimi habeantur So great is the force of matrimony held for a Sacrament among Christians as it maketh such to be legitimate after it is cōtracted who were illegitimate before But yet this is with some restrictions as for example that they must be borne ex soluto soluta that is to say both the father mother must be vnmarried at the time when the said children are begotten For if either of them were married at that time then this priuiledge holdeth not as appeareth in the same law 42. Secondly this legitimation by ensuing marriage is to bee vnderstood principallie as before hath said In spiritualibus To enable men to Ecclesiasticall promotions though in the Popes temporall dominions it may enable them also to temporall succession but not in the States and dominions of other Princes And this verie distinction or caution is set downe in like manner by the law it self and heervpon is resolued also in a case touching the King of England by Pope Alexander the 3. that albeit the Ecclesiasticall Iudge must determine of the lawfulnes of marriage it self yet the question of temporall succession or inheritance therevpon depending must bee decided by the Iudges of the temporall Courte Nos attendentes saith Pope Alexander to the Bishops of London and VVorcester quod ad Regem pertinet non ad Ecclesiam de talibus possessionibus iudicare Fraternitati vestrae mandamus quatenus Regi possessionis iudicium relinquentes de causa principali cognoscatis eamque terminetis Wee considering that it belongeth to the King of England and not to the Church to
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
he great difficultyes notwithstanding both therin and by domesticall conspiracyes not only the Lollards and VVickliffians but his owne nobility also kinred and cheife officers conspiring against him and seeking his ouerthrow And finally when he was in the very middest and heat of his wars and Conquest and his life and health most desired both by himself others he died with much affliction of mind in France leauing a little child of his owne name that was but eight moneths old to preserue and defend that which he had gotten but could not as the euent proued 4. This young infant then borne as it were a King of two so great Realmes and crowned in Paris it self which no other King of England euer was before or since drew out a longe raigne for almost forty yeres but intangled with many aduersityes and varietyes of fortune in which he lost first all his States of France not only such as his Father had gotteÌ„ by dint of sword but other likewise which his progenitors had inherited by lawfull succession of bloud and then by little and little leesing also at home his kinred trustie freinds that by Ciuill wars were cut of he lost at length his Kingdome being twise depriued therof and finally his life and progeny became a pittifull example of Princely misery and so this line of Lancaster entring by Gods designement as it seemeth to punish the sinnes of the former line of Edwards and Richard before mentioned and especially that as many thinke of their rough proceeding with the Church now were punished also themselues by another line of Yorke for continuing the said rigorous and preiudiciall lawes against the priuiledges and franquises therof which was written to K. Henry the 6. by Pope Martyn the 5. as Polidor noteth and he promised reformation therin but the thing depending of consent of Parlament was neuer effected nor that good motion put in execution 5. But yet that all these three Kings of the house of Lancaster were perfectly and zealously Catholicke no man can deny and infinite arguments are extant therof yea and of this point also in particular of their acknowledgment and reuerence of the soueraigne spiritual authority of the Bishop of Rome in the Church of Christ. And therfore King Henry the fourth considering the great hurtes and scandals that had ensued for many yeres togeather by schisme of Anti-Popes in the Sea Apostolicke was so carefull and diligent to procure and assist the Generall Councell indicted at Pisa in Italy for the extinguishing therof as not only he sent learned Prelates vpon his charges thither to help assist the said Councell as namely Robert Bishop of Salisbury and other learned men but wrote very pious letters also both to Gregory the 12. that was the true Pope and to all his Cardinals by a speciall Embassadge of his owne persuading the said Pope by diuers godly and prudent reasons to persist in his mind and promise of giuing ouer the Popedome as the other Anti-pope called Benedictus the 13. had in like manner promised Of which his letter to the said Pope he making mention in another to the foresaid Cardinals saith Cupientes ostendere quem zelum habuimus habemus vt pax detur Ecclesiae c. we desiring to shew what zeale we haue had and haue that peace be giuen to the Church we haue by consent of the States of our Kingdome sent our letters vnto his Holines c. 6. And when this Councell of Pisa tooke no great effect vntill fiue yeares after when in the tyme of his sonne K. Henry the 5. the generall Councell of Constance in Germany was appointed for the same effect the said sonne K. Henry the 5. following his Fathers piety heerin caused the Archbishop of Canterbury Henry Chychley to call â—â—â—â—t a Councell in England to choose fit English Prelates to be sent to that Councell and so were chosen not onlie the foresaid Bishop of Salysburie sent before to Pisa but Bath and Hereford also togeather with the Abbot of VVestminster Prior of VVorcester and other famous learned men to whom the King added for his Embassadour the Earle of VVarwycke to accompany them thither where the said schisme being extinguished by the deposition of three that pretended to be Popes and Martyn the 5. being established in that seate the whole Christian world was put in peace thereby 7. And for that in the same Councell the heresies of VVickcliffians and Lollards were especially condemned and anathematized the same decrees were presently admitted and put in execution in England by the zealous commaundement of the said K Henry the 5. though his father K. Henry the 4. and the whole State had preuented that decree by making temporall laws in confirmation of the Canonicall and Churches laws for the punishment of the said Lollards and VVickcliffians that denyed the Popes Supremacy and caused manie of them to bee burneed and so did K. Henrie the 6. also during all the time of his raigne whereby as by infinite other thinges that might bee alleadged their beleife and iudgment in that behalfe is sufficiently declared though in respect of some temporall inconueniences and the inclination of their people vpon former complaints they recalled not the said restraints laws or ordinances made by their progenitors wherof now we shall speake more particularly in answering the instances alleadged by M. Attorney our of their raignes Instances alleadged out of the Raigne of King Henry the fourth the thirtenth King after the Conquest §. I. The Attorney 8. It is resolued that the Popes Collectors though they haue the Popes Buls for that purpose haue no iurisdiction within this Realme and there the Archbishops and Bishops c. of this Realme are called the Kings spirituall Iudges The Catholicke Deuine It is to bee considered who resolued this and vpoÌ„ what ground for it maie bee there was some agreement taken between the Pope and the Realme in that behalfe concerning the Collectors authoritie as in other Catholicke Countreys also at this daie wee see there is Neither had the said Collector by his office anie ordinarie iurisdictioÌ„ but extraordinarie onlie by particular commission And commonly those collections were made cum beneplacito Principis with the good liking of the Prince where they are made Archbishops Bishops maie bee called the Kings spirituall Iudges for that they are his subiects as Peers and principall members of the Realme as before hath been declared and doe liue vnder his protection but not as though they receiued their spirituall authoritie or iurisdiction from him for then might he execute the same authoritie and iurisdictioÌ„ by others also which are no Bishops as by his Chauncellour and temporall Iudges giuing them the same iurisdiction which no man would affirme in that time as lawfull But let vs see his second Instance The Attorney 9. By the auncient lawes Ecclesiasticall of this Realme no man could be conuicted
now that this authority was no new thing or to vse his words not a Statute introductorie of a new but declaratorie of an old and that the same was conforme to the auncient laws of England acknowledged and practised by all her auncestors Kings of the same and that the difference of her sex as they had qualified the matter and couched their words did hinder nothing at all the acceptance of this authority shee was content to lett it passe admitt therof for the time though I haue beene most credibly informed by such as I cannot but beleiue therein considering also her forsaid sharpenes and pregnancie of witt that vpon diuers occasions especially for some yeares after the beginning of her raigne she would in a certaine manner of pleasantnes iest thereat herself saying Looke what a head of the Church they haue made mee 37. And to the end that no man may imagine that these things some other which heer I am to touch of the good dispositioÌ„ this deceased Princesse had of her self towards Catholicke religion at the beginning of her raigne and for diuers yeares after if she might haue been permitted to her owne inclination are fayned I doe affirme vpon my conscience in the sight of him that is author of all truth and seuere reuenger of all false-hood that nothing hereof is inuented or framed by mee but sincerely related vpon the vndoubted testimonies of such as reported the same out of their owne knowledge As for example that not longe before the death of Q. Marie a coÌ„mission being giuen to certaine of the priuie Counsell to goe and examine the said Ladie Elizabeth at her howse of Hat-field not far from London when other matters had been debated shee taking occasion to talke with one of them a part in a window said vnto him with great vehemencie of spirit and affliction of mynd as it seemed laying her hand vpon his Oh Syr and is it not possible that the Queen my sister will once bee persuaded that I am a good Catholicke Yes Madame quoth the Counsellor if your Grace bee so indeed God will moue her Maiestie to beleiue it Wherevpon the said Ladie both sware and protested vnto him that she did as sincerely beleiue the Roman Catholicke religion as anie Princesse could doe in the world in proofe thereof alleadged the order of her familie which was to heare masse euery daie and the most of them two one for the dead and the other for the liuing And this hath the said Counsellour oftentimes related vnto mee and others hee being a man of great grauity truth and sinceritie in his speeches 38. And coÌ„forme to this I haue seen a letter written in Spanish from the said howse of Hat-field vnto K. Philip then in Flaunders by the Count of Ferâ—â— afterward Duke and then Embassadour for the said King in England which letter was written vpon the 16. daie of Nouember in the yeare 1558. when Queen Marie being now extreme sicke and annealed out of all hope of life he went to visit the said Princesse Elizabeth from his Maister and relateth all the conference and speach he had with her and her answers to diuers points concerning her future gouernment with his opinion of the same both in matters of 〈◊〉 and religion concerning the latter wherof though hee discouered in her a great feeling and discontentment of certaine proceedings against her in her sisters time and therevpon did foreâ—â—some troubles like to ensue to some of them that had been in â—â—fe gouernment and namely to Cardinall Poole if he had liued 〈◊〉 wrtieth he that for the Principall points of Catholicke faith â—â—en in controuersie he was persuaded she would make no great â—â—teration and in particular he affirmeth that she protested vnto vnto him very sincerely that she beleiued the reall presence in the Sacrament after the words of consecration pronounced by the Priest 39. Which relation of this noble man is much consirmed by that which was written to the said Queene herself some six or seauen yeares after by Doctor Harding in his dedicatory epistle before the confutation of the English Apologie of the Church of England vpon the yeare 1565. wherin he commendeth her liking of her more sober preachers both allwayes heertofore saith he and specially on Good-friday last openly by words of thanks declared when one of a more temperate nature then the rest in his sermon before your maiesty confessed the Reall Presence So he And that this opinion and affection staied and perseuered with her euen vnto her old age by her owne confession I haue for witnes another Worshipfull knight yet aliue who vpon the truth of his conscience hath often protested vnto me that hauing occasion to walke talke with her and to discourse somewhat largely of forraine matters for that he was newly come froÌ„ beyond the seas in her garden at VVhitehall not aboue fiue or six yeres before her death relating vnto her among other things the iudgment and speaches of other Princes concerning her excellent partes of learning wisedome bewty affability variety of languages and the like but especially the speaches of certaine great Ladies to this effect vpon viewing of her picture the said knight seeing her to take much contentment therein and to demaund still greedily what more was said of her he thought good asking first pardon to ad the exception that was made by the said Ladies to wit how great pitty it was that so rare a Princesse should be stained with heresie wherat her Grace being much moued as it seemeth answered And doe they hold me for an heretick God knoweth what I am if they would let me alone and so auouched vnto him in particular that she beleiued the Reall presence in the Sacrament with other like protestations to that effect 40. And sundry yeares before this againe there being sent into England from France one Monsieur Lansacke of the French King Counsell that was Steward in like manner of the Queen-mothers houshould as before hath byn meÌ„tioned he was wont to recount testifie after his returne with great asseueration that hauing had confident speach with the Queen of England about matters of religion she told him plainely that which before we touched about her spirituall Supremacy to wit that she knew well inough that it belonged not to her but to S. Peter and his Successours but that the people and Parlament had layed it vpon her and would needs haue her to take and beare it Adding moreouer her Catholicke opinion about other points in controuersie also and namely about Praying to Saints affirming that euery day she prayed herself to our Blessed Lady And so far forth had she persuaded this to be true to this French Counsellour as he did not only beleiue it and reporte it againe with great confidence but was wont to be angry also with such as should seeme to make doubt of the truth therof among whome for
also calumnious what shall wee saie of M. Attorney in this behalfe that presumeth so confidentlie to put such open vntruths in print 4. First then for the former point not onlie many Catholicks in the first eleuen yeares by him prescribed did refuse publikely to come to the Protestants Church but many Puritans also from the verie first entrance of Queen Elizabeth to her Crowne and so is it testified by publike authoritie of diuers books set forth by order and approbation of the Bishops of England themselues these years past against the said Puritans recounting the beginning ofspring and progresse of that Sect and faction one of them wriâ—â—ng thus Vpon the returne of Goodman VVhittingham Gylby with â—he rest of their associates from Geneua to England although it greiued them at the heart that they might not beare as great a â—way heer in their seuerall Consistories as Caluyn did it Geneua c. yet medled not they much in shew with matters of this discipline but rather busied themselues about the apparrell of ministers ceremonies prescribed and in picking of quarrells against the Communion booke c. Thus writeth hee of the first Geneâ—ian English preachers that returned from thence to England after the Queens raigne and that for these quarrels against the Common and Communion-booke they refused to come to the Protestants Church in those daies as much as Catholikes it is euident But yet you shall heare it affirmed plainly and distinctly out of the same Author quite opposite to M. Attorneys asseveration though hee bee of his religion if yet he haue made his choise 5. For the first ten or eleuen yeares of her Maiestyes raigne saith hee through the peeuish frowardnes the outcries exclamations of those that came home from Geneua against the garments prescribed to ministers and other such like matters no man of anie experience is ignorant what great contentioâ— and strife was raised in so much as their Sectaries deuided themselues from their ordinarie coÌ„gregations meeting togeather in priuate howses in woods and fields had and kept there their disorderly and vnlawfull Conuenticles which assemblees notwithstanding the absurdnes of them in a Church reformed M. Cart-wright within a while after tooke vpon him in a sorte to defend c. So hee And thus much for Puritanes whome if M. Attorney will graunt to bee of anie perswasion what soeuer in Christian religion he then must needs graunt also that hee was much oâ—ershott in this his first so generall a Proposition affirming that none of what persuasion soeuer did at anie time refuse within that compasse to goe to Church But lett vs see how wee can ouerthrow the same in like manner concerning Catholickes of whom principally hee meant it 6. Hee that shall but cast backe the eye of his memorie vpon the beginning of Queen Elizabeths raigne and shall consider how many Archbishops Bishops Deans Archdeacons Heads of Colledges Chanons Priests Schollers Religious persons of diuers sortes and sexes Gentle-men Gentle-weomen and others did refufe openly to conforme themselues to that new change of Religion then made and published by authority of the said Queen at the beginning of her raigne will maruaile how and in what sense and whether in iest or earnest sleeping or waking M. Attorney set downe in writing so generall a negatiue assertion For that he shall see so many conuictions therof as there be particular witnesses of credit against him in that behalfe And truly it seemeth that either he was an infant or vnborne at that time and hath vnderstood little of those affaires since or els forgot himself much now in affirming so resolutely a proposition refutable by so infinite testimonyes 7. For if he looke but vpon Doctor Sanders Monarchy in latin in his 7. booke where he handleth the matters that fell out vpon the first change of religion in Queen Elizabeths dayes he shall find 14. Bishops at least of England only besides ten more of Ireland and Scotland togeather with Doctor Fecknam Abbot of VVestminster Father Maurice Chasey and VVilson Priors of the Carthusians 13. Deans of Cathedrall churches 14. Archdeacons 15. heads of Colledges almost 50. Chanons of Cathedrall churches aboue eightscore other Priests wherof diuers were Doctors or Bachlers of diuinity Ciuill and Canon-law depriued from their liuings and offering themselues either to voluntary banishment abroad or to imprisonment and disgrace at home for maintenance of Catholicke religion to omit all the rest of the lay sort both of the Nobility Gentry and others that stood openly to the defence of the same Religion All which did refuse to goe to the Protestant-seruice euen in those first dayes which is testimony inough to conuince the open and notorious falsity of M. Attorneys assertion that no person of what persuasion soeuer in Christian religion did at any time refuse to goe to Church though I deny not but that many other besides these throughout the Realme though otherwise Catholickes in heart as most then were did at that tyme and after as also now either vpon feare or lacke of better instruction or both repaire to Protestant-Churches the case being then not so fully discussed by learned men as after it was whether a man with good conscience may goe to the Church and seruice of a different Religion from his owne which releiueth little M. Attorneys affirmation And so this shall suffice for the first point 8. In the second point being no lesse notoriously vntrue then the first he offereth the said Catholickes much more iniury in affirming that vpon this occasion of the Bul of Pius quintus against Q. Elizabeth they first refused to goe to the Church as not holding her for true and lawfull Queene insinuating therby another consequence also much more false and malicious then this to wit that the same may be said and vnderstood of Recusant Catholickes at this day in respect of his Maiesty that now is But the vntruth of this assertion is most manifest both by that we haue shewed before that great multitudes of Catholickes refused euen from the beginning to goe to Protestant-Churches though then the matter was not much vrged against them as also by this other reason for that their holding the Queene for true or vnlawfull was and is impertinent to the matter of going to Church Nay their holding her for not Queen if any so did did rather disoblige then oblige them to this recusancy 9. The reason heerof is for that one principall cause binding them in conscience not to goe to the seruice of a different or opposite religion to their owne was the precept and commaundement giuen by the said Queene that all should repaire to the said seruice to shew their conformity c. For that the obeying of this precept in matters of religioÌ„ they offering themselues otherwise to goe to any Church for temporall matters was a kind of publike denying their owne faith As for example if in Persia at this day or other
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
that fal out much lesse authors of the same for their silence or not reuealing as in this case of the Iesuits you labour to inferre 15. But in truth Sir it seemeth that you attended more to the art of Oratory then to the coherence of Truth in that your speach for that presentlie after your former vvordes you added these for the beginning of your declamatioÌ„ In this discourse I will speake saie you of no other circumstances but of treason and of no other treasons but the Iesuits treaâ—ons of no other Iesuits treasons but such as shal parâ—iculerly concerne this prisoner VVherin notvvithâ—taÌ„ding verie soone after contradicting your self you brought in a long discourse of the antiquity â—nd inuisibilitie of your Church as also of Equiâ—ocation and manie other things vvhich are no â—ircumstances of treason You handled also of â—he Northerne Earles Excommunication of the Queeene and diuers other such things as hapâ—ened before the Iesuits came into England and â—onsequentlie could be no Iesuits treasons And vvhen you come to treat of the prisoner himâ—elf and to proue him a traitor you begin vvith â— Statute set forth in the 23. yeare of the late Queenes raigne vvhich made all Iesuits and other Pristes traitors that came into England or remained in the same and consequentlie concerned not the prisoner in such speciall maÌ„ner as you vvould seeme to promise or if it did yet manie other things you bring in and handle as that of Lopus the Ievv VVilliams York Squier Colen partlie Protestants and partliâ— Catholickes vvho vvhatsoeuer their causes vvere vvherof somvvhat shal be spoken after yet touched they nothing at all that prisoner vvho yet neuer dealt vvith them nor euer vvas accused concerning them VVherevpon is inferred that no one of your three-fold members before mentioned vvas performed by you to vvit that you would speake of no other circumstances but of treason and of no other treasons but of Iesuits treasons of no other Iesuits treasons but such as should particulerly concerne the prisoner at the barre 16. But this defect I suppose that all your auditorie did not obserue by reason of the multitude of other tumultuary matters dravvne in by you against the said prisoner but yet your Rhetoricke in amplifying one point about the first lavv alleadged against the comming in of Priests and Iesuitts vvas so markeable as no man I thinke vvas so dull as did not obserue it and beare it avvay To vvit that vvhereas the said lavv did forbid all Priests vnder paine of death and treason not to come into England or execute anie parte of their priestlie function vvithin the Realme as to preach teach offer sacrifice heare Confessions absolue from sinnes reconcile to God and to the vnion of his Catholicke Church dissuade from sects and heresies and other like offices you in commendation of that lavv protested to proue it to be the most myldest law the sweetest law the law most full of mercy and pitty that euer was enacted by any Prince so iniuriously prouoked And you added in the heat of your eloquence that if you proued â—ot this then let the vvorld saie That Garnet is an honest man VVhich vvas a vvarraÌ„t to al the hearers up hold him for such for so much as no man vvas there so simple but savv it impossible for you to â—roue that assertion and consequentlie that in all their hearings you canonized his honesty â—â— For hovv did you go about to proue M. Attorâ—â—y that this lavv was so myld so ful of pitty lenity â—or sooth for that you saie the meaning was by keeâ—ing Priests of and expelling those that were within to â—â—are their bloud though if they retyred not to spill it â—magine that then if in Queene Maryes dayes for â—xample such a lavv had byn made against Proteâ—tant-Ministers that came from Geneua and other â—laces of Germany vvould you M. Attorney haue â—eemed that lavv a gentle law a sweet myld law a â—aw ful of mercy pitty clemeÌ„cy I presume you dare â—ot saie it But let vs vse an other example of much â—ore moment If in the Apostles time such a lavv â—ad byn made by anie King or Emperour of conâ—rarie religion to them that if anie of the said Apostles or Priests for so they vvere should enter â—nto their dominions to preach a contrarie doâ—trine to the religion there receaued and establisâ—ed and to exercise anie of their Apostolicall or Priestlie functions it should be treason and paine of death could this be called a myld law a sweet lavv a lavv ful of pitty compassion a lavv made for not spilling their bloud or vvould or could the Apostles or their follovvers haue obeyed this lavv or did they obey the Gouernours of the Ievves othervvise their lavvfull Superiours vvhen they coÌ„manded them to preach no more in the name of Christ or to disperse Christian doctrine vvhich they called seditious or to reconcile anie to Christian religion vvhich they held for treason or did they flie though Princes Emperours aftervvardes by publicke Edicts did commaund them out of their dominions or is there not another bloud to be respected called by the Prophet the bloud of the soule vvhereof the Pastor shall be guiltie if he flie for feare or forsake his flocke in time of daunger and persecution is not all this so or can it be denyed or haue not English Priests the same obligation of conscience to help their CouÌ„trey and countrymen in spirituall necessities as had the Apostles and Apostolicke men to strangers for vvhose helpe yet they vvere content to offer their liues and incurre anie daunger vvhatsoeuer VVherefore M. Attorney to speake a truth if you deale vvith men of vnderstanding it is but fond and if of Christian courage it is but trifling eloquence all that in this point you haue vsed about the myldnes svveetnes mercy and compassion of this cruell and bloudy lavv of Queene Elizabeth Children maie be delighted and deâ—uded vvith such bables but vvise-men doe laugh at them 18. Concerning the other heads of doctrine vvhich pleased you to handle in this arraignemeÌ„t â—t the barre vvith no small ostentation of vvorâ—es as being in your ovvne Center namelie Of the Antiquity of your Church Equiuocation and some â—ther such points as they vvere not much ad rem in that assemblie busines so could your friends â—aue vvished that either you had omitted them alâ—ogeather or handled them more substantiallie or as for Equiuocation or mentall reseruation of a â—â—ne sense in a doubtful speach it seemeth plainlie â—â—at you vnderstaÌ„d not the QuestioÌ„ nor the meaâ—ing vvhich both ancient and moderne learned â—en haue in holding that true and necessarie â—octrine no marueile for tâ—at it hath not byn I â—â—inke your educatioÌ„ to be troubled much vvith scrupulositie of vvordes to vvit vvhat sense maie â—e held therin vvithout sinne vvhat not the â—â—amen of vvhich matters belong to more tender â— timerous coÌ„sciences then Kings
Attorneyes coÌ„â—onlie are presumed to haue vvho must speake â—o the purpose hovvsoeuer it be to the truth And â—â— it vvell appeared in that arraignment vvherof â—e novv treat but intend to proceed no further â—â—erein for that the prisoner himself ansvvered this point sufficientlie at the barre as also to the Lordes before in the tovver and a more large discourse maie be made therof hereafter if neede shall require 19. As for your other article about the Antiquity and continuance of your Church a man maie easily see that you sought an occasion to bring it in by making an obiection on the behalfe of Iesuitts against the same and thereby to shevv your skill in ansvvering They hold their religion saie you to be the old Religion where ours is the new confyned to England where on the contrary side their Religion is vniuersall and embraced in the greatest part of this Christian worlde And thus for the maintenance of their rotten Religion doe they seeke to disgrace and blemish our Ghospell But good syr if your ghospell be that of the foure Euangelistes novv receaued vve pretend that it is as much our ghospell as yours and more also for that you receaued it from vs and vpon our Churches credit and for that you call rotten Religion if euer it vvere Religion then neuer can it rott except you put no difference betvvene apples and religion But let vs heare hovv you vvill ansvvere this obiection in your ovvne vvordes as they came set dovvne vnto me from your ovvne mouth 20. But to this saie you I will answere that if our Ghospell be as ancient as Luther it is more ancient then the Iesuitts are though not I trovv then Iesuitts religion albeit it be not conteyned in these narrow limitts of place nor bands of time which they feignedly imagine hauing byn euer since the time of Christ and his Apostles For we doe not deny but that Rome was the mother-Church and had thirty two virginall martyrs of her Popes a-row so continued til in succeeding ages it brought in a masse of errors and idle ceremonyes But you will aske perhaps where our Church lurked before Luthers coming for some hundreds of yeares But I say it makes no great matter where it was so that I â—m certaine it was for as a wedge of gold if it be dissolâ—ed and mixed with a masse of brasse tinne and other metalls doth not loose his nature but remaineth gold still although we cannot determine in what part of the masse it is conteined but the touch-stone will fynde it out so though our Church hath euer byn since Christes time in the vvorld yet being mixed and couered vvith innouaâ—ons and errours vve cannot tell in vvhat part it vvas And I dare say that it is novv more extended then theirs â— for vve haue all England all Scotland all Germany al Denmarke a great part of France al Poland some part of Italie These are your vvordes if the Relators haue byn exact in setting them dovvne as they saie they haue byn And then is there â—o maruaile though you impugne so much the doctrine of scrupulous reseruation of true sense in ambiguous speeches vvhereas so manifestlie you ouer-lash in all those periods vvhich heere you haue layed before vs. 21. But to the matter it self about the Antiquity Continuance Succession Visibility and Assurance of the Church vvhereas you graunt that the Roman Church vvas the true mother-Church from the beginning and had two and thirty virginall martyrs for so you call them for her Popes one after the other vvithout interposition of anie one Bishop that vvas not martyr for more then the space of three hundred yeares you graunt vs so much in this assertion if it be vvel considered as it vvill be hard for you to take it from vs againe aftervvard in your sequent negation vvhich I shal shevv you brieflie by tvvo conuincing Arguments the one Theologicall the other Morall 22. The first is that if the Church of Rome vvas the true mother-Church of Christ and Christian religion for so great a space as you assigne then no doubt vvere all the predictions and promises of Prophets for the greatnes eminency honour certeyntie florishing perpetuitie of the said Christian Church fulfilled in her Christes peculier promises in like manner that he would be vvith her to the end of the vvorld that the holy ghost should lead her into all truth that hell-gates vvhich properlie signify errours and heresies should neuer preuaile against her that she should be the piller and foundation of truth all men bound to obey and beleeue her vvas â—eant also performed in this Roman-Church for three hundred yeares and more and promised â—â— be performed to the end of the vvorld vvherof â—â—sueth that either God is not able to performe what he promiseth for of his vvill there can be no doubt seing he hath promised or else it cannot vvithout impiety be conceaued and much â—â—se beleeued that this Roman-mother-Church so â—â—anted in the beginning by Christ and his Apoâ—â—es bloud and so vvatered for three hundred yeares togeather by the bloud of all her Bishops â—â— spread ouer the vvorld as S. Paul of his ovvne time testifyeth that her faith religion vvas and aftervvard all Ecclesiasticall histories vvithin the time prescribed after doe declare that all other Churches commonly at least-vvise of the vvest-world vvere her daughters by foundation our â—reat-Britany among the rest it is impossible I say to imagine vvith piety hovv this Queene of the vvorld hovv this florishing Church hovv this golden vvedge to vse your ovvne similitude should so be dissolued mingled vvith brasse tinne copper other such contemptible mettalls vvhich you cal Errours innouations as that her Religion should become rotten according to your phrase her self in steed of being the true kingdome inheritaÌ„ce spouse of Christ become his enemy his aduersary an aduovvtresse and the verie povver of Sathan himself against him as you M. Attorney doe make her 23 Hovv I praie you can this be thought by vvhat reason or probability maie it be imagined vvhen hovv by vvhat meanes might this metamorphosis be made The very next age after the forsaid Martyr-Popesliued S. Augustine vvho reciting the said Popes and their Successors vnto his daieâ— called them all holy vvithout distinction and by their lineal succession in the said Church of Rome did persuade himself to haue demonstrated the truth of all Catholicke Religion as vvell in Africa vvhere he vvas as throughout the vvhole vvorld against all heretickes 24. And after him againe liued in the same Sea as Bishops thereof S. Leo and S. Gregory both of them surnamed Great in respect of their great sanctitie great learning and famous acts and vvith them and after them concurred and suceeeded in other Christian Churches of the vvorld as Fathers and Doctors S. Maximus S. Prosper Vincentius Lyrinensis S. Gregory of Tovvers S. Fulgentius S.
Queenes priuie Counsell and vvhether they vvere true or false yet touched they not Fa Garnet vvho neuer had acquaintance or treaty vvith them 36. And vvhereas you saie that he came into England with purpose to prepare the way against the great compounded nauy that followed in the yeare 1588. It is euident that his comming into England vvas tvvo yeares and a halfe at the least before the saied time vvhen there vvas neither notice nor speach nor perhapps so much as a thought of that nauie to come and vvhen aftervvard it appeared on our seas it had not so much as one English Priest or Iesuit in all that multitude of men vvhich is like it vvould haue had if M. Henry Garnet and M. Robert South-well that came in togeather had byn sent to prepare the vvaie for the same Your combinations also of bookes and attemptes the one allwaies as you saie accompanying the other though you esteemed it perhaps a vvittie fine deuise and probable to the vnlearned hearers that cannot distinguish of times or things yet others that looked into the matter more iudiciouslie and found neither coherence of time or subiect betvveene the booke by you named and the attempts pretended laughed in their sleeues remembring the saying of the Poet Non sat commodè diuisa sunt temporibus tibi Daue haec I vvill reapeat your vvordes of one onlie comparison and thereof let the rest be iudged Then cometh forth Squiar saie you with his plot of treason but this not alone neither but was accompanyed with another pernicious booke written by Dolman vvhich vvordes importe that Dolmans booke did accompanie Squiars treason but he that shall examine the order of Chronologie shal fynde in this matter that Dolmans booke vvas in print foure yeares at least before Squiars treason if he committed treason vvas euer heard of nor hath the argument of the booke anie more affinitie at all vvith Squiars fact then hath a fox vvith a figg tree but onlie that your floating Chimeraes intoxicating to vse your ovvne vvordes your hearers braynes doe make you seeme to speake oftentimes mysticallie vvhen in deede you speake miserablie 37. Yovv remember I thinke hovv the aforesaid gentleman in his booke for others doe not forget it gaue you a friendlie reprehension by the vvordes of the famous Orator Catulus or rather of Cicero in his name for a ridiculous fact of yours in vveeping and shedding manie teares in follovving the fiction of Squiars conspiracie at the barre therebie to vvynne credit and shevv your self admirable at that time to the Earle of Essex and others in authoritie but novv I am to expostulate vvith you vpon this occasion for another no lesse patheticall excesse vttered in pleading against M. Garnet vvherein not so much your teares did run as your haires did stand and stare and your eares glovv to heare blasphemie vttered by him in a certaine letter of his intercepted VVherein saie you was conteyned one of the most horrible blasphemyes that euer I heard proceed from any Atheist and maketh my haire to stand on end to thinke of it So you saie 38. And vvhat vvas this horrible blasphemie good Syr that put your tender and religious hart in such a pittifull plight and horror It follovveth that he had written with the iuyce of a lemmō to his friendes abroad out of the tower that he had byn often examined but nothing was produced against him but yet necesse est vt vnus homo moriatur pro populo So you alleadged the text and added presentlie See how he assumeth most blasphemously to himself the wordes that were spoken of Christ our Sauiour but I hope ere he dy he will repent him of this blasphemy 39. But good Syr did you looke vpon the place of S. Iohns gospell before you recited the same and plaied this pageant in so solemne an essemblie Yf you did then vvill you fynd that these vvordes vvere spoken by an euill man vnto an euill sense in his ovvne meaning to vvit by Caiphas that persuaded first in a Councell gathered vpon the resuscitation of Lazarus to put Christ to death thereby to content the Romanes vvho had the vvhole Ievvish nation in iealosie of their loyaltie tovvardes the Emperour and that novv by putting one to death that vvas accused though falslie to denie tribute to be paied to Cesar they should cleere their credit vvith the said Emperour and by his onlie death preuent the destruction of the said Ievvish people by the Romane armies and therefore he said Expedit nobis vt vnus homo moriatur pro populo non totagens pereat It is expedient for vs that one man dy for the people to the end the vvhole nation be not destroied And therefore he saieth not necesse est as you cite the vvordes but expedit to shevv his politicall drift therein 40. And this being Caiphas his crastie and vvicked counsaile and his vvordes in his sense bearing this meaning the holie ghost vvhich as S. Chrysostome and other holie Fathers doe affirme ostantum non scelestum eius cor attigit moued his tongue and not his vvicked mind and vvas in his vvordes not in his sense made him vnvvittinglie to vtter a prophesie and a great high misterie that except one man to vvit Christ should die for the sinnes of the people none could be saued Novv then Syr this sentence of Caiphas hauing tvvo meanings and senses as you haue heard let vs examine vvhich vvas most probable to be vsed and alluded vnto by M. Garnet vvho gathering by manie coniectures that you and some other of his good friendes had a great desire to bring the Iesuitts vvithin the compasse of this late odious treason or at least-vvise vvithin the suspition or hatred thereof for that the lay-gentlmen partakers of the fact vvere thought to be deuoted tovvardes them and their Order and seing that God vnexpectedlie had deliuered him into your handes he might verie vvell thinke that he at least should paie for the rest and die also of likeli-hood for disgracing the rest and in that sense alluded to the vvordes of Caiphas tending to like policie 41. But novv for the second sense vvhich particularlie designed the death of Christ our Sauiour for the redemption of man-kinde none I thinke is so simple as vvould imagine M. Garnet to applie to himself though in this point also M. Attorney is to be taught out of true diuinitie that diuerse places vttered litterallie of Christ in holie scripture maie secondarily also by allusion be applied vnto men and this vvithout all horror of blasphemie or imputation of Atheisme vvhich are M. Attorneyes passionate accusations in this place As for example vvhere the Prophet vvriteth of him Et cum iniquis reputatus est he vvas esteemed vvith the vvicked vvhich vvas meant immediatlie and principallie by the holie-ghost of Christ and yet by allusion it maie be applied to anie of his seruants And that
by me ansvvered For as for the other parte concerning treason and the vvhole Act of the late arraignement about the same I haue of purpose forborne to speake as vvell for that it is a matter not appertayning to my facultie as also in regarde of the devv respect I beare both vnto the lavves and customes of my countrie my Princes person and the honour of that great assemblie in all vvhich I haue nothing to complaine of all hauing passed by order but onlie of your extrauagant excursions to confoūd religion and treason togeather nay to make religion the fountaine of treason and therby to inuolue vvithin the hatred of treason all those that by conscience are tyed to that religion be they neuer so innocent than vvhich there can be no greater iniquitie imagined 49. VVith M. Garnets particular cause I vvill not meddle in this place he is gone to his last Iudge before vvhome also you and others that haue had parte in the handling therof must finallie appeare to see confirmed or reuersed vvhatsoeuer hath passed in that affaire As for that vvhich you others so often vrged against him to confesse that he vvas lavvfullie condemned by the tēporal lavv of the land importeth little for the impayring of his innocencie before almighty God You knovv vvho said in a farre vveightier cause concerning the tryal of our Sauiour himself VVe haue a law and according to this law he ought to dy for that he hath made himselfe the sonne of God and their error vvas not so much in the obiect as in the subiect for as for the lavv it self vve fynd it in Leuiticus that blasphemie vvhereof the highest degree vvas for a man to make himself God vvas punishable by death but the subiect to vvit the person of our Sauiour vvas mistaken they esteeming him to be onlie man vvhereas they ought to haue knovvne that he vvas God and man as vvell in respect of the predictions of al the Prophets foretelling that Christ should be the sonne of God as also of his stupendious actions that proued him to be trulie Christ so as though the lavv alleadged by the Ievves against blasphemie blasphemers vvere true and in force of it self yet held it not in the person of Christ but vvas in the highest degree iniurious as all Christian-men must confesse 50. Let vs see then hovv from this case of the maister some light may be dravvne to that of his scholler and seruant You M. Attorney pleaded against him as the Ievves Attorneyes did against our Sauiour and said Nos legem habemus c. vve haue a lavv that vvhosoeuer reuealeth not treason by such a space shall be accessarie of treason and dy as a traytor nor do vve deny the lavv or complaine thereof but yet if this case vvere pleaded in a forrayne Catholicke countrie vvhere the prisoner also shoulde haue his Attorney allovved him he vvould saie on the other side Nos legem habemus superiorem Ecclesiasticam Diuino iure intentam qua sacerdos neque mori neque puniri debet ob proditionem sub confessionis figillo cognitam non reuelatam vve haue a contrarie lavv to vvit an Ecclesiasticall and spirituall lavv higher then your temporall and a lavv founded on the lavv of God vvhereby it is ordeyned that a Priest shal neither dy nor be punished nor be accompted traytor for treason discouered vnto him vnder the seale of confession and not by him reuealed nay he shal be punished that most grieuouslie if he doe for anie cause reueale the same 51. And this plea of the prisoners Attorney vvhich by Catholicke doctrine and schooles is easilie proued in all the partes or members heere set dovvne vvould presentlie haue bene admitted in all Catholicke Countries and Courtes and in ours also vvhiles our Kings and people vvere of that religion and your temporall lavv vvould haue byn put to silence Oh you vvill saie but novv it is othervvise and vve care not for your Ecclesiasticall lavv VVherevnto I ansvvere Veritas autem Domini manet in aeternum If this lavv be foūded in Gods truth vvas left vnto his Church by Christ himself the fountaine of al truth for the honour and defence of his Sacrament of Confessiō as al ancient diuinitie doth affirme then must it for euer endure immutable and novv and then heere and there this countrie and that countrie this and that alteration of religion or Princes temporall lavves must not alter the case or substance of truth either in Gods sight or vvise mens eyes and so M. Garnets case dying for this truth in England novv is no vvorse then if he had dyed a thousand yeares gone for the same either in England or any other Cath. countrey that is to say he dying only for the bare cōcealing of that vvhich by Gods and the Churches Ecclesiastical lavvs he could not disclose giuing no cōsent or cooperation to the treasō it self should haue byn accōpted rather a martyr then a traytor no lesse novv 52. VVhich being so cōsider I besech you M. Attorney vvhat a different reckoning there is like to be betvveene you tvvo at your next meeting in iudgement you knovv somvvhat by experience hovv dreadful a thing the forme of publicke iudgement is but not so much as some others for that hitherto it hath byn stil your lot to be actor not reus predominant both in vvordes povver and consequently terrible nothing terrifyed but vvhen the time and case shal come vvherof the holie-ghost foretelleth vs Stabunt iusti in magna constantia aduersus eos qui se angustiauerunt Iust men that vvere ouerborne in this vvorld shal stand vp boldly vvith great constancy against those that ouerbare them and vvhen the saying of our Sauiour shal be fulfilled that euery man shal receaue be treated according to the measure wherby he hath measured to others then vvil be the day of woe neither doe I say this M Attorney to condemne your office I knovv that in all tymes vnder all Princes your office of Fiscal-Aduocate or Attorney hath byn in vse for the Princes seruice and good also of the Common-vvealth if it be vvell and moderatelie vsed but yet I cannot but friendlie put you in mind of that vvhich holie S. Gregory doth admonish vvhere he handleth the cause and reasons vvhy S. Peter S. Andrew S. Iames and S. Iohn retourned to their art of fishing after the Resurrection of our Sauiour but not S. Matthew to his Custom-hovvse to vvit that certaine artes and occupations there are more dangerous farre the one then the other as more subiect and incident to greater sinnes 53. In vvhich kinde trulie Sir if any office in the vvorld be daungerous in deed yours may be accompted in the highest degree that hath euery day almost his finger in bloud or in particular mens afflictions and ouerthrovves And albeit the act of iustice be laudable necessarie yet the Actor
oftentimes runneth no small daunger of his soule through the passions of anger hatred reuēge vain-glorie couetuousnes appetite of honour and the like affections of mynd vvhich peruert iustice and vvherof most strait accompt must aftervvard be rendred for the same 54. And if in any part of the vvorld this Fiscall office and authority be full of perill much more in England vvhere his povver is much more absolute then in any other countrey vvhatsoeuer For that in other Realmes the defendant for his life hath other Attorneyes and learned counsell allovved him as hath bene said but in England all is committed in a certayne sort to the Kings Attorney onlie vvhere the matter any vvay concerneth the Princes interest and albeit he be svvorne to be equall and indifferent betvvene the Prince and his subiect especiallie in matters of life and death yet doe all men see hovv that is obserued the Attorney thinking it his greatest honour to ouerthrovv any man that commeth in his vvay by all manner of opprobrious proceeding by scoffs iestes exprobrations vrging of odious circumstances tales inuentions cōparisons rhetoricall exaggerations the like vvhich seemed in old time so vnciuill and inhumane against men in misery that diuers States and Cōmon-vvealthes though Pagan and Gentile did forbid them to be vsed by the Actor notvvithstanding the lavv allovved them a defender and tvvice as much time for the defence as the Actor had for his accusation 55. All vvhich points of ayd and comfort doe faile in our English tryall of life and death and one more besides of singular importance vvhich is that the Iury commonlie is of vnlearned men and therby easilie either deceaued by crafty and coloured arguments of the accuser not hauing time to examine or iudgement to discerne them or led by false affectiōs or terrifyed by force of authoritie vvhich in graue learned Iudges vvere not so much to be feared And by this may M. Attorney acknovvledg vvith me some part of the danger of his office vvho by one onlie vvorde looke signe or action may oftentimes preiudice the bloud of the prisoners that stande at the barre much more by so many exaggerations reproaches and insolencies vsed against them VVho remembreth not that late hateful exprobration to the vnfortunate Earle to vvhome it vvas obiected at the barre that he thought to be the first King Robert and novv he vvas like to be the last Earle of that name and hovvse And the other yet more bitter vnto his Secretary Cuff that you vvould giue him at length such a cuff as should make his head to reele against the gallovves these things to men in misery are great encreasmētes no doubt of their calamityes and so much the more by hovv much they tasted of insolency neuer allovved of by vvise and moderate men tovvardes those that be in affliction or distresse And thus vvill I end this my first speach vvith you referring my self for the rest to that vvhich ensueth throughout this vvhole Answere Cath. Deuine A TABLE Of the particular Contentes Chapters and Paragraphes of this ensuing Treatise THe Preface to the Reader conteining the weight and importance of this our Controuersy wherby may be resolued whatsoeuer is in question betwene men of different Religions at this day in England The Answere to the Preface of Syr Edward Cooke the Kings Attorney Generall about Errour Ignorance and Truth and way to try the same Chap. I. pag. 1. The state of the Question in generall concerning Spirituall and Temporall Power and Iurisdiction their origen and subordination one to the other And how they stand togeather in a Christian Common-wealth Chap. II. pag. 23. The second part of this Chapter about the subordination of these two Powers the one to the other different greatnesse of them both § 1. pag. 32. The third Part of this Chapter shewing how these two Powers and Iurisdictions may stand well togeather in agreement peace and vnion § 2. pag. 40. The particular state of the controuersy with M. Attorney concerning the late Queenes Ecclesiasticall Power by the auncient lawes of England deduced out of the case of one Robert Caudery Clerke Chap. III. pag. 47. The second part of this Chapter with a more cleere explication of the Question § 1. pag. 57. VVheras in the case proposed there may be two kinds of Proofes the one De Iure the other De Facto M. Attorney is shewed to haue failed in them both And that we doe euidently demonstrate in the one and in the other And first in that De Iure Chap. IIII. pag. 63. The second Part of this Chapter wherin is shewed that Queene Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction § 1. pag. 74. Of the second sort of Proofes named De Facto wherto M. Attorney betaketh himselfe alleadging certaine instances therin And first out of the Kinges before the Conquest Chap. V. pag. 92. How the Attorney not being able to proue his affirmatiue Proposition of English Kinges Iurisdiction Ecclesiasticall before the Conquest we doe ex abundanti prooue the negatiue by ten seuerall sortes of most euident demonstrations that there was no such thinge in that tyme but the quite contrary Chap. VI. pag. 103. The first Demonstration of the lawes made by ancient Kinges before the Conquest § 1. pag. 105. The second Demonstration That the first Ecclesiasticall lawes in our Countrey came not from Kings but from Prelates § 2. pag. 108. The thid Demonstration That all Ecclesiasticall weighty matters were referred by our Kings and people to the Sea of Rome § 3. pag. 113. The fourh Demonstration That Confirmations Priuiledges Franquizes of Churches Monasteries Hospitalles c. were graunted by the Pope § 4. pag. 124. The fifth Demonstration That Appeales and Complaints were made to the forsaid Sea of Rome about Cōtrouersies that fel out in Englād § 5. pag. 131. The six Demonstration Of the Kinges and Archbishops that liued togeather in our Countrey before the Conquest and what lawes they were like to make § 6. pag. 139. The seauenth demonstration Of the concourse of our Kinges of England with other Princes and Catholike people abroad § 7. pag◠141. The eight demonstration Of the making tributary to the Sea of Rome the Kingdome of England § 8. pag. 142. The nynth demonstration Of the going of diuers Kinges and Princes of England to Rome for deuotion to that Sea § 9. pag. 147. The tenth demonstration Of the assertions and asseuerations of diuers Kinges of England for preheminence of spirituall Power VVith a Conclusion vpon the former demonstrations § 10. pag. 151. Of the Kinges after the Conquest vnto our times And first of the Conquerour himselfe whether he tooke spirituall Iurisdiction vpon him or no by vertue of his Crowne and temporall authority Chap. VII pag. 155. Reasons that shew William the Conquerour to haue acknowledged euer the authority of the Sea Apostolicke § 1. pag. 160. Of King William the Conquerour his lawes in fauour of the
this shall suffice to this point Now will M. Attorney passe to another of the commendation of Truth as though that were with him and his And wee shall follow him to examine that point also as wee haue done this other about Ignorance The Attorney On the other side Truth cannot be supported or defended by any thing but by Truth herselfe and is of that constitution and constancy that she cannot at any time or in any part or point be disagreable to her self She hateth all bumbasting and sophistication and bringeth with her certainty vnity simplicity and peace at the last Putida salsamenta amant origanum veritas pèr se placet honesta per se decent falsa fucis turpia phaleris indigent Ignorance is so far from excusing or extenuating the error of him that had power to finde out the truth which necessarily he ought to know wanted only will to seeke it as she will be a iust cause of his great punishment Quod scire debes non vis non pro ignorantia sed pro contemptu habers debet Error and falshood are of that condition as without any resistance they will in tyme of themselues fade and fall away But such is the state of Truth that though many doe impugne her yet will she of her self euer preuaile in the end and flourish like the palme-tree she may peraduenture by force for a tyme be troden downe but neuer by any meanes whatsoeuer can she be troden out The Catholike Deuine 16. None do more willinglie heare the commendation of Truth then we who say with S. Paul VVee can do nothing against truth but for truth And therfore do I willinglie ioyne with M. Attorney in this point of praisinge Truth Wee do mislike also no lesse then he all bumbasting and sophistication neither are we delighted with stinkinge salt-fish that had need of Orygon to giue it a good sauour Wee allow in like manner of his other latin phrases and do confesse that Truth herselfe may be troden downe for a tyme by force but neuer troden out But what is all this to the purpose we haue in hand of findinge out the Truth in this our controuersie Let vs suppose for the present that both partes do like well of her but what meanes is giuen heere or may be giuen to discouer where she lyeth In all other controuersies lightly our aduersaries are wont to remit vs only to scriptures for tryall which was an old tryck in like manner of their foresaid forernuners as the auncient Fathers testify for that scriptures being subiect to more cauillation many times both for the interpretation and sense then the controuersie it selfe gaue them commodity to make their contentions immortall 17. But the same Fathers vrging them with a shorter way asked them still Quid prius quid posterius What was first and what after for that heresie is nouelty and commeth in after the Catholike Truth first planted And for that euery hereticke pretendeth his heresie to be ancient and from the Apostles the said Fathers do vrge further that this Truth of our Religion must not only be eldest but must haue continued also from tyme to tyme at least with the greater part of Christians Quia proprium est hareticorum omnium saith old Tertullian pauca aduersus plâ—â—a posteriora aduersus priora defendere It is the property of all hereticks and their peculiar spirit to defend the lesser number against the greater and those things that are later against the more auncient Which agreeth with another saying of Tertullian Quod apud multos vnum inuenitur non est erratum sed traditum That which is found one and the self-same with many to witt the greater parte in the Christian Church is no error but commeth downe by tradition So hee But S. Augustine deliuereth another direction much conformable to this in sense though different in words Consider saith he what is KATH'HOLON Id est secundum totum non secundum partem According to the whole and not only to a part and this is the truth And another of his tyme saith Teneamus quod ab omnibus creditum est hoc enim verè Catholicum Let vs hold that which hath byn beleeued by all for this is truly Catholike and consequently Truth it self And another Father before them both Catholicum est quod vbique vnum That is Catholike vndoubtedly trew which euery where is one and the same And this both in tyme place and substance 18 These are the ancient Fathers directions now let vs apply them to our present question which is so much the easier to discusse for that albeit it comprehend some part of doctrine in controuersie concerninge the Right of temporall Princes to spirituall Iurisdiction yet is it principally and properly a question of fact to witt whether by the ancient common laws of England and practice of our Princes according to the same spiritual Iurisdiction they were exercised by them in former ages by force and vertue of their Imperiall crownes as Queene Elizabeth did or might do by the authority giuen her by an Act of Parlament in the first yeare of her raigne wherby she was made head of the Church and supreme gouernesse as well in all causes Ecclesiasticall as temporall In discussion wherof if we wil vse the directions of the forsaid Fathers for cleere and infallible tryall we shall easily find out where the Truth lyeth which is the but we ought to shoore at and not to contend in vayne for that our assertion quite contrary to that of M. Atourneys is That if we consider the whole ranke of our Christian English Kings from the very first that was conuerted to our Christian faith to witt King Ethelbert of Kent vnto the reigne of King Henry the eight for the space of more then nine hundered years and King Henry himself for the greater and best part of his reigne did all and euery one of them confesse acknowledg the spirituall power and Iurisdiction of the Sea of Rome and did neuer contradict the same in any one substantiall point either by word law or deed but did infinite wayes confirme the said authority ech one in their ages reignes And this is that KATH'HOLON or secundum totum which S. Augustine requireth and vbique vnam which the other Fathers do mention which is a Catholike proofe in a Catholike cause and M. Attorney must needs fly ad partem to a parte only to witt to two or three later Kings of aboue halfe a hundered that went before which is a schismaticall proofe as S. Augustine sheweth Contra partem Donati Against the parte of the heretick Donatus And before him Opratus Mileuitanus and diuers other Fathers who alwayes call Sectaries a Part For that they follow indeed but a part and Catholiks the whole and therof saith S. Augustine their name is deriued And thus much shall serue for our
presumed to deliuer the Truth in this controuersie which was not raised vp in their dayes and consequently could not be passionate therin nor daunted with feare moued by affection or corrupted with rewarde as later lawyers and Sages might be that gaue sentence in matters which concerned their interest fauour or disfauour of present Princes And would God M. Attorney himselfe would in this point follow the direction of his Poesie out of Macrobius de veterum lectione of reading the ancient Fathers and old incorrupt writers diligently to this effect For I doubt not but that so good a witt as his is would quickly discerne the truth if preiudice or passion vpon interest or disinterest do not depriue him of that happines For albeit our Sauiour hath a dreadful sentence that it is as hard for a rich man to enter into heauen as a Camel to go through a needels eye yet doth he say also in â—he same place that what is vnpossible to man is possible with God which may iustly deliuer rich men from desperation though not from due feare And so much of this Now shal we see what M. Attorney saith more The Attorney The end of such as write concerning any matter which by some for want of instruction is called into controuersie should be with all the candor and charity that can be vsed to perswade resolue by demonstratiue proofes the diligent Reader in the Truth But now a dayes those that write of such matter do for the most part by their bitter and vncharitable inuectiues transported with passion and fury either beget new controuersies or do as much as in them lyeth to make the former immortall Certaine it is that some books of that argument haue had Truth for their Center yet because they haue wanted temperance modesty and vrbanity for their circumference haue to the great preiudice of the truth hardned the aduersaries in their errors and by their bitter inuectiues whetted them not only to defend themselues and to offend in the like but many times being therby vrged to write to defend the error it self to the hurt of many which otherwise might haue vanished away without any contradiction The Catholike Deuine 27. This candor and charitye which M. Attorney wisheth in al writers of Controuersyes is laudable and fully agreeing also to our desires that be Catholicks and it falleth out wel that some grauer men of the Protestant partie do shew at length by publicke testimony their mislike of such bitter and vncharitable inuectiues which their ministers that should be guides of modestie to others being transported with passion and fury to vse M. Attorneys words do exercise and therby they do beget nevv controuersies and make the former immortall All this we graunt and do much allow commend M. Attorneys vrbanity therin and could easily also gesse at the persons whome principallie he meaneth who haue by their beastly late libels so defiled as it were the very art and profession of writing books through base exorbâ—tant and shameles scurrility as men disdayne to reade them any more holding both them and their Authors in most odious contempt 28. And yet in one thing I cannot agree with M. Attorney in this point when he saieth that these bitter inuectiues of theirs haue whetted their aduersaries to defend themselues which otherwise they would not haue done For I holde the contrary to be true which is that their brutish veine of intemperate and shamles writinge hath freed them from all reioynder of any modest or ciuill aduersary wheras on the other side M. Attorney is answered as you see for that his temperance modestie and vrbanity in the circumference of his Center deserueth the same though his said Center haue not that truth in it which were to be wished answerable to those other good commendations of his And this wil ly vpon vs to proue in the prosecution of this whole Answere Now let vs passe to the rest of his Preface The Attorney Hee that against his coÌ„science doth impugne a knowne truthe doth it either in respect of himself or of others Of himself in that he hath within him a discontented hart Of others whome for certaine worldly respects he seeketh to please Discontented he is either because he hath not attained vnto his ambitious and vniust desires or for that in the eye of the State he for his vices or wickednes hath iustly deserued punishment and disgrace and therfore doth oppose himself against the current of the present to please others in respect that his creditt or maintenance dependeth vpon their fauour and beneuolence I know that at this day al Kingdomes and States are gouerned by lawes and that the particular approued custome of euery nation is the most vsual binding and assured law I deale only with the municipal lawes of England which I professe and wherof I haue byn a student aboue these 35. years My only end and desire is that such as are desirous to see and know as who will not desire to see and know his owne may be instructed such as haue byn taught amisse euery man beleeuing as he hath byn taught may see and satisfy himself with the truth and such as know and holde the truth by hauing so ready and easie a way to the fountaines themselus may be comforted and comfirmed Farewell Multa ignoramus quae non laterent si veterum lectio nobis esset familiaris Macrob. 6. Satur. The Catholicke Deuine 29. Albeit this last part of M. Attorneys Preface be somwhat close and darke yet it is not hard these circumstances considered to leuell at his meaning which is that Catholike men that write of controuersies in this time do write against their consciences vpon discontentment which he presupposing without proofe wheras principally he should haue proued this he passeth on to tell vs why they doe it in respect of themselues or others and vpon what grounds their discontentments arise which by M. Attorneys leaue is altogeather impertinent both for that he leaueth vnproued that which especiallie he should haue proued and that which he endeuoureth to proue is wholie from our purpose and hath no coherence with our cause at al. 30. For first we deny that Catholiks doe write against their consciences to impugne a knowne truth for this they holde to be a most hainous and damnable sinne and one of the six that are against the holy Ghost and very peculiar to heretiks as appeareth by those words of S. Paul before recyted where he writeth in respect of this pertinacy in defending their owne heresies and proper elections against their consciences that heretiks are damned by their owne iudgements and so doe the ancient Fathers with great consent ascribe vnto heretiks this speciall sinne amonge others of Impugnatio veritatis cognitae Impugning the knowe truth for willfull defence of their owne fantasies which is properlie termed by tâ—em Pertinacia or peruicacia haeretica Hereticall pertinacy But now for
that such as should be named for commissioners must be naturally borne subiects Which his counsell said did not appeere by the special verdict of the Iury to haue been obserued consequentlie that the sentence was not good and auailable in law Heervnto saith M. Attorney a threefold answere vvas giuen and resolued by the vvhole courte First that they which were Commissioners and had places of iudicature should be intended to be subiects borne and not aliens c. Quia stabitur praesumptioni donec probetur in contrarium The common presumption must bee followed vntill the contrarie be proued Heer you see how much this answere weigheth It seemeth to me that this matter might easilie in foure years haue been verefied if the Iudges had listed whether these Commissioners were aliens or borne Subiects not to reiect the Plainteife now with this shaddow of common presumption that they might be presumed or supposed to be naturally borne 15. Secondlie saith M. Attorney the Iurors haue found that the Queene by her said letters Patents did authorize them secundum formam Statuti praedicti according to the forme of the said Statute that authorized her and therfore it doth by a necessarie consequence amount to as much as if they had found that they had been subiects borne For if they were not subiects borne saith he they could not be so authorized secundum formam Statuti praedicti This is the second answere somewhat weaker as to mee it seemeth than the former of presumption and common intendement For heere insteed of prouing that the Commissioners were borne subiects and consequentlie well anthorized he subsumeth and inferreth the contrary to witt that they were authorized by the Queene secundum formam Statuti praedicti ergo they were borne subiects as who would saie the Queen or those that counselled her could not be deceiued or euill informed or negligent in this point about the obseruing of that clause and yet this is all that was answered by the Court to this matter Which themselues belike considering fell to deuise a third answere more absurde and paradoxicall than all the rest which haue giuen the ground or argument of this Sage fable or Comedy which M. Attorney hath heere partlie reported and partlie exhibited vnto vs in this his booke to the laughter of such as reade it and doe consider the exorbitant vanitie therof I shall set it downe in very few words 16. When the forenamed Sages did perceiue that the former two answers to Cauderyes fourth exception against the Queens commission made out vpon vertue of the statute in the first yeare of her raigne that gaue her all kinde of Spirituall power and Iurisdiction did not satisfie they fell vpon this third that albeit the said Queene had not obserued the clauses and conditions specified in the said Statute for authorizing others in the like Iurisdiction yet had she authority otherwise to make out such a Commission in that she was Queene and this by the vertue of her Crowne according to the auncient Common laws of England You shall heare M. Attorneys owne words in this resolution This Act saith he of the first yere of the late Queene concerning Ecclesiasticall Iurisdiction was not an act introductorie of a new law but declaratorie of the olde which appeereth as well by the Title of the said Act videlicet An Act restoring to the Crowne the auncient Iurisdiction ouer the State Ecclesiasticall spirituall c. As also by the body of the Act in diuerse partes therof for that this Act doth not annex anie Iurisdiction to the Crowne but that which in truth was or of right ought to be by the auncient laws of the Realme parcell of the Kings Iurisdiction and vnited to his Imperiall Crowne c. so as if the said Act of the first yeare of the late Queene had neuer been made it was resolued by all the Iudges that the King or Queene of England for the time being may make such an Ecclesiasticall commission by the auncient prerogatiue or law of England Thus hee 17. And trulie I am sorye that he affirmeth this strange Paradox to haue been the resolution of all the Iudges there present But to the end that all may not seeme to haue entred into this solemne folly it were good that their particular names were knowne that resolued the same For certainlie it will bee the most notorious iest vnto forraine lawyers of all sortes vnto other graue learned men when it shall come abroad in other countryes as shortelie it will for that M. Attorney hath caused it also to be published in Latin which hath happened in many years if not ages much laughter it will cause will celebrate solemnlie M. Attorneys name that is the Reporter therof For this matter toucheth not onlie England and English-laws but all other Countryes besides who haue runne ioyntlie with England for many hundered years in the self same conformity of Catholicke Religiou and of temporall lawes confirming the same in ech Countrey and particularlie in this point of the Popes Spirituall Authoritie vniuersally receiued So as for so much as their kingdomes being entyre Empires and Monarchies as ours is they must needs be said to haue had this Ecclesiasticall Iurisdiction also in the highest degree included in their Kinglie right as parcell of their Imperiall Crowne wherof insueth that either they and their learned Counselours Lawyers and Sages did not see or know the same which had been great Ignorance or esteemed it not which had been great negligence or which is most likely that our lawyers now will be thought by them ridiculous to set forth such a strange Paradox to the worlde contrary to that which so many thousand Sages of former tymes both in generall Councells and otherwise haue resolued decreed and determined vpon better deliberation and more searche both of diuinity history and lawe than these temporall Iudges could doe vpon the suddaine in Cauderyes case howsoeuer M. Attorney doth magnifye the same whoe as I heare by some that will seeme to reporte it from his owne mouth he that is the Reporter is in great parte also the author or at least wise affecteth to be thought so as of a new witty inuention hauing often and vnto many promised to proue it and now hath begun to sett vpon it We shall see with what euent THE SECOND PART OF THIS CHAPTER Vvith a more cleere explication of the Question §. I. 18. But before wee come to treate of proofes we must consider of one circumstance of the matter more which is of no small importance for iudging of the whole and this is the circuite of words and multitude of darke and dazeling phrases which the foresaid Statute vseth in deliuering and setting downe the Ecclesiasticall power Iurisdiction giuen to Q. Elizabeth to wit that all such Iurisdiction Ecclesiasticall as by anie spirituall or Ecclesiasticall power hath heertofore been or may lawfully be exercised for the
visitation of the Ecclesiasticall estate and persons and for their reformation order and correction of the same and of all manner of errors heresies c. is given to the Queene with full power and authoritie to assigne nominate and authorize others also to exercise and execute vnder her highnes all and all manner of Iurisdiction priuiledges and preheminences in anie wise touching or concerning anie spirituall or Ecclesiasticall Iurisdiction and to visit reforme redresse order correct and amend c. 19. Which words may seem by their often naming of visitation and visiting that they meant onlie to make the Queene a visitrix ouer the Cleargie which importeth much limitation of supreme power and yet on the other side they giue her all Iurisdiction Ecclesiasticall that euer hath been heertofore or may be exercised by anie Ecclesiasticall authoritie or person and that both she and her substitutes haue all and all manner of Iurisdiction priuiledges and preheminences concerning spirituall affaires as you haue heard So as on the one side they seeme to restraine and limitt not calling her head of the Church as before in the stile of K. Henrie and K. Edward was accustomed but rather a supreme Visitrix as by these words appeereth And on the otherside they giuing her all and all manner of Iurisdiction Ecclesiasticall that by anie power or person Ecclesiasticall hath euer heertofore been vsed or may be vsed including no doubt therin both the Pope and all other Bishops or Archbishops that euer haue exercised Iurisdiction in England they make her spirituall head of the Church in the highest degree giuing her the thinge without the name and dazeling the eyes of the ordinarie Reader with these multitude of words subtilie couched togeather And why so thinke yon I shall breefly disclose the mysterie of this matter 20. When K. Henry the eight had taken the Title of Supreame head of the Church vpon him as also the gouernours of K. Edward had giuen the same vnto him being but yet a child of 9. years old the Protestants of other Countries which were glad to se England brake more and more from the Pope whome they feared yet not willing insteed therof to put themselues wholie vnder temporall Princes but rather to rest at their owne libertie of chosing congregations and presbyteryes to gouerne began to mislike with this English stile of Supreame head as well the Lutheranes as appeereth by diuers of their writings as also the Zuinglians and much more afterward the Caluinists whereupon Iohn Caluin their head and founder in his Commentary vpon Amos the Prophet inueigheth bitterlie against the said Title and authoritie of supreame head taken first by King Henry and saith it was Tyrannicall and impious And the same assertion he held during his life as after by occasion more particularlie shall be shewed And the whole body of Caluinists throughout other Countryes are of the same opinion and faith though in England they be vpon this point deuided into Protestants and Puritans as all men know 21. This then being the State of thinges when Q. Elizabeth began her Raigne those that were neerest about her and most preuailed in Counsell inclining to haue a change in Religion that therby also other changes of dignities offices and liuings might insue and desiring to reduce all to the new Queens disposition but yet finding great difficultie and resistance in many of the Caluinists to giue the accustomed Title of headship in respect of Iohn Caluins reprobation therof they deuised a new forme and featute of words wherby couertly to giue the substance without the name that is to saie the whole spirituall power iurisdiction of supreame head vnder the name of Visitrix or supreame gouernesse as in the Oath of the same Statute is set downe where euery man vnder forfiture of all his lands and liuings and life also in the third time is bound to sweare and professe that he beleiueth in his cōscience that the said Qneene is supreame gouernesse in all causes Ecclesiastical in this sense and that there is no other Spirituall power or Ecclesiasticall Iurisdiction ouer soules in England but this of the Qneene or such as commeth from her And this was also the high iniquitie of this tragicall Comedye among other that the whole Realme being almost all Catholike and of a contrarie beleife at that time was forced to sweare within thirtie daies after the said Act to this fantasticall deuise of giuing supreame authoritie Spirituall to a woman wherof by naturall diuine and humane law she is not capable as in the next chapter shall bee proued being a deuise of some few in a corner first and then procured by negociation to passe in Parlament or els to incurre the daunger of the foresaid penalties that is to saie either sacrilegiouslie to forsweare themselues against their consciences or to vndoe themselues and theirs in wordlie affaires a hard and miserable choise 22. But now to the point it self what reall and substantiall difference thinke you can their be imagined between the spirituall Authortie of Head-ship giuen vnto K. Henry the 8. by the Statute of the 26. yeare of his reigne and this of visitrix or supreame gouernesse giuen to Q. Elizabeth in the first of her reigne Was not the self-same power and Iurisdiction ment to be giuen And if there bee no difference in the thing it self why doe they fly the word in this which they vsed in that and why doe they vse such large circumloquutions of visiting ordering redressing and the like For as for K. Henries statute it beareth this Title An act concerning the Kings highnes to be supreame head of the Church of England c. And in the statute it self it is said Be it enacted by the Authoritie of this present Parlament that the King our soueraigne Lord his heirs and successors shall be taken accepted and reputed the onlie supreame head on earth of the Church of England called Anglicana Ecclesia And the same Title was 9. or 10. years after giuen in like manner to K. Edward the sixt by the same Authoritie of Parlament if in this Case it had anie authoritie anecting also therunto all Iurisdiction spirituall whatsoeuer as it appeereth by a certaine declaration therof made in the Statute of the first year of the said King It saith thus That for so much as all authoritie of iurisdiction spirituall and temporall is deriued and deducted from the Kings Maiestie as supreame head of these Churches and Realmes of England and Ireland and so iustlie acknowledged by the Cleargie therof and that all Courts Ecclesiasticall within these said two Realmes be kept by no other power and authority either forreine or within the Realme but by the Authoritie of his most excelent Maiesty Be it therfore enacted that all sommons and citations and other processes Ecclesiasticall in all causes of Bastardy Bygamye and such like called Ecclesiasticall shall be made in the name of our King c. And that in
drawing vnto thee those things that appertayne vnto the Church thou doe inuolue thy selfe in a hainous synne Giue vnto Cesar those things which are of Cesar saith the Scripture and to God those things that are of God therfore as yt is not lawfull for vs to meddle with thy earthly Empire so hast not thou power ô Emperour ouer sacred things which I write vnto thee for the care I haue of thy saluation c. 8. And doe you see here this liberty of speech in Ecclesiasticall Prelates of the primitiue Church towards their Kings aud Emperours doe you see what difference and distinction they make betwene Ecclesiastical temporal power yet we read not that any Attorney or Aduocate of these Emperours did euer accuse these Bishops of treasoÌ„ for speaking as they did or once obiected that they meant hereby to take away any parte or parcell of their entire and absolute Monarchies No though S. Athanasius for his parte went yet further for when he saw that all these admonitions and reprehensions would not preuaile but that the said Constantius went forward to intermeddle more and more in Ecclesiasticall affayres he wrote thus in the same Epistle I am dâ—nuò in locum Ecclesiasticae cognitionis suum palatium Tribunal constituit c. Now againe hath the Emperour Constantius made his pallace a Tribunall of Ecclesiasticall causes in place of an Ecclesiasticall Courte and hath made himself the chiefe Prince and Author of spirituall pleas c. These things are grieuous and more then grieuous but yet are such as may well agree to him that hath taken vpon him the image of Anti-christ for who is there that seing him to beare himself as Prince in the determyning of Bishops causes and to sitt as Arbiter in Ecclesinsticall iudgemeÌ„t will not worthily say the AbhominatioÌ„ foretold by Daniel to be now come c. So he And there were no end if I would prosecute all that might be said out of the sense and iudgement of the ancient Fathers against this first argument of M. Attorney That teÌ„porall Princes are not absolute Monarches except you giue them spirituall iurisdiction also But we must be myndfull of breuity and so this for the first shall suffice remiâ—ting you to that which hath bin spoken more largly hereof in the second chapter before 9. An other Argument yt seemeth M. Attorney would insinuate for vrge it he doth not by the consideration of two Tribunalls or Courtes of the King of England the one Temporall the other Ecclesiasticall and seuerall causes belonging vnto them You shall heare it out of his owne speach and then iudge if it make for him or against him The kingly head sayth he of this politike bodie is instituted and surnished with plenary and entire power prerogative and Iurisdiction to render iustice and right to euery parte and member of this bodie both Clergie and Laytie of what state degree or calling soeuer in all causes c. and as in temporall causes the King by the mouth of the Iudges in his Courtes of Iustice doth iudge and determine the same by the temporall lawes of England so in causes Ecclesiasticall spirituall as namely blasphemy â—â—stâ—â—y from Christianity Heresies Schismes Ordering Admissions Institutions of Clerkes Rites of matrimony Diuorces otherlike the conusaunce wherof belong not to the Common-lawes of England the same are to be determined and decyded by Ecclesiasticall Iudges according to the Kings Ecclesiasticall lawes of this Realme So M. Attorney making this note in the margent VVhat causes belonge to the Ecclesiasticall Courtes see Circumspecte agatis 13. yeare of Edward the first c. And VVest 2. and 13. Edward â— Cap. 5. art Cleri Edward 2. 9. Wherunto though I might oppose the Authority and speaches of all the auncient Fathers before mencioned that in this matter of diuinitie ought to weigh more with vs then any particular Ordination of secular lawes though they were against vs yet in this case I dare ioyne yssue with M. Attorney vpon this very Argument which he hath alleadge for that truly I doe not see what could be produced more effectually either against himself or for vs then here is sett downe For as we willingly graunt the former part of his speach to witt that the kingly head of the politicke body is instituted and furnished with plenarie power to render iustice and right in all causes that belong to his â—â—â—â—ticke and temporall gouernment endes and obiects therof â—o all persons of his Realme as before hath bene declared So heere the very naming of two generall partes of the kingdome which M. Attorney graunteh that the ancient law of England deuideth into Clergy and Laytie and the mencioning of two seuerall Courtes and distinct causes to be handled therin by distinct Iudges in such manner as the one cannot haue conusaunce of the other inferreth plainly two distinct powers desceÌ„ding from two distinct origens the one Temporali the other Ecclesiasticall and so doe the places quoted by him of Circumspectè agatis westm the second and Articul Cleri vnder K. Edward the first and second most euidently declare 10. And first I would aske M. Attorney what the distinction of Clergie and Laity doth meane not made or brought in first by our Common-lawes as he would insynuate when he saith that the lawe deuideth our Politicall body into two generall partes the Clergie the Laity but rather instituted by the Apostles themselues and admitted only by our CoÌ„mon-lawes and continued from that tyme to ours as before hath bene shewed This distinction I say of Clergie and Layty wherof the former signifyeth the portion of God that is to say those persons that be peculyarly appropriated to the seruice of Almighty-God the other of Laity taking their name of from the common people I would aske of M. Attorney what it importeth especially in this case of Queene Elizabethes supreme primacy doth it not argue a distinct order of men gouerned by distinct lawes distinct Iudges and distinct power Iurisdiction But you will say the Queene was head of them both and we grannt it as they are members of one Common-wealth but in their seuerall distinction and seperation as they are Clergie and lay people she could not be of both but of one only to witt of the Laity For that no man will say that she was also a Clerke or of the Clergie And yet in this partition no man will deny but that the Clergie is the worthier parte and member and so is placed first in all our lawes wherof is inferred that the said Clergie as Clergie is of a higher degree according to our Common-lawes then the temporall Prince which is of the laitie only and not Clerke as in Q. Elizabeth is confessed and consequently she could not be head of the Clergie as Clergie that is in Ecclesiasticall Clergie matters belonging to Religion Wherof we may take a notable example from the great Emperour
proued For that he that giueth a power to an other is presupposed to haue it first in himself for that no man can giue that which himself hath not so as if Q. Elizabeth did giue any spirituall Iurisdiction to her Bishops to teach preach make Ministers absolute loose sinnes and the like who otherwise could haue no such authoritie at all she might no doubt haue exercised the same in her owne person as in all temporall Iurisdiction we see that whatsoeuer power the King giueth to any Gouernour Iudge or Magistrate to exercise in his name he may exercise the same also him self if he wil. And the same holdeth in the Pope for any spirituall Iurisdiction or function that he committeth to any Bishop Priest or Clerk whatsoeuer 42. A third reason is taken ab inconueniente to wit from this inconuenience that if a Queene could be spirituall head of the Church and should marry without making hir husband King she should be his spirituall head also to loose and bind his sinnes and to exercise Ecclesiasticall Censures of Iurisdiction Suspension or Excommunication against him at her pleasure and he for his part should be bound in conscience vnder payne of sinne to heare and follow her doctrine if at any time she list to preach vnto him or to prescribe what he must beleeue or not beleeue in matters of faith which besides that it should be contrary to that we haue alleadged before out of S. Paul and Christ his Institution for the subiection of women in these causes it would be very absurd and ridiculous also as you see and vnworthie of the excellent gouerment of Christ his Church instituted and framed by the highest wisdome of almighty God 43. Wherfore lastly to shutt vp this matter after all these proofes alleadged we shall adioyne one only more which howsoeuer it be esteemed of vs yet ought it to be of singular great moment with M. Attorney and this is the vniuersall agreement of all Protestants both of Caluin Luthers sect commonly throughout the world except only in England And as for Caluinists the matter is cleere if we respect France Germany Holland Zeland Scotland and other places who all agree in this point following therin their first Author Iohn Caluin who not only in the place by me alleadged vpoÌ„ Amos the prophet but in diuers other places also of his workes doth earnestly impugne not only this Ecclesiasticall power of a woman but of any temporall Magistrate whatsoeuer affirming further in a certayne epistle of his to his freind Myconius that those who defend the same are prophane spirits and mad-men and that the Lord with the breath of his mouth shall destroy them and that both he and his would encounter and fight against them with a valiant and inuincible Zeale c. Of the same opinion and spirit was Theodore Beza the cheife scholer and successour of Caluin in his chayre of Geneua as appeareth by his writings and another chiefe scoller and companion of them both named Viretus in his dialogue intituled Of white Diuells calling them false Christians and dissembled diuells that defend this false position of Princes Ecclesiasticall Supremacy though they couer them selues saith he with the cloake of the Ghospell and then setteth he downe foure or fiue arguments to proue the position to be false which I pretermitt to recite in this place for breuities sake remitting the Reader to the booke it self for that it is exstant in English And I doe passe ouer the writings of many other principall men of that profession both in England and abroad who in this point are no lesse opposite and earnest against M. Attorney that we and are knowne in England by the name of Puritanes or precise Caluinists who being the farre greater parte if we respect all Countreyes about vs must needs in this point be confessed to haue more reason the thing being affirmed so earnestly as you haue heard by Caluin himself than the other of that sect who for pleasing of teÌ„porall princes are accused by them to hold the contrary For that if Iohn Caluin be to be followed in all the rest as they confesse why not also in this And if the holy-ghost fayled him in this so important a point as comprehendeth the whole gouerment of their Church and the lawfull or vnlawfull vocation and function of their whole Ministerie what certaintie can they haue in any other thinge or point of his doctrine 44. But now not only those of the Caluinian sect but others also of the Lutheranes doe laugh at our English Protestants for holding this position of M. Attorney about Queene Elizabeths Spirituall and Ecclesiasticall Supremacie wherin not to weary the Reader which enumeration of many witnesses I shall alleadg only one for all but yet such a one as may well stand for all For that he is the most eminent and principall man of them all to vvitt Martâ—nus Keronitius an ancient publike Reader of diuinity among the Lutherane Sect in Saxony that hath written many volumes for defence of the said sect in our dayes 45. This man then being consulted and demaunded his opinion by the Prince Elector of Brandeburg what was to be done in certaine points concerning those of the Caluinian sect he answereth him in a large epistle extant in print allowing first and greatly praysing the Princes iudgment Quod consultum non esse iudicat vt cum Caluinistis Generalis Synodus habeatur That his Highnes thought it not expedient to hold any generall Synode with the Caluinists as they desired for composing of Controuersyes betweene Lutherans and them 46. Secondly he addeth his owne iudgment vnto that of the Prince Elector about punishing the said Caluinists within his State affirming Non expedire vt punitionis officium contrae Caluinistas intereà temporis penitus quiescat It was not expedient that the office of punishing Caluinists should cease in the meane space vntill the said generall Synode were held as they demaunded 47. Thirdly and lastly hauing resolued these two points he passeth ouer to giue his iudgment in like manner to the said Elector about the Religion held in England and of Q. Elizabeth her self and her title of supremacy saying first that no good thing in Religion was further to be expected from her that she had vsed hardly the Protestants of Germany that she saw and felt noâ— a third sect risen vp in her Realme of Puritanes that hated both her and the other Caluinians that followed her who were enimies in like manner to Lutherans So he And then passing yet further he scoffeth merily that she being a woman had taken vpon her to make Ecclesiasticall lawes Et quòd faemineo à saeculis inaudito fastu se Papissam caput Ecclesia fecit That with a womanly pride neuer heard of in former ages she had made herself a She-pope head of the Church Thus Kemnitius And marke that he saith à saeculu inaudito
done against the priuiledges of their Crownes 21. After S. Mellitus who dyed Bishop of Canterbury there succeeded in that Sea by the appointment of Pope Boniface the fifth the holy man Iustus Bishop of Rochester before who by his doctrine and holie life had holpen greatly to the reduction of Eadbald King of Kent who after the death of his good Father K. Ethelbert by dissolute life had fallen backe againe to Paganisme and renounced the Christian faith But afterward returned againe and became a good Christian King and presently therupon he wrote his humble letters of submission to the said Pope Boniface the fifth as appereth by the Popes answere vnto the said Archbishop Iustus vpon the yeare of Christ 618. related by S. Bede where Boniface writeth Susceptis namque apicibus filij nostri Eadbaldi Regis c. We hauing receaued the letters of our sonne K. Eadbald we doe fynd therby with how great learning of Gods worde you haue moued his mind to true coÌ„uersion vndoubted faith And in the same letter he signifyeth that togeather therwith he sent him to wit to S. Iustus the pall with authority of Archbishop of Canterbury and further concedentes etiam tibi ordinationes episcoporum exigente opportunitate we doe also graunte vnto you power to ordeyne Bishops wheresoeuer opportunity for Gods glory is offered Neither did Pope Boniface thinke to displease or iniure K. Eadbald by writing in this sorte or by giuing to this Archbishop S. Iustus such authority to make Bishopps ouer all England as herby he did without respect of his kingly power as you see 22. And not many yeares after this againe to witt vpon the yeare of Christ 621. K. Edwyn of the Northumbers Regum potentissimus inter Anglo-saxones saith Malmesbury the most potent of all other Kings amongest the English-Saxons was conuerted to the Christian faith by the preaching of S. Paulinus sent thither from Kent by the foresayd Iustus Archbishop of Canterbury as to accompany the most Christian Lady Ethelburga daughter of K. Ethelbert who was married to the said K. Edwyn vpon hope of his conuersion to ensue therby as after it did This man then some dozen yeres after his said conuersion desiring to haue an Archbishopricke erected in his Kingdome in the Citty of Yorke and to haue Paulinus that was there with him to be made Archbishop therof not esteeming it to be in his owne power to doe the same of himself or by his Parlament though he were a Christian King whither thinke you or to whome did he make recourse and sute to haue the same effected S. Bede saith that he sent an â—â—bassadge to Rome to Pope Honorius to demaund this benefit at 〈◊〉 hand as also for so much as the foresaid S. Iustus Archbishop of Canterbury was now dead he would appoint some other in 〈◊〉 place and namely a holy Reuerend man called Honorius and that for auoyding of so often recourse to Rome in those troublsome dayes full of warrs and daungers he would vouchsafe to appoint that whosoeuer should dye first of these two Archbishops of his district Honorius and Paulinus for now the gouernment of Kent apperteyned also to Edwyn the suruiuer of the two should appoint and consecrate a successour vnto him that dyed All which demaunds Honorius the Pope graunted vnto K. Edwyn as appereth by his answere recorded by S. Bede in these worâ—â— Eae verò quae à nobis pro vestris sacerdotibus ordinanda sperastis c. As fâ—â— the things which you hope I will ordeyne for your two priests Paulinus Honorius we doe willingly with a gratefull minde and without all delay goe about to performe in respect of the syncerity of your faith which by the faithfull relation of the bearers of your letters was much to your praise insinuated vnto vs. And therfore we haue sent vnto Honorius and Paulinus two palls of Metropolitanes and haue ordeyned that whosoeuer of them two shall first be called out of this world vnto his maâ—â—â— the other that remaineth may ex hac nostra auctoritate by this our authoritie giuen him subrogate another in his place Which priledge we are induced to graunt as well for the speciall affection of loue which we beare towards you as also in regard of so long distance of Countryes that lie betweene you and vs c. 23. Thus wrote Honorius the Pope to K. Edwyn in these dayâ—â— and thus he thought of his Ecclesiasticall iurisdiction ouer England as well as other Countreys Neither did K. Edwyn thiâ—â—e himself iniured therby but much honoured and obliged And the same Pope Honorius writing at this very time to the forsaid Honorius whome he had made Archbishop of Canterbury by sending him the pall as you haue heard beginneth his letter thus Dilectissimo Fratri Honorio Honorius and then shewing him what authority he had sent to him and to Paulinus Archbishop of Yorke he hath these words Quae pro vestrarum Ecclesiarum priuilegijs coÌ„grâ—â—râ— posse conspicimus non desistimus impertire we doe not ceasse to graunt vnto you those things which we see to be coÌ„uenient for the priuiledges of your Churches c. Consider of this superiority 24. And after this againe about some thirty yeares the sixth Archbishops of Canterbury being dead whose name was Adeodatus the two Kings of Northumbers and Kent to witt Oswy and Egbert being very solicitous saith S. Bede to haue a good Archbishop giuen them that might appoint good Bishops throughout the Realme resolued to send a common embassadge to Rome to Pope Vitalianus to obteyne the same And the more to facilitate the matter they caused an English priest named VVighard cum electione consensu Sancta Ecclesia gentis Anglorum saith the same author by the election and consent of the holy Church of the English-nation to be sent to Rome and presented for this effect And togeather with him they sent certaine religions oblations almes to the vse of S. Peters chappell but the said Priest dying so soone as he arriued could not satisfie their desires Whervpon the Pope wrote backe seuerall letters wherof that to King Oswy began thus Domino excellentissimo filio Oswie Regi Saxonâ— Vitalianus Episcopus seruus seruorum Dei c. Wherin after congratulation for his zeale and feruour and the presents gifts and offerings sent to S. Peters chappell he answereth to the busines proposed thus We could not find out at this present a fitt man to be made Archbishop and sent vnto you according to the tenour of your letters but as soone as any such person shall be found as is apt we shall direct him to your countrey with our instructions c. He that brought your tokens hither so soone as he had visited the Churches of the holy Apostles was taken away out of this life to our great griefe But to the bearers of these our letters we haue deliuered for you certaine sacred
reliques to witt of S. Peter and of S. Paul S. Laurence S. Iohn S. Pancratius and S. Gregory and vnto your Queene our spirituall daughter we haue sent a crosse and golden key hauing in it some parcells of the sacred chaines wherwith the Apostlds S. Peter and S. Paul were bound 25. Thus wrote the Pope at that tyme not being able to giue them an Archbishop fitt for the present but afterwards saith Bede he being very carefull therof and enquiring amongst learned men whome he might choose he first cast his eye vpon one Adrian an Abbott of a monastery neere vnto Naples which Adrian was by natioÌ„ an African but very skillfull in the Latin Greeke tongue well instructed as well in Monasticall as in Ecclesiasticall functions But this man flying the dignity of Archbishop named vnto the Pope one Theodorus a Monke borne in Tharsus of Cilicia as S. Paul th'Apostle also was a man of excelleÌ„t learnâ—â—â— and vertue whome Pope Vitalianus commaunded to take the charge vpon him of being Archbishop of Canterbury and Metropolitan of the English Church which thinge he refusinge for a tyme yet at length accepted it with condition that the forsaid Adrian should goe thither with him and so he was consecrated and sent with authority to create other Bishops thorough-out England as he did He arriued there vpon the yeare 669. and waâ— ioyfully receaued by the foresaid Kings and Christian people liued twenty yeares in that sea Neither were there euer saith Bede after the English-mens arryuall into Britany more happy tymes then these when our nation had most valiant Christian Kings that were a terrour to barbarous nations and when all men desires were enflamed with the loue of Christes heauenly ioyes lately reuealed vnto them so as whosoeuer had desire to be instructed in sacred doctrine had maisters ready to instruct them by the diligence of this new Archbishop and not only this but all English Churches also began now by the industry of the Abbot Adrian to learne the tune of singing in the Church throughout the realme which before was only in Kent c. Theodorus also visiting the whole Realme ordeined Bishops in all opportune places and whersoeuer he found any thing not perfect he by their helpes did correct the same Hitherto are the words of S. Bede of this our Christian primitiue Church 26. And all this now is within the first hundred yeres therof when it was most happy feruent and deuoute by S. Bedes iudgement but much more remaineth to be said of the same if I would consider euery particuler Kingdome and what passed therin this first age But if I should passe downe with like search through the other foure hundred yeares that doe ensue befoâ—e the Conquest I should not be able to conteyne my self within the compasse of this booke and much lesse of one Chapter and of one only argument or Demonstration therof For that euery where during this tyme we shall find that all our Christian Kings in all spiritual matters appertaining to Ecclesiasticall iurisdiction made their recourse to Rome or to the Archbishopâ— or Bishops of England as subordinate or authorized from thâ—â— Sea nor euer did they by act worde deed or decree signifie that they thought to haue Ecclesiasticall power or iurisdiction to dispose of those affaires themselues except perhaps some tymes and of some things by commission from the other 27. Let amongst others the wise and renowned King Edgar the first publicke author of English lawes be an example who hauing in hand a most important consultation how to reforme the liues of Clergie men of this realme but especially of certaine secular Priests in those daies procured first that S. Dunstan the Archbishop of Canterbury should call a Synode about the same who resoluing that the best meanes would be to put in religious men to witt Monkes into euery Cathedrall Church in place of the other that liued disorderly the King tooke not vpon him to doe it himself by his owne kingly authority or to giue commission to any of the said Bishops to doe the same but made his recourse to Rome to Pope Iohn the 13. praying him to authorize the two holy Bishops of VVinchester VVorcester to wit S. Ethelwold and Oswald to make this reformation which he would neuer haue done if he had thought that by his owne Kinglie power descending from his Crowne it had belonged to himself or that his Parlament might haue giuen him the said authority of visiting and reforming altering and disposing as it did to Q. Elizabeth 28. And this may be shewed from one to one in all this time throughout the raignes of aboue an hundred Christian Kings before the Conquest as hath byn sayd if the breuity of this place did permitt me to prosecute the same And my aduersary is not able to shew me one instance out of all this time truly sincerly alleadged to the contrary in this I chalenge him if he thinke himself able to answere me And so shall I passe to the fourth argument if first I recite one example more out of the second age after our conuersion for it is of eminent circumstance and declareth fully what was the sense of our Kings and their nobilitie and Clergie in those dayes 29. Next after K. Ethelbald who was the fifth Christian King of the Mercians and to whome S. Bonifacius called VVinfred before martyr Apostle of Germany wrote so sharpely to amend his life as in all our English histories is to be seene there succeded K. Offa who did great matters in his dayes and as Malmesbury writeth had both great vices and great vertues and among other things he bearing a grudge to the people of Canterbury and to their Archbishop Lambert he pretended to seperate from the obedience of that Sea all the Bishops and Bishoprickes that were within the Kingdome of Mercia which were the greaâ—er 〈◊〉 of the Suffraganes of that Sea and to procure them by the consent and authority of Pope Adrian to be subiect to the bishop oâ— LICHFIELD as to the chief Metropolitan of his dominionâ— and so many reasons he alleadged and vrged for the same togeather with his might and power that the said Pope Adrian as after you shall heare began to yeld somewhat to his demaund notwithstanding the often appellations of the said Archbishop Lambert but Pope Adrian dying Leo the third being chosen in his place Offa dyed in like manner soone after as also the Archbishop Lambert in Offa his place succeded Kenulphus a most noble King and to the Sea of Canterbury for Lambert was chosâ—â— Athelardus that had byn Bishop of VVinchester before one of the rarest men if we beleeue famous Alcuine maister to Charles the Great that euer our nation bred 30. This Archbishop then hauing made his appeale also to Rome as his predecessour had done for recouering the ancient honours and
but his said Father being dead and none other left of the bloud-royall to succeed him he was persuaded for the publicke good of his Countrey vpon the dispensation of Pope Leo the third procured by his Father before notwithstanding his said holy Order of Subdeaconship to accept the Crowne and marry so he did Concedente Leone illiuis nominis tertio ex gradu Subdiaconi VVintoniensis in Regem translatus est By the concession or dispensation of Pope Leo the third he was translated from the degree of a Subdeacon in the Church of VVinchester to the Crowne-royall So Malmesbury Wherevnto both he and Stow doe add that he married soone after Iudith daughter to Charles the great King of France by whom he had foure sonnes which all succeeded him after in the Crowne and he liued so long as he sent his fourth son Alured or Alfred a goodly young Prince at that tyme to be brought vp in Rome vnder Leo the fourth of that name which began to sitt in that Sea vpon the yeare 847. to whome K. Ethelwolfe went also after himself in person and receaued many fauours and spirituall graces from him And thus doe write our auncient historiographers in this matter 35. The other example may be of King Edward the Confessor who hauing made a vow to goe in person to Rome and being dissuaded from the same by the consent of his whole realme for the daungers of the wayes in those troublesome tymes and for the necessity of his presence at home was forced to aske dispensation of his vow at the handes of Pope Leo the nynth whoe graunted the same willingly as appeareth by his letters therof written appointing him to bestow in almes vpon the Monastery of VVestminster what otherwise he should haue spent in his iourney and the same was confirmed after againe by Pope Nicoâ—â—s the second vnto whome the said King wrote also for the confirmation of Pope Leo his sentence that succeeded in the Sea of Rome though not immediatly after the former as by diuers clauses of both their letters which we will produce in the next ensuing chapter doth most euidently appeare 36. And for other two examples after the Conquest to omit the rest may serue first that of King Iohn who sued to Pope Innocentius the third to be dispensed withall for his oath which he had made to the Barons of England vpon feare and coaction as he pretended wherof more afterward shall be said when we come to treat of his life and raigne in particular And the other of King Henry the seuenth who procured from Pope Iulius the second that notorius dispensation for Prince Henry his sonne to marry the Princesse Katherine of Spaine left by his brother Arthur wherabout there was so much adoe afterward for auoyding the force therof when their diuorce was treated in England and elswhere abroad Others I omitt because these alone are sufficient to shew what opinion was held from time to time by the Kings of England concerning the Popes soueraigne supreme authority in spirituall matters belonging to conscience and direction of soules farr different yea quite contrary to that which M. Attorney would persuade his Reader Now let vs passe on to some other Demonstrations The fourth Demonstration 37. The fourth argument is gathered out of that which before we haue mentioned in the precedent chapter of confirmations of Churches Hospitalls Monasteryes and other pious workes that are to be perpetuall and of priuiledges immunityes and exemptions graunted thervnto which alwaies were demaunded of the Sea Apostolike in these dayes as they are now in ours and their foundation was neuer held for firme to perpetuity without the said confirmation and ratification of the Bishop of Rome which is a signe that they acknowledged his supreme spirituall authority and that it was not in their temporall Kings especially for so much as the said Kings themselues did sue to Rome for such confirmation ratification and spirituall priuiledges as the workes by them founded had need of 38. And of this infinite examples might be shewed throughout all this tyme before the Conquest but I must moderate my self as well in this as in the former and therfore shall touch some few only and those all as briefly as I can for that this chapter groweth to be ouerlong We haue shewed how King Ethelbert â—or the first Monastery that euer was in England within foure yeares after his conuersion procured confirmation and exemption therof from S. Augustine Archbishop and Legate of Pope Gregory and how S. Mellitus some yeares after that being the third Archbishop of the same Sea went to Rome in person about the confirmation of his Monastery of VVestminster by Pope Bonifacius and how Pope Honorius after him againe graunted priuiledges to the Churches of Canterbury and Yorke at the petition of King Oswyn of Northumberland of King Egbert of Kent And this course was held afterward by all other Kings in the founding of Churches Monasteries and other pious workes to wit that they made recourse vnto Rome and the Bishops therof for the confirmation ratification establishment priuiledges exemptions of the same in spirituall matters which by all likelyhoode they would not haue done if these Kings had thought themselues to haue had sufficient authoritie from their Crownes to doe the same without dependance from the Sea Apostolicke 39. We reade in S. Bede that in the time of King Egfrid and S. Theodorus before meÌ„tioned the seuenth Archbishop of Canterbury about the yeare of Christ 680. one Biscopus an Abbot otherwise called Benedict hauing by the licence and liberality of the said King builded a Monastery neere to the mouth of the riuer VVyer went by consent of the sayd King to Rome to aske confirmation and priuiledges of Pope Agatho He demaunded and receaued saith S. Bede of Pope Agatho a letter of priuiledge confirmed by his Apostolicall authority for the defence and strengthning of the liberty of his Monastery according to the will and meaning of King Egfrid by whose licence and liberall gift of lands aud possessions he had erected the same Monastery So Bede Who also in another parte of his workes writing the life of S. Bertolphus a holy Abbot saith that in the dayes of Honorius the Pope for that a certaine Bishop went about to molest the said holy mans Monastery he made a iourney to Rome to demaund franquises and exemption for the same from the said Episcopall authority Cui praebuit saith Bede optatum munus sanctus Papa priuilegia scilicet Apostolicae sedis quatenus nullus Episcoporum in praefato Coenobio quolibet iure dominari conaretur Vnto which holy man the holy Pope Honorius gaue the gifte which he desired to wit the priuiledges of the Apostolicall Sea to the end that no Bishop vnder any preteÌ„ce of right whatsoeuer should goe about for the tyme to come to take vpon him any dominion in that his Monastery 40.
Catholike that were repugnant or contrary to the Canonicall lawes of the vniuersall Church and Sea of Rome in those ages wherof againe ensueth that M. Attorney that telleth vs so often of the ancient and most ancient CoÌ„mon-lawes of England cannot presume to haue any law for him and his assertion within this compasse of 466. yeres before the Conquest for that those that should make or leaue vnto vs these lawes were all of a contrary iudgement and religion vnto him in the very point which he treateth of spiritual Iurisdiction As for example 63. There raigned in Kent in the first age of our primitiue Church successiuely these Kings to witt Ethelbert Eadbald Ircombert Egbert Lotharius Edrycus and VVithredus and their Archbishops of Canterbury by whome they gouerned themselues in spirituall matters were Augustine Laurence Mellitus Iustus Homrius Deusdedit Theodorus and Britwaldus And in London Mellitus Ceddus VVyna Erkenwald VValdherus and Ingualdus And in the sea of Rochester Iustus Romanus Paulinus Thamarus Damianus Putta Qâ—â—chelmus Germundus and Tobias All these kings with all these Bishops were of one and the self same religion and of one iudgement and sense in Ecclesiasticall matters and so were all the rest of the Christian Kings togeather with their Bishopps in other Kingdomes of the land And the like I might shew throughout all the other foure ages that ensue after this first before the Conquest And how then is it possible that these Princes with these Bishops and Counsaylours and with their people conforme to them in the same religion should make or admit lawes contrary to the common sense of the Catholike vniuersall Church in those daies concerning Ecclesiasticall Iurisdiction And this is a demonstration which morally conuinceth and cannot by any reasonable man be denyed Whervnto I may adioyne that if they had made any such law coÌ„trary to the common sense of the generall Church in Church-matters they would haue byn noted and reprehended for it or at leastwise some memory would haue byn left therof by historiographers tradition register or some other monument which is not found nor euer will be And this shal be sufficient for this demonstration wherby occasion is giuen to the ingenious reader to prosecute the same and discourse further of himself and to consider how metaphysicall an imagination that of M. Attorney is of auncient lawes made in the ayre and no where extant contrary to the sense and iudgement both of Prince and people in those tymes The seuenth Demonstration 64. An other Demonstration not much vnlike vnto this may be taken from the view of externall Kingdomes in this tyme before our English Conquest to wit what they taught what they beleeued and what they practized in this point concerning Ecclesiasticall Iurisdiction whether they deriued it or acknowledged the same in or from their temporall Kings or from their Bishops and Sea Apostolike of Rome For if they did the later then is it most certaine that all the Kings Kingdomes and people of England did the like for that otherwise they should haue byn noted and taxed as hath byn said for some discrepance diuision disagreement sedition schisme or singularity in this behalfe which is not read of Nor can M. Attorney or any Attorney else whomesoeuer he can take vnto him for his helpe in this matter euer shew me any one word of auncient testimony for proofe therof and thervpon may we confidently conclude that there was neuer any such thing 65. But now what was the doctrine vse and practise of all the rest of Christendome besides concerning Ecclesiasticall Iurisdiction deriued from the Sea Apostolike of Rome as the head fountaine therof throughout all this tyme wherof we speake before our Conquest it shall be inough to cast our eyes only vpon the vniuersality of all writers in those dayes whose volumes are full of narrations apperteyning to this effect as namely of Bishops made throughout all Kingdomes by ordinaunce and authority of the Bishop of Rome Of Churches Abbyes Monasteryes Hospitalls confirmed and priuiledged by the said authority Of Kings and Emperours also annoynted by them and their authority for the spirituall temporall good of Christendome And in this very tyme wherof we talke happened the mutation of the Kingdome of France from Chilpericus to Pipinus and Charles his sonne and of the Roman Empire from the Grecians vnto the said Charles of the said Empire from the French to the Germanes by the authority of the Pope of Rome and infinite other publike testimonyes of supreme spirituall iurisdiction exercised 〈◊〉 where by that Sea with the approbation of all the worlde And no one example can be alleadged of any such power or iurisdiction pretended or exercised by any Prince temporall whatsoeuer throughout all the Christian world in this tyme by vs prescribed 66. And for so much as by this argument we presume that our English Kings and Princes ran vnitedly in all points of religion with others abroade for that they were neuer noted of any difference or opposition as hath byn said it followeth by good deduction and inference that no such Common-law as M. Attorney imagineth could haue place among them deriuing spirituall and Ecclesiastical iurisdiction from the right of Princes temporall Crownes and excluding that of the Sea Apostolike For in case that any such law had byn made it would haue byn extant either by writing or tradition and if it had byn Common as often here it is called it would haue byn knowne by some one at least besides M. Attorney for that community importeth participation with many how then could there be any such Common-lawes in those dayes which no man knew no man recorded no man euer thought or dreamed of as by all circumstances of those tymes and men and state of things may be presumed And if any such thing had byn deuised in those dayes it must needs haue byn reiected and impugned as singular schismaticall or hereticall for that it would haue byn contrary and contradictory to the common sense iudgement whole current of that time And let this suffice for this consideration The eight Demonstration 67. The eight Demonstration in this matter may be the extraordinary deuotion of our auncient Kings before the Conquest towardes the Sea of Rome in making their Kingdomes tributary thervnto euen in temporall things also which is a signe that they meant not to deny vnto that Sea her spirituall iurisdiction which from the beginning had byn exercised by the same in our countrey seeing voluntarily likewise they gaue her teÌ„porall iurisdiction in gathering and axacting this tribute of euery house throughout the Realme which beginning from K. Inas as all our Authors doe agree aboue 900. yeres gone hath byn continued euer since vnder the name of Peter-pence for that they were first giuen to S. Peter and to his Successours the Bishops of Rome vntill the later part of K. Henry the eight his raigne euen in the
the same Archbishops returning the yeare following to England againe the said Pope Alexander wrote to K. VVilliam by them Alexander Episcopus Seruus Seruorum Dei Charissimo filio Gulielnio glorioso Regi Anglorum c. Wherein after he had tolde him Inter mundi Principes Rectores egregiam vestrae religionis fanâ—am intelligimus that among all the Princes gouernours of the world wee haue heard the singular fame of your religion exhorting him to goe forward in the same for that perseuerance only to the end is the thing which bringeth the Crowne of euerlasting reward he toucheth also diuers points of defending Ecclesiasticall persons and libertyes of the Church of releeuing oppressed people vnder his dominion telling him that God will exact a seuere accoÌ„pt therof at his hands which no doubt was meant principally of the oppressed English nation by him wherof Lanfranke secretly had informed the said Pope After all this I say he telleth him of certaine busines that he had committed to Lanfranke to be handled in England in a Synod to be gathered there as namely about the preheminence of the two Archbishopricks Canterbury and Yorke And also to heare againe and define the cause of the Bishop of Chichester deposed before by his legats And finally he concludeth that he should beleiue Lanfranke Vt nostrae dilectionis affectum plenius cognoscatis reliqua nostrae legationis verba attentius audiatis that by him you may more fully vnderstand the affection of our loue towards you as also heare more attentiuely the rest of our legation committed vnto him c. Where he speaketh to the King as you see like a Superiour And Iohn Stow reciting the history of the said Synod gathered about these matters in England the yeare following at VVindesor hath these words taken out of auncient historiographers This yeare by the commaundement of Pope Alexander and consent of King VVilliam the Conquerour in the presence of the said King his Bishops Prelates and Nobility the primacy which Lanfranke Archbishop of Canterbury claymed ouer the Church and Archbishop of Yorke was examined and tryâ—d out c. Heere then was no repining of King VVilliam at the Popes authority in those dayes but all conformity rather with the same 13. I might alleadge many other examples to this effect as that which Stow writeth in the 17. yeare of the raigne of K. VVilliam and yeare of Christ 1083. that VVilliam Bishop of Durham by leaue of the King and nobles of the Realme went to Rome and obtained of Pope Gregory the 7. to bring the Monks from Tarrow and Yarmouth into the Cathedrall Church of Durham where he gaue to them lands Churches ornaments c. all which saith he K. VVilliam the Conqueror confirmed by his charter in confirmation no doubt of the Popes Charter which to procure he went to Rome and he had licence thervnto from the King and nobles that were sounders of that Church which licence they would neuer haue graunted if they had thought that the matter had appertained only to the King at home in his owne countrey and not to the Pope 14. And in the very same yeare K. VVilliam as before we haue touched being entred into great iealosie of the ambition and aspiring mynd of his halfe-brother Otho Bishop of Baion Earle of Kent least with his Councell and riches he might assist his sonne Roâ—â—rt and others that did rise in Normandy against him or as some thinke desirous to sease vpon his great riches and wealth which he gathered togeather he suddenlie returned from Normandy to the I le of VVight where he vnderstood the said Otho to be in great pompe pretending to goe to Rome and at vnawares apprehended him but yet for excuse of that violent fact upon a Bishop he made first a long speach vnto his nobles there present shewing that he did it not so much in respect of his owne temporall security as in defence of the Church which this man oppressed My brother saith he hath greatly oppressed England in my absence spoyled the Churches of their lands and rents made them naked of the ornaments giuen by our predecessours the Christian Kings that haue raigned before me in England and loued the Church of God endowing it with honours and gifts of many kindes VVherefore now as we beleeue they rest reioycing with a happy retribution Ethelbert and Edward S. Oswald Athulse Alfred Edward the elder Edgar and my cosen and most deare lord Edward the Confessor haue giuen riches vnto the holy Church the spouse of God my brother to whom I committed the gouernment of the whole Kingdome violently plucketh away their goods c. 15. This was one excuse vsed by the Conqueror Another was as Stow recordeth that he said that wheras his brother was both Bishops of Baion and Earle of Kent he apprehended him as Earle of Kent and not as Bishop of Baion that is to say as a lay-person and not as an Ecclesiasticall And yet further when he was vrged about that matter by his owne Prelates he was wont to say as Stow and others doe also note that he did it by particular licence of the Pope and not only by licence but also by his decree and commaundement and so he protested at his death Wherby we see how little opinioÌ„ he had of his owne spirituall iurisdiction in this behalfe Of King VVilliam the Conquerour his lawes in fauour of the Church and Church-men §. II. 16. But no one thing doth more exactly declare the sense and iudgement of King VVilliam in these things then his particular lawes which are recorded by Roger Houeden an author of good antiquity who shewing that King VVilliam in the 4. yeare of his raigne calling togeather all his Barons Gouernours of Prouinces twelue expert men out of euery shyre did reveiw the auncient lawes both of the English and Danes approuing those that were thought expedient and adding others of his owne beginning with those that appertained to the libertyes exaltation of the Church Taking our beginning saith he from the lawes of our holy mother the Church by which both King and Kingdome haue their sound fundament of subsisting c. And then followeth the first law with this title De clericis possessionibus corum Of Clergie-men their possessions the law it self is writen in these few words but containing much substance Omnis Clericus etiam omnes Scholares omnes res possessiones corum vbicunque fuerint pacem Dei Sanctae Ecclesiae habeant Let euery Clergie-man and all schollers and all their goods and possessions whersoeuer they be haue the peace of God and of holy Church And afterwards he declareth what this peace of the Church is to wit that neither their persons nor their goods can be arested molested or made to pay tribute or otherwise troubled by any secular iudge whatsoeuer 17. And in the second law
which is intituled De temporibus diabus pacis Domini Regis Of the times and daies of peace and freedome of our Lord the King he doth explicate that it belongeth to the King and his officers to see these liberties of Ecclesiasticall peace franquises and freedome be exactlie obserued to Ecclesiasticall persons especiallie to punish them double which refuse to put in execution the Bishops sentence of iustice Quod si aliquis â—i foris fecerit saith he Episcopus inde iustitiam faciat veruâ—tamen si quis arrogans pro Episcopali iustitia emendare noluerit Episcopâ—â— Regi notum faciat Rex autem constringet malefactorem vt emendet cui foris facturum fecit scilicet primum Episcopo deinde Regi sic erunt ibi due gladij gladius iuuabit If anie man shall doe anie hurt to him that hath the peace of the Church let the Bishop doe him Iustice but if anie man will bee arrogant not make amends according to the sentence of iustice giuen by the Bishop let the Bishop make it knowne to the King or his Courts and the King shall constraine the malefactor to make amends to him vnto whom hee did the hurte to wit first vnto the Bishop and then to the King and so there shall bee two swords against malefactors and the one sword shall help the other And heere let be considered what he saith of two swords one in the Bishops hand and the other in the Kings and that this must assist that of the Bishops as the principall superiour which is conforme to the speach of K. Edgar if you remember whereof we made mention in the former Chapter and last demonstration therof Wherby is made euident that these auncient Kings beleeued not to any haue spirituall sword or authoritie by right of their Crowns but onlie the temporall to command punish in temporall affaires and to help and assist the others in causes belonging vnto them 18. The third law hath this Title De Iustitia Sanctae Ecclesiae Of the iustice of the holy Church and prerogatiue therof which she is to receiue in temporall tribunals In which law is determined in these words Vbicunque Regis iustitia vel cuiuscunque sit placita tenuerit si vllus Episcopus venerit illuc aperuerit causam Sanctae Ecclesiae ipsa prius terminetur Iustitia enim est vt Deus vbique prae caeteris honoretur Whâ—rsoeuer the Kings Iustice or the Iustice of what other Lord soeuer shall hold pleas or keep courts if any Bishop come thither and open a cause of the holy Church let that cause of all other be first determined for it is iust that God be honoured euery where before all other Marke his reason why the expedition of the Bishops cause is to be preferred before that of the King for that he holdeth the place of God and thereafter must be respected 19. The fourth law hath this Title De vniuersis tenentibus de Ecclesia Of the priuiledges of all those that are any way tenants of the Church And then it followeth in the law Quicunque de Ecclesia aliquid tenuerit vel in fundo Ecclesiae mansionem habuerit extra curiam Ecclesiasticam coactus non placitabit quamuis foris fecerit nisi quod absit in Curia Ecclesiastica rectum defecerit Whosoeuer doth hold any thing of the Church or hath his mansion-house within the land of the Church shall not be constrained to plead any matter of his though he bee a malefactor out of the spirituall courte except which God forbid iustice could not be had in the said Ecclesiasticall court 20. These are the first lawes of all that were made by King VVilliam and after these doe ensue fiue more to the same effect of Churches priuiledges wherof the first hath this Title De reis ad Ecclesiam fugientibus Of malefactors that fly to the Church how they are to haue Sanctuary and protection The second De fractione pacis Ecclesiae Of breaking the peace of the Church that is to say of her priuiledges the breakers wherof are appointed to be sharply punished first by the Bishop then by the King if he be arrogant The third De decimis Ecclesiae maioribus Of the greater tythes belonging to the Church The fourth De minut is decimis Of lesser tythes all which are commaunded to be payed exactly And finally the fifth law which is the tenth in order hath this Title De denario S. Petri qui Anglicè dicitur Rome-scot Of Peter-pence called in old English Rome-scot wherin is appointed the order how the said Peter-pence shall be gathered and made ready against the feast of S. Peter and S. Paul or at the furthest against the feast of S. Peters Chaines as we haue seen also before ordeined by the law of K. Kanutus By all which is vnderstood and much to be considered that neither K. VVilliam nor any of his auncestors tooke vpon them to make any Ecclesiasticall law at all of spirituall matters as of their owne but only did second and strenthen and confirme the lawes of the Church by their temporall lawes by defending the same and punishing the breakers therof Which is a far different thing from the Ecclesiasticall power which M. Attorney will needs haue vs beleeue to haue byn in the auncient Kings of England according to the meaning of the auncient Common-lawes therof but produceth none And I persuade my self he will hardly alleadge me any so auncient as these though he haue studied them as he saith 35. years but fiue hundred more were necessary to find out that which he affirmeth And thus much of lawes for the present 21. There remaineth only one argument more concerning K. VVilliam which is the time of his death and of what sense and iudgment he was in this point at that time when commonly men doe se more cleerly the truth of matters especially Princes then before in their life health and prosperity when passion honour or interest may oftentimes either blind or byasse them And albeit of K. VVilliam diuers ancient writers doe recorde that notwithstanding in his anger vnto secular men he was fierce terrible yet vnto Ecclesiasticall persons he bare still great respect wherof among others this example is recorded by Nubergensis that when at a certaine time Archbishop Aldred of Yorke that had crowned him and was much reuerenced by him while he liued intreating him for a certaine pious worke and not preuailing turned his back and went away with shew of displeasure the Conquerour tooke hold of him and fell downe at his feet promising to doe what he would haue him and when the Nobles that stood round about began to cry to the Arch-bishop that he should take vp the King quickly from his knees he answered let him alone he doth but honour the feet of S. Peter in kneeling at myne Which well declareth saith Nubergensis both what great reuerence
office for that saith Florentius from the time he was made Archbishop which was no lesse then two years it was not permitted vnto him either to hold any Synod or to correct the vices which were sprung vp through England Wherevnto Malmesbury and Edmerus that 〈◊〉 with him doe add that the King would not suffer him to goe to Rome to take his pall of the Pope as all Archbishops of Canterbury were accustomed to doe and the other greatly vrged to haue licence But after a long combat which he had had with the King diuers other Bishops that followed the Kings fauour in a Synod at London vpō the third weeke in lent Anno Domini 1095. and eight yeare of King VVilliam his raigne the said Archbishop being extreamly baited by the King his followers stood constant in his appeale to Rome 4. Which thing Rufus perceiuing saith Malmesbury he sent secretly certaine messengers to Rome to intreat the Pope which then was Vrban the second to send the Pall of Canterbury vnto the King to be giuen to whom he would Whervnto though the Pope would not yeeld yet he sent back with his messengers for Legate the Bishop of Albanum named VValta with the said Pall who shewed vnto the King so many reasons why the Pope could not yeeld to his demaund and intreated him so forceably to be content that he might giue the said Pall from the Pope to Anselme with accustomed ceremonyes in the Church of Canterbury as at length he obteyned the same and made them freinds 5. But this frendship lasted not longe for that the very next yeare after the King continued his old manner of oppressing the Church S. Anselme went vnto him to VVinchester and there first by intercessors desired the King that he might haue licence to goe to Rome to conferr diuers difficultyes of his with Vrban the Pope The King answered that he would not giue him licence for that he knew him to haue no such great sinnes that it was needfull for him to goe to Rome for absolution nor yet to be lesse learned then Pope Vrban whose counsaile direction he would aske Whervpon the Archbishop entring the Kings chamber sate downe by his side saith the Story and disputed the matter with him affirming him to deny Christ himself that denyed recourse vnto his Vicar vpon earth And thervpon he concluded that this licence could not be denyed him by a Christian King and consequently he would goe The King said he should carry out nothing with him The Archbishop answered he would goe naked and bare-foote Which firme resolution the King perceiuing to be in him vsed by messengers vnto him diuers intreatyes saith VValsingham and offered large promises of fauours if he would stay But the other would not but departed the Realme though he were searched and rifled by the Kings Officers at the port 6. By all which story it most euidently appeareth that albeit this young disorderly and passionate King were as well in this as in other matters headstronge and violent in pursuing his appetites desires as well in Ecclesiasticall as Temporall affaires yet did he neuer deny the Popes spirituall iurisdiction in England but rather acknowledged the same in sending to Rome to intreat that the pall might be sent to him as also in going about to diuert S. Anselms recourse thither But alas there passed not many years but God punished seuerely these greiuous sinnes against his Church For as both the foresaid Malmesbury Edmerus that liued with him doe write S. Anselms going to Rome frō thence with Pope Vrban to a Councell of Bishops gathered togeather at Bary in Apulia wherin among other things all lay-men were excommunicated that presumed to giue Ecclesiasticall Inuestitures as also those that receiued them at lay-mens hands which was thought principally to haue byn done in respect of King VVilliam he returned againe some years after into France and there passing his banishment with great quietnes of mind he being one day with S. Hugh Abbot of Cluniaecke famous in those dayes for holines the said Abbot told him in the hearing of diuers others that the night before he had seen King VVilliam called before God and receiued the sorrowfull sentence of damnation wherat all the hearers marueyling the next newes they heard from England was that the said King was strangely slaine by an erring arrow of his familiar seruant Tyrrell while he hunted in the New-forrest and that being stroken he fell downe dead without speaking any one word And the same authors doe recount diuers other the like presages and prognostications that happened as well to the King himself as to other friends of his in England portending this euent but neglected by him 7. And this shall suffice for King VVilliam Rufus who raigned thirteen years And though he was naught to all kind of men saith Malmesbury and pernicious in his actions as well to secular as Clergy men yet had he no other iudgement in matters of religion then his father or auncestors nor euer was he noted of any least difference therin Nor doth Maister Attorney bring any instance at all out of this Kings Raigne and therfore shall wee passe to his younger brother that ensued him in the Kingdome OF KING HENRY THE FIRST VVhich was the third King after the Conquest §. I. 8. This was the third sonne of VVilliam the great surnamed the Conquerour who finding the commodity by absence of his eldest brother Robert Duke of Normandy tooke the Kingdome of England vpon him hauing gained by faire promises the good-wills of all or most of the Realme and so was crowned by Maurice Bishop of London for that S. Anselm Archbishop of Canterbury was yet in exile as before vnder Rufus you haue heard 9. What the said Henry did sweare and promise and what he began euen from the very day of his Coronation to put in practice Florentius that then liued declareth in these words Consecrationis suae die Sanctam Dei Ecclesiam c. From the very day of his consecration he set free the holy Church of God which in his brothers dayes had byn sold and let to farme he tooke away all euill customes and remoued all vniust exactions wherby the Kingdome had byn wrongfully oppressed before commaunded that peace and freedome should be holden throughout the whole Realme He restored the law of S. Edward to all men in common with those additions or corrections which his Father had added thervnto c. So Florentius And what his Fathers additions were and how greatly in fauour of the Church and of Ecclesiasticall power authority and libertyes you haue heard before in his life and lawes Wherby we may easily ghesse with what mind and iudgement this man entered vnto his crowne 10. And albeit in this point he neuer altered yet there passed not two years of his gouernment but partely vpon Kingly appetite to haue power in all things and
partly also by incitation of flatterers that seeke to feed nourish Princes humours in that behalfe he began to lay his hands vpon Inuestitures of Bishops by giuing them Annalum baculum for their induction to their benefices saying that his Father and Brother before him had vsed and exercised the same But S. Anselme Archbishop of Canterbury newly retourned into England with other Bishops opposed himself against the same as a thing vnlawfull and condemned by the Canons of the Church and namely in the late Councell of Bary where himself was present as before hath byn shewed and this contention grew to be so stronge as the next yeare after being the third of K. Henryes raigne the said holy man was forced againe to appeale to Rome to Pope Pascalis and thervpon to leaue the land and once more to goe into Banishment where he liued three years going and returning often from Lions to Rome say Malmesbury Florentius and Houeden about this matter And the first of these three doth set downe diuers epistles of Pope Pascalis both to Anselme the Archbishop and to K. Henrie himself wherin he telleth him first why he could not graunt vnto him the authority of inuesting Bishops which by his letters sent by Clarke VVilliam he had demaunded saying Graue nobis est quia id à nobis videris expetere quod omnino praestare non possumus c. It greiueth vs much that you seeme to demaund at our hands that which no wayes we can graunt for if we should consent or suffer inuestitures to be made by your Excellency it would turne no doubt to the exceeding great daunger both of you and me before God c. Secondly he exhorteth him earnestly to admit S. Anselme to his Bishopricke and fauour againe Prospice fili Charissime vtrum dedecus an decus tibi sit quod sapientissimus religiosissimus Episcopus Anselmus propter hoc tuo lateri adharere tuo veretur in Reguo consistere Qui tanta de te bonae hactenus audierant quid de te sentiant quid lequentur c. Consider my most deere child whether this be an honour or dishonour vnto you that so wise and religious a Bishop as Anselmus is should feare for this cause to liue with you or to remaine in your Kingdome What will men thinke or say of you who hitherto haue heard so great good of your proceedings Thus he and much more which for breuity I omit from his pallace of Lateran vpon the 9. day before the Kalends of December 11. But not long after to wit vpon the yeare 1106. which was the sixt of K. Henryes raigne he being in some difficultyes in Normandy in respect of the warrs he had there against Duke Robert his brother and many great men that tooke his parte and perceiuing great discontentments to be likewise in England as well 〈◊〉 regard of the absence of their holy Archbishop Anselme as of the greiuous exactions which he had made vpon them Non facâ—â—â— potest naerrari miseria saith Florentius quam sustinuit isto tempore â—errâ— Anglorum propter exactiones Regis The miserie can hardly be declared which England did suffer at this time by the Kings exactions All these things I say being laid togeather God mouing his heart to turne to him for remedy he thought best to goe to the monastery of Becke in Normandy where Anselme remayned in continuall fasting and praying for his amendment And there agreeing with him to stand no more in these matters of Inuestitures or any other spirituall iurisdiction he willed him to returne securely into England to pray for him in his Archbishopricke and so he did 12. And this being vpon the Assumption of our B. Lady to wit the 15. of August the K. confident now of Gods fauour as it seemeth vpon this agreement gathered presentlie an armie against his enemies vpon the vigil of S. Michael next ensuing entring battaile with them had a singular victorie tooke therin both Duke Robert his brother VVilliam Earle of Morton Robert Earle of Stutauill VVilliam Crispin and all the head Captaines of Normandy with them wherof presently the King wrote letters of ioy to Archbishop Anselme in England saith Florentius And the next spring abouâ— Easter returned into England with the said prisoners and left Normandy wholie gained vnto him and to his Successours 13. And vpon this he calling togeather vpon the first of August and 7. yeare of his raigne all his Lords both spirituall and temporal consulted for three daies togeather with them not admitting S. Anselme to that consultation least his authoritie might seeme to haue ouer-borne the matter what it was best to doe in that case of inuestitures which he had before vsed albeit diuers saith Florentius did exhorte him not to obey the Pope in this but to retaine the vse which both his Father and brother had practised yet others alleadging the Censures both of Pope Vrbanus and Pascalis against the same and that they left vnto the King all other priuiledges and regalityes the King on the 4. day causing Anselmus to be present Statuit saith Florentius vt ab eo tempore in reliquum nunquam per dationem baculi pastoralis vel annuli quisquam 〈◊〉 Episcopatu aut Abbatia per Regem vel quamlibet laicam manum in Angliâ— inuestiretur The King with his Counsell did decree for that time forward that no man in England should be inuested of any Bishopricke or Abbey by the King or by any lay mans hand or power with giuing him the pastoral staffe or ring as sometymes had byn accustomed And this was done in obedience of the Canonicall constitution made in the Councell of Bary against such inuestitures as we haue declared 14. Aud thus was that controuersie ended which was the only controuersie of importance that this K. Henry had with the Sea of Rome during the tyme of his raigne which Malmesbury then liuinge recounted as done of conscience saying Inuestituras Ecclesiarum post multas controuersias inter eum Anselmum Deo Sancto Petro remisit Hee did release againe to God and to S. Peter the Inuestitures of Churches after many controuersies had there about with Anselmus Which he did perfourme so syncerely from his heart as afterward Anselme being dead and he marrying his only daughter Maude to the Emperour Henry the 5. vpon the yeare 1114. he seemeth to haue induced his sonne-in-law the Emperour to remit also the said inuestitures to Pope Calixtus for which his Father and grand-father had held so longe and scandalous broyles with the precedent Popes yea and himself also that is to say this Emperour Henry not long before going to Rome with a mayne army had taken prisoner and held for certayne dayes Pope Paescalis that sate before Calixtus therby to force him to graunt and confirme the said Inuestitures which now vpon a better mynd he gaue ouer againe For this I
find recorded by Malmesbury and others of that time that Calixtus being made Pope vpon the yeare 1119. and presently comming into France and calling a Councell at Rhemes K. Henry of England sent diuers Bishops at his commaundement vnto that Councell And the next yeare after going to treat with the said Pope in person at his Castell of Gesorse in Normandy Acta sunt multae inter illos c. many things were treated between them saith Houeden as it was conuenient in the meeting of so great personages But the principall was that Henry obtained of the Pope to graunt vnto him that he might haue all the customes coÌ„firmed which his Father had in England and Normandy especially that none from thenceforth should be sent Legat into England except the King vpon some controuersie falling out which could not be ended by his Bishops should demaund the same of the Pope So Houeden 15. Wherby we may see the Kings iudgment of the Pope â—â—thority and the recourse to be made thervnto in matters of moâ—â— moment And that which is more soone after this meeting I find that the foresaid Emperour made the like attonement with the same Calixtus which Malmesbury recordeth in these wordâ— In nomine Sancta indiuiduae Trinitatis Ego Henricus c. In the name of the holy and indiuisible blessed Trinity I Henry by the Grace of God Emperour c. for the loue of God and of the holy Romaine Church and of my Lord Calixtus the Pope and for remedy of my soule doe remit freely to God and his holy Apostles S. Peter S. Paul and to his holy Catholike Church all inuestitures by ring and staffe and doe yeeld and permit that in all Churches within my Kingdomes and Empire there be made Canonicall election and free consecration of Ecclesiasticall persons c. 16. And thus was ended that fierce and bloudy controuersie that had lasted and troubled the whole Christian world aboue fifty yeares saith Malmesbury about the vse of Inuestitures pretended by princes to be graunted vnto them and their auncestours by different Popes But yet neuer challenged the same as incident to their Crowne or temporall iurisdiction but as a priuiledge graunted by the Sea Apostolike which might lawfully be done as you haue heard by the former rule of Baldus the Lawyer that the Pope may commit spirituall things by priuiledge in some cases as the is to a mere lay-man And yet further if we seek the beginning of these inuestitures how and when and to whome they were first graunted we shall find the matter very vncertaine For albeit some haue thought and written out of a certaine relation in Sigebert his Chronicle that the first graunt of these Inuestitures was made by Pope Adrian the first vnto Charles the Great in respect of his great meritts toward the Church yet others doe hold this to be false and that the name of Inuestitures was not knowne in those dayes but rather crept in afterward yea and rather taken and vsurped to themselues by certaine Princes by inuasion of intrusion vpon the Church priuately first then more publikely afterward and therevpon pretended by their Successours than granted by speciall gift or consent of any Pope aâ— alâ—â— Which seemeth to haue byn the case also of our King Henry 〈◊〉 first who as you haue heard did pretend to challeng the iâ—â—â—â—â—â—tures as vsed by his Father and brother before him wherof 〈◊〉 notwithstanding we finde no expresse proofe for example 〈◊〉 any of our historyes that they vsed them and much lesse that they were lawfully graunted vnto them And albeit they had byn yet might the same authority which did graunt them reuoke them againe vpon the notable abuses which therof did ensue by selling and buying of Churches by Princes and their officers 17. But howsoeuer this were yet is it manifest heerby that as well those princes which violently tooke these inuestitures vpon them as others that might haue them perhaps graunted for a tyme both of them I say did pretend to haue them from the Sea Apostolike and therin acknowledged the Primacy and Supremacy of Ecclesiasticall power to be in that Sea and not in themselues Which is wholy against M. Attorneys conclusion And therefore the said Emperour Henry the 5. when he deteyned prisoner the foresaid Pope Paescalis and forced him to make a constrained graunt vnto him of the said Inuestitures he would needs haue him put these words in his Bull. Illud igitur diguitatis priuilegium c. That priuiledge of dignity therfore that our Predecessours Bishops of Rome haue graunted vnto your Predecessours Catholike Emperours and haue confirmed the same by their Charters we graunt also to you and doe confirme by this present priuiledge and Charter that vnto the Bishops and Abbots of your Kingdome that shall be chosen freely without violence or Symmony you may giue the inuestiture of staffe ringe and that after the said inuestiture they may canonically receiue their consecration from the Bishop to whome it shall appertaine c. So he 18. And now consider good Reader that if so great potent an enemy of the Church of Rome was so desirous to haue her graunt albeit perforce of such little peeces and raggs of Ecclesiasticall authority as these were how much more glad would he haue byn to haue had all the Popes authority acknowledged to be in himself if he could haue deriued it from the Title of his Crowne and Empire as Syr Edward Cooke would haue taught him if he had byn his Attorney and how easily might he haue procured such a Statute to haue byn made vnto him by his people in Parlament as was made vnto Queen Elizabeth to giue her all supreame authority Ecclesiasticall that euer any person had or might haue if he had listed or if he had thought it had byn worth the procurement And surely it had bin a much more easie and lesse costly way to procure it at home in Germany 〈◊〉 to haue gone to Rome with so mayne an army and extraordinary charges labour and daunger as he did to extort the same from the Pope and yet not all his authority but a small peece therof as hath byn said 19. But now all was amended and accommodated againe as well the Emperour as his Father-in-law K. Henry yelded vp all their pretended right in those inuestitures as you haue heard And as in the procuring and retaining them by what manner soeuer they acknowledged the spirituall power of the Sea of Rome so much more in rendring them vp againe And for so much as both their acts are presumed principally to haue proceeded of our K. Henry all men may therby see his deuotion to that Sea 20. And this deuotion and obedience he continued from that tyme forward vnto his death which was some 15. years in all which time I might shew diuers euident argumeÌ„ts of this point as of his often sending to Rome
speciall Embassadours the particular confidence that sundrie Popes had with him as may appeare by their letters vnto him his sending to Rome vpon the yeare 1123. VVilliam newlie elected Archbishop of Canterbury and Thurstyn of Yorke to receiue their confirmation and palls there for more honour and deuotion of the place and Sea though otherwise hee might haue procured the same to haue been sent to England as eight years before he did vnto Raphe Bishop of Canterbury as Florentius declareth 21. And two years after this againe to wit 1125. in which yeare the foresaid Emperour Henry died that had kept so much stir about inuestitures there was a Synod celebrated in the Church of VVestminster by order of Pope Honorius his legat Cardinall Iohannes de Crema being present President therof wherin diuers Canons were decreed and in the third That no Clergie man should receiue anie benefice at the hands of aelaie-man c. without the approbation of his Bishop and if bee did the donation should be void Which the King tooke not to bee against himself or anie way repined at that Councell gathered by the Popes authoritie neither at this Decree therof that might concerne both him his Which well declareth the pietie of his minde and what his iudgment was of his owne Ecclesiasticall authoritie deriued from his Crowne And now let vs see what M. Attorney hath obserued out of him and his raigne to the contrarie that is to say to proue his supreme iurisdiction It is but one sole and solitary instance and this nothing to the purpose as presentlie you shall see The Attorney Henry by the grace of God K. of England Duke of Normandy to all Archbishops Bishops Abbotts Earls Barons and to all Christians as well present as to come c. We doe ordaine as well in regard of Ecclesiasticall as royall power that whensoeuer the Abbot of Reading shall dy that all the possessions of the monasterie wheresoeuer it is doe remaine entire and free with all the rights and Customes therof in the hands and disposition of the Prior monkes of the Chapter of Reading We doe therfore ordaine establish this ordinaÌ„ce to bee obserued euer because the Abbot of Reading hath no reuenewes proper and peculiar to himself but coÌ„mon with his brethren whosoeuer by Gods wil shall be appointed Abbot in this place by Canonicall electioÌ„ may not dispeÌ„d the Almes of the Abbey by ill vsage with his secular kinsmen or anie other but in entertaining poore pilgrimes strauÌ„gers that hee haue a care not to giue out the rent-lands in fee neither that he make any seruitours or souldiars but in the sacred garment of Christ wherin let him be aduisedlie prouident that he entertaine not young-ones but that he entertaine men of ripe age or discreet as well Clarks as lay-men The Catholike Deuine 22. Heer I desire the prudent Reader to consider how weake and feeble a battery M. Attorney bringeth forth against so stronge and founded a bulwark as before we haue set downe to the contrary wherin hauing shewed and demonstrated by sundry sortes of euident proofe that King Kenry as in all other points of Catholicke doctrine vsage and practice so in this speciall point of the Popes Ecclesiasticall iurisdiction was a perfect Catholicke Prince acknowledging and yeelding vnto him his due spiritual superiority and eminency in euery occasion as you haue heard Now M. Attorney from whome we expected some substantiall proofe to the contrary to wit that he acknowledged not nor practised the same but held this supremacy to be in himself as deriued from his Crowne in as ample sorte as Q. Elizabeth had or might haue by the Statute of Parlament that gaue her all power that had byn or might be in any spirituall person whatsoeuer c. To proue all this I say he comâ—â—â—â— forth now with this one sole Charter which you haue heâ—â—â— whereby the said King as founder of the Abbey of Reading doth assure the lands and temporall possessions which he had giuen to the said Abbey that neither Ecclesiasticall nor Royall power shall take away or distract the same vpon any occasion after the Abbots death but that they shall remaine entyre and free with all their rights in the hands of the Couent Prior and Monks therof vntill a new Abbot be Canonically elected who shall haue no propriety in any parte therof but all common with his brethren in regard wherof he is willed to dispend the same religiously according to the founders meaning and intention as out of the words of the Charter it self you haue heard 23. And now what proueth all this against vs or for our aduersarie Or why is it brought forth think you For heer â— mention only of temporall matters for assuring the possession and due vse of the monasteries temporalityes Heer is no mention at all or meaning of spirituall iurisdiction And how then is this drawne in to M. Attorneys purpose We haue shewed before out of the examples of diuers Kings that founded sundry monasteryes before the Conquest namely K. Ethelbert that of Canterbury K. Offa that of S. Albans K. Edward that of VVestminster and others that besides the ordinary power and priuiledges which founders of pious works haue by the Canon-lawes which are many and great to dispose of their owne donations and to assure the same according to their perpetuall intention The Sea of Rome was wont also to graunt them authority oftentymes to dispose and ordaine spirituall priuiledges to be confirmed afterward by the same Sea as out of diuers like Charters and Graunts you haue heard which was much more then this which heer M. Attorney alleadgeth though nothing to his purpose to proue his maine proposition of supreame Ecclesiasticall iurisdiction deriued from Princes Crownes 24. Wherof it ensueth that this is lesse then nothing And if he will vrge those words of the Charter VVe doe ordaine as ru 〈…〉 regard of Ecclesiasticall as Royall power which in latin are Statâ—iâ—â— autem tam Ecclesiasticae quam Regia prospectu potestatis c. it is also lesse then nothing importing only that he both as King and founder forbiddeth all men both Ecclesiasticall and temporall to enter vpon the lands which he hath giuen to the said monastâ—â—â— either by spirituall or Royall authority euen as you haue heard K. Edgar before prohibite the like concerning the monastery of Medeshamsted founded by him Vt nullus Ecclesiasticorum vel laicorum super ipsum Dominium habeat That no Ecclesiasticall or lay-person haue dominion ouer it or ouer the Abbot thereof signifyinge in the same place that this priuiledge notwithstanding was confirmed by the Pope and Archbishop of England And the like we may presume of this other of K. Henry as also we may note the great respect that he bare euen in this Charter to the Church for that he putteth Ecclesiasticall before Royall in this affaire And finally all this auailing
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
misereretur anima fama sâ—â—ne pateretur fieri dissidium inter Regnum sacerdotium They falling downe at the Kings feet in his chamber besought him most humbly that he would haue pittie of the Church mercie of his owne soule and good name and that hee would not suffer diuision and sedition to bee made between the Kingdome and Preisthood Wherat saith he the King rising respectiuelie from his seate albeit hee excused his fact by laying the entâ—â— therof vpon others yet being preuented by euill counsaile hee neuer perfourmed in substance the good promises that hear vpon he made 31. Wherefore it seemed best to the said Legate and Archbishop to call a Synod at VVinchester and to cite the King there vnto vnder paine of Censures to appeer therin and to giue the reason of this his violent fact against the foresaid two Bishops for so much as if they had offended Non esse Regis sed Canonum inâ—â—cium affirmabant They affirmed the iudgment of this did not appertaine to the King but to the Canons of the Church 32. This Ecclesiasticall Councell then being called togeather vpon the first of September Non abnuente Rege not altogeather against the Kings will saith Malmesbury who was present in the said Citty of Oxford he sent two Earles for his proctors with an excellent learned aduocate or Attorney called Albericus de Vâ—â—â— who excusing the Kings fact shewing many reasons of Sâ—â—â—â— which forced him to assure himself of those stronge Castell sand holds in so suspitions a time as this was as also to retaine their wealth therin found for that one of them being Chauncellour had many money-reckonings to make to the King concluâ—â—â— in the end that the King presumed to haue done nothing against the Canons of the Church true meaning therof in such a 〈◊〉 for that the self same Canons did forbid Bishops to buyld such stronge Castells And in this later point Hugh Archbishop of Rome being newly come to this Councell did take the Kings parte affirming that in so suspitious a tyme the King might without breach of Church-canons demaund the keyes of any Bishops Castle within his Realme But the legate Archbishop of Canterbury were of opinion that first the violence of the fact should be remedied and then the matter tried according to the said Canons which the King refusing to doe the two Bishops interessed appealed to Rome whervnto the King answered by his Attorney Albericus in these words For as much as some of the Bishops had vsed threats and were preparing to send some to Rome against the King in this said he the King doth commend them for their appealinge but yet he would haue them know that if any went against his will and against the honour of the Realme his returne home should be harder then perhaps he imagined Nay moreouer the King shewing himself greiued in this cause did of his owne free-will and motion appeale for himself to Rome Which when the King partly praising their appeale partely threatning as you se had vttered all men vnderstood whitherto it tended to wit that they should not carry the matter to Rome at all but end it at home 33. This was the euent of that Councell which I haue related somewhat more largely out of the writing of an eye-witnes for that it expresseth manifestly what was then held and practised for truth in our controuersie For that K. Stephen and his learned Councell and Attorney did not stand vpon denyinge the Popes Ecclesiasticall authority as our Attorney doth now nor yet of the Bishops of his Realme in Ecclesiasticall matters but is content to vnder-goe the same defending only the reason and lawfullnes of his said fact nor did he pretend by reason of Kingly Crowne to haue this iurisdiction but allowed as you haue heard both their appeale to Rome and appealed also himself And surely if our Attorney and that Attorney should haue disputed about the plea that was to be held therin they would greatly haue differed yet was that Attorney in Causaruns varietate exercitatus saith Malmesbury much exercised in all variety of causes but his iudgemeÌ„t learninge beleife was different from that of ours though he were foure hundred years elder And so to returne to our Story againe this was the successe of these affaires and conforme to this was all the rest of his life and raigne as for example when Innocentius the Pope did call to Rome 〈◊〉 Archbishop of Canterbury Simon Bishop of VVorcester Roger Bishop of Couentry Robert Bishop of Excester Reynold Abbot of Euishant â—o sit and haue their voices in a Generall Councell saith Florentinâ— the King presently obeyed and sent them thither The same Stephen also made suite and obtained of Pope Lucius the 2. saith VValsingham that the Sea of VVinchester should be an Archbishopricke and haue seauen Bishopricks vnder it which had byn effectuated if the same Pope had liued But the ensuing Popes not liking therof it tooke no place though the said King desired it much and would no doubt haue done it by himself if he had thought his owne spirituall authority to haue byn sufficient for that matter 34. Another case also fell out of great moment between Pope Eugenius the 3. that ensued Lucius and K. Stephen which was about VVilliam Archbishop of Yorke called afterward S. VVilliam who being Nephew vnto the said King that is borne of his sister Lady Emma and by his procurement made Chanon Treasurer of the Church of Yorke was after the death of Archbishop Thurstan chosen by tha maior parte of the Chanons to be Archbishop of the said Sea who sending the certificate and authenticall writings of his election vnto Rome to be confirmed first by Pope Celestinus and after by Pope Eugenius then newly chosen he was first called to Rome sore against K. Stephens will and being there was charged as both Nubergensis that liued at that tyme and others doe largely declare that his election was not Canonicall And so after much pleading of the matter wherin are extant also diuers earnest and vehement Epistles of S. Bernard to Pope Celestinus after to Pope Eugenius against the said election the conclusion was that VVilliam the Kings nephew insteed of receiuing his approbation and Pall for his installment was depriued and sent backe into England againe without any benefice at all where he liued for the space of seauen years with his other vncle Henry Bishop of VVinchester in great perfection and austerity of life vntill the said Bishopricke being void againe he was chosen the second tyme and going to Rome was confirmed by Pope Anastasius that ensued Eugenius 35. But now for the first time notwithstanding all that King Stephen could doe or intreat for him he was depriued as hath byn said and one Henry Murdat a learned man Abbot of a monastery of S. Bernards Order in VVells who also had byn schollar in the
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
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„
ratas haberet donationes quas fecerat Rex in Eboracensi Ecclesia Dominus Rex redderet ei Archiepiscopatum suum cum omni integritate c. These Bishops were to demaund in the spirit of humulity on the Kings behalfe that the said Archbishop would ratifie and make good all the donations or gifts which the King had bestowed in the Church of Yorke during the time he had with-held his Archbishopricke that there vpon the King would restore vnto him his Archbishopricke with all integrity But the Archbishop demaunded first of these Bishops sent vnto him whether they would vnder their hands and writings assure him that he might doe it in conscience but they refusing he refused also to graunt the Kings request and therevpon appealed againe to Rome and went thither in person and the King on his side sent Proctors and Aduocats thither to plead for him as Houeden at large declareth And moreouer to bridle him the more he besought the Pope to make Hubert then Archbishop of Canterbury Legat of the Sea Apostolike ouer all England 47. And agayne both this Author and Nubergensis doe declare how the foresaid VValter Archbishop of Roane that had byn so great a friend of K. Richard euer since the beginning of his raigne and had gone with him to Sicily and returned againe to England for pacifying of matters between the Bishop of Ely that was Gouernour the Earle Iohn and moreouer had also byn Gouernour of England himself after King Richards Captiuitie had not onlie laboured for him as you haue heard by his letter to the Pope but went also in person to assist him in Germanie and remained there in pledg for him this man I say receiuing disgust at length from the said King for vsurping vpon certaine lands and liberties of his in Normandy he brake with him appealed to the Pope went to Rome against him and the King was forced to send Embassadours to plead for himself there against the other who pleaded so well saith Nubergensis alleadging the Kings necessitie for doing the same as the Pope tooke the Kings parte and tolde the Bishop openlie in publike Consistorie that he ought to beare with the King in such a necessitie of warre which being once past matters might easilie be remedied And thus much for the Popes authoritie acknowledged and practised during the raigne of this King Richard the first out of which M. Attorney found no probable instance at all to be alleadged to the contrarie and therfore made not so much as mention of any OF THE RAIGNE OF KING IOHN VVho was the seauenth King after the Conquest §. III. 48. Of this King being the last sonne of K. Henry the second we haue heard much before vnder the name of Earle of Morâ—â—â— which may declare vnto vs the quality of his nature and condition to wit mutable and inconstant but yet vehement for the while in whatsoeuer he tooke in hand indiscreet also rash and without feare to offend either God or man when he was in his passion oâ— rage This appeareth well by his many most vnnaturall and treasonable actions against his kind and louing Father whilest he liued wherby he shortened his said Fathers life as before hath byn related And the same appeareth yet more in a certaine manner by his like attempts against his owne brother both when and after he was in captiuity which brother notwithstanding had so greatly aduaunced him and giuen him so many rich States in England as he seemed to haue made him a Tetrarch with him say our English authors that is to say to haue giuen him the fourth parte of his Kingdome which notwithstanding was not sufficient to make him faithfull vnto him 49. This man then succeeding his brother Richard with whom he was beyond the seas when he died laid hands presently on the Treasure and fortresses of his said brother and by the help of two Archbishops especially to wit VValter of Roane in Normandy and Hubert of Canterbury in England he drew the people and nobility to fauour him and was crowned first Duke of Normandy by the one and then King of England by the other when he was 34. yeares old and held out in the said gouernmeÌ„t with great variety of state and fortune for 18. yeares old togeather The first six with contentment good liking of most men the second six in continuall turmoile vexation and with mislike of all and the thiâ—d six did participate of them both to wit good and euill though more of the euill especially the later parte therof when his nobility and people almost wholy forsakinge him did call in and crowne in his place Lewes the Dolphin Prince of France pretended to be next heire by his wife the Lady Blanche daughter to the said K. Iohns sister Queene of Castile which brought K. Iohn to those straites as he died with much affliction of mind as after you shall heare 50. To say then somewhat of ech of these three distinctions of tyme noting some points out of them all that appertaine to this our controuersie with M. Attorney you haue heard in the end of K. Richards life how VValter Archbishop of Roane appealed to Pope Innocentius against the said King for seasing vpon certaine lands of his and namely the Towne of Deepe which Innocentius commaunding to be restored K. Iohn obayed and made composition with the said Archbishop vpon the yeare of Christ 1200. which was the second yeare of his raigne as Houeden reporteth restoring him Villam de Depa cum pertinentijs suis The Towne of Deepe with the appurtenances and diuers other things which the said author setteth downe shewing therby the obedience of K. Iohn to the Popes ordination 51. Moreouer there falling out a great controuersie between Geffrey Arcbishop of Yorke K. Iohns brother and the Deane and Chapter of the said Church and both parties appealing to Rome Pope Innocentius appointed the Bishop of Salisbury and Abbot of Tewxbury to call them before them in Church of VVestminster and determine the matter so they did made them freinds the King not intermedling in any part therof though the matter touched his brother and concerned his owne Ecclesiasticall supremacy if he had persuaded himself that he had had any And the verie same yeare the Bishop of Ely and the Abbot of S. Edmunds-bury were appointed Iudges by the said Pope in a great cause between the Archbishop and monks of Canterbury which they determined publikelie Vt Iudices à Domino Papa constituti saith Houeden as iudges appointed from the Pope without any dependance of the King at all though their cheife controuersie was about the priuiledges and proprieties of lands lordships and officers of theirs to wit of the said Archbishop and Monkes 52. And wheras the foresaid Hubert Archbishop of Canterbury with the rest of the Bishops summoned a generall Synod in England for ordaining many thinges according to the neede or
against all Clergy-men as he seased 〈◊〉 most parte of their goods throughout all England And 〈◊〉 Pope Innocentius wrote diuers letters to pacifie him 〈…〉 angerly to him againe Affirmaeâ—s saith our 〈…〉 electione simul promotione Nâ—rvicensis Episcopi 〈…〉 reuocari Affirming that he could not be 〈…〉 〈◊〉 and promotion of the Bishop of Norwich whome he vnderstand to be profitable vnto him Quod pro libertatibus Corona sua â—â—abit 〈◊〉 fuerit vsque ad mortem That he would stand if need should be for the libertyes of his Crowne euen vnto death Et si de prae 〈◊〉 fuerit exaâ—ditus omnibus Romaâ—â— petentibus maris semitas angu 〈◊〉 That if he may not be heard in the premisses he threatned to â—â—â—iten the passage of sea to all them that would goe to 〈◊〉 So he 58. In all which we see notwithstanding his great displeasure taken he doth not deny the Popes authority spirituall nor ascri 〈◊〉 the Supremacy therof vnto himself but only standeth vpon the libertyes of his Crowne which was as there he signifieth that the Archbishop of Canterbury should not be chosen without his consent or liâ—â—ing though the election therof he tooke not to himself but left it free to the said monkes to whome from the very beginning of Christianity in England the said election appertained And truly many godly and wise men at that time did wiâ—h that Pope Innocentius had not stood so hard with K. Iohn in 〈◊〉 point as this was for contending him with a person gratefull vnto him in that Archbishopricke For from this disgust proceeded all the disorders and miseries that afterward ensued as namely the Kings raging against all the Clergie the particulars wherof are strange and lamentable the interdict of the whole Realme that lasted for fiue or six years without celebrating of deuine seruice in the Churches and finally the excommunication of the King himself and other infinite troubles therof ensuring the said King so raging on the otherside for diuers years togeather as he seemeth not to be well himselfe specially after he saw his Nephew Otho to be depriued also of the Imperiall Crowne by the said Innocentius 59. Many strange acts are recounted of K. Iohn in this time as for example that he sent from time to time to all noble men and gentlemen whom he any wayes suspected to be offended with him commaunding them to giue him for pledges their sonnes or daughters or next of lâ—yn And for that the wife of one VVilâ—â—â—â— Erause Barâ—â— cast out a word that she doubted least her children might be vsed by Duke Geffreys children were to wit 〈…〉 his 〈◊〉 the King sent to apprehend them all and they 〈…〉 he 〈◊〉 them so hardly as he tooke 〈…〉 and caused them to be starued to death in VVindesâ—r castle And the same author of â—â—â—â—ris who liued at that time writeth the Kings fury to h◠〈◊〉 great to commit such horrible acts of cruelty vt 〈…〉 extuteret Tyrannorum That it would make euen Tyrants to 〈◊〉 he addeth further Mukâ—rum nobiliam vxores sâ—tiâ— apprâ—â—â—â—◠〈◊〉 did oppresse and vse violence not only to the lands good◠〈◊〉 honours of noble men but to their wiues and daughter 〈◊〉 He telleth further that being one day at Nottingham and 〈…〉 that the Welch-men began to styr he coÌ„maunded to be brought forth 28. faire young children which he had for pledges of the cheifest nobility of that nation and all to be hanged togeather vpon one gallowes in the yeare 1212. 60. He caused in like manner all the Iewes through 〈◊〉 glaud both men women and children to be taken and â—â—â—â—â—ted to know where there money vvas vvho commonly 〈…〉 the violence of the said tortures gaue him all that they had and more too And when in Bristow they had tortured one by 〈◊〉 sortes of torture the King gaue this sentence vpon him that eâ—ery day he should haue one of his teeth pulled out with the 〈◊〉 test despite and torment that might be vntill he had paid 〈◊〉 ten thousand markes of money and when the Iew had 〈◊〉 seauen teeth to be so pulled out in seauen sundry dayes 〈◊〉 to auoyd the torment of the eight tooth bound himself to pay the ten thousand markes 61. The same author relateth in like manner that the said King meeting one day a company of men which were the 〈◊〉 officers that led bound a murderer towards prison that had robbed and slaine a Priest vpon the high way said vnto them It is no matter he hath killed an enemy of mine let him goâ—â—â—â— and so they did And at another time being at Oxford and â—â—â—ring that a certaine Clarke by meere chaunce had 〈◊〉 woman to death and thervpon fled and the Iustice hauing 〈◊〉 three other Clarkes whom they found dwelling in the 〈◊〉 house though vtterly guyltlesse of the faâ—â— the King comâ—â—â—â—ded them all three to be hanged And moâ—â—ouer when the â—â—â—â—dome was put vnder interdict Rex quasi in fâ—riam vâ—â—sus saith 〈◊〉 author in verba blasphemia prâ—â—upit iuraâ—per 〈…〉 〈◊〉 King being turned as it were into fury did 〈…〉 blasphemous words swearing by the teeth of God◠〈…〉 â—â—â—soeuer he should find any Romanes in any of his landâ— he 〈◊〉 〈…〉 to Rome with their eyes pulled out and nosthrels 〈…〉 He spake also words as though he beleiued not the resurrection of the next life So 〈◊〉 our Author 62. But aboue all fury and wickednes was that resolution which he tooke soone after to wit vpon the yeare 1213. when he sent Syr Thomas Hâ—â—thington and Syr Raph Nicholson Knights and Syr Râ—â—â—rt of London Priest for his Embassadours to the great Maâ—â—â—â—â—â— King of Africke Morocco and Spaine named Miramumilinus offering to be of his religion and to make his Kingdome tributary vnto him and to be his vassall hold it of him if he would 〈◊〉 with an army by sea to assist him But when the said Maâ—â—â—â—â—tan great Prince being a very wise man informing himself of the particularâ— of his person state showed contempt therof 〈◊〉 also of his offer as our Author that spake with one of the Ambassadours setteth downe at large K. Iohn tooke another resolution and passed to the quite contrary extreame resoluing not only to obey the Pope in spirituall iurisdiction but in temporall also and to make his Kingdome tributary and feudatory to the Sea of Rome by payment of a thousand markes euery yeare ther vnto which he bound himself and his heirs to doe vnder a 〈◊〉 large Charter sealed with the great seale of England in gold sending the same to Rome to Pope Innocentius vpoÌ„ the yeare 1214. 63. And by this and other such tokens of his heartie conuersion and sorrow for thinges past he so gained the said Pope that suruiued him as he had him his most earnest defendour all daies of his life after both aginst the King of France his
declared 〈…〉 proofes demonstrations so 〈…〉 ted many other for breuityes sake the 〈…〉 tion being so apparant as there vvas 〈…〉 coâ—firme the same wheras on the contrary side M. Attorney sheweth himself so poore weake needy naked in his proofes as he hath alleadged only hitherto but foure instances or examples out of all these six hundred years that may seem somewhat to fauour him though indeed they doe nothing at all as in their places hath byn declared But now from this King downward we shall haue somewhat more store laid togeather by him out of peeces or raggs of Statutes though as little effectuall to proue his purpose as the other before recited and refuted 2. To begin then with young K. Henry who was but entred into the tenth yeare of his age when the scepter was deliuered vnto him and raigned somewhat more then 56. years He was crowned at Glocester after the death of his Father by one parte of the Realme that followed him and this especially as hath byn said through the presence authority of the forsaid VVallo Pope Innocentius his Legat who earnestly persuaded and inuited all sortes of people to follow and obey this young King and to forsake Prince Lewes of France that had London and the South-partes of England deliuered vnto him And finally denounced excommunication vpon all those that resisted this K. Henry therby drew at length all the Lords and Barons of England in effect to returne vnto him and was cheife Gouernour both of the said Kings person and Realme for a time togeather with some of the English nobility as before hath byn declared 3. Neither shall it be needfull heere to set downe the particulars of his said Coronation with the ordinary oath which all Kings tooke humbly vpon their knees before the high Altar and vpon the holy Euangelists to maintaine the liberties of the Church and to doe iustice to all sortes of men which for me we hauing set downe in the life of K. Iohn this mans Father some other Kings before may serue for an â—xample of all the rest Onlie there is to be noted as particular in this mans coronation that presentlie after his said oath he added this clause as Matthew Paris setteth it downe Deinde fecit homagium Sancta Romanae Ecclesiae Innocentio Papae c. Then he did homage to the holie Roman Church and to Innocentius the Pope therof for his Kingdomes of England and Ireland sware that he would faithfullie paie euerie yeare those thousand markes of tribute which his Father K. Iohn had giuen vnto the said Church c. Which is the first solemne homage that we read to haue been made by any King for temporall obedience vnto the Church of Rome in their coronation For albeit K. Henrie the 2. in his sorrowfull epistle before mentioned to Pope Alexander the 3. when he was in his greatest affliction wrote as Petrus Blesensis setteth it downe who was his secretarie Vestrae Iurisdictionis est Regnum Augliae quantem ad seudatorij iuris obligationem vobis duntaxat obnoxius teneor astringor The Kingdome of England is of your iurisdiction and to you onlie am I bound as subiect for so much as appertaineth to the obligation of feudatorie right yet is this by most men vnderstood to be meant by that King either in respect of that ancient voluntarie tribute before mentioned of Peter-pence or els of some particular agreement made between the said Pope Alexander and him vpon the controuersie about the death of S. Thomas of Canterbury 4. But we read no such thing continued by his sonnes after him vntill K. Iohn vpon the occasions before specified made this new couenant as hath byn declared Which yet afterward vpon the yeare of Christ 1245. and 29. of this Kings raigne when a Generall Councell was gathered by Pope Innocentius the 4. at Liâ—â— in France VValsingham writeth that foure noble men togeather with the Kings aduocate or attorney VVilliam Powycke were sent by the King common coÌ„sent of the Realme to the said Councell and Pope to contradict the said ordination and concession of K. Iohn as a thing that he could not doe without the consent of his whole Realme for many reasons which they alleadged And so we se that in this very contradiction what respect they bare â—oth to that Councell and head therof Innocentius the 4. to whose iudgmeÌ„t they were content to remit the matter And the Popes answere was saith VValsingham Remindigere mâ—râ—sa deliberatione that the thing required a long deliberation and so left the matter in suspence for that time 5. But to returne to this yonge King againe who being first as hath byn said vnder the Gouernment of the Popes Legat the Earle of Pen-broke high Marshall of England and after his death which was vpon the 4. yeare of the said Kings raigne the Legats departure he was wholy vnder the gouernment of Peter Bishop of VVinchester vntill the yeare of Christ 12â—3 and y. of his raigne at what tyme being 17. yeares old and feeling in himself a great desire to gouerne as young Princes are wont to doe thought to obtaine the same by the Popes authority and so sent priuie messengers to Rome to Pope Honorius the 3. saith Mathew Paris and requested at his hands for many reasons that he might be declared able to gouerne of himself togeather with his counsell and to receiue into his hands all those castles lands which diuers of his Barons did hold in his name from the tyme of his Fathers death Which thing was graunted him and the Popes Bull sent to the Archbishops Bishops Barons about the same with authority and commaundement to compell them by Censures to doe the same if any should refuse 6. And two yeares after this againe when he was 19. yeares old he calling a Parlament did decree and publish the famous great Charter called Magna Chaerta for the priuiledges of the Church as also the Charter of Forrests for the nobility and common people and many other things did happen in this time of his youth and non-age which doe euidently declare his dutifull respect vnto Ecclesiasticall power and especially to that of the Sea Apostolike not assuming to himself any peece or parcell therof And this might we easily declare by many examples wherin he proceeded as he was taught both by the presidence of his auncestors and by the common induction of religion and practice of all Christian Princes in those dayes and this as well after he came to full age as before and so continued vnto his dying day 7. And for that this mans raigne was large and of many years as hath byn said and if I should stand vpon particular proofes and examples of his acknowledgement of the supreme authority of the Sea of Rome and practice therof in all occasions it would be ouerlong and tedious therfore it shall be sufficient
for the indifferent Reader to consider these points following 8. First that we hauing proued the said acknowledgement in all former Kings it is not like that this deflected or went aside from their stepps or if he had done it would at least haue byn noted wherin and in what points and some records remaine therof as there doe of other points which were any way singular in him Secondly we finde this King much commended for pious deuotion by ancient writers and namely by Thomas VValsingham who in the beginning of K. Edward the first his life giueth a breife note of this King Henries life and death saying first of his sicknes and death that being at the Abbey of S. Edmunds-burie and taken with a greiuous sicknes there came vnto him diuers Bishops Barons and noble men to assist him and be present at his death at what time he humblie confessed his sinnes saith he was absolued by a Prelate and then deuoutlie receauing the bodie of our Sauiour asked all forgiuenes and forgaue all had extreme vnction and so humbly imbracing the crosse gaue vp his spirit to almightie God adding further of his deuotion in his life that euerie day he was accustomed to heare three masses sung and more priuatelie besides and that when the Priest did lift vp the hoast consecrated he would goe himself and holde the Priests arme and after kisse his hand and so returne to his owne place againe 9. Hee telleth also of his familiaritie with S. Lewes K. of France who raigning at the same time though some few years yonger then K. Henry conferred oftentimes with him about matters of deuotion and once telling him that he was delighted more to heare often preaching then manie masses K. Henry answered that he was more delighted to see his friend than to heare another man talke of him though neuer so eloquentlie 10. This then being so and K. Henry both liuing and dying so Catholicklie as both this man and all Authors doe write of him there can be no doubt but that he agreed fullie in iudgment and sense with all his predecessours as well in this point of the Popes Ecclesiasticall Iurisdiction as in all others And for his obedience to the Sea of Rome it was so notorious as diuers of his owne people at that time did thinke it to haue excesse For that it was not only in spirituall matters but in temporall affaires of his Kingdome also Nihil enim saith Matthew Paris nisi ex consensu Papae vel illius Legati facere voluit Hee would doe nothing especiallie in his later years but either by the consent of the Pope or his Legat. And further in another place Ipso quoque tempus Rex secus quà m deceret aut expediret se suumque Regnum sub paena exhareditationis quod tamen facere nec potuit nec debuit Domino Papae obligaâ—it At that very time also the King otherwise then was decent or expedient did oblige himself and his Kingdome which yet he could not nor ought to doe vnto Pope Innocentius the fourth vnder paine of disinheritage c. So he 11. And many times elswere is this complaint renewed and yet on the otherside we may vnderstand by the same Mathew Paris who so much misliketh this ouer much subiection as he calleth it to the Sea of Rome that diuers great commodityes ensued often therby both to him and the Realme To the Realme for that the Popes wrote heerby more confidently and effectually vnto him for amending certaine errors of his then otherwise perhaps they would or could yea threatned him also with excommunication when need required Wherof the said Paris writeth thus in one place In those daies the Popes anger began to be heate against the K. of England for that he kept not his promises so oftentimes made to amend his accustomed excesses and therefore at the instance of Lautence Bishop of Ely and many other that earnestly vrged him he threatned after so many exhortations made vnto him without fruite to excommunicate him and interdict his Kindome c. 12. But yet for all this when after his Barons did rise against him and held him diuers years in warre Pope Vrban the 4. saith Mathew Paris sent his Legat Cardinal Sabinian as far as Bellen in France to pronounce there and set vp the sentence of excommunication against the said Barons who being in armes permitted him not to enter the portes of England but yet not long after by the said Vrban his meanes and Pope Clement the 4. that succeeded him peace followed againe in the said Realme after many years of warre ciuill commotion with great variety of euents succeeding on both sides For that sometymes the King himself with his brother Richard surnamed King of the Romanes and Edward the Prince were taken by the Barons and sometymes the Barons had the worse and Simon Momfort Earle of Licester their cheife head and Captaine was slaine in the field and many miseryes distresses and calamityes ensued on both parts as are accustomed in warlyke affaires but especially of Kingdomes which haue their waues and turmoiles according as the winds of great mens humours and passions doe swell stirr vp or calme the same But in all this time no question was of Catholike religion in England nor any doubt at all of the distinction and subordination between temporall spirituall power and gouernment but that the one was acknowledged in the King as cheife head of the Common-wealth and the other in the Bishops as subordinate to the Sea Apostolike 13. And if we consider the cheife and most euident points wherin this acknowledgement is seen and to be obserued they are these in effect First and principally for all points of saith and beleife which points were not receiued in England nor other wise then they came authorized and allowed by the said Sea Apostolike And secondly for matters of manners in like form if any thing were decreed or ordained by the said Sea as to be obserued generally throughout all Christendome England presently admitted the same though in other matters which were either particular nationall or seuerall to euery Common-wealth England followed that which was most conuenient for her state peace and quietnes 14. And as for Ecclesiasticall Iurisdiction and libertyes of the Church we se by the said Magna Charta decreed and confirmed by this King which is the very same in effect that his Father K. Iohn out of the Charter of K. Henry the first graunted vpon the 16. yeare of his raigne and confirmed againe and published by K. Edward his sonne and all his Catholike Successours that it was wholy left vnto Clergy men and to the Sea Apostolike and not taken nor vsed by the Kings as namely in all matters of Spirituall dispensations elections institutions admissions confirmationâ— of Prelates and the like all gathering of Synods making of Ecclesiasticall decrees excommunications absolutions indulgences iudging and determining of
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
in England for that he was Chauncellour also of the Realme he should goe about to vndoe that couenant of temporall subiection which King Iohn had made to the Church of Rome and his sonne King Henry hitherto continued But howsoeuer this was he was not admitted but the Couent of Canterbury was commaunded by the Pope to choose an other which they did the next yeare after choosing the Prior of their owne Couent named Iohn whom the King accepting he was sent to Rome with recommendation of both their letters at the same time the King sent also to Rome saith our Author a young knight named Robert Thynne of the North-countrey that had fallen into the Popes excommunication for a certaine excesse of his to the end that he might be absolued Deprecans obnixè vt militem illius intuitu exaudiret Desiring the Pope most earnestly that for his sake he would graunt the knight pardon and absolution in the thing he came for 19. And albeit we may presume that the Pope absolued the same knight at the Kings request yet did he not admit for Archbishop the elected Prior but esteeming him to be ouer aged commaunded the Prior and Couent of Canterbury to choose a third which was S. Edmund of Abingdon canonized afterward by Pope Innocentius the 4. And at the same time he wrote very sharpe letters vnto the King of England reprehending him for suffering certaine violent excesses to be committed against Clergie-men Non habens respectum ad sacramenta quae iurauerat tempore Coronationis suae de pace Ecclesiae mantenenda c. As not hauing regard of the oath which he did sweare in the tyme of his coronation to maintaine the peace of the Church Mandans Regi firmiter praecipiens sub paena excommunicationis c. Commaunding the King vnder paine of excommunication to cause due 〈◊〉 tion to be made of the fact and to send to Rome those that should be found culpable therin to be absolued by himself To which commaundement the King obayed most promptly and sent to Rome among others the young knight before mentioned with diuers of his seruaunts which well proueth the opinion he had of the Popes authority how farr he acknowledged the same And many hundred other such like examples might I alleadge out of the life and large raigne of K. Henry if it were not ouer tedious for that this course did he hold all his dayes 20. And albeit there began to be in his dayes more then before very great repining in the people nobility and Clergy first against all strangers in generall for that the King was most ruled for many years by Pictauians or men borne in his Countryes of Poytoù beyond the seas the principall wherof was one Peter Bishop of VVinchester who did patronize the rest then in particular also against Italians that were preferred to Ecclesiasticall liuings in England by the Popes of those times more then before had byn accustomed who perhaps might presume the moâ—â— therin also in respect of the temporall acknowledgement of the Kingdome before mentioned that the said complaints grew to be so great and generall as the King was sore pressed therewith and for remedy therof forced at length to dismisse and put away his said Pictauians yet in the other point of Italians Romaines he could neuer be induced to doe more but to represent only by way of supplication to the Popes themselues the hurtes and inconueniences that did ensue therof that they themselues might put conuenient remedy 21. And therefore first of all vpon the yeare 1244. which was the 28. of his raigne he wrote a letter to Pope Innocentius the 4. in these words Sanctissimâ— in Christo Paetri ac Domino Innocentia Dâ—â— gratia Summo Pontifici Henricus eadem gratia salutem pedum 〈…〉 beatorum and then he beginneth his leâ—ter thus Quo amplius c. By how much the more an obedient sonne doth submit himself vnto his Fathers will and more promptly and deuontly 〈◊〉 subiect himself to his commaundements the more doth he deserue to haue his fatherly protection as the reward of his obedience and deuotion Hence it is that albeit at all tymes 〈◊〉 our raigne we haue exposed our selues and our Kingdome in all things to the will of your Fatherhood and ther we haue in most busines of ours found your fatherly solicitude and grace towards vs yet in some prouisions of yours made to Clergie-men both English and strangers we find our selues and our Kingdome not a little aggreiued c. Wherefore we doe supplicate vnto your Fatherhood that you will defend with Fatherly care and solicitude all our rights and libertyes which you may repute to be not so much ours as yours and that you will cause them to be preserued in your Court against the suggestioÌ„s of whomsoeuer And your Holines must not be moued if we haue gone against some of your orders and commaundements in this behalfe for that the clamour of such as thought themselues aggreiued haue compelled vs therevnto and we may not deny any man right for so much as by the office of Kingly dignity giuen vs by God we are bound in ciuill matters to administer full iustice to all 22. Thus wrote K. Henry vpon the foresaid yeare vnto Pope Innocentius the 4. and the next yeare after which was 1245. there being held a generall Councell at Lions as before hath byn said the King and Realme tooke this resolution to send certaine procurators thither to coÌ„plaine of the said greiuances hurtes which the Realme receiued by so many strangers placed in benefices throughout England who had neither language to preach and teach nor mynd or meane to keep hospitality for the poore and that the naturall subiects of the land were heerby depriued of that preferment the patrons of benefices debarred of their right to nominate present incumbents by the Popes prouisions made in Rome or of his Legats in England which complaints seeming reasonable were fauourably receiued in the said Councell as may appeare by diuers rescripts of the said Pope InnoceÌ„tius to the Archbishops and Bishops of England about prouiding the benefices vnder their charge with fit English men Vniuersitatem vestram monemus rogamus hortamur c. We doe warne beseech exhorte the whole body of your Realme and doe commaund you by these our Apostolicall letters that you haue great care of all the youthes of your Cittyes and Diocesses that are Clergie men or desire to be especially gentle-men and noble-mens sonnes whom we desire to promote c. And againe in another Breue to the said Archbishops and Bishops VVe doe exhorte commaund you to bestow the Ecclesiasticall benefices belonging to your collation when they shall fall void vpon fit men of your nation c. And yet further in a third Breue Volentos iura vestra illaefa serâ—ari c. We desiring that your right for
bestowing of Ecclesiasticall benefices 〈◊〉 inuiolate and that such as are Patrons of benefices may present fit men of your nation when they shall fall void c. 23. But yet the next yeare after the King calling a generall Parlament at London and the former greiuances not seeming to be sufficiently remedied by the said recourse to the Councell answers and promises of the Pope the same complaints were renewed againe with greater exasperation then before and the said greiuances put downe in writing All which being considered and weighed by the Parlament Vnanimiter consenserâ—â—t omnes saith Mathew Paris vt adhuc ob reuerentiam Sediâ— Apostolicae Domino Papae humiliter deuotè tam per Epistolas quam per solennes Nunciâ—s supplicarent vt tam intollerabilia grauamina iugum subtraheret importabile The whole Parlament did agree that yet once more for reuerence of the Sea Apostolike humble and deuout supplication should be made to the Pope both by their letters and solemne messengers that he would take from them the intollerable greiuances and importable yoke which by the foresaid abuses they felt to ly vpon them And so presently were written letters seuerally to be sent by the said messengers Frist by the Archbishops and Bishops Secondly by the Abbots Priors religious men Thirdly by the Earls Barons and communitie of the Parlament Fourthly by the King himself who wrote not only to the Pope as the rest did but a seueral letter also to the Cardinals to further the suite which letters are set downe by Mathew Paris at length and are to long for this place 24 Yet one thing I cannot omit that wheras the King wrote most deuoutly humbly both to the Pope Cardinals saying that he did make recourse in these complaints of his nobility and subiects to the Church of Rome Vt filius ad matrem quem suis lactavit vberibus as a sonne to his mother whome she hath nourished with her teates of mylke The said Barons though oftentimes repeating the words implorantes humiliter ac deuotè we beseeching you humbly and deuoutly vt dignemini miscricorditer exaudire that you wil vouchsafe mercifully to heare vs Yet adioyned they also this threat in the end that except they were eased of these burthens laid vpon them the Realme and their King they should be forced to put themselues as a wall for defence of the liberties of the said Kingdome which hitherto for reuerence of the Sea Apostolike they had differred to doe nor could expect any longer then the returne of their Embassadours So they 25. And by this we may se where the beginning was of those restraints which afterward in the dayes of other ensuing Kings were made against prouisions from Rome and benefices to be giuen to strangers as also against appeals in certaine cases other such like ordinances which seeme to containe some restraint of the execution of the Popes Ecclesiasticall authority in England Which did not rise as you see vpon any change of former faith or iudgement in religion or calling in question the said Popes spirituall iurisdiction ouer soules but only vpon temporall respects reasons of state and the like which concerned nothing at all faith or beleife or substance of religion And this one only consideration ouerthroweth all the poore obiections which M. Attorney hath picked out vnder the raigne of this other Kings that follow which now we shall take in hand to examine and discusse euery one as they come in their place Two instances alleadged out of the Raigne of this King Henry the third and of what weight they be §. I. 26. And first what doe you thinke M. Attorney bringeth out of this Kings raigne or can bring to ouerthrow all that we haue alleadged before in the same Kings life beleife gouernment and actions Doth he alleadge any one Law or Statute of his for that he was the father and founder of our Statute-lawes as he confesseth doth he produce any one decree wherby he declared that he thought himself to haue supreme spirituall authority or denyed or called in question that of the Sea Apostolike notwithstanding all the greiuances which before haue byn mentioned No truly no one word is alleadged therof though otherwise as I said this K. Henry made many Statutes at sundry Parlaments as for example vpon the 9. yeare of his raigne he made the famous Charter wherof we haue spoken before called Magna Charta containing 37. Chapters which may in effect be called so many different Statutes The first wherof beginneth thus VVe haue graunted to God and by this our present Charter haue confirmed for vs and for our heirs for euermore that the Church of England shall be free and shall haue all her holy rites and libertyes inuiolable So 〈◊〉 first and most ancient Statute and the cheifest liberty of the Church of England is vnderstood to haue byn their free dependance of the Sea Apostolike and their recourse therevnto without interruption or intermedling of any secular power in their Ecclesiasticall affaires 27. Besides this there was made by him in the same 9. yeare of his raigne the other notorious Charter named Charta de Foresta coÌ„taining 16. Chapters or brauÌ„ches as also the other named Merton vpon the 20. yeare of the said Kings raigne that hath six seuerall braunches or Statutes as diuers others also made vpon the 51. year of the said Kings raigne intituled vnder diuers particular titles as Dies communes in Banco Dies communes in dote Districtâ—â—â— Scaeccariae Iudicium Collistrigij de compositione mensurarum and the like And finally the other booke of Statutes made vpon 52. yeare called Marle-bridge containing 16. braunches or statutes In all which no one thing is found in fauour of M. Attorney or his assertion but many for vs if we would examine the partes and clauses of euery one For that the religion of England in that tyme being perfectly Catholike and agreeing in all things with it self with other Kingdomes of the world in one manner of beliefe and acknowledgement of the dependance of Spirituall and Ecclesiasticall power from the Sea Apostolike they could not make lawes for ordering their temporall affaires but must needs enterlace many things that did testifie the conformitie and subordination therof to the spirituall And if any temporall lawyer in England at this day though of far inferiour account and place to M. Attorney would take vpon him to write a booke alleadge all the lawes both common and statute and braunches therof that doe confirme allow or strengthen the Catholike Religion from most auncient tymes wherin any memory is of our lawes he might so far ouerbeare M. Attorney both in bulke and substance and truth of his allegations as S. Augustines volumes for example doe exceed in all these points Esops fables And this will you see in parte by that which we are now first to examine in this place I meane his first obiection set downe
our whole former discourse you haue seen 33. But now let vs contemplate a little the last conclusion of M. Attorney vpon this narration Now to commaund saith he and to be obayed belongeth to soueraigne and supreme gouernement which we deny not in the sense wherin it may be true that is to commaund and to be obaied in temporall matters belongeth to soueraignty in that kinde and to commaund and be obaied in spirituall matters belongeth to soueraignty in those affaires wherof you haue heard many examples concerning the Sea of Rome before alleadged But for the King and his temporall officers to demaund a certificate from the Bishops Court for the Statute vsed not the word of cōmaunding or obaying to let them know thereby what the Bishops sentence and iudgement is to the end they may frame theirs accordingly this by M. Attorneys leaue is no commaunding in the iurisdiction it self of spirituall affaires and consequently inferreth no Ecclesiasticall soueraignty And if he be not satisfied by that which we haue already alleadged out of the raigne of K. Henry the third of spirituall soueraignty acknowledged by him and all his Realme in the Sea of Rome but would see further some examples in particular of the same soueraignty or superiority at least vsed and practised by the Bishops of England towards the King himself and Realme in that kind let him consider these examples following besides the former 34. When K. Henry the third vpon the 16. yeare of his raigne falling out with Hubert de Burgo Earle of Kent that had byn his great fauourite high Iusticer for many former years cast him into prison and he escaping fled to a certaine Chappel for Sanctuary from whence the King had caused him to be drawne forth Roger Bishop of London for that it was in his Diocesse came vnto him and said that except he caused him to be restored to the place of Sanctuary againe Ipse omnes huius violentiae authores excommunicationis sententia innodaret He would bind all the authors of this violence vsed by the sentence of excōmunication And what followed of this Did the King deny his authority or say that he was not vnder his iurisdiction or that himself had supreme authority and iurisdiction ouer the Bishop in that case as he might haue done according to M. Attorneys assertiō No For the words of Mathew Paris immediately following are these Rex autem licet inuitus reatum suum intelligens remisit Hubertum ad Capellain vbi captus suerit à militibus armatis restituitur ab ijsdem quint◠Calendas Octobris The King though against his will perceiuing his owne fault sent backe Earle Hubert to the Chappell againe where he was restored vpon the fifth day before the Calends of October by the same armed souldiars that had drawne him from thence And the same Author addeth that the Kings anger was so great as he commaunded the Earles of Hartford and Essex to set souldiars about the said Chappell that no meate might be giuen him vntill he rendred himself And not many dayes after this the said Earle Hubert being carried from that Chappel vpon composition vnto the castle of Vise in the Diocesse of Salisbury he by help of two souldiars that kept him escaping thence got into a Parish Church neer by out of which being taken by the Kings officers Robert Bishop of Salisbury excommunicated them altogeather with their aiders and defenders and then went to the King in companie of other Bishops to denounce vnto him the said sentence who after much resistance yeelded saith our Author Et in eadem Ecclesia concedente sed inuito Rege remissus est 15. Calend Nouemb. And so the said Earle Hubert was sent backe againe out of the said Castle vnto the Church the King yeelding thervnto though against his will vpon the 15. day before the Calends of Nouember in the yeare 1232. 35. The next yeare after this againe the forsaid Roger Bishop of London hauing been at Rome returned to Douer found there VValter Bishop of Carleile in his iourney towards Rome hauing appealed to the Pope against K. Henry for certaine iniuries offered him and to his Church as he pretended and albeit the King did not let or forbid his repaire to Rome yet shewing himself much displeased therewith his officers at the port handled him verie discourteouslie and denied him passage without the Kings licence which the said Bishop of London seeing excommunicated all the Kings officers that had parte in that violence and then going to Hereford where the King at that time lay with a great army to inuade VVales and taking certaine Bishops with him they tolde his Maiesty of the abuse committed Which when the K. seemed not to care for or not willing to redresse they renewed there againe in the Kings presence the sentence of excommunication against the said malefactors and all those that assisted or fauoured them Non mediocriter Rege murmurante saith our Author ne talem ferrent sententiam prohibente The King not a little repinning and forbidding them to pronounce any such sentence So as heere we see commaunding without obaying in spirituall matters meeteth with M. Attorneys conclusion that to commaunde and to bee obaied belongeth to soueraignty and supreme gouernement 36. And yet further the next yeare ensuing which was the 18. of K. Henries raigne the King being highlie offended with the Earle Marshall of England for entring into a certaine Castle of his owne by force Praecepit Episcopis cunctis vt Mariscallum nominatim excommunicarent Sed illi è contrae communiter dixerunt Indignum esse quia Castellum quod suum fuit occupauit The King commaunded all the Bishops being gathered togeather in Parlament to excommunicate by name the Earle Marshall But they answered him with one voice to the contrarie that hee deserued it not for so much as he had taken but his owne Castle And heere againe we see cōmaunding without obaying in spiritual affaires And if the King had thought himself to be supreme in Ecclesiasticall authoritie he might haue excommunicated the Marshall himself without depending of his Bishops 37. And a few dayes after this againe vpon the yeare 1234. the holy man Edmund that afterward was canonized for a Saint being consecrated Archbishop of Canterbury at which consecration the King himself was present with his nobility and 13. Bishops as our Author recounteth the said Archbishop after his consecration consulting with the said Bishops nobility about the pittifull State of the Realme deuided in it self by the Kings euill gouernment that followed the counsaile of Pictauians and other strangers the said Archbishop went to the King laid the inconueniences before him humbly besought him to take the true remedy which was to dismisse those strangers and if he would not he should be forced to vse Ecclesiasticall Censures against them Et ipse in cōtinenti cum omnibus qui aderant Praelatis in
iudge of such possessions as depend of legitimation we commaund your brotherhoods that leauing the iudgment of the said possessions to the King and his Courts you examine onlie the principall cause concerning the loialtie of the marriage it self and determine the same 43. Heerby then wee see first that M. Attorney alleadging this instance hath alleadged nothing at all against vs or for himself For that when the Earls and Barons refused to change the laws of England concerning inheritance vpon legitimation they said no more then is allowed them by the Canon-law it self as you haue heard And how will M. Attorney inferre of this that K. Henry the third held himself to haue supreme authority ecclesiasticall for that this must be his conclusion out of his instance or els he saith nothing 44. And it shall not be amisse to note by the way how these men doe vse to ouer-lash in their asseueratioÌ„s to help their feeble cause thereby By the auncient Canons and Decrees of the Church of Rome saith he the issue borne before solemnization of marriage is as lawfull and inheritable marriage following as the issue borne after marriage But this is not sincerely related For the Canon-law as you haue heard putteth diuers restrictions both in the persons to be legitimated and in the ends and effects whervnto they are legitimated as also concerning the Countries Kingdomes wherin they are legitimated Of all which variety of circumstances and considerations M. Attorney saying nothing his intention therin may easily be ghessed at And so much for this matter OF THE LIVES AND RAIGNES OF KING EDVVARD The first and second Father and sonne And what arguments M. Attorney draweth from them towards the prouing of his purpose CHAP. XI HAVING now come downe by orderly descent of seauen hundred yeares more of the raignes of our Christian English Kings shewed them all to haue byn of one and the self same Catholicke Roman religion comforme also in the point of this our controuersie about the acknowledgement and practise of the spirituall power and authoritie of the Sea Apostolicke in England concerning ecclesiasticall affaires And hauing declared the same so largely as you haue heard in three Henries since the Conquest of famous memory and authoritie aboue the rest and the last of them author also and parent of all Statute-law in our Realme we are to examine now in order three Edwardes lineally succeeding the one to the other and all three proceeding from this last named Henry Vnder which Edwardes and their ofspring M. Attorney preteÌ„deth more restraint to haue byn made in some points of the Popes externall iurisdiction then vnder former Kings which though it be graunted vpon some such occasions as after shal be shewed yet will you fynd the matter far shorte of that conclusion which he pretendeth to maintayne that hereby they tooke vpon them spirituall soueraingty in causes Ecclesiasticall You shall see it by the triall OF KING EDVVARD THE FIRST VVhich vvas the nynth King after the Conquest §. I. 2. When King Henry the third dyed his eldest sonne Prince Edward was occupied in the wars of the Holy land being then of the age of thirty three yeares who hearing of his Fathers death retourned presently homeward and passing by the Citty of Rome found there newly made Pope Gregory the tenth called before Theobald with whome in tymes past he had familiarly byn acquainted whiles he was Legate for his predecessor Vrbane the fourth in the said warrs of the Holy-land who receaued him with all honour and loue and graunted vnto him saith Stow the tenth of all Ecclesiasticall benefices in England as well temporall as spirituall for one yeare the like to his brother Edmund for an other in recompence of their expences made in the Holy-land Whervpon when the next yeare after the said Gregory called a generall Councell at Lions in France which was the second held in that place of aboue fiue hundred Bishops and a thousand other Prelates King Edward sent also a most honourable embassage thither both of Bishops and Noble-men 3. This King Edward beginning his raigne in the yeare of Christ 1272. continued the same for almost 35. yeares with variable euents For as he was a tall and goodly Prince in person high in stature and thereof surnamed Long-shanke so was he in mynd also no lesse war-like haughty earnest and much giuen to haue his owne will by any meanes whatsoeuer when once he set himself theron though yet when he was in calme out of passion he shewed himself a most religious and pious Prince 4. Of the later may be example among other things his speciall deuotion to the Blessed Virgin mother of our Sauiour which both Mathew VVestminster and VValsingham doe recount from the very beginning of his raigne doe coÌ„tinue the same throughout his life by occasion of many strange and miraculous 〈◊〉 from imminent dangers which himself ascribed to the said dâ—uotion and to our Blessed Ladies speciall protection Wherevnto may be referred in like maÌ„ner the piety of the said King shewed in diuers other occasions As first of all when in the first yeare of his raigne he voluntarily set forth published and confirmed the Great Charter made by his Father in fauour of the Church saying as in the said Charter is to be read Pro salute animae nostrae animarum antecessorum successorum nostroruus Regum Angliae ad exaltationem Sanctae Ecclesiae emendationem Regni nostri spontanea bona reluntate nostra dedimus concessinius c. We haue giuen and graunted freely of our owne good will this Charter for the health of our soule and of the soules as well of our predecessours as successours Kings of England to the exaltation of holy Church and amendment of our Kidgdome c. 5. And the like piety he shewed in many other occasions in like manner as namely when he being in his iourney with a great army towards Scotland and his wife Q. Eleanor daughter to King Ferdinand the third of Spaine surnamed the Saint a most vertuous religious Lady falling sicke dying neere the borders therof he leauing his course retourned backe with her dead body to London Cunctis diebus vitae suae eam plangebat saith Walsingham Iesum benignum iugis precibus pro ea interpellabat eleemosynarum largitiones Missarum celebrationes pro ea diuersis Regni locis ordinans in perpetuum procurans The King did bewayle this Queenes death all the dayes of his life and did by continual prayers call vpon mercifull Iesus to vse mercy towards her ordeyning great store of almes to be giuen for her as also procuring Masses to be said for her soule in diuers partes of the Kingdome 6. And moreouer in all the places where the said body rested as it came to London he erected great goodly crosses in her memory Vt à transeuntibus saith VValsingham
pro eius anima deprecetur that such as passed by seing that crosse might pray for her soule And moreouer in particuler Stow out of auncient recordes doth affirme the said King to haue bestowed two mannors and nyne hamlets of land vpon the monastery of VVestminster for the keeping of yearely obits for the said Queene and for money to be giuen to the poore in almes 7. I leaue to speake of many other such actions of his as that he procured amongst other things the solemne most honourable translations of the bodyes of three English saints in his dayes S. Richard Bishop of Chichester S. Hugh Bishop of Lincolne and S. VVilliam Archbishop of Yorke He consented also and concurred that Q Eleanor his mother should leaue her Princely state and dignity and to be veyled Nunne in the Monastery of Almesbury and enioy her dowry which was great that she had in England all dayes of her life which was also confirmed to her by the Popes authority saith Mathew VVestminster yea and soone after he consented in like manner that his owne dearest daughter the Lady Mary also to whom he had designed a great and high state by marriage should follow the like profession of religions life in the same monastery though in this later he had much more difficulty to wynne himself to consent thervnto then in the former 8. And finally this other act also may be added for a full complement of his piety when he was in good tune which is recorded by the said Mathew of VVestminster that liued at the same time and perhaps was present that in the yeare of Christ 1297. which was the tenth before he dyed being to passe ouer the seas towards his warrs and hauing extremely vexed his people both spiritualty and temporalty with heauy exactions for the same and in particular broken grieuously with Robert VVinchelsey Archbishop of Canterbury he being now ready to departe called all the people togeather vpon the 13. of Iuly before the great hall of VVestminster and there standing vp vpon a certayne scaffolde of timber the said Archbishop of Canterbury newly reconciled vnto him remaining on the one side and the Earle of VVarwicke on the other and his little Prince Edward before him Erumpentibus lachrymis saith our Author veniam de commissis humiliter postulauit c. the teares breaking forth he did most humbly aske forgiuenes of his subiects for all that he had committed against them confessing that he had not gouerned them so well and quietly as became a King to doe but had taken their goods from them c. Adding further and saying Beholde I go now to expose my self and my life to danger for you wherefore I aske at your hands that if I returne againe you will receaue me in the place that now you hold me and I shall restore vnto you againe all that I haue taken from you and if I returne not then take this my childe and crowne him for your King Whervnto the Archbishop weeping abundantly answered that it should be so and the people with crying out and casting vp their armes promised fidelity and obedience vnto his ordination So Mathew VVestminster And this for his piety 9. But of the other point of his peremptory and violent proceeding diuers times with his subiects there want not also many examples especially in exacting often and great subsidies at their hands for his warrs of France Scotland and VVales wherin he was continually imployed was the first King in deed that euer brought VVales to be wholy subiect to England Lecline the last Prince therof being taken and slaine and his brother Dauid likewise apprehended and put to death in London by the same K. Edward 10. Alexander also King of Scotland being deceased and all his issue extinguished K. Edward as chiefe Lord tooke vpon him to decide that controuersie for the succession and in the end determined the matter in fauour of Iohn Baliol Earle of Galloway against Robert Bruse Earle of Valenand that pretended the same And albeit the whole nobility and people of Scotland bound themselues by obligation which our historyes doe set downe to stand to the iudgement of the said K. Edward yet in the end they would not but assisted the said Bruse made recourse to Pope Boniface the 8. to prohibite K. Edward to proceed in that matter and to commaund him to surcease from his warrs against Scotland which they pretended to be in the protection of the Sea of Rome and finally after much bloudshed and infinite expences both in this Kings tyme and his successours the of-spring of Bruse preuayled in that Countrey 11. But now as I said in respect of these warrs and many necessityes theron depending K. Edward was forced greatly to presse his people with exactions and to make them forfaite and buy againe their libertyes especially that of Magna charta and of the Charter of Forrest which as voluntarily he set forth and published in the beginning of his raigne as you haue heard so afterward the same not being obserued vpon instant suites of his people and nobility and contributions graunted him for the renouation therof he confirmed it two or three tymes in his life as often reuoked the same againe vntill he had more money And last of all in the yeare 1307. which was the last of his raigne he sued to the Pope for a dispensation of his oath made in that behalfe to keepe the said Charters priuiledges affirming them to be made against his wil by force of his peoples importunity 12. We reade also that in the yeare 1278. and sixt of his raigne he did depriue many famous Monasteryes saith Mathew of VVestminster of their auncient accustomed libertyes namely among others the Monastery of VVestminster wherin he had receaued saith he both baptisme confirmation and coronation and wherin his Fathers and other his auncestours bodyes lay And moreouer in the yeare 1295. he vsed great violence to all Monkes and religious men that were strangers and had their Monasteryes buylded by straungers in England for he tooke their Monasteries and goods from them allowing only to euery Monke 18. pence a weeke for his mayntenaunce for a tyme the next yeare after he commaunded vpon the suddaine all the Monasteryes of England to be searched and all their treasure to be taken violently and to be brought to London to his Exchequer for the charges of his said warrs And two yeares after this againe the same King holding his Parlament at S. Edmunds-bury and demaunding a great contribution of his people the Clergy denyed it pretending a new commaundement and constitution lately made by Pope Bonifacius the eight wherby he did forbid vnder paine of excommunication that any such exactions should be paid by Ecclesiasticall men without consent of the Sea Apostolicke wherat King Edward being offended though he would not contradicte the said constitution yet he
excluded the Clergy that refused to pay from his protection and from the protection of the lawes whereby they being abandoned and exposed to all iniuryes the most of them fell to composition with the King so bought out and purchased their protection againe more deerer then they might haue continued the same by their contribution 13. And as for the Archbishop of Canterbury that stood constant amongst the rest in that denyall Omnia bona eius saith Mathew of VVestminster mobilia immobilia capta sunt in manu Regis All his goods both moueable vnmoueable were taken into the Kings hands And the same Authour doth recount infinite other intollerable vexations laid vpon them that would not agree to the Kings demaunds in those affaires which were accompanyed with such threates and terrors as the Deane of Paules in London named VVilliam Mont-fort comming one day before the King to speake for his Chanons was so terrifyed as he became mute and fell downe dead before him which yet saith out Author moued little the King but that he persisted in his demaundes And one day sending a knight named Syr George Hauering to the Monastery of VVestminster when all the Monkes were there gathered togeather in their Refectory or dyning-place the said knight proposed in the Kings name that they would graunt him halfe their reuenewes for his warrs and if any wil deny this demaund saith he let him stand vp shew himself that he may be handled as one guilty of breaking the Kings peace Whervpon all yeelded saith Mathew of VVestminster and no man would after with so great daunger contradicte the Kings will And thus much of his violent maÌ„ner of proceeding with the Church and Clergy wherevnto I might adioyne many other things as his dryuing out of the Realme the forsaid Robert Archbishop of Canterbury his Statutes made in the last Parlament at Carleile the same yeare he dyed in preiudice of Holy Churches liberty which were the first that are read to haue bin made in that kind and consequently are thought to haue byn a great cause of all the miseryes and calamityes that fell vpon his posterity as after you shall heare 14. But yet all this doth not proue that King Edward denyed or doubted of the Popes spirituall power or tooke the same vpon himself which is M. Attorneys case and conclusion Nay rather they doe shew and proue his acknowledgement of the said authority if we consider them well though in certayne points that seemed to extend themselues to temporall affaires and might be preiudiciall vnto him he sought to decline and auoyde the execution therof But in things meerely spirituall he neuer shewed difficulty As for example that his Bishops and Archbishops went to Rome to receaue their confirmation and inuestitures there and sometymes were chosen also immediatly from thence as when in the yeare 1278. Robert Kilwarby Archbishop of Canterbury was made Cardinall by Pope Nicholas the third and the Monkes of Canterbury by request of the King had chosen his Chancellour the Pope would not admitt him but appointed an other to witt Iohn Peckam Prouinciall of the Franciscan friers in England who being admitted held the said Archbishopricke for 13. yeres vntill he dyed But as for confirmation and inuestitures no doubt can be made but all was to be had from Rome as expresly you may reade of the admission and consecration of VVilliam Archbishop of Yorke In Romana Curia coÌ„secratus saith VValsingam who was consecrated in the Court of Rome in this same yeare of 1278. by Pope Martyn the fourth that succeeded to Nicolas And the same Author affirmeth that the foresaid Iohn Peckam Archbishop of Canterbury being also consecrated in Rome did some two yeares after call a Councell at Reading commaunding all his Suffragan Bishopps to obserue exactly the decrees of the late generall Councell held at Lyons by Pope Gregory the tenth nor did King Edward mislike or repine any thing at this as neither he did at another Councell called by the same Archbishop Peckam in the yeare 1281. wherin he endeauored to force all Abbots and other exempted persons to come to the said Councell but saith Mathew VVestminster the Abbotts of VVestminsters S. Edmonds-Bury S. Albanes and of VValtham appealed from him to the Pope without any mention of the King which had beene iniurious vnto him if he had taken himself to haue had authority and that supreme in Ecclesiasticall affaires 15. Furthermore in the yeare of Christ 1295. being the 22. of King Edwardes raigne when the foresaid Robert VVinchelsey was first chosen Archbishop of Canterbury the sayd King sent him to Rome to be confirmed and consecrated by Pope Celestinus the fifth which soone after gaue ouer the popedome to Bonifacius the eight And three yeares after that againe to wit 1298. the Bishopricke of Ely being voyde and the greater parte of the Monkes hauing chosen the Prior of their Couent for Bishop the other party chose Iohn Langhton the Kings Chancellour who going to Rome by the Kings fauour coÌ„mendatioÌ„ to pleade his cause before Pope Boniface could not preuaile nor yet the Prior but that the said Pope gaue the Bishopricke of Ely to the Bishop of Norwich and the Bishopricke of Norwich to the Prior and the Arch-deaconry of Canterbury to the Kings Chancellour 16. Moreouer in the yeare 1305. when Pope Clement the fifth a French-man borne in the Diocese of Burdeaux was made Pope and came into France in person first of all others translating the Sea of Rome to Auinion where it continued seauenty yeares King Edward sent Embassadours vnto him the Bishops of Lichfield and VVorcester togeather with the Earle of Lincolne presenting vnto him Singula vtensiliae saith Mathew of VVestminster quibus ministraretur ei in Camera in mensa omnia ex auro purissimo All necessary plate for the seruice of his chamber and table of most pure gold And at the same time he sent two new Bishops elected for Yorke and London to be confirmed by him Quos dimisit ad propria consâ—â—â—â—â—tos saith our Authour whome the said Pope Clement sent home againe with their confirmation And finally when not long after the King fell out with the forsaid Archbishop of Canterbury Robert VVinchelsey for that he had shewed himself againe not so forward to follow his will in all things Dictum Robertum Cantuariensem saith VValsingham apud Dominum Papam accusauit Rex Anglia The King of England did accuse the said Robert Archbishop of Canterbury vnto Pope Clement the fifth that he was combyned with his enemyes c. for the which the said Archbishop was cited to appeare before the Pope and suspended from the execution of his office quousque de sibi impositis legitimè se purgaret vntill he should lawfully purge himselfe of the imputations layd against him by the King Whereby we see what authority this King did acknowledge to be in the Pope and Sea of Rome 17.
Chancellour and Treasurer he was only abiured the Realme for euer The Catholicke Deuine 22. This case related out of Brookes Reporte if so it be there for I haue not the booke is but a particular case and shewed only de facto and not de iure whereas M. Attorneys booke notwithstanding is intituled De iure as often I haue and must still put him in mynd True it is that he noteth here in the margent that this was done by the Common-law of England before any Statute made But what reason can he bring or any man imagine why we should beleeue this to wit that this fact of bringing in a Bull of excommunication from Rome against a subiect in those dayes should be adiudged treason by the auncient Common-law of England For a man may demaund what is that CoÌ„mon-law or auncient CoÌ„mon-law not made by Statute nor introduced by any common custome that can be proued How was it made By whome where at what time vpon what occasion For to auouch a Common-law and auncient common-law without beginning author cause occasion or recorde of the introduction therof is a strange Metaphysicall contemplation for that lawes doe not growe vp without beginning but must needs be made or admitted by some Prince or people And whereas we haue shewed from time to time that all our English Princes people haue byn Catholicks from their first conuersion vnto this Kings time and vniforme also in this point of acknowledging the spirituall iurisdiction of the Sea of Rome and nothing more ordinary among them then censures and excommunications from Rome when necessity seemed to require how could this auncient common-law come in vre among them yea and be auncient in K. Edward the first his tyme contrary to the grounds and practise of the religion then in vse and euer before and no mention euer made therof in all antiquity till â—ow by M. Attorney and that only in the ayre as you see 23. Moreouer we read in Mathew of VVestminster that when this King Edward was in his most heat against the Clergy for denying him the halfe of their rents and goods as before hath byn said which they did vpon the prohibition of Pope Bonifacius he fearing least some men might bring in an excoÌ„munication against himself and them of the Clergy that yelded to pay the same and therby had bought his protection againe he only forbad Subpaena incarcerationis ne quis contra ipsum Regem ces qui iampridem suam protectionem quaesiêrant excommunicationis sententiam promulgaret prouocatione sacta pro se ad Romanam Curiam pro ipsis He prohibited vnder paine of imprisonment that no man should publish my sentence of excommunication against the King himself or those that had newly sought his protection yea his Maiesty made a prouocation or appeale also as well for himselfe as for them that stood on his side to the Courte of Rome So as if the King by speciall decree of his owne appointed only the paine of imprisonment for such as should publish any sentence of excommunication against himself for himself also appealed to Rome it is not likely that the auncient Common-lawes of England had made it treason before against the King his crowne and dignity to publish an excommunication against a subiect that was a thing most vsuall in those dayes 24. Well it may be that for repressing the vnquiet spiritts of some particular subiects that vpon light occasions and false suggestions would procure Bulls of excommunication from Rome some order might be taken at that tyme for seuere punishment of them that rashly without shewing the same to Iudges appointed for that purpose should publish the said Bulls in England as we see also at this dâ—y to be obserued in Spaine Naples Sicily France and other Catholike Realmes where no man may publish such things without a view and Placet of the Magistrate appointed to that effect and this not for denying or restrayning the said authority of the Sea Apostolicke but for keeping peace and orderly proceeding among subiects as is pretended and for better enforming his Holines if false suggestions haue byn giuen And that some like order might be at this time in England may appeere in parte by another obiection which M. Attorney hath afterward in the life of K. Edward the 3. saying that in an attachement vpon a prohibitioÌ„ the defendant pleading the Popes Bull of excoÌ„munication of the plaintiffe the Iudges demaunded of the defendaÌ„t if he had not the certificate of some Bishop within the realme testifying the excoÌ„municatioÌ„ c. Wherby it may appeare that priuate men were obliged to shew their Bulls vnto some Bishop before they published the same 25. But howsoeuer this be it is euident by this very Reporte of M. Attorneys text of Common-law cited by himself out of the one and thirtith yeare of King Edward the third which was many yeares after this other case that the bringing in or seruing of a Bull of excommunication against a particular subiect was not held for treason in those dayes Neither did the iudges make any such inference which is like they would haue done if it had byn treason against the King his Crowne and dignity by the ancient Common-lawes of England in the tyme of K. Edward the first aboue fifty yeares before the later case fell out And thus much for law though it might be that de facto in those dayes of suspition when K. Edward feared excommunication as you haue heard some man ad terrorem might be so sentenced by some chief Iusticer or Iudge as would be ready to pleasure the King in all things as most of them were though yet the party were not executed as here is confessed or else that there was some other particular aggrauant circumstance in this facte which here is not set downe though it may be also that the Reader shall find somewhat therof in M. Brookes booke if he looke it ouer out of whome this obiection without all circumstance is so barely cited And thus much of this first instance Now let vs contemplate the second as wise no doubt as the former The Attorney The said King Edward the first presented his Clerke to a benefice within the prouince of Yorke who was refused by the Archbishop for that the Pope by way of prouision had conferred it on another The King thervpon brought a Quare non admisit The Archbishop pleaded that the Bishop of Rome had long time before prouided to the same Church as one hauing supreme authority in that case and that he durst not nor had power to put him out which was by the Popes Bull in possession For which his high contempt against the King his Crowne and dignity in refusing to execute his Soueraignes commaundement fearing to doe it against the Popes prouision by iudgement of the Common-law the lands of his whole Bishopricke were seased into the Kings handes and
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 〈◊〉
strangers that had benefices or Ecclesiasticall liuings within the Realme both religious and other To which consideration he had these particular motiues peculiar to his time and state that he hauing for some yeares before proclaimed himself King of France and taken the Armes and Title of that Kingdome vpon him as due vnto him by succession for that he was next heire male in bloud to King Philip the 4. surnamed the faire that by his mother Queen Isabel was his Grandfather and all the Popes at that time being French-men and lying at Auinion in France for seauenty yeares togeather and the most parte of the Cardinals and Courte being in like manner of the same natioÌ„ that were ordinarily prouided by the Popes of benefices and Bishopricks in England and therby not fit as was pretended to teach preach or reside there King Edward besides the regard of other inconueniences entred into ielousie also of state thinking that these men were enemyes to his pretences in France and therevpon was the more pricked to make the prohibitions and lawes which he did 4. But yet writing first therof to the Pope himself in most humble and dutifull manner requesting redresse and remedy immediately from that Sea as by his letters yet extant doth appeare vpon this occasion saith VValsingham for that Pope Clement the 6. which once had byn Archbishop of Roane in Normandy a man of eminent learning but of profuse liberality made prouisions vnto two French Cardinals for their maintenaunce of two thousand markes a yeare vpon Bishopricks and Abbeys in England without the Kings knowledge or consent wherwith he being much offended commaunded first the Procurators of the said Cardinals to surcease and departe the land vpon paine of imprisonment then wrote vnto the said Pope that famous letter saith our Author for the liberty of the Church of England which he and others doe set downe The Title wherof is this Sanctissimo in Christo Patri ac Domino Domino Clemanti diuina prouidentia Sacrosancta Romana Vniuersalâ—◠〈◊〉 Summo Pontifici Edwardus eadem gratia Rex Francia Anglia c. â—â—â—uota pedum oscula beatâ—rum 5. This is the Title and inscription of his letter whereby wee may see what account he made of the Sea Apostolicke and Bishop thereof And in the prosecution of the said letter he layeth downe first how all the Bishopricks Prelacyes and benefices 〈◊〉 England being founded by the deuotion of Christian Kings â—ishops and Noble-men therof to the end that the people might be instructed the poore releiued the Churches serued the Princes assisted by Counsaile and help of the said Prelates according to that we haue heard touched before in the Statute of Carliele vnder this mans Grand-father and otherwise often repeated vpon other occasions all these good ends were said now to be euacuated by that the Sea Apostolike reseruing the collâ—tions of such spirituall liuings to the Courte of Rome vnfit men strangers for the most parte were preferred and therby English-men discouraged and damnified the patrons of benefices depriued of their right of presentation many other such inconueniences ensued 6. Wherfore considering all these points saith the King Pâ—â—sata etiam deuotionis plenitudine quae domus nostra Regia Clerus â—â—pulus dicti Regni perstiterunt hactenùs in obedientia Sedis Apostolica c. Considering also the fulnesse of deuotion wherwith our Kingly family as also the Clergy and people of our Realme haue pâ—â—seuered hitherto in the obedience of the Sea Apostolicke it seemeth right that you as a Father prouiding for his children should with paternall affection alleuiate the burthens of your said children and permit for the time to come that Patrons of benefices may haue that solace as to present fit persons without impeachment to the said benefices wherof they are patrons and that Cathedrall Churches others of the said Kingdome may be prouided of Pastors by free elections c. Wherfore we â—â—seech your Benignity to vouchsafe euen for the honour of God and saluation of soules and for the taking away of the foresaâ—â— scandals and offences to put quickly some whole-some temperament vnto these matters to the end that wee who doe â—â—â—rence as wee ought to doe your most holy person and the holy Roman Church in paternae vestra dilectionis dulcedine quie scamâ—â— may rest in the sweetnes of your fatherly loue towards vs. 〈◊〉 â—â—â—â—lissimus ad regimen Ecclesia Sua Sancta per tempora prospera lonâ—â—â— The most high God preserue you to the gouernment of his holy Church for many and prosperous years Giuen at VVestminster the 26. day of September vpon the 4. yeare of our Raigne ouer France and 27. ouer England 7. Heere we see with what respect to the Sea Apostolicke King Edward pretended to make the restraints which he made of prouisions from Rome and to shew more his confidence and acknowledgement toward the said Sea he sent soone after the very same yeare vnto the said Clement the 6. a most honourable Embassage by Henry Earle of Lancaster and Derby as also the Earls Spenser and Stafford togeather with the Bishop of Oxford to treat with the said Pope and lay before him the right which he pretended to the Crowne of France though not in forme of iudgement or to put the matter in triall saith VValsingham but as to a father and friend he hauing 4. yeares before that written largly of the ground of his said right vnto this mans predecessour Pope Benedictus the 11. and to the whole Colledge of Cardinals himself being then at Antwerpe vpon the 16. of Iuly Anno Domini 1339. and 13. of his Raigne 8. His epistle to the Pope had the same title which the other before and that to the Cardinals Amabilium Deo patrum Sacrosancta Romana Ecclesiae Cardinalium Collegio venerando c. In the prosecution of which letter to the Pope after a large demonstration of his title he hath these words Non igitur apud vestrae viscera misericordia Sanctitatis locum inueniat detrahentium informatio amula c. Let not therefore the emulous informations of detractors find place in the bowells of your mercie and Holines against such a sonne of yours as by hereditary right of all his progenitors doth and will for euer immoueably persist in your obedience and in the obedience and grace of the Apostolicke Sea c. And we doe intimate this processe of our iustice to the said Crowne of France and of the iniury done against vs by detayning the same vnto the preheminence of your holy Highnes that by your supreme and holy measure of right and equity whervnto belongeth vpon earth to open and shut the gates of heauen and to whom appertaineth the fullnesse of power supereminency of tribunall you will fauour our right so much as reson requireth Parati semper ne dum à vestro sancto cunctis presidente iudicio
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
cases of heresie hath no substance in it at all for so much as you see it was directed by the Canon law long before K. Henry was borne 15. Wherefore to his last instance that the Pope cannot alter the laws of England I answere it is true touching temporall laws for they are to be made or altered by the English Prince and Parlament but Ecclesiasticall laws of the Church if they be positiue not deuine he might in all those auncient times vpon iust causes alter as I thinke M. Attorney will not deny and then by good consequence if it be true which euery where he striueth to proue that Ecclesiasticall laws though made by the Pope are laws also of England and may be called English lawes when they are admitted in England it followeth I say against himself in this assertion that the Pope might alter the lawes of England in that he might alter those Canon-lawes that were admitted in England thereby made English lawes The Attorney 1. The Iudges say that the Statutes which restraine the Popes prouisions to the benefices of the aduowsons of spirituall men were made for that the spiritualty durst not in their iust cause say against the Popes prouisions so as those Statutes were made but in affirmance of the common laws 2. Excommunication made by the Pope is of no force in England and the same being certified by the Pope into any Courte in England ought not to be allowed neither is any certificate of any excommunication auailable in law but that is made by some Bishop in England for the Bishops are by the common laws the immediate officers ministers of iustice to the Kings Courts in causes Ecclesiasticall 3. If any Bishop doe excommunicate any person for a cause that belongeth not vnto him the King may write vnto the Bishop and commaund him to assoile and absolue the party 4. If any person of religion obtaine of the Bishop of Rome to be exempt from obedience regular or ordinary he is in case of Premunire which is an offence as hath byn said contra Regem Coronam Dignitatem suam The Catholicke Deuine 16. I haue conioyned three or foure obiections togeather for that indeed all make not the due waight of one Wherfore to the first I answere that little it importeth to our controuersie what those Iudges said why the Statutes were made against the Popes prouisions in affirmance of the Common-laws for this may be said of euery new Statute whatsoeuer that it is made in affirmance of ancient Common-law albeit the said law supposed to be common no where appeare nor any reason proofe or probability be alleadged why it should be Common-law before that fact or Statute appeared So as this Common-law is now by M. Attorney made so common as it cometh to be Ens transcendens embracing all that is or can be deuised by any of his Iudges or Reuerend Sages or rather he maketh it Ens rationis or a meere Chymera that as Logitians hold hath no essence or being at all à parte rei but only in imagination For seing that the Popes prouisions had endured in England for so many ages before as all doe and must graunt how may the common law be presumed all that while to haue byn against the same yet no mention euer made therof These are morall impossibilityes to say no more 17. The second point doth answere it self and we haue touched the same before that by agreement in England the Popes Buls of Excommunication when they were sent should not be admitted ordinarily but by the certificate of some Bishop of England for preuenting the fraudes or false suggestions which particular men might vse therein And wheras M. Attorney heere againe saith that the Bishops are by the Common lawes the immediate officers and ministers to the Kings Courtes in causes Ecclesiasticall he runneth againe to his old Chymera of imaginary Common lawes For where is this Common-law that maketh Bishops to be officers and ministers to the Kings Courts in causes Ecclesiasticall For if the Common-law or Iudges thereof cannot so much as heare or take conusaunce of any spiritual causes belonging to Bishops Courts as often M. Attorney affirmeth in this his booke how much lesse can it or they by vertue therof appoint Iudges or make them officers in those spirituall Courts which haue their authority from the Canon and not Common lawes 18. To the third obiection little answere is needfull For who seeth not but that euery King in his Kingdome may commaund all â—â—â—es of people to doe their duty to surcease from wrong And so if a Bishop for a cause not belonging vnto him should excommunicate any the Prince may commaund him to absolue 〈◊〉 party whome vniustly he hath excommunicated if the iniustice bee so apparant as heere is presumed But M. Attorney should haue proued that the King himself might haue absolued him as in truth he might if he had Superiour authority to the Bishop in Ecclesiasticall causes as he may absolue immediately by himself all that are censured or sentenced adiudged or condemned by his Chauncellour lay Iudges or temporall officers and ministers nor hath he need to send the party to be assoiled by them or to will them to doe it as heer he doth the Bishop but might doe it himself or by some other giuing him authority thervnto which yet neuer King of England did attempt before King Henry the 8. 19. To the 4. braunch is answered that by good reason it was agreed that no religious man hauing made his vow of obedieÌ„ce in England should seeke to Rome for exemption therof without proposing his causes first in England it self for that otherwise vpon false informations suggestions of the party against his Superiours many troubles and inconueniences might follow by such exemptions and this is that which is touched in the Statute it self here alleadged affirming that no man shall goe to Rome for that which may be determined in England c. And now consider I pray you what all these foure instances laid togeather doe weigh in poyse of good reason But let vs see further 20. A fourth instance of M. Attorneys is taken out of a Statute of the 6. yeare of K. Henry the 4. where the commons doe againe make complaint of other new aggreiuances by the Courte of Rome to wit that such as are to be preferred to Bishopricks Archbishopricks and other Prelacyes cannot be admitted vntill they haue compounded with the Popes Chamber for paying of the first fruites of the said benefices and other dutyes required vvhervpon the King saith the Statute by the aduise and assent of the Great men of his Realme in Parlament and note that he nameth not heer the spirituall Lords did ordaine that whosoeuer should pay heerafter to the said Chamber or otherwise for such fruites and seruices greater summes of money then had byn accustomed in time past
the same was taken from him soone after togeather with his life by the cruell ambition of Richard Duke of Glocester brother to the deceased King so little motion made his oration and protestation against ambition at his death in the heart of him that was so furiouslie set vpon the same and desired to bee in his place 2. This man entring then with such boisterous and vnnaturall iniquitie of the slaughter of two of his Nephews continued that violent gouernment for two yeares and some what more though with many afflictioÌ„s both inward and outward and finallie lost it againe with the losse of his life and proued with a shorter experieÌ„ce then his brother King Edward had done before him how much more paine then pleasure that place brought to the violent possessor especiallie if iniustice goe with it which is the cheife origen and fountaine of all disasterous small successe 3. This man therefore being taken away by the sword of Henrie Earle of Richmond called afterward King Henrie the seauenth he held the same for 24. yeares with different successe in different times for that the former parte of his raigne wanted not waues and sourges and some troublesome motions as in reason it could not so manie great tempests and fierce stormes hauing inquieted the sea before But the later parte of his raigne was more calme milde and sweet hee hauing partlie by his ofspring and linage and partlie by his marriage stopped that great breach and inundation of miseries that brake into our Realme by the diuision of the two howses of Lancaster and Yorke and partlie also by his prudent moderation and gouernment of the Crowne so calmed and quieted mens minds humours and passions as they tooke delight to liue in peace and in this state he left his Realme to his heire and successor King Henrie the eight 4. These foure Princes then succeeding ech one the other in the Crowne of England and holding the same between them for the space of 50. yeares togeather excepting one or two though one of them were not crowned but ought to haue byn which was King Edward the fifth another was crowned that should not haue byn to wit King Richard the third howsoeuer otherwise in regard of linage family faction pretention or succession they were opposite or different one from another in affection iudgement or action for temporall affaires yet in profession of religion were they all one all and euery one of them professing the same faith and holding the same forme of Christian Catholicke religion which all their auncestors had done both before and after the Conquest And this not only in other matters but in the very point also of our controuersie concerning the practice and acknowledgement of the soueraigne spirituall authority of the Church Sea Apostolicke of Rome which may breifly besides all other means be demonstrated by these reasons following 5. First for that none of them was euer noted for the contrary which they would haue byn eyther by freinds or aduersaryes if any such occasion had byn giuen by them especially in that great and bloudy contention between the two houses of Yorke and Lancaster wherin both partes did desire to haue the fauour and approbation of the Sea Apostolicke and good opinion of the Clergy at home And if any least signe or signification had byn giuen by any of these Princes of different iudgment or affection in this behalfe their aduersaryes would haue vrged the same presently to their preiudice and disgrace which we read not to haue byn done 6. Secondly the practice of the said authority and iurisdiction of the Sea Apostolicke vsed vnder these Kings as vnder all former except only the manner of execution in two or three particular cases before mentioned that were conioyned with temporalityes doth euidently conuince the same as namely that all English Bishops Archbishops and other Prelates being elected or nominated to any dignity had euer their Buls and confirmation from Rome and the Metropolitans their palls The Archbishops also of Canterbury that liued with these Kings Thomas Bewser Iohn Morton Henry Deane and VVilliam VVarham who was the last Catholicke Archbishop that held that Sea immediatly before Thomas Cranmer All these I say besides other points of testifying their obedience and subordination to the said Sea did according to the auncient stile of their Catholicke predecessours write themselues Legats of the Sea Apostolicke as may be seen in Fox and other Protestant-writers in relating their commissions in sitting vpon hereticks c. 7. Thirdly the said Iohn Fox doth sett downe in his storie of Acts and Monuments more wickcliffian Sectaries and Lollards to haue been condemned and burned vnder these Princes then commonly vnder anie other before which Sectaries as is knowne did principallie impugne the spirituall authoritie of the Sea of Rome which thinge it is likely the said Princes would not haue done or permitted if they had been euill affected themselues that waie And the said Fox in the end of King Henry the 7. his life doth set forth many painted and printed pageants of the Popes Greatnes in those daies more then euer before 8. And finally not to labour more in a matter so manifest and cleere of it self there was neuer more intercourse between England and Rome for spirituall affaires then vnder these Princes to witt for inductions and inuestitures to all spirituall iurisdiction as hath been said for dispensations indulgences interpretations in doubtfull matters priuiledges franquises Charters for confirmation of Churches Chappels Colledges or Monasteries that were buylded diuers Embassages also were sent to Rome and speciall Legats were sent to England vpon particular vrgent occasions And as these kings had allwaies their Orators ledgers in that Court so had the Popes of that time their ordinarie Nunciâ—s yea and Collectors also of their temporall commodities in England as wee may read in Polidor who among others commeÌ„deth highly the learned Cardinal Hadryan who had been the popes Collector vnder K. Henry the 7. as himself also was vnder K. Henry the 8. This then maie bee sufficieÌ„t for some generall notes and proofes of this truth for that to prosecute particulars in this Kind were ouer tedious Now then shall wee passe to peruse and answere briefly the instances which M. Attorney citeth out of the raignes of these Kings as little to his purpose as the former Instances out of the raigne of K. Edvvard the fourth the sixtenth King after the Conquest §. I. The Attorney 6. In the raigne of K. Edward the 4. the Pope graunted to the Prior of S. Iohns to haue Sanctuarie within his Priorie and this was pleaded and claimed by the Prior but it was resolued by the Iudges that the Pope had no power to graunt anie Sanctuarie within this Realme and therefore by iudgment of law the same was disallowed The Catholicke Deuine M. Attorney repeateth still the word Law to shew thereby that he
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
should bee able to get authoritie ouer so manie other Bishops his equals throughout so manie and different nations so far off from him and so little fearing his temporall power or that so manie People Citties Kingdomes Common-wealths Prouinces and Nations would bee so prodigall of their owne libertie as to subiect themselues to a forraine Priest as now so manie ages they haue done or to giue him such authoritie ouer theÌ„selues if he had no right therevnto at all 7. But what shall I stand to dispute with Luther in this matter Or what importeth it what he saieth or beleeueth therin for so much as through anger and enuie he knoweth not himself what he thinketh or saith but declareth well the saying of the Apostle to be true in himself Cor ipsius insipiens obscuratum itaditumque in reprobum sensum That his foolish heart is darkned and deliuered ouer vnto a reprobate sense So King Henry pronouncing as you see a heauy iudgment against Luther now and himself afterwarde when he fell into the same darknes and not only obscuritie of vnderstanding but inconstancie also of proceeding which heer so eagerly hee obiecteth to Luther for this he writeth of him Quis non eius miretur inconstantiam c. who will not wonder at Luthers inconstancie for a little before he wrote in his bookes that the Papaltie though it were not by diuine right yet was it by humane to witt by humane consent for the publik good of the Church and therevpon condemned and detested the sect of the Hussites in Bohemia for that they had cut themselues off from the obedience of the Roman Sea affirming that they sinned damnably whosoeuer obaied not the Pope This he wrote verie lately since his fall from Catholicke religion but now he is run into that which then he so much detested And like inconstancy he hath shewed in another point also which is that hauing preached of late in a certaine Sermon to the people that the Popes excommunication was to bee obaied and patiently be borne as a medecine in a disease WheÌ„ himself afterwards was most worthily excommunicated he tooke that sentence of the Pope so impotently as seeming to be mad or fallen into rage he brake forth into such contumelious speaches and blasphemies as no Christian eares can abide to heare the same so as by his furie he hath made it euident Eos qui pelluntur gremio matris Ecclesia statim furijs corripi atque agitari daemonibus That those which are cast out from the lap of their mother the Church are taken presently with suries and vexed with diuells Thus far K. Henry and much more to this effect which for breuityes sake I pretermit 8. And now let vs with greife of mind some terror of conscience looke ouer and reflect vpon that which happened afterward vnto this King himself and into what extremes of passion and choller he fell in his writings and Statutes against this very Supremacy of the Pope when he was excommunicated by him which heere he defendeth against Luther though in other points of doctrine he remained still opposite to Luther euen vnto his dying day 9. It is worthy the noting also what mutability and inconstancy he vsed not only in the whole thing to wit in dâ—â—â—ing the Popes Supremacy but in the very manner also of falling into that extremity For first for many yeares after the writing of this his booke which was in the yeare of Christ 1521. he continued so deuout and obedient to the said Sea of Rome as no King in Christendome more as may appeare by the mutuall good offices of loue friendship that passed between them And when six yeares after this againe Rome was spoiled by the army of the Duke of Burbon Pope Clement the seauenth held as besieged in the Castle of S. Angelo no King or Prince of Christendome was more forward in the ayd of the said Pope then K. Henry of England as may appeare by his great and famous Embassadge sent that very yeare into France by Cardinall VVolsey about that matter in the yeare 1527. to draw the King of France into the association of that aid and help 10. And when againe the next yeare after King Henry began to moue his doubt or question about the lawfullnes of his marriage with Queene Catherine he referred the whole matter to Rome and procured Iudges to be sent from thence as namely Cardinall Campegius that was directed from Rome the selfsame yeare into England for Legat with like commission for Cardinall VVolsey to be ioyned with him as deputyes from Pope Clement to heare and iudge the matter before whome sitting in iudgment both K. Henry and Queen Catherine being cited personally to appeare they made their appearance in the Church of the Black-Friars in London in the moneth of Aprill anno Domini 1529. which was the one and twentith of King Henryes raigne And albeit King Henry being offended that by this means of these two Legats the Pope accepting of the Appeal of Queen Catherine recalling the matter to himself he could not haue his wil did put from his fauour soone after Cardinall VVolsey when the other was departed and brought him to the miserable end which is well knowne yea condemned for his sake the whole Clergy of England in a Premunire that is to say the losse of all their goods which afterward they redeemed with a submission and payment of a hundred thousand pounds for that they had acknowledged the said Cardinals Legantine authority which himself had procured from Rome yet did not he for this surcease to send other Embassadours to continue the solicitation of the same suite of diuorce in the said Court of Rome and namely among others Doctor Stephen Gardâ—â—â— the Kings chiefe Secretary soone after made Bishop of VVinchester who was sent thither as Stow and others doe testifie presently after the departure of Cardinall Campegius in the same yeare 1529. Neither did King Henry leaue of to hold his Embassadours Lawyers and Procurators there about this matter for two or three yeares after this againe vntill he saw there was no hope to get his diuorce by that means and on the otherside was resolued to marry the Lady Anne Bullen whatsoeuer came of it and so did in the yeare 1533. and 24. of his raigne 11. Thus then you see the beginning and progresse of the cause of King Henryes breach with the Sea Apostolicke which probably would neuer haue byn if he could haue obtained his will that way but falling into despaire therof tooke resolution to cut the knot which otherwise he could not vndoe But the manner of his proceeding may be best seen by two Acts of Parlament set downe heer by M. Attorney the one of the 24. the other of the 25. yeare of King Henryes raigne for that in the former which was in the yeare of his marriage with Lady Anne Bullen as hath byn said he prohibited
all appeals in causes Ecclesiasticall to the Court of Rome reducing all spirituall authority of determining the same vnto the body spirituall of the English Clergy for so the words of the statute are The body spirituall of the English Church saith he hauing power when any cause of the law diuine happened to come in question or of spirituall learning c. to declare and determine all such doubts to administer al such offices duties as to their roomes spiritual did appertaine without the intermedling of any exteriour person or persons c. Wherby it appeareth that by this Statute he reduceth all spirituall power to a certaine community of the Ecclesiasticall body of England but in the second Statute that followed in the yeare after against suing for licences dispensations facultyes graunts rescripts or delegacyes to Rome he seemeth to establish all authority in the Archbishop of Canterbury that was then Thomas Cranmer newly made by himself for allowing of his marriage with Lady Anne Bullen for so he saith in the statute That the Archbishop of Canterbury for the tyme being and his successours shall haue power and authority from tyme to tyme by their discretions to giue graunt and dispose by an instrument vnder the seale of the said Archbishop vnto the King and vnto his heirs successours Kings of this Realme as well all maÌ„ner of such licences dispensations compositions facultyes graunts rescrips delegacyes instruments and other writings for causes not being contrary or repugnant to the holy scriptures and lawes of God as heertofore had byn vsed and accustomed to be had and obtained by the King or any his most noble progenitors or any of his or their subiects at the Sea of Rome or any person or persons by authority of the same c. 12. Lo heer King Henry giueth authority to the Archbishop of Canterbury to giue vnto him to wit to King Henry himself and his successors Kings of England and their subiects all dispensations which they were wont to â—â—ke and obtaine at the Popes hand so as heer he acknowledgeth that in former times that authority belonged to the Pope and that his auncestors and progenitors were of that opinion but that now he being offended with him he would take it from him and bestow it vpon the Archbishop of Canterbury subiecting himself and his inheritours to aske and obtaine the said dispensations at his hands and his successours which was as you see to make Archbishop Cranmer Pope and not himself for this yeare as the whole body of the English Clergy was for the yeare past 13. And wheras it is euident that King Henry gaue this authority to Cranmer for dispensing c. to the end he should dispense with him for marrying of the said Lady Anne Bullen it seemeth strange that he would vse this so ridiculous circuyt as first to giue authority by Parlament to Cranmer to be able to dispense with him to wit with King Henry the giuer and would not take immediatly either by himself or by Parlament authority to himself to dispense with himself But it is well seen that he had some remorse or shame-fastnes therin at the first beginning though the very next yeare after he amended the matter or rather made it worse by assuming it to himself For calling another Parlament vpon the 26. of his raigne he made the first Statute of all with this Title An act concerning the Kings Highnes to be Supreme head of the Church of England and to haue authority to reforme and redresse all errors heresies and abuses in the same Wherby you may see what gradation was vsed in this matter or rather mistery giuing this power first to the Community of the English Clergy secondly to the Archbishop of Canterbury and thirdly to himself and all this in three distinct yeares immediately following one the other 14. And now if mens euerlasting saluation must depend vpon these mutations of spirituall iurisdiction as no doubt they did in thousands of our Countrey at that tyme and if the eternall wisdome of our Sauiour Christ hath left no more certainty for direction of our soules by spirituall gouernement and authority then this of our English Parlament which changeth so often and easely as you haue heard vpon euery Princes particuler inclination then are we doubtlesse in a pittifull plight for that as hath byn declared before of the certainty of this spirituall power for binding or loosing of our sinnes for SacrameÌ„ts instructions directions and all other spirituall helps and assistance in this life dependeth the surety of our euerlasting saluation or damnation in the life to come 15. But to goe forward a little further in this matter now we haue King Henry head of the Church and M. Attorney no doubt is glad therof for helping of his cause though it help it but little or nothing at all it being the first example that euer could be giuen therof in England or elswhere throughout the Christian world and so much the more to be misliked if we beleiue Iohn Caluin in his sharp reproofe of this attempt which he calleth Tyrannicall Anti-Christian But M. Attorney perhaps will not care for Caluin or Beza or any of their followers in this point for that it maketh not to his purpose Well then he must notwithstanding graunt this in all reason that if this supreme authoritie spirituall was wel and rightly and by gods direction spirit and allowance taken vpon himself by King Henry then is it likely that he was guided also by the same spirit afterward in making his decrees laws and ordinances for directing and gouerning the English Church by that authority and especially for reforming and redressing of all errors heresies and abuses therin according to the speciall title of his said authority before set down wherof it followeth that when vpon the 31. yeare of his raigne which was fiue after the said authoritie giuen him hee calling a Parlament determined six mayne and principall articles of protestant religion to bee heresies to witt The deniall of the reall presence of the communion vnder one kind only That Priests may marrie That vowes of chastitie may bee broken That priuate masses are not lawfull That sacramentall or auricular confession is not necessarie appointing them that should hould any of these heresies so coÌ„deÌ„ned by him to be burned as notorious hereticks it followeth I say that this was decreed by him out of the same spirit and direction of god for that otherwise his Ecclesiasticall supremacy had byn to small purpose if there were no certainty in his determinations or that God would permit him to erre so grosly in so importaÌ„t a busines as this was for the whole Church of England so soone after he had ginen him his said supreme authoritie Ecclesiasticall 16. And that this was done by him against the Protestants with great deliberation consultation aduise maturity in the fullnes of his power Ecclesiasticall appeareth
tribunals no one thing in all the libertyes and priuiledges of the Church and Church-men being more ordinary not vsuall nor generally receiued then this though M. Attorney presumeth to affirme heere that this Decree had neuer any force within England which seemeth to me so manifest an vntruth as I marueile he would affirme it so flattly For to let passe all that I haue said before in the second Chapter of this our confutation for the confirmation of the exemptions of Clerks their persons and goods out of the Decrees of auncient Christian Emperours that ratified the Church-Canons in that behalfe and the conformity therevnto of our Christian Kings before the Conquest handled in the 5. 6. Chapters of this booke besides this I say the assertion of M. Attorney may euidently be ouerthrowne by all the laws vse and custome since the said Conquest and namely and expressly by the laws of the Conquerour himself recited before by me in the 7. Chapter of this answere which were continued by all the said Conquerours posterity vntill the tyme of King Henry the 3. when written Statutes had first their beginning namely that of Magna Charta by which lawes and Statutes the said priuiledge and exemption was often and ordinarily ratified and confirmed 21. As for example in the third yeare of King Edward the first sonne to the said King Henry the Statute speaketh thus when a Clerke is taken for guylte of felony and is demaunded by the Ordinary he shall be deliuered to him according to the priuiledge of holy Church on such perill as belongeth to it after the custome aforetymes vsed c. Behold the contradictory words to M. Attorneys that said this decree had neuer any force nor was approued in England The instance also of Bigamyes alleadged before by M. Attorney and answered by vs in the 11. Chapter of this booke vnder the raigne of this King Edward the first doth euidently confirme that which we say and refuteth M. Attorney For that the Kings Counsell refusing there to deliuer certaine felons demaunded by the Prelates in respect only that they were Bigamyes or had byn twice marryed therby were excluded by the generall Councell of Lions from the priuiledge of Clergy-men this I say doth shew that before that Councell Bigamyes also had that priuiledge by the Latin words of the law wherin it is said Praelati tanquam Clericos exigâ—runt sibi liberandos These prelates or Bishops did exact or require those felons to be set free vnto them as Clerks doth manifestly declare that they demaunded it by the knowne law of the land generally receiued in those dayes 22. And conforme to this vnder King Edward the second sonne to the former Edward we find the law to speake in these words A Clerke flying to the Church for felony to obtaine the priuiledge of the Church if he affirme himself to be a Clerke shall not be compelled to abiure the Realme but yeelding himself to the law of the Realme shall enioy the priuiledges of the Church according to the laudable customes of the Realme heeretofore vsed So there where you see that this was no new thing in those dayes 23. And I might ad to this diuers other like Decrees of the succeeding Kings as namely of King Edward the third in the 18. and 25. yeares of his raigne and of King Henry the 4. in the 4. yeare of his raigne vnder whome it is written in the records of Canterbury Church that the Archbishop Arundel seeing this ancient priuiledge of the Clergy to haue byn somwhat weakned by former Kings he dealt with the said King Henry effectually and obtained saith the Register vt vetus Cleri praerogatiua per Regem renouaretur ne Clerici ad Regium tribunal raperentur That the auncient prerogatiue of Clergy-men might be renewed by the King that Clerks should not be drawne to the Kings tribunall And this was a point so notoriously knowne in England in those dayes as when vpon the yeare 1405. in the said King Henry the fourth his raigne the Archbishop of Yorke Richard Scroope togeather with some others of the nobility had risen in armes against him and the King in his choller would needs haue him condemned and executed as he was Gaston the cheife Iustice as Harpesfield noteth out of the said Bishops life and the addition of Poli-chronicon knowing that by the law he could not be condemned by a secular Iudge refused to sit vpon him and so he was condemned by Syr Raph Euers and Syr VVilliam Fulthrop knights authorized therevnto by the Kings armed commission wherof the Clergy greatly complaining Pope Innocentius the seauenth excommunicated the doers and denounced to K. Henry by the Archbishop of Canterbury that he would proceed in like manner against himself if he gaue not good satisfaction in that behalfe but he dying soone after and a great schisme thervpon ensuing in the Roman Church nothing was done 24. But much auncienter then this wee might alleadge diuers examples out of the raignes of King Henry the 3. and Edward the 3. wherof wee haue made mention also in parte before treating of their times as of one Peter Riâ—all who had been Treasurer to King Henry the 3. and being apprehended by the Kings commission and to bee sent to the Tower said to him thus as Matthew Paris writeth Domine Clericus sum nec debeo incarcerari vel sub Laicorum custodia deputari My leige I am a Clerke and therefore I ought not to bee imprisoned nor to bee kept vnder the custody of Laie-men The King answered Te vt laicum hactenûs gesâ—isti à te igitur vt à laico cui meum commisi thesaurum exigo Thou hast borne thy self hitherto as a laie-man and therefore as of a laie-man to whom I committed my treasure I exact an account of the same And for that he was found with armour vnder his Clergie attyre both for this because the Archbishop of Canterburie there present seemed not willing to answere for him he was sent to the Tower yet after two daies saith our author he was deliuered againe thence by the said Archbishop and carried to VVinchester and there left in the Cathedrall Church 25. And some fiue yeares after that againe one Raph Briton a Clerke and Chaâ—on of S. Pauls Church who likewise had been K. Henries Treasurer being accused to the said King of diuers crimes touching treason and by his commission to the Maior of London apprehended and sent to the Tower was by the instance of the Clergie vrging their said priuiledge dismissed Rex dictum Ranulsum saith Paris licet inuitus solui in pace dimitti praecepit the King though vnwilling commaunded the said Raph to bee let forth of prison and peaceably dismissed So as this exemption was no new thing at that time as M. Attorney would haue it seeme And of King Edward the third aboue a hundred yeares after that againe Thomas
the memorie of Queen Marâ—e without mentioning her at all so could I haue done also but that my purpose is to passe through the raignes of all our Princes without ouerpassing of anie And it maie serue also to our purpose to consider therby the broken and interrupted succession of this new headshipp in the Father sonne and daughters For as the Father by his Act had contradicted all his auncestors Kings of England before him from the beginning of their Conuersion vnto his daies so his sonne though succeeding him in the participation of that act yet contradicted him in all the rest that hee decreed touching matters of religion by vertue of that headshipp after him then came th' elder daughter who coÌ„tradicted them both and restored all to the auncient state againe wherin it had coÌ„tinued throughout the race of al her auncestors progenitors of England and Spaine for a thousand yeares and more So as heer M. Attorneys prescription can bee verie small for so much as his whole thrid therof was broken and cut of by Q. Marie and consequently he must begin againe with Q. Elizabeths raigne as the fountaine of all his deduction 32. And for so much as Queen Marie hauing as a deuout obedient and Catholicke Princesse returned al things belonging to religion to their auncient state and coÌ„dition wherin her Father found them and her Grand-father left them shee repealed and mortified all such Statutes of innouations and new deuises as shee found to haue been made vpoÌ„ anie occasion or fansie what soeuer during the time of her said Father and brother reducing her self in obsequium fidei to the humble obedience of that only faith which had been held and practised in Christs vniuersall Church and namely also in England from the beginning vnto her said Fathers daies punishing likewise diuers of the heads and authors of those new innouations and alterations that had been made and mamely and aboue others the chiefe author and instrument of all Thomas Cranmer Archbishop of Canterburie who entring Catholikly as was thought into that dignity was the first Archbishop that euer failed or dissented in his faith froÌ„ the rest or from the obedience and subordination to the Sea Apostolicke and so by gods iudgmeÌ„t came to bee a stange example of a miserable end to bee burned publikly for his heresies and for that in particular against which his noble and learned predecessours Lanfrancus Anselmus and other Archbishops of Canterburie had foughten most famously aboue other learned men when it first sprang vp in Berengarius the first author and inuentor therof in the daies of VVilliam the Conquerour I meane the deniall of the Reall presence in the blessed Sacrament which of all other heresies was most hatefull vnto him for whose sake Cranmer first of all declined to schisme and heresie I meane King Henry the eight yea and to himself also for a tyme after the others death as may appeare by the foresaid first Statute made cheifly by his authority in the first yeare of King Edwards raigne in fauour of the said Reall presence against the Sacramentaryes 33. All which being so euery man may behold what ground or certainty there was in those dayes or is now for men to leave the Catholicke knowne religion and cast the saluation of their soules vpon such alterations as these were For that after Queen Mary who had restored all to the auncient state as hath byn said came her younger sister Queen Elizabeth a Lady of some fiue and twenty yeares of age who by little and little altered all againe agreeing in all points neither with the one nor with the other neither with them that had made the former alterations but brought in a new and distinct forme and fashion of beleiuing worshipping God peculiar to it self in diuers points and differing from all in some Of which innouation by the said younger sister against the elder they being the only two Queens that euer haue raigned in their owne right within our land since the beginning of Christianity we shall now passe to speake a few words and so end this whole discourse of our English Princes and their religion Of the raigne of Queen Elizabeth who was the three and twentith Princesse after the Conquest and last of King Henryes race §. v. 34. This Lady being the daughter of King Henry and Queene Anne Bullen comming to raigne after the foresaid Queen Mary her sister was persuaded to resume and take to her self that supreme spirituall power and iurisdiction which Queen Mary her elder sister had refused and caused to be restored to the place and persons from whom it was taken by her Father and brother And I say she was persuaded therevnto for that it is the opinion of many men that knew her and conuersed with her both before and after her entrance to the Crowne that she had neither great desire to take it at the beginning nor opinion that she might doe it but only that she was told it was necessary to her present state at that time in regard of diuers Popes sentences past against her legitimation the lawfullnes of her Parents marriage and the pretense of the Queen of France and Scotland at that tyme vpon 〈◊〉 supposed desect to the Crowne of England as due to her â—â—ough the others illegitimation 35. For remedy of all which it was made a matter necessary that she should take the said authority Ecclesiasticall from the Pope and Sea of Rome and place it in her self especially when by negociation of some that desired the change it was brought about that the ParlameÌ„t should offer it vnto her vnder this plausiâ—â— Title of An Act for restoring to the Crowne the ancient iurisdictioÌ„ of the 〈◊〉 Ecclesiasticall and spirituall and the act it self so cunningly and â—â—â—ertly penned as before hath byn said as throughout the same â—â—re is not found so much as once mentioned or named The head of the Church which euery-where is iterated vrged in the Statutes that gaue the same power to her Father and brother but in steed therof commeth in the deuise before mentioned of Supreme Gouernesse with authority to visit reforme correct errors heresies câ—â—ses c. And al this for sweetning the matter as a man may say to this Lady at the beginning who besides the other reason of Caluins mislike reprehension therof before mentioned in King Henry the eight had little opinion or appetite of the matter in those dayes not being ignorant for that she was of excellent wit how strange a thing it would seeme in the world to haue one of her sex Supreme in sacred and Ecclesiasticall matters iâ— ijt â—ua sunt ad Deum to vse S. Pauls words in this case that is to say in those things that are to be handled with God for men or between God and man 36. But being tolde by some in good sadnes at that time and M. Attorney offereth to stand to it
one was a worshipfull gentleman of our owne Countrey yet liuing that resided then in that Court and had often conference with the said Monsieur Lansacke about the matter 41. And by all this we may see that the said Queen was drawne to many things against her owne inclination much resistance she made at the beginning for diuers dayes to admit any change of religion and therevpon presently euen before her Coronation she caused proclamation to be made that none should preach saith Stow but such as should be appointed that no rites or ceremonies vsed in the Church should be altered but as it was in her owne Chappell and this to preuent such innouators as she knew would presently be doing if they were not preuented against whom she would often speake bitterly and contemptuously in secret with certaine noble men whom she knew to be Catholicke complayning of their importunity and signifying her owne good affection toward Catholicke people and that she was vrged on by those other far beyond her owne inclination which she declared in like manner by keeping the Crosse and crucifix of Christ in her Chappell for diuers yeares against the bitter exclamations of the said turbulent people wherof the forenamed Doctor Harding giueth testimony also in his said epistle dedicated to herself saying Your constant bearing and vpholding of the banner and ensigne of our redemption the image I meane of Christ crucified against the enemyes of his Crosse your Princely word commaunding a Treacher that opened his lewd mouth againsâ— the Renerend vse of the said Crosse in your priuate Chappell to retire from that vngodly digresâ—â—â— vnto his text of holy scripture c. doth well shew your good inclination So he 42. And all this I haue thought good omitting many other things to this effect to mention in this place for some parte of excuse if it may be of the many and greiuous afflictions laid vpon her Catholicke subiects afterward by her authority for profession of the said faith and religion which herself at the beginning seemed not to mislike And surely her example may be a dreadfull president how far and daungerously Princes may be led by arte and importunity of others if they be not wachfull to resiste them at the beginning For that this Princesse notwithstanding her milde gentle disposition which you haue heard was drawne on by little and little to make more greiuous Statutes Decrees and Ordinances against that parte of her subiects which might haue byn held vnited vnto her then euer perhaps did Prince before her either Pagan or Christian against any sorte of malefactors whatsoeuer 43. And of this let the multiplicity of statutes extant against them be witnes the death of so many Priests and others of that religion yea of her deerest and neerest in bloud that then was liuing togeather with the imprisonments vexations and tribulations of innumerable good subiects for that cause which brought her finally after many troubles and terrours distrusts and iealousies to that melancholike afflicted state of mind wherin she died All which had byn auoided if to vse her owne phrase they would haue let her alone and left her to her owne disposition and mylde inclination but now the accoumpt must remaine vnto herself 44. And so to conclude for so much as these Statutes which M. Attorney doth mention heer to haue byn made by her against Catholickes and principally against the spirituall iurisdiction of the Sea of Rome and braunches therof did not so much proceed of her owne proper inclination and disposition if we beleife the former testimonies as of other mens instigation or if they did they were made in defence of her owne Ecclesiasticall Supremacy newly taken or laid vpon her it shall to be needfull for me to answere them so particularly as I haue done the rest before cited sauing only to certaine erroneous assertions and iniurions asseuerations added by M. Attorney himself in his enumeration and declaration therof which we shall performe in the next ensuing Chapter and conclusion of this whole worke CERTAINE EXPOSTVLATIONS VVITH M. ATTORNEY ABOVT EVIL PROCEEDING And iniuryes offered to sundry sortes of men in this his Booke of Reportes especially tovvards the end therof Togeather with the Conclusion of the whole worke CHAP. XVI ALbeit in the beginning and first entrance of this my answere I promised and so I presume hath been perfourmed to hold a milde and respectiue course of temperate writing throughout the same yet drawing now towards an end and finding M. Attorney to imitate the motion of naturall bodies who the neerer they come to their Center the more vehemently they mooue that is to saie to bee so much the more bitter eager and iniurious to Catholicks as he draweth neerer to the vpshot of his Worke and designed Center of their dammage hurte and preiudice I am forced in this place somewhat also to sharpen my pen for repelling so manie manifest vndeserued iniuries which craftely he goeth about in his last coÌ„clusion to couch vpon them but yet retaining still our former measure of moderation friendly dealing so far as the nature circumstance of the busines may beare permit intituling this Chapter rather of Expostulations then accusations on our behalfe which for that they concerne diuers sortes of men wee shall handle distinctly vnder the seuerall ensuing Paragraphes THE FIRST EXPOSTVLATION In the behalfe of Recusant Catholicks of England greiuously iniured by the Attorney §. I. 2. To the end you may better iudge of the equity of this our first expostulation I thinke it best to set downe the iniquitie of the Attorneys false charge in his owne words which are these in the 34. and 35. leaues of this his 5. parte of Reportes wholy directed to their hurte and preiudice From the first vntill the eleuenth yeare saith he of the late Queen Elizabeths raigne no person of what persuasion of Christian religion soeuer at anie time refused to come to the publike diuine seruice celebrated in the Church of England being euidently grounded vpon the sacred and infallible VVord of almightie God and established by publicke authoritie within this Realme But after the Bul of Pius Quintus was published against her Maiesty in the said 11. yeare of her raigne c. all they that depended on the Pope obaied the Bull disobaied their gratious and natural Soueraigne and vpon this occasion refused to come to the Church c. 3. Heer you see two things boldly affirmed First that in 11. yeares after Queen Elizabeths comming to her Crowne no person of what persuasion soeuer in Christian religion did at anie time refuse to goe to Church vntill the Bul of Pius Quintus came forth against her The secoÌ„d that vpon this occasion Catholicks not holding the Queen for their lawfull Princesse for so afterward he often expoundeth himself refused to come to Church Both which points if wee can shew to bee most manifestly false and the second
places of differēt Religion Christians liuing there should of their owne curiosity goe sometimes to the Churches or Moscies of that Coūtrey to heare see only what is there done though not to pray or worship or which is lesse should carry or weare their Turbant or Mahometan habit it were not so great a matter of offence but if the King or Emperour should commaund the same to be done in attestation of their conformity of religion now this precept doth make it much more vnlawful though yet if he were not true King indeed nor true magistrate that should make such a precept but some priuate man of his owne authority euery man seeth that it would rather diminish then encrease the obligation of recusancy And so M. Attorney when he affirmeth that Catholickes first began their recusancy of going to Church vpon this persuasion that Queen Elizabeth was not lawfull Queene he alleadgeth circstumāce that might rather in some sort facilitate their going then encrease their obligation to the same recusancy For that her precept and commaundement binding them not at all as not Queene they were freed thereby of that obligation as before hath byn said springing of this head of Royall commaundement 10. This then is the first great iniury which M. Attorney offereth vnto Recusant Catholickes interpreting their recusancy to be of malice and treasonable hearts rather then of band of conscience which iniury he often iterateth in the current of his discourse saying after many other accusations heaped togeather in this sorte In all this tyme no law was either made or attempted against them for their recusancy though it were grounded vpon so disloyall a cause as hath byn said And againe a little after talking of the penall laws made against them for the same recusancy he saith That it was a milde aud mercifull law considering their former conformity and the cause of their reuolt But I hauing shewed now that there was no such generall conformity before and consequently no reuolt and much lesse any such cause of reuolt as he faineth to himself the vntruth of these charges and the wrong done therby to innocent men is made euident and manifest 11. Neither doth M. Attorneys exorbitant humour containe it self heer but being once entred into the field of insolent inuectiues and exaggerations against the said recusant Catholickes hee vaunteth and triumpheth as though he had them vnder him at the barre readie to bee condemned where no man must speake in their behalfe but himself onlie against them without replie or contradiction And therfore after a longe enumeration of matters both impertinent and little important to the cause in hand he writeth thus And there vpon Campian Sherwyn and manie other Romish Priests being apprehended and confessing that they came into England to make a partie for the Catholicke cause when need should require were in the 21. yeare of the said late Queens raigne by the auncient Common-laws of England indicted arraygned tried adiudged and executed for high treason c. And againe not longe after he maketh this conclusion By this and by all the Records of indictments it appeareth that these Iesuites and Priests are not condemned and executed for their Priest-hood and profession but for their treasonable and damnable persuasions and practices against the Crownes and dignities of Monarches and absolute Princes c. Thus hee 12. But heer I would aske may not a man of his calling bee ashamed to put in print so manifest vntruths euen then when there are so manie hundreds yet aliue that were at the said arraignments trials condemnations deaths of the said Blessed men Campian Sherwyn the rest who not only protested on their soules and euerlasting saluation at their last houre to bee guyltlesse in all accusations laid against them except only their Orders of Priest-hood and profession of faith but vpon racks also stood therevnto and defended the same so cleerly at the barre with manie reasons proofes and demonstrations as most of those that stood round about and heard their Pleas yea Protestants also by name did think certainly when the Iury went forth to consult and did offer likewise to lay wagers theron that at least Father Campian and his companie the first day should haue been quitted 13. And as for the auncient common laws of England wherby M. Attorney saith they were condemned wee haue shewed now often before that this is but a word of Course with him that there bee no such Commō-laws extant not euer were or could bee vnder Catholicke Princes against Priests before the breach of King Henry the 8. and that this is but an Idaea Platonica of the Attorneys inuention to couer and colour matters withall whose soule truly I doe loue so dearly as I would bee very sory hee should entangle the same with the bloud of those godly men that suffered before he came to age to vndergoe that daungerous burthen of pleading against them Hee maie leaue that charge to his Auncients especially to him that had his office at that time who being yet liuing as I suppose hath both that and many other such heauy reckonings to answere for at the time appointed by the common Iudge of all whome I beseech most humbly to facilitate that account vnto him and others interessed therin as this also of calumniating Recusant-Catholickes to M. Attorney they being the only people of that profession that most ought to be pittied and charitably delt withall for that they suffer only for not dissembling in their consciences which if they would doe as the sinne were damnable to themselues so were it nothing profitable or auailable to the State or Prince to haue externall conformity without inward consent iudgement will or loue And so much of the ground of this first expostulation pretermitting many other things which might be complained of in this boysterous streame and torrent of M. Attorneys accusations against them 14. And yet one thing more I may not pretermit which is to admonish his conscience if it haue aures audiendi hearing eares which by our Sauiours speach appeareth that diuers cōsciences haue not to looke to one speciall obligation aboue the rest which is that hauing ended and put in print this his Booke presented the same in person to his Maiesty shewed the principall drift and partes therof and therby made some stronge impressions against the said Recusant-Catholickes as well appeared by his said Maiesties speaches and discourse that day at dinner when the said booke was brought forth his obligation I say is and this both in conscience and honour that finding himself now mistaken ouershot or deceiued in some of his said principall Reportes and principally in this about Recusant-Catholicks he is boūd to present also this Answere to his said Maiesty for manifestation of the truth and releiuing the said Catholickes of the vniust accusations laid against them as he did present his owne booke of the said
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
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
notorious and might be declared by infinite examples that â— remained now as before vnder all other Catholicke Princes For among other points we reade that when in the yeare of Christ 1312. Robert VVinchelsey Archbishop of Canterbury dyed the Monkes of that place according to the custome chose by the liking and procuration of the King one Thomas Cobham a man of eminent learning and vertue who going to Auinion in France where Pope Clement the fifth lay at that tyme to receaue his confirmation and inuestiture as the manner was in those dayes the said Pope told him that long before in the other Archbishops life he had reserued the collation of that Archbishopricke to himself for that tyme and therevpon pronounced that election to be voyde adding further this coÌ„sideration that England being â—â— that day in great troubles and disgust for that many Lords Barons had shewed their mislike against the King and the King against them it was needfull to haue in that place of Canterbury a man of great credit and experience in such affaires and therefore named one VVilliam Reynoldes Bishop of VVorcester and Chancellour of the Realme at that day and presently sent him both his inuestiture and pall wherewith the King and Queene being greatly contented were present at his consecration and so he liued and gouerned 19. yeares after in that Sea with great commendation So as we see that the restraint of Papall prouisions made at Carliele vnder this mans father was not yet put in practice 46. And the like reseruatioÌ„ we read that Pope Iohn the 22. made of the Bishopricke of VVinchester afterward in the yeare 1320. and therby did disanull the election made by the Monkes of that place with consent of the King and placed another of his owne choice which the King also after some time admitted So as this was very ordinary in those dayes We reade likewise that in the yeare 1324. a Parlament being called at London and King Edward growing now by euill counsaile of the Spencers and others into great disorder he caused one Adam Bishop of Hereford that fauoured not his proceedings to be arrested of treason brought forth publickely to be tryed laying to his charge that he had â—â—ceaued and fauoured diuerse of those Barons which had taken armes against him But the forsaid Archbishop of Canterbury and his brethren Bishops seeing this disorder made first humble supplication to the King that he might be tryed according to his place degree and that not preuayling they required the same by law according to the liberties and priuiledges of the Church confirmed by Magna charta other lawes of the Realme Whervpon he was deliuered to the custody of the said Archbishop of Canterbury but afterward he being called for againe by the instigation of such as were his enemyes and carryed to the barre the said Archbishop of Canterbury and the other of Yorke with ten other Bishops went thither in iudiciall maÌ„ner with their crosses borne before them commaunding vnder paine of excommunication that no man should stay him or lay hands on him and so tooke him away to the Archbishops custody againe Whereby we may see in what vigour Ecclesiasticall power was at this day in England And albeit the King being in passion did storme greatly thereat and seased presently vpon all the said Bishops goods and lands as he had done vpon those of the Bishop of Lincolne and of others before yet could he not deny but that this was law iustice which the Bishops did according to the Ecclesiasticall priuiledges of the Realme whervnto the King himself and all his ancestours in their coronations had solemnely sworne For breaking wherof it may be presumed that so great a punishment fell vpon him as soone after ensued to the horror of the whole world by depriuation both of his Kingdome and life And so much of him Now let vs see what instance M. Attorney can draw from him to his purpose It is but one and thus it runneth in his owne words The Attorney 47. Albeit by the ordinance of Circumspectè agatis made in the 18. yere of Edward the first and by generall allowance and vsage the Ecclesiasticall Courtes held plea of tythes obuentions oblations mortuaries redemptions of pennaunce laying of violent handâ— vpon a Clerke defamations c. yet did not the Clergy thinke themselues assured nor quiet from prohibitions purchased by subiectes vntill that King Edward the second by his letters parents vnder the great seale in by consent of Parlament vpon the petitions of the Clergy had graunted vnto them to haue iurisdiction in these cases The King in a Parlament holden in the â— yeare of his raigne after particular answers made to their petitions concerning the matter aboue said doth graunt and giue his Royall assent in these words We desiring as much as of right we may to prouide for the state of the Church of England the tranquillity and quiet of the Prelates of the said Clergy to the honour of God and the amendment of the State of the said Church and of the Prelates and Clergy ratifying and approuing all and singular the said answers which appeare in the said act and all and singular things in the said answeres conteyned we doe for vs and our heires graunt and commaund that the same be inuiolably kept for euer willing and graunting for vs and our heires that the said Prelates and Clergy and their Successours for euer doe exercise Ecclesiasticall iurisdiction in the premisses according to the tenour of the said answere The Catholicke Deuine 48. If a man would aske M. Attorney in this place why he hath brought in this instance and what he would proue therby I thinke verily he would be much graueled in answering especially if we respecte his principall Conclusion that by this and like presidence Q. Elizabeth might take vpon her supreme authority Ecclesiasticall for that by this narration nothing else is declared but that a certaine abuse being crept in that when any externall matter seeming any way to belong to temporalityes was handled in Ecclesiasticall Courtes and by Ecclesiasticall Iudges the party that feared or suspected his owne cause would informe the Kings Courtes that the matter belonged to them and therevpon would get out a prohibition from the Chauncery to sursease in that cause vntill it were tryed to which Court it belonged By which deceytfull and malitions proceeding of some much trouble was procured and many causes rested indetermined both in the one and the other Courte for so saith the Statute it self made in the time of King Edward the first this mans Father in these words VVhereas Ecclesiasticall Iudges haue oftentymes surceased to proceed in cases moued before them by force of the Kings writ of prohibition c. to the great damage of many as the King hath byn aduertised by the grieuous complaints of his subiects c. For this cause many orders and Statutes were