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
visitation of the Ecclesiasticall estate and persons and for their reformation order and correction of the same and of all manner of errors heresies c. is given to the Queene with full power and authoritie to assigne nominate and authorize others also to exercise and execute vnder her highnes all and all manner of Iurisdiction priuiledges and preheminences in anie wise touching or concerning anie spirituall or Ecclesiasticall Iurisdiction and to visit reforme redresse order correct and amend c. 19. Which words may seem by their often naming of visitation and visiting that they meant onlie to make the Queene a visitrix ouer the Cleargie which importeth much limitation of supreme power and yet on the other side they giue her all Iurisdiction Ecclesiasticall that euer hath been heertofore or may be exercised by anie Ecclesiasticall authoritie or person and that both she and her substitutes haue all and all manner of Iurisdiction priuiledges and preheminences concerning spirituall affaires as you haue heard So as on the one side they seeme to restraine and limitt not calling her head of the Church as before in the stile of K. Henrie and K. Edward was accustomed but rather a supreme Visitrix as by these words appeereth And on the otherside they giuing her all and all manner of Iurisdiction Ecclesiasticall that by anie power or person Ecclesiasticall hath euer heertofore been vsed or may be vsed including no doubt therin both the Pope and all other Bishops or Archbishops that euer haue exercised Iurisdiction in England they make her spirituall head of the Church in the highest degree giuing her the thinge without the name and dazeling the eyes of the ordinarie Reader with these multitude of words subtilie couched togeather And why so thinke yon I shall breefly disclose the mysterie of this matter 20. When K. Henry the eight had taken the Title of Supreame head of the Church vpon him as also the gouernours of K. Edward had giuen the same vnto him being but yet a child of 9. years old the Protestants of other Countries which were glad to se England brake more and more from the Pope whome they feared yet not willing insteed therof to put themselues wholie vnder temporall Princes but rather to rest at their owne libertie of chosing congregations and presbyteryes to gouerne began to mislike with this English stile of Supreame head as well the Lutheranes as appeereth by diuers of their writings as also the Zuinglians and much more afterward the Caluinists whereupon Iohn Caluin their head and founder in his Commentary vpon Amos the Prophet inueigheth bitterlie against the said Title and authoritie of supreame head taken first by King Henry and saith it was Tyrannicall and impious And the same assertion he held during his life as after by occasion more particularlie shall be shewed And the whole body of Caluinists throughout other Countryes are of the same opinion and faith though in England they be vpon this point deuided into Protestants and Puritans as all men know 21. This then being the State of thinges when Q. Elizabeth began her Raigne those that were neerest about her and most preuailed in Counsell inclining to haue a change in Religion that therby also other changes of dignities offices and liuings might insue and desiring to reduce all to the new Queens disposition but yet finding great difficultie and resistance in many of the Caluinists to giue the accustomed Title of headship in respect of Iohn Caluins reprobation therof they deuised a new forme and featute of words wherby couertly to giue the substance without the name that is to saie the whole spirituall power iurisdiction of supreame head vnder the name of Visitrix or supreame gouernesse as in the Oath of the same Statute is set downe where euery man vnder forfiture of all his lands and liuings and life also in the third time is bound to sweare and professe that he beleiueth in his cōscience that the said Qneene is supreame gouernesse in all causes Ecclesiastical in this sense and that there is no other Spirituall power or Ecclesiasticall Iurisdiction ouer soules in England but this of the Qneene or such as commeth from her And this was also the high iniquitie of this tragicall Comedye among other that the whole Realme being almost all Catholike and of a contrarie beleife at that time was forced to sweare within thirtie daies after the said Act to this fantasticall deuise of giuing supreame authoritie Spirituall to a woman wherof by naturall diuine and humane law she is not capable as in the next chapter shall bee proued being a deuise of some few in a corner first and then procured by negociation to passe in Parlament or els to incurre the daunger of the foresaid penalties that is to saie either sacrilegiouslie to forsweare themselues against their consciences or to vndoe themselues and theirs in wordlie affaires a hard and miserable choise 22. But now to the point it self what reall and substantiall difference thinke you can their be imagined between the spirituall Authortie of Head-ship giuen vnto K. Henry the 8. by the Statute of the 26. yeare of his reigne and this of visitrix or supreame gouernesse giuen to Q. Elizabeth in the first of her reigne Was not the self-same power and Iurisdiction ment to be giuen And if there bee no difference in the thing it self why doe they fly the word in this which they vsed in that and why doe they vse such large circumloquutions of visiting ordering redressing and the like For as for K. Henries statute it beareth this Title An act concerning the Kings highnes to be supreame head of the Church of England c. And in the statute it self it is said Be it enacted by the Authoritie of this present Parlament that the King our soueraigne Lord his heirs and successors shall be taken accepted and reputed the onlie supreame head on earth of the Church of England called Anglicana Ecclesia And the same Title was 9. or 10. years after giuen in like manner to K. Edward the sixt by the same Authoritie of Parlament if in this Case it had anie authoritie anecting also therunto all Iurisdiction spirituall whatsoeuer as it appeereth by a certaine declaration therof made in the Statute of the first year of the said King It saith thus That for so much as all authoritie of iurisdiction spirituall and temporall is deriued and deducted from the Kings Maiestie as supreame head of these Churches and Realmes of England and Ireland and so iustlie acknowledged by the Cleargie therof and that all Courts Ecclesiasticall within these said two Realmes be kept by no other power and authority either forreine or within the Realme but by the Authoritie of his most excelent Maiesty Be it therfore enacted that all sommons and citations and other processes Ecclesiasticall in all causes of Bastardy Bygamye and such like called Ecclesiasticall shall be made in the name of our King c. And that in
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
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
the Kings Ecclesiasticall lavves or the Ecclesiasticall lavves of England Statut. de Consult editum an 24. E. 1. The explication true meaning of the former prouision 〈…〉 â—â—dâ—â—ations 〈◊〉 anno 5. Edouardi 2. 〈◊〉 18. 〈◊〉 â— cap. 5. Different Courtes shevv different origen of authorityes M. Attorneys common refuge refuted These 2. Kings made most restraints The punishment of these tvvo Princes and their posterity for their violence vsed tovvards the church Particular motiues of K. Edvvard 3. for proceeding as he had VValsingam in vit Ed. 1. anno â—341 The Kings letter to Pope Clement the sixt The complaint reasons against prouisions froÌ„ Rome * Sup. 35. â— â— VValsingam 〈◊〉 vita Edouards 3. The humble supplication of King Edvvard to the Pope before he made his restrictioÌ„s King Edvvardes great embassage vnto the Pope King Edvvards protestation of obedience for himself and his The continâ—ance of the Popes proâ—â—â—â—â— in England VValsing in vita Ed â— an 1366. Diuers other examples The lavve of premunire Polidor hist. Angl. lib. 19. A concordate betvvene the Pope and K. Edvv. for prouisions Supra cap. â— â— 4. 1. instance 16 â— 3. 〈◊〉 excom 4. 1. Ansvvere VValsing in vita Edou 3. anno 1340. â— instance In the Raigne of Ed. 3. â— Ansvvere Snprâ— fol 9. The common lavv cannot determine vvho shall giue cure of benefices vvith spirituall authority belonging therevnto This instance maketh against M. Attorney himselfe 3. Instance 17. â— 3. 23. 20. E 3. enâ—oâ—â—â— 9.16 E. 3 tit bâ—â—u 66. 21 E. 3.6 â— H. 7. 14. Fâ—â—z Na. br 2. Ed. 3. â—â—t excom 6. 21 E. 3. 4. fol. 4. 23. E 3. l. Ass pl. 75. 27. Ed. 3. fol 84. Fitz Na. Br. fol. 34. The Ansvvere to the first second 26. 〈◊〉 King Edâ—vard did not giue Episcopal iurisdictioÌ„ Supra cap. 2. 3. The saying of the Emp. Valentin Supra cap. 4. Supra cap. 6. To the 4. Trifling obiectioÌ„s To the 5. To the sixth Supra cap. 7. M. Attorneys case plaine against himself The 4. Instance 30. E. 3. l. ass pl. 19. 32. H. 4. 16 14 H. 4. 14. 8. H. 6. fol. 3. 35. H. 6. 42. 28 H 6. 1. 7. Ed. 36 14. 11. E. 4. 16 Fitz. Na. Br. fol. 64 E. vide 9. E. 4. fol. 3. hereafter fol. 11. It ought to be determined in the Ecclesiastical Courtes of EnglaÌ„d 21. E. 3. tit excoâ— 6. 31 â— 3. tit Ayde de Roy 103. The Ansvvere Bulls from Rome not admitted except they come certifyed froÌ„ some Prelate at home Sâ—â— Sup. cap. 7. Kings are capable of ecclesiasticall iurisdiction by commission The â— Instance 38. ass pl. 30. See the stat of 15. E. t. c. 4. 31. E. â— c. 11. 38. Ass. pl. 22. 46. E. â— tit pramunure 6. 49. E. 3. l. Ass. pl. 8. The Ansvvere Some things may beloÌ„g to differeÌ„t courtes in different respects Supra in 〈◊〉 â— VVhy the Abbot of VValtam vvas seuerely punished The â— Instance The summe of the first restraint about Prouisions Stat. 25. E. 3. de prouisoribus The Ansvvere AgreemeÌ„t betvvene the King and Pope about prouisioÌ„s VValsing in vita 〈◊〉 an 1371. See S. Bernard a◠〈◊〉 â—l 2. de Consideracione ad Eugeniâ—â— Of the reasons manner of coÌ„cluding these restraints by K. E. the 3. King Edvvards restraints diminished not his devv respect to the church An. 2â— E. 3. â—tat 3. Stat. â— cap. 1. 42. E. 3. â— 1. The disordinate life of K. Edvvard the third VValsing in vita Edouardi 3. an 1340. This King raigned 12 years froÌ„ 1377. to 1399. The causes of K. Richardes disorders King Richard often confirmed the libertyes of the church The practice of Church-libertyes by Clergy-men vnder K. Richard the second Respect borne by King Richard to the true Pope 2. Rich. 2. cap. 7. King Richard obeyed the Censures of the Church VValsing an 1379. M. Attorneys Instance out of this K. Raigne The crovvne of EnglaÌ„d not subiect to any in temporalityes In vvhat sense the Bishop yelded to the statute of Premunire K. Henr. 4. raigned 13. yeares from 1399. to 1412. Stovv in Kent 4. H. â— raigned ten years from 1412. to 1422. Richard Earle of Cambridg Henry lord Scroope treasurer Edmond Earle of March c. H. 6. raigned 18 yeres from 1422. to 146â— Polidor lib. 12. Hist. Augâ— in Hen. 6. VValsing in vita Henriei 4. an 1490. English Prelates sent to the Councell of CoÌ„stance Lavves for executing of Lollard and vvicklifists First Instance 2. H. 4. fol. 9. The Ansvvere Hovv Bishops may be called the Kings spirituall Iudges Supra cap. â— 2 Instance Fitz. Nat. 〈◊〉 269. This had a resemblance to an Attainder of treason â—herin there must be first an ind4ctment by one Iurie and a conuiction â—y anâ—ther 11. H. 4. 37. The Ansâ—â—re Tvvo condemnation not euer necessary in case of hâ—resy M. Attorneys marginal note reproued In Cod. l. Manicheos l. Arriani l. Quicunque apud Paul Diacon l. 14. 16. * See cap. ad abolendum cap. excoÌ„municamus extra de haeret in 6. de heret cap. Super co 6. Decâ—et l 5. 〈◊〉 2. de liçreticis An. 1227. Decree of Pope Gregory the nynth about proceeding against heretickes Causa 15. q. 7. c. Si quia tumidus ex con 1. Carthag Hovv the Pope in old time might alter English lavves 3 Instance 1. H. 4. fol. 69. 76. 14. H. 4. f. 14. vide 20. E. 3. l. ass pl. 19. before vide 13. E. 3. Certificat 6. vide 20. H. 6. 1. 35. H. 6. 42. 7. E. 14. Fitz. Na. Br. 46. ff 14. H. 4. 14. Statut. de 2. H. 4. cap. 3. Ansvvere to the first To the second VVhence Bishops courtes haue their authority * Râ—portes fol. 8. 9. To the third The King may commaund the Bishop to doe his duty 4 To the fourth 4 Instance Stat. 6. H. 4. 1. The Ansvvere Against brybing in Rome and other like abuses The first instaâ—ce of the Attorney Stat. de 3. H. 5 cap. 4. The Ansvvere This statute maketh nothing for M. Attorney Statut. de 2. H. 5. â— 7. Lâ—llardy a â—olio For as Cockâ—e is the 〈◊〉 of the Corne so is heresie the destruction of true religion Statut. de 2. H. 5. c. 1. The Ansvvere VVhy teÌ„porall Iustices medled vvith Lollards VValsing in vita Heâ—riâ—s 5. VVhence the name of Lollards vvas taken The three conuersions of EnglaÌ„d part 2. â—ap 9. nu 31. cap. 19. num 34. 35. c. For in his booke of Acts and monuments pag. 419. â— H. 6 fol. â— 9 H. 6. fol. 16. 1 H. 6. 1â— To the first Bullâ— could not be promulgated vvithout the certificate of a Bishop To the second See Supra cap. 6. 3 to the third K. Ed. 4. raigned .12 yeres from 1460. to 1483. Syr Thom. More in â—it Richards .2 〈◊〉 â— Richard 3. raigned from 14â—3 to 1485. K Henry the seueÌ„th raigned from 1485. to 1509. to vvit 24. yeres All fovver Princes agree in our
Queenes priuie Counsell and vvhether they vvere true or false yet touched they not Fa Garnet vvho neuer had acquaintance or treaty vvith them 36. And vvhereas you saie that he came into England with purpose to prepare the way against the great compounded nauy that followed in the yeare 1588. It is euident that his comming into England vvas tvvo yeares and a halfe at the least before the saied time vvhen there vvas neither notice nor speach nor perhapps so much as a thought of that nauie to come and vvhen aftervvard it appeared on our seas it had not so much as one English Priest or Iesuit in all that multitude of men vvhich is like it vvould haue had if M. Henry Garnet and M. Robert South-well that came in togeather had byn sent to prepare the vvaie for the same Your combinations also of bookes and attemptes the one allwaies as you saie accompanying the other though you esteemed it perhaps a vvittie fine deuise and probable to the vnlearned hearers that cannot distinguish of times or things yet others that looked into the matter more iudiciouslie and found neither coherence of time or subiect betvveene the booke by you named and the attempts pretended laughed in their sleeues remembring the saying of the Poet Non sat commodè diuisa sunt temporibus tibi Daue haec I vvill reapeat your vvordes of one onlie comparison and thereof let the rest be iudged Then cometh forth Squiar saie you with his plot of treason but this not alone neither but was accompanyed with another pernicious booke written by Dolman vvhich vvordes importe that Dolmans booke did accompanie Squiars treason but he that shall examine the order of Chronologie shal fynde in this matter that Dolmans booke vvas in print foure yeares at least before Squiars treason if he committed treason vvas euer heard of nor hath the argument of the booke anie more affinitie at all vvith Squiars fact then hath a fox vvith a figg tree but onlie that your floating Chimeraes intoxicating to vse your ovvne vvordes your hearers braynes doe make you seeme to speake oftentimes mysticallie vvhen in deede you speake miserablie 37. Yovv remember I thinke hovv the aforesaid gentleman in his booke for others doe not forget it gaue you a friendlie reprehension by the vvordes of the famous Orator Catulus or rather of Cicero in his name for a ridiculous fact of yours in vveeping and shedding manie teares in follovving the fiction of Squiars conspiracie at the barre therebie to vvynne credit and shevv your self admirable at that time to the Earle of Essex and others in authoritie but novv I am to expostulate vvith you vpon this occasion for another no lesse patheticall excesse vttered in pleading against M. Garnet vvherein not so much your teares did run as your haires did stand and stare and your eares glovv to heare blasphemie vttered by him in a certaine letter of his intercepted VVherein saie you was conteyned one of the most horrible blasphemyes that euer I heard proceed from any Atheist and maketh my haire to stand on end to thinke of it So you saie 38. And vvhat vvas this horrible blasphemie good Syr that put your tender and religious hart in such a pittifull plight and horror It follovveth that he had written with the iuyce of a lemmō to his friendes abroad out of the tower that he had byn often examined but nothing was produced against him but yet necesse est vt vnus homo moriatur pro populo So you alleadged the text and added presentlie See how he assumeth most blasphemously to himself the wordes that were spoken of Christ our Sauiour but I hope ere he dy he will repent him of this blasphemy 39. But good Syr did you looke vpon the place of S. Iohns gospell before you recited the same and plaied this pageant in so solemne an essemblie Yf you did then vvill you fynd that these vvordes vvere spoken by an euill man vnto an euill sense in his ovvne meaning to vvit by Caiphas that persuaded first in a Councell gathered vpon the resuscitation of Lazarus to put Christ to death thereby to content the Romanes vvho had the vvhole Ievvish nation in iealosie of their loyaltie tovvardes the Emperour and that novv by putting one to death that vvas accused though falslie to denie tribute to be paied to Cesar they should cleere their credit vvith the said Emperour and by his onlie death preuent the destruction of the said Ievvish people by the Romane armies and therefore he said Expedit nobis vt vnus homo moriatur pro populo non totagens pereat It is expedient for vs that one man dy for the people to the end the vvhole nation be not destroied And therefore he saieth not necesse est as you cite the vvordes but expedit to shevv his politicall drift therein 40. And this being Caiphas his crastie and vvicked counsaile and his vvordes in his sense bearing this meaning the holie ghost vvhich as S. Chrysostome and other holie Fathers doe affirme ostantum non scelestum eius cor attigit moued his tongue and not his vvicked mind and vvas in his vvordes not in his sense made him vnvvittinglie to vtter a prophesie and a great high misterie that except one man to vvit Christ should die for the sinnes of the people none could be saued Novv then Syr this sentence of Caiphas hauing tvvo meanings and senses as you haue heard let vs examine vvhich vvas most probable to be vsed and alluded vnto by M. Garnet vvho gathering by manie coniectures that you and some other of his good friendes had a great desire to bring the Iesuitts vvithin the compasse of this late odious treason or at least-vvise vvithin the suspition or hatred thereof for that the lay-gentlmen partakers of the fact vvere thought to be deuoted tovvardes them and their Order and seing that God vnexpectedlie had deliuered him into your handes he might verie vvell thinke that he at least should paie for the rest and die also of likeli-hood for disgracing the rest and in that sense alluded to the vvordes of Caiphas tending to like policie 41. But novv for the second sense vvhich particularlie designed the death of Christ our Sauiour for the redemption of man-kinde none I thinke is so simple as vvould imagine M. Garnet to applie to himself though in this point also M. Attorney is to be taught out of true diuinitie that diuerse places vttered litterallie of Christ in holie scripture maie secondarily also by allusion be applied vnto men and this vvithout all horror of blasphemie or imputation of Atheisme vvhich are M. Attorneyes passionate accusations in this place As for example vvhere the Prophet vvriteth of him Et cum iniquis reputatus est he vvas esteemed vvith the vvicked vvhich vvas meant immediatlie and principallie by the holie-ghost of Christ and yet by allusion it maie be applied to anie of his seruants And that