office for that saith Florentius from the time he was made Archbishop which was no lesse then two years it was not permitted vnto him either to hold any Synod or to correct the vices which were sprung vp through England Wherevnto Malmesbury and Edmerus that 〈◊〉 with him doe add that the King would not suffer him to goe to Rome to take his pall of the Pope as all Archbishops of Canterbury were accustomed to doe and the other greatly vrged to haue licence But after a long combat which he had had with the King diuers other Bishops that followed the Kings fauour in a Synod at London vpō the third weeke in lent Anno Domini 1095. and eight yeare of King VVilliam his raigne the said Archbishop being extreamly baited by the King his followers stood constant in his appeale to Rome 4. Which thing Rufus perceiuing saith Malmesbury he sent secretly certaine messengers to Rome to intreat the Pope which then was Vrban the second to send the Pall of Canterbury vnto the King to be giuen to whom he would Whervnto though the Pope would not yeeld yet he sent back with his messengers for Legate the Bishop of Albanum named VValta with the said Pall who shewed vnto the King so many reasons why the Pope could not yeeld to his demaund and intreated him so forceably to be content that he might giue the said Pall from the Pope to Anselme with accustomed ceremonyes in the Church of Canterbury as at length he obteyned the same and made them freinds 5. But this frendship lasted not longe for that the very next yeare after the King continued his old manner of oppressing the Church S. Anselme went vnto him to VVinchester and there first by intercessors desired the King that he might haue licence to goe to Rome to conferr diuers difficultyes of his with Vrban the Pope The King answered that he would not giue him licence for that he knew him to haue no such great sinnes that it was needfull for him to goe to Rome for absolution nor yet to be lesse learned then Pope Vrban whose counsaile direction he would aske Whervpon the Archbishop entring the Kings chamber sate downe by his side saith the Story and disputed the matter with him affirming him to deny Christ himself that denyed recourse vnto his Vicar vpon earth And thervpon he concluded that this licence could not be denyed him by a Christian King and consequently he would goe The King said he should carry out nothing with him The Archbishop answered he would goe naked and bare-foote Which firme resolution the King perceiuing to be in him vsed by messengers vnto him diuers intreatyes saith VValsingham and offered large promises of fauours if he would stay But the other would not but departed the Realme though he were searched and rifled by the Kings Officers at the port 6. By all which story it most euidently appeareth that albeit this young disorderly and passionate King were as well in this as in other matters headstronge and violent in pursuing his appetites desires as well in Ecclesiasticall as Temporall affaires yet did he neuer deny the Popes spirituall iurisdiction in England but rather acknowledged the same in sending to Rome to intreat that the pall might be sent to him as also in going about to diuert S. Anselms recourse thither But alas there passed not many years but God punished seuerely these greiuous sinnes against his Church For as both the foresaid Malmesbury Edmerus that liued with him doe write S. Anselms going to Rome frō thence with Pope Vrban to a Councell of Bishops gathered togeather at Bary in Apulia wherin among other things all lay-men were excommunicated that presumed to giue Ecclesiasticall Inuestitures as also those that receiued them at lay-mens hands which was thought principally to haue byn done in respect of King VVilliam he returned againe some years after into France and there passing his banishment with great quietnes of mind he being one day with S. Hugh Abbot of Cluniaecke famous in those dayes for holines the said Abbot told him in the hearing of diuers others that the night before he had seen King VVilliam called before God and receiued the sorrowfull sentence of damnation wherat all the hearers marueyling the next newes they heard from England was that the said King was strangely slaine by an erring arrow of his familiar seruant Tyrrell while he hunted in the New-forrest and that being stroken he fell downe dead without speaking any one word And the same authors doe recount diuers other the like presages and prognostications that happened as well to the King himself as to other friends of his in England portending this euent but neglected by him 7. And this shall suffice for King VVilliam Rufus who raigned thirteen years And though he was naught to all kind of men saith Malmesbury and pernicious in his actions as well to secular as Clergy men yet had he no other iudgement in matters of religion then his father or auncestors nor euer was he noted of any least difference therin Nor doth Maister Attorney bring any instance at all out of this Kings Raigne and therfore shall wee passe to his younger brother that ensued him in the Kingdome OF KING HENRY THE FIRST VVhich was the third King after the Conquest §. I. 8. This was the third sonne of VVilliam the great surnamed the Conquerour who finding the commodity by absence of his eldest brother Robert Duke of Normandy tooke the Kingdome of England vpon him hauing gained by faire promises the good-wills of all or most of the Realme and so was crowned by Maurice Bishop of London for that S. Anselm Archbishop of Canterbury was yet in exile as before vnder Rufus you haue heard 9. What the said Henry did sweare and promise and what he began euen from the very day of his Coronation to put in practice Florentius that then liued declareth in these words Consecrationis suae die Sanctam Dei Ecclesiam c. From the very day of his consecration he set free the holy Church of God which in his brothers dayes had byn sold and let to farme he tooke away all euill customes and remoued all vniust exactions wherby the Kingdome had byn wrongfully oppressed before commaunded that peace and freedome should be holden throughout the whole Realme He restored the law of S. Edward to all men in common with those additions or corrections which his Father had added thervnto c. So Florentius And what his Fathers additions were and how greatly in fauour of the Church and of Ecclesiasticall power authority and libertyes you haue heard before in his life and lawes Wherby we may easily ghesse with what mind and iudgement this man entered vnto his crowne 10. And albeit in this point he neuer altered yet there passed not two years of his gouernment but partely vpon Kingly appetite to haue power in all things and
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
what agreements haue byn made these dayes publikely betweene the excellent Lord Tancred King of Sicilie and vs. And then after recitall of all particularityes he endeth thus testibus nobisipsis vndecimo die Nouembris apud Messanam We our selues being witnesse of this agreement the eleuenth day of Nouember at Messina 32. But when K. Richard soone after departing thence was arriued in Asia and had begun most prosperously his warrs against the Infidels the Deuill enuying his good successe stirred vp first seditioÌ„ in England by means of Iohn the Kings brother who perceiuing diuers to enuy the Greatnes of the Bishop of Ely left gouernour by the King and some Bishops also to be in faction against him began to make great stirs And on the otherside the same enemy of mankind castinge ielousies betweene K. Philip of France and the said King Richard did seperate them at last whervpon ensued the returne of the said King Philip with intention to inuade King Richards Dominions and to set vp his brother Iohn in his place as the sequele declareth 33. But Pope Celestinus the 3. that had succeeded in the place of Pope Clement lately deceased vnderstanding of the former conspiracie and faction against the Bishop of Ely in England wrote a vehement letter against the same to all the Archbishops Bishops and Clergie of England saying among the rest Cum dilectus in Christo filius noster Richardus c. wheras our deerly-beloued soÌ„ne in Christ Richard noble King of England when he resolued by taking vpon him the signe of the Holy crosse of Christ to reuenge the iniury of his redeemer in the Holie land left the tutele and care of his Kingdome vnder the protection of the Sea Apostolicke we that haue succeeded in that Sea haue so much the more obligation to coÌ„serue the State of the said Kingdome the rights and honours of the same by how much greater confidence he placed in our protection and thervpon hath exposed his person riches and people to greater perils for exaltation of holy Christian religion c. Wherfore vnderstanding of certaine troubles lately moued by Iohn Earle of Morton and certaine others combined with him against your honourable Father VVilliam Bishop of Ely Legat of the Sea Apostolicke and Gouernour of your Realme Vniuersitati vestrae per Apostolica scripta mandamus in virtute obedientiae praecipimus c. We doe by these Apostolicke writings giue commaundement to your whole community Realme and charge the same in the vertue of obedience that all men surcease from like practise of conspiration turmoyle or faction c. giuen at our pallace of Lateran the 4. day before the Nones of December in the first yeare of our Popedome And by this you may see what authority he tooke himself to haue ouer all England and Bishops and Princes therof at that day 34. The which is yet more declared by that which soone after ensued for that the foresaid Earle Iohn and other Lords and Bishops combininge themselues with him hauinge proceeded yet further in that quarrell by coÌ„mon consent of all the Realme as it seemed depriued the said Bishop of Ely of his office of Gouernour imprisoned him and driuen him out of England and elected in his roome VValter Archbishop of Roane for gouernour of the Realme they were no lesse carefull to send presently to excuse iustifie the matter vnto Pope Celestinus then they 〈◊〉 to the King himself for his satisfaction All which appeareth by a large letter written from Rome to the said Archbishop by his agents that were there who aduertized him how euill the matter was taken by the said Pope Celestinus Dominus Papa say they in restri depressione negotij plurima indignanter cum amaritudâ—ne proponebat c. The Pope did propose very many things with indignation and amaritude of mind to the depression of your affaire iterating many tymes that he knew the great affection confidence of the King of England towards his Chauncelour and Gouernour the Bishop of Ely and that he had seen many letters of the said King in his commendation but none against him that at his earnest instance the Sea Apostolike had made him also Legat à latere And that finally he absolued him from the sentence of excommunication which the said Archbishop of Roâ—â— had laid vpon him and for the rest he would expect the Kings inclination who being soone after taken prisoner in Germany sent presently for the said Chauncellour to come vnto him and made great vse of him for he was not only his interpreter betweene the Emperour and him and other Princes but he sent him also into England not as Chauncellour or Gouernour but as Bishop of Ely to lay the plot for his ransome 35. And I might recount many other examples of the same iurisdiction exercised in England by the same Pope without contradiction of any man in the absence of the said King though Earle Iohn the Kings brother was present and very potent amoÌ„g them and no great freind to the Pope as by the former letter may be imagined and who finally did driue out of England the said Bishop of Ely but yet neuer obiected or put doubt in the Popes authority about any Ecclesiasticall matter that there fell out As for example vpon the yeare 1191. which was the very next after the Kings departure Nubergensis liuinge at that time recounteth how Geffrey the Kings base brother hauing byn longe beyond the seas suing at Rome to be admitted to the Archbishopricke of Yorke and to haue his Pall which Pope Clemeâ—â— would not graunt for diuers obiections and appealles made against him as well by Baldwyn Archbishop of Canterbury as you haue heard as also by others and namely the Bishop of Ely that was Gouernour of the land being much against him yet now vpon King Richards commendation and his owne many 〈◊〉 promises Pope Celestinus so much fauoured him saith Nubergensis as he gaue him his pall before he was consecrated and sent him to be consecrated by the Archbishop of Towers in France commaunding him vt ei non obstante vel appellatione vel occasione qualibet manus imponeret that he should by imposition of hands coÌ„secrate him notwithstanding any appellation or other occasion whatsoeuer to the contrary And so he did and he came into England and tooke possession of the said Archbishopricke and enioyed the same by this authority of consecration and inuestiture from Pope Celestinus notwithstanding all the contradiction and opposition of his potent aduersaryes as in the same Author at large is set downe 36. And when not longe after this againe the said Archbishop Geffrey requiring Canonicall profession of obedience to be made to him and his Sea accordinge to custome at the hands of Hugh Bishop of Durham who had purchased before of King Richard an Earl-dome to be annexed to his said Bishopricke and that the said Hugh refusing to doe the same vpoÌ„
pretence of many causes appealed therein to the Sea of Rome the Archbishop not admitting the same appeale pronounced notwithstanding sentence of excommunication against him Celestinus the Pope not only reuoked the said sentence but exempted moreouer the said Bishop Bishopricke from the obedience of the said Archbishop and Archbishopricke of Yorke as the same author relateth So as in this he shewed his authority in England 37. But now let vs passe to K. Richard himself who being valiantly occupied in the warres against the Infidels and enemies of God in Asia had many crosses fell vpon him First the falling out and departure of K. Philip of France from that warre as you haue heard who returning into France began to treat presently with Earle Iohn to trouble the peace of his brothers territoryes and the principall point that combined these two togeather against King Richard besides the enuy of the one and ambition of the other was that both of them were afraid least Prince Arthure Earle of Brittany sonne to Geffrey Iohns elder brother should succeed in the Kingdome of England if any thing should happen to King Richard and so the Bishop of Ely had giuen out that King Richard himself had written from Sicily which point was much feared as preiudiciall to them both Whervpon they made a fast league and began on both sides of the Sea to trouble the State which when K. Richard vnderstood and that Pope Celestinâ—◠〈◊〉 his letters and other diligence could not stay them and that 〈◊〉 grew into sedition at home by partes-takinge he was forced sorely to his greife and to the publicke lamentation of all Christendome to leaue that warre and to abandon the victorie that was euen now almost in his hand if he had stayed as the euent also shewed for that soone after dyed the Saladine by whose death there was no doubt but that King Richard had recouered Ierusalem 38. But he returning for defence of his owne countrey fel into great misery For being taken as hath byn said by Duke Leopold of Austria vpon pretence of certaine iniuries receiued from him his people in the warres of Asia he was deteined by him and by the Emperour Henry the 6. more then fifteen moneths prisoner and forced to paie in the end aboue two hundred thousand markes for his ransome partly in present money and partly in pawnes and pledges left for the same And so after foure yeares absence the said King returned 39. But in this tyme of his captiuity his chiefest comforte and refuge was in the assistance of the said Pope Celestinus as may well appeare by the sundry letters of many written vnto the said Pope in his behalfe but especially and aboue others of the afflicted Lady and Queen his mother Eleanor who wrote three large letters vnto him by the pen of Petrus Blesensis Archdeacon then of London that had byn Secretary to her husbaÌ„d K. Henry the second and she beginneth one saying thus Sanè non multum ab insania differt dolor Sorrow truly doth not much differ from madnes And then Gentes diuulsae populi lacerati prouinciae desolatae in spiritu contrito humiliato supplicant tibi quem constituit Deus super Gentes Regna in omni plenitudine Potestatis These nations heer deuided in their owne bowels by absence of their Prince this people torne and broken in themselues these desolate prouinces doe in a contrite and humbled spirit make supplication to you whom God hath placed ouer Nations and Kingdomes in all fullnesse of power And then againe Moueat te Summe Pontifex etsi non huius peccatricis infalicissimae dolor saltem clamor pauperum compeditorum gemituâ— interfectorum sanguis Ecclesiarum spoliatio generalis denique pressura sanctorum Be you moued ô high Priest if not with the sorrow of mee a most vnfortunate sinner yet with the cry of poore men with the groanes of them that are in fetters with the bloud of them that are heere slaine with the spoyling of Churches therof ensuing and with the generall oppression of all holy people And yet further Duo filij mihi supererant ad solatium qui bodie mihi misera damnatae supersunt ad supplicium Rex Richardus tenetur in vinculis Iohannes frater ipsius regnum Captiui depopulatur ferro vastat incendijs Two only children of many remained vnto me for my comforte which now are vnto me most miserable and damned woman become a torment King Richard is held captiue in chaines and Iohn his brother doth spoile by sword and fire the said captiues Kingdomes and dominions 40. This and much more to the same lamentable effect wrote this afflicted mother vnto Pope Celestinus in those dayes requesting him by Ecclesiasticall censures to compell both the Emperour and Duke of Austria to set her sonne the King at liberty And to this effect hath she many vehement speaches exhortations vnto him as for example Nonne Petro Apostolo saith she in eo vobis à Deo omne regnum omnisque potestas regenda committitur Benedictus autem Dominus qui talem potestatem dedit hominibus non Rex non Imperator aut Dux à iugo Vestrae Iurisdictionis eximitur Vbi est ergo Zelus Phinees vbi est authoritas Petri c. were not all Kingdomes and was not all power and gouernment committed by God vnto Peter the Apostle and in him to you Blessed be our Lord that gaue such authority vnto men No King no Emperour no Duke is exempted from the yoke of your Iurisdiction And where is then the Zeale of Phinees where is the authority of Peter c. 41. And againe in another epistle Illud restat vt exeratis in malesicos Pater gladium Petri quem ad hoc constituit Deus super gentes regna Christi crux antecellit Caesaris Aquilas gladius Petri gladio Constantini Apostolica Sedes praeiudicat Imperatoria potestati Vestra Potestas à Deo est an ab hominibus Nonne Deus Deorum locutus est vobis in Petro Apostolo di cens Quodcunque ligaueris super terram erit ligatum in caelis quodcunque solueris super terram erit solutum in caelis Quare ergò tanto temporetam negligenter immò tam crudeliter filium meum soluere defertis aut potius non audetis Sed dicetis hanc potestatem vobis in animabus non in corporibus fuisse commissam Esto Certè sufficit nobis si eorum ligaueritis animas qui filium meum ligatum in carcere tenent Filium meum soluere robis in expedito est dummodo humanum timorem Dei timor euacuet This only remaineth ô Father that you draw forth the sword of Peter against malefactors which sword God hath appointed to be ouer nations and Kingdomes The Crosse of Christ doth excell the Eagles that are in Cesars banners the spirituall sword of â—â—ter is of more power then was the
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
strangers that had benefices or Ecclesiasticall liuings within the Realme both religious and other To which consideration he had these particular motiues peculiar to his time and state that he hauing for some yeares before proclaimed himself King of France and taken the Armes and Title of that Kingdome vpon him as due vnto him by succession for that he was next heire male in bloud to King Philip the 4. surnamed the faire that by his mother Queen Isabel was his Grandfather and all the Popes at that time being French-men and lying at Auinion in France for seauenty yeares togeather and the most parte of the Cardinals and Courte being in like manner of the same natioÌ„ that were ordinarily prouided by the Popes of benefices and Bishopricks in England and therby not fit as was pretended to teach preach or reside there King Edward besides the regard of other inconueniences entred into ielousie also of state thinking that these men were enemyes to his pretences in France and therevpon was the more pricked to make the prohibitions and lawes which he did 4. But yet writing first therof to the Pope himself in most humble and dutifull manner requesting redresse and remedy immediately from that Sea as by his letters yet extant doth appeare vpon this occasion saith VValsingham for that Pope Clement the 6. which once had byn Archbishop of Roane in Normandy a man of eminent learning but of profuse liberality made prouisions vnto two French Cardinals for their maintenaunce of two thousand markes a yeare vpon Bishopricks and Abbeys in England without the Kings knowledge or consent wherwith he being much offended commaunded first the Procurators of the said Cardinals to surcease and departe the land vpon paine of imprisonment then wrote vnto the said Pope that famous letter saith our Author for the liberty of the Church of England which he and others doe set downe The Title wherof is this Sanctissimo in Christo Patri ac Domino Domino Clemanti diuina prouidentia Sacrosancta Romana Vniuersalâ—◠〈◊〉 Summo Pontifici Edwardus eadem gratia Rex Francia Anglia c. â—â—â—uota pedum oscula beatâ—rum 5. This is the Title and inscription of his letter whereby wee may see what account he made of the Sea Apostolicke and Bishop thereof And in the prosecution of the said letter he layeth downe first how all the Bishopricks Prelacyes and benefices 〈◊〉 England being founded by the deuotion of Christian Kings â—ishops and Noble-men therof to the end that the people might be instructed the poore releiued the Churches serued the Princes assisted by Counsaile and help of the said Prelates according to that we haue heard touched before in the Statute of Carliele vnder this mans Grand-father and otherwise often repeated vpon other occasions all these good ends were said now to be euacuated by that the Sea Apostolike reseruing the collâ—tions of such spirituall liuings to the Courte of Rome vnfit men strangers for the most parte were preferred and therby English-men discouraged and damnified the patrons of benefices depriued of their right of presentation many other such inconueniences ensued 6. Wherfore considering all these points saith the King Pâ—â—sata etiam deuotionis plenitudine quae domus nostra Regia Clerus â—â—pulus dicti Regni perstiterunt hactenùs in obedientia Sedis Apostolica c. Considering also the fulnesse of deuotion wherwith our Kingly family as also the Clergy and people of our Realme haue pâ—â—seuered hitherto in the obedience of the Sea Apostolicke it seemeth right that you as a Father prouiding for his children should with paternall affection alleuiate the burthens of your said children and permit for the time to come that Patrons of benefices may haue that solace as to present fit persons without impeachment to the said benefices wherof they are patrons and that Cathedrall Churches others of the said Kingdome may be prouided of Pastors by free elections c. Wherfore we â—â—seech your Benignity to vouchsafe euen for the honour of God and saluation of soules and for the taking away of the foresaâ—â— scandals and offences to put quickly some whole-some temperament vnto these matters to the end that wee who doe â—â—â—rence as wee ought to doe your most holy person and the holy Roman Church in paternae vestra dilectionis dulcedine quie scamâ—â— may rest in the sweetnes of your fatherly loue towards vs. 〈◊〉 â—â—â—â—lissimus ad regimen Ecclesia Sua Sancta per tempora prospera lonâ—â—â— The most high God preserue you to the gouernment of his holy Church for many and prosperous years Giuen at VVestminster the 26. day of September vpon the 4. yeare of our Raigne ouer France and 27. ouer England 7. Heere we see with what respect to the Sea Apostolicke King Edward pretended to make the restraints which he made of prouisions from Rome and to shew more his confidence and acknowledgement toward the said Sea he sent soone after the very same yeare vnto the said Clement the 6. a most honourable Embassage by Henry Earle of Lancaster and Derby as also the Earls Spenser and Stafford togeather with the Bishop of Oxford to treat with the said Pope and lay before him the right which he pretended to the Crowne of France though not in forme of iudgement or to put the matter in triall saith VValsingham but as to a father and friend he hauing 4. yeares before that written largly of the ground of his said right vnto this mans predecessour Pope Benedictus the 11. and to the whole Colledge of Cardinals himself being then at Antwerpe vpon the 16. of Iuly Anno Domini 1339. and 13. of his Raigne 8. His epistle to the Pope had the same title which the other before and that to the Cardinals Amabilium Deo patrum Sacrosancta Romana Ecclesiae Cardinalium Collegio venerando c. In the prosecution of which letter to the Pope after a large demonstration of his title he hath these words Non igitur apud vestrae viscera misericordia Sanctitatis locum inueniat detrahentium informatio amula c. Let not therefore the emulous informations of detractors find place in the bowells of your mercie and Holines against such a sonne of yours as by hereditary right of all his progenitors doth and will for euer immoueably persist in your obedience and in the obedience and grace of the Apostolicke Sea c. And we doe intimate this processe of our iustice to the said Crowne of France and of the iniury done against vs by detayning the same vnto the preheminence of your holy Highnes that by your supreme and holy measure of right and equity whervnto belongeth vpon earth to open and shut the gates of heauen and to whom appertaineth the fullnesse of power supereminency of tribunall you will fauour our right so much as reson requireth Parati semper ne dum à vestro sancto cunctis presidente iudicio
annexed sequels 46. And I might alleadge heere diuers particular examples of King Kichards respectiue proceedings towards both the Sea of Rome and Clergy of his Countrey as namely in the first wheras Pope Vrban the 6. being truly and Canonically elected Pope in Rome afterward against him the Archbishop of Arles in France being chosen for Anti-Pope by a faction of French-Cardinals that named him Clement the 7. King Richard stood zealously with the said true Pope and not only made a Statute in Parlament that whosoeuer should be obedient to any other person as Pope but only to Pope Vrban should be out of the Kings protection and his goods seased as the words of the Statute are but also some yeares after that againe when the said Pope Vrban had appointed Henry Bishop of Norwich to be his Captaine general to passe ouer into Flanders and by force to constraine the said schismaticall Pope to surcease that diuision the said King not only allowed but assisted also that enterprise 47. And as for the Clergy of his Realme and their spirituall iurisdiction how much he respected it appeareth by that the Archbishop of Canterbury and some other Bishops that assisted him hauing publikely pronounced the sentence of excommunication vpon the yeare 1379. against certaine persons that had broken the priuiledges of Sanctuary in the Church and Monastery of VVestminster and shed bloud therin for taking out a certaine person in the Kings name the said King albeit he was thought to haue byn the abetter â—hereof yet did he finally obay the said Censures and soone after in the same yeare at his Parlament of London it was ordained saith VValsingham Quod immunitates priuilegia Ecclesia VVestmonasteriensis illibata manerent that the libertyes priuiledges of the Church of VVestminster should remaine whole and inuiolate 48. Wherefore now to answere the instance or obiectioÌ„ which M. Attorney alleadgeth out of the foresaid Statute of the 16. yeare of this King where the law of Premunire the losse of goods and lands other punishments are appointed for such as doe procure processe and sentences of excoÌ„municatioÌ„ which touched the king their Lord against him his crowne and his regalitie c. as larglie you maie see it set downe in the whole Statute out of M. Attorneys booke I answere that whosoeuer shall attentiuelie read the whole contexture of this Statute with that which before wee haue sett downe both in this in the precedent kings life he shall see that this Statute doth rather make against M. Attorneys purpose of supreme spirituall iurisdiction then anie waie for him For that first of all the verie proposition to the Parlament doth concerne temporal power and not spirituall saying that the Crowne of England hath been at all times free and onlie subiect to God immediatlie and to none other and that the same ought not in anie thing touching the maiesty or regalitie of the same Crowne bee submitted to the Bishop of Rome nor the laws and Statutes thereof to bee taken away or mablect by him c. 49. This then being the proposition of the Commons which is euidently to bee vnderstood of temporall regalitie and thinges thereunto belonging the temporall Lords assented absolutelie vnto it But the Archbishop Bishops Abbots and other Ecclesiasticall Prelates that made the cheife and highest parte of the Parlament distinguished yea made protestations as the Statute saith that it was neuer their meaning to witt either in K. Edwards daies or now to saie that the Bishop of Rome might not excommunicate Bishops or make translation of Prelates from one Sea to another after the law of holie Church yet if this should bee done at anie time in great preiudice of the King or his realme as that sage men or Counsellours should therby be drawne from him without his knowledge or against his will or that the substance and treasurie of his Realme should bee in daunger to be destroyed by sending out money or giuing it to his aduersaries or other like inconueniences ensue against the Kings state and realme indeed then they did graunt that this might bee esteemed against the Kings regalitie c. whereby wee see in what sense and with what limitation they did yeeld to such like Statutes in those daies pressed by the importunitie of the laie partie but yet far from the meaning of M. Attorney who would haue men thinke that heerby they confessed K. Richard to bee Head of the Church which himself expresly denieth in his forenamed Statute in fauour of Pope Vrban whom hee calleth the onlie true head of the Church and for such commaundeth him to bee obaied and respected vnder the paines before mencioned And so much of K. Richard who not long after fell into great misery lost both his commaundry and life and came to a pitifull end full of affliction and desolation as our histories doe testify and set forth at large OF THE THREE KING HENRYES OF THE HOVSE OF LANCASTER The fourth fifth and sixth vvho raigned for the space of threescore years And what is obserued out of their raignes concerning our Controuersie with M. Attorney CHAP. XIII AFter the three Edwards before mentioned vnder whom the first restraints were made for the exercise of certaine externall points of Ecclesiasticall iurisdiction as you haue heard and after the pitifull end of their successor inheritour K. Richard the 2. entred and ensued in the Crowne three Henries of the line of Lancaster who had variable successe in their liues and temporall affaires though in religion and particularly in this point of our controuersie about spirituall power and iurisdiction they were all one 2. King Henrie the 4. being Duke of Lancaster and sonne of the often fore named Iohn of Gaunt that was the fourth sonne of K. Edward the 3. seing the disorderly gouernment of K. Richard the 2. his Cosen germaÌ„ the auersion of his peoples affection from him for the same cause came out of France where he liued in banishement raised powers against him pursued and tooke his person caused him to be deposed by Parlament and himself chosen in his place with great applause of the people which yet turning away from him soone after againe he was forced for his safetie defence not onlie to make away the same K. Richard in Pomfret Castle but also to take armes suppresse and cut of the greatest and cheifest men that had aided and assisted him to gaine the said Kingdome And finallie after a troublesome raigne of 13. yeres he died vsing these words before his death as they are registred by Stow and others I sore repent mee that euer I charged my self with the Crowne of this Realme c. 3. King Henry the 5. his eldest sonne succeeded him for the space of ten years and though he were a most excellent Prince warlike and fortunate gained the possession of almost the whole Kingdome of France yet had
inuisibilitie in those ages but novv she is become visible in our daies Nay you doe set her forth vvith so great an enlargement of greatnes and glorious apparence as you say she is more extended now then ours For that quoth you vve haue all England all Scotland all Germany all Denmarke all Poland a great part of France and some part of Italie VVherein your large extension of your Church in this second parte of your Relation if vve could beleeue you is no lesse strange then vvas your restriction of her secresie and inuisibilitie in the first For vvho vvil graunt you al England for Protestants vvhen they shall see so many prouisions made against both English Catholickes Puritanes vvhich later part of men as vvel as the former that they caÌ„not make one Church vvith you shall preseÌ„tlie be shevved in the Preface of this vvorke 30. Hovv you haue all Germany for youres there being so manie religions and the greatest parte Catholicke and other different Sects greatlie disagreeing from you I knovv not by vvhat figure you can make your Reader to beleeue that you speake truth The like I saie of Denmarke vvhere al are Lutheranes and not of your Church nor vvill it admit Caluinistes to dvvell or dy or be buried amongst them Of all Poland it is a notable hyperbole for so much as both the King â—â—d State professe publicklie the Catholicke reliâ—â—on and the Sectaryes that are in that kingdome â—â—e Trinitarians Arrians Anabaptists more perhaps â—â—nuber then Caluinistes I marueile you omitted â—â—ecia and Noruegia vvhere as they are not Cathoâ—â—â—kes so are they not of your religion or Church 〈◊〉 nor those of France neither though they be â—â—luinistes for as for your some parte of Italie I â—old to be no parte at all nor vvas it anie thing â—se but a certaine ouerflovving of your speach to â—ake the full sound of a greater number the Proâ—â—stants of France I say cannot make one Church â—â—ith you as neither those of Scotland vvith the residue of Holland Zealand and other of â—â—ose Prouinces vnited of Geneua as their Moâ—â—er-Church these I say being all Puritanes â—â—d Precisians cannot make any Church vvith â—ou in that vnion of faith and doctrine vvhich â—â—e vnity of a Church requireth as by your and â—â—eir ovvne confession vvritinges testimonyes â—â—d protestations is extant in the vvorld to be â—â—ene Wherefore I shall desire the intelligent Reaâ—â—r to make vvith me a briefe recollection about â— Attorneyes doctrine for his Church First he â—â—aunteth as you haue heard the Roman Church 〈◊〉 haue byn the true Mother-Church for diuers â—ges togeather spread ouer the vvhole vvorld dilated throughout all Prouinces perspicuous eminent and admirable in florishing glorie by the greatnes and multitude of her children professing Christ euery-vvhere in vnion of faith doctrine and Sacraments as the holie Fathers iâ— those ages and others ensuing doe testify vnto vs 32. Secondlie he vvill haue this glorious Churcâ— so to haue fallen sicke pyned and vvitheredâ— vvay vvithout groaning and so to haue vanisheâ— out of mens sightes as she could not be knovvn vvhere she vvas for many hundred yeares togeather nay he vvill haue her to be like a wedge oâ— golde so corrupted and mingled vvith lead anâ— tinne as no man can tell vvhere the gold lieth except he try it vvith the touch-stone vvhich touch stone in our case he saith to be the scripture vvhereby the Church must by euerie man be tryed and touched so as ech one that vvill knovv this Church and haue benefit from the same musâ— touch her first see vvhether she be the Church or no and so in-steed of submitting himself vnto her and to be directed by her he must first makâ— himselfe touch-maister and Iudge ouer her 33. Thirdlie M Attorney hauing shifted of this time of the inuisibility of his Church in this sort he novv in this last age maketh her so visible againe vpon the suddaine as that she comprehendeth all the Churches of the aforenamed Kingâ—â—mes of vvhat Sect or profession soeuer so that â—â—â—y differ from the Catholicke vvhich are some â—â—ne or ten Sectes at the least al dissenting amoÌ„g â—â—â—mselues professing in their vvritings actes â—â—d doings that they are not of one religion nor â—â—nsequentlie can be of one Church and yet eâ—â—â—ie one goeth vvith his touch-stone in his hand 〈◊〉 vvit the Bible as vvell as M. Attorney and are â—eady to touch him and his Church as he them â—â—d theirs but vvith different effect and successe 〈◊〉 he fyndeth by this touchstone as you haue â—â—ard that all they are of his Church but they â—â—d euery one of them by the same touch-stone â—â—e fynde the contrary and not one of them vvill â—â—unt I saie not one of all the vvhole number of nevv Sectes that the Church of EnglaÌ„d as novv standeth is either the true Church of Christ or â—â—eir Church and in this I dare ioyne issue vvith â— Attorney out of their ovvne bookes assertions â—â—d protestations So as novv M. Attorney that vvhich in the â—â—â—iptures is so memorable of it self so commenâ—â—d by Christ our Sauiour so respected by the Aâ—â—stles so testifyed and defended by the primitiue â—artyrs so magnifyed by the ancient Doctors â—â—d Fathers and by all good Christians so reueâ—â—nced and dreaded I meane the glorious name â—f the Catholicke and vniuersall Church and the benefit to be in her and of her vvithout vvhich no saluation can be hoped for of Christ but ineuitable and euerlasting perdition by vvhich on the other side and in which saluation onlie maie be attained all this I saie is come to be so poore base and contemptible a thing vvith you and so vncertayne as you knovv not vvhere your Church is nor greatlie care so that at all she be and vvhen you name your Sectary-brethren and associates therein they denie you and your alliance as you see and vvhen you assigne your touch-stone of scriptures they vse the same against you and proue thereby youres to be no Church and ech one of themselues in seuerall to be the onlie true and Christian Church And this haue you gained by leauing the Roman vvhich you graunt in old times to haue byn the holy mother-Church see vvherevnto you are come and this shall suffice for this matter 35. This epistle vvould grovv ouerlong if I should entertaine my self in all the impertinent speeches vvhich you had that daie in your glorie as it semeth against Catholickes the least parte vvhereof did in vvise-mens sightes concerne the prisoner at the barre though by your Rhetoricall application all vvas dravven vpon him by hooke or by crooke for that Yorke VVilliams Colen Squiar and Lopus vvere brought in squadron to muster there to that effect vvherof all notvvithstanding except the last are defended and their conspiracies most euidentlie proued to haue byn feygned by a learned vvorthy and vvorshipfull gentleman of our Countrey dedicated these yeares past to the Lords of the late
oftentimes runneth no small daunger of his soule through the passions of anger hatred reuēge vain-glorie couetuousnes appetite of honour and the like affections of mynd vvhich peruert iustice and vvherof most strait accompt must aftervvard be rendred for the same 54. And if in any part of the vvorld this Fiscall office and authority be full of perill much more in England vvhere his povver is much more absolute then in any other countrey vvhatsoeuer For that in other Realmes the defendant for his life hath other Attorneyes and learned counsell allovved him as hath bene said but in England all is committed in a certayne sort to the Kings Attorney onlie vvhere the matter any vvay concerneth the Princes interest and albeit he be svvorne to be equall and indifferent betvvene the Prince and his subiect especiallie in matters of life and death yet doe all men see hovv that is obserued the Attorney thinking it his greatest honour to ouerthrovv any man that commeth in his vvay by all manner of opprobrious proceeding by scoffs iestes exprobrations vrging of odious circumstances tales inuentions cōparisons rhetoricall exaggerations the like vvhich seemed in old time so vnciuill and inhumane against men in misery that diuers States and Cōmon-vvealthes though Pagan and Gentile did forbid them to be vsed by the Actor notvvithstanding the lavv allovved them a defender and tvvice as much time for the defence as the Actor had for his accusation 55. All vvhich points of ayd and comfort doe faile in our English tryall of life and death and one more besides of singular importance vvhich is that the Iury commonlie is of vnlearned men and therby easilie either deceaued by crafty and coloured arguments of the accuser not hauing time to examine or iudgement to discerne them or led by false affectiōs or terrifyed by force of authoritie vvhich in graue learned Iudges vvere not so much to be feared And by this may M. Attorney acknovvledg vvith me some part of the danger of his office vvho by one onlie vvorde looke signe or action may oftentimes preiudice the bloud of the prisoners that stande at the barre much more by so many exaggerations reproaches and insolencies vsed against them VVho remembreth not that late hateful exprobration to the vnfortunate Earle to vvhome it vvas obiected at the barre that he thought to be the first King Robert and novv he vvas like to be the last Earle of that name and hovvse And the other yet more bitter vnto his Secretary Cuff that you vvould giue him at length such a cuff as should make his head to reele against the gallovves these things to men in misery are great encreasmētes no doubt of their calamityes and so much the more by hovv much they tasted of insolency neuer allovved of by vvise and moderate men tovvardes those that be in affliction or distresse And thus vvill I end this my first speach vvith you referring my self for the rest to that vvhich ensueth throughout this vvhole Answere Cath. Deuine A TABLE Of the particular Contentes Chapters and Paragraphes of this ensuing Treatise THe Preface to the Reader conteining the weight and importance of this our Controuersy wherby may be resolued whatsoeuer is in question betwene men of different Religions at this day in England The Answere to the Preface of Syr Edward Cooke the Kings Attorney Generall about Errour Ignorance and Truth and way to try the same Chap. I. pag. 1. The state of the Question in generall concerning Spirituall and Temporall Power and Iurisdiction their origen and subordination one to the other And how they stand togeather in a Christian Common-wealth Chap. II. pag. 23. The second part of this Chapter about the subordination of these two Powers the one to the other different greatnesse of them both § 1. pag. 32. The third Part of this Chapter shewing how these two Powers and Iurisdictions may stand well togeather in agreement peace and vnion § 2. pag. 40. The particular state of the controuersy with M. Attorney concerning the late Queenes Ecclesiasticall Power by the auncient lawes of England deduced out of the case of one Robert Caudery Clerke Chap. III. pag. 47. The second part of this Chapter with a more cleere explication of the Question § 1. pag. 57. VVheras in the case proposed there may be two kinds of Proofes the one De Iure the other De Facto M. Attorney is shewed to haue failed in them both And that we doe euidently demonstrate in the one and in the other And first in that De Iure Chap. IIII. pag. 63. The second Part of this Chapter wherin is shewed that Queene Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction § 1. pag. 74. Of the second sort of Proofes named De Facto wherto M. Attorney betaketh himselfe alleadging certaine instances therin And first out of the Kinges before the Conquest Chap. V. pag. 92. How the Attorney not being able to proue his affirmatiue Proposition of English Kinges Iurisdiction Ecclesiasticall before the Conquest we doe ex abundanti prooue the negatiue by ten seuerall sortes of most euident demonstrations that there was no such thinge in that tyme but the quite contrary Chap. VI. pag. 103. The first Demonstration of the lawes made by ancient Kinges before the Conquest § 1. pag. 105. The second Demonstration That the first Ecclesiasticall lawes in our Countrey came not from Kings but from Prelates § 2. pag. 108. The thid Demonstration That all Ecclesiasticall weighty matters were referred by our Kings and people to the Sea of Rome § 3. pag. 113. The fourh Demonstration That Confirmations Priuiledges Franquizes of Churches Monasteries Hospitalles c. were graunted by the Pope § 4. pag. 124. The fifth Demonstration That Appeales and Complaints were made to the forsaid Sea of Rome about Cōtrouersies that fel out in Englād § 5. pag. 131. The six Demonstration Of the Kinges and Archbishops that liued togeather in our Countrey before the Conquest and what lawes they were like to make § 6. pag. 139. The seauenth demonstration Of the concourse of our Kinges of England with other Princes and Catholike people abroad § 7. pag◠141. The eight demonstration Of the making tributary to the Sea of Rome the Kingdome of England § 8. pag. 142. The nynth demonstration Of the going of diuers Kinges and Princes of England to Rome for deuotion to that Sea § 9. pag. 147. The tenth demonstration Of the assertions and asseuerations of diuers Kinges of England for preheminence of spirituall Power VVith a Conclusion vpon the former demonstrations § 10. pag. 151. Of the Kinges after the Conquest vnto our times And first of the Conquerour himselfe whether he tooke spirituall Iurisdiction vpon him or no by vertue of his Crowne and temporall authority Chap. VII pag. 155. Reasons that shew William the Conquerour to haue acknowledged euer the authority of the Sea Apostolicke § 1. pag. 160. Of King William the Conquerour his lawes in fauour of the
ielousy other like motiues to doe or attempt that especially in these later ages which reason and Religion did not allwayes approue nor themselues nether vpon more mature deliberation And yet doe I not graunt that M. Attorney bringeth any thing of moment in this kind of proofe de facto also as after shall appeare though all his pretences of proofes be in this kind only 3. For as for the first though he entitle his booke De Iure as you haue heard yet little or nothing doth he alleadge therin worthie to be repeated Only he hath one Argument mencioned and refuted by vs before in the second Chapter of this Answere which is that the Kingdome of England being an absolute Empire and Monarchie consisting of one head which is the King and of a body politicke deuided into two generall partes the Clergie and the Layty both of them next vnder God must be subiect obedieÌ„t to the same head in all causes for that otherwise he should be no perfect Monarch or head of the whole bodye c. 4. But to this the answere is playne by the groundes we haue laid downe in the same Chapter of the different origen of spirituall and temporal power and that it is sufficient to any temporall Monarch and to the perfection of his Monarchie that all sortes of people throughout his dominions as well Clergie as Layty be subiect vnto him in all temporall affayres and that with this perfection of Monarchie were content both Constantyne the first christian Emperour also Valentinian Gratian Theodosius Arcadius Honorius Iustinian and other Emperours that eusued after him as also Charles the Great in France with his Successours all our English Kings before K. Henry the eight who esteemed themselues for greate perfect Monarches ouer their people as in deed they were without this chalenge of Spirituall Iurisdiction in Ecclesiasticall matters And therfore the said greatest Emperours were content also to beare patiently and christianly the denyall therof in diuers occasions by their good Bishops Prelates S. Basil S. Gregory Nazienzen S. Ambrose S. Chrysostome yea and checkes also for vsurping somtymes either by themselues or their officers vpon Ecclesiasticall power that belonged not to them wherof many examples might be alleadged and some haue bene touched before in the place mencioned For to this end was that admonishment of S. Gregory Nazienzen to the Emperour Valentinian that he should vnderstand that he being a Bishop had greater Authority than the said Emperour To the same effect likwise was the resolute speech of S. Ambrose vnto the same Valentinian Nolite grauare Imperator c. Trouble not your self Emperour in coÌ„maÌ„ding me to deliuer the Church nor doe you perswade your self that you haue any Imperiall right ouer those things that are spirituall or diuine exalt not your self but be subiect to God if you will raigne be content with those things that belong to Cesar and leaue those which are of God vnto God Pallaces appertaine to the Emperour and Churches vnto the Priest You haue right ouer the walles of the Cyttie but not vpon sacred howses So he And the same S. Ambrose some 3. or .4 yeares after vsed the like speech of superiority in spirituall matters to the good Emperour Theodosius checking him greiuously yea keeping him out of the Church and holding him vnder excommunication for eight monethes togeather And when the said good Emperour came humbly on foote unto him saying Ora vt mihi soluas vincula ne mihi occludas ianuam I beseech you loose my bandes and shutt not the Church doore against me The other answered what pennance can you shew me that you haue done since the committing of your greiuous sinne c. 5. And the like libertie of speech might I alleadge out of S. Chrisostome where speaking of the presumption of King Ozias that would meddle in Spirituall matters vsed this Apostrophe vnto him Mane intra terminos tuos aly sunt termini Regni alij termini Sacerdoty hoc Regnum illo maius Stay king within thy bounds and limitts for different are the boundes of a Kingdome and the limitts of Priest-hood and this Kingdome of Priest-hood is greater then the other wherof he yeldeth this reason a little after Regi corpora commissa sunt sacerdoti animae The bodyes be committed to the Kinge the soules to the Priest And in the next homily following he inferreth this conclusion Ideoque Deus c. Therfore hath God subiected the head of the King to the handes of the Priest instructing vs therby that the Priest is a greater Prince then the king for that according to S. Paul the lesser allwayes receaueth blessing from the greater and more eminent Other Fathers sayings to the same effect I purposely omitt for breuityes sake but by these few M. Attorney may see how he is deceiued in placing the perfection of a temporall Monarchie in hauing spirituall Iurisdiction ouer Priestes in Ecclesiasticall affayres 6. We read that when Constantius the Emperour some to Constantyne the Great tooke vpon him to fauour the Arrian heresye he called vnto him diuers Catholike Bishopps as S. Athanasius doth relate and setteth downe their names willing them to subscribe to that which he had appoynted for the bannishment of the said S. Athanasius and communion with the Arrians Quibus admirantibâ—â— c. Who marueling saith he at this commandement as a new thing and telling him that this was not according to the Ecclesiasticall Canons the Emperour replyed I will haue that held for Canon which I doe appoint either obey or goe into banishment wherat they more wondering and holding vp their hands to heauen did with libertie propose their reasons vnto him telling him that his Kingdome was not his but from God who had giuen it vnto him and that it was to be feared least he would take it againe from him and finally denounced vnto him the last daie of iudgement persuading him that he should not peruert the course of Ecclesiasticall affayres nor intermeddle his Roman Empire in dealing with Ecclesiasticall Constitutions c. So Athanasius of these good Bishops 7. And vnto the same Emperour a little after that great and famous Confessor Osius who among the rest had sitten as Iudge in the Nicene Councell vpon like occasion wrote this graue and important admonition Define quaeso memineriste mortalem esse resormida diem iudicij c. Leaue of I beseech thee ô Emperour and remember that thou art mortall feare the day of iudgement and keep they self pure from this kind of synne and doe not intermeddle with Ecclesiasticall causes Do not vse commandements to vs in this kinde but rather learne of vs God hath committed the Empire vnto thee but vnto vs the things that appertaine to his Church and as those that malignantly doe carpe at thy Empire doe contradict the ordinance of God so beware thou least by
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
which is the very decision of our Question For that by these phrases clauses is signified as in the Canon-law and particulerly throughout the sixt booke of Decretals may be sene is properly meant that the Church and Clergie is free from all iurisdiction of temporall Princes except only in Ciuill matters and that their goods and persons are exempted from Princes secular Courtes that they are immediatly vnder their Prelates and they againe vnder the Sea Apostolike vnto which may lawfully be made appeales when iust occasion is offered that no lay iudge may sitt in iudgement vpon them or giue sentence ouer them or lay hand vpon their persons or goods but referre them to their owne Ecclesiastical Emperours other such points as may be seen in the Canon-law in the places before cited And you haue heard before in the second Chapter of this booke how conforme all these things are to Gods law and how willingly they were embraced approued and allowed by the first Christian Emperour Constantine and his Successours and by all Christian Catholike Princes since that tyme throughout the world but especially and aboue others in comparison by our English Kings before the Conquest and after also as in their dew places shal be shewed 6. And so when the forenamed Kings Edgar Edward in their very first law doe sett downe and determine as Fox also confesseth that the Kings office is to keepe cherishe mainteyne and gouerne the Church within his Kingdome which worde gouerne I haue shewed before to be wrongfully put in out of his due place and to apperteyne only to the gouernement of the Common-wealth with all integrity liberty according to the constitution of all their Auncestors and predecessours and to defend the same against all enemyes c. they doe in all this but approue and second the Popes Canon-lawes decrees therof for the preheminence of the Clergie and therby they doe directly ouerthrowe M. Attorneys proposition so doe all the Kings in like manner after the Conquest who following this example doe euer in the beginning of their lawes renew and confirme this lawe of King Edward for the libertyes and priuiledges of the Church and Church men As first the Conquerour himself as afterwarde in the next Chapter more largely shall appeare when we come to speake of him in particular whose lawes are sett downe by Houaden and others and are as effectuall for the Church as could be deuised after him to omitt K. Iohn and others Henry the third who was the chief founder of our present later Common-lawes and author of the Great Charter His first law likewise is for the foresaid liberties of holy Church in these wordes VVe haue graunted to God and by this our present Charter haue confirmed for vs and our heyres for euermore that the Church of England shal be free and haue all her rights wholie and her liberties inuiolated c. 7. This Charter of K. Henry did Edward the first his sonne publishe and confirme after him as appeareth by his owne preface prefixed before the said Magna charta And Edward the second that ensued after him not only ratifyed the same but added other Statutes also called Articuli Cleri in fauour of the same Clergie And in K. Edward the third his tyme I finde the same Charter confirmed and ratifyed by diuers and seuerall Statutes as namely in the first second fourth fifth and fourtenth yeare of his raigne and the like in the first sixt seuenth eight nynth yeare of K. Richard the second and in the first second fourth seauenth nynth and thirtenth yeare of K. Henry the 4. and in the third and fourth of K. Henry the 5. and in the sixt of K. Henry the sixt c. 8. And herby now though we goe no lower may the indifferent Reader see how vayne M. Attorneys vaunt was and is that he would proue and demonstrate by the auncient lawes of our Realme that Q. Elizabeth had supreme iurisdiction Ecclesiasticall by vertue of her Crowne And yet hitherto hath he alleadged no one lawe at all within the compasse of nyne hundred yeares togeather but only certaine impertinent scraps and raggs nothing making to the purpose nor worthy the gathering vp as after when we come to examine them will appeare And we on the contrary syde haue so many so auncient and so authenticall lawes as you haue heard and afterwardes shall be more particulerly declared for proofe of the opposite proposition iâ— his that all spirituall iurisdiction was only in Ecclesiasticall persons both bâ—sore and after the Conquest vntill K. Henry the 8. his dayes And thus much of this first demonstration concerning lawes The second Demonstration 9. The second demonstration is deduced from an other consideration not inferiour to the former which is that when â— Ethelbert of Kent for example was sirst of all other Kings conuerted to Christian faith by S. Augustine the Monke sent from Pope Gregorie the first to that effect vpon the yeare of Christ 600. and that by this occasion a new Ecclesiasticall Common-wealth was to be instituted and erected within his dominion concerning matters depending of Religion farre different from that which passed in his Realme before when he was a Pagan as namely to omitt matters of doctrine and meere spirituall gouernment concerning marriages legitimation of children burying paying of tythes iurisdiction of Bishops and priests the like that might seeme in some sorte to be mixt and concerne also the Common-wealth to whome was the recourse made sor direction counsaile and ordinance in these affaires to K. Ethelbert think you or to S. Gregorie the Pope no man will say I think to K. Ethelbert for that he was yet but a nouice in Christian religion though as capable of spirituall iurisdiction by his Crowne as either Q. Elizabeth being a woman or K. Edward the sixt a child of nyne yeares old when he was proclaimed Head of the Church of England as well in spirituall as temporall affaires 10. But in our case vnder K. Ethelbert we reade both in S. Bede and S. Gregory himself that in all Ecclesiasticall matters recourse was made to the said S. Gregory as hauing supreme authority in these affayres and therfore the said King was no sooner conuerted S. Augustine made Archbishop but the said Archbishop according to his office sent two messengers to Rome Laurentius a priest and Petrus a Monke to aske counsaile and direction in diuers cases as namely about the distribution of oblations at the aultar diuersitye of customes obserued in diuers contreys in saying Masse about punishing of sacriledge in such as steale from Churches about degrees of kinred or propinquity to be obserued in marriages about ordination of Bishops how he should proceed with the Bishops of France and Britany about baptizing women with child and churching â—hem after their child-birth and the like 11. To all which questions S. Gregory answereth
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
said King and Bishops tooke vnto themselues wholesome counsaile choosing and ordeyning particular Bishops in euery prouince of the Geuisses or westsaxons And wheras the said prouince had but two Bishops in old time now they deuided the same into fiue and presently the Synod being ended the said Archbishop was sent to Rome with honourable presents Qui Papam saith our Authour cum magna humilitate placauit Decretum Regis recitauit quod Apostolico maximè placuit He did with great humilitie endeauour to pacify the said Pope Formosus reciting vnto him the decree that King Edward had made for better furnishing the Countrey with more Bishops for the time to come then euer had byn before which most of all pleased the Apostolicall Pope Wherfore the Archbishop retourning into England ordeyned in the Citty of Canterbury seaueu Bishops vpon one day appointing them seuen distinct Bishoprickes Atque hoc totum saith he Papa firmauit vt damnaretur in perpetuum qui hoc decretum infirmaret And the Pope Formosus did confirme this decree of this distinction of Bishops in England daÌ„ning him eternally which should goe about to infringe the same So Malmesbury and consider the authority here vsed 58. The same Pope also wrote a letter to the Bishopps of England by the said Archbishop Pleamond in these wordes To our brethren and children in Christ all the Bishopps of England Formosus We hauing heard of the wicked rytes of Idolatrous Pagans which haue begun to spring vp againe in your partes and that yow haue held your peace as dumme doggs not able to barke we had determined to strike you all with the sword of separation from the body of Christ and his Church but for so much as our deere brother Pleamond your Archbishop hath tolde me that at length you are awakened and haue begun to renew the seed of Gods word by preaching which was so honourably sowne from this Sea in times past in the land of England we haue drawne backe and stayed the deuouring sword and moreouer doe send you the benediction of almighty God and of S. Peter Prince of the Apostles praying for you that you may haue perseuerance in the good things which you haue well begune c. 59. Thus went that letter with a far longer exhortation â—â— that behalfe with order and instruction how to proceed to coâ—tinew good Bishopps among them which was that as soone â—â— knowledge came to the Metropolitan of any Bishop dead he should presently without delay cause another Canonically to be elected in his place and himself to consecrate the same And moreouer he determineth that the Bishop of Canterbury hath byn euer from ancient times held for chiefe Metropolitan of England otdeyened so by S. Gregory himself as in the Roman Registers was authenticall recorded and therefore he confirmeth the same threatning that what man soeuer shall goe about to infringe this decree shal be separated perpetually from the body of Christ and his Church So Malmesbury 60. And in this example we see many points expressing the sense of these ages as first the vigilancy of the Pope Formosus ouer England the affaires therof though far remote from him and altogether embroyled with warrs no lesse then ouer other Prouinces Kingdomes of the world which is conforme to that which S. Bede writeth of the like diligence of Pope Agatho aboue two hundred yeares before this of Formosus that is to say that he seing the heresie of Monethelites that held but one only will in Christ to spring vp and encrease in diuerse places of the world sent one expressly from Rome into England to learne what passed there Pope Agatho saith Bede being desirous to vnderstand as in other prouinces so also in Britany what was the state of the English Church and whether it preserued it self chaste and vnspotted from the contagions of heretickes sent into England for this purpose a most reuerend Abbot named Iohn who procuring a Synod of Bishops to be gathered togeather about that matter by Theodorus the Archbishop found that the Catholike faith in England was conserued in all points entire and inuiolated of which Synod he had an authenticall copie deliuered him by publicke testimony to be carryed to Rome Thus S. Bede touching the attention and diligence of Pope Agatho in our English Ecclesiasticall affaires 61. And it is to be noted that in the same Synod is sett downe that fower seuerall Kings concurred thervnto to giue therby satisfaction vnto the Pope to wit Egfryd King of the Northumberâ— Ethelred of the Mercians Adelnulphus of the Eastangles Lotharius of Kent which is conforme to that which the King Edward the first â—â— the former example did when presently vpon the threatning letters of Pope Formosus he called forthwith a Councell remedyed the fault that was committed sent the Archbishop Pleamond to Rome to giue satisfaction and promise of amendment for the time to come which is to be presumed that none of these Kings would haue done if they had thought themselues iniured by this intermedling of the Pope as an externall power and that themselues had authority Ecclesiasticall deriued from their crownes to dispose order these things without any reference to the Sea Apostolike And so much for this argument and demonstration which openeth a window to see many things more which by me of purpose are pretermitted for that I couet not to be ouerlong The sixt Demonstration 62. The sixt Argument may be deduced from an vniuersall contemplation of all the Kings Archbishops and Bishops that haue liued and raigned togeather in all this tyme in England and the seuerall Prouinces and Kingdomes therof before the Conquest the Kings being in number aboue an hundred that were Christened as often before hath byn mentioned the Archbishops of Canterbury the spirituall heads of the English Church 32. from S. Augustine vnto Stigano and other Bishops of far greater number laying before our eyes what manner of men all these were what faith they beleeued and practised what vnion and subordination they had in spirituall and temporall iurisdiction amongst them selues both at home and abroad with the Sea Apostolike which in great part hath byn declared by the precedent arguments and demonstrations All which being layd togeather we may inferre that for so much as lawes are nothing else but ordinaunces and agreemenrs of the Prince and people to the publicke good of euery Kingdome State and Countrey we may inferre I say that according as we find the faith and religion of our Princes Bishops and people to haue byn in those dayes so were also their lawes For out of their religion they made their lawes and consequently it must needes follow that they being all perfectly Catholike according to the Roman vse as by all the former arguments you haue seene that they made no lawes concerning Ecclesiasticall matters nor admitted â—onceaued any from their ancestours nor could not doe they being also
Catholike that were repugnant or contrary to the Canonicall lawes of the vniuersall Church and Sea of Rome in those ages wherof againe ensueth that M. Attorney that telleth vs so often of the ancient and most ancient CoÌ„mon-lawes of England cannot presume to haue any law for him and his assertion within this compasse of 466. yeres before the Conquest for that those that should make or leaue vnto vs these lawes were all of a contrary iudgement and religion vnto him in the very point which he treateth of spiritual Iurisdiction As for example 63. There raigned in Kent in the first age of our primitiue Church successiuely these Kings to witt Ethelbert Eadbald Ircombert Egbert Lotharius Edrycus and VVithredus and their Archbishops of Canterbury by whome they gouerned themselues in spirituall matters were Augustine Laurence Mellitus Iustus Homrius Deusdedit Theodorus and Britwaldus And in London Mellitus Ceddus VVyna Erkenwald VValdherus and Ingualdus And in the sea of Rochester Iustus Romanus Paulinus Thamarus Damianus Putta Qâ—â—chelmus Germundus and Tobias All these kings with all these Bishops were of one and the self same religion and of one iudgement and sense in Ecclesiasticall matters and so were all the rest of the Christian Kings togeather with their Bishopps in other Kingdomes of the land And the like I might shew throughout all the other foure ages that ensue after this first before the Conquest And how then is it possible that these Princes with these Bishops and Counsaylours and with their people conforme to them in the same religion should make or admit lawes contrary to the common sense of the Catholike vniuersall Church in those daies concerning Ecclesiasticall Iurisdiction And this is a demonstration which morally conuinceth and cannot by any reasonable man be denyed Whervnto I may adioyne that if they had made any such law coÌ„trary to the common sense of the generall Church in Church-matters they would haue byn noted and reprehended for it or at leastwise some memory would haue byn left therof by historiographers tradition register or some other monument which is not found nor euer will be And this shal be sufficient for this demonstration wherby occasion is giuen to the ingenious reader to prosecute the same and discourse further of himself and to consider how metaphysicall an imagination that of M. Attorney is of auncient lawes made in the ayre and no where extant contrary to the sense and iudgement both of Prince and people in those tymes The seuenth Demonstration 64. An other Demonstration not much vnlike vnto this may be taken from the view of externall Kingdomes in this tyme before our English Conquest to wit what they taught what they beleeued and what they practized in this point concerning Ecclesiasticall Iurisdiction whether they deriued it or acknowledged the same in or from their temporall Kings or from their Bishops and Sea Apostolike of Rome For if they did the later then is it most certaine that all the Kings Kingdomes and people of England did the like for that otherwise they should haue byn noted and taxed as hath byn said for some discrepance diuision disagreement sedition schisme or singularity in this behalfe which is not read of Nor can M. Attorney or any Attorney else whomesoeuer he can take vnto him for his helpe in this matter euer shew me any one word of auncient testimony for proofe therof and thervpon may we confidently conclude that there was neuer any such thing 65. But now what was the doctrine vse and practise of all the rest of Christendome besides concerning Ecclesiasticall Iurisdiction deriued from the Sea Apostolike of Rome as the head fountaine therof throughout all this tyme wherof we speake before our Conquest it shall be inough to cast our eyes only vpon the vniuersality of all writers in those dayes whose volumes are full of narrations apperteyning to this effect as namely of Bishops made throughout all Kingdomes by ordinaunce and authority of the Bishop of Rome Of Churches Abbyes Monasteryes Hospitalls confirmed and priuiledged by the said authority Of Kings and Emperours also annoynted by them and their authority for the spirituall temporall good of Christendome And in this very tyme wherof we talke happened the mutation of the Kingdome of France from Chilpericus to Pipinus and Charles his sonne and of the Roman Empire from the Grecians vnto the said Charles of the said Empire from the French to the Germanes by the authority of the Pope of Rome and infinite other publike testimonyes of supreme spirituall iurisdiction exercised 〈◊〉 where by that Sea with the approbation of all the worlde And no one example can be alleadged of any such power or iurisdiction pretended or exercised by any Prince temporall whatsoeuer throughout all the Christian world in this tyme by vs prescribed 66. And for so much as by this argument we presume that our English Kings and Princes ran vnitedly in all points of religion with others abroade for that they were neuer noted of any difference or opposition as hath byn said it followeth by good deduction and inference that no such Common-law as M. Attorney imagineth could haue place among them deriuing spirituall and Ecclesiastical iurisdiction from the right of Princes temporall Crownes and excluding that of the Sea Apostolike For in case that any such law had byn made it would haue byn extant either by writing or tradition and if it had byn Common as often here it is called it would haue byn knowne by some one at least besides M. Attorney for that community importeth participation with many how then could there be any such Common-lawes in those dayes which no man knew no man recorded no man euer thought or dreamed of as by all circumstances of those tymes and men and state of things may be presumed And if any such thing had byn deuised in those dayes it must needs haue byn reiected and impugned as singular schismaticall or hereticall for that it would haue byn contrary and contradictory to the common sense iudgement whole current of that time And let this suffice for this consideration The eight Demonstration 67. The eight Demonstration in this matter may be the extraordinary deuotion of our auncient Kings before the Conquest towardes the Sea of Rome in making their Kingdomes tributary thervnto euen in temporall things also which is a signe that they meant not to deny vnto that Sea her spirituall iurisdiction which from the beginning had byn exercised by the same in our countrey seeing voluntarily likewise they gaue her teÌ„porall iurisdiction in gathering and axacting this tribute of euery house throughout the Realme which beginning from K. Inas as all our Authors doe agree aboue 900. yeres gone hath byn continued euer since vnder the name of Peter-pence for that they were first giuen to S. Peter and to his Successours the Bishops of Rome vntill the later part of K. Henry the eight his raigne euen in the
tyme of the Danes as before I noted King Canutus the Dane as Ingulphus testifyeth which liued presently after him was so carefull to haue this duly payed with other dutyes belonging to the Church as being in his iourney towardes Rome he wrote backe to his Bishops and other officers in these words Nunc igitur obtestor c. Now then I doe beseech all you my Bishops other officers and all gouernours of the Kingdome by the faith which you doe owe vnto God me that you will so prouide that before my arriuall at Rome all debts be payed which according to auncient lawes are due That is to say the accustomed almes for euery plough the tythes of beastes borne euery yeare the Pence which you owe to S. Peter at Rome whether they be due out of the cittyes or the Countrey that by the middest of August you pay the tythes of your corne that at the feast of S. Martine you pay the first frutes of your seed to the Church and parish in which euery man liueth which payment is called Kâ—ke-seet And if these things be not performed by you before I retourne assure your selues that my Kingly authority shall punish ech man according to the lawes most seuerely without pardoning any Fare you well Vpon the yere of Christ 1032. So he And marke good Reader that he saith he will punish according to the lawes yea and in his former words that there are auncient lawes for these Dutyes to Rome which M. Attorney cannot bring for his assertion against the Pope so as in auncient common lawes we are now before him But let vs goe forward end this Demonstration 73. About thirty yeres after this againe King Edward the Confessor wrote to Pope Nicolas the second in these wordes Ego quâ— que pro modulo meo augeo c confirmo c. I also for some small gifte of myne doe encrease and confirme the donations of paying such money as S. Peter hath in England and doe send vnto you at this time the said money collected togeather with some Princely gyfts of our owne to the end that you may pray for me and for the peace of my Kingdome and that you doe institute some continuall and solemne memory before the bodyes of the Blessed Apostles for all the English-nation c. So good S. Edward 74. And when not long after him King VVilliam of Normandy obteyned the crowne he forgott not this law among the rest as afterward when we come to talke of him and his raigne in particuler we shall more at large declare For his tenth law in order hath this title De denario Sancti Petri qui Anglicè dicitur Rome-scotâ— of the Penny of S. Peter called Rome-scot in the English tongue And then he beginneth his law thus Omnis qui habuerit triginta denaâ—â— vinae pecuniae in domo sua de proprio suo Anglorum lege dabit denarium Sancti Petri lege DanoruÌ„ dimidiam marcam c. Euery man that shal hâ—uâ— the worth of thirty-pence of liuely money of his owne in his house shall by the law of English-men pay the penny of S. 〈◊〉 and by the law of the Danes shall pay halfe a marke And this penny of S. Peter shall be summoned or called for vpon the solemnity and feast of S. Peter and Paul and gathered vpon the feast of the Chaines os S. Peter so as it shall not be deteyned beyond that day c. thus the Conquerour in confirmation of that which other English Kings had done before him appointing also in the same place that his Iustice should punish them that refused to pay the said money or paid it not at the due day appointed 75. And to conclude this matter this tribute was continually paid from the first institution therof not only before the Conquest as now you haue heard but afterwards also by all the Norman Kings their Successours vnto King Henry the 8. as out of Polidor we haue seene And the same King Henry himself duely paid the same in like manner for more then twenty yeres togeather vntill he brake from the Pope and Sea of Rome vpon the causes which all men know Wherevpon this our Demonstration inferreth that all this while it is not likely they paying so willingly and deuourly this temporall tribute vnto the Popes of Rome that they denyed his spirituall iurisdiction or held him in that iealosie of competency for vsurping therby vpon their Crownes as now we doe And lastly that the supreme spirituall authority of Queene Elizabeth without any Act of Parlament was warrantable by these Kings lawes which is the mayne paradoxicall conclusion of M. Attorneys whole discourse against which we haue yet a Demonstration or two more so an end The nynth Demonstration 76. The nynth Demonstration then about this matter shall be the consideration of our English Kings their singular and extraordinary deuotion before the Conquest to the Sea of Rome which was such as diuers of them left their Crownes and Kingdomes after many yeres that they had raigned and ruled most gloriously at home and went to liue and dye in that citty some in religions habit and profession of Monasticall life as Kenredus King of the Mercians and Offa King of the East angles some in secular weed but of most religious deuout and exemplar conuersation as Inas and Ceadwalla Kings of the VVest-saxons some others went thither of deuotion with intention to retourne againe as the other great Offa King of the Mercians Adelnulph alfred and Canutus Monarches of all England and lastly good King Edward the Confessor had determined vowed a iourney thither in pilgrimage but that his Kingdome greatly repyninge therat in respect of the daungerous tymes two Popes â—â— and Nicolas decreed that he should not come as before we haue touched but rather bestow the charges of that voyage vpon some other good worke namely the encrease of the Monastery of VVestminster 77. And here I might enlarge my self much in the declaration of these particulers which we haue named and of many others that we haue omitted in this kind I meane of English Kings that leauing their temporall Crownes haue submitted themselues to the sweet yoke of Christ in religious life Iohn Fox in his Actes and Monuments doth recount nyne crowned Kings that became Monkes within the first two hundred yeres after Englands conuersion to Christian faith though all of them went not to Rome and some eighteene or twenty Queenes or daughters to Kings or Queenes that tooke the same course contemning whatsoeuer pleasures or preferments the world could giue them But of such Kings as went to Rome and made themselues religious there the foresaid Kenredus of the Mercians and Offa of the Eastangles were the most famous who agreeing togeather vpon the yere 708. as Florentins after S. Bede doth recount the history lest both their Kingdomes wiues children honours goods and the
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
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
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
benefices Per annuium baculum that is by giuing them a ring a staffe which are the ordinarie signes and markes of taking possession of their iurisdiction which though the said Princes doe acknowledge to bee a spirituall Act and consequently not possible to descend from the right of their temporall Crowne as M. Attorney would haue it yet desired they to inioy it by Commission from the Sea Apostolicke in respect of their greater authoritie amonge their Subiects and for more breuitie of prouiding and establishing incumbentes when benefices of cure fell voide and for other such reasons wherof we may read in the liues of diuers of our Kings And namelie of King Henrie the first this Conquerour his sonne what earnest suite he made to haue these inuestitures graunted him which the Pope did flattly deny to doe yea and the greatest causes of that wonderfull breach between the Popes Alexander the 2. and Gregorie the 7. and others of that age with the Emperour Henrie and his Successours were by the occasion of these inuestitures which the said Popes would not graunt Albeit I find some ages after that the great and famous Lawyer Baldus aboue two hundred years gone recordeth that in his tyme two Kings only had these priuiledges graunted them from the Sea Apostolicke The King of England to wit and the King of Hungary which perhaps was in regard that their Kingdomes lay so far of as it might be preiudiciall to their Churches to expect allwayes the said Inuestitures from Rome But yet he expresly saith that it was by Commission and delegation of the Pope Papa saith he committit spiritualia etiam mero laico ideo Rex Anglorum rex Hungaria conferunt in suis Reguis Praebendas ex priuilegio Papa The pope may commit spirituall things to a meere lay-man and this he proueth by diuers texts of law and hence it is that the King of England and King of Hungary doe in their Kingdomes giue Prebends by priuiledge of the Pope Wherby we vnderstand that in Baldus his time it was held for a pecular priuiledge of these two Kings which fithence hath byn communicated to diuers other Christian Princes who doe vse and exercise the same at this day but yet none pretending it as from the right of their Crownes For they neuer pretended to giue benefice or Bishopricke by their owne Kingly authority but only to present and commend fit persons vnto the Sea Apostolicke to be admitted and inuested therby as all other Catholicke Princes at this day doe vse yea and that this right of presentation also they tooke not but by concession and approbation also of the foresaid Sea Apostolicke as by the former examples may appeere 35. And this is so much as I thinke coÌ„uenient to saie in this place to M. Attorneys silly instance and I haue been the longer theraout for that this K. VVilliam is the head and roote of al the Kings following and this which hath been answered to this obiection will giue much light to all other instances that are to ensue And if anie King should haue taken anie other course from this established by the Conquerour their head and origen which yet none euer in any substantiall point did vntill King Henry the 8. you may see by all this discourse that the Conquerour might say of them as S. Iohn said of some of his Ex nobis prodierunt sed non erant exnobis And so much of the Conquerour OF KING WILLIAM RVFVS AND HENRY THE FIRST That vvere the Conquerours sonnes and of King Stephen his Nephevv And how they agreed with the said Conquerour in our Question of spirituall iurisdiction acknowledged by them to be in others and not in themselues CHAP. VIII THis beginning being established in the Conquerour coÌ„forme to that which was in the precedent Kings before the Conquest their remaineth now that wee make our descent by shewing the like conformitie in all subsequent Kings vnto K. Henry the 8. according to our former promise Wherfore first in ranke there commeth K. VVilliam Rufus second sonne of the Conquerour among those of his children that liued at his death who being named to the succession by his said father vpon his death-bed so charged forewarned as you haue heard in this verie point of honoring the Church and Ecclesiasticall power and vnder that hope and expectation embraced and crowned by the good Archbishop Lanfranke 〈◊〉 king first his solemne Oath to the same effect which his father had taken before him in the day of his Coronation he gaue gâ—â—â— satisfaction contentment to all his people at the beginning of his raigne as all our historiographers doe testifie that is to say so long as Archbishop Lanfranke liued to whom he bare singular respect loue and reuerence but the said Archbishop deceasing in the second yeare of his raigne which was about the 20. of his age the young man as thinking himself free from all respect to God or man brake into those extreame disorders of life which our historyes doe recount 2. And among others or rather aboue others in oppressing the Church holding Bishopricks Abbies in his hands as they fell void and not bestowing them afterward but for bribes and Simony And namely the Archbishopricke of Canterbury he held foure years in his hand after the death of Lanfranke vntil at length falling greiuously sicke in the Citty of Glocester and fearing to dy made many promises of amending his life as namely saith Florentius Ecclesias non amplius vendere nec ad censum ponere sed illas Regia tueri potestate irrectas leges destruere rectas statuere Deo promisit He promised to God not to sell Churches any more nor to put them out to farme but by his kingly power to defend them and to take away all vniust laws and to establish such as were rightfull And heervpon presently to begin withall he nominated to the Archbishopricke of Canterbury a great and worthy learned man named Anselmus Abbot of the monastery of Becke in Normandy who was then present in England for that some moneth or two before he bad byn intreated by the Earle of Chester Syr Hugh Lupus to come into England to found and order his Abbey saith Stow of S. VVerberge at Chester of whom Malmesbury liuing presently after him saith Quo nemo vnquam iusti tenâ—cior c. then which Anselmne no man was euer more constant in righteousnes no man in this age more exactly learned no man so profoundly spirituall as this Archbishop that was the father of our countrey and mirrour of the world 3. But this vnfortunate King was no sooner recouered say the same Authours but he repented himself sorely that he had not solde the said Archbishopricke with other for more money and therevpon tooke an occasion to picke a quarrell against the said Anselmus and among other things to let him that he could not doe his
nothing to the point wherevnto M. Attorney should haue brought it he remaineth destitute of any instance out of this Kings raigne as well as out of his Predecessour Successour of which Successour we haue now also to say a word or two to end this Chapter withall OF THE RAIGNE OF KING STEPHEN The fourth King after the Conquest §. II. 25. After K. Henry raigned K. Stephen his Nephew that is to say the sonne of his sister eighteene years somewhat more wherin the misery and vncertainty of humaine designements is seene that K. Henry the first who had laboured so much to establish after him his owne succession in England by his sonnes the like in the Empire by marriage of his daughter Maude to Henry the 5. Emperour as you haue heard and to this effect was induced to cut of so many noble men and houses both in England and Normandy and to pull out his owne brothers eyes for more assurance therof holding him almost thirty years in perpetuall prison vntill his death hauing heaped togeather infinite riches and treasures saith Malmesbury to wit aboue a hundred thousand pounds in ready-money besides plate and Iewels to establish these his designements c. that now notwithstanding all was dashed vpon the suddaine his male children being drowned vpon sea and his daughter returning without issue from Germany 〈◊〉 dispossessed in like manner of her inheritance to England by 〈◊〉 neerest kinsman Stephen that first of all other had sworne â—â—mage vnto her in her Fathers dayes 26. This man then hauing gotten the possession of the Crowne albeit he had infinite troubles therewith and the Realme much more by this means and by his instability of nature who was wont saith Malmesbury to begin many things goe through with few to promise much and perfourme little yet held he out for more then 18. years togeather as I haue said And in all this time though he had little leasure to attend peculiarly to Ecclesiasticall matters and lesse will oftentymes being wholy intangled in matters of warre yet his whole course and race of life sheweth euidently that in this point either of beleife or practice concerning Ecclesiasticall power he did not differ or dissent from his auncestors or from other Christian Catholike Princes that liued round about him in those dayes Nay he was held for so religious in this behalfe before he was King as the opinion therof did greatly further him to gaine the Kingdome For that saith Malmesbury Henry Bishop of VVinchester which now was Legate of the Sea Apostolicke in England that principally was the cause of his preferment to the Crowne was induced therevnto by most certaine hope that Stephen would follow the manners of his grand-father the Conquerour in gouerning the Crowne but especially in preseruing the discipline of Ecclesiasticall vigour and vpon this hope did the said Bishop interpose himself as mediatour and pledge for Stephen with VVilliam Archbishop of Canterbury and the rest of the Bishops and nobility exacting of him a strict oath De libertare reddenda Ecclesia conseruanda For restoring and conseruing the liberty of the Church which VVilliam Rufus by his loose gouernment had much infringed 27. The same Malmesbury also that liued with him setteth downe the mutuall oathes both of him and his nobility the one to the other surauerunt Episcopi fidelitatem Regi saith he quamdiu ille libertatem Ecclesiae vigorem disciplina conseruaret The Bishops did swâ—â—â— homage and fidelity to the King as long as he maintained the liberty of the Church and vigour of discipline therin But the Kings oath was large concerning his election admission crowinge by the Archbishop of Canterbury as Legat Apostolicall that he was particularly confirmed by Pope Innocentius c. And then it followeth Ego Stephanus c. respectu amore Dei Sanctam Ecclesiam liberam esse c. I King Stephen doe graunt and confirme for the respect and loue I beare to allmighty God to maintaine the freedome of his Church doe promise that I will neither doe nor permit any symmoniacall act of selling or buying benefices within the same I doe testifie also and confirme that the persons and goods of all Clergy-men be in the hands power and iustice of their Bishops c. And I doe confirme by these presents and their dignityes priuiledges and auncient customes to be inuiolably obserued c. 28. This oatâ— made he at his first entrance as Rufus others had done before him wherby they testified not only their iudgment but also their obligation though afterward in obseruance therof many times they failed vpon particular interest or passion mouing them to the contrary For so writeth Malmesbury also of this King Penè omnia ita perperà m mutauit posteà quasi ad hoc tantum iurassâ—t vt preuaricatorem Sacramenti se Regno toti ostenderet He did afterward in his life so peruersly breake all that he had sworne as though his swearing had byn only to this effect to shew himself an Oath-breaker to the whole Kingdome But yet presently after he excuseth him againe Sed haec omnia non tam illi quam Confiliarijs eius ascribendae putâ— But I doe thinke all these things to be ascribed rather to euill Counsellours then to himself 29. One notable case fell out vpon the 4. yeare of his raigne to wit in the yeare of our Lord 1139. when holding his Courte in the Citty of Oxford and expecting dayly the comming out of Normandy of Robert Earle of Glocester in fauour of Maude the Empresse I meane that famous Robert base sonne of K. Henry the first most excellent in wisedome and feats of Armes and a great fauourer of learned men to whome both Malmesbury and Geffrey of Monmouth dedicated their books the King being persuaded I say by certaine il Counselours and souldiars about him to lay hands vpon the goods and Castles of two rich and potent Bishops the one Roger of Salisbury that had byn Chaplaine to King Henry and the other Alexander of Lincolne his nephew and the Kings Chauncelour he followed at length their counsaile and caused both Bishops to be apprehended and forced to deliuer vp the keyes of their Castles and treasures therein pretending feare and doubt least they would otherwise hape kept the same for the said Earle of Glocester and Maude the Empresse◠〈◊〉 30. And albeit these two Bishops power greatnes had 〈◊〉 much misliked also by the Cleargie it self yet seeing saith Malmesbury this violence to be vsed against the Canons they admonished the King therof by diuers waies especially by his brother Bishop of VVinchester now also Legate of the Sea Apostolicke a likewise by Theobald Archbishop of Canterbury that had succeeded William who went so far and were so earnest in this matter saith Malmesbury then liuing vt suppliciter pedibus Regis in cubiculâ— effusi orauerunt vt misereretur Ecclesiae
misereretur anima fama sâ—â—ne pateretur fieri dissidium inter Regnum sacerdotium They falling downe at the Kings feet in his chamber besought him most humbly that he would haue pittie of the Church mercie of his owne soule and good name and that hee would not suffer diuision and sedition to bee made between the Kingdome and Preisthood Wherat saith he the King rising respectiuelie from his seate albeit hee excused his fact by laying the entâ—â— therof vpon others yet being preuented by euill counsaile hee neuer perfourmed in substance the good promises that hear vpon he made 31. Wherefore it seemed best to the said Legate and Archbishop to call a Synod at VVinchester and to cite the King there vnto vnder paine of Censures to appeer therin and to giue the reason of this his violent fact against the foresaid two Bishops for so much as if they had offended Non esse Regis sed Canonum inâ—â—cium affirmabant They affirmed the iudgment of this did not appertaine to the King but to the Canons of the Church 32. This Ecclesiasticall Councell then being called togeather vpon the first of September Non abnuente Rege not altogeather against the Kings will saith Malmesbury who was present in the said Citty of Oxford he sent two Earles for his proctors with an excellent learned aduocate or Attorney called Albericus de Vâ—â—â— who excusing the Kings fact shewing many reasons of Sâ—â—â—â— which forced him to assure himself of those stronge Castell sand holds in so suspitions a time as this was as also to retaine their wealth therin found for that one of them being Chauncellour had many money-reckonings to make to the King concluâ—â—â— in the end that the King presumed to haue done nothing against the Canons of the Church true meaning therof in such a 〈◊〉 for that the self same Canons did forbid Bishops to buyld such stronge Castells And in this later point Hugh Archbishop of Rome being newly come to this Councell did take the Kings parte affirming that in so suspitious a tyme the King might without breach of Church-canons demaund the keyes of any Bishops Castle within his Realme But the legate Archbishop of Canterbury were of opinion that first the violence of the fact should be remedied and then the matter tried according to the said Canons which the King refusing to doe the two Bishops interessed appealed to Rome whervnto the King answered by his Attorney Albericus in these words For as much as some of the Bishops had vsed threats and were preparing to send some to Rome against the King in this said he the King doth commend them for their appealinge but yet he would haue them know that if any went against his will and against the honour of the Realme his returne home should be harder then perhaps he imagined Nay moreouer the King shewing himself greiued in this cause did of his owne free-will and motion appeale for himself to Rome Which when the King partly praising their appeale partely threatning as you se had vttered all men vnderstood whitherto it tended to wit that they should not carry the matter to Rome at all but end it at home 33. This was the euent of that Councell which I haue related somewhat more largely out of the writing of an eye-witnes for that it expresseth manifestly what was then held and practised for truth in our controuersie For that K. Stephen and his learned Councell and Attorney did not stand vpon denyinge the Popes Ecclesiasticall authority as our Attorney doth now nor yet of the Bishops of his Realme in Ecclesiasticall matters but is content to vnder-goe the same defending only the reason and lawfullnes of his said fact nor did he pretend by reason of Kingly Crowne to haue this iurisdiction but allowed as you haue heard both their appeale to Rome and appealed also himself And surely if our Attorney and that Attorney should haue disputed about the plea that was to be held therin they would greatly haue differed yet was that Attorney in Causaruns varietate exercitatus saith Malmesbury much exercised in all variety of causes but his iudgemeÌ„t learninge beleife was different from that of ours though he were foure hundred years elder And so to returne to our Story againe this was the successe of these affaires and conforme to this was all the rest of his life and raigne as for example when Innocentius the Pope did call to Rome 〈◊〉 Archbishop of Canterbury Simon Bishop of VVorcester Roger Bishop of Couentry Robert Bishop of Excester Reynold Abbot of Euishant â—o sit and haue their voices in a Generall Councell saith Florentinâ— the King presently obeyed and sent them thither The same Stephen also made suite and obtained of Pope Lucius the 2. saith VValsingham that the Sea of VVinchester should be an Archbishopricke and haue seauen Bishopricks vnder it which had byn effectuated if the same Pope had liued But the ensuing Popes not liking therof it tooke no place though the said King desired it much and would no doubt haue done it by himself if he had thought his owne spirituall authority to haue byn sufficient for that matter 34. Another case also fell out of great moment between Pope Eugenius the 3. that ensued Lucius and K. Stephen which was about VVilliam Archbishop of Yorke called afterward S. VVilliam who being Nephew vnto the said King that is borne of his sister Lady Emma and by his procurement made Chanon Treasurer of the Church of Yorke was after the death of Archbishop Thurstan chosen by tha maior parte of the Chanons to be Archbishop of the said Sea who sending the certificate and authenticall writings of his election vnto Rome to be confirmed first by Pope Celestinus and after by Pope Eugenius then newly chosen he was first called to Rome sore against K. Stephens will and being there was charged as both Nubergensis that liued at that tyme and others doe largely declare that his election was not Canonicall And so after much pleading of the matter wherin are extant also diuers earnest and vehement Epistles of S. Bernard to Pope Celestinus after to Pope Eugenius against the said election the conclusion was that VVilliam the Kings nephew insteed of receiuing his approbation and Pall for his installment was depriued and sent backe into England againe without any benefice at all where he liued for the space of seauen years with his other vncle Henry Bishop of VVinchester in great perfection and austerity of life vntill the said Bishopricke being void againe he was chosen the second tyme and going to Rome was confirmed by Pope Anastasius that ensued Eugenius 35. But now for the first time notwithstanding all that King Stephen could doe or intreat for him he was depriued as hath byn said and one Henry Murdat a learned man Abbot of a monastery of S. Bernards Order in VVells who also had byn schollar in the
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
on his knees before the said Altar where weâ—â— laid open the holy ghospells aud the reliques of many Saints according to the custome and there he sware that all the dayes of his life he would maintaine peace honour reuerence to the holy Church and all those that were ordained by the same He sware also to maintaine good iustice and equitie to the people to take away euill lawes and customes and to make good c. So Houeden 26. And not many monethes after this being called vpon and intreated by Pope Clement the 3. to make hast in his preparations for succouring of Ierusalem which was now taken and held by Saladinus the great Prince of the Saracens the said Pope sent soone after a speciall Legat into England named Cardinall Iohn Anagnanus as well to hasten that iourney and the iourney of K. Philip of France that was to goe in his compaine as also to end certaine controuersies betweene Baldwin Archbishop of Canterbury that was to goe with the King in his vioage and Geffrey the Kings base brother nominated Archbishop of Yorke commended by the King but not yet admitted hitherto by the Sea Apostolike and other Bishops and principall persons And when they were all met at Canterbury togeather the King taking order and disposing many things for the quiet and safty of his Kingdomes in his absence which are set downe at large by the said Houeden Nubergensis Mathew Paris and other authors he thence began his iourney in the moneth of December and first yeare of his raigne 27. But before this as hath byn said he did dispose of many things as namely the setting at liberty of his mother Q. Eleanor that had byn longe in prison in his Fathers dayes restoring her to all former honours and far greater then euer she had before assigning to her the dowries both of Q. Maude wife of K. Henry the first and of Alyce wife of K. Stephen and of the other Maude the Empresse mother of K. Henry the second And to his brother Iohn Earle of Morton besides all other States and Titles he had before he gaue foure Earl-domes more to gaine him withall and hold him content to wit of Cornwall Deuonshyre Dorcet and Somerset but yet left to none of them the gouernment of his Realme but to two Bishops to wit Hugh Bishop of Durham for the North-partes and to VVilliam Bishop of Ely for the whole body of the Realme making him his Chauncellour and supreme Iudge and praying Pope Clement for his more authority to make him also his Legat à latere and to take into his protection the whole Realme and so he did whereby appeareth what opinion K. Richard had of the Sea Apostolikes authority in his dayes 28. But the same appeareth yet more by the many appellations that were made in the Kings owne presence at the forsaid meeting at Canterbury vnto the Pope himself For first Baldwin Archbishop of Canterbury who as I say was to goe with K. Richard in his said iourney of Ierusalem appealed against the foresaid Geffrey the Kings brother nominated by the King to the Archbishoprick of Yorke Appellauit ad Dominum Papam saith Houeden coram Rege vniuersis Episcopis Clero He appealed to the Pope in presence of the King and all the Bishops and Clergy One Hammon also Chaunter of the same Church of Yorke receiuing letters from K. Richard to install one Buchard in the dignity of Treasurer of the said Church according as he was elected Noluit mandatis Regis obedire saith Houeden sed super hoc ad Sedem Apostolicam appellauit He would not obey the Kings commaundement in this point but appealed in the controuersie to the Sea Apostolike which King Richard did no wayes let or deny And againe in the same place the King hauing giuen the Deanry of Yorke to one Henry brother to the Lord Marshall of England commended the man for his installing to the Archbishop of Yorke but he refusing said that he could not doe it Donec electio eius confirmata esset à Summo Pontifice vntill his election were confirmed by the Bishop of Rome Which answere the King tooke in good part and therby well declared what his opinion was of his owne Ecclesiasticall authority as also of the Popes 29. Moreouer saith the same Author Richardus Rex Angliae missis nuncijs suis ad Clementem Papam obtinuit ab eo literas Patentes c. This Richard King of England sending his messengers to Pope Clement obtained letters Patents of him that whosoeuer he should send vnto any townes lands or lordships of his to keep and defend the same in his absence should be free from all oath vow or other obligation of going the voiage to Ierusalem Vnde ipse sibi inastimabilem acquisiuit pecuniam Wherby he procured to himself an inestimable summe of money 30. And this before the Kings departure from England but being entred into the iourney and arriued in the Kingdome of Sicilie he there marryed his new wife Berengaria daughter to the King of Nauarre conducted thither by sea by Q. Eleanor his mother who after foure daies stay only in the porte of Messina was 〈◊〉 by her sonne to returne to England by land taking Rome in heâ— way to the end she might in his name intreat the Pope to admit for Archbishop of Yorke his foresaid brother Geffrey whome he had presented and nominated Per illam mandauit Rex Angliae Summâ— Pontisici saith Houeden humiliter postulauit vt ipse electionem prodicti Gaufredi confirmaret King Richard of England did send by his said mother to the Pope and humbly besought him that he would confirme the election of the foresaid Geffrey to be Archbishop of Yorke Which labour of going to Rome it is like that he would neuer haue put his mother vnto nor yet haue vsed so much humility of intreatinge the Pope if he had thought his owne Ecclesiasticall authority to haue byn sufficient as well for inuesting him as for his nomination and presentation 31. And moreouer when the said King had ended a certaine controuersie in the same porte Citty of Messina with Tancredra King of that Iland he gaue account of all by a large letter vnto the said Pope Clement as to his deerest Father Beatissimo Patri Clements Dei gratia Sanctae sedis Apostolica Summo Pontifici Richardus eadem gratia Rex Angliae sincerae in Domino deuotionis affectum And then presently he beginneth his epistle thus Iustiorem exitum facta Principum sortiuntur cum à Sede Apostolica robur fauorem accipiunt Sancta Romanae Ecclesiae colloquio diriguntur c. The acts of Princes doe come to best end when they receiue strength and fauour from the Sea Apostolicke and are directed by the conference or communication of the Church of Rome And therefore we haue thought it conuenient to let your Holines vnderstand
temporall sword of Constantine the Emperour and the Sea Apostolicke is more potent then any Imperiall power or authority And I would aske whether your power be of God or froÌ„ men Did not the God of Gods speakâ— to you in Peter the Apostle sayinge VVhatsoeuer you shall bynd vpon earth shall be bound in heauen and whatsoeuer you shall loose vpon earth shall be loosed in heauen And why then doe you so negligently yea cruelly delay for so longe time to loose my sonne or rather why dare you not to doe it Perhaps you will say that this power giuen you by God of binding and loosing is for soules and not for bodies Let it be so Truely it is sufficient for vs if you would bind the soules of those that hold my sonnes body bound in prison And finally I know that it lyeth in your power to loose my sonne if the feare of God may euacuate in you the feare of man 42. Thus wrote this afflicted Queene vnto Celestinus the Pope and the same wrote diuers other great personages at the same tyme as may be seen in the said Petrus Blesensis and among others the foresaid Gualterus Archbishop of Roane and Gouernour of England a man of great authority learning and wisedome who after many reasons concludeth his Epistle thus Exerat ergo beati Petri gladium manus vestra Clementissime Pater quid quantum tanto filis debeatis exhibeatis in opere vt experientia mediante addiscant minores inferiores filij quantum à â—obis auxilium in suis necessitatibus debeant expectare Let your hand then most Clement Father draw forth the sword of Peter and doe you shew by workes how much you owe vnto so greate a child as is K. Richard so as by experiencâ— your lesser and lower children may learne how much help they may expect from you in their necessityes So he 43. And by this may appeare what opinion men had in those dayes of the Popes authority and let the Reader heer marke as also M. Attorney how vsuall a phrase it was at that tyme to name two distinct swords the one of Constantine the other of Peter thâ— one temporall ouer bodies the other spirituall ouer soules and thâ—â— the later was the greater and higher Which was the speach also and phrase of King Edgar before the Conquest and of the Conquerour himself in his lawes if you remember is now heer vsed againe and so was euer after vntill King Henry the 8. as by this our deduction will appeare And only this phrase of speach and common beleife of all our Kings and Countrey from time to time that there were two distinct swords or powers one temporall in the Prince and the other spirituall in the Pope is sufficient to ouerthrow M. Attorneys whole Booke though nothing els were said to it besides the purporte therof being as hath byn seen to proue that either no such distinction of swordes powers is to be admitted or that both are equally in the temporall Prince and so vsed and exercised by our auncient Kings of England 44. But now you see the vanity in truth absurdity of that Paradox refuted by all this heer set downe concerning K. Richard and many examples more might be alleadged during his raigne after his returne againe to England who meaning to euacuate the alienation of many thinges solde lent or empawned before for his going to Ierusalem caused himself to bee crowned againe in VVinchester reducing all thinges to a new order and among others he set downe Capitula placitorum Corona Regis The heads or cheife braunches of pleas that belong to the Kings Crowne or Courts wherein nothing at all is conteyned concerning Ecclesiasticall affaires but only De aduocationibus Ecclesiarum quae sunt de donatione Regis Of the aduowsons of such Churches as are of the Kings gift that is to say wherof he had Ius Patronatus Which is a small spirituall iurisdiction if we consider it well and may be in any secular man whatsoeuer that buyldeth or foundeth a Church And Matthaeus Parisiensis speaking of the Church of Normandy vnder K. Richard commendeth him highly for deliuering the said Church de longo seruitutis iugo from a long yoke of seruitude which secular men by little and little had brought in vpon her vnder other Kings and Dukes by often drawing Clergie-men to secular Iudges and tribunals inuadinge their goods restraining their liberties breaking their priuiledges and the like All which the said Author saith Ipso glorioso Rege Richardo annuente omnia disponente emendata sunt Were amended by the consent of glorious King Richard who disposed all things himself to the restitution of the ancient liberties freedome of the said Church of Normandie 45. It were ouer long to run ouer many other examples which might be alleadged to this effect for proofe of King Richards true Catholicke deuotioÌ„ towards the Church as also of his acknowledgement and obedience to the authority of the Sea of Rome in all Ecclesiasticall affaires during his life and raigne There are 4. or 5. epistles exstant in Houeden written to diuers parties by Celestinus the Pope which he wrote one soone after another concerning the forenamed Geffrey Archbishop of Yorke citing him to Rome to answere to certaine accusations laid against him by his Chanons and others accusing him among other things Quod â—enationibus aucupio totius animi studium applicabat That he applied his whole mind hunting and hauking And againe De inhonesta vita invtili conuersatione They accused him of dishonest life and vnprofitable conuersation For which though he were the Kings brother yet not making his appearance in Rome nor lending his lawfull defence or purgation thither he was suspended by the said Popes Bull and the King was so far of from taking it euill or defending him as he caused the lands and possessions of his Bishopricke to be seased on Praecepit illum dessesire saith Houeden de Episcopatu suo de Vice-comitatu Eboraci He commaunded him to be dispossessed of his Archbishopricke and of the Vicount-ship of Yorke 46. But afterward Celestinus being dead and Innocentius the third succeeding him in the Popedome and the said Geffrey amending his manners as may be presumed Misit literas suas deprecatorias ad Richardum Regem c. The said Pope Innocentius sent his letters to K. Richard of England requesting and exhorting him by Fatherly admonition that he would receiue into his loue and brotherly familiarity againe the said Archbishop at his request and suffer him in peace to returne to his Bishopricke for that otherwise he should be forced to vse Ecclesiasticall Censures against the said King and his Kingdome Vnto which petition ioyned with some commination as you see the King obeyed sending diuerâ— Bishops vnto the said Archbishop whose names Houeden setteth downe In spiritu humilitatis postulantes ex parte Regis vt ipse
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
for the indifferent Reader to consider these points following 8. First that we hauing proued the said acknowledgement in all former Kings it is not like that this deflected or went aside from their stepps or if he had done it would at least haue byn noted wherin and in what points and some records remaine therof as there doe of other points which were any way singular in him Secondly we finde this King much commended for pious deuotion by ancient writers and namely by Thomas VValsingham who in the beginning of K. Edward the first his life giueth a breife note of this King Henries life and death saying first of his sicknes and death that being at the Abbey of S. Edmunds-burie and taken with a greiuous sicknes there came vnto him diuers Bishops Barons and noble men to assist him and be present at his death at what time he humblie confessed his sinnes saith he was absolued by a Prelate and then deuoutlie receauing the bodie of our Sauiour asked all forgiuenes and forgaue all had extreme vnction and so humbly imbracing the crosse gaue vp his spirit to almightie God adding further of his deuotion in his life that euerie day he was accustomed to heare three masses sung and more priuatelie besides and that when the Priest did lift vp the hoast consecrated he would goe himself and holde the Priests arme and after kisse his hand and so returne to his owne place againe 9. Hee telleth also of his familiaritie with S. Lewes K. of France who raigning at the same time though some few years yonger then K. Henry conferred oftentimes with him about matters of deuotion and once telling him that he was delighted more to heare often preaching then manie masses K. Henry answered that he was more delighted to see his friend than to heare another man talke of him though neuer so eloquentlie 10. This then being so and K. Henry both liuing and dying so Catholicklie as both this man and all Authors doe write of him there can be no doubt but that he agreed fullie in iudgment and sense with all his predecessours as well in this point of the Popes Ecclesiasticall Iurisdiction as in all others And for his obedience to the Sea of Rome it was so notorious as diuers of his owne people at that time did thinke it to haue excesse For that it was not only in spirituall matters but in temporall affaires of his Kingdome also Nihil enim saith Matthew Paris nisi ex consensu Papae vel illius Legati facere voluit Hee would doe nothing especiallie in his later years but either by the consent of the Pope or his Legat. And further in another place Ipso quoque tempus Rex secus quà m deceret aut expediret se suumque Regnum sub paena exhareditationis quod tamen facere nec potuit nec debuit Domino Papae obligaâ—it At that very time also the King otherwise then was decent or expedient did oblige himself and his Kingdome which yet he could not nor ought to doe vnto Pope Innocentius the fourth vnder paine of disinheritage c. So he 11. And many times elswere is this complaint renewed and yet on the otherside we may vnderstand by the same Mathew Paris who so much misliketh this ouer much subiection as he calleth it to the Sea of Rome that diuers great commodityes ensued often therby both to him and the Realme To the Realme for that the Popes wrote heerby more confidently and effectually vnto him for amending certaine errors of his then otherwise perhaps they would or could yea threatned him also with excommunication when need required Wherof the said Paris writeth thus in one place In those daies the Popes anger began to be heate against the K. of England for that he kept not his promises so oftentimes made to amend his accustomed excesses and therefore at the instance of Lautence Bishop of Ely and many other that earnestly vrged him he threatned after so many exhortations made vnto him without fruite to excommunicate him and interdict his Kindome c. 12. But yet for all this when after his Barons did rise against him and held him diuers years in warre Pope Vrban the 4. saith Mathew Paris sent his Legat Cardinal Sabinian as far as Bellen in France to pronounce there and set vp the sentence of excommunication against the said Barons who being in armes permitted him not to enter the portes of England but yet not long after by the said Vrban his meanes and Pope Clement the 4. that succeeded him peace followed againe in the said Realme after many years of warre ciuill commotion with great variety of euents succeeding on both sides For that sometymes the King himself with his brother Richard surnamed King of the Romanes and Edward the Prince were taken by the Barons and sometymes the Barons had the worse and Simon Momfort Earle of Licester their cheife head and Captaine was slaine in the field and many miseryes distresses and calamityes ensued on both parts as are accustomed in warlyke affaires but especially of Kingdomes which haue their waues and turmoiles according as the winds of great mens humours and passions doe swell stirr vp or calme the same But in all this time no question was of Catholike religion in England nor any doubt at all of the distinction and subordination between temporall spirituall power and gouernment but that the one was acknowledged in the King as cheife head of the Common-wealth and the other in the Bishops as subordinate to the Sea Apostolike 13. And if we consider the cheife and most euident points wherin this acknowledgement is seen and to be obserued they are these in effect First and principally for all points of saith and beleife which points were not receiued in England nor other wise then they came authorized and allowed by the said Sea Apostolike And secondly for matters of manners in like form if any thing were decreed or ordained by the said Sea as to be obserued generally throughout all Christendome England presently admitted the same though in other matters which were either particular nationall or seuerall to euery Common-wealth England followed that which was most conuenient for her state peace and quietnes 14. And as for Ecclesiasticall Iurisdiction and libertyes of the Church we se by the said Magna Charta decreed and confirmed by this King which is the very same in effect that his Father K. Iohn out of the Charter of K. Henry the first graunted vpon the 16. yeare of his raigne and confirmed againe and published by K. Edward his sonne and all his Catholike Successours that it was wholy left vnto Clergy men and to the Sea Apostolike and not taken nor vsed by the Kings as namely in all matters of Spirituall dispensations elections institutions admissions confirmationâ— of Prelates and the like all gathering of Synods making of Ecclesiasticall decrees excommunications absolutions indulgences iudging and determining of
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
iudge of such possessions as depend of legitimation we commaund your brotherhoods that leauing the iudgment of the said possessions to the King and his Courts you examine onlie the principall cause concerning the loialtie of the marriage it self and determine the same 43. Heerby then wee see first that M. Attorney alleadging this instance hath alleadged nothing at all against vs or for himself For that when the Earls and Barons refused to change the laws of England concerning inheritance vpon legitimation they said no more then is allowed them by the Canon-law it self as you haue heard And how will M. Attorney inferre of this that K. Henry the third held himself to haue supreme authority ecclesiasticall for that this must be his conclusion out of his instance or els he saith nothing 44. And it shall not be amisse to note by the way how these men doe vse to ouer-lash in their asseueratioÌ„s to help their feeble cause thereby By the auncient Canons and Decrees of the Church of Rome saith he the issue borne before solemnization of marriage is as lawfull and inheritable marriage following as the issue borne after marriage But this is not sincerely related For the Canon-law as you haue heard putteth diuers restrictions both in the persons to be legitimated and in the ends and effects whervnto they are legitimated as also concerning the Countries Kingdomes wherin they are legitimated Of all which variety of circumstances and considerations M. Attorney saying nothing his intention therin may easily be ghessed at And so much for this matter OF THE LIVES AND RAIGNES OF KING EDVVARD The first and second Father and sonne And what arguments M. Attorney draweth from them towards the prouing of his purpose CHAP. XI HAVING now come downe by orderly descent of seauen hundred yeares more of the raignes of our Christian English Kings shewed them all to haue byn of one and the self same Catholicke Roman religion comforme also in the point of this our controuersie about the acknowledgement and practise of the spirituall power and authoritie of the Sea Apostolicke in England concerning ecclesiasticall affaires And hauing declared the same so largely as you haue heard in three Henries since the Conquest of famous memory and authoritie aboue the rest and the last of them author also and parent of all Statute-law in our Realme we are to examine now in order three Edwardes lineally succeeding the one to the other and all three proceeding from this last named Henry Vnder which Edwardes and their ofspring M. Attorney preteÌ„deth more restraint to haue byn made in some points of the Popes externall iurisdiction then vnder former Kings which though it be graunted vpon some such occasions as after shal be shewed yet will you fynd the matter far shorte of that conclusion which he pretendeth to maintayne that hereby they tooke vpon them spirituall soueraingty in causes Ecclesiasticall You shall see it by the triall OF KING EDVVARD THE FIRST VVhich vvas the nynth King after the Conquest §. I. 2. When King Henry the third dyed his eldest sonne Prince Edward was occupied in the wars of the Holy land being then of the age of thirty three yeares who hearing of his Fathers death retourned presently homeward and passing by the Citty of Rome found there newly made Pope Gregory the tenth called before Theobald with whome in tymes past he had familiarly byn acquainted whiles he was Legate for his predecessor Vrbane the fourth in the said warrs of the Holy-land who receaued him with all honour and loue and graunted vnto him saith Stow the tenth of all Ecclesiasticall benefices in England as well temporall as spirituall for one yeare the like to his brother Edmund for an other in recompence of their expences made in the Holy-land Whervpon when the next yeare after the said Gregory called a generall Councell at Lions in France which was the second held in that place of aboue fiue hundred Bishops and a thousand other Prelates King Edward sent also a most honourable embassage thither both of Bishops and Noble-men 3. This King Edward beginning his raigne in the yeare of Christ 1272. continued the same for almost 35. yeares with variable euents For as he was a tall and goodly Prince in person high in stature and thereof surnamed Long-shanke so was he in mynd also no lesse war-like haughty earnest and much giuen to haue his owne will by any meanes whatsoeuer when once he set himself theron though yet when he was in calme out of passion he shewed himself a most religious and pious Prince 4. Of the later may be example among other things his speciall deuotion to the Blessed Virgin mother of our Sauiour which both Mathew VVestminster and VValsingham doe recount from the very beginning of his raigne doe coÌ„tinue the same throughout his life by occasion of many strange and miraculous 〈◊〉 from imminent dangers which himself ascribed to the said dâ—uotion and to our Blessed Ladies speciall protection Wherevnto may be referred in like maÌ„ner the piety of the said King shewed in diuers other occasions As first of all when in the first yeare of his raigne he voluntarily set forth published and confirmed the Great Charter made by his Father in fauour of the Church saying as in the said Charter is to be read Pro salute animae nostrae animarum antecessorum successorum nostroruus Regum Angliae ad exaltationem Sanctae Ecclesiae emendationem Regni nostri spontanea bona reluntate nostra dedimus concessinius c. We haue giuen and graunted freely of our owne good will this Charter for the health of our soule and of the soules as well of our predecessours as successours Kings of England to the exaltation of holy Church and amendment of our Kidgdome c. 5. And the like piety he shewed in many other occasions in like manner as namely when he being in his iourney with a great army towards Scotland and his wife Q. Eleanor daughter to King Ferdinand the third of Spaine surnamed the Saint a most vertuous religious Lady falling sicke dying neere the borders therof he leauing his course retourned backe with her dead body to London Cunctis diebus vitae suae eam plangebat saith Walsingham Iesum benignum iugis precibus pro ea interpellabat eleemosynarum largitiones Missarum celebrationes pro ea diuersis Regni locis ordinans in perpetuum procurans The King did bewayle this Queenes death all the dayes of his life and did by continual prayers call vpon mercifull Iesus to vse mercy towards her ordeyning great store of almes to be giuen for her as also procuring Masses to be said for her soule in diuers partes of the Kingdome 6. And moreouer in all the places where the said body rested as it came to London he erected great goodly crosses in her memory Vt à transeuntibus saith VValsingham
ijs iustitia sicut de Laicis M. Attorney to aggrauate the Kings accorde and declaration ouer that of the generall Councell putterh it downe thus It is agreed and declared before the King and his Counsell that the same constitution shal be vnderstood in this wise Whereas the Latin speaketh in the present tense It is to be vnderstood nor hath it the words in this wise And where M. Attorney saith They shall not from hence forth be deliuered but iustice shall be executed vpon them as vpon other lay men those shalls b◠not in the Latin but rather that they may or must not be deliuered vnto Prelates but that iustice be done vpon them as vpon lay men So that herby you see the labour that M. Attorney taketh to draw a little water to his mill and yet that nothing commeth but puddle that driueth not but choaketh the same Let vs see his fourth instance whether it be of any more weight or moment than the rest The Attorney In an acte made at the Parlament holden at Carleile in the 25. yeare of the said King Edward the first It is declared that the holy Church of England was founded in the state of Prelacy within the Realme of England by the King and his progenitors c. For them to informe the people in the law of God and to keepe hospitality giue almes and doe other workes of charity c. And the said Kings in tymes past were wont to haue their aduise counsaile for the safe-guarde of the Realme when they had need of such Prelates and Clerkes so aduaunced The Bishop of Rome vsurping the signories of such benefices did giue graunt the same benefices to Aliens which did neuer dwell in England and to Cardinalls which might not dwell here c. in adnullation of the state of the holy Church of England desherison of the King Earles Barons and other nobles of the Realme and in offence and destruction of the lawes rights of this Realme and against the good disposition and will of the first founders It was enacted by the King by assent of all the Lords Communalty in full Parlament that the said oppressions grieuances and dammage in this Realme from thence forth should not be suffered as more at large appeareth by this Act. The Catholike Deuine 36. This Parlament of Carliele which M. Attorney ascribeth to the 25. yeare of King Edwardes raigne both in his latin and English columns I doe imagine to be an error in place of the 35. for that I fynde no Parlament held vpon the fiue and twentith in which yeare King Edward was partely in Scotland and partely in Flanders and there kept his Christmasse in the City of Gaunt But vpon the 35. yeare which was the last of King Edwardes raigne there was a Parlament helde at Carliel vpon the Octaues of S. Hilary In which Parlament there was such a declaration and complaint made as here it set downe that the Bishopricks and benefices being often giuen to strangers by the Popes prouisions who residing not in England nor keeping hospitality nor being able to preach or teach for that they wanted the English language the Church of England and poore people therof did suffer much inconuenience therby and for that the Bishopricks and Prelacyes of the said Church were founded ordinarily by Kings and Princes of the said land they said it was reason that they as Patrones should present English men to the same 37. And these complaints which now we haue heard began in diuerse former Kings dayes especially vnder King Henry the third and were continued vnder this man and his Successours but most of all vrged vnder King Edward the third and King Richard the second by whome greater restraints were made vntill the Sea Apostolicke and our Kings came to a certaine forme of agreement as in other countreys and Kingdomes also they did though in different sortes how benefices should be prouided to wit by election of the Deane Chapter in some and by Kings and Princes nominations in others as also by prouisions of Bishops in lesser preferments Wherein notwithstanding the said Sea Apostolicke retained diuers gifts to it self as in sundry countryes is seene at this day by vse and practice 38. Well then the States of England at this time said decreed that the abuses of bestowing English benefices vpon strangers were not to be suffered especially such as had byn newly brought in by one VVilliam Testaw sent thither out of France by Pope Clement the fifth for so testifyeth Mathew VVestminster that was then liuing whose words are these The King held a Parlament at Carliele wherein greater complains then euer before were made of the oppression of Churches and Monasteries and many extorsions vsed by one Maister VVilliam Testaw the Popes Clerke to whome commaundement was giuen by the assent of the Earles and Barons that he should not vse like extorsion for the tyme to come And moreouer it was ordeyned that for obteyning remedy certaine messengers there assigned should be sent to the Pope And the very self-same thing writeth Thomas VValsingam And this is all the remedy mentioned by these men to haue byn taken at that tyme to wit supplication to the Pope himself that he would put thervnto conuenient redresse which well declareth the respect borne to that Sea 39. And albeit this Statute here mentioned by M. Attorney may be supposed also to haue passed at that tyme yet may it appeare by the words of other Statutes after in the tyme of King Edward the third that the same was not put in vre vntill his dayes as in his life we shall shew more particularly And what maketh all this now for M. Attorney or what rather doth it not make against him For here the whole Parlament of Carliele acknowledginge the Popes spirituall authority as appeareth by their manner of writing vnto him complained of certaine abuses or excesses streching themselues in a certaine sorte as they pretended to temporall commodityes and sought remedy therof from himself And can any thing be more cleere against M. Attorney then this Surely at the barre he durst not for his credits sake pleade in this manner much lesse should he doe it in a booke wherin the speaches remaine longer to the view of the reader then doe fleeting words to the hearer at the barre But inough of this M. Attorney pleadeth well where he hath truth and substance for him in this cause both doe faile him and what then can he doe but cast shaddowes as here you see that he doth OF KING EDVVARD THE SECOND VVhich vvas the tenth King after the Conquest §. 11. 40. Much lesse is needfull to be said of this King then of the former both for that his raigne was shorter and much more troublesome in temporall affaires which gaue lesse place to spirituall and now also our Authors that were wonte to
note more diligently such matters doe in great parte faile vs. For that Mathew of VVestminster endeth with King Edward the first as the other Mathew Paris before him did with this mans father K. Henry the third and Roger Houeden before him againe with K. Iohn and VVilliam Nubergensis Petrus Blesensis before them with K. Richard â— VVilliam of Malmesbury Henry Huntington as also Florentius VVigorniensis with his continuance made an end of their historyes partly vnder K. Stephen and partly vnder K. Henry the first so as now downe-ward from this King Edward the second we shall only haue Raynulph of Chester and Thomas VValsingam for the most ancient writers of this time that doth ensue who yet are nothing so copious or diligent as diuers of the former 41. This Edward therefore second of that name and surnamed of Carnaruan for that he was borne in that towne of VVales when his Father lay with an army in those partes to reduce that countrey to subiection as he did who being of the age of twenty three yeares when his father dyed vpon the borders of Scotland in the yeare 1307. receauing two speciall things in charge saith VValsingam from his Father vnder paine of his curse The first that the should prosecute presently and end the enterprize began against Scotland before he went to London or procured to be crowned the second that he should not touche or waste but send to the holy land a certaine summe of money which his said Father had layed togeather for the assistance of that warr to the which he had purposed to goe himself in person if he had liued Wherevnto Iohn Stow addeth a thirde in these wordes His father charged him on his curse that he should not presume to call home Pierce of Gaueston by common decree banished without common consent c. Notwithstanding all these admonitions and threats this careles young Prince performed no one thing of the three but got himself presently into France and there was married in Bullen vnto Lady Isabell only daughter of Philip the fourth surnamed the faire King of France and in that marriage and triumphe therof spent the foresaid money which prospered afterwarde accordingly for that this marriage and wife was the cause and occasion not only of his ouerthrow and miserable ruine but of all the warrs in like manner that ensued for many yeares after betwene France England For that shee being the only daughter and heire as hath byn said to the King of France her sonne Edward the third in her title began first the said warrs which brought finally the losse not only of that which was gotten of new but of all the rest that we had before in France and shee taking a deepe disgust with her said husband for his disordinate affection to Pierce Gaueston whome presently after his fathers death he recalled from banishment the two Spencers and others misliked by her and the greater parte of the Realme shee finally after many troubles warrs insurrections and great store of Noble-men cut of and destroyed on both partes preuailed against the said King her husband and hauing on her side the authority of her young sonne the Prince and all his followers did put downe the said King depriued him of his crowne sett vp her young sonne in his place committed the other to prison where soone after he was pitifully murthered And these are the varietyes of worldly fortunes these the frailtyes and vncerteintyes of earthly Greatnes And where King Edward placed all his pleasure from the same spring issued forth the beginning and progresse of all his miserie 42. But as for his religion and iudgement therein notwithstanding all other his errours in life and behauiour that it was constantly Catholicke according to that which he had receaued and inherited from his Ancestours no doubt can be made at all For that the whole State of his realme touching Ecclesiasticall affaires remained as he found it and as it had continued in the tymes of his progenitours and that the Bishops of Rome had generall authority ouer England in his dayes not only in meere spirituall iurisdiction which all the Bishops of England professed to receaue from him but also in externall disposing when he would of Bishoprickes and other Prelacies notwithstanding all the complaints made in his Fathers and Grand-fathers tymes about that matter may be made euident by many examples 43. For first we reade that in the yeare 1311. when Pope Clement the fifth in a Councell at Vienna in France vpon many graue and vrgent causes as was pretended alleadged did put downe the whole order of knights called Templarij for that their first institution was to haue care to defend the Temple of Ierusalem against infidells and did appoint their lands which were many and great to be giuen to an other newer order which then begun named Hospitalary for that they had the care of the hospitals wherein Pilgrims were receaued which now are the knights of S. Iohn of Malta albeit this matter were of such importance and consequence for that the persons were many and of nobility and their possessions great as hath byn said yet was that Decree obeyed in England without resistance and the persons depriued and put to perpetuall pennance in a Councell at London anno 1311. and their said lands and goods giuen to the other sorte of knights and confirmed by Parlament in London 13. yeares after to wit in the yeare of Christ 1324. which was the 17. of King Edwards raigne as VValsingam and others doe testifie which well declareth what the Popes authority was at that day in England 44. Againe we reade that in the yeare 1319. which was the 12. of this Kings raigne great warre being betwene England Scotland King Edward had procured that Pope Iohn the 22. should send two Cardinall-Legates into England to examine the matter how it stood and to punish by Ecclesiasticall Censures that party that should be found stubborne and repugnant to reason Wher vpon finally hauing heard both sides and finding Robert Bruse King of Scotland to haue offered iniuryes to the King of England they pronounced sentence of excommunication against him and put the whole Kingdome vnder interdict For releasing wherof the said King Robert and the State of Scotland 4. yeares after sent a solemn embassage to the Pope to wit the Bishop of Glasco Earle of Murray which being vnderstood by King Edward he sent also a messenger on his behalfe to contradicte the same And albeit him Embassadour saith our Story in dignity were but a simple Priest yet so many reasons and accusations he alleadged against themâ— or K. Edward and his câ—uâ—e as the Scottish Embassadours â—â—ld obteyne no release at that time And this for the Popes auâ—â—â—â—â—â—y in those dayes for publicke affaires 45. But as for priuate matters of England especially the disposing of Bishoprickes confirmation inuestitures of all Bishops 〈◊〉
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
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
and little pertinent as you will see to the manie conclusion which he should proue that this King did take supreme spirituall authority and iurisdiction vpon him And for that the grounds of all that is heer obiected haue byn discussed and answered in that wee haue set downe before and this booke groweth to more length then was purposed at the beginning and finally for that the law-bookâ—◠〈◊〉 cited of collections and obseruations by later authors which bookes I haue not by mee are of small authority to our purpose I shall passe ouer the said obiections with the greatest breuity that I can remitting mee for the most part to that which before hath byn said and answered The Attorney An excommunication by the Archbishop albeit it be disanulled by the Pope or his Legats is to be allowed neither ought the Iudges giue any allowance of any such sentence of the Pope or his Legate The Catholicke Deuine 15. This assertion I doe not see how it can be admitted for true as it lieth for so much as no author maketh mention that K. Edward did euer deny absolutely the Popes authority to excommunicate by himself or by his Legats in England especially vpon the 16. yeare of his raigne as heere it is noted in the margent when he was most deuout to the Sea Apostolicke wrote the humble letter before mentioned the next yeare after according to the date of the said letter as you haue heard only there might be this accorde between them for more authority of the said Archbishop and peace of the Realme that when he had giuen forth any excommunication no annullation therof from the Pope which might perhaps be procured by false suggestion should be admitted or executed vntill the Pope were informed of the truth this is vsed also in other Catholicke Kingdomes at this day 16. And it were to much simplicity to imagine that English men in those dayes admitting the Archbishops excommunication as heer they doe and for confirmation therof we doe read in VValsingham that vpon the yeare 1340. and 14. of King Edwards raigne Iohn Stratford Archbishop of Canterbury threatned the said King to excommunicate all his counsell if he amended not certaine points wherin they offered iniury to Clergy men it were simplicity I say to thinke that the said Archbishops excommunication could not be controlled by that of the Pope from whom they acknowledged the said Archbishop at that time to haue his spirituall authority if he had any at all For froÌ„ whence should they imagine him to haue it for that the Kings as we haue seen had not so much as the nomination or presentation of Archbishops in that season but only the Popes much lesse their induction confirmation or inuestiture Whervpon it must needs follow that he which gaue them spirituall iurisdiction had greater higher iurisdiction himself though in some cases by agreement not to be vsed as before hath byn said The Attorney It is often resolued that all the Bishopricks within England were founded by the Kings progenitours and therfore the aduowsons of them all belong to the King and at the first they were donatiue and that if an incumbent of any Church with Cure dy if the Patron present not within six moneths the Bishop of that Diocesse ought to collate to the end the Cure may not be destitute of a Pastor If he be negligent by the space of six moneths the Metropolitan of that Diocesse shall confer one to that Church and if he also leaue the Church destitute by the space of six moneths then the Common-law giueth to the King as to the supreme within his owne Kingdome and not to the Bishop of Rome power to prouide a competent pastor for that Church The Catholicke Deuine 17. Is it be true which M. Attorney hath so often repeated before that the Conusaunce and deciding of Ecclesiasticall causes doe not appertaine to the Common-law and that the prouision or induction of Clerks to benefices and giuing them spirituall iurisdiction ouer the soules of those that be within the compasse of that benefice be of the number of those causes which I take to be set downe in like manner by M. Attorneys owne pen before vnder the names of admissions and institutions of Clerks then how can it be true which heere is said that the Common-law giueth to the King as to the supreme to prouide competent Pastors for that or those Churches that within the space of a yeare and halfe are not prouided by the particular patron Diocesian or metropolitan Or where is this Common-law How or when did it begin as often elswhere I haue demaunded Either by vse or statute or common agreement between the Prince and people For none of these haue we heard of hitherto vnder former Kings though for presenting and nomination to benefices we haue oftentymes said that there is no difficulty but that the temporall Prince may present in such benefices or Bishopricks as he is patron of either founding the said benefices or by particular concession of the Sea Apostolicke vnto him as we haue shewed more largly before in the life of K. VVilliam the Conquerour and before him againe vnder K. Edward the Confessor to whom the Sea of Rome in those dayes gaue spirituall iurisdiction also in some cases ouer the Abbey of VVestminster some other places of his Realme 18. But that the Common-law should dispose of these things and especially giue spiritual iurisdiction to the King ouer benefices for so must the meaning of M. Attorney be if he delude not his Reader with equiuocation of words this I say is both contrary to his owne rule before set downe and much more to reason For that to giue Ecclesiasticall iurisdictiom is much more then to haue the conusaunce of Ecclesiasticall causes which he denying to his Common-law in diuers places of his booke as before we haue seen caÌ„not in reasoÌ„ ascribe to th' other 19. Wherefore though we graunt this graduation heer set dovvne as good and conueuient that if the particular patron doe not present within six moneths nor the Ordinary or Metropolitan within their tymes prescribed the Prince as supreme gouernour of the Common-wealth to see all things done in due order may present as if he were patron to the said benefice yet first this cannot come originally from the Common-law for the reasons alleadged Secondly this proueth no spirituall iurisdiction at all in any presentor but only power of presentation which may be in any man that hath Ius patronatus allowed by the Church and head therof as before hath byn said Thirdly much lesse doth this proue supreme authority spirituall in the Prince as M. Attorney would inferre which is euident among other reasons by this For that the Prince when he doth present in this manner by lapse of tyme or omission of others is the last in power of presentation after the Metropolitans and Bishops which yet
cases of heresie hath no substance in it at all for so much as you see it was directed by the Canon law long before K. Henry was borne 15. Wherefore to his last instance that the Pope cannot alter the laws of England I answere it is true touching temporall laws for they are to be made or altered by the English Prince and Parlament but Ecclesiasticall laws of the Church if they be positiue not deuine he might in all those auncient times vpon iust causes alter as I thinke M. Attorney will not deny and then by good consequence if it be true which euery where he striueth to proue that Ecclesiasticall laws though made by the Pope are laws also of England and may be called English lawes when they are admitted in England it followeth I say against himself in this assertion that the Pope might alter the lawes of England in that he might alter those Canon-lawes that were admitted in England thereby made English lawes The Attorney 1. The Iudges say that the Statutes which restraine the Popes prouisions to the benefices of the aduowsons of spirituall men were made for that the spiritualty durst not in their iust cause say against the Popes prouisions so as those Statutes were made but in affirmance of the common laws 2. Excommunication made by the Pope is of no force in England and the same being certified by the Pope into any Courte in England ought not to be allowed neither is any certificate of any excommunication auailable in law but that is made by some Bishop in England for the Bishops are by the common laws the immediate officers ministers of iustice to the Kings Courts in causes Ecclesiasticall 3. If any Bishop doe excommunicate any person for a cause that belongeth not vnto him the King may write vnto the Bishop and commaund him to assoile and absolue the party 4. If any person of religion obtaine of the Bishop of Rome to be exempt from obedience regular or ordinary he is in case of Premunire which is an offence as hath byn said contra Regem Coronam Dignitatem suam The Catholicke Deuine 16. I haue conioyned three or foure obiections togeather for that indeed all make not the due waight of one Wherfore to the first I answere that little it importeth to our controuersie what those Iudges said why the Statutes were made against the Popes prouisions in affirmance of the Common-laws for this may be said of euery new Statute whatsoeuer that it is made in affirmance of ancient Common-law albeit the said law supposed to be common no where appeare nor any reason proofe or probability be alleadged why it should be Common-law before that fact or Statute appeared So as this Common-law is now by M. Attorney made so common as it cometh to be Ens transcendens embracing all that is or can be deuised by any of his Iudges or Reuerend Sages or rather he maketh it Ens rationis or a meere Chymera that as Logitians hold hath no essence or being at all à parte rei but only in imagination For seing that the Popes prouisions had endured in England for so many ages before as all doe and must graunt how may the common law be presumed all that while to haue byn against the same yet no mention euer made therof These are morall impossibilityes to say no more 17. The second point doth answere it self and we haue touched the same before that by agreement in England the Popes Buls of Excommunication when they were sent should not be admitted ordinarily but by the certificate of some Bishop of England for preuenting the fraudes or false suggestions which particular men might vse therein And wheras M. Attorney heere againe saith that the Bishops are by the Common lawes the immediate officers and ministers to the Kings Courtes in causes Ecclesiasticall he runneth againe to his old Chymera of imaginary Common lawes For where is this Common-law that maketh Bishops to be officers and ministers to the Kings Courts in causes Ecclesiasticall For if the Common-law or Iudges thereof cannot so much as heare or take conusaunce of any spiritual causes belonging to Bishops Courts as often M. Attorney affirmeth in this his booke how much lesse can it or they by vertue therof appoint Iudges or make them officers in those spirituall Courts which haue their authority from the Canon and not Common lawes 18. To the third obiection little answere is needfull For who seeth not but that euery King in his Kingdome may commaund all â—â—â—es of people to doe their duty to surcease from wrong And so if a Bishop for a cause not belonging vnto him should excommunicate any the Prince may commaund him to absolue 〈◊〉 party whome vniustly he hath excommunicated if the iniustice bee so apparant as heere is presumed But M. Attorney should haue proued that the King himself might haue absolued him as in truth he might if he had Superiour authority to the Bishop in Ecclesiasticall causes as he may absolue immediately by himself all that are censured or sentenced adiudged or condemned by his Chauncellour lay Iudges or temporall officers and ministers nor hath he need to send the party to be assoiled by them or to will them to doe it as heer he doth the Bishop but might doe it himself or by some other giuing him authority thervnto which yet neuer King of England did attempt before King Henry the 8. 19. To the 4. braunch is answered that by good reason it was agreed that no religious man hauing made his vow of obedieÌ„ce in England should seeke to Rome for exemption therof without proposing his causes first in England it self for that otherwise vpon false informations suggestions of the party against his Superiours many troubles and inconueniences might follow by such exemptions and this is that which is touched in the Statute it self here alleadged affirming that no man shall goe to Rome for that which may be determined in England c. And now consider I pray you what all these foure instances laid togeather doe weigh in poyse of good reason But let vs see further 20. A fourth instance of M. Attorneys is taken out of a Statute of the 6. yeare of K. Henry the 4. where the commons doe againe make complaint of other new aggreiuances by the Courte of Rome to wit that such as are to be preferred to Bishopricks Archbishopricks and other Prelacyes cannot be admitted vntill they haue compounded with the Popes Chamber for paying of the first fruites of the said benefices and other dutyes required vvhervpon the King saith the Statute by the aduise and assent of the Great men of his Realme in Parlament and note that he nameth not heer the spirituall Lords did ordaine that whosoeuer should pay heerafter to the said Chamber or otherwise for such fruites and seruices greater summes of money then had byn accustomed in time past
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
Pope Clement the 7. and how the same began cap. 15. num 4.5.6 7. Bulles from Rome not admitted in England except they came certified from some Prelate at home and why cap. 12. num 28. cap. 13. num 27. C. Calixtus the Pope his meeting vvith Henry the first in Normandy cap. 8. n. 14. Campian his fellow-martyrs protestations at their death cap. 16. num 12. Canon-lawes how they vvere receyued in England cap. 14. num 17. Canutus K. of England his confirmation of Peter-pence to Rome cap. 6. n. 72. Catholicke Religion the birth-right of Englishmen cap. 1. num 26. Catholickes falsely charged by M. Attorney cap. 16. num 2.3 deinceps Catholicke-Recusants from the beginning of Q. Elizabeths raigne cap. 16. num 7. Catholickes falsely accused of inconstancy cap. 16. num 18. Caudrey the Clerke his case cap. 3. per totum Causes of K. Henry the 8. his falling out and breach vvith the Sea Apostolicke cap 15. num 1.2 3. Ceadwalla K. of the VVestsaxons his pilgrimage to Rome cap. 6. num 83. His baptisme there and death ibid. Celestine Pope his letters to the Realme of England in absence of K. Richard the first cap. 9. num 33. Charters for Church-priuiledges before the Conquest and after cap. 5. num 2. 3. 4. deinceps cap. 8. num 23. The beginning of the Great-charter vnder K. Henry the third cap. 10. num 6. Church-libertyes confirmed by K. Richard the second cap. 12. num 43. S. Chrysostomes iudgement of spirituall power cap. 2. num 21.22.23 24. Ciuill warres in England vnder King Henry the third cap. 10. num 12. Clergy-men subiect to the Ciuill Magistrate in temporal affaires cap. 2. num 33. 34. But not in spirituall ibid. num 35. Clergie-mens persons exempted from secular povver cap. 2. num 26. 37. Clerkes euer exempted from temporall Iudges cap. 15. num 20. Collations of benefices by lay-men cap. 7. num 26. 29. Comparison betweene Catholick sand Sectaryes cap. 1. num 13. 14. Commodityes or discommodityes of municipall lavves cap. 1. num 20. Comon-lawes birthright cap. 1. num 22. 23. Complaintes against strangers beneficed in England cap. 10. num 21.22 23. deinceps Remedyes sought to the Pope therfore ibid. num 23. Controuersy-wryters condemned by M. Attorney and vvhy cap. 1. num 26.27 28. 29. Controuersy-writers against their conscience cap. 1. nu 32. and vvho they be ibid. num 35. Constantius the Emperour reprehended by Bishops cap. 4. num 6.7 8. Confirmation of Church libertyes in England by diuers Kinges before and after the Conquest cap. 5. num 7. deinceps Cap. 8. n. 23. Conquest of VVales by K. Edward the first cap. 11. num 9. Conuersion of diuers Kingdomes in England one after the other cap. 6. num 15. Condemnation of Protestantes doctrine by K. Henry the eight cap. 15. n. 15. 16. Conscience the cause that Catholicks follow not M. Attorneys current cap. 16. num 19. 20. Constantius the Emperour his iudgement touching such as dissembled in Religion cap. 16. num 20. Councell of Constance in Germany cap. 13. num 6. English Prelates sent thither ibid. Courtes spirituall and temporall and their difference ca 4. nu 11. deinceps Courtes spirituall superiour to temporall ca. 10. num 30. Cranmer the first hereticall Archbishop of Canterbury ca. 15. nu 32. Burnt at Oxford for his heresies ibid. Crosses erected by K. Edward the first ca. 11. num 6. Crowne of EnglaÌ„d not subiect to any in temporalityes ca. 12. nu 48. D. Decrees and Ordinances of Pope Formosus for the Church of England ca. 6. num 59. Decree against Bigamy ca. 11. nu 31. Decree of Pope Gregory the ninth about proceeding against hereticks ca. 13. num 14. Decrees of K. Henry the eyght his breach with the Sea Apostolicke ca. 15. num 11. 12. Despaire causeth forgetfulnes of all reason and duty and vvhy ca. 16. n. â—2 Demonstrations before the Conquest against secular Princes Ecclesiasticall Iurisdiction in England cap. 6. per totum Deposition of Stigand Archbishop of Canterbury ca. 7. num 9. Difference of Courtes and vvhat it proueth ca. 4. num 11. Difference of lawes and law-makers before the Conquest ca. 6. num â— Difference of Courtes shew differeÌ„ce of origen and authority ca. 11. nu 50. Directions of ancient Fathers hovv to find out Truth ca. 1. nu 17. 18. Dispensations of most importance procured alvvayes from Rome cap. 6. num â—4 35. Dissention betvveene Protestants and Puritans and vvhy Prefac n. 18. 19. Dissimulation in Religiou hovv daungerous cap. 16. num 20. Doubts raised in England concerning bygamy cap. 11. num 32. E. Ecclesiasticall lavves made to be the Kinges lavves by M. Attorney cap. 4. nu 13. 14. Ecclesiasticall vveighty matters allvvayes referred to Rome by our English Kinges cap. 6. num 19. Edgar K. of England his speach for the reformation of the Clergy cap. 6. num 87. 88. His piety and deuotion tovvards the Sea of Rome ibid. S. Edmund Archbishop of Canterbury threatneth K. Henry the third if he obayed not cap. 10. num 37. K Edward the Confessor his confirmation of Peter-pence to Rome cap. 6. num 73. K. Edward the first surnamed Long-shanke cap. 11. num 3. His deuotion ibid. num 4. His vvorkes of piety ibid. His Conquest of VVales ibid. num 9. His mutability in keeping Church-priuiledges ibid. num 11. His violent proceeding against the Clergy ibid. num 12. 13. His euer obedience to the Sea of Rome in meere spirituall things ibid. num 14. 17. His deuotion tovvards the first Pope in Auinion in France ibid. num 16. His accusation of the Archbishop of Canterbury to the Pope ibid. num 16. His lawes in preiudice of the Clergy ibid. num 21. K. Edward the second his euill successe of marriage in France cap. 11. n. 41. K. Edward the third his restraints against the Clergy of England cap. 12. num 1. 2. His punishment for the violence vsed towards the Church cap. 12. nu 2.3.39 40. Motiues that induced him therto ibid. num 3. His great embassage to the Pope ib. num 7. His protestation for obedience to the Sea of Rome for himselfe and his cap. 12. num 8. His disordinate life ibid. num 41. K. Edward the fourth his raigne ouer England cap. 14. num 1.2.3 deinceps K. Edward the sixth his raigne cap. 15. num 26. His Supremacy of the Church of England declared by the Protector his vncle ibid. S. Egwyn Bishop of VVorcester his monastery of Euesham cap. 6. num 42. His voyage to Rome ibid. nu 79. Elections of Bishops 4. kinds cap. 7. num 32. Eminency of spirituall power aboue temporall cap. 2. num 19. England made tributary to Rome cap 6. num 67. cap. 9. num 62.63 64. Entrance into England denyed to the Popes Legates and vvhy cap. 14. n. 13. 15. Error vvhat it is
to his Bishoprick of York the secoÌ„d tyme. Malmesb. ibidem fol. 152. The Decision and coÌ„maundement of Pope Iohn The humilitie obedience of our Kings in those ancient dayes S. Elflede Supra â—â—mâ—n 3. Many examples of Appeales Malmesb. lib. 3. de gestis Pontif. anno 745. Malmesbu de rebus gesâ—is Regum Anglor lib. 2. Pope Formosus did excoÌ„municate K. Edvvard the first and hovv the matter vvas amended * This he speaketh in respecâ— of the coÌ„uersation vvith Danes that vvere Infidells Malmesb. lib. 1. de gestis Pontificum Anglorum Decrees and ordinances of Pope Formosus for the church of EnglaÌ„d The vigilancy of ancient Popes ouer England Beda lib. 4. â—â—st Angl. cap. 8. 20. 23. A consideration of moment 6 VVhat Kings Archbishops Bishops liued togeather and vvhat lavves they vvere like to make The concurrence of Kings and Bishops in Kent and London for the first age of English Christianity 1 A necessary inference 7 The concourse vvith other Kings Princes and Catholicke people abroade The vniuersall authority of the Sea of Rome during the time of our Christian kings before the Conquest Marke the consequence 8 The maâ—ing tributary to the Sea of Rome the Kingdome â—â— EnglaÌ„d The beginning of Peter-pence Polidor Virgil lib. 5. de hist. Angl. Stovv in Inas 〈◊〉 705. K. Inas his lavves in fauour of the Pope Kings Offa his coÌ„firmation of the tribute of PeterpeÌ„ce anno Dom. 77â— The greatnes of K. Offa. The confirmation of Peter pence by King Adelnulfe anno Dom. 947. Polidor 〈◊〉 5. historia A speciall note Ingulfuriâ— histor Monasteriâ— de Crâ—yland fol. 50â— The great care King Caâ—ulus the Dane had that Peter pence or other Ecclesiasticall dutyes should be paied an 1032. Auncient lavves against M. Attorney Alredus in vita S. Eduardâ— S. Edvvards confirmation of Peter pence and other duties an 1062. Râ—â—â—rius Houiden par 2. Annal in vita Henries 2. Peter pence confirmed by the CoÌ„queror anno 1070. Peter pence continued after the Conquest vntil K. Henry the eight Anno Domini 1532. 9 The going of diuerse Kings and Princes to Rome for deuotion to that Sea * Supra Demon. 3. Acts and MonumeÌ„ts pag. 121 Beda lib. 4 histo Augiscana cap. 29. The admirable â—oing of 〈◊〉 kings to Rome S. Egvvyn Bishop of VVorcester Supra Dâ—mon 4. Platina â—â— Constantino PP Floren. in Chron. anno 723. Malmesh lib. 1. de gestis Regum Anglorum Beda lib. 5. hist. Angl. cap. 7. K. Inas his going to Rome The history of Ceadwalla his going to Rome dying there Beda ibid. The seruour of English men tovvardes Rome in these dayes An euideÌ„t deduction out of the premissâ—â— 10 The assertion and asseueration of diuerse Kings for preheminence of spirituall povver Apud Harpesfâ—ldâ—â— in histor Angl. Sacul 9. cap. 5. ex Asserte Menem Florentino Marianus in anno 9â—5 Apud Alridum Retuallo sâ—râ— de Regibus Angliâ— An excelleÌ„t speach of K. Edgar to his Bishops coÌ„cerning reformation of the Clergie Tvvo svvordes of S. Peter and Constantine acknovvledged by K. Edgar Rogeriâ—â— Houeden part 2. Annal in vita Henries secundi VVilliam Conquerors iudgement of this matter Q. Eleanor anno 1194. Blesensis epist. 146. Tertull lib. de pudicitiâ— cap. 17. Cyprian de Vnâ—ala Ecclesia The Conqueror began his raigne 1066. and raigned 21. yeares vnto the yere 1087. K. VVilliam boisterous but truly Catholik Florent 10â—6 Sâ—ovv an 20â—7 in vita Guliel Conquestoris Boisterous actions of K. VVilliam Ex Registro apud Bar. in Annal. anno 1084. Ex epist. Lanfran apud Baroâ— An. 1070. The pitifull state of EnglaÌ„d for manners vnder the Conqueror The desire of Lanâ—rank to â—â—e â—id of â—his charge Lanfrankes feare of the Conquerors â—â—ough â—ature 〈◊〉 an 1087. â—he Conâ—â—erours â—â—niâ—ent â—â—each at â—â—s death Satisfaction Stovv ibid. Greg. septimus lib. 7. epist. 1. A sharpe reprehension of Pope Gregory the 7. to the Conqueror Ibidem epist. 2â— The arguments of K. VVilliaÌ„ against Harold Matth. VVestmoâ—ast anno 1065. Malmesb. lib. 3. in vita Guhelme Conquest Stovv in the life of Harold K. VVilliam offered to staÌ„d to the Popes iudgement for his Crovvne Lanâ—bâ—â—t in Chron. anno 1076. Deposing of Stigand and other Bishops by authority of the Pope Malmesb. in vita Guliel 1. In epist. Lanfranci apud Baronium in an 1070. Lanfranke proposeth his doubts to the Pope The palls of EnglaÌ„d accustomed to be taken at Rome Sea Baron in annal Tâ—m 11. an 1070. Malmesb. l. 3. hist. in viâ— Guiâ—l Baron â—â— 1071. Stovv 〈◊〉 1071. A Councell gathered by the Popes coÌ„maundement Stovv an 1083. Charters froÌ„ Rome confirmed by the King Stovv in anno 1087. â—xfra mentis de vita Guâ—eâ—â—i The Conquerors accusation of his brother for nâ—â—ting the Church Stovv Ibidâ—m Râ—g Houeden annal paâ—â— 2. in viâ— henâ— 3. fol. 342. VVhat the peace of the church is Tvvo svvordes the one subordinate to the other The priuiledge of Ecclesiastical men in teÌ„poral Courtes Tenantâ— of the Church priuiledged Diuerâ— other lavves SaÌ„ctuary Breakers of Priuiledges Tythes PeterpeÌ„ce The Conquerors humility tovvards his Archbishop Nuâ—eâ—g Reâ—uâ— Anght l. 1. c. 1 Stovv in vit Guliel in sine The Conquerours last speech of his deuotioÌ„ tovvards the Church 7. â— 9. â—â— Quaâ—â—â—â—pedes 19. M. Attorneyes Instance of no force Povver vvaies by vvhich a lay man may Confer benefices Appropriation of Benefices Sup. cap. 6. Demon. 4. Collations of benefices Cap. Intet cap. Licet extrau de traÌ„slat epise extrau de electione cap. Cum in cunctis * Extrau de elect cap. postquam cap. Intet Canonicos cap. Scriptum est Ex capite qualiter extrau de elect Election confirmetion and consecration of a Bishop by vvhomel Extrau de postula one prelatorum cap. pennl Cap. vlt. extrau de Iure patronatus Glossa distâ—nâ—â— 63. cap. quaÌ„to extrau de postul prelatorum cap. Bonae memoriae Inuestitures desired by Princes but denyed by Popes Bald. l. rescrip in penul col in versiâ— Et ideo rex Angl. â—od de preci bus Imper. aufereÌ„dis 32. deâ—â—n cap. prater 〈◊〉 paragraph vetum dâ—stinct 96. cap Bene quidem 1. Ioan. 2. K. VVilliam Rufus began his raigne an 1087. and raigned 13. yeare to an 1100. K. VVilliam Rufus a good King for a time Florentius vvigorn an 1093. in annal Anglis Stovv an 5. Guliel Rufi CoÌ„mendation of S. Anselme Malmesb. l. 4. de Guliel 2. Florentius an 1095. Malmesb l. 1. de gâ—stis Pontif. Edmerus in vita Anselmâ— S. Anselm his pall brought him from Rome by the Popes Legat. S. Anselm his plaine dealing with K. Rufus VValsing iâ— Ypodig Neusâ—ria an 1â—97 The pitifull death of K. Rufus K. Henry the first began his raigne an 1100 and raigned 25 years vnto 1135. Florent in Chron. an 1100. The good beginning of K. Henry the first In vita Henriâ—â— primi Pope Pascalis his letter to K. Henry the first Malmesb. li. 5. annal in vit
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