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
inuisibilitie in those ages but novv she is become visible in our daies Nay you doe set her forth vvith so great an enlargement of greatnes and glorious apparence as you say she is more extended now then ours For that quoth you vve haue all England all Scotland all Germany all Denmarke all Poland a great part of France and some part of Italie VVherein your large extension of your Church in this second parte of your Relation if vve could beleeue you is no lesse strange then vvas your restriction of her secresie and inuisibilitie in the first For vvho vvil graunt you al England for Protestants vvhen they shall see so many prouisions made against both English Catholickes Puritanes vvhich later part of men as vvel as the former that they caÌ„not make one Church vvith you shall preseÌ„tlie be shevved in the Preface of this vvorke 30. Hovv you haue all Germany for youres there being so manie religions and the greatest parte Catholicke and other different Sects greatlie disagreeing from you I knovv not by vvhat figure you can make your Reader to beleeue that you speake truth The like I saie of Denmarke vvhere al are Lutheranes and not of your Church nor vvill it admit Caluinistes to dvvell or dy or be buried amongst them Of all Poland it is a notable hyperbole for so much as both the King â—â—d State professe publicklie the Catholicke reliâ—â—on and the Sectaryes that are in that kingdome â—â—e Trinitarians Arrians Anabaptists more perhaps â—â—nuber then Caluinistes I marueile you omitted â—â—ecia and Noruegia vvhere as they are not Cathoâ—â—â—kes so are they not of your religion or Church 〈◊〉 nor those of France neither though they be â—â—luinistes for as for your some parte of Italie I â—old to be no parte at all nor vvas it anie thing â—se but a certaine ouerflovving of your speach to â—ake the full sound of a greater number the Proâ—â—stants of France I say cannot make one Church â—â—ith you as neither those of Scotland vvith the residue of Holland Zealand and other of â—â—ose Prouinces vnited of Geneua as their Moâ—â—er-Church these I say being all Puritanes â—â—d Precisians cannot make any Church vvith â—ou in that vnion of faith and doctrine vvhich â—â—e vnity of a Church requireth as by your and â—â—eir ovvne confession vvritinges testimonyes â—â—d protestations is extant in the vvorld to be â—â—ene Wherefore I shall desire the intelligent Reaâ—â—r to make vvith me a briefe recollection about â— Attorneyes doctrine for his Church First he â—â—aunteth as you haue heard the Roman Church 〈◊〉 haue byn the true Mother-Church for diuers â—ges togeather spread ouer the vvhole vvorld dilated throughout all Prouinces perspicuous eminent and admirable in florishing glorie by the greatnes and multitude of her children professing Christ euery-vvhere in vnion of faith doctrine and Sacraments as the holie Fathers iâ— those ages and others ensuing doe testify vnto vs 32. Secondlie he vvill haue this glorious Churcâ— so to haue fallen sicke pyned and vvitheredâ— vvay vvithout groaning and so to haue vanisheâ— out of mens sightes as she could not be knovvn vvhere she vvas for many hundred yeares togeather nay he vvill haue her to be like a wedge oâ— golde so corrupted and mingled vvith lead anâ— tinne as no man can tell vvhere the gold lieth except he try it vvith the touch-stone vvhich touch stone in our case he saith to be the scripture vvhereby the Church must by euerie man be tryed and touched so as ech one that vvill knovv this Church and haue benefit from the same musâ— touch her first see vvhether she be the Church or no and so in-steed of submitting himself vnto her and to be directed by her he must first makâ— himselfe touch-maister and Iudge ouer her 33. Thirdlie M Attorney hauing shifted of this time of the inuisibility of his Church in this sort he novv in this last age maketh her so visible againe vpon the suddaine as that she comprehendeth all the Churches of the aforenamed Kingâ—â—mes of vvhat Sect or profession soeuer so that â—â—â—y differ from the Catholicke vvhich are some â—â—ne or ten Sectes at the least al dissenting amoÌ„g â—â—â—mselues professing in their vvritings actes â—â—d doings that they are not of one religion nor â—â—nsequentlie can be of one Church and yet eâ—â—â—ie one goeth vvith his touch-stone in his hand 〈◊〉 vvit the Bible as vvell as M. Attorney and are â—eady to touch him and his Church as he them â—â—d theirs but vvith different effect and successe 〈◊〉 he fyndeth by this touchstone as you haue â—â—ard that all they are of his Church but they â—â—d euery one of them by the same touch-stone â—â—e fynde the contrary and not one of them vvill â—â—unt I saie not one of all the vvhole number of nevv Sectes that the Church of EnglaÌ„d as novv standeth is either the true Church of Christ or â—â—eir Church and in this I dare ioyne issue vvith â— Attorney out of their ovvne bookes assertions â—â—d protestations So as novv M. Attorney that vvhich in the â—â—â—iptures is so memorable of it self so commenâ—â—d by Christ our Sauiour so respected by the Aâ—â—stles so testifyed and defended by the primitiue â—artyrs so magnifyed by the ancient Doctors â—â—d Fathers and by all good Christians so reueâ—â—nced and dreaded I meane the glorious name â—f the Catholicke and vniuersall Church and the benefit to be in her and of her vvithout vvhich no saluation can be hoped for of Christ but ineuitable and euerlasting perdition by vvhich on the other side and in which saluation onlie maie be attained all this I saie is come to be so poore base and contemptible a thing vvith you and so vncertayne as you knovv not vvhere your Church is nor greatlie care so that at all she be and vvhen you name your Sectary-brethren and associates therein they denie you and your alliance as you see and vvhen you assigne your touch-stone of scriptures they vse the same against you and proue thereby youres to be no Church and ech one of themselues in seuerall to be the onlie true and Christian Church And this haue you gained by leauing the Roman vvhich you graunt in old times to haue byn the holy mother-Church see vvherevnto you are come and this shall suffice for this matter 35. This epistle vvould grovv ouerlong if I should entertaine my self in all the impertinent speeches vvhich you had that daie in your glorie as it semeth against Catholickes the least parte vvhereof did in vvise-mens sightes concerne the prisoner at the barre though by your Rhetoricall application all vvas dravven vpon him by hooke or by crooke for that Yorke VVilliams Colen Squiar and Lopus vvere brought in squadron to muster there to that effect vvherof all notvvithstanding except the last are defended and their conspiracies most euidentlie proued to haue byn feygned by a learned vvorthy and vvorshipfull gentleman of our Countrey dedicated these yeares past to the Lords of the late
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
ielousy other like motiues to doe or attempt that especially in these later ages which reason and Religion did not allwayes approue nor themselues nether vpon more mature deliberation And yet doe I not graunt that M. Attorney bringeth any thing of moment in this kind of proofe de facto also as after shall appeare though all his pretences of proofes be in this kind only 3. For as for the first though he entitle his booke De Iure as you haue heard yet little or nothing doth he alleadge therin worthie to be repeated Only he hath one Argument mencioned and refuted by vs before in the second Chapter of this Answere which is that the Kingdome of England being an absolute Empire and Monarchie consisting of one head which is the King and of a body politicke deuided into two generall partes the Clergie and the Layty both of them next vnder God must be subiect obedieÌ„t to the same head in all causes for that otherwise he should be no perfect Monarch or head of the whole bodye c. 4. But to this the answere is playne by the groundes we haue laid downe in the same Chapter of the different origen of spirituall and temporal power and that it is sufficient to any temporall Monarch and to the perfection of his Monarchie that all sortes of people throughout his dominions as well Clergie as Layty be subiect vnto him in all temporall affayres and that with this perfection of Monarchie were content both Constantyne the first christian Emperour also Valentinian Gratian Theodosius Arcadius Honorius Iustinian and other Emperours that eusued after him as also Charles the Great in France with his Successours all our English Kings before K. Henry the eight who esteemed themselues for greate perfect Monarches ouer their people as in deed they were without this chalenge of Spirituall Iurisdiction in Ecclesiasticall matters And therfore the said greatest Emperours were content also to beare patiently and christianly the denyall therof in diuers occasions by their good Bishops Prelates S. Basil S. Gregory Nazienzen S. Ambrose S. Chrysostome yea and checkes also for vsurping somtymes either by themselues or their officers vpon Ecclesiasticall power that belonged not to them wherof many examples might be alleadged and some haue bene touched before in the place mencioned For to this end was that admonishment of S. Gregory Nazienzen to the Emperour Valentinian that he should vnderstand that he being a Bishop had greater Authority than the said Emperour To the same effect likwise was the resolute speech of S. Ambrose vnto the same Valentinian Nolite grauare Imperator c. Trouble not your self Emperour in coÌ„maÌ„ding me to deliuer the Church nor doe you perswade your self that you haue any Imperiall right ouer those things that are spirituall or diuine exalt not your self but be subiect to God if you will raigne be content with those things that belong to Cesar and leaue those which are of God vnto God Pallaces appertaine to the Emperour and Churches vnto the Priest You haue right ouer the walles of the Cyttie but not vpon sacred howses So he And the same S. Ambrose some 3. or .4 yeares after vsed the like speech of superiority in spirituall matters to the good Emperour Theodosius checking him greiuously yea keeping him out of the Church and holding him vnder excommunication for eight monethes togeather And when the said good Emperour came humbly on foote unto him saying Ora vt mihi soluas vincula ne mihi occludas ianuam I beseech you loose my bandes and shutt not the Church doore against me The other answered what pennance can you shew me that you haue done since the committing of your greiuous sinne c. 5. And the like libertie of speech might I alleadge out of S. Chrisostome where speaking of the presumption of King Ozias that would meddle in Spirituall matters vsed this Apostrophe vnto him Mane intra terminos tuos aly sunt termini Regni alij termini Sacerdoty hoc Regnum illo maius Stay king within thy bounds and limitts for different are the boundes of a Kingdome and the limitts of Priest-hood and this Kingdome of Priest-hood is greater then the other wherof he yeldeth this reason a little after Regi corpora commissa sunt sacerdoti animae The bodyes be committed to the Kinge the soules to the Priest And in the next homily following he inferreth this conclusion Ideoque Deus c. Therfore hath God subiected the head of the King to the handes of the Priest instructing vs therby that the Priest is a greater Prince then the king for that according to S. Paul the lesser allwayes receaueth blessing from the greater and more eminent Other Fathers sayings to the same effect I purposely omitt for breuityes sake but by these few M. Attorney may see how he is deceiued in placing the perfection of a temporall Monarchie in hauing spirituall Iurisdiction ouer Priestes in Ecclesiasticall affayres 6. We read that when Constantius the Emperour some to Constantyne the Great tooke vpon him to fauour the Arrian heresye he called vnto him diuers Catholike Bishopps as S. Athanasius doth relate and setteth downe their names willing them to subscribe to that which he had appoynted for the bannishment of the said S. Athanasius and communion with the Arrians Quibus admirantibâ—â— c. Who marueling saith he at this commandement as a new thing and telling him that this was not according to the Ecclesiasticall Canons the Emperour replyed I will haue that held for Canon which I doe appoint either obey or goe into banishment wherat they more wondering and holding vp their hands to heauen did with libertie propose their reasons vnto him telling him that his Kingdome was not his but from God who had giuen it vnto him and that it was to be feared least he would take it againe from him and finally denounced vnto him the last daie of iudgement persuading him that he should not peruert the course of Ecclesiasticall affayres nor intermeddle his Roman Empire in dealing with Ecclesiasticall Constitutions c. So Athanasius of these good Bishops 7. And vnto the same Emperour a little after that great and famous Confessor Osius who among the rest had sitten as Iudge in the Nicene Councell vpon like occasion wrote this graue and important admonition Define quaeso memineriste mortalem esse resormida diem iudicij c. Leaue of I beseech thee ô Emperour and remember that thou art mortall feare the day of iudgement and keep they self pure from this kind of synne and doe not intermeddle with Ecclesiasticall causes Do not vse commandements to vs in this kinde but rather learne of vs God hath committed the Empire vnto thee but vnto vs the things that appertaine to his Church and as those that malignantly doe carpe at thy Empire doe contradict the ordinance of God so beware thou least by
benefices Per annuium baculum that is by giuing them a ring a staffe which are the ordinarie signes and markes of taking possession of their iurisdiction which though the said Princes doe acknowledge to bee a spirituall Act and consequently not possible to descend from the right of their temporall Crowne as M. Attorney would haue it yet desired they to inioy it by Commission from the Sea Apostolicke in respect of their greater authoritie amonge their Subiects and for more breuitie of prouiding and establishing incumbentes when benefices of cure fell voide and for other such reasons wherof we may read in the liues of diuers of our Kings And namelie of King Henrie the first this Conquerour his sonne what earnest suite he made to haue these inuestitures graunted him which the Pope did flattly deny to doe yea and the greatest causes of that wonderfull breach between the Popes Alexander the 2. and Gregorie the 7. and others of that age with the Emperour Henrie and his Successours were by the occasion of these inuestitures which the said Popes would not graunt Albeit I find some ages after that the great and famous Lawyer Baldus aboue two hundred years gone recordeth that in his tyme two Kings only had these priuiledges graunted them from the Sea Apostolicke The King of England to wit and the King of Hungary which perhaps was in regard that their Kingdomes lay so far of as it might be preiudiciall to their Churches to expect allwayes the said Inuestitures from Rome But yet he expresly saith that it was by Commission and delegation of the Pope Papa saith he committit spiritualia etiam mero laico ideo Rex Anglorum rex Hungaria conferunt in suis Reguis Praebendas ex priuilegio Papa The pope may commit spirituall things to a meere lay-man and this he proueth by diuers texts of law and hence it is that the King of England and King of Hungary doe in their Kingdomes giue Prebends by priuiledge of the Pope Wherby we vnderstand that in Baldus his time it was held for a pecular priuiledge of these two Kings which fithence hath byn communicated to diuers other Christian Princes who doe vse and exercise the same at this day but yet none pretending it as from the right of their Crownes For they neuer pretended to giue benefice or Bishopricke by their owne Kingly authority but only to present and commend fit persons vnto the Sea Apostolicke to be admitted and inuested therby as all other Catholicke Princes at this day doe vse yea and that this right of presentation also they tooke not but by concession and approbation also of the foresaid Sea Apostolicke as by the former examples may appeere 35. And this is so much as I thinke coÌ„uenient to saie in this place to M. Attorneys silly instance and I haue been the longer theraout for that this K. VVilliam is the head and roote of al the Kings following and this which hath been answered to this obiection will giue much light to all other instances that are to ensue And if anie King should haue taken anie other course from this established by the Conquerour their head and origen which yet none euer in any substantiall point did vntill King Henry the 8. you may see by all this discourse that the Conquerour might say of them as S. Iohn said of some of his Ex nobis prodierunt sed non erant exnobis And so much of the Conquerour OF KING WILLIAM RVFVS AND HENRY THE FIRST That vvere the Conquerours sonnes and of King Stephen his Nephevv And how they agreed with the said Conquerour in our Question of spirituall iurisdiction acknowledged by them to be in others and not in themselues CHAP. VIII THis beginning being established in the Conquerour coÌ„forme to that which was in the precedent Kings before the Conquest their remaineth now that wee make our descent by shewing the like conformitie in all subsequent Kings vnto K. Henry the 8. according to our former promise Wherfore first in ranke there commeth K. VVilliam Rufus second sonne of the Conquerour among those of his children that liued at his death who being named to the succession by his said father vpon his death-bed so charged forewarned as you haue heard in this verie point of honoring the Church and Ecclesiasticall power and vnder that hope and expectation embraced and crowned by the good Archbishop Lanfranke 〈◊〉 king first his solemne Oath to the same effect which his father had taken before him in the day of his Coronation he gaue gâ—â—â— satisfaction contentment to all his people at the beginning of his raigne as all our historiographers doe testifie that is to say so long as Archbishop Lanfranke liued to whom he bare singular respect loue and reuerence but the said Archbishop deceasing in the second yeare of his raigne which was about the 20. of his age the young man as thinking himself free from all respect to God or man brake into those extreame disorders of life which our historyes doe recount 2. And among others or rather aboue others in oppressing the Church holding Bishopricks Abbies in his hands as they fell void and not bestowing them afterward but for bribes and Simony And namely the Archbishopricke of Canterbury he held foure years in his hand after the death of Lanfranke vntil at length falling greiuously sicke in the Citty of Glocester and fearing to dy made many promises of amending his life as namely saith Florentius Ecclesias non amplius vendere nec ad censum ponere sed illas Regia tueri potestate irrectas leges destruere rectas statuere Deo promisit He promised to God not to sell Churches any more nor to put them out to farme but by his kingly power to defend them and to take away all vniust laws and to establish such as were rightfull And heervpon presently to begin withall he nominated to the Archbishopricke of Canterbury a great and worthy learned man named Anselmus Abbot of the monastery of Becke in Normandy who was then present in England for that some moneth or two before he bad byn intreated by the Earle of Chester Syr Hugh Lupus to come into England to found and order his Abbey saith Stow of S. VVerberge at Chester of whom Malmesbury liuing presently after him saith Quo nemo vnquam iusti tenâ—cior c. then which Anselmne no man was euer more constant in righteousnes no man in this age more exactly learned no man so profoundly spirituall as this Archbishop that was the father of our countrey and mirrour of the world 3. But this vnfortunate King was no sooner recouered say the same Authours but he repented himself sorely that he had not solde the said Archbishopricke with other for more money and therevpon tooke an occasion to picke a quarrell against the said Anselmus and among other things to let him that he could not doe his
well by the words of the Statute which are these VVhere the Kings most excellent Maiesty is by gods law supreme head immediatly vnder him of his whole Church of England intending the conseruation of the same Church in a true sincere and vniforme doctrine of Christs religion calling also to his blessed and most gratious remembrance the innumerable commodities which ensue of concord and vnity in religion c. hath therfore commaunded this his most high Court of Parlament to be summoned as also a Synod of all the Archbishops Bishops and other learned men to bee assembled c. for a full and persect resolution of certaine Articles proposed which are the former six his Maiesty also most gratiously vouchsafing in his owne Princly person to descend and come into his said high Courte and Councell and there like a Prince of most high prudence and no lesse learning opened and declared manie thinges of high learning great knowledge touching the said Articles matters questions whervpon after great and longe deliberate disputation and consultation had and made it was finally resolued as before c. 17. Thus you see how maturely this matter was done and resolued by the new head of the English Church and his Counsell which resolution not withstanding I presume M. Attorney and those of his religion will not well allow à parte rei though for his authoritie they may not denie it according to their owne grounds in that he did contradict therin the Popes and so in this respect they seem to bee but in pittifull plight for that neither the one nor the other head serueth well their turnes And with this wee shall leaue King Henry the 8. who in all the rest of his raigne which as hath byn said was but the third parte after his spirituall headship of that he had raigned before in acknowledgment of the Popes Supremacie his Decrees Ordinances and actions though they were inconstant variable yet were they all except this only controuersie of the Popes authoritie against Protestants and their religion as appeareth both by his solemne condemning and burning of Iohn Lambert for denying the Reall presence the next yeare after this Statute was made as also of Anne Ascue and others vpon the last yeare of his life for the same heresie and of manie others for other Protestant-opinions so as I doe not see how M. Attorney can much glorie in this first headshipp of his Church of England especially that being true which Bishop Gardiner preached and protested publikely at Pauls Grosse in Queen Maries time that K. Henry dealt with him a little before his death for reconcyling himself to the Pope by restoring to him his authority againe if with his honour it might bee brought to passe but before this could bee treated he died and thereby was frustrated of his good purpose therin The answere to certaine Instances of M. Attorney out of this raigne of K. Henry the eight §. II. 18. And this might suffice for King Henries raigne but only that M. Attorney vpon the recitall of certeyne of the said Kings Statutes made by himself for his owne spirituall Supremacy which I hold not needfull for me to stand to answere he moueth a doubt and answereth the same in such sorte as is worthy of consideration His doubt is that for so much as K. Henry was now declared head of the Church and all Ecclesiasticall iurisdiction taken from the Pope in England and in English affaires what shal become of the Canons or Canon law togeather with the Constitutions and Ecclesiasticall Ordinances depending of the Church of Rome wherby the spirituall Courts of England were wont to bee gouerned you shall heare his answere in his owne words The Attorney If it bee demaunded saith hee what Canons Constitutions Ordinances and Synodals Prouinciall are still in force within this Realme I answere that it is resolued and enacted by authoritie of Parlament that such as haue been allowed by generall consent and custome within the Realme and are not contrariant or repugnant to the Laws Statutes and Customes of this Realme nor to the damage or hurte of the Kings prerogatiue Royall are still in force within this Realme as the Kings Ecclesiasticall laws of the same Now as Consent and Custome hath allowed those Canons so no doubt by generall consent of the whole Kealme anie of the same maie bee corrected enlarged explained or abrogated For example there is a decree that all Clerkes that haue receiued anie manner of Orders greater or smaller should bee exempt pro causis criminalibus before the temporall Iudges This decree had neuer anie force within England First for that it was neuer approued and allowed of by generall consent within the Realme Secondly it was against the laws of the Realme as it doth appeare by infinite presidents Thirdly it was against the prerogatiue and soueraigntie of the King that any subiect within this Realme should not bee subiect to the laws of this Realme The Catholicke Deuine 19. Heere you see two points touched in this answere First the resolution it self and then the confirmation therof by a speciall example The resolution is very ambiguous doubtfull and vncertaine if you consider it For he saith that such Canonicall laws are to bee still in force as were allowed by generall consent not contrariant to the laws statutes and customes of this Realme nor importe anie dammage to the Kings prerogatiue Royall And what are these thinke you And how vncertaine a rule is this prescribed for laws whereby matters of conscience must be determined Who may not say in his owne case or others this Canon or Constitution though it be of neuer so auncient Councels or Decrees of the Church for of such consisteth the Canon-law was neuer allowed by generall consent of England this is contrariant to some Statute or Custome this importeth dammage to the Kings prerogatiue Royall and so indeed by establishing this new headship the whole body of Ecclesiasticall regimēt was ouerthrowne though M. Attorney to salue the matter saith that the said Canonicall lawes should remaine still in force with the restrictiōs aforesaid as the Kings Ecclesiasticall lawes which is as much to say as that these Canon-lawes that were made by generall Councels Nationall or Prouinciall Synods and by the Popes of Rome themselues shall not remaine as their lawes but as the Kings lawes for that he retaineth them of which poore refuge I haue spoken often before how weake and idle it is 20. But now for his particular example chosen out to proue that the generall Canonicall lawes of the whole Church receiued throughout Christendome may be corrected and enlarged explaned abrogated by a particular Countrey which is contrary to the common Maxime that no law can be abrogated but by the same authority by which it was made and allowed or greater I cannot but maruaile that he would insist vpō the exemption of Clerks from secular