exercised in her dayes if the statute of the first Parlament had not giuen the same vnto her which had as good authority to giue it her as she to vse the same according to that which you haue seene declared in the former Chapters whereunto we referre our selues for the proofes laid downe The tenth Demonstration 85. And now to drawe to an end and to ioyne issue with M. Attorney in more plaine wordes and assertion my tenth and last demonstration shall be out of two of the most noble wise and famous Kings of our land and Monarches of the same before the Conquest Alfred to wit and Edgar who doe expresly sett downe the contrary proposition to that of M. Attorney about spirituall iurisdiction belonging to Kings and temporall Princes so as where the former demonstrations are but deductions and inferrences though clere and euident as you haue seene this last is a plaine and perspicuous asseueration of two such renowned Kings as were most eminent for wisdome learning religion and valour of all the ranke of those tymes Of King Alfred is recorded this speach of his Germanam genuinam esse Regis dignitatem dictitare solebat si in Regne Christi quae est Ecclesia se non Regem sed ciuem agnosceret si non supra sacerdotum leges se elatè efferres sed legibus Christi per sacerdotes promulgatis submisso se atque humili animo subderet He was wont to say that the true and proper dignity of a King consisted principally in this that in the Kingdome of Christ which is his Church he bare himself not as a King but as a citizen and that he should not arrogantly lift vp himself abouâ— the lawes of Priests but rather with a lowly and humble minde subiect himself to the lawes of Christ promulgated by Priests So he 86. But now touching King Edgar about a hundred yeares after him of whome Florentius Marianus and others doe write these wordes That he was the Monarch of the English world the flower ornament of all his predecessours the peaceable King no lesse memorable to English-men then Romulus to the Romanes Tyrus to the Persians Alexander to the Macedonians Arsaces to the Parthians and Charles the great vnto the French Of this man I say we haue extant a certaine oration of his made in the third yeare of his raigne vnto the Bishops of his land gathered togeather for reformation of the Clergie wherof S. Dunstane Archbishop of Canterbury was the chief and with him was S. Ethelwâ—ld B. of VVincester His oration is somewhat long and beginneth thus Quoniam magnificauit Dominus misericordiam suam facere nobiscum dignum est Patres Reuerendissimi vt innumeris illius beneficijs dignis responde amus operibus Neque enim in gladio nostro c. 87. For so much as our Lord hath exalted his mercy towardes vs it is conuenient most Reuerend Fathers that we endeauour to answere his innumerable benefitts with dew workes on our behalfe for that as the prophet saith we doe not possesse this land by our owne sword nor shall the strength of our arme saue vs but the right hand and holy arme of him that hath vouchsafed to take vs to his fauour And therfore it is iust and right that for so much as he hath subiected all vnder our feete that we subiect our soules vnto him in such sort as that we endeauour to bring them that he hath put vnder vs to be subiect also vnto his lawes and as for me my part is to gouerne lay men by the law of equity to doe iust iudgement betweene euery man and his neighbour to punishe sacrilegious men to represse rebells to take the poore man out of the hand of his stronger and deliuer the needy and impotent from such as oppresse and spoile them It belongeth also to my solicitude to prouide necessaries for Ministers of Gods Churches couents of Monkes cloysters of virgins to procure them peace and quietnes to serue Godâ— But vnto you it apperteyneth to make inquiry examination of their manners if they liue continently if they behaue themselues decently and with edification towards them that be in the world if they be solicitous in seruing God vigilant in teaching the people sober in diet moderate in habit and the like So he 88. And then after a long complaint of many disorders in those dayes crept into diuers of the Clergie the good zealous King hath these words These scandalous things are proclaimed euery where by souldiers muttered by the people sung by players and will you reuerend Fathers neglect dissemble spare them that so offend where is the sword of Leui where the zeale of Simeon where is the spirit of Moyses where the sword of Phinees the Priest Yea where is the spirit and feruour of S. Peter wherby he so dreadfully punished both auarice and heresie follow him follow him ô you Priests tempus faciendi contra eos qui dissipauerunt legem Dei it is high tyme to punish those that haue dissipated the law of God by their euill life Ego Constantini vos Petri gladium habetis in membus iungamus dexteras gladium gladio copulemus I haue the sword of Constantine you the sword of S. Peter in your hands let vs ioyne our forces and couple sword to sword vt eijciantur extra castra leprosi that leaprous and infectious people be cast out of the tents of God c. Thus this noble pious K. pronouÌ„ced in the presence of his Prelates and people with much more which for breuity I doe omitt 89. And now M. Attorney will see heere what accompt these two auncient Kings made of these two powers and swordes spirituall and temporall and of their distinction and subordination the one to the other And it seemeth that this speach of King Edgar was so memorable and famous to all his posterity that VVilliam Conquerour also did imitate the very same when in certaine lawes of his ordeyning that such lay men as were disobedient to the Bishops sentence should be punished by his temporall officers he vseth this phrase of Edgar saying Rex constringit malefactorem vt emendet primùm Episcopo deinde Regi sic erunt ibi duo gladij gladius gladium iâ—uabit The King shall compell the malefactor to make amends first to the Bishop and then to the King and so shall there be two swordes and the one sword shall assist the other Where we see that he did subordinate his owne sword to that of the Bishops and Ecclesiasticall power of the Church And the self same manner of speach and forme of beliefe as common to the whole world did Queene Eleanor wife to King 〈◊〉 the second vse in her epistle to Celestâ—nus the Pope when she â—â— treated him to excommunicate the Emperour and Duke of â—â—stria for deteining her sonne K. Richard the first prisoner which letter was written by Petrus Blesensis
other especiallie in these points following which Catholike deuines and Canon-lawyers doe larglie handle But I shall breiflie touch the sunne onlie in this place so far is it may appertaine to better decision of this our controuersie Noting first by the way for the Reader his better aduertisement that these two Powers of Spirituall and Temporall Iurisdiction being different as hath been said and hauing so different ends and obiects and proceeding so differentlie from God by different means and manners and that they may be separated and remaine seuerally and alone in different subiects as they did for diuers ages togeather in the primitiue Church All this I saie being so it followeth that it is no good argument but rather a manifest fallacie to inferre the one of the other as to saie he hath spiritual Iurisdiction ouer me and therfore also temporall which followeth not and much lesse the contrarie he hath temporall Authoritie ouer any ergo spiritual also And least of all as M. Atorney argueth euery-where A Prince or Monarch hath supreame authoritie temporal ergo also spirituall for that the one may be without the other as comming downe from one origen by different means and to different ends as before hath been declared Now then let vs passe to the decisions aboue mencioned for due Subordination in these two Powers THE THIRD PART OF THIS CHAPTER Shewing how these two Povvers and Iurisdictions may stand well togeather in agreement peace and vnion 4. II. 33. The first affertion both of Deuines and Canonists is that notwithstanding the former Prerogatiues of Spirituall Power aboue Temporall yet when they are conioyned in one Common-wealth as they haue been in the Catholike Church for these thirteene hundred years at least since the Conuersion of Constantine the Emperour the Cleargie and Ecclesiasticall persons of euerie Realme as members of that Common-wealth are subiect vnto the Emperour King or other head of that Ciuill and politicke body or Common-wealth in al temporall laws and ordinances not contrary to Gods law nor the Cannons of holie Church and are punishable for the same though not in temporall courts but spirituall as after ward in the third assertion shall be declared As for example when the Ciuill magistrate appointeth things to be solde at such or such price that no man goe by night with armes or carry out cōmodities of the Realme without licence and the like cleargie men as Cittizens of the Common-wealth are subiect also vnto these laws which are made for direction of of the Common-wealth to peace aboundance and prosperitie and consequentlie are to be obserued also by Bishops Priests and Cleargie-men 34. And in this sense are to be vnderstood the words both of our Sauiour and his Apostles when they ordaine all obedience to be exhibited by all Christians to their temporall Princes without exception of anie yea though they were euill men or infidells AS namely where S. Paul saith Omnia anima potestatibus sublimioribus subdita sit Let euery soule be subiect to higher powers which S. Peter expoundeth siuè Regi siuè Ducibus c. Whether it be to Kings Dukes and the like Vpon which place to S. Paul the holie Doctor S. Chrysostome inferreth that politicall and temporall laws are not abrogated by the ghospell but that both Priests and monkes are bound to obey the same in temporall affairs And Valentinian the good Christian Emperour in a certaine Epistle of his to the Bishops of Asia aboue 12. hundred years gone said◠that good Bishops doe obey not only the laws of God but of Kings likewise Which Pope Nicolas the first writing to Michaell the Emperour doth proue when he saith that Christian Emperours doe need Bishops for the attaining of euerlasting life But that Bishops doe need Kings and Emperours onlie to vse their laws for their direction in temporall affaires And finally the matter is cleer not onlie by the testimonie and practise of the primitiue Church say our Deuines but also by reason it selfe For that if any sorte of people should liue in a Common-wealth and not obserue the laws therof it would be a perturbation to the whole And for that these Ciuill laws albeit their immediate end be temporall good yet may the obseruation therof be referred also to a higher spirituall end by good men and therfore are all good subiects bound to obey them And this for the first point 35. The second is that in causes meere Ecclesiasticall and Spirituall which appertaine to Religion Faith Sacraments holie Orders and the like and are to be determined out of the ghospell Councells Canons and Doctors of the Church In all these affaires Catholike deuines holde that Ecclesiasticall persons are no way subiect to temporall Princes for the reasons before alleadged of preheminēcy of Spiritual Power aboue Temporal in these affaires In respect wherof the holie auncient Bishops did stand with Christian Emperours and auerre their Authoritie to be aboue the others as before out of S. Gregorie Nazianzen S. Ambrose S. Chrisostome and others you haue heard declared So as heere you se a mutuall Subordination of Preists to Princes in Ciuill and temporall matters and of Princes to Preists and Bishops in spirituall affaires which according to S. Gregorie Nazianzen his comparison before mencioned may thus be expressed that the soule in matters of this life though with some griefe and regreate of spirit in good men is bound to follow the direction and law of the body for health strength and other such corporall commodities and the body in matters of life euerlasting must be content to follow the soule and direction of spirit and so is bound to doe though with repugnance oftentimes of the flesh as in fasting praying pennance other such like exercise And wheresoeuer these two mutuall subordinations be wel obserued there the Common wealth goeth forward wel and prosperouslie and contrarywise where the said subordination is neglected or perturbed there all goeth out of order and ioynt 36. But now there remaineth a third point of further moderation between these two Powers which is accordinge to our deuines and Canon-lawyers That albeit Ecclesiastical men be subiect to the obseruation of temporall laws as before is said yet are as well their persons as their goods free and exempted from the temporall magistrate and his tribunalls euen in those causes also in so much that if Cleargie men doe offend against the laws of the Common-wealth they are to be iudged and condemned by Ecclesiasticall iudges in the Courts and tribunals of their prelats and afterward to be deliuered to secular power to inflict the decreed punishmēt vpon them which they shall be found worthie of Their goods also both Ecclesiasticall and temporall are exempted from all secular power and their impositions or exactions by auncient Decrees and Constitutions as well of the Church as of old Christian Emperours in honorem Cleri in honour of the Cleargy to vse the auncient word
Chapter and fourth demonstration therof I will remitt the Reader therunto Only I cannot let passe to recite vnto you in this place a certaine Charter of K. Ethelbert of Kent our first Christian English King confirmed by a Bull in lead of S. Augustin first archbishop of Canterbury and legate of the Sea Apostolike vnto the monastery of S. Peter Paul in CaÌ„terbury erected by the said K. Ethelbert the words of the Charter are these In nomine Domini nostri Iesu Christi c. Ego Ethelbertus Rex Cantij c. In the name of our Lord Iesus c. I Ethelbert King of Kent with the consent of the venerable Archbishop Augustine and of the Princes of my Realme do giue and graunt in the honour of S. Peter and S. Paul a certaine peâ—ce of my land which lyeth in the East parte of Canterbury to this intention only that a monastery be buylded in that place with this condition that my said land be for euer in the power of the said Abbot which there shall be ordeined And therfore I doe adiure and commaund in the name of allmightie God that is the iust Iudge of all that the foresaid gift of lands made by mee be held for euer firme so as neither it bee lawful for mee or any of my Successours Kings or Princes or for any Ecclesiasticall person of what degree or dignitie soeuer to defraud the said monastery of the same or any parte therof And if any man shall goe about to impeach or diminish any point or parte of this donation let him bee seperated in this life from the holie communion of the body and bloud of Christ at the day of iudgment for the demeritt of his malice be sequestred from the company of Saints and all good men Giuen at Canterbury Anno Christi 605. the 8. indiction 12. Thus goeth that Charter and in the same forme went all other Chartes of this Kinde wherin is to be noted first the dreadfull imprecation against all breakers therof confirmed by the Authority of so great a Saint as S. Augustin was how many lamentable inheritours wee haue of these curses and imprecations in our countrey and round about vs at this day where all such pious works are ouer throwne And secondly for that he saith expresly that he did all by the counsell and consent of S. Augustine it may be inferred that whatsoeuer priuiledges he gaue that may seeme to appertaine to Ecclesiasticall matters or Iurisdiction he did them vnder ratihabition of the said S. Augustine that was not only Archbishop but legat also of the Sea Apostolike and confequentlie had authoritie to exempt the said monastery as we see he did not only from the Iurisdiction of all other Bishops but of his owne Sea also in such sorte as no Archbishop of Canterbury had any authoritie ouer them which is much more then the Charter of Kenulsus alleadged heere by M. Attorney And we doe reade that the monks of Canterbury did pleade this Charter of K. Ethelbert confirmed by S. Augustine for their liberties against the Archbishop Richard Successor of S. Thomas Becket in the yeare of Christ 1180. 13. Wherfore to conclude this matter it seemeth that M. Attorney hath gotten nothing at all by this his instance of K. Kenulfus whether in his Charter he meant of temporal or spiritual iurisdiction For if he meant of teÌ„porall that is to say that the Abbey of Abindon should be free from molestation of the Bishops officers in temporall affaires it is nothing to our purpose and if he meant of spirituall Iurisdiction cleere it is that the said King had it not of himself by right of his crowne as M. Attorney often repeateth and vrgeth without all grounde but either from the Bishops of his Realme gathered togeather in Parlament which seemeth very probable by the words of the Charter Consilio Consensu Episcoporum That he did it by the Counsell and Consent of his Bishops or that he had it immediatly from the Pope as we haue shewed the vse to be in those dayes shall doe more largly in the ensuing Chapter 14. And that which is yet more and seemeth to conuince the whole matter to decide our very case in particular I doe reade of one Bishop Rethurus who was Abbot also of Abindon during the reigne of the said Kenulfus who went to Rome to obteine the confirmation of priuiledges to the said Abbey of Abindon about the yeare .812 Romam profectus saith the Story Pontificia authoritate privilegia Canobij communiuit He going the Rome by consent no doubt of K. Kenulfus himself obteined the confirmation of the priuiledges of the said monastery of Abindon by the Apostolike authoritie of the Sea of Rome And it is no doubt that among other priuiledges this Charter also of Kenulfus was one which being so euery man may see how much this instance hath holpen M. Attorney his cause or rather made against him that Kenulfus procured the confirmation of his Charter from the Pope himself 15. And surely if in this M. Attorney committed an errour in alleadging Kenulfus for an example of one that tooke supreme IurisdictioÌ„ Ecclesiasticall vpon him he being so obedient and subordinate to the Church of Rome as we haue said much more did he erre in choosing S. Edward the Confessor for his second instance for he hath but two as before I haue said out of all our Kings before the Conquest which K. Edward of all others was most deuoutly obedient to the Sea Apostolicke as may appeare both by that which before we haue touched of him as by that which after we shall more largly shew in the next Chapter that he presumed not to found his monastery of VVestminster without particular licence and approbation of the Pope In like manner for that hauing made a vow to goe in pilgrimage to Rome to shew his deuotion and obedience to that Sea he finding afterward some difficulties therin in respect of his Kingdome that repined at his absence and of the troublesome times that then were he remitted all first to Pope Stephen the tenth and when he being dead to his successour Nicholas the 2. who determined that he should not take that voiage but bestow the charges therof vpon the buylding of that monastery of VVestminster to which effect both their letters are extaÌ„t in Alredus that liued about 400. years gone wrote the same Kings life The Kings letter hath this Title Summo vniuersalis Ecclesiae Patri Nicolâo Edwardus Dei gratia Anglorum Rex debitam subiectionem c. To the high Father of the vniuersal Church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherby is euident that if K. Edward did hold himself for supreme head and gouernour of the Church in spirituall matters as M. Attorney would inferr vpon certaine words of one of his lawes as presentlie you shall heare
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
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.
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
pretence of many causes appealed therein to the Sea of Rome the Archbishop not admitting the same appeale pronounced notwithstanding sentence of excommunication against him Celestinus the Pope not only reuoked the said sentence but exempted moreouer the said Bishop Bishopricke from the obedience of the said Archbishop and Archbishopricke of Yorke as the same author relateth So as in this he shewed his authority in England 37. But now let vs passe to K. Richard himself who being valiantly occupied in the warres against the Infidels and enemies of God in Asia had many crosses fell vpon him First the falling out and departure of K. Philip of France from that warre as you haue heard who returning into France began to treat presently with Earle Iohn to trouble the peace of his brothers territoryes and the principall point that combined these two togeather against King Richard besides the enuy of the one and ambition of the other was that both of them were afraid least Prince Arthure Earle of Brittany sonne to Geffrey Iohns elder brother should succeed in the Kingdome of England if any thing should happen to King Richard and so the Bishop of Ely had giuen out that King Richard himself had written from Sicily which point was much feared as preiudiciall to them both Whervpon they made a fast league and began on both sides of the Sea to trouble the State which when K. Richard vnderstood and that Pope Celestinâ—◠〈◊〉 his letters and other diligence could not stay them and that 〈◊〉 grew into sedition at home by partes-takinge he was forced sorely to his greife and to the publicke lamentation of all Christendome to leaue that warre and to abandon the victorie that was euen now almost in his hand if he had stayed as the euent also shewed for that soone after dyed the Saladine by whose death there was no doubt but that King Richard had recouered Ierusalem 38. But he returning for defence of his owne countrey fel into great misery For being taken as hath byn said by Duke Leopold of Austria vpon pretence of certaine iniuries receiued from him his people in the warres of Asia he was deteined by him and by the Emperour Henry the 6. more then fifteen moneths prisoner and forced to paie in the end aboue two hundred thousand markes for his ransome partly in present money and partly in pawnes and pledges left for the same And so after foure yeares absence the said King returned 39. But in this tyme of his captiuity his chiefest comforte and refuge was in the assistance of the said Pope Celestinus as may well appeare by the sundry letters of many written vnto the said Pope in his behalfe but especially and aboue others of the afflicted Lady and Queen his mother Eleanor who wrote three large letters vnto him by the pen of Petrus Blesensis Archdeacon then of London that had byn Secretary to her husbaÌ„d K. Henry the second and she beginneth one saying thus Sanè non multum ab insania differt dolor Sorrow truly doth not much differ from madnes And then Gentes diuulsae populi lacerati prouinciae desolatae in spiritu contrito humiliato supplicant tibi quem constituit Deus super Gentes Regna in omni plenitudine Potestatis These nations heer deuided in their owne bowels by absence of their Prince this people torne and broken in themselues these desolate prouinces doe in a contrite and humbled spirit make supplication to you whom God hath placed ouer Nations and Kingdomes in all fullnesse of power And then againe Moueat te Summe Pontifex etsi non huius peccatricis infalicissimae dolor saltem clamor pauperum compeditorum gemituâ— interfectorum sanguis Ecclesiarum spoliatio generalis denique pressura sanctorum Be you moued ô high Priest if not with the sorrow of mee a most vnfortunate sinner yet with the cry of poore men with the groanes of them that are in fetters with the bloud of them that are heere slaine with the spoyling of Churches therof ensuing and with the generall oppression of all holy people And yet further Duo filij mihi supererant ad solatium qui bodie mihi misera damnatae supersunt ad supplicium Rex Richardus tenetur in vinculis Iohannes frater ipsius regnum Captiui depopulatur ferro vastat incendijs Two only children of many remained vnto me for my comforte which now are vnto me most miserable and damned woman become a torment King Richard is held captiue in chaines and Iohn his brother doth spoile by sword and fire the said captiues Kingdomes and dominions 40. This and much more to the same lamentable effect wrote this afflicted mother vnto Pope Celestinus in those dayes requesting him by Ecclesiasticall censures to compell both the Emperour and Duke of Austria to set her sonne the King at liberty And to this effect hath she many vehement speaches exhortations vnto him as for example Nonne Petro Apostolo saith she in eo vobis à Deo omne regnum omnisque potestas regenda committitur Benedictus autem Dominus qui talem potestatem dedit hominibus non Rex non Imperator aut Dux à iugo Vestrae Iurisdictionis eximitur Vbi est ergo Zelus Phinees vbi est authoritas Petri c. were not all Kingdomes and was not all power and gouernment committed by God vnto Peter the Apostle and in him to you Blessed be our Lord that gaue such authority vnto men No King no Emperour no Duke is exempted from the yoke of your Iurisdiction And where is then the Zeale of Phinees where is the authority of Peter c. 41. And againe in another epistle Illud restat vt exeratis in malesicos Pater gladium Petri quem ad hoc constituit Deus super gentes regna Christi crux antecellit Caesaris Aquilas gladius Petri gladio Constantini Apostolica Sedes praeiudicat Imperatoria potestati Vestra Potestas à Deo est an ab hominibus Nonne Deus Deorum locutus est vobis in Petro Apostolo di cens Quodcunque ligaueris super terram erit ligatum in caelis quodcunque solueris super terram erit solutum in caelis Quare ergò tanto temporetam negligenter immò tam crudeliter filium meum soluere defertis aut potius non audetis Sed dicetis hanc potestatem vobis in animabus non in corporibus fuisse commissam Esto Certè sufficit nobis si eorum ligaueritis animas qui filium meum ligatum in carcere tenent Filium meum soluere robis in expedito est dummodo humanum timorem Dei timor euacuet This only remaineth ô Father that you draw forth the sword of Peter against malefactors which sword God hath appointed to be ouer nations and Kingdomes The Crosse of Christ doth excell the Eagles that are in Cesars banners the spirituall sword of â—â—ter is of more power then was the
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
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
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
We read also that when in the yeare 1299. King Edward was passed ouer with a great army into Flanders and did destroy that Countrey by fire and sword Pope Boniface sent two Cardinall-Legates to entreat him that he would be content to make truce for two yeares to the intent that peace in the meane time might be concluded adding further-more saith our Author paenam excommunicationis interdicti terrarum suarum the payne of excommunication and Interdict of his countreys if he yeelded not therevnto Sed Rex perpendens c. consensit in treguas indictas saith he the King considering well all circumstances c. did consent vnto the truce appointed by the Pope And wheras the next yeare after by other messengers sent vnto him in Canterb. the said Pope Boniface desired him to put at liberty Iohn King of Scotland which he had in hold assuring him that the King of England should leâ—se nothing by this Eorum petitioni Rex condescendens respondit se ipsum loannem tanquam seductorem falsum periurum ad Papam missurum The King condescending to their petition made answere that he would send the said Iohn as a false periured deceauer vnto the Pope to be punished by him And so he did and they caried him into France with them 18. And when afterward in the yeare 1301. King Edward was busily attent to his warrs in Scotland and Pope Boniface enformed by the grieuous complaints of the Scottish-men that K. Edward did them iniury wrote and gaue in commission to the Archbishop of Canterbury by an expresse messenger named Humbert to goe vnto the King and will him to desiste and to remit the iustice of the matter to be examined and tryed by the Sea Apostolicke anyd though the said King for the present tooke the matter very grieuously and sware that he would prosecute his said enterprize to the vttermost yet a little while after in the same yeare he sent the Earle of Lincolne and Syr Hugh Spencer to the said Sea Apostolicke to shew the right of his cause and what iniuries he had receaued at the Scots hands Iusuper Dominum Papam deprecarentur ne mendacij fabricatoribus sinum aperiret And that moreouer they should beseech the Pope that he would not open his bosome of beliefe vnto the Scottish-men that deuised lyes wherevnto the Pope hearkening wished notwithstanding that the King for his cause would giue the truce for a tyme by him assigned wherevnto the King yeelded 19. And when in the yeare following the said Pope Bonifacius vpon instance of the said Scottish-men wrote more earnestly to K. Edward in this affayre alleadging that Scotland was in the protection of the Sea Apostolicke yea and that it apperteyned also to the temporal right of the Church by submission belike of the Prince and inhabitants thereof at that tyme made the King gathering a Parlament at Lincolne determined therin first to write himself to the Pope about this matter and then that the lay-nobility and people should write another letter somewhat more earnestly to the same effect The Kings letter began thus Sanctissimo in Christo Patri Domino Bonifacio diuina prouidentia Sancta Romanae vniuersalis Ecclesiae summo Pontifici Edwardus Dei gratia Rex Angliae salutem deuota pedum oscula beatorum To the most holy father in Christ Boniface by Gods prouidence supreme Bishop of the holy Romane and vniuersall Church Edward by the grace of God King of England sendeth greeting and the deuout kissing of his blessed feete By which title we may see in what estimation he held the Pope at that day albeit in that letter he doth protest that he doth not send this his iustification for his pretence to Scotland in forme of iudgement to haue it tryed by the Sea Apostolicke as making any doubte therof but only to enforme his Holines conscience which he doth very largely beginning from the comming of Brutus himself into England yet doth he conclude beseeching him not to beleeue the informations of his aduersaryes and emulators Sed Statum nostrum iura nostra Regia supradicta habere velitis si placet paternis affectibus commendata That it may please you to haue our State and Kingly right before laid downe recommended to your fatherly affection 20. But the Earles and Barons and lay nobility of the land that wrote a seuerall letter to the Pope as before hath byn said were more earnest in defence of the Kings title saying Manu tenebimus cum toto posse totisque viribus c. We will hold and defend the same with all our power and forces nor will we permit our King though he would to leaue of this title Quocirca Sanctitati Vestrae reuerenter humiliter supplicamus c. Wherefore we doe reuerently and humbly make supplication to your Holines that you will defend our said King that is a deuout sonne of the Catholicke Romane Church as also his rightes libertyes customes and lawes and permit him to continew therin without diminution or molestation c. Giuen at Lincolne 1301. 21. And by all this now we may perceaue the state of things in our countrey at that time as also the sense and iudgement of K. Edward and his realme about this our controuersie of spiritual and Ecclesiasticall authority And that if this King did vse sometymes some rigorous dealing towards the Clergy it was not for that he doubted of their spirituall authority or esteemed the same to be in himself but partly vpon his forsaid necessity of warre and partly for the emulation conceaued against them by the laity for their wealth and other such causes And as for the lawes which he made in their preiudice as that of Mort-main wherby is prohibited that any thing shall passe ad manum mortuam that is to say to any of their communityes that pay not tribute to the King without the Kings speciall licence some other lawes in like manner for restraint as it seemed of their externall iurisdiction in certaine affaires it proceeded of the same emulation and complaints of the subiects begun in the time of King Henry the third as you haue heard and continued in this mans dayes as also in the dayes of diuers of his succesors But this is nothing to our question in hand though M. Attorney hath nothing else but such matter as this as presently you shall see for now shall we passe to his obiections vnder this King which are foure of very small moment as by handling will appeare The Attorney In the raigne of K. Edward the first a subiect brought in a Bull of excommunication against another subiect of this Realme and published it to the Lord Treasurer of England and â—his was by the auncient common-law of England adiudged treason against the King his Crowne and dignity for the which the offender should haue byn drawne and hanged but at the great instance of the
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
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
euill and pernicious man by excommunication which is an act of externall Iurisdiction called by Canon lawyers Actus sori contentiosi As to absolue or retaine sinnes in the Sacrament are acts of Internall Iurisdiction appertaininge to sorum conscientiae the tribunall of conscience 17. So that as the temporall magistrate for furnishinge of his authoritie hath Power also to punish temporallie when occasion is offered and this either in goods body or life so haue Spirituall Magistrates also by Christ his appointment Ecclesiasticall Power not onlie to teach exhorte instruct and direct as hath been said but to punish in like maner by Spirituall Censures much more greiuous and dreadfull in respect of the life to come than are the fore named punishments of the ciuill magistrate for this life Which Censures are three in number answeringe after a certaine manner to the former three of the temporall magistrate and these are accordinge to Catholike diuinitie and Canons of the Church Suspension Interdict and Excommunication which I leaue further to discusse in this place THE SECOND PART OF THIS CHAPTER About the Subordination of these two Povvers the one to the other and different Greatnes of them both §. I. 18. Vpon these and other like considerations then and premisses Catholike deuines doe deduce that these two Povvers of Spirituall and Temporall Iurisdiction whensoeuer they meet togeather as in the Christian Common-wealth they doe they are subordinate the one to the other according to the rule of Aristotle in Philosophie which holdeth also in this case of diuinitie that whensoeuer the ends of anie faculties be subordinate and doe serue the one to the other there also the faculties themselues are subordinate And so wheras the end of Spirituall Authoritie is to direct men to euerlastinge Saluation of their soules and the end Temporall Gouernment to procure their temporall prosperitie but yet with referment and subordination to the attainment also of life euerlasting in the next world it followeth by most certaine consequence that Temporall Gouernment is subordinate to the spirituall which is so much the more excellent and eminent as is an euerlastinge end aboue a temporall our immortall soule before our corruptible bodyes and the Kingdome of heauen before worldlie prosperitie 19. Out of which considerations no doubt did proceed those speeches of ancient and holie Fathers about the comparison of these two Povvers Ecclesiasticall and Temporall which are founde euery where in their workes highly preferringe the one before the other and subiecting the one vnto the other An me liberè loquentem aequo animo feretis saith S. Gregorie Nazianzen to the Emperour Nam ves quoque c. will you heare me with patience to speake my minde freely vnto you Which truelie you ought to doe for so much as the law of Christ hath made you subiect to my Power and to my tribunall For wee Bishops haue an Empyre also and that more excellent and perfect then yours except you will saie that spirit is inferiour to flesh and heauenly things to earthly But I doubt not but that you will take in good parte this my freedome of speach you being a sacred sheepe of my holie flocke and a disciple of the great Pastor rightly instructed by the Holy-ghost euen from your young years c. So Gregorie Nazianzen to the Emperour 20. And heere we see what difference this greate Doctor and Father S. Gregorie Nazianzen almost 1300. yeares gone did put between these two Powers of Kings and Bishops Ciuill and Ecclesiasticall dignitie euen as much as between flesh and spirit heauen and earth And the same difference doth S. Chrysostome set downe in his bookes of Priesthood and elswere I shall alleadge some place or two out of him as breifly as I may that you may see his sense and iudgement therin though I would wish the Reader to peruse the places themselues heere cited for that they will fullie satisfie him in this matter 21. First then in his third booke of Priesthood comparinge the Power of a King with the Power of a Priest he hath these words Habent quidem terrestres Principes vinculi potestatem verum corporum solum c. It is true that earthlie Princes haue power to binde but our bodyes onlie But the bands which Priests can lay vpon vs doe touch the soule it self and reach euen vnto the heauens so far forth as whatsoeuer Priests shall determine heere beneath that doth God ratifie aboue in heauen and confirmeth the sentence of his seruants vpon earth And what is this I pray you but that God hath giuen all heauenlie Power vnto them according to those words of his VVhose sinnes soeuer you shall retaine they are retained And what Power I beseech you can there be greater then this I read that God the Father gaue all manner of Power vnto his Sonne And I see againe that God the Sonne hath giuen ouer the self same Power vnto Priests c. what a manifest madnes then is it for any man to despise this Princedome of Priests without which we cannot possibly be made partakers either of eternall saluation or of the good promises of our Sauiour c. Quo nomine sacerdotes non modo plus vereri debemus quam vel Principes vel Reges verum etiam maiori honore quam parentes proprios honorare In which respect wee ought to reuerence feare Priests more not only then Princes and Kings but honour them also more then our owne parents c. All these are S. Chrysostomn wordes 22. And the same Saint in his Homilies vpon Esay the Prophet writeth thus Rex quidem ea quae sunt in terris sortitu◠est administranda c. The King hath receiued the administration and gouernment of those things that are on the earth But the Priests authoritie commeth from heauen whatsoeuer you shall binde saith Christ vpon earth that shall be bound in heauen To my King are committed earthlie things but to me heauenlie and when I say to me I vnderstand a Priest c. To the King are committed the bodies to the Priest the soules the King can remitt bodily spotts but the Priest can take away the spotts of sinne Maior hic principatus This principallitie of Priests is greater then that of Kings 23. Aud yet further in another Homilie vpon the same Prophet Sacerdotium principatus est ipso etiam regno venerabilius maiu◠Ne mihi narres purpuram c. Priesthood is a Princedome yea more venerable and great then is a Kingdome Doe not tell mee of the purple or diademe or scepter or golden apparrell of Kings for these are but shaddowes and more vaine then flowers at the spring time Si vis videre descrimen quantum absit Rex à sacerdote expende modum potestatis vtrique traditae If you will see indeed the true difference between them and how much the King is inferiour to a Priest consider
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
tryall of all OF THE SECOND SORT OF PROOFES NAMED DE FACTO VVherto M. Attorney betaketh himselfe alleadging certaine Instances therin And first out of our Kings before the Conquest CHAP. V. THE whole bulke of M. Attorneyes booke such as it is consisteth as before hath byn noted in the recitall of certayne lawes or peeces of lawes and therfore called by him Reports or Relations of clauses found in his Commonlawes or Statutes that may seeme somwhat to sound against the absolute IurisdictioÌ„ Ecclesiasticall of the Bishops and Sea of Rome or to the restraint therof vnder certayne Kings and in certaine occasions and to ascribe vnto the said Kings some Ecclesiasticall power in those cases as afterwards shal be seene Wherin first is to be considered that which before hath been obserued that he abandoning as it were the first head of proofes De Iure flyeth only to the other De facto which alwayes holdeth not for that all factes doe not infer necessarily the right of equity and Iustice as before hath been shewed And secondly if all the examples De facto were graunted in the sense as by him they are set downe yet are they farr of from prouing his principall as often afterwards vpon many particular occasions shal be declared For that his said principall Conclusion is as yow may knowe that Queene Elizabeth by the ancient Common lawes of England had as full and absolute power and Ecclesiasticall Iurisdiction as by any spirituall or Ecclesiasticall person had euer byn at might lawfully be exercised within the Realme And these Instances by him alleadged doe concerne but certaine peeces and parcells of Iurisdiction in some particular cases and causes as by examination wil be found Wherfore to drawe neere to this examination we must vnderstand that M. Attorney rightly deuideth the tymes of our Kings into before and after the Conquest and I shall willinglie follow him in this diuision and search out what Ecclesiastical lawes or Ordinances there were made in those dayes by our Kings of those ages for his or our purpose 2. And first before the Conquest when our best English Kings were most eminent if we respect pietie and religion as liuing neerer to the origen fountaine of their first conuersion fernour of Christian spirit out of this tyme I say and ranke of our Christian Kings froÌ„ Ethelbert the first to K. Edward the last before the Conquest for of K. Harold we make little accompt he being an intruder and raigning so small time and with so many troubles as he did they being otherwise aboue a hundred in number within the space of almost fiue hundred yeares two only inferences he produceth and these of very small moment as presently will appeare yet let vs heare how he beginneth and what Preface he maketh to his proofes in these words To confirme saith he those that hold the truth and to satisfye such as being not instructed know not the ancient and moderne lawes and customes of England euery man being perswaded as he is taught these few demonstratiue proofes out of the lawes of England in steed of many in order serie temporum are here added This is his Preface wherin he promiseth as yow see demonstratiue Proofes which are the strongest most cleer euident and forcible that logicke doth prescribe in any science but we shal be enforced afterward to admitt proofes of a lower degree then demonstrations as by experience you will find Wherefore to the matter 3. His first instance is taken out of the words of a certaine Charter giuen by King Kenulfus of the VVestsaxons some two hundred and fifty yeares after the conuersion of K. Ethelbert of Kent confirmed afterward by K. Edwin Monarch of all England which Charter beginneth thus Kenulfus Rex c. per literas suas patentes consilio consensu Episcoporum Senatorum gentis suae largitus fuit monasterio de Abindon in Comitatu Bark euidam Ruchino tunc Abbati monasterij c. quandam ruris sui portionem id est quindecim mansias in loco qui à ruriculis tunc nuncupabatur Culnam cum omnibus vtilitatibus tam in magnis quam in modicis rebus Et quod praedictus Ruchinus 〈◊〉 ab omni Episcopali iure in sempiternum esset quietus vt habitatores â—iuâ— nullius episcopi aut suorum officialium iugo inde deprimantur sed in cunctis rerum euentibus discussionibus causarum abbatis monasterij praedicti decretis subijciantur itae quod c. Thus goeth the Charter which though M. Attorney thought not good to put in English but to set downe both his pages in Latin yet wee shall translate the same for the better vnderstanding of all sortes of Readers K. Kenulfus c. by his letters parents with the Counsell and consent of the Bishops and Councellours of his nation did giue to the monasterie of Abindon in Barkshire and to one Ruchinus Abbot of that monastery a certaine portion of his land to witt fifteen mansians in a place called by the countreymen Culnam with all profittes and commodities both great and small appertaining therevnto And that the foresaid Ruchinus c. should bee quiet from all right of the Bishop for euer so as the inhabitants of that place shall not be depressed for the time to come by the yoke of any Bishop or his officers but that in all euents of thinges and controuersies of causes they shall be subiect to the decree of the Abbot of the said monasterie so as c. 4. Thus goeth the Charter which if it were all graunted by vs as it lyeth yet is it far of as you see from inferring M. Attorneys conclusion that K. Kenulfus was head of the Church or had supreame power Ecclesiasticall It might make it probable that hee had some Iurisdiction in some particular case but what or how much that was or whence hee had it either of himself or by delegation of another to wit of the Popes or Cleargie that is not euident by the Charter But let vs see what M. Attorney can make of these words for that lawyers commonly can make the most of matters to their aduauntage First he will needs inforce out of his Charter that this K. Kenulfus tooke vpon him Ecclesiasticall Iurisdiction for thus hee writeth By this it appeareth that the King by this Charter made in Parlament for it appeareth to be made by the Councell and consent of his Bishops and Senatours of his kingdome which were assembled in Parlament did discharge and exempt the said Abbot from the Iurisdiction of the Bishop c. And by the same Charter did graunt to the same Abbot Ecclesiasticall Iurisdiction vvithin his said Abbey VVhich Ecclesiasticall Iurisdiction being deriued from the Crowne continued vntill the dissolution of the said Abbey in the raigne of K. Henry the 8. So hee 5. In which words three things are affirmed by him wherof I hould neuer a one to be
it must needs bee that he was gouernour vnder the Pope to whome he professeth as you haue heard obedience and subiection 16. But what proofe think you hath M. Attorney out of this King to shew that he exercised spirituall iurisdiction by vertue of his temporall crowne You shall heare it all as it lyeth in his booke for the whole narration is but of 3. or 4. lines taken out of K. Edward his lawes The words are these in Latin Rex autem qui vicarius summi regis est ad hoc constitutus est vt regnum populum Domini super omnia Sanctam Ecclesiam regat defendat ab iniuriosis malefices autem destruat Which M. Attorney Englisheth thus The King who is the vicar of the highest King is ordeined to this end that he should rule and gouerne the Kingdome people of the land and aboue all things the holy Church that he defend the same from wrong-doers and destroy and roote out workers of mischeif Which words supposing them to be truly alleadged as they lye haue a plaine and easy interpretation which is that the King as Gods minister for so S. Paul called also the hea-Magistrate must gouerne the Church and Cleargie of his land in temporal matters for that they are members also of the Common-wealth as before we shewed In which respect they are subiect to the sayd temporall Magistrate and in that sense to be gouerned by him though not in spirituall things 17. And if M. Attorney will inferre that because the King is cal-called Gods Vicar he hath spirituall Iurisdiction then may he as well inferre that the heathen Magistrate had spirituall Iurisdiction ouer Christians for that S. Paul calleth him the minister of God which is as much in effect as Vicar for that the minister supplieth the maisters place And thus you see that albeit we admit these words as heere they ly alleadged by M. Attorney noe aduantage can be rightly inferred against vs by them But I am forced to suspect some little fraud or shuffling to be vsed in the citation of this peece of law and therfore I intreate the Iudicious Reader who is learned and hath the commodity to see the Originals that he will examine both this and the former instance of K. Kenulfus in the authors whence they are taken for I haue them not by mee 18. The reasons of suspicion are first for that I see M. Attorney his translation in these few lines not to be very exact as it will appeare to him that examineth the same and secondly for that I find this clause of S. Edwards law differently alleaged heare by M. Attorney from that which is cited by Roger Houeden in the life of K. Henry the second as also from another allegation therof by Iohn Fox in his Acts and Monuments by all which may be gathered that the verbe regat is wrongly placed in M. Attorneys allegation which being amended and the said verbe placed before in his dew place the sense is perfect to witt vt Rex regnum terrenum populum Domini regat sanctam eius veneretur ecclesiam ab iniuriosis defendat c. that the King rule his earthly Kingdome and the people of God and reuerence and defend the holy Church Thus I say ought the words to stand to make good and congruons sense and not as they are transposed both by M. Attorney and Iohn Fox to make a blind sense who yet agree not in their allegations therof as in the places cited you may see 19. And this our assertion concerning the true sense meaning of the former clause is confirmed yet further by the words of K. Edward immediatly following in the same law omitted heere by M. Attorney but sett downe by Fox which are these Quod nisi secerit nomen regis in eo non constabit verum Papa Ioanne testante nomen Regis perdet If a King doe not perfourme the points before mentioned of gouerninge his people and defending the Church the name of a King agreeth not to him but he must leese that name as testifieth Pope Iohn So he And the same K. Edward in the end of this speach doth cite the authority of the said Pope Iohn againe saying that the wrote to Pipinus and his sonne Charles beâ—ore they came to be Kings of France that no man was worthy to be called a King except he did vigilantly defend and gouerne the Church and people of God So as now this gouernment of the Church which M. Attorney hitherto hath vrged so much against the Popes authority must be vnderstood according to the meaning and sense only of Pope Iohn who I suppose notwithstanding will not meane that temporall Princes shall be heads of the Church and to haue supreme spirituall Iurisdiction in causes Ecclesiasticall deriued from their Crownes as M. Attorneys meaning is And so you see vnto what good issue he hath brought this argument out of S. Edwards lawes which is that Kings haue so much gouernmeÌ„t ouer the Church as Pope Iohn allowed them and no more 20. And finally let vs heare the words of Pope Nicolas the second to this verie K. Edward concernining the gouernment he had ouer the Church for thus he writeth to him Vobis verò posteris vestris Regibus committimus aduocationem eiusdem loci omnium totius Angliae Ecclesiarum vt vite nostrae cum Consilio Episcoporum Abbalum constituatis vbique quae iusta sunt c. We doe coÌ„mitte vnto you and to the Kings of England your Successours the aduocation and protection of the same place or monastery of VVestminster and of all the Churches throughout England to the end that in our name and authoritie you may by the counsell of your Bishops and Abbots appoint euery-where those thinges that are iust c. By which words is easie to see what gouernment and iurisdiction K. Edward had ouer the Church of England to witt by commission of the Pope noe otherwise By which coÌ„mission also diuers other Catholike Princes haue had in sundrie cases coÌ„mitted vnto them haue at this day spirituall Iurisdiction as namely the Kings of Sicily doe pretend to haue had to haue supreme spirituall authority in that Kingdome as legati à latere by concession of Pope Vrbanus the 2. graunted vnto Roger the Norman Earle of Sicily aboue fiue hundered years past to witt from the yeare of Christ 1097. And yet will none of those that defend this spirituall monarchy at this day for by that name it is called say that it descendeth by right of their Crownes but by concession and delegation of Popes And so much of this matter HOW THE ATTORNEY NOT BEING ABLE TO PROVE HIS AFFIRMATIVE PROPOSITION Of English Kings Iurisdiction Ecclesiasticall before the Conquest VVe doe ex abundanti proue the negatiue by ten seuerall sortes of most euident demonstrations that there was no such thing in that
tyme but the quite contrary CHAP. VI. THov hast seene and considered I doubt not gentle and iudicious Reader how M. Attorney in the former Chapter hath byn grauelled in prouing his affirmatiue proposition that our Kings before the Conquest tooke supreme Ecclesiasticall Iurisdiction vpon them and acknowledged it not in the Pope or Sea of Rome For proofe wherof he brought forth two such poore and petite instances as they being besides their weaknes impertinent and vntrue and not subsisting in their owne grounds they were no more for perfourmance of his promise of cleere and demonstratiue proofes then if a man being bound to pay ten thousand pounds in pure and current gold should bring forth two mites of brasse for discharge of his band And surely if M. Attorney should haue failed soe some yeares gone before he was so wealthie as that taking vpon him with so great an ostentation to proue an affirmatiue assertion of so mayne importance and consequence as this is he should haue performed no more then he hath here done he would neuer haue attained by law to the preferment he hath But now◠perhaps he persuadeth himself that by his only credit already gotten he may say what he will and proue as little as he list because by only saying he shall be beleeued 2. But on the contrary side we require proofes offer proofes gentle Reader for that the matter is of singular great weight euen for thy soule we rest not in ostentation of wordes only but in probation of deedes And though we might remaine sufficiently with the victorie for that our aduersarie resteth with so apparent a foyle in the proofe of his forsayd affirmatiue yet that you may see and behold as in a glasse the difference of our cause and confidence therin I haue thought conuenient out of the great aboundance and variety of proofes that our truth hath in this controuersie as well as in all others betwene vs and Protestants to take vpon me to proue the negatiue against M. Attorney which of it self is euer more hard as you know than to proue an affirmatiue except euidence of truth doe facilitate the matter as in our case and to proue and make euident by sundry sortes of cleere and perspicuous demonstrations nyne or ten at the least that during the tyme before the Conquest no one of all our Christian English Kings exceeding the number of an hundred as before hath been said did take vpon them either to be heads of the Church or to be supreme gouernours in Ecclesiasticall causes or to haue any spirituall Iurisdiction al deriued from the right of their Crownes or denyed this to be in the Pope Bishops only or did make any Ecclesiastical lawes concerning spirituall matters and consequently that this Treatise of M. Attorney Of the Kings Ecclesiasticall law doth apperteine no more vnto them in realitie of truth than to the man in the Moone to gouerne the heauens For that they neuer so much a◠dreamed of any such thing nor of any one of the forsaid clauses of spirituall power Iurisdiction to belong vnto them which heere shall brefely be proued with such variety of demonstrations taken out of their owne words dedes decrees actions as I doubt not but will make more then morall euidence The first Demonstration 3. The first Demonstration may be taken from the consideration of all the auncient lawes made by Christian Kings in our Countrey before the Conquest euery one in his seuerall State and Dominion according to the tymes and places they raigned in and gouerned their Commonwealthes both Britanes Saxons and Danes and among the Saxons againe their Kings and Princes in euery of their seuerall Kingdoms about which point Malmesbury writeth thus of the noble King Inas Porrò quantus in Dei rebus fuerit indicio sunt leges ad corrigendos mores in populo latae in quibus viuum ad hoc tempus puritatis suae resultat speculum How great a King Inas was in Gods affaires the lawes which he made to correct the manners of his people doe sufficiently declare in which vntill this day there is seen as in a liuely glasse the said Kings purity of mynde And the like lawes no doubt other Kings also made in their Dominions all which remained afterwards to their posterity vnder the names of Mulmutian lawes For the lawes of the Britans as also the lawes of the Mercians called in their tongue Mercen laga and of the West-Saxons called VVest-saxen laga and of the Danes named Dan laga stood in force vntill England came to be a Monarchie when the first authour of the said Monarchie King Egbert began first to drawe them into one body of conformity But after him againe K. Edgar surnamed the peaceable and wise King confirmed the same and sett them forth but by the warrs and confusion of the Danes which after his death ensued they were for the most part put out of vse againe vntill K. Edward the confessor recalled them encreased and made them perfect and by the counsaile of his Peeres and Realme did frame a new ordination of the same lawes which remained afterwards vnder the name of K. Edward his lawes and were so much approued and loued by the people as Iohn Fox also out of Mathew Paris doth affirme that the common people of England would not doe obedience to VVilliam Conquerour but that first he did sweare to keepe these lawes which oath notwithstāding saith he the Conquerour did afterward breake and in most points brought in his owne lawes So Fox which if it be true yet is it to be vnderstood principally of his lawes appertayninge vnto secular men for that in the rest which concerned the Church her priuiledges he followed absolutely the lawes of K. Edward as in the next Chapter shall appeare where we shall sett downe the said Conquerour his lawes in this behalfe which are as fauourable and respectiue vnto Ecclesiasticall power and persons as of any one King eyther before or after him 4. Wherevpon it followeth that M. Attorney who so often iterateth this worde of auncient and most auncient common-lawes of England which as he saith but cannot proue did authorize Q. Elizabeth her spirituall Iurisdiction ouer the Church speaketh but in the ayre and at randome beating vs still with the empty sound of these words without substance For in reall dealing he should haue alleadged some one law at least to that purpuse out of all these before the Conquest if he had meant to be as good as his word 5. But this he cannot doe as already you haue seen by his two poore instances and we doe shew on the contrary side that all these and other lawes of these dayes were for vs in the fauour of Catholike Religion and particularly for the liberties franquizes priuiledges exemptions and immunities of the Church and Clergie according to the Canons and Decrees of the Popes Ecclesiasticall law
as in the precedent demonstration you haue heard yet in Ecclesiasticall and Church-matters they had all one and the self same lawes though they were different Kings and enemyes for the most part one to the other liuing in continâ—all warrs for the suspition the one had that the other would encroache vpon him And yet shall you neuer reade that any of them did goe about to punish a Priest or Clergie man for bringing in any Ecclesiasticall ordinance function or order from his enemyes countreyes which is an euident argument that all was one in Ecclesiasticall matters and consequently that these lawâ—â— and ordinances did not proceed from any of the Kings authority in their particular Kingdomes for then would not the other haue receaued the same but from one generall body and head which is the Church and vniuersall gouernour therof 17. To all which may be added this consideration of one Metropolitan the Archbishop of Canterbury who had the spirituall iurisdiction ouer the far greatest part of all these English Kingâ— Dominions wherof diuers were enemyes in temporall mattâ—â—â— to the King of Kent in whose territoryes his Bishopricke and Residence was yet did no one of all these other Kings except against this his spirituall authority ecclesiasticall iurisdiction in matters belonging to Religion which doth euidently demonstrate that this Ecclesiasticall power of the said Archbishop was a different thing from the temporall of these Princes and placed in a different person and that all these Kings were one in acknowledgemeÌ„t of obedience vnto this spirituall iurisdiction though in other things ech man had his temporall power and State a part But if these powers were combyned togeather in the person of the Prince and annexed to his Crowne and Scepter as M. Attorney doth pretend then would ech of them haue had a seuerall Metropolitan vnder him independent the one of the other which we see was neuer attempted but all acknowledged the said Archbishop of Canterbury or the other of Yorke in their districts acâ—ording to the power and limitations giuen them by the Bishop of Rome as already hath byn declared And though much more might be said in this point and many particularities alleadged which for breuities sake I omitt yet this already said will suffice to shew the force of this argument 18. One thing only I may not let passe to aduertise the reader of which is a certaine wyly slight deuised by M. Attorney to decline the force and euidence of this proofe saying that albeit those Ecclesiasticall lawes were taken from others yet being allowed and approued by the temporall prince they are now his lawes But this shift is refuted by that which already we haue sett downe before For if one the self-same Ecclesiasticall law receaued by seauen Kings and Kingdomes ioyntly within our land shal be said to be ech Kings proper lawes for that they are approued and receaued by him his realme then shall one and the self-same law haue seauen authors yea more then seauenty for that so many Kingdomes and States as through-out Christendome shall receaue the same Ecclesiasticall and Canon-law for example made and promulgated by the generall Pastor therof ech particuler Prince I say admitting the same as he is bound to doe if he be truly Catholike shal therby be said to be the particular author therof which is no lesse ridiculous then if a man should say that euery prouince in France admitting a law made by the King in Paris should be the seuerall makers of that law But for that I shall haue occasion perhaps to handle this point more at large afterward I shall say no more now but passe to another Demonstration The third Demonstration 19. The third Demonstration consisteth in this that in all the tyme of our Christian Kings before the Conquest being aboue an hundred in number in the space of almost fiue hundred yeares as before hath byn said all doubts or difficulties of greatest importance that fell out about Ecclesiasticall busines or meÌ„ all weighty consultations and recourse for remedy of iustice and decisions in Ecclesiasticall causes of most moment were not made to the Kings of our Realme nor to their Tribunalls but to the Bishops of Rome for the tyme being as lawfull iudges therof both by the subiects and Princes themselues and consequently those Princes did not hold themselues to be heads of their Churches nor did thinke that they had supreme Ecclesiasticall iurisdiction deriued from their Crownes And this point is so euident in 〈◊〉 the course of our ancient English histories so aboundant to amples doe euery-where offer themselues to this effect as a whole booke might be made of this point only But I shal be myndfull of breuity and out of many and almost infinite examples name a few obseruing also some order of tyme therin 20. We haue said somwhat before in the next precedent demonstration of the beginning of spirituall Iurisdiction exercise therof in England by S. Augustine our first Archbishop vnder Gregory the Pope both of them our Apostles who did exercise and put in vre spirituall iurisdiction ouer all the Church of England without reference to K. Ethelbert though he were a Christian and a very good Christian King And when the sayd S. Augustine dyed he remitted not the matter to the said King to appoint an Archbishop after him but by concession of the Sea Apostolike did nominate two that should succeed him in order Laurentius and Mellitus vpon the yeare of Christ 604. as S. Bede doth testifie And some six yeres after that againe the said Mellitus being Bishop of London and hauing begun to buyld a certaine Monasterie at the west part of that Citty called afterward VVestminster intending to make it a Seminary of Bishops and Clergie-men for the spirituall help of the whole realme he esteâ—med it of such importance as for that and other such Ecclesiasticall affaires he went to Rome to take direction therin from Pope Boniface the 4. who thervpon called a Synod togeather in Rome de necessarys Ecclesiae Anglorum causis ordinaturus saith Bede to ordeine what was conuenient about the necessary occasions of the English Church And that Mellitus had his seat and place also as Bishop of London in that Synod To the end saith he that he retourning into Britany should carry the ordinations of this Synod to be obserued by the Church os England and Clergie therof And further he addeth that â—â—nisacius the Pope wrote letters by the said Mellitus as well to Lauâ—ence then Archbishop of Canterbury as to Ethelbert their King and to the whole nation of English-men though now the said leâ—ters be not extant yet herby it is euident what authoritie they acknowledged in those daies to be in the Bishop and Sea of Roâ—â— about English affaires and that neither King Ethelbert of Kenâ— nor King Sebert of London and Essex being both Christian princes did repyne therat as
iurisdiction of his Church of Canterbury vsed such meanes as at length he persuaded K. Kenulphus to be content therwith and that himself might goe in person to sollicite the same and so he did with a letter of the sayd King himself and of all his Bishops and nobilitie gathered togeather about that affaire you shall heare some clauses of the said letter and therby iudge of the rest It beginneth thus Domino Beatissimo c. To the most Blessed and most louing Lord Leo Bishop of the Holy and Apostolicke Sea of Rome Kenulphus by the grace of God King of the Mercians with the Bishops Dukes and all other degrees of honour and dignitie vnder our Dominion doe send salutations of most syncere loue in Christ c. This is the title of the epistle wherin after many thankes giuen to God for the election of 〈◊〉 good and pious a Pastor in place of Adrian deceased he shewed the speciall reason why English men aboue others had cause to reioyce therat saying Nos quoque meritò quos extremitas orbis tencâ— prae caeteris gloriamur quia vnde tibi Apostolica dignitas inde nobis fidei verâ—tas innotuit We also which dwell in the extreme partes of the world doe reioyce aboue other men at your election for that whence you haue receaued your Apostolicall dignitie the â—â— haue we receaued the truth of our faith And then he goeth forward desiring humbly Pope Leo to giue him his Apostolicâ—â—â— benediction to the end he may gouerne his people well 〈◊〉 benediction saith he all my ancestours that haue raigned ouer the Mercians haue obteyned of your predecessours I doe in all humility demaund the same of you and that you will take me for your adopted sonne as I doe loue you as the person of my father and doe embrace you with all the force of obedience that I can These are his owne words 32. And then yet further after diuerse such speeches of piety he commeth to beseech the said Pope to examine the matter to resolue the doubt which the Archbishop Athelardus was to propose vnto him about the iurisdiction of the Sea of Canterbury that the decision might be according to the Canons and Apostolicall decrees of S. Gregory the first who sent S. Augustine into England and by his authority founded that Sea of Canterbury shewing moreouer that his predecessor King Offa was the first that euer attempted to withdraw the Bishopricks of Mercia from the obedience of Canterbury and that as he saith for emnytie that he had with Archbishop Lambert and for aduauncing his owne Kingdome of Mercia by making LICHFIELD a Metropolitan Wherfore he concludeth thus Quare Excellentiam vestram humiles exor amus quibus à Deo merito clauis scientia collata est vt super hac causa cum Sapientibus vestris quaeratis quicquid vebis videatur nobis seruandum rescribere dignemini c. Wherfore we humbly beseech your excellency vnto whome God hath worthily giuen the key of knowledge that you will consulte with your wise learned men about this cause and whatsoeuer shall seeme good to you doe you vouchsafe to write it backe vnto vs that we may obey and obserue the same 32. Thus wrote K. Kenulphus vnto whome the Pope answered Domino excellentissimo filio Kenulpho Regi Merciâ—rum Prouinciae Saxoniae Leo Papa c. And in this letter after congratulation of the piety of the sayd King and commendation of the Archbishop Athelard he declareth that according to the Canons of holy Church and institution of S. Gregory the first which institution he saith he found extant in the Recordes of the Roman Church he determined that all the Bishops and Bishoprickes of Mercia should retourne to the obedience of the Sea of Canterbury againe then for more commendation dignity and authoritie of the Archbishop Athelard he hath these wordes VVe by the authority of S. Peter Prince of the Apostles whose place though vnworthily me doe hold haue giuen vnto him such preheminence as if any one of his subiects whether they be Kings or Princes or any of the people shall transgresse the commaundements of God he may excommunicate them vntill they repent and if any repent nâ—t and marke that the King and his Princes also are declared to be subiect to him and to his Ecclesiasticall Censures let them be held â—â— heathens and Publicanes So he And by these two examples of King Offa and Kenulphus in their recourse to Pope Adrian and Leo the third in so great an affaire as this was concerning their state dominions we may easily see what accompt they made in those dayes of the Popes authoritie in like cases and they neuer so much as dreamed that themselues by right of their temporall Crownes had power or right to determyne the same 33. I might adde to this consideration of missions out of our Realme into diuerse countryes for preaching the word of God which allwayes was done by the Popes order and commission not by temporall princes as all examples doe testifye both the sending of our Apostles first preachers Augustine Laurence Paulinus Iustus Mellitus Honorius Theodorus into England as also when Germany Frizland and other Countries were by Gods holy prouidence and appointment to be conuerted by English-men Bonifacius VVillebrordus and others they tooke not their mission from temporall Princes but from the Popes no not of the Princes of the places themselues For when S. VVillebrord was to goe to preach in Frisia which newly by force of armes King Pipin had subdued Florentius writeth thus VVillebrord hauing obteyned licence of Prince Pipin to goe and preach in Frisia went to Rome to aske licence of Pope Sergius that he might begin his worke of preaching which hauing obteyned he began the same Anno. 693. foure yeres after he was made Archbishop of the sayd Countrey by the Sea Apostolicke as S. Bonifacius was of the Germanes 34. And so much of this third demonstration might suffice because we haue byn ouerlong already but that I cannot well omit one other consideration of moment to the same purpose which is of certaine dispensations vsed to be procured froÌ„ Rome in those auncient times afterward for quetting of mens consciences when any scruple fell out As for example When King Egbert the first famons Monarch of our English Realme dyed vpon the yeare of Christ 839. as Stow reckoneth the yeares though others assigne it some yeares before there remayning vnto him one only child called Adelnulfus or Ethelwolfus or Adulphus for by all these three names there is mention of him in diuers authors who being brought vp Sub Sanctissimo padagâ—go Swithunâ— saith Malmesbury vnder the most holy scholmaister S. Swithyll Bishop of VVinchester was at length made subdeacon as the same author saith of that Church some other as Stow citeth doe affirme that he was made Bishop of VVinchester and Abbott of Geruaux
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
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
certayne words in the charter of K. Kenulsus to the Monastery of Abindon would seeme to persuade himself others that our English Kings in those dayes did take vpon them spirituall iurisdiction to giue priuiledges exemptions from Episcopall authoritie vnto Monasteryes and consequently that they had all supreme iurisdiction Ecclesiasticall in as ample manner as Q. Elizabeth tooke vpon her or was giuen vnto her by Act of Parlament which is a most euident dreame as you see The fifth Demonstration 49. Now then to passe to the fifth argument which maketh matters yet more manifest the same is taken from the consideration of Appeales when any controuersie fell out either betwene the King and his Bishops or betwene any lay power and Ecclesiasticall or betwene Bishops and Churches themselues which Appeales shall neuer be read to haue byn made in these times before the Conquest either to the King or to his secular Courtes but rather to the Archbishop of Canterbury or to the Pope for the tyme being 50. And albeit in this time of religious feruour of our Engâ—â—â—â— Kings there were fewer occasions giuen of Appeales to the Sea Apostolicke then after the Conquest when Kings were lesse deuout and sometymes more violent as may appeare by the examples of S. Anselme S. Thomas S. Edmond all three Archbishops of Canterbury Thurstan S. VVilliam Gaufred Archbishops of Yorke S. Richard of Chichester Hugh of Durham to speake nothing of that notorious Appeale betwene Richard of Canterbury against King Henry the third and Hubert Earle of Kent and diuerse others as is euident by the histories of our Countrey in which we fynde that alwaies the Bishops for remedy of such aggrieuaunces as either by the Kings Nobility or others after the said Conquest were layd vpon them or their Churches made their recourse for succour to the Sea Apostolicke yet before the Conquest also though the occasions as I said were not so frequent sometimes they were driuen to vse the benefit of this remedy as we see in the two Archbishops of Canterbury Lambert and Athelard before mentioned vnder King Offa and Kenulfus of the Mercians and before that againe in the famous cause of S. VVilfryd Archbishop of Yorke who in the very first age after our conuersion was twice put out of his Bishopricke and forced to appeale to Rome first by Egfryd King of the Northumbers and then by Alfryd his successour with the concurrence against him of certaine Bishops And both times he appealed vnto Rome as S. Bede declareth and to follow his appeales went thither twice in person and was twice absolued first by Pope Agathâ— in a Synode of an hundred twenty and fiue Bishops vpon the yeare of Christ 679. and the second tyme by Pope Iohn the seuenth six and twenty yeares after to wit vpon the yeare 705. Of the first absolution S. Bede himself writeth that he was not only found innocent and thervpon cleered by the Pope and whole Synode as hath byn said but that they thought good likewise to giue him his place in the said Councell and to note his absolution and the speciall respect borne vnto him in the very acts of the sayd Councel holden against the Monothelites in these words VVilfryd the beloued of God Bishop of the Citty of Yorke hauing appealed to the Sea Apostolike in his cause and being absolued by the authority of this Councell in all things both certaine and vncertaine was placed in his seat of IudgemeÌ„t togeather with an hundred twenty fiue his fellow-Bishops in this Synod and hath confessed the true and Catholike faith and confirmed the same by his subscription for himselfe and all the north partes of Britanny and Ireland which are now inhabited by English-men Britanes Scotts and Picts 51. Thus relateth Bede of S. VVilfrids first appellation and most honourable absolution in Rome and that then retourning to his countrey he conuerted the kingdome of the South saxons and that afterward againe being inuyted by King Alfred that succeeded Egfryd to returne to his Bishopricke of Yorke heat length vpon persuasion of good men accepted therof But after fiue yeres he was expulsed againe by the said Alfred and appealed againe to the Sea Apostolike and went to Rome to Pope Iohn the seuenth as hath byn said who hearing his cause in the presence of his aduersaryes and accusers togeather with many Bishops that did sit in IudgemeÌ„t with him Omnium iudicio probatum est c. saith Bede It was proued by the iudgement of all that his accusers had deuised certaine calumniations against him whervpon he was absolued and letters were written saith Bede by the foresaid Pope Iohn vnto Alfred and Edelrede Kings of England that they should cause him againe to be receaued into his Bishopricke for that he had byn vniustly condemned This is the summe of the story breifly sett downe by S. Bede But VVilliam of Malmesbury writeth the same to witt both these appellatious of S. VVilfryd much more at large telling how the first persecution against this holy Bishop had beginning from the enuy of Queene Ermenburga second wife to King Egfryd of the Northumbers who vnderstanding that his first wife Ethelreda did loue reuerence much this good man she thought it a sufficient cause for her to hate him and so incensing first the King her husband against him by saying that he was rich and that many gaue their goods vnto him to build Monasteryes she drew by little little the King to mislike him as also she did by like meanes sleights incense the good Archbishop Theodorus of Canterbury to impugne and contradict him 52. The same Malmesbury also setteth downe the particulars that passed in that Councell wherin he was absolued at Rome and how at his retourne into England with the Popes letters the said Theodorus Archbishop of Canterbury repented himself much that he had byn drawne against him and wrote earnest letters vnto King Alfred that had succeeded Egfrid that he would admit him againe into his Archbishopricke of Yorke saying among other words Et ideo charissime te admoneo in Christi charitate pracipio tibi c. And therfore most deere King I doe warne you and in the loue of Christ doe commaund you Ego Theodorus humilis Episcopus decrepita aetate hoc tuae beatitudini suggero quia Apostolica hoc sicut scis commendat auctoritas vir ille sanctissimus in patientia sua possedit animam suam c. I Theodorus humble Bishop of Canterbury in this my broken old age doe suggest this vnto your Happines or Maiesty both for that the authority of the Sea Apostolike as you knowe doth commend it to be done and the holy man VVilfryd hath according to the saying of our Sauiour possessed his soule in his owne patience and most humbly and myldly forgetting the iniuries done vnto him hath followed the example of his head and maister Christ and hath expected the
tyme of the Danes themselues as presently shal be shewed 68. And for breuities sake it will be least perhaps to alleadge here the wordes of one that was skillfull in the matter for that he had byn Collector or gatherer of this tribute for diuerse yeres togeather in England vnder the sayd King Henry to whome also he dedicated his historie to wit Polidor Virgil an Italian Archdeacon of VVells who out of al historiographers had gathered the grounds and antiquities of this tribute and in the life of King Inas of the VVest saxons hauing shewed and declared first togeather with all other auncient writers how wise valiant and pious a King he was and what singular monuments therof he had left behinde him as among other the buylding of the Church of VVells the Abbey of Glastenbury the like he finally concludeth thus Officia eius Regis pietatis plena infinit a referuntur illud imprimis quod Regnum suum Romano Pontifici vectigale fecerit singulis argenteâ— nummis quos denarios vocant in singulas domus impositis c. There are infinite good workes of this King related by Historiographers full of piety and this among the first that he made his Kingdome tributary to the Bishop of Rome imposing vpon euery house a penny And all England at this present time doth pay this tribute for piety religious sake to the Bishop of Rome gathered from euery house of the whole Kingdome and vulgarly they are called the pence of S. Peter which the Pope gathereth vp by his officer called Collectour which office we for some yeres did exercise in that Kingdome and for that cause went first of all thither Thus Polidor 69. Iohn Stow doth set downe many particularityes of the rich gifts of gold and siluer vestments Church-ornaments which this King Inas gaue and bestovved vpon the Church of VVells buylded by him He testifieth also of his gyft of Peter-pence imposed vpon his Kingdome as giuen about the yeare of Christ 705. And Polidor hath further these wordes of him King Inas being exceeding desirous to amend and establish the state of his Kingdome and to instruct his subiects how to liue well and happily did make most holy lawes and left them to be obserued But the wickednes of his posterity hath by little and little worne out the same And lastly after all this glory wherin he had raigned thirty seuen yeres he leauing voluntarily his Kingdome wâ—â—â— to Rome for deuotion and pietyes sake and there saith Stow liued and ended his life in poore estate And heare now I would 〈◊〉 whether any of these lawes made by King Inas were likely to be against the Popes spirituall iurisdiction or in fauour therof And if the later may with more reason be presumed then haue we more auncient coÌ„mon-lawes that is to say temporall lawes against M. Attorney then he can alleadge any for himself to the contrary 70. But to goe forward in shewing the continuance confirmation and encrease of this temporall tribute to the Pope of Rome the said Polidor writing of King Offa the most famous and valiant King of the Mercians and shewing how wicked cruell he had byn first and how godly he became afterward hath these words He built the magnificent Cathedrall Church of Hereford and adorned the same with most ample gifts he caused to be sought out the body of S. Alban and placed the same in a monastery of S. Benedicts order built by himself and further he builded the monastery of Bath And yet more for further satisfaction of his former synnes he passed the Ocean sea went to Rome and there made tributary his Kingdome of Mercians to Adrian the Pope by imposing that tribute vpon euery house of his people which was called Peter-pence and this as some thinke by the imitation of King Inas which had done the same some yeres before in the Kingdome of the VVestsaxons And this saith Polidor was done by Offa vpon the yere 775. which was according to this accompt seuenty yeres after the other And this King Offa was he who made the famous Dich betwene his Kingdome VVales called Offa-hiâ—-dich raigned thirty and nyne yeres in al prosperity and had present with him that subscribed to his Charter for the founding of the monastery of S. Albanes besides his sonne and Prince Egfryde nyne Kings fifteene Bishops and ten Dukes as Stow relateth out of the Charter it self dated the thirty and three yere of his raigne and of Christ our sauiour 793. 71. And about some fourscore yeres more or lesse after this againe King Adelnulph otherwise called Edelnulph or Edelph sonne and heire to King Egbert the first great Monarch that gaue the name of Anglia or England to our Countrey hauing adioyned vnto his Kingdome of the VVest saxons fiue more to wit that of the Mercians Kentish saxons East-saxons South-saxons and VVelsh-men This Adelnulph I say comming to raigne after his Father was a rare man of vertue and left exceeding many monuments of piety behind him gaue the tenth parte of his Kingdome to the mayntenaunce of Clergie men sent his yongest sonne Alfred to Rome to liue there and to be brought vp vnder Pope Leo the 4. and afterward resolued also to goe himself in person He went saith Polidor to Rome vpon a vow and was most benignly receaued by Pope Leo the fourth and there he made tributary vnto the Pope of Rome such partes of the Iland as King Egbert his father had adioyned vnto the Kingdome of the VVest-saxons imitating herin his predecessour King Inas and moreouer made a speciall law therof that whosoeuer had thirty-pence rent in possessions by the yeare or more houses then one should pay yearely a penny for euery house which they did inhabite that this should be paid at the feast of S. Peter and S. Paul which commeth vpon the 29. of Iune or at the furthest at the feast of the Chaines of S. Peter which is the first of August So Polidor adding that some doe attribute this law vnto King Alfred his sonne when he came to raigne but not truly for that it was made by Adelnulph vpon the yeare of Christ 947. 72. Here now then we haue this tribute graunted and confirmed by three seuerâ—â—l Kings the first of the VVest-saxons yet in effect Monarch of England And some haue noted that as the VVest-saxons Mercians were the first that made this offer of tribute vpon deuotion to S. Peter and his Successours so were they the Kingdomes that were most aduanced in their temporall felicity and successes and finally were vnited togeather vnder one Monarch And that of the VVest-saxons being the first and last that gaue and confirmed and continued the same grew to be the Monarch ouer all the rest For as for the continuance perpetuall payment therof to the Church of Rome throughout all tymes there can be no doubt made for that in the yery
like togeather Relictis vxoribus agris cognatis patria propter Christum c. ad limina Apostolorum in precibus ieiunijs elecmosynis vsque ad diem vltimum permanserunt They leauing their wyues their possessions their kynred their countrey for Christ went to Rome and there neere vnto the Apostles bodyes they perseuered in praying fasting and giuing almes vnto the end of their liues 78. But S. Bede setteth forth this famous fact in other words describing also the persons of these two noble Kings Kenredus saith he who for a tyme had most nobly gouerned the Kingdome of the Mercians did much more nobly leaue the same giuing ouer his scepter willingly to his nephew Celred and went to Rome where he liued in prayer fasting and almes vntill the last day of his life And with him went Offa the sonne of Sigard King of the East-saxons Iuuenis amantissima aetatis venustatis c. a young man of a most louely age and beauty and most singularly desired by all his nation that he would stay amongst them enioy his Kigdome but he being led with the deuotion of his mynd left his wife his possessions his kynred and countrey for Christ and his ghospell that he might receaue a hundred fold in this life and in the world to come life euerlasting Thus S. Bede who was of a far different mynd from M. Attorney as you see 79. And Florentius addeth further to this history that with these two Kings went to Rome as ghostly father and spirituall directour of their iourney the famous holy man S. Egwyn before mentioned third Bishop of VVorcester and founder of the Monastery of Euesham for which he obteyned priuiledges and exemptions of Pope Constantine then Bishops of Rome and carried them home with him as before hath byn declared And Platina in the life of the same Constantine maketh mention also of the coming to Rome of these two Kings and what a rare spoctacle of vertue and deuotion it was to the whole Christian world to see two such excellent Princes in their youth and beginnings of their raignes to take such a rare resolution of leauing the world and following Christ in the strait and narrow path of perfection 80. As it was in like manner some twenty yeres after according to the forsaid Florentius to see the great and potent King Inas of the VVest-saxons to come thither with like resolution of mind who hauing byn a famous warrier for the space of seuen and thirty yeres in the end leauing his Empyre saith Florentius and commending the same to noble Athelard that was of the line of Cerdicus first King of VVest-saxons he resolued to goe to the Churches of the Apostles in Rome vnder Gregory the Pope and there to end his life and this worldly peregrination on earth neere to their bodyes to the end that he might the more familiarly in heauen be receaued into their companyes So he 81. But Malmesbury expresseth the same in more pregnant effectuall words after his sort Post triumphales bellorum manubias post multarum virtutum gradus summum culmen perfâ—ctionis meditans Romam abijt Ibi ne pompam suae conuersionis faceret non publicis vultibus expositus crimen sed deposuit vt solius Domini oculis placeret amictu plebeio tectus clà m consenuit After triumphant victoryes and spoyles of warre after the degrees of many vertues obteyned King Inas proposing to himself the highest toppe of perfection went to Rome and there least his conuersion might be glorious vnto him he did his penaunce or layd downe his synnes not in the pâ—â—blike eyes of the world but rather desiring to please only the eyes of almighty God he put himself into a vulgar habit and â—â— that he ended his life So Malmesbury 82. All which in effect was set downe before by S. Bede who calleth this Inas by the name of Hun that succeeded King Ceadwalla in the Kingdome of VVest-saxons who after thirty seuen yeres raigne Relicto regno ad limina Beatorum Apostolorum Gregorio Pontificatum tenente profectus est cupiens in vicinia locorum sanctorum c. He leauing his Kingdome went to Rome vnder the Popedome of Gregory desiring to liue and dy vpon earth neere to the Apostles Churches to the end he might enioy the better afterward their familiarity in heauen 83. And a little before this man againe his said predecessour Ceadwâ—lla tooke the like iourney to Rome for deuotion of the place being vet vnbaptized as S. Bede writeth the story in these words Ceadwalla King of the VVest saxons when he had gouerned his people with great fortitude for two yeres leauing his scepter for Christ and his euerlasting Kingdome went to Rome desiring to obteyne this singular glory to be baptized in the Church of the blessed Apostles in which baptisme he had learned that the only entraunce to heauen for mankind did consist hoping most certeinly that being once baptized he should soone after dye and be receaued into euerlasting glory both which points by the help of our Lord were perfourmed vnto him as in his mynd he had conceaued and so comming thither vpon the yere of Christ 689. Sergius being Pope he was baptized on Easter eue and soone after being yet in his white attyre according to the custome of holy Church he died vpon the 19. of Aprill immediattly ensuing and was buried in S. Peters Church whose name in baptisme he had taken and from thence his soule passed to the ioyes of heauen Thus S. Bede and touching this recourse pilgrimage to Rome he addeth in the same place Quod his temporibâ—s hoc idem plures de gente Anglorum nobiles ignobilesque laici clerici viri faeminae certatim facere consueuerunt that in these times many of the English nation both noble vulgar lay men Ecclesiasticall men and women were accustomed to doe the same with great feruour 84. Wherfore out of all these considerations and the like it seemeth we may deduce that for so much as our English Kings and people in those dayes were so singularly deuoted vnto the Sea of Rome and Bishops therof as they gaue themselues their goods their honours their whole life therunto it is not likely that they had that conceit of Rome then as we haue now or that they liued in iealosie or competency of Ecclesiasticall iurisdiction with the same or thought themselues iniured by the spirituall power which the said Sea did vse and practise ouer England and other Kingdomes of the world in those times And much lesse can it be presumed that they challenged to themselues or made lawes in those dayes in fauour of their owne Ecclesiasticall iurisdiction in restraint of that of the Popes and consequently M. Attorney I trow will hardly proue by the most ancient lawes of those times that Q. Elizabeth could iustify the supreme Ecclesiasticall authority which she
greatly this violent seuerity towards Ecclesiasticall persons One thing saith he among so many excellent monuments of your royall vertues doth greatly mislike and afflict me and contristate my louing heart towards you that in the taking and detayning prisoner your brother Otho Bishop of Baion you had not that care which was conuenient of your Princely reputation but did prefer the secular caution of your temporall state before the law of God in not bearing more reuerence vnto Priestly dignity So he 4. And this very same violent nature of K. VVilliam who had byn a souldiar and borne armes and brought vp in continuall bloud-shed from eight years old as himself testifieth was that which pious and learned Lanfranke nominated chosen Archbishop of Canterbury after the deposition of the foresaid Stygand did so much feare and mislike at his first comming into England as may appeare by an epistle of his to Pope Alexander the second that had commaunded him sore against his will to leaue his monasterie in Normandy and to take that Archbishoprick vpon him but now being come into England and seeing how matters did passe there he was vtterly dismayed and besought the Pope by all means possible and by all the most effectuall wayes of persuasion he could deuise that he might be rid of it againe Your legat said he hauing gathered a Synod heer in Normandy commaunded mee by the authority of the Apostolike Sea to take the gouernment of the Church of Canterbury vpon mee neither could any resistance of my parte by laying forth the weaknes â—f my body the vnworthines of my person the lack of skill in the English tongue the barbarousness of the people nor any other such excuse take place with them wherefore at length I gaue my consent I am come hither into England and haue taken the charge vpon me wherin I find so great trouble and affliction of mind such rediousnes of my soule such want of courage in my self such perturbations such tribulations such afflictions such obdurations such ambition such beastlynesse in others and doe euery day heare see and feele such misery of the Church as it loatheth me to liue and am sory that I haue liued vnto this day For as the euils are great for the present so doe I expect far greater for the time to come c. Wherfore I doe most humble beseech your Highnes euen for Gods sake and for your owne soule that haue bound me to this charge that you will absolue me againe let me returne to my monasticall life which aboue all things in this world I loue and desire and let not me haue denyall in this one petition which hath both piety iustice and necessity in it c. 5. So wrote the Archbishop Lanfrank And that the most of this was meant in respect of difficulties with K. VVilliam himself it may be gathered by that in the same letter he desireth the Pope to pray for the said King VVilliam and among other points Vt cor eius ad amorem suum Sanctae Ecclesia spirituali semper deuotione compungat That God allmighty will stir his heart to loue him and his holy Church and bring it to compunction by spirituall deuotion For this was the thing that King VVilliam had most need of to wit spirituall compunction with a tender conscience whose affections were more out of order commonly then his iudgement which himselfe confessed with great lamentation at his death as you may read in Stow and other Authors For he I meane the King hauing related his hard proceedings in England he said that he was pricked and bitten inwardly with remorse and feare considering that in all these actions saith he cruell rashnesse hath raged And therfore I humbly beseech you ô Priests and ministers of Christ to commend me to the allmightie God that he will pardon my sinnes wherwith I am greatly pressed c. And wheras a little before he had raged in his warres against the Towne of Meaux in France and had burned diuers Churches therin and caused two holie men Anchorites to be burned in their Cells wherin they were included which might seem to be an act of no very good Catholike man God stroke him for it presentlie yet was not this of iudgement but of rage to vse his owne word and he sorely repented the same soone after and sent a great summe of money saith Stow to the Cleargie of Meaux that therby the Churches which he had burned might be repayred 6. And the same might be shewed by a like passionate accicident that fell out on the 13. yeare of his raigne and of Christ 1079. when hauing vpon ielousie of his estate forbidden that anie of his Bishops should goe ouer the sea to Rome Pope Gregorie the 7. wrote a sharpe reprehension therof to be denounced vnto him by Hubert his legat then residing in England saying that it was Irreuerentis impudentis animi praesumptio c. the presumption of an irreuerent and immodest mind to prohibite his Bishops to make recourse to the Sea Apostolike Which reprehension made him so enter into himself as he sent two Embassadours to Rome in Company of the said Hubert when he returned to excuse the matter and shewed himself afterward a most obedient and faithfull child to the said Church euen in that troublesome and tempestious time when Henry the Emperour with all forces impugned the same as appeareth by the letters yet extant of the same Pope Gregorie vnto him 7. Wherfore hauing premissed this for K. VVilliam and all his Successours of the Norman French English race in number aboue twentie for the space well neere of 500. years vntil K. Henry the 8. that whatsoeuer some particular actions of theirs vpon interest anger feare preuention of imagined daungers coÌ„petency or some other such like motiue may seeme to make doubtfull sometimes and in some occasions their iudgment or affection to the supreame Ecclesiasticall power and iurisdiction of the Sea Apostolike of Rome yet were they indeed neuer of anie contrary opinion faith or iudgment but held the very same in this point which all their auncestors the English Kings before the Conquest did and all Christian Princes of the world besides in their dayes And for K. VVilliam Conqueror in particular the seueral reasons that doe ensue may easilie conuince the same Reasons that shew VVilliam Conquerour to haue acknowledged euer the Authoritie of the Sea Apostolicke §. I. 8. First that before he would take in hand or resolue anie thing vpon the enterprice of England as already we hane notedâ— he sent his whole cause to be considered of examined and iudged by Pope Alexander the second shewing him the pretence he had by his affinity to K. Edward the Confessor deceased as also the said Kings election and nomination of him by testament the vnworthines of Harold the inuader the occasion of iust warre which he had giuen him
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
monastery of Clare-vallis vnder the said S. Bernard was promoted vnto the dignity and proued a notable good Archbishop though at the beginning he being contradicted by the King had great difficulty to enter the people also being against him as well for feare of the said King as for fauour and loue of the other good man deposed and the Kings sonne Eustachius going to Yorke vpon that occasion vsed great violence and insolency and some not to be named against such as had opposed themselues against the election of the said deposed But finally the sentence and iudgement of Pope Eugenius tooke place and K. Stephen after a time permitted the other to liue quietly in his Bishopricke whereby we may see what power and iurisdiction the Pope had for such matters in England at that time And that neither K. Stephen nor his sonne Eustachius nor any of his Counsell went euer about to say for their pretence or excuse that these things belonged to the Kings authority-Royall not to the Popes tribunall 36. All which points being laid togeather and many other that for breuity I doe pretermit it commeth to be manifest that whatsoeuer actions this King in those infinite troubles fears and suspicious of his might sometymes vse for his gaine or interest or vpon persuasion of others against the Church or libertyes therof yet was his will and iudgement truly Catholike in this point nor was he euer noted for the contrary nor doth M. Attorney alleadge any one instance out of him or his tyme to that purpose And therfore shall we passe to other Kings after him OF THE RAIGNE OF KING HENRY THE SECOND Great Grand-child to the Conquerour And of his two sonnes K. Richard and K. Iohn and their conformityes in this controuersie CHAP. IX AS in the former Chapter for breuityes sake we ioyned three Kings togeather so shall we doe the like in this especially for so much as M. Attorney hath no one instance out of any of them whose raignes iudured for the space of aboue threescore years and thereby sufficiently testifieth that in this point of the Popes Ecclesiasticall authority their beleife iudgements and actions were correspondent and vniforme to those of their progenitors and predecessors as also were their lawes consequently which allwayes is to be borne in mind the common lawes of their dayes could not be contrary to that iurisdiction of the Bishop of Rome which they themselues euerywhere did acknowledge professe and practise For better declaration notwithstanding wherof we shall not omit to set downe some particular and seuerall notes as well of these Kings and their successors as we haue done of the former OF KING HENRY THE SECOND The fifth King after the Conquest §. I. 2. This King then was a French-man borne as well as K. Stephen of the English-bloud only by Maude the Empresse daughter to K. Henry the first neece to the Conquerour He was sonne and heire to Geffrey Duke of Anioy and Poytoù and a little before his inheritance of England he had the rare fortune as then it was thought to marry with the young Queene Eleanor lately diuorced from K. Lewes the seauenth of France vpon their falling out after their returne from Ierusalem which Queene was daughter and heire to the Duke of Aquitaine so as all those States of Gascoyne Gwyan Poytoù Anioy and Normandy were vnited togeather in this K. Henry and by him conioyned to England The Dukedome of Brittany also falling in his tyme to the inheritance of an only daughter of Duke Canon King Henry procured to marry the same to his third sonne Geffrey for he had foure by his said Queen that liued togeather besides a fifth that died young It was his chaunce also to haue an English Pope named Adryan in his daies by whose fauour and concession he got interest to Ireland so as if we respect the greatnes and multitude of his dominions he was the most puissant King of all that euer had dominion ouer our nation vntill that day 3. But if we respect his manners you may besides others writers read a whole Chapter in Nubergensis of the conflict combat betweene vices and vertues in him though he conclude that his vertues were the more and his vices were sore punished in him by almighty God in this life to the end that his soule might be saued in the next as the same Author writeth And to this effect was he punished and afflicted most in those things wherin he had taken most delight and for which he had most perhaps offended God as first in the alluring of the said Q. Eleanor to make the foresaid diuorce from the King of France to marry him who afterward was a great affliction vnto him for that haâ—â—â—â— borne him many faire children she set the same against him â—â— thervpon the former ardent loue waxing cold between them he was the more induced to liue lasciuiously with others and â—â— the end committed her to prison and held her so for neere a dozen years togeather before his death 4. His children also he couered exceedingly to aduauÌ„ce crowning the elder of them King in his owne daies by the name of K. Henry the third and giuing him in possession the States of Gascoyne and Gwyan the second being Richard he made Earle of Poitoù the third which was Geffrey he inuested as hath byn said in the Dukedome of Brittany and the fourth named Iohn for that he had no seuerall State as yet to giue him he called in iest sâ—â—â— terre or lack-land signifying therby the great desire he had to prouide some State for him And for effectuating this saith Nubergensiâ— which liued in that age that is to say for aduauncing his children he offered iniuries to many wherby it came to passe by Gods iust iudgement that they all at different times conspired against him For first about the middest of his raigne both the mother and the children banded themselues against him with Lewes the K. of France that had byn her former husband wherof Petrus Blesensis that was his latin Secretary maketh mention in diuers epistles that are extant as namely in one written by two Archbishops that had byn his Embassadours to the said K. Lewes to make peace but could not who discouered that both his Queene and children had all conspired against him Quid amabilius â—ilijs say they quid vxore familiarius recessit tamon vxor à latere vestro filij insurgunt in patrem What is more delectable them children what is more neere or familiar then the wife And yet is your wife departed from your side and your children are risen against their father c. And in the same epistle they counsaile him to looke well to his person for that they sought his destruction 5. And the same is testified in another epistle written by the Archbishop of Roane in Normandy vnto Q. Eleanor her self wherin he persuadeth her vehemently by manie reasons
heat and resolution to goe through therin by his power and authority with the Pope yet when he saw the said Pope to mislike his proceedings and to stand constant against him he amayned and and humbled himself presently and this in respect of his conscience and feare of God as himself caused to be written by his Bishops to the said Pope Alexander For there is extant in Houeden a large epistle of all the Bishops Suffragans of Canterbury that were subiects to Thomas the Archbishop written vnto Pope Alexander in the Kings name of his prompt obedience towards him and the Sea of Rome in all things saying Ad vestra quidem mandata non itatus intumuit non elatus obedire contempsit verum gratias agens paterna correctioni Ecclesia se statim submisit examini when the King receiued your commaundements he did not swell with anger nor proudly contemned to obey but giuing thankes for your Fatherly correction did presently submit himself to the examination of the Church And againe Ipse diuini reuerentia timoris 〈◊〉 Maiestatempreferens sed vt filius obediens se iudicio sistere legitimaeque parere sententiae seque legibus alligatum Prinscipem praesto est in omnibus exhibere He for reuerence and respect of the fear of God did not prefer the maiesty of his Kingly State but as an obedient sonne is ready in all things to stand to iudgement and to obey lawfull sentence acknowledging himself though he be a Prince to be bound to the lawes of the Church 11. This then was his disposition of mind in this behalfe which he presently shewed in fact by sending a most honorable Embassage to the Pope to wit the Archbishop of Yorke Bishops of VVinchester London Chichester and Excester with the Earles Arundell the Gundauell de Sancto Valerico and many others both gentlemen and Clarks And as Houeden affirmeth Appellauit pro se regno suo ad Praesentiam Summi Pontificis He appealed for himself and for his kingdome to the Preâ—ence of the Pope desiring that two Legats might be sent into England to iudge of the cause between him the Archbishop And soone after when the Archbishop vpon pacification made was returned and within a few moneths after wikedly slaine in his owne Church of Canterbury the same Pope Alexander taking vpon him as lawfull Iudge to examine punish the fact vpon the person of K. Henry himself sent two Cardinall-Legats for that purpose into Normandy named Graetianus Viuianus as Houeden at large setteth downe the history Wherof K. Henry being aduertised that was present then in those partes beyond the Seas and fearing the euent Ad Praesentiam Summi Pontifiâ—â— appellauit appealed againe as once he had done before to the presence of the Pope himself from his said Legats Wherby we see that he graunted acknowledged the Popes authority ouer him in that matter And the same writer addeth in the same place that the said King fearing also notwithstanding his appeale the seuerity of the Sea Apostolicke in this case passed ouer presently into England giuing straite order and commaundment that no man should be permitted to enter with any Bull or Breâ—â— of the Pope of what sorte soeuer except first he gaue caution security that he would thereby bring no hurte or greiuaunce to the King or Kingdome 12. But after this againe to omit many other things and iuâ—dâ—dicall Acts which passed in this affaire set downe by the said Houeden and other authors of that time two other Cardinall-â—â—gats Theodinus and Albertus were finally directed from the said Pope Alexander into Normandy to giue the last sentence vpon the matter Vnto whome K. Henry being then in Ireland and cited to appeere came purposely to present himself in person which notably signifieth his obedience And there by his oath he purged himself swearing first that his intention was neuer to procure the said Archbishops death and secondly promising diuers things by the same oath to be performed in satisfaction of his fault in hauing giuen some occasion therof by angry words against the same Archbishop Thomas All which is set downe in the said Author vnder this title recorded likewise by Peter Blesensis Purgatio Henrici Regis pro morte Beati Thomae The purgation or satisfaction of K. Henry for the death of S. Thomas therevpon ensueth Charta absolutionis Domini Regis The charter of absolution of our Lord the King by the said Legats in the Popes name 13. And amongst other six or seauen points whervnto the King sware at this time one is set downe in these words He sware also that he would neither let nor permit to be letted any Appellations to be made in his Kingdome to the Bishop of Rome in Ecclesiasticall causes with this condition that if any that doe appeale be suspected to the King they should giue security that they would not seeke or procure any hurte to him or his Kingdome And so was that controuersie ended and the lawes abolished which the King would haue established against the liberty of the Church Wherby we se cleerly what persuasion K. Henry had of the Popes supreame authority in Ecclesiasticall affaires and his loyall obedience thervnto which is so much the more to be esteemed if we consider the circumstances of the tyme wherin he exhibited the same which was such as he might easily haue declined himself if he would from the force of Pope Alexander his authority that pressed him so much by adhering to some one of his enemyes the Antipopes that by faction of a few were chosen set vp against him three or foure one after another naming themselues Victor the 4. Calixtus the 3. and Pascalis the 3. and held out against him for more then 17. years togeather by the power and peruersity of Fredericus Barba-rossa the first Emperour of that name who often also allured K. Henry to be partaker of his Schisme but he refused followinge heerin his Catholicke auncestors VVilliam the Conquerour that stood constantly with the true Popes of his tyme Alexander the 2. and Gregory the 7. against those that by sedition of Henry the 4. Emperour were set vp against them to wit Cadolus calling himself Honorius the 2. and Gilbertus that was named Clement the 2. K. Henry also the first obaied the true Popes of his tyme Paschalis the 2. Gâ—lasius the 2. Calixtus the 2. Honorius the 2. Innocentius the 2. against six schismaticall intruders calling themselues Clement the 3. Syluester the 3. Gregory the 8. Celestinus the 2. Anacletus the 2. Victor the 4. all set vp maintained by the German Emperours Henry the 4. and fifth and by Lotharius the 2. after them But our Kings of England obayed allwayes their true and lawfull Pastors of Gods Church and were highly commended for it And now K. Henry the 2. followed their vertues wisedome religion and magnanimity in that behalfe and found no doubt his
what agreements haue byn made these dayes publikely betweene the excellent Lord Tancred King of Sicilie and vs. And then after recitall of all particularityes he endeth thus testibus nobisipsis vndecimo die Nouembris apud Messanam We our selues being witnesse of this agreement the eleuenth day of Nouember at Messina 32. But when K. Richard soone after departing thence was arriued in Asia and had begun most prosperously his warrs against the Infidels the Deuill enuying his good successe stirred vp first seditioÌ„ in England by means of Iohn the Kings brother who perceiuing diuers to enuy the Greatnes of the Bishop of Ely left gouernour by the King and some Bishops also to be in faction against him began to make great stirs And on the otherside the same enemy of mankind castinge ielousies betweene K. Philip of France and the said King Richard did seperate them at last whervpon ensued the returne of the said King Philip with intention to inuade King Richards Dominions and to set vp his brother Iohn in his place as the sequele declareth 33. But Pope Celestinus the 3. that had succeeded in the place of Pope Clement lately deceased vnderstanding of the former conspiracie and faction against the Bishop of Ely in England wrote a vehement letter against the same to all the Archbishops Bishops and Clergie of England saying among the rest Cum dilectus in Christo filius noster Richardus c. wheras our deerly-beloued soÌ„ne in Christ Richard noble King of England when he resolued by taking vpon him the signe of the Holy crosse of Christ to reuenge the iniury of his redeemer in the Holie land left the tutele and care of his Kingdome vnder the protection of the Sea Apostolicke we that haue succeeded in that Sea haue so much the more obligation to coÌ„serue the State of the said Kingdome the rights and honours of the same by how much greater confidence he placed in our protection and thervpon hath exposed his person riches and people to greater perils for exaltation of holy Christian religion c. Wherfore vnderstanding of certaine troubles lately moued by Iohn Earle of Morton and certaine others combined with him against your honourable Father VVilliam Bishop of Ely Legat of the Sea Apostolicke and Gouernour of your Realme Vniuersitati vestrae per Apostolica scripta mandamus in virtute obedientiae praecipimus c. We doe by these Apostolicke writings giue commaundement to your whole community Realme and charge the same in the vertue of obedience that all men surcease from like practise of conspiration turmoyle or faction c. giuen at our pallace of Lateran the 4. day before the Nones of December in the first yeare of our Popedome And by this you may see what authority he tooke himself to haue ouer all England and Bishops and Princes therof at that day 34. The which is yet more declared by that which soone after ensued for that the foresaid Earle Iohn and other Lords and Bishops combininge themselues with him hauinge proceeded yet further in that quarrell by coÌ„mon consent of all the Realme as it seemed depriued the said Bishop of Ely of his office of Gouernour imprisoned him and driuen him out of England and elected in his roome VValter Archbishop of Roane for gouernour of the Realme they were no lesse carefull to send presently to excuse iustifie the matter vnto Pope Celestinus then they 〈◊〉 to the King himself for his satisfaction All which appeareth by a large letter written from Rome to the said Archbishop by his agents that were there who aduertized him how euill the matter was taken by the said Pope Celestinus Dominus Papa say they in restri depressione negotij plurima indignanter cum amaritudâ—ne proponebat c. The Pope did propose very many things with indignation and amaritude of mind to the depression of your affaire iterating many tymes that he knew the great affection confidence of the King of England towards his Chauncelour and Gouernour the Bishop of Ely and that he had seen many letters of the said King in his commendation but none against him that at his earnest instance the Sea Apostolike had made him also Legat à latere And that finally he absolued him from the sentence of excommunication which the said Archbishop of Roâ—â— had laid vpon him and for the rest he would expect the Kings inclination who being soone after taken prisoner in Germany sent presently for the said Chauncellour to come vnto him and made great vse of him for he was not only his interpreter betweene the Emperour and him and other Princes but he sent him also into England not as Chauncellour or Gouernour but as Bishop of Ely to lay the plot for his ransome 35. And I might recount many other examples of the same iurisdiction exercised in England by the same Pope without contradiction of any man in the absence of the said King though Earle Iohn the Kings brother was present and very potent amoÌ„g them and no great freind to the Pope as by the former letter may be imagined and who finally did driue out of England the said Bishop of Ely but yet neuer obiected or put doubt in the Popes authority about any Ecclesiasticall matter that there fell out As for example vpon the yeare 1191. which was the very next after the Kings departure Nubergensis liuinge at that time recounteth how Geffrey the Kings base brother hauing byn longe beyond the seas suing at Rome to be admitted to the Archbishopricke of Yorke and to haue his Pall which Pope Clemeâ—â— would not graunt for diuers obiections and appealles made against him as well by Baldwyn Archbishop of Canterbury as you haue heard as also by others and namely the Bishop of Ely that was Gouernour of the land being much against him yet now vpon King Richards commendation and his owne many 〈◊〉 promises Pope Celestinus so much fauoured him saith Nubergensis as he gaue him his pall before he was consecrated and sent him to be consecrated by the Archbishop of Towers in France commaunding him vt ei non obstante vel appellatione vel occasione qualibet manus imponeret that he should by imposition of hands coÌ„secrate him notwithstanding any appellation or other occasion whatsoeuer to the contrary And so he did and he came into England and tooke possession of the said Archbishopricke and enioyed the same by this authority of consecration and inuestiture from Pope Celestinus notwithstanding all the contradiction and opposition of his potent aduersaryes as in the same Author at large is set downe 36. And when not longe after this againe the said Archbishop Geffrey requiring Canonicall profession of obedience to be made to him and his Sea accordinge to custome at the hands of Hugh Bishop of Durham who had purchased before of King Richard an Earl-dome to be annexed to his said Bishopricke and that the said Hugh refusing to doe the same vpoÌ„
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
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
out of King Henry which shall goe in this owne words as before we haue accustomed The Attorney In all the time of K. Henry the third and his progenitours Kings of England and ouer sithence if any man doe sue afore any Iudge Ecclesiasticall within this Realme for any thing wherof that court by allowance and custome had not lawfull Conusaunce the King did euer by his writ vnder the great seale prohibite them to proceed And if the suggestion made to the King whervpon the prohibition was grounded were after found vntrue then the King by his writ of consultation vnder his great seale did allow and permit them to proceed Also in all the raigne of Henry the third and his progenitours Kings of England and euer sithence if any issue were ioyned vpon the loyalty of marriage generall bastardy or such like the King did euer write to the Bishop of that Diocesse as mediate officer minister to his courte to certifie the loyalty of marriage bastardy or such like all which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and commaundement and that one of the Courts were so necessarily incident to the other as the one without the other could not deliuer iustice to the parties as well in these particular cases as in a number of cases before specified wherof the Kings Ecclesiasticall Courte hath iurisdiction Now to commaund and to be obayed belonge to soueraigne and supreme gouernment c. The Catholike Deuine 28. The conclusion or inference vpon this narration must be noted by the Reader to be M. Attorneys owne and not to be taken out of any other lawyers booke as the former parte of the narratiō is that telleth vs how the King appointeth that ech Court both spirituall and temporall shall handle matters and causes proper and peculiar vnto them and the one not to intrude it self into the affaires of the other and to this effect are his vvrits appointed of prohibition where matters are assumed which ought not in that Courte to be treated and of consultation to will them to proceed when their right is knowne All which maketh for vs shewing that the King would haue the subordination between these two Courts to be obserued and the spirituall to direct the temporall where any one thing might belonge vnto them both As for example if any man were impeached of bastardy thervpon his inheritance were claimed by another the Ecclesiasticall Court was first to giue sentence of the marriage whether it were lawfull or no then according to that sentēce was the tēporal Court to giue possession or not of the inheritāce 29. And that this was the true sincere meaning of the law at that time intending therby to shew the excellency and prerogatiue of the Bishops spirituall Courts aboue the Kings temporall is plaine and euident by an other Statute of this maner which M. Attorney would not see made in the 9. yeare of King Henry the 6. where it is ordained in explication of the former that when any such Plea of bastardie is held in any Courte of the Kings the Iudges therof shall make proclamation once in their Courte the Chauncelour of England certified therof by them shall cause to be made 3. seuerall proclamatiōs in 3. seuerall moneths in the Chaūcery That al persons pretending any interest to obiect against the party shall sue to the Ordinary or Bishop to whom the writ of certificate from the said Iudge or Iudges is or shall be directed to make their allegations and obiections against the party as the law of Holy Church requireth And that without this forme obserued al other processe shal be voide c. 30. And by this we may see how carefull the auncient lawes were to haue the spirituall Courte as the superiour well informed according to the law of Holy Church and how not only ordinary Iudges but the Chauncellour of England himself his highest Court of Chauncery was appointed to serue vnto this for that of the spirituall Courts iudgement depended in all such causes the iudgement of the temporall Courts And by this you will se also the vaine sleight of M. Attorney in telling vs that the King did euer write vnto the Bishop of that Diocesse as mediate officer and minister to his Courte to certifie the loyaltie of marriage c. For where doth he find in any ancient law at all those words as mediate officer and minister to his Courte in the latine himself leaueth out the words to his Courte though in calling the Bishop mediate officer or minister which is as much to say as superior officer for that in mediation and subordination of officers and ministers that gouerne the mediate hath the higher roome in respect of the people and Court wherof he is officer he includeth a contradiction against himselfe for then is the said Bishop also aboue all immediate temporall Iudges that must giue him certificate wherof the Chauncellour we se is one euen in the Kings temporall Courts themselues 31. But the inference is much more subtile when M. Attorney saith All which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and cōmaundement But M. Attorney must not so huddle vp iurisdiction and commaundement for that no man will deny but that all sortes of persons as before hath byn said are vnder the cōmaundement gouernement of the temporall Prince whom he may commaund ech one to doe their office duty in the Cōmon-wealth And so may he appoint Ecclesiastical Courts to notifie their sentences iudgements proceedings to his Courts his Courts to informe the Ecclesiastical Courts for good mutuall correspondence between them both which we graunt also to be necessary in euery Common-wealth 32. But iurisdiction which M. Attorney craftely confoundeth heer and shuffleth vp with commaundement is a far different thing importing a higher authority in the same kinde as if the temporall Prince haue iurisdiction Ecclesiasticall vpon Bishops and their spirituall Courtes then doth it follow that all their power in spirituall matters is subordinate to him and deriued from him and so were there no necessity of this distinction and subordination of spirituall and temporall Courts For that the Prince hauing both powers in himself might giue the same vnto any temporal Iudge to decide Ecclesiastical matters also in his Court which yet M. Attorney doth often deny that the Common-lawes can take conusaunce of such affaires And surely it is worth no lesse then laughter to heare him repeat so often The Kings Ecclesiasticall Courte as though this were sufficient to proue the Kings Ecclesiasticall authority in those Courts for that all Courts are the Kings Courts in that they are vnder his protection gouernement and direction and to the vse and profit of his people And so were also the Ecclesiasticall Courts of King Henry the third in this sense who yet chalenged no spirituall authority therin as by
lost during his life which iudgement was before any Statute or Act of Parlament was made in that case And there it is said that for the like offence the Archbishop of Canterbury had byn in worse case by the iudgement of the Sages of the law then to be punished for a contempt if the King had not extended grace and fauour to him The Catholicke Deuine 26. Here againe is another case or two de facto wherof M. Attorney wil needs inferre de iure The Archbishop of Yorke his lands saith he were seased by the King and lost during his life for that he admitted not to a benefice within his Diocesse a Clerke presented by the King whereas the same benefice had an incumbent before put in by the Popes prouision according to the custome of those dayes which incumbent the said Archbishop pleaded that he could not put out and for this high contempt against the King his crowne and dignity in refusing to execute his soueraignes commaundement saith M. Attorney by iudgement of the Common-law he lost the landes of his whole Bishopricke But here I would aske M. Attorney what high contempt could this be against the King his crowne and dignity if the Archbishop pleaded that he could not doe it eyther in right or in power Not in right for that nothing was more receaued at that tyme in England then for the Bishop of Rome to prouide certayne benefices in England and not only benefices but also Bishopricks and Archbishopricks as before in the life of this King and his ancestours hath byn declared And as for power no maruaile if the Archbishop durst not vse violence in those dayes against the Popes prouisions wherby he might incurre excommunication for so much as the King himself so greatly respected the same and made such diligent premunition least my such excommunication should come against him as in the answere to the former instance hath byn declared 17. And besides this if the Archbishop did put the matter in plea to be trayed and to the Kings writt of Quare non admisit did yeelde so reasonable a cause as is here touched that the King himself had admitted diuers Bishops and Archbishops by like prouision of Popes how and with what reason can M. Attorney call this answere of the Archbishop so high a contempt against the King his crowne and dignitie Or how could the Common-law condemne the same with so great a punishment And still I must demaund what is this Common-law by whome was it made how came it in where is it founded either in reason vse consent of the people or authority of law-giuers For if it consist in none of these but only in the particular will and iudgement of the Prince himself neuer so passionate and in the approbation execution of these Sages which here M. Attorney mentioneth then any thing that displeased the said Prince may be called high contempt against his person crowne and dignity And so may be iustified all the most passionate actions not only of this King Edward before recited but of all other Kings whosoeuer And by the same meanes M. Attorney maketh his auncient Cōmon-law which often he calleth our birth-right and best birth-right to be nothing else in effect but the Princes pleasure frō time to time and the execution of his Sages which commonly in those auncient times for I will speake nothing of our dayes were to wise and Sage to withstand the Princes will in any thing 28. Sure I am that in this particular fact of seasing Bishops lands and temporalityes vpon any offence or displeasure taken by the King as it hath byn vsed by some English Princes in their anger so hath it bin condemned also in diuers Parlaments lawes and Statutes as in the first yeare of King Edward the third where it is thus expressed Because before this time in the time of King Edward Father to the King that now is he by euill Counsellours caused to be seased into his handes the temporalty of diuers Bishoppes with their goods and cattell c. The King willeth and graunteth that from hence forth it be not done c. And againe in the 14. yeare of the same raigne VVe will and graunt for vs and for our heires that from henceforth we shall not take nor doe to be taken into our handes the temporalities of Archbishops Bishops Abbot c. without a true and iust cause according to the law of the land c. 29. And to the end that M. Attorney may not say that this case of his is excepted it followeth in an other Statute in the 25. yeare of the same King saying VVhereas the temporalities of Archbishops and Bishops haue beene oftentimes taken into the Kings hand for contempt done to him vpon writts of Quare non admisit and for diuers other causes c. The King willeth and graunteth in the said Parlament that all Iustices shall from henceforth receaue for the contempt so iudged reasonable fyne of the party so condemned according to the quantity of the trespasse and after the quality of the contempt c. Which last words may be thought to be added for that the King had right to present to diuers benefices at that tyme as particular patrone therof ex iure patronatus for that the said benefices were fouuded or erected by himself or his auncestors and in those cases the Bishops not admitting such Clerkes as he presented might doe some iniury or trespasse against him and therin shew contempt worthy some fyne or for-faite which the law doth here appoint especially for so much as it is be ore recorded that Pope Innocentius the 4. presently vpon the first Councell of Lyons wrote as you haue heard in the life of K. Henry the third that he would not let by his prouision the right of any patrone in presenting to any benefice wherof he had the aduowson or Ius patronatus 30. And as for the other example alleadged heere by M. Attorney for strengthning his instance of the Archbishop of Canterbury saying that for the like offence the Archbishop of Canterbury had byn in worse case by the iudgement of the Sages of the law then to be punished for a contempte if the King had not extended grace and fauour to him If he vnderstand the displeasure taken against Archbishop VVinchelsey before mentioned by K. Edward for resisting his demaund of the one halfe of all Ecclesiasticall rents for which before we haue heard out of Mathew of VVestminster that all his lands and goods were seased into the Kings hands you haue heard also how the same King afterward repented both that and other like facts of his and asked pardon publikly with teares But if he meane the other offence againe after this when he accused the said Archbishop VVinchelsey to the Pope and caused him to be called to Rome and to be suspended from his office as before we haue declared then doth this
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
made vnder all three Edwards for remedying of this abuse as for example vnder Edward the first the foresaid Statute hath this determination That the 〈◊〉 or chief Iustice of the King for the tyme being if they see that the case 〈◊〉 be redressed by any writ out of the Chauncery but that the spirituall 〈◊〉 ought to determine the matters that then they shall write to the Ecclesiasticall Iudges before whome the case was first moued to proceed therin notwithstanding the Kings prohibition vnto them before 49. And to like effect is this other ordination here mentioned by M. Attorney of Circumspectè agatis wherby is ordeyned that temporall Iudges shall vse themselues circumspectly in medling with causes that belong to spirituall courtes And to the same effect is this Statute here alleadged vnder King Edward the second as also this other set downe in these words They that purchase prohibition and attachement against the Ordinaryes of a thing that belongeth not to the lay Court shall yeeld damages to the Ordinaryes by the award of the Iustices And yet further to the same effect it was decreed by King Edward the third after this manner That no prohibition goe out of the Chauncery but in case where we haue the conusaunce and of right ought to haue 50. And finally to passe no further in this the Statute made in the 9. yeare of this King intituled Articuli Cleri Articles of the Clergy conteyning sixteene braunches doe apperteyne to this affaire to shew and declare what causes doe belong to the spirituall courte and what to the temporall and wherof both the one and the other may take conusaunce and consequently in what matters the Kings prohibition may goe forth or not all which is cleerly against M. Attorney his purpose For if the temporall Prince were properly head of the one and the other courte and fountaine both of the one and other lawe and iurisdiction this adoe needed not but that the King might indifferently dispose of all 51. But consider I pray you M. Attorneys note or commentary in the margent wherby he would seeme to answere our former demaund why he bringeth in this instance By these statutes saith he the iurisdiction of the Ecclesiasticall Courtes is allowed and warranted by consent of Parlament in all cases wherein they haue iurisdiction so as these lawes may be iustly called the Kings Ecclesiasticall lawes or the Ecclesiastical lawes of England So he And you will easily see herby how much he delighteth himself in this new witty inuention of his owne so often repeated by him wherby he would make the Popes Canon-lawes to be the King of Englands lawes for that they are admitted and obeyed in England â— of which sylly consequence I haue oftentymes made mention before shewing the weakenes and incongruity therof For that by this reason the self same Canon-lawes receaued admitted by all particular states of Christendome may be said to be the peculiar lawes of euery particular state And if this be a superiority as M. Attorney would inferre to admit and allow another Princes lawes then is euery particular state of Christendome aboue the Pope Generall Councells which made these lawes Wherfore as well in this as in all the rest we see the weakenes of M. Attorneys cause and so we shall passe to other Princes that doe follow leauing this disasterous K. Edward the second who soone after fell into a pitifull plight of calamity being depriued both of his Crowne and life for his ill gouernment and his young sonne placed in his roome as our historyes at large doe declare OF K. EDWARD THE THIRD And K. Richard the second his Nephevv and Successour And vvhat instances or arguments M. Attorney draweth from their two raignes which continued betweene them for seauenty yeares CHAP. XII THESE two are the Kings aboue all the rest from the beginning vnto K. Henry the 8. vnder whose gouernment M. Attorney gathereth and layeth togeather most obiections to proue the small respect they had or vsed in certaine cases and occasions and at some times towards the Sea Apostolicke and Ecclesiasticall power therof for that they made most restrictions by penall lawes and punishments against the practice and vse therof in certaine cases mixt as they presumed and conioyned with temporalityes or affaires of the State and so not meerly Ecclesiasticall 2. For albeit before this there had byn great murmurings and complaints as you haue seen from the tyme of K. Henry the 3. and his father King Iohn against some parte of the exercise of the Popes authority in bestowing benefices and Bishopricks vpon straÌ„gers as also of the often reseruing the collations of the cheife to himself and his Court of demaunding and graunting tithes contributions vpon the English Clergy as well for his owne as other publike necessityes yet find we not hitherto any expresse penall law put in vre and practice though mention be found of one made at Carleile vnder K. Edward the first the 2. yeare of his raigne to this effect for restrayning prouisions and other ordinances from the Court of Rome and the execution thereof by English subiects vntill vnder these two Kings Edward the 3. and Richard the 2. and not by the former vntill after many yeares of his raigne when by his continuall warrs with France and Scotland his temporall necessityes and other respects drew him therevnto And some men doe note that the lamentable ends of both these Kings wherof the worst seemed to some to be that of King Edward though he died in his bed togeather with infinite bloudshed afterward by their successours deuided in their owne bowells vpon the controuersie of Lancaster and Yorke did easily shew how vngratefull to all mighty God this breach of theirs and violence vsed with their Mother the holy Church was though it might seeme to them and some others also that it was either in temporall matters or in Ecclesiasticall conioyned as hath byn said with temporalities and that besides they were vrged therevnto by important clamours of their people partly vpon emulation against the Clergy and partly vpon some abuses and aggreiuances as they pretended in their supplications and declarations to the Popes themselues about these affaires pretending to hold still as no doubt they did their inward faith beliefe deuotion and obedience to the Sea Apostolicke though outwardly they were forced to take the way of redresse against some excesses which they did 3. And now wee haue already heard the foresaid complaints oftentymes iterated in the liues of the former Kings but especially vnder Henry the third and the two precedent Edwards that â—â—sued him which being continued vnder this third of the same name he being a warriour hauing therby all wayes commonly great need of money was induced at length for increasing his owne temporall wealth to lay hands vpon the spiritual especially such as was wont to goe out of the Realme to the Court of Rome or accrew to
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
as you haue heard And some cause might be also of this speciall commission for Iudges and Iustices to assist Bishops and so no doubt it was for that the said Lollards and VVickcliffians had not onlie been troublesome and daungerous to the State vnder the raignes of King Richard the secoÌ„d and Henry the 4. but vnto the person and life of this man also some moneths before this Statute by conspiring his death and raising a daungerous rebellion in S. Giles field by London as both VValsingham and other authoâ—s doe reporte and therefore no maruaile though authoritie be giuen as heer is said that the Sheriffes and other Officers maie aâ—â—est apprehend them and what maketh this for M. Attorneys purpose 25. But further I cannot but maruaile at his note in the margent Lollardy saith he is of lolio which signifieth Cockle for as Clockle is the destruction of the corne so is heresie of true religion and then doth he bring in two seuerall verses the one of Virgil and the other of Ouid about lolium shewing himself thereby a good grammarian though yet in the thing it self he was much deceiued For that Lollards and Lollardy being a particular sect of hereticks are not deriued from the latin word Lolium signifying cockle or darnel as the verie deriuation it self might easily shew but of the first author therof named Gualter Lolhard a German about the yeare of Christ 1315. as Tritemius in his Cronicle declareth and is larglie shewed in a booke some yeares past set forth in our English tongue by a Catholike writer which if M. Attorney had read he might easilie haue auoided this grosse mistaking From which also I maruaile that his affectioÌ„ to the men had not somewhat with-held him for that they were of his religion not cockle but good corne if wee beleiue his great historiographer and deuine Iohn Fox who setteth them out not onlie for good Christians but for Saints and martyrs in his bookes of Martyrologe Acts and Monuments But thus these men agree togeather Out of the raigne of King Henry the sixt the fiftenth King after the Conquest §. III. 26. Out of this Kings raigne which endured most Catholiklie for neere 40. yeares though vnfortunately through wars sedition and broiles of the Realme M. Attorney findeth onlie these three poore instances ensuing The Attorney Excommunication made and certified by the Pope is of no force to disable any man within England and this is by the auncient Common laws before anie Statute was made concerning forraine iurisdiction The King only may graunt or licence to found a spiritual incorporation In the raigne of K. Henry the 6. the Pope wrote letters in derogation of the King and his regalty and the Church-men durst not speake against them but Humfrey Duke of Glocester for their safe-keeping put them into the sier The Catholicke Deuyne 27. To the first hath been answered diuers times before that it appeareth to haue been an agreement at that tyme in England that the Popes Bulls of excommunication should not bee published by particular men but with the certificate of some Bishop for more authoritie c. as it is now also vsed in diuers Catholicke CouÌ„tries for auoiding the fraudes and practice of particular inquiet people that by false suggestions get Buls c. But that this was by the auncient CommoÌ„ laws before anie Statute made hath no probabilitie at all as by the whole Course of our auncient Catholicke Kings hath been declared And it groweth now somewhat loathsome and ridiculous to see M. Attorney runne so often to this common Chymera of auncient Common-lawes without shewing any or any likeli-hood that any such were or could bee in auncient tymes amongst our auncestors for that their religion deuotion sense and iudgement ran wholy to the contrary in those dayes Whervpon it followeth as often we haue said that if a Common-law could not be made admitted or authorized without some common consent of Prince and people it is vnpossible that such common laws should then bee as M. Attorney doth frame heer to his fansie vpon euery occasion that pleaseth him 28. That the King onlie maie graunt licence to found a spirituall incorporatioÌ„ maie bee vnderstood in two sortes First that the said incorporation cannot bee made or erected within his dominions or founded with lands goods or rents without his leaue and licence and this wee denie not Secondlie that the said spiritual incorporation should haue her spiritualtie from the King that is to saie her spirituall and ecclesiasticall priuiledges of being such an incorporation belonging to the Church And this wee haue seen by the practice of all times in England both before and after the Conquest to haue been euer sought and receiued from the Sea Apostolicke wherof wee haue a particuler demonstration set downe before in the 6. Chapter of this our Answere 29. The last which he obiecteth of the fact of Humfrey Duke of Glocester that cast as he saith the Popes letters into the fire for their safe-Keeping is rather a iest than an argument And I maruaile M. Attorney a man of his degree would bring it forth and print it also for an argument whether the thing be true or false For if it fell out as heer is noted in the margent vpon the first yeare of King Henry the 6. his raigne when the King was but eight moneths old and the said Duke his vncle Gouernour of the Land and in his cheifest ruffe who afterward came thereby to soe pittifull a ruine both of himself his freinds and the Realme euerie man maie see what force this iest maie haue which yet I haue not read in anie other author besydes M. Attorney and so to him I leaue it OF THE RAIGNE OF FOVRE ENSVING KINGS TO VVIT Edward the fourth Edward the fifth Richard the third and Henry the seauenth And how conforme they were vnto their auncestours in this point of controuersie which we haue in hand CHAP. XIIII THe line of Lancaster being put downe and remoued from the Crowne by the depriuation and death of K. Henry the 6. and his sonne as before you haue heard there entred the howse of Yorke with no lesse violeÌ„ce of armes and effusion of bloud but rather more then the other familie had done before by taking to it self the Crowne from the head of K. Richard the 2. For that Edward Duke of Yorke by dint of sword inuesting himself of the scepter by the same maintained it though with much trouble feares iealousies for the space of 22. yeares and then thinking to leaue it quietlie to his sonne Edward the 5. though with protestation and oath at his death as Syr Thomas More recordeth that if he could as well haue forseene the vanitie of that ambition as now with his more paine then pleasure he had proued he would neuer haue wonne the curtesie of mens knees with the losse of so manie heads
is a lawyer and delighteth in the word that hath byn so beneficiall vnto him but yet alleadgeth here no law at all nor can he doe For what law is that by iugment wherof the Sanctuarie of S. Iohns Church in London grauÌ„ted by the Pope was disalowed for so much as all other Sanctuaries had and haue from that Sea their franquises and liberties Was it Common-law or Canon and Ecclesiasticall Not Ecclesiasticall For that all such law dependeth from thence and consequently cannot be supposed to haue disanulled the Popes authority in graunting Sanctuary Common law if it were it must appeare how it came in by whom it was admitted by what right it came to haue conusauÌ„ce of this Ecclesiasticall cause which M. Attorney so often hath denyed before to apperteyne to his Common-law wherof ensueth that eyther those temporall Iudges exceeded their limites in handling this cause or that there was some temporall circumstance therein that brought it into that Courte 10. And surely it may bee that this Sanctuarie pretended by the Prior of the Knights of S. Iohns in London might not onlie bee the ordinary Sanctuarie of their Church and appurtenances thereunto which all Churches haue by Canon law more or lesse but also of some greater circuite round about their said Church and habitatioÌ„ which they being Knights and souldiars might importe some inconueniences to the common wealth by occasion of contentions fights brawles that might there fall out the temporall officers hauing no accesse by reason of the said pretended Sanctuary And so this case not being meere spirituall but mixt also with temporall interest of the Common-wealth the common Iudges vntill the matter were better discussed and resolued in ecclesiasticall right might put difficultie about the admission or execution of the said priuiledges without the Kings expresse consent And this is answered according to M. Attorneys allegation supposing it to bee sincere not hauing by me the bookes as before I haue said out of which he hath taken the same the view whereof no doubt would discouer more therfore I recommend the examination to the Reader that may haue commoditie to see and read the places But let vs see another Instance of two more of his out of this Kinges raigne The Attorney There it appeareth that the opinion of the Kings-bench had been oftentimes that if one spirituall person sue another spirituall man in the Courte of Rome for a matter spirituall where he might haue remedy before his Ordinary that is the Bishop of that Diocesse within the Realme Quia trabit ipsum in placitum extraregnum incurreth the dauÌ„ger of a Premunire a hainons offence being contra legiantiae suae debitum in contemptum Domini Regis contra â—oronam dignitatem suas By which it appeareth how greiuous an offence it was against the King his Crowne and dignity if any subiect although both the persons cause were spirituall did seeke for iustice out of the Realme as though either there wanted iurisdiction or iustice was not executed in the Ecclesiastical Courts within the same which as it hath byn said was an high offence contra Regem Coronam dignitatem suas The Catholicke Deuine By this instance a man may greatly suspect that M. Attorney dealeth not sincerely but amplifieth and exaggerateth matters to his purpose But howsoeuer this bee cleere it is that he dealeth not substantially For heere only the note alleadged saith that the opinion of the Kings-bench had byn oftentymes that if one spirituall or Ecclesiasticall person should sue another in the Courte of Rome when he might haue remedy before his Ordinary at home he incurreth the daunger of a Premunire for that he draweth a Plea out of the Kingdome without necessity Well then this is but the opinion of some temporall lawyers of the Kings-bench that a man that should doe this should be in daunger of a Premunire for that he draweth a Plea out of the Kingdome when he might haue sufficient remedy by his spirituall Iudge at home And this is according to the Statutes before made vnder King Edward the third and Richard the second as you haue heard that matters may not be carryed to Rome at the first instance but by way of appellation when they cannot haue iustice at home And this taketh not away the Popes authority as you see but rather confirmeth the same and punisheth only disorderly people that will vex and trouble men with citing them to Rome without necessitie 12. Which being so you will see how friuolous M Attorneys exaggeration is heer in painting out vnto vs with so great an hyperbole of words this haynons offence against the duty of loyalty in contempt of the King our Lord and contrary to his crowne and dignity c. And why is all this adoe For that saith he a subiect of the realme doth seeke for iustice out of the Realme in spirituall causes as though there wanted iurisdiction or iustice within the Realme which is an high offence contra Regem coronam dignitatem suas Whereto I aunswere that what high offence it may be against suas here twise repeated in the English but corrected by the Latyn Interpreter I know not but sure I am that against King Crowne or Royall dignity it can be none no more in England then in other Catholicke Kingdomes round about vs. And the reason here alleadged by M. Attorney excludeth all appellations betwene subordinate Courts as wel within the Realme as without if it should be admitted and taken for good Wherefore when he writeth in the margent Note as though some great argument were alleadged for his purpose It is a note that he hath small store of substance to note when he standeth so much vpon such a toy The Attorney In the Kings Courts of Record where felonies are determined the Bishop or his deputy ought to giue his attendance to the end that yf any that is indicted and arraigned for felony doe demaund the benefit of his Clergy that the Ordinary may informe the Court of his sufficiency or insufficiency that is whether he can read as a Clarke or not wherof notwithstanding the Ordinary is not to Iudge but is a minister to the Kings Court the Iudges of that Court are to Iudge of the sufficiency or insufficiency of the party whatsoeuer the Ordinary doe informe them and vpon due examination of the party may giue iudgement against the Ordinaryes information For the Kings Iudges are Iudges of the cause The Catholicke Deuine 13. I am content to admitt anie iudges in this cause whether it be not impertinent to M. Attorneys purpose to bring in this instance For howsoeuer he goeth about in words to dazel this case yet is it euident that for so much as the Church by her priuiledge of Superioritie taketh out of the hands of temporall iustice men condemned to dy for felony onlie for that they can read like Clerkes though they bee no Clarkes
the eight after two partes of three of his raigne wherin he had not only acknowledged and practised according to the vse of all his predecessours but singularly also defended and propugned by publicke writing the Catholicke consent of all Christendome concerning the Soueraignty of the Sea of Rome therin did at length vpon certaine occasions of particular distast anger and exasperation falling out betweene Pope Clement the 7. and him about the diuorce of his wife Queen Catherine daughter of Spaine and the marriage of Lady Anne Bullen in in her place to neither of which the said Pope would consent make strange innouations by little little as first threatning and the said Pope then substracting some of his authority and giuing it to others and finally taking all vnto himself Which deuise being once begun was continued after his death by the gouernours of his young sonne King Edward though with lesse probability and apparance of truth as before hath byn noted then reiected againe by his daughter Queene Mary who restored the same whence it was taken but reassumed though in a different deuise of words by his second daughter Q. Elizabeth that least of all was capable of it as in precedent chapters hath byn declared So as heere though M. Attorney doth euery where talke of auncient laws and common consent there is neither anquity vnity conformity consent or continuance of anie moment to bee found which will better appeare by that wee haue briefly to touch of ech one of these Princes raignes in particular Of King Henry the eyght who was the twentith King after the Conquest §. I. 2. This Prince succeeding his father King Henry the 7. in the flower of his youth when he was but 18. yeares of age but adorned with many rare graces both of mind and body tooke the scepter in hand with as great expectation of his people neighbours round about him as euer did Prince of our land before or after him and for the space of more then 20. yeares performed the same in all points of an excellent Prince both in peace and warre vntill he fell into that vnfortunate fatall breach with his wife and Queene and disordinate appetite of the other that succeeded her whervpon ensued all those strange and vnexpected mutations which afterward were seene one thing giuing occasion and making way to the other as the euents declared 3. But among all other points of Catholicke doctrine no one was more obserued by this King while he remained in his auncient peace of mind then that of his due acknowledgment subordination and respectiue correspondence with the Sea Apostolicke which being in his dayes begun to be impugned togeather with many other points of Christian religion by Martyn Luther an Apostata Friar of Germany and his followers King Henry out of his great zeale and feruour towards the said religion and Sea Apostolicke tooke vpoÌ„ him to write a special learned booke in defence therof against the said Luther which booke he sent to Rome presenting it to Pope Leo the tenth subscribed by his owne â—and which I haue seen by a speciall Embassadour for that purpose Doctor Clerke Bishop of Bath and VVells that made an earnest speach and eloquent oration at the deliuery therof in protestation and commendation of his Kings high and resolute zeale in this behalfe all which being extant in print I remit the Reader thervnto for his better satisfaction 4. Only I cannot pretermit to recite in this place some of his words which he vseth in that booke in defence of the Popes Ecclesiasticall Supremacy which himself afterward vpon new passions rising so greatly impugned Thus then he wrote against Luther in those dayes Non tam iniurius ero Pontifici vt anxiè sollicitè de eius Iure disceptem tanquam res haberetur pro dubia c. I will not offer so much iniury vnto the Pope as earnestly and carefully to dispute heere of his right as though the matter might be held in doubt it is sufficient for that which now we haue in hand that his enemy Luther sheweth himself so much to be carried away with passion and fury as he taketh all faith and credit from his owne sayings cleerly declaring his malice to be such as it suffereth him neither to agree with himself nor to consider what he saith So be 5. And then after a large confutation of Luthers fond opinion and furious assertion that the pope neither by diuine or humane law but onlie by vsurpation and Tyrannie had gotten the headshipp of the Church K. Henry vseth two stong reasons and arguments against him among other to represse his maddnes therein The first of generall consent from antiquitie saying Negare non potest c. Luther cannot deny but that all the faithfull Christian Churches at this daie doe acknowledge and reuerence the holie Sea of Rome as their mother and Primate c. And if this acknowledgment is grounded neither in diuine nor humane right how hath it taken so great and generall roote How was it admitted so vniuersally by all Christendome When began it how grew it to bee so great And wheras humane consent is sufficient to giue humane right at least how can Luther saie that heer is neither diuine nor humane right where there is and hath been for time out of minde so vniuersall humane consent c. Certe si quis rerum gestarum monumenta reuoluat inueniet iam olim protinùs post pacatum orbâ—m plerasque omnes Christiani Orbis Ecclesias obtemperasse Romana c. Truly if a man will looke ouer the monuments of things and times past he shall find that prefently after the world was pacified from persecution the most parte of Christian Churches did obay the Roman yea and the Greeke Church also though the Empire were passed to that parte wee shall find that shee acknowledged the Primacy of the same Romane Church but only wheÌ„ shee was in Schisme And as for S. Hierome though he were no Roman yet did hee in his daies ascribe so much authoritie and preheminence to the Roman Church as he affirmed that in matters of great doubt it was sufficient for his faith to bee allowed and approued by the Pope of Rome c. This is the first argument vrged by King Henry of antiquitie and consent 6. Another hee alleadgeth of impossibilitie for the Pope to haue attained by force and Tyrannie to so great authoritie as he had according to Luthers calumniation the effect is this Cum Lutherus tam impudenter pronunciet c. Whereas Luther so impudeÌ„tly doth affirme that the Pope hath his Primacie by no right neither diuine nor humane but onlie by force and Tyrannie I doe wonder how the mad fellow could hope to find his Readers so simple or blockish as to beleiue that the Bishop of Rome being a Priest vnarmed alone without temporall force or right either diuine or humane as he supposed
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
Hen. 1. Florent 〈…〉 an 1106. S. Anselm and the King reconciled Prosperous successe of K. Henry vpon his amendement Floâ—ent VVâ—â—â— in Chron. an 1107. Malmeâ—b in â—it Hen. 1. l. 3. Hovv K. Henry of coÌ„science resigned inuestitures Houeden part 1. aâ—nal fol. 272. The meeting of K. Henry and Pope Castus at Gesòrse in NormaÌ„dy Mal. lib. 5. annal in vita Henr. 1. Polid. virgil l. de inuentoâ—ib RetuÌ„ Gratian distiâ—â— 65. cap. 22. Adrian Sigebert in Cron anno 1111. Baron in annal an 774. The beginning of inuestitures by secular Princes The vse of Inuestitures graunted only by the Seâ— Apostolicke Malmesb. l. 5. hist. in vit â—en â— fol. 94. A consideration of much moment Florent in â—â—on 〈◊〉 â—11 1213. Diuers proofes of K Henry acknovvledging the Popes Supremacy The Charter of Hen. I founder of the Abbey of Reading in the 26. yeare of his raigne and an Dom. 1125. VVeake and impertinent proofe Founders had authority to giue Charters Supra cap. â— This inâ—â—â—nce of â—o valevv Supra Ibid. K. Stephen began his raigne an â—â—35 and held it 1â— yeres and more vntill â—â—54 Vncertainty of humane designementâ— Malmesb. in Stephene Malmesb. l. 1. Hist. Nouell Malmesb. Ibid. The oath of K. Stephen for the libertyes of the Church Malmesb. Ibid lib. 1. Nouell Inconstancy of King Stephen by euill couÌ„sailors A violent act of K. Stephen Malmesb. Ibidem The K. cited to appeare before the Bishopps The kings plea by his Attourney before the Bishops K. Stephen graÌ„ted an appeale to Rome but doubteth the same DiffereÌ„ce betvvixt K. Stephens Attourney and ours Ibidem Florent an 11â—9 VValsingh in â—podâ—g Neustriae an 1142. VVilliam Archb. of York the Kings nephevv depriued by the Sea Apostolick Nuberg l. 1. hist. caep 1â— 26. Polâ—d l. 12. hist. versus finenâ— Beâ—â—ard epist â—â—4 235 237 238. 139. 251. This King raigned from the yeare 1154. vnto 1189. vvhich vvas 35. years K. Henry his temporall greatnes Nubergens l. 3. c. 25. The same handleth much more largely Petrus Blesâ—â—sis ArchdeacoÌ„ of Bath that vvas his latin Secretary many years epist. 47. K Henry punished in that vvherin he tooke most delight Rhetemag Lexomen epist and Henr. 2 epâ—â—t 253. apud Bleâ—â—â—s â—ct Bleseâ— episâ—â—la 164. ExcoÌ„munication threatned to the Queene Stovv in vâ—â— Henr. 2. Nuberg l. 3. 6. 25. K. Henry his lameÌ„table end His vertues Lavves attempted by King Henry against the Church K. Henry vehement contentioÌ„ to haue these lavves take place 〈◊〉 port 2. Aâ—nal in â—â— 1164. K. Henry the secoÌ„d made Legate of the Pope K. Henry his humility to the 〈◊〉 Apostolick K. Henry himselfe appealeth to the Pope Houed part 2. annal in vâ—â— H. 2. K. Henry appealeth the secoÌ„d time K Henry commeth from Ireland to appeare before the Popes Legates Pet. Bloson Epist. 136. The purgation absolutioÌ„ of King Henry A circumstance notably coÌ„mending the true obedience of K. Henry to the Church of Rome Pet. â—â—esen â—pistola 136. A letter of K Henry the secoÌ„d to the Pope vvritten in great affliction Stovv aâ— 1160. K. Henry founded al his state vpon the Popes authority Houed in viâ— Hon. 2. VValsing in Ypodâ—gâ—â— noustr an 1177. Diâ—erse things done by authoritye of the Pope in England The straites vvhervnto King Henry vvas driuen VVasing in Ypodig 〈◊〉 an 11â—4 K. Henry strangely deliuered The earnest and â— syncere penaunceâ— of King Henry The vvonderfull successes of K. Hen. vpon his penance See Nuberg l. 2. hist. â— 25. 33. â— Blesensiâ— epist. 153. This King raigned from the yere 11â—9 vntil 1199. that is 10. yeres Misfortunes of K. Richard King Richard deuout and obedient to the Church of Rome See Blesen epist. 64. ad Celest. PP Reg. Hoâ—ed part 2. Annal. in vit Rich. 2. King Richards behauiour oath at his coronation King Richard goeth to Ierusalem by the Popes procurement The Kingdom commended to the Popes protectioÌ„ See Houed and math Paris anno 1190. Houed iâ— vit Rich. 1. fol. 375. Diuers Appellations from the King to the Pope Houed Ibid. fol. 376. King Richard sent his mother to Rome to entreate the Pope Houed part 2. An. pag. 392. Houeden Ibid. fol. 326. King Richardes letter to P. Clement the 3. Pope Celestines letter to the Realme of England The Bishop of Ely fauored defended by the Pope and the King Nubergens reiuÌ„ Angl. l. 4. cap. 17. Geffrey the kinges brother by authority of the P. made Archbishop of Yorke Nubergens Ibidem cap. 25. King Richards fortunes letted by his brothers ambition enuy of the K of France King Richards captiuity in Austria See Pet. Blesen epest 144. ad Celest. PP Q Eleanores coÌ„plaints vnto Pope Celestinus â—les epist. 145. Q. Eleanora her petition to Pope Celestinus Ibid. epist. 146. Matt. 16. Epist. 6â— ad Celest. â—P The speach of the Archbishop of Reane in K. Richards behalfe coÌ„cerning S. Peters povver Sap. â—â—p 6. 〈◊〉 10. A manifest inference vpoÌ„ the premises against M Attorney Houâ—d in vt Râ—â—â— 1. fol. 445. Hovv small and little spirituall iurisdiction King Richard pretended Paris iâ— vit Rich. 8. Hunting and hauking reproued by the Pope in our English Bishops â—â—uâ—d in vita Ruâ—ar 1. fol. 428. Ibid. fol. 176. Geffrey restored to his Bishopricke by Pope Innocentius Disgust appeale of the Archb. of Roane against K. Richard This King began his raigne an 1199. and raigned 18. yeres vnto an 1216. Variablenes of K. Iohn The pretences of the Dolphin of France to England K. Iohns obeyng the Sea Apostolick Houed 2. part Annal. fol. 458. K. Iohn pretended no supremacy Ecclesiasticall A councel hâ—ld against the kings prohibition Houed in viâ— Ioan. fol. 461. The piety of K. Iohn in the beginning of his raigne K. Iohne humility and liberalitye K. Ioâ—ns mutation to the vvorse See vvalsing in â—pedig anno 1204. and Math. Paris anno 2215. The first occasioÌ„ of K. Iohns breach vvith the Church churchmen Great offence and indignation of K. Iohn against Clergie men Houed Ibid. Many vvish that Pope Innocentius had dealt more myldly vvith K. Iohn Extreme acts of K. Iohn in his indignation Paris in vit Ioan. an 1210. Paris Ibid. an 1212. Math Paris Ibid Paris anno 1213. in vit Ioan. King Iohn offered subiection to the K. of the Moores The straÌ„ge coÌ„trariety of King Iohn The aydea that King Iohn receaued from P. Innocentius The church-liberties confirmed by K. Iohn and the Pope Paris an aâ— 15. See Fox his pageants of the toade skinned to prepare the poisoÌ„ vvith other circuÌ„stances pag. 133. of his Acts and monuments All ancieÌ„t English lavves against M. Attorney K. Henry the third began his raigne 1216 and dyed anno 1â—7â— hauing 56. yeres The coronation beginning of King Henry the third Math. Paris in vit Hen. 3. an 1216. Temporal homage done to the Sea Apostolick by King Henry the third Bles epist. 136. ad Alex. PP Vvalsingâ—m in 〈◊〉 Nousâ—ria
to returne to the obedience and freindship of her King and husband and in the end threatneth to vse the Censures of the Church against her if she obaied not Parochiana eniuâ— nostra es saith he sicut â—◠〈◊〉 non pâ—ssumus deesse iustitia c. For you are our Parishioner aâ— also your husband I cannot but doe iustice either you must returne to your husband againe or by the Canon-law I shall be forced to constraine you by Ecclesiasticall censures I write this vnwillingly and if you repent not I must doe it though with sorrow and teares 6. The like letter at the same time wrote Richard Archbishop of Canterbury to K. Henry the sonne persuading him by diuers earnest arguments to returne into grace with his Father and in the end threatned him that if within fifteen dayes he perfourmed it not he had expresse commaundement from the Pope to excommunicate him But how this matter was afterward ended or compounded rather for that present you shall heare a little beneath though againe vpon other occasions matters brake forth brought the afflicted King at last to the most miserable state of desolation in minde that euer perhaps was read of in historyes For that as Stow out of auncient writers reporteth he died cursing the day that euer he was borne and giuing Gods curse and his to his sonnes which were only two liuing at that time and that he would neuer release or goe backe in this albeit he was intreated by diuers both Bishops and other religious persons euen vntill the very houre of his death Wher vnto Nubergensis addeth this saying for some reason therof Nondum vti credo satu defleuerat c. He had not as I beleeue mourned or bewailed sufficiently the rigour of that most vnfortunate obstination of mind which he had vsed against the venerable Archbishop Thomas in giuing the occasion of his murder and therefore doe I thinke this great Prince to haue had so miserable an end in this world that our Lord not sparing him heere might by his temporall punishment prepare him euerlasting mercy in the life to come So Nubergensis And this for his manners and conuersation wherin otherwise the said Author doth much commend him for a good Iusticer and leuing Father to his people a great Almes-man and founder of pious works and for a principall defender and preseruer of Ecclesiasticall libertyes c. 7. But now if we consider the point of our controuersie about his religion and particular iudgement in the matter of Ecclesiasticall iurisdiction no King euer of our nation did make the matter more cleere for his obedience to the Sea of Rome in all occasions wherof he had many in his dayes some of them neerly concerning himselfe as that of Thomas Becket Archbishop of Canterbury who for opposing himself against certaine new Statutes and Ordinances of the said King which in the heat of 〈◊〉 greatnes and temporall fortune he would haue made against the liberty of the Church pretending them to haue byn of his Grand-father K. Henry the first and if they had byn the antiquity was not great as you see the said Archbishop incurred highly his heauy indignation which cost him afterward his life as is notorious And these lawes were six in number as the histories of that time doe sett them downe The first that no appellation might be made to Rome without he Kings consent The second that no Bishop might goe out of the Realme without the Kings licâ—nce though he were called by the Pope himself The third that no Bishop may excommunicate any man that held of the King in capite but by the Kings approbation The fourth that it shall not appertaine to the Bishop to punish men for periury â—â— violating their faith but that it shall belonge to the Kings Courts The fifth that Clarks may be drawne to secular tribunals in certaine causes The sixt that the King and his lay-Iudges may determine controuersies about titbes or Churches 8. These were the lawes for which K. Henry the second made so much adoe to haue them passe as he enpawned his whole power therin moued for so much as in him lay both heauen and earth to effectuate them euen by the Pope himself but could not And yet you see that heere is not pretended any absolute spirituall iurisdiction but only delegatory in certaine little peeces and parcels therof or rather some little restraint of that supreme authority which he acknowledged to be in the Sea of Rome But yet for the good and peace of his land he pretended to haue them graunted confirmed allowed vnto him as he said they had byn to his Grand-father but could not shew it For as you haue heard in the life of K. Henry the first the holy and learned prelate S. Anselme stood against him in such sorte so as he preuailed not 9. It is heer also specially to be noted against M. Attorney that this King pretended not as hath byn said to haue this iurisdiction against Clergie men by right of his Crowne but by concession rather of his Bishops and confirmation of the Pope himself For so expresly affirmeth Houeden that liued at that tyme that he required the seales of the said Bishops and confirmation of Pope Alexander the third whervnto when Thomas Becket Archbishop of Canterbury that was Legatus-natus would not yeeld the King sent messengers to Rome presently saith Houeden to wit Iohn â—â—â—â—ford Geffrey Ridell to desire of Pope Alexander that he would make his extraordinary Legat in England Roger Archbishop of Yorke an old emulator and enemy of S. Thomas But the Pope perceiuing his drifte which was to oppresse the said Archbishop of Canterbury denyed the Kings petition in this behalfe though at the request of the Kings said messengers Consessit Dominus Papa vt Rexipse Legatus esset totius Angliae it a tamen quod ipse nullum grauamen facere posset Cantuariensi Archiepiscopo The Pope graunted that K. Henry himself should be his Legat ouer all England but yet so as he should not be able to lay any aggreiuaunce vpon the Archbishop of Canterbury that is to say should not preiudicate his ordinary iurisdiction or haue any authority ouer him Which point the King perceiuing and that his whole intent of oppressing the said Archbishop was heerby preuented he would not through indignation saith our Author accept of the said legation but sent back the Popes letters of that commission to him againe Wherby you see that he refused the said office for that he thought the iurisdiction giuen him was lesse then he would haue had and not for that he did not acknowledge the whole to be in the Pope and nothing in himself as from the right of his Crowne 10. But to abbridge this matter concerning his contention with S. Thomas wherof afterward he sore repented himself as you will heare though he entred into the same with great