by the Emperour required to haue certaine Church-vessels deliuered vnto them S. Ambrose writeth thus Cum esset propositum vt Ecclesiae vasa iam traderenpius hoc responsi reddidi c. when it was proposed vnto me by the Emperours officers that we should presently deliuer vp the vessels of the Church behold Church-vessels of price in those daies I gaue this answere that if anie things of mine were demaunded either land or house or gold or syluer or anie other things that lay in my power to giue I would willinglie offer the same but from the Church of God I could take nothing away nor deliuer that which I had receiued to be kept And that in this point I did respect the health principally of the Emperours soule for that it was not expedient for me to deliuer the said Vessels nor for him to receiue them And that he should take in good parte the speach of a free Priest If the Emperour did loue himself he should doe well to cease from offeringe iniurie to Christ. So he And what would he haue said thinke you or answered if he had been in our English Parliament when K. Henry the 8. both demaunded and obtained not onlie the Vessels of many hundred Churches but the lands liuings houses and Churches also themselues which he pulled downe equalled with the ground or from sacred translated them to prophane vses 28. But let vs heare the same Doctor and Father handling this subiect more cleerly in another place to witt in a publike sermon to the people wherin he instructeth them of the true nature and subordination of these two Powers Spirituall and Temporall Ecclesiasticall and Imperiall Soluimus saith he quae sunt Caesaris Caesari quae sunt Dei Deo c. we doe pay vnto Caesar those things that belong to Caesar and we giue vnto God the things that appertaine vnto him Is it Caesars tribute that is demaunded we deny it not Is it the Church of God It ought not to be giuen vp to Caesar. For that the Temple of God cannot be the right of Caesar which we speake to the Emperours honour for what is more honorable vnto him then that he being an Emperour be called a child of the Church which when it is said it is spoken without sinne and to his grace for that a good Emperour is within the Church but not aboue the Church and he seeketh rather help of the Church than refuseth the same this as we speake in humilitie so with constancie wee freelie affirme it And albeit some doe heere threaten vs fire sword and exile yet we being Christs seruaunts haue learned not to feare such things and him that feareth not no threats can daunt 29. And finallie not to be longer in this matter the same good Bishop some few years after hauing occasion to reprehend and correct by his Ecclesiasticall Power and Iurisdiction the famous Emperour Theodosius the Great he failed not to vse the same and therby shewed the eminency of his iurisdiction aboue the other The occasion was for that the said good Emperour had suffered himself by the incitation of certaine of his courte about him to permit the sackage or spoile of the Citty of Thessolonica for certaine howers to his souldiars in reuenge or chastisement of a certaine disorder committed by them but the said sackage and massacre proceedinge further vpon furie of souldiars then the Emperours meaninge was and many thousands of innocent people slaine S. Ambrose wrote first an earnest epistle to the said Emperour laying before him the grieuousnes of his sinne and exhortinge him to doe pennance Wherin he when the Emperour performed not so much as hee desired proceeded further And when the Emperour came one day to the Church the foresaid Bishop went forth and met him without the Church dore forbidding him to enter therin as vnworthy the communion of Christian faithfull people vntill he had done sufficient pennance for his sinne which the good Emperour meeklie obaied as he did afterward also when he comminge to the Church to be reconciled and hauing made his offring he remained within the chauncell amonge the Priests But S. Ambrose sending vnto him his Deacon signified that that place was only for Priests and Clergie men and therfore he should departe forth into the body of the Church amonst lay men adding this sentence Purpurae Imperatores non sacerdotes efficit Purple robes make Emperours but not Priests Which admonition saith Theodorete the most faithfull Emperour tooke in good parte and said that he did not stay vvithin the chauncell vpon any presumption but for that he had learned that custome in Constantinople and therefore gaue him thankes also for this wholsome admonition So he 30 But all which is seene what eminency of Spirituall Authoritie was ascribed by these holy Fathers and Doctors to Bishops Priests and Clergie-men aboue Kings and Emperours and I might adde much more out of them to the same effect for confutation of M. Attorneys Paradox but that I am to reserue diuers things to the fourth chapter of this booke where I must answere his principall argument That vvhosoeuer ascribeth not all supreame power to Princes as well in Ecclesiasticall as Temporall matters maketh them no complete monarches But these holy Fathers of the auncient primitiue Church were of another iudgement as you see 31. Wherfore this being so that in the Church Common-wealth of Christ though Kings and Emperours be Supreame in temporall Authoritie and both honour obedience and tribute due vnto them in their degree as Christ and his Apostles doe teach yet that in spirituall and Ecclesiasticall matters concerning the soule Priests and Bishops are more eminent in Authoritie Hence it was deduced that for combininge these two Powers and Authoritie togeather in peace and vnion and due subordination in the Christian Common wealth the one hauinge need of the other for that neither the temporall partie can saue their soules without the spirituall function neither the Ecclesiasticall State be defended without the temporal sword hence I say it proceeded that presentlie after the entrance of Constantine the Emperour into the Church wherby Temporall Spirituall Power were to be conioyned togeather and exercised in one body though in different tribunalls distinct affaires seuerall laws and ordinances were set downe and agreed vpon how they should liue togeather in peace and concord and dutifull respect the one to the other the Ecclesiasticall partie by an auncient name euen from the Apostles time downwards being called the Cleargie which signifieth the Lott or peculiar in heritance of God himself and the temporall partie named the Laity which importeth as much as the rest of the people besides the Cleargie 32. These two parties I say are directed by most anncient laws both diuine and humane how to liue togeather in vnion due subordination giuing to each power and gouernment that which is due to each
the Archbishops and bishops seals of office for testisying of this the Kings Highnes armes be decentlie sett with Characters vnder the said Armes for the knowledge of the diocesse that they shall vse noe other seale of Iurisdiction but wherin his Maiestyes armes be engraued c. 23. Lo heere not onlie the name and Authoritie of head of the Church giuen to K. Edward the Child and taken from the Pope but all Iurisdiction also and signe of Iurisdiction spirituall taken from the Archbishops and Bishops of England excepting onlie so far forth as it was imparted vnto them by the said Child K. Which importeth much if you consider it well For this is not onlie to haue power to visitt and gouerne Ecclesiasticall persons and to reforme abuses Set downe in the Queenes graunt by parlament but to haue all Ecclesiasticall and spirituall power and iurisdiction originallie included in his owne person and so to be able from him self as from the first fountaine and highest origen on earth to deriue the partes parcells thereof to others which you may consider how different it is from that which here the Statute would seeme to ascribe to the Queene and opposite and contrarye to all that which the ancient Fathers in the precedent chapter did affirme protest not to be in their Kings and Emperours at all but in Bishops and Preists onlie as deliuered immediatlie to them by Christ our Sauiour and by them and from them onlie to be administred to others for their saluation But by this new order of the English Parlament the contrarie course is established to witt that it must come to Bishops and Preists from a laie man yea a Child and from a lay-woman also as the other Parlament determineth and then must it needs follow also as after more larglie shall bee proued that both the one and the other I meane K. Edward and Queen Elizabeth had power not onlie to giue this Ecclesiasticall iurisdictiō vnto others but much more to vse and exercise the same in like manner in their owne persons if they would as namelie to giue holie orders create consecrate Bishops confirme Children absolue sinnes administer Sacraments teach and preach iudge and determine in points of faith and beleife sitt in iudgement vpon errors and heresies and the like And this for K. Edward 24. Now then if it may be presumed as I thinke it may that Queene Elizabeths meaning was to haue no lesse Authoritie Spirituall and Ecclesiasticall giuen vnto her and acknowledged in her then her said Father and Brother had vsed before why did not the makers of this Statute set it downe in plaine words as the other did but disguised the matter by such māner of speach as they might seeme to giue but little wheras they gaue all and more then all The Cause was that which I haue said before for which they laboured not to be vnderstood of all men but to speake as it were in mysterye not to offend so publikelie the Caluinists and yet to include matter inough to ouerthrow Catholikes But the said exacter parte and purer Caluinists quicklie found out the matter and so they began verie shortly after to mutter and write against this and diuers other points of the Statute and so haue continued euer since and the Controuersie betweene them is indeterminable 25. Well then for so much as now we haue laid open the true state of the Question and that M. Attorney is bound to proue his proposition in this sense and explication that heere is sett downe out of K. Henry and K. Edwards Statutes to witt that Q. Elizabeth had all plenarie power of Spirituall Iurisdiction in her self to deriue vnto others at her pleasure as from the head and fountaine thereof And that no Bishop Archbishop or other Ecclesiasticall person within the Realme had or could haue anie spirituall power or iurisdiction but from the wellspring and supreame sourge thereof And this not onlie by vertue of the foresaid Statute of the first yeare of her raigne but before without this also by the verie force of her Princely Crowne according to the meaning of the old and most auncient cōmon laws of England It will be time now to passe on to the veiw of his proofes which for so new strange and weightie an assertion that toucheth if wee beleiue the former alleadged Fathers the very quicke and one of the neerest means of our eternal saluation or damnation ought to bee very cleere sound and substantiall We shall see in the sequent Chapter what they are VVHERAS IN THE CASE PROPOSED THERE MAY BE TVVO KINDES OF PROOFES The one DE IVRE the other DE FACTO M. Attorney is shewed to haue fayled in both and that we doe euidently demonstrate in the one and in the other And first in that DE IVRE CHAP. IIII. THat the late Queene of England had such plenary Ecclesiasticall Power as before had byn said this by the intent meaninge of the old ancient Common-lawes of Englād though vnto me to many others it seeme a most improbable Paradox and doe meane afterwardes by Gods assistance to prooue and euidently demonstrate the same and shew that from our first Christiā Kings vnto K. Henry the eight the Common-lawes of our Land were euer conforme and subordinate to the Canō Ecclesiasticall lawes of the Roman Church in all spirituall affayres yet for so much as M. Attorney hath taken vpon him to prooue the contrary two heades of proofe he may follow therin The first De Iure the second De facto And albeit he entitle his Booke according to the first to witt De Iure Regis Ecclesiastico yet doth he nothing lesse then prosecute that kind of proofe but rather flippeth to the second which is De Facto endeauoring to prooue that certaine Kings made certaine lawes or attempted certaine factes somtimes and vpon some occasions that might seeeme somwhat to smel or taste of Ecclesiasticall power assumed to themselues in derogation or restraint of that of the Bishops Popes or Sea of Rome 2. Now albeit this were so and graunted as after it will be reproued yet well knoweth M. Attorney that an argument De facto inferreth not a proofe De Iure For if all the factes of our Kings among others should be sufficient to iustifie all matters done by them then would for example fornication be proued lawfull for that some of them are knowne to haue had vnlawfull children and left bastardes behinde them And the like we might exemplify in other things Neither doe I alleadge this instance without peculiar cause or similitude For as in that vnlawfull act of the flesh they yelded rather to passion and lust then to their owne reason iudgment knowing well inough that they did amisse when they were voyd of the same passion so in some of these actions of contention about Ecclesiasticall Iurisdiction some of them were byassed with interest somtymes by indignation
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
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
Church and such as had cheife spirituall authoritie therin from time to time of whome Christ meant when he said Dic Ecclesiae denounce it to the Church and againe If he heare not the Church let him be to thee as a heathen or publican so in like manner must we say in these daies nor haue we any other reasonable answere why we beleeue any one booke of the new or old Testament to be scripture that is to saie to containe doctrine of the holie ghost and not of man but for that the gouernours of our Church which haue spirituall power among vs doe tell vs so 4. Yea all Sectaries likewise of what sorte or sect soeuer are forced to follow the same rule for that whatsoeuer they admit to be scripture they admit the same either vpon the credit of our Church and gouernours therof or of their owne or of both but especially indeed of their owne which is seen by their doubting or reiecting of any parcels of scripture doubted of or reiected by their owne leaders though admitted by ours As for example the booke of vvisedome of Toby Iudith Ecclesiasticus the first and second of Machabees and other parcels of the old Testament reiected by Luther and Lutherans as also the Epistle of S. Iames the second and third of S. Peter the Apocalips and other peeces of the new testament which our Church admitteth simply But Caluin and Caluinists though expreslie they reiect them not with the Lutherans as appeareth by our English Church where they are left to stand in the Bible yet is their admission so could and conditionall as it may rather seeme a curteous dimission then any way a faithfull or confident acceptation 5. And the same may be said of any other particular point or points of doctrine of any Religion or sect whatsoeuer the leaders or gouernours that are presumed to haue cheife authoritie must iudge and discerne distinguish expound and determine what is to be beleued or not what is to be held and taught or reiected and finallie what is to be done and practised what Sacraments what Ceremonies what Customes are to be vsed hovv where and when And last of all this second part of power and authoritie rule order gouerment and iurisdiction is that which giueth light direction and life to euerie religion And for so much as there can be but one true that can bring vs to saluation it followeth that whersoeuer this true spirituall power and iurisdiction is found there is the onlie true religion also which a man may securelie follow yea that vnder paine of eternall damnation he is bound to follow for that this authoritie will lead him to life euerlasting Christ hauing giuen the keies of heauen thervnto that is to say full power to shut and open heauen by binding or loosing sinnes vpon earth and that in such sort saith S. Chrysostome and all other ancient Fathers with him that the Courte or Tribunall of heauen standeth expecting vvhat is done vpon earth to confirme the same there for so much as euer since this admirable vniuersall and dreadfull authoritie was giuen say they by Christ vpon earth vnto the Gouernours of his Church nothing is done in that Court of heauen but by presidence and predetermination of that which is done or sentenced in the Tribunall of the militant Church on earth that is to say he that is here absolued is absolued there he that is here condemned is condemned there without remission VVherof also the said Fathers do inferre that to find out this authoritie and to follow the same and the direction therof is the only sure way to saluation And that the erring herin either wilfully or of ignorance is the most certaine path to damnation for that by no other ordinary means since this Commission giuen and authoritie instituted among Christians is any grace fauour pardon light direction or other spirituall benefit to be receiued from God but by way of this subordination of spirituall authoritie appointed in his Church 6. VVherfore al hope of life depēding as you see of this soueraigne point so as whosoeuer erreth in this erreth in al ech man wil easilie cōsider how much it importeth him to looke well thervnto and to stand attentiue and vigilant in the discussion therof to see whence and how and by what means and from what sourge and fountaine this authoritie and spirituall Iurisdiction is deriued In which point the three professors of different religions before mentioned doe principally differ and distinguish themselues The Protestāt deducing this spiritual power from the temporall Prince or rather Princesse vnder Q. Elizabeth The Puritane from the people The Catholicke from the succession of Bishops from Christs time downe wards and especially from the highest which they hold to be S. Peter and his successours And which part soeuer of these three hitteth right goeth happely securelie the other two doe run to euerlasting perditiō 7. The Protestant for his ground hath those sayings of scripture That all orderly authoritie is from God That vve must giue to Cesar that vvhich is Cesars That Princes are to be honoured and obeyed for God and Kings as highest in dignitie and that he vvhich resisteth lavvfull authoritie resisteth Gods ordination and therby incurreth damnation c. All which the other two parties granting doe affirme to haue byn vnderstood of temporall authoritie only for gouerning the Commonwealth and not of spirituall for gouerning of soules which they proue for that all Kings and Princes were then infidels and especially the Roman Emperours of whom this was principally meant who by these places of scriptures cannot be said to haue receiued Commission to gouerne the Christian Church which was in their times and vnder their dominions but onlie in temporall matters and Ciuill affaires And that the spirituall power and iurisdiction wherof we talke was at that time in another sorte of men to wit in the Apostles and their successours which were Bishops according to the testimonie of S. Paul in the Acts of the Apostles speaking vnto them and saying The holie Ghost hath placed you Bishops to gouerne his Church vvhich he hath purchased vvith his ovvne bloud 8. The Puritanes or rigid Caluinists haue for their ground certaine elections made by the people and recorded as well in the Acts of the Apostles as in other histories of the Primitiue Church as for example when they chose two in the place of Iudas to wit Ioseph and Matthias to bee determined by lot which of them should be And when afterward they chose S. Stephen six others to supply the place of Deacons many times afterward in the primitiue Church we read that the people did choose or name their Bishops But to this the other two parties doe answere that in the first two examples out of the Acts of the Apostles it is euident by the Text that those elections or nominations
were permitted to the people by the Apostles themselues for their comforte and encouragement but that the parties so chosen had receiued their authority spiritual iurisdiction from the Apostles themselues And the like is answered for the times ensuing wherin the Bishops did oftentimes permit the said electios to the people for their greater cōtentment consolation in those daies of persecutiō to choose nominate for their Bishop Pastor the man whom they best liked who afterward was inuested cōsecrated by the said Bishops notwithstāding tooke his iurisdiction and spirituall power from them to whom properly that power and authoritie belonged to ordaine both Bishops and Priests as we see the Apostles themselues did euerie where and gaue the like authoritie to others ordained by them As we read that S. Paul hauing made Titus Bishop of Creta gaue him order also to ordaine vt cōstituas per ciuitates presbyteros sicut ego disposui tibi That thou ordaine Priests for Citties as I haue appointed thee 9. The Catholickes for their groūd haue this That Bishops only Priests were made spirituall gouernous of Christs Church by Christ himself and so continued vader Infidel Emperours for three hundered yeares togeather vntill the time of Constantine the great that was first conuerted as afterward more largely will be shewed in due place and that this authoritie is to continue in lawfull succession of Bishops by ordination and imposition of hands vntill the worlds end And that neither temporall Prince can haue this except he be also Priest and receiued it by the same ordinary way of ordination and succession whereof Q. Elizabeth was not capable and much lesse the common people except only by permission to elect and nominate as hath byn said wherof ensueth that if they haue not this spirituall authority in themselues much lesse can they giue it to others And thus according to the Catholickes iudgment doe faile the grounds both of the Protestant and Puritan in this great affaire and failing in this doe faile in all the rest for that of this dependeth all as before hath byn said 10. For if in their Religions there be no true authoritie spirituall or iurisdiction deriued by ordinarie means and succession from Christ then are they awry in all nor haue they any true authority to preach administer Sacraments absolue or bind from sinnes iudge of doctrine determine or decree of any spirituall action whatsoeuer nor are they within the compasse of Christs Church or state of saluation as by necessarie consequence doth ensue and the like of the Catholickes if they in this point be amisse 11. And herby we may see the importance now of this controuersie between M. Attorney and me as also their shallow vnderstāding if they speake as they thinke or rather malicious folly if they doe not who affirme euery where in their bookes against Catholickes that Protestants and Puritanes are but onlie iarring-brethren and reconcilable between themselues and that their differences are not in principall points of Religion but in certaine lesser things and ceremonies For that this being indeed not onlie so substantiall a point of doctrine as before you haue heard but containing also the whole second part of Religion before mentioned to wit all that belongeth to power authoritie gouernement and iurisdiction by which Religion hath her life vertue force and efficacy It is easily seen how vaine and false or rather ridiculous and pernicious the other assertion is and if we well enter into the examination of particulars we shall easilie see the same 12. For suppose for examples sake that the Protestants ground be true that all spirituall iurisdiction force and efficacie therof came vnto their Church in Queene Elizabeths time by her and from her out of the Right of her Crowne that the Puritanes ground be false who pretend the same from the people I meane from their owne Congregations Classes Presbyteries for no other gaue it them what followeth of all this No doubt it must needs follow by manifest consequence of truth that the Puritanes haue no authoritie or spirituall iurisdiction in the Church of God at all nor are lawfull Pastors but vsurpers and intruders and that they entred not by the doore as Christ saith but by other means that is to saie not by the ordinarie doore of lawfull vocation ordination and succession of Priesthood Of which doore the Apostle S. Paul made such high accompt as hauing set downe that vninersal proposition to the Hebrews Nec quisquam sumit sibi honorem sed qui vocatur a Deo tanquam Aâron That no man taketh vnto him the honour of being a Bishop or Priest but he that is called by God therevnto as Aâron was in the old law After this I saie he passeth on to proue that Christ himself the sonne of God tooke not this honour of high Priesthood vpon him but by the publike testimonie of his said Fathers vocation set downe by the Prophet Dauid manie hundred years before he was borne Tu es sacerdos in aeternum secūdum ordinem Melchisedech Thou art a Priest for euer after the order of Melchisedech and not of Aâron And according to this high order of Melchisedech that was both King and Priest and whose sacrifice was not of beasts and birds as those of Aâron but of bread and wyne onlie to prefigurate the most pure and holie sacrifice that Christian Priests were to offer afterward to the worldes end of the body and bloud of Christ in like formes of bread and wyne as all ancient Fathers doe expound it Of this order I say Christ being high Priest made all his Apostles Priests and they others after them and they others againe by the ordinarie way of ordination imposition of hands and succession which hath endured from their time to ours and shall from ours vntill the day of iudgement 13. And this ordinarie doore so called by Christ our Sauiour of entring into spirituall authoritie and iurisdiction ouer his flocke is of such high esteeme and importance that as the first generall doore wherby a man must enter to be a sheep in the said flocke to wit Baptisme is a Sacrament not reiterable and so absolutelie necessarie as no man can enter by any other way so likwise this other particuler doore of entring into Prelacie or Pastor-shipp ouer Christs flocke was ordayned a Sacrament by our Sauiour no lesse necessarie for distinguishing theeues robbers and intruders from true and lawfull Pastors to vse our Sauiours similitude then the other of Baptisme to distinguish sheep from wolues and Christs flocke from Infidells and others of the Synagoge of Satan 14. And now in all this which we haue spoken by occasion of the Puritanes pretence to enter into spirituall gouerment ouer Christs flocke by voice and choise of their owne people we doe not much differ from their Maister and Doctor Iohn Caluin who confesseth that this
Iurisdiction be of Gods institution also and duelie to be honoured in his Church and Christian common wealth as before wee haue shewed yet doe they teach the same to be far otherwise deriued and receiued from God then is Spirituall Power that is to saie not immediatlie by Gods owne deliuerie therof but mediatlie rather to witt by meditation of the law of nature and nations For by the law of nature God â—ath ordeined that there should be politicall gouernment for that otherwise no multitude could be preserued which the law of nations assuming hath transferred that gouernment vnto one or more according to the particular formes therof as Monarchie Aristocracy or Democracy or mixt wherin is to be noted that the ordination of God by the law of nature doth giue politicall Power vnto the multitude immediately and by them mediately to one or more as hath been said But Spirituall Power Christ gaue immediatly and by himself to the Apostles and their Successors by these words whatsoeuer you shall bind vpon earth the same sâ—all be bound in heauen And whatsoeuer you shall loose one earth shall be loosed in heauen Wherby you se a generall large commission graunted to them of binding loosing Quaecunque whatsoeuer without exception And the like to S. Peter as head and chiefe by speciall power and commission of those words Pasce oues meas Pasce agnos meos Feed my sheep feed my lambs thryse repeated signifying therby the Preheminence and Primacy of his Pastorall Authoritie in Gods Church as the auncient Fathers haue allwayes vnderstood the same For that to the office of Supreame feedinge is required also all other authoritie necessarie to gouerne direct commaund restraine and punish in like manner when need requireth 8. About which point is to be obserued and considered attentâ—uelie say Catholike Deuines and most learned lawyers that when God almightie giueth any office he giueth also sufficient Power and Authoritie euery way to execute that office as when he giueth the office of a King or temporal Magistrate for good of the Common-wealth he giueth Authoritie therwith not onlie to direct command and instruct but to punish and compell also yea and to extirpate and cut of those when need is that are rebellions or otherwise deserue that punishment And the like is to be obserued in Spirituall Power and Iurisdiction according to which the Ciuil law saith Cui Iurisdictio data est ea quoque concessa esse intelliguntur sine quibus Iurisdictio expleri non potuit To whosoeuer iurisdiction is giuen to him also must we vnderstand to be graunted all those thinges without which his Iurisdiction cannot be fulfilled And the Canon law to the same effect Iurisdictio nullius videretur esse momenti si coërcionem aliquam non haberet Iurisdiction would seeme to be of no moment if it had not some power to compell And finally it is a general rule giuen in the said Canon law that when anie cause is committed to anie man he is vnderstood to receiue also ful authoritie in al matters belonging to that cause 9. Out of all which is deduced that for so much as Christ our Sauiour God and Man hauing purchased to him felfe by the price of his owne blood a most deerlie beloued Church and committed the same as S. Paul saith to be gouerned by his Apostles and Bishops their successours vnto the worlds end it must needs follow that he hath indowed the same Church with sufficient spirituall Authoritie both directiue and coactiue to that end for gouerning our soules no lesse than he hath done the temporal CoÌ„monwealth for affaires of the body Nay much more by how much greater the importance is of the one than of the other as before hath been said 10. If you aske me yet more particularlie where and how by what commission and to whom Christ our Sauiour left this high Spiritual Power in his Church what it is and wherin it consisteth I answere first to the last that it consisteth as often hath been said in guiding our soules in this world to euerlasting saluation in the next Which thinge for that principallie it dependeth of this that we auoide sinnes in this life or if we committ them that they be pardoned vs or corrected by this Power Christ our Sauiour doth most aptlie giue and describe the same Power by the words of binding or loosing sinnes And therefore in the foresaid place alleadged out of S. Matthew his Ghospel he giueth the said commission as you haue heard VVhatsoeuer you shal binde or loose vpon earth shal be bound or loosed in heauen Wherby the Church of God hath allwaies vnderstood full authoritie of Iudicature to haue been giuen to the Apostles and their successors to discerne iudge binde or loose in all things belonging to this end of directing soules 11. Truth it is that diuers learned deuines are of opinion that in these places Christ did but promise to his Apostles to giue them this high iudiciall authoritie in his Church when by his death and resurrection it should be founded And that the actuall performance of this promise was made vnto them in the 20. if S. Iohns ghospell where Christ said vnto them Sicut misit me pater ego mitto vos As my father sent me so I doe send you and then presentlie breathing vpon then he addeth Receiue the Holie-ghost whose sinnes you shall forgiue they are forgiuen vnto them and whose you shal retaine they are retained Where we se that Christ speaketh now in the present tense they are forgiuen and they are retained and not in the future as before in the place of S. Matthew his ghospell And we must note that those words of our Sauiour As my father sent mee so I doe send you are vnderstood by auncient Doctors of Authoritie as though he had said that with the same power authoritie that my father sent mee into this world to gather gouerne my Church I doe also send you that is to saie withall spirituall power necessarie to your office and charge both on earth and in heanen And therfore he saith in S. Matthew his Ghospell That whatsoeuer they shall binde or loose vpon earth which are the Acts of high iudges shall be loosed or bound in heauen 12. And to S. Peter in like manner as Cheif of the rest the promise of his Supreame and singular power besides the other which out of the former general commission he receiued with the rest of the Apostles was made vnto him first in S. Matthews ghospell when Christ said Thou art Peter which signifieth a stone or rocke and vpon this rock will I build my Church and will giue vnto thee the keies of the Kingdome of heauen c. Which he perfourmed afterward in the 21. chapter of S. Iohn after his resurrection when asking him three times of his loue towards him he as manie times gaue him coÌ„mission of high-pastor ouer
other especiallie in these points following which Catholike deuines and Canon-lawyers doe larglie handle But I shall breiflie touch the sunne onlie in this place so far is it may appertaine to better decision of this our controuersie Noting first by the way for the Reader his better aduertisement that these two Powers of Spirituall and Temporall Iurisdiction being different as hath been said and hauing so different ends and obiects and proceeding so differentlie from God by different means and manners and that they may be separated and remaine seuerally and alone in different subiects as they did for diuers ages togeather in the primitiue Church All this I saie being so it followeth that it is no good argument but rather a manifest fallacie to inferre the one of the other as to saie he hath spiritual Iurisdiction ouer me and therfore also temporall which followeth not and much lesse the contrarie he hath temporall Authoritie ouer any ergo spiritual also And least of all as M. Atorney argueth euery-where A Prince or Monarch hath supreame authoritie temporal ergo also spirituall for that the one may be without the other as comming downe from one origen by different means and to different ends as before hath been declared Now then let vs passe to the decisions aboue mencioned for due Subordination in these two Powers THE THIRD PART OF THIS CHAPTER Shewing how these two Povvers and Iurisdictions may stand well togeather in agreement peace and vnion 4. II. 33. The first affertion both of Deuines and Canonists is that notwithstanding the former Prerogatiues of Spirituall Power aboue Temporall yet when they are conioyned in one Common-wealth as they haue been in the Catholike Church for these thirteene hundred years at least since the Conuersion of Constantine the Emperour the Cleargie and Ecclesiasticall persons of euerie Realme as members of that Common-wealth are subiect vnto the Emperour King or other head of that Ciuill and politicke body or Common-wealth in al temporall laws and ordinances not contrary to Gods law nor the Cannons of holie Church and are punishable for the same though not in temporall courts but spirituall as after ward in the third assertion shall be declared As for example when the Ciuill magistrate appointeth things to be solde at such or such price that no man goe by night with armes or carry out cōmodities of the Realme without licence and the like cleargie men as Cittizens of the Common-wealth are subiect also vnto these laws which are made for direction of of the Common-wealth to peace aboundance and prosperitie and consequentlie are to be obserued also by Bishops Priests and Cleargie-men 34. And in this sense are to be vnderstood the words both of our Sauiour and his Apostles when they ordaine all obedience to be exhibited by all Christians to their temporall Princes without exception of anie yea though they were euill men or infidells AS namely where S. Paul saith Omnia anima potestatibus sublimioribus subdita sit Let euery soule be subiect to higher powers which S. Peter expoundeth siuè Regi siuè Ducibus c. Whether it be to Kings Dukes and the like Vpon which place to S. Paul the holie Doctor S. Chrysostome inferreth that politicall and temporall laws are not abrogated by the ghospell but that both Priests and monkes are bound to obey the same in temporall affairs And Valentinian the good Christian Emperour in a certaine Epistle of his to the Bishops of Asia aboue 12. hundred years gone said◠that good Bishops doe obey not only the laws of God but of Kings likewise Which Pope Nicolas the first writing to Michaell the Emperour doth proue when he saith that Christian Emperours doe need Bishops for the attaining of euerlasting life But that Bishops doe need Kings and Emperours onlie to vse their laws for their direction in temporall affaires And finally the matter is cleer not onlie by the testimonie and practise of the primitiue Church say our Deuines but also by reason it selfe For that if any sorte of people should liue in a Common-wealth and not obserue the laws therof it would be a perturbation to the whole And for that these Ciuill laws albeit their immediate end be temporall good yet may the obseruation therof be referred also to a higher spirituall end by good men and therfore are all good subiects bound to obey them And this for the first point 35. The second is that in causes meere Ecclesiasticall and Spirituall which appertaine to Religion Faith Sacraments holie Orders and the like and are to be determined out of the ghospell Councells Canons and Doctors of the Church In all these affaires Catholike deuines holde that Ecclesiasticall persons are no way subiect to temporall Princes for the reasons before alleadged of preheminēcy of Spiritual Power aboue Temporal in these affaires In respect wherof the holie auncient Bishops did stand with Christian Emperours and auerre their Authoritie to be aboue the others as before out of S. Gregorie Nazianzen S. Ambrose S. Chrisostome and others you haue heard declared So as heere you se a mutuall Subordination of Preists to Princes in Ciuill and temporall matters and of Princes to Preists and Bishops in spirituall affaires which according to S. Gregorie Nazianzen his comparison before mencioned may thus be expressed that the soule in matters of this life though with some griefe and regreate of spirit in good men is bound to follow the direction and law of the body for health strength and other such corporall commodities and the body in matters of life euerlasting must be content to follow the soule and direction of spirit and so is bound to doe though with repugnance oftentimes of the flesh as in fasting praying pennance other such like exercise And wheresoeuer these two mutuall subordinations be wel obserued there the Common wealth goeth forward wel and prosperouslie and contrarywise where the said subordination is neglected or perturbed there all goeth out of order and ioynt 36. But now there remaineth a third point of further moderation between these two Powers which is accordinge to our deuines and Canon-lawyers That albeit Ecclesiastical men be subiect to the obseruation of temporall laws as before is said yet are as well their persons as their goods free and exempted from the temporall magistrate and his tribunalls euen in those causes also in so much that if Cleargie men doe offend against the laws of the Common-wealth they are to be iudged and condemned by Ecclesiasticall iudges in the Courts and tribunals of their prelats and afterward to be deliuered to secular power to inflict the decreed punishmēt vpon them which they shall be found worthie of Their goods also both Ecclesiasticall and temporall are exempted from all secular power and their impositions or exactions by auncient Decrees and Constitutions as well of the Church as of old Christian Emperours in honorem Cleri in honour of the Cleargy to vse the auncient word
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
Valentinian the elder who refused to be present and much more President in certaine conferences about religion betwene the Catholicke Bishops the Arrians vpon consideration of these two distinct Orders of Clergie and lay-men though he were inuited therunto by Catholicke Bishops themselues Mihi quidem saith he cum vnus de populo sim fas non est talia perscrutari verum sacerdotes qui bus haec cura est apud semetipsos congregentur vbi voluerint Vnto me that am but one of the lay people it is not lawfull to examine such things as appertayne vnto religion but let priests to whome this care is committed meet togeather amoÌ„g themselues to discusle the matter where they will So much was this distinction between lay-men and priests esteemed by this auncient Christian Emperour 11. Secondly I demaund of M Attorney concerning his distinction of Courtes and causes to be handled therin Temporll Spirituall how it commeth to passe that the Conusaunce of such causes as here he calleth Spirituall belong not as he saith to the Common-lawes of England No nor as presently after he affirmeth could not belong For that they are not within the conusaunce of the sayd Common-laws And why is this I praye you For if the temporall Prince be equallie head in both causes and in both Iurisdictions and that the power to knowe discerne iudge in both sortes doe descend only from the temporall Prince as before out of the Statute of King Edward the 6. you haue heard by the Statute-makers determined and M. Attorney confirmeth euery where in these Reportes then should the common-Lawes of our Realme which are the temporall Princes law be coÌ„mon indeed according to their name to all causes aswel Spirituall as Temporall for that their author and origen which is the King hath equall Power Iurisdiction in both for that it is a maxime vncontrollable that according to the Iurisdiction of the Lâ—w maker vertue and power of the law doth extend it selfe And then doth M. Attorney affirme that the conusaunce of so many Ecclesiasticall causes as he setteth downe is not within the compasse of our Common-lawes or what compasse will he assigne or lymitt to that Princes lawes that according to this assertion hath power in all Is not this to contradict himself and to ouerthrow with the one hand that which he goeth about to establish with the other For if the Kings power be common to both causes aswell Ecclesiasticall as Temporall then must the Kings Common-lawes be common to both Courtes and matters therin handled 12. But let vs see a certaine sleight or euasion of his worth the noting As in temporall causes saith he the King by the mouth of the Iudges in his Courtes of Iustice doth iudge and determyne the same by the temporall lawes of England so in causes Ecclesiasticall as Blasphemy Apostacy Heresyes Ordering Institutions of Clerkes c. the same are to be determined and decyded by Ecclesiasticall Iudges according to the Kings Ecclesiasticall lawes of this Realme Marke here gentle reader how M. Atnorney playeth wyly beguyly For according to the proportion of his coÌ„parison he should haue coÌ„cluded thus So the King by the â—outh of his Ecclesiasticall Iudges doth iudge and determine the said Spirituall Ecclesiastical causes by his owne Ecclesiasticall lawes But this he foresaw would include this great inconuenience among others that if he said that the King did iudge determine by the mouthes of his spirituall Iudges the aforesaid spirituall causes as he doth the temporall then might he doe the same yea and exercise them also immediatly by himself if need were aswell as by others for in all temporall iudgments and affayres the King may sit himself in courte and performe in person whatsoeuer his Officers by his authority doe or may doe which yet M. Attorney saw would be somwhat absurde to graunt in the spirituall causes proponed by him of Blasphemy Ordering of Priests or giuing holy Orders Institutions of Clerkes Celebration of diuine seruice and the like to witt that the King should performe them immediately in his owne person for who would not say it were absurde for example that the King should sing or say the common seruice to the people or administer the Sacrament of Absolution or Marriage or giue holy Orders and the like which yet the Bishop of Rome and all other Bishops or Prelates neuer so great doe may doe without inconuenience And in truthe it followeth euidently that he who can giue authority or power for another to doe a thing as from himself and in his name may performe the same in person also if he list at least wise it cannot be vnlawfull for him so to doe And therfore coming to the application of his comparison he changeth his phrase and saith that the same are to be determined and decyded by Ecclesiasticall Iudges according to the Kings Ecclesiasticall lawes of this Realme 13. Wherin you must note another shifte more poore and silly then the former for that hauing declared vnto vs before that there are two generall partes and members of the Realme to witt the Clergy and the Laity and that these two haue two seuerall Tribunalls in their affaires gouerned by two sortes of different lawes Temporall and Ecâ—lesiasticall Common and Canon and these deriued from two different Authors and origens the Common-law from the temporall Prince and Commonweath Ecclesiasticall from others saith M. Atorney but specifieth not from whom or whence though all the world knowe that they come originally from the Church Sea Apostolique all which inferreth distinct originall Iurisdictions M. Attorney by his great witt hath deuised a newe sleight neuer perhaps yet heard of in the world before which is to make these Ecclesiasticall lawes though deriued from others to be the Kings owne lawes for that he approueth and alloweth them within the Realme and consequently that all lawes both Temporall and Spirituall doe come from the King as their Author which is a token that he hath full Supreame power And this singular deuise pleaseth him so well as he repeateth the same sundrie tymes in this Treatise You shall heare the same in his owne words in this place how dangerous and preiudicyall a Conclusion he buildeth vpon the same against Catholiques 14. For as the Romans saith he fetching diuers lawes from Athens yet being approued and allowed by the State there called them notwithstanding Ius Ciuile Romanum And as the Normans borrowing all or most of their lawes from England yet baptized them by the name of the lawes or customes of Normandy so albeit the Kings of England deriued their Ecclesiasticall lawes from others yet so many as were approued and allowed here by and with a generall consent are aptly rightly called the Kings Ecclesiasticall lawes of England which whosoeuer shall deny he denyeth that the King hath full and plenary power c. And consequently that he is no coÌ„plete Monarch nor head
proued For that he that giueth a power to an other is presupposed to haue it first in himself for that no man can giue that which himself hath not so as if Q. Elizabeth did giue any spirituall Iurisdiction to her Bishops to teach preach make Ministers absolute loose sinnes and the like who otherwise could haue no such authoritie at all she might no doubt haue exercised the same in her owne person as in all temporall Iurisdiction we see that whatsoeuer power the King giueth to any Gouernour Iudge or Magistrate to exercise in his name he may exercise the same also him self if he wil. And the same holdeth in the Pope for any spirituall Iurisdiction or function that he committeth to any Bishop Priest or Clerk whatsoeuer 42. A third reason is taken ab inconueniente to wit from this inconuenience that if a Queene could be spirituall head of the Church and should marry without making hir husband King she should be his spirituall head also to loose and bind his sinnes and to exercise Ecclesiasticall Censures of Iurisdiction Suspension or Excommunication against him at her pleasure and he for his part should be bound in conscience vnder payne of sinne to heare and follow her doctrine if at any time she list to preach vnto him or to prescribe what he must beleeue or not beleeue in matters of faith which besides that it should be contrary to that we haue alleadged before out of S. Paul and Christ his Institution for the subiection of women in these causes it would be very absurd and ridiculous also as you see and vnworthie of the excellent gouerment of Christ his Church instituted and framed by the highest wisdome of almighty God 43. Wherfore lastly to shutt vp this matter after all these proofes alleadged we shall adioyne one only more which howsoeuer it be esteemed of vs yet ought it to be of singular great moment with M. Attorney and this is the vniuersall agreement of all Protestants both of Caluin Luthers sect commonly throughout the world except only in England And as for Caluinists the matter is cleere if we respect France Germany Holland Zeland Scotland and other places who all agree in this point following therin their first Author Iohn Caluin who not only in the place by me alleadged vpoÌ„ Amos the prophet but in diuers other places also of his workes doth earnestly impugne not only this Ecclesiasticall power of a woman but of any temporall Magistrate whatsoeuer affirming further in a certayne epistle of his to his freind Myconius that those who defend the same are prophane spirits and mad-men and that the Lord with the breath of his mouth shall destroy them and that both he and his would encounter and fight against them with a valiant and inuincible Zeale c. Of the same opinion and spirit was Theodore Beza the cheife scholer and successour of Caluin in his chayre of Geneua as appeareth by his writings and another chiefe scoller and companion of them both named Viretus in his dialogue intituled Of white Diuells calling them false Christians and dissembled diuells that defend this false position of Princes Ecclesiasticall Supremacy though they couer them selues saith he with the cloake of the Ghospell and then setteth he downe foure or fiue arguments to proue the position to be false which I pretermitt to recite in this place for breuities sake remitting the Reader to the booke it self for that it is exstant in English And I doe passe ouer the writings of many other principall men of that profession both in England and abroad who in this point are no lesse opposite and earnest against M. Attorney that we and are knowne in England by the name of Puritanes or precise Caluinists who being the farre greater parte if we respect all Countreyes about vs must needs in this point be confessed to haue more reason the thing being affirmed so earnestly as you haue heard by Caluin himself than the other of that sect who for pleasing of teÌ„porall princes are accused by them to hold the contrary For that if Iohn Caluin be to be followed in all the rest as they confesse why not also in this And if the holy-ghost fayled him in this so important a point as comprehendeth the whole gouerment of their Church and the lawfull or vnlawfull vocation and function of their whole Ministerie what certaintie can they haue in any other thinge or point of his doctrine 44. But now not only those of the Caluinian sect but others also of the Lutheranes doe laugh at our English Protestants for holding this position of M. Attorney about Queene Elizabeths Spirituall and Ecclesiasticall Supremacie wherin not to weary the Reader which enumeration of many witnesses I shall alleadg only one for all but yet such a one as may well stand for all For that he is the most eminent and principall man of them all to vvitt Martâ—nus Keronitius an ancient publike Reader of diuinity among the Lutherane Sect in Saxony that hath written many volumes for defence of the said sect in our dayes 45. This man then being consulted and demaunded his opinion by the Prince Elector of Brandeburg what was to be done in certaine points concerning those of the Caluinian sect he answereth him in a large epistle extant in print allowing first and greatly praysing the Princes iudgment Quod consultum non esse iudicat vt cum Caluinistis Generalis Synodus habeatur That his Highnes thought it not expedient to hold any generall Synode with the Caluinists as they desired for composing of Controuersyes betweene Lutherans and them 46. Secondly he addeth his owne iudgment vnto that of the Prince Elector about punishing the said Caluinists within his State affirming Non expedire vt punitionis officium contrae Caluinistas intereà temporis penitus quiescat It was not expedient that the office of punishing Caluinists should cease in the meane space vntill the said generall Synode were held as they demaunded 47. Thirdly and lastly hauing resolued these two points he passeth ouer to giue his iudgment in like manner to the said Elector about the Religion held in England and of Q. Elizabeth her self and her title of supremacy saying first that no good thing in Religion was further to be expected from her that she had vsed hardly the Protestants of Germany that she saw and felt noâ— a third sect risen vp in her Realme of Puritanes that hated both her and the other Caluinians that followed her who were enimies in like manner to Lutherans So he And then passing yet further he scoffeth merily that she being a woman had taken vpon her to make Ecclesiasticall lawes Et quòd faemineo à saeculis inaudito fastu se Papissam caput Ecclesia fecit That with a womanly pride neuer heard of in former ages she had made herself a She-pope head of the Church Thus Kemnitius And marke that he saith à saeculu inaudito
and prescribeth in particular what is to be done as lawfull Iudge in these matters And to that of the French Bishops he giueth such answeres as therby he testifyeth that he wel knew himself to haue supreme authoritie and iurisdiction Ecclesiasticall as well ouer all Bishopps of France as of England and all countryes besides throughout all Christendome For thus he wrote as S. Bede relateth For as much as concerneth the Bishopps of France I gaue you no authoritie ouer them and from the ancient tymes of my precedessors the Bishop of Arles hath receaued his pall from the Sea of Rome whome we ought not to depriue os that authoritie which from them he hath receaued c. 12. And the same Pope Gregorie sending the pall which is the proper signe of Archi-episcopal authority vnto the same S. Augustine of England he appointeth him his limitts of power and iurisdiction and what he shall doe and giue to others and this without any reference vnto K. Ethelbert any way to depend of him in his said authority or execution therof For thus he writeth vnto him Reuerendissimo Sanctissimo Fratri Augustino Coepiscopo Gregorius seruus seruorum Dei. Quia noua Anglorum Ecclesia c. For that a new Church of the English nation by Gods gyft and your labour is now brought to participate of the grace of our Sauiour Christ we doe graunt vnto you the vse of the pall in the sayd Church only to be vsed in the solemne celebration of Masses we graunt you also authority to ordeine twelue Bishops vnder you which shal be subiect to your iurisdiction but yet sâ— as the Bishop which shal be ordeyned for the citty of London shall euer afterward be consecrated by a Synod and shall receaue also a pall of honour from this holy and Apostolike Sea of Rome â— wherin by Gods appointment I doe serue at this tyme. We doe will you also to send a Bishop to the Citty of Yorke whome your self shall thinke good to ordeyne but yet with this condition that if that Citty with other places neere about doe receaue the worde of God he may ordayne twelue Bishops also and so remaine with the honour of a metropolitan for that we doe intend God willing if we liue to giue him also the pall whome yet notwithstanding we will haue to be subiect to your disposition though after your death he shall so be ouer these Bishops whome he hath ordeyned as he be no way subiect to the iurisdiction of the Bishop of London c. But your Brotherhod shall not only be Superiour and haue authority ouer those Bishops which your self haue ordeined but ouer those also which shal be ordeined by the said Bishop of Yorke And so in the authority of Iesus Christ our God Sauiour you shall haue subiect vnto you all the Priests of Brittany to the end that from your mouth and holines of life they may receaue a true forme both of right belief and vertuous life and therby performing their dutyes of good Christians both in faith and manners they may come at length by Gods holy grace to enioye his heauenly Kingdome who keepe and defend you euer most reuerend Brother The tenth day before the Calends of Iuly Mauritius being Emperour c. the 4. indiction anno Domini 601. 13. By this epistle and commission of Pope Gregory we may see what authority he tooke himself to haue for all matters spiritual and Ecclesiasticall in our Countrey neither did he thinke herby to doe any iniury to King Ethelbert neither did the King take it soe or imagine that himself had any spirituall Iurisdiction or Ecclesiasticall authority to gouerne the Church by vertue of his temporall crowne more now by being a Christian then he had before when he was a Gentile but only that now he was to gouerne Ecclesiasticall persons also in ciuill and temporall matters and therby might rightly be called King of them both in the sense which befoâ—e in the second Chapter of this answere we haue declared 14. Nay good King Ethelbert was so far of from thinking himself to receaue any preiudice against the power and authority of his temporall Crowne by the spirituall iurisdiction ouer him and all others instituted by Pope Gregory as he infinitely reioyced therat and presently made temporall lawes to confirme the same hauing speciall care to prouide for the fafety and immunity of the Clergie as S. Bede doth signifie And moreouer that he reduced the forme of his secular iudgements and Tribunalls to the likenes of those of Rome Among other good things and benefits saith he which King Ethelbert with his wisdome did bring into his nation one was that he appointed by the counsaile of wise men the decrees of iudgements to be made according to the example of the Romanes which decrees being written in the English tongue doe remaine in vse and force vnto this day So Bede Who liued an hundred fifty yeeres after And this may suffice for example of the first Kingdome conuerted to Christian religion which was of Kent and the countreyes round about euen vnto the riuer of Humber 15. But if I would passe to the consideration of other Kingdoms also conuerted after this of their Christian CoÌ„mon-wealthes instituted and ordeyned according to the forme of this first there would be much to say For first some foure yeares after the conuersion of the sayd K. Ethelbert of Kent by S. Augustine was conuerted by the preaching of S. Mellitus Sebert or as S. Bede calleth him Sabered King of the East-saxons and some fiue yeares after that againe King Sigebert of the East-angles by the preaching of S. Felix Bishopp and some seuenteene yeares after that againe K. Edwyn of the Northumbers by the preaching of S. Paulinus And then further some nyne yeares after thatâ— K. Kinegilsus of the VVest-saxons by the preaching of S. Berinus and about the same time Prince Peda of the Mercians or Middle-iland people by the persuasion of the good K. Oswyn of Northumberland And finally about some 27. yeres after all this K. Ethelwâ—ld or Ethelwalch as S. Bede calleth him of the Southsaxons was conuerted by the preaching of S. VVilfride 16. All these Pagan Kingdomes as they receaued the faith and Kingdome of Christ by the industrye and labours of spirituall and Ecclesiasticall men that preached and instructed them and were subordinate the one to the other but all to the Sea os Rome so did those Kings now made Christians subiect themselues vnto them not only in matters of faith and beliefe but in discipline also and Ecclesiasticall iurisdiction as sheep to their Pastors according to that which before you haue heard S. Cregâ—â—â— Nazianzen tell the Emperour of his tyme and herby it came to passe that albeit these different Kingdomes had different teâ—porall lawes for secular affayres before their conuersion and reteyned the same afterward vntill England became one sole Monarchie
reliques to witt of S. Peter and of S. Paul S. Laurence S. Iohn S. Pancratius and S. Gregory and vnto your Queene our spirituall daughter we haue sent a crosse and golden key hauing in it some parcells of the sacred chaines wherwith the Apostlds S. Peter and S. Paul were bound 25. Thus wrote the Pope at that tyme not being able to giue them an Archbishop fitt for the present but afterwards saith Bede he being very carefull therof and enquiring amongst learned men whome he might choose he first cast his eye vpon one Adrian an Abbott of a monastery neere vnto Naples which Adrian was by natioÌ„ an African but very skillfull in the Latin Greeke tongue well instructed as well in Monasticall as in Ecclesiasticall functions But this man flying the dignity of Archbishop named vnto the Pope one Theodorus a Monke borne in Tharsus of Cilicia as S. Paul th'Apostle also was a man of excelleÌ„t learnâ—â—â— and vertue whome Pope Vitalianus commaunded to take the charge vpon him of being Archbishop of Canterbury and Metropolitan of the English Church which thinge he refusinge for a tyme yet at length accepted it with condition that the forsaid Adrian should goe thither with him and so he was consecrated and sent with authority to create other Bishops thorough-out England as he did He arriued there vpon the yeare 669. and waâ— ioyfully receaued by the foresaid Kings and Christian people liued twenty yeares in that sea Neither were there euer saith Bede after the English-mens arryuall into Britany more happy tymes then these when our nation had most valiant Christian Kings that were a terrour to barbarous nations and when all men desires were enflamed with the loue of Christes heauenly ioyes lately reuealed vnto them so as whosoeuer had desire to be instructed in sacred doctrine had maisters ready to instruct them by the diligence of this new Archbishop and not only this but all English Churches also began now by the industry of the Abbot Adrian to learne the tune of singing in the Church throughout the realme which before was only in Kent c. Theodorus also visiting the whole Realme ordeined Bishops in all opportune places and whersoeuer he found any thing not perfect he by their helpes did correct the same Hitherto are the words of S. Bede of this our Christian primitiue Church 26. And all this now is within the first hundred yeres therof when it was most happy feruent and deuoute by S. Bedes iudgement but much more remaineth to be said of the same if I would consider euery particuler Kingdome and what passed therin this first age But if I should passe downe with like search through the other foure hundred yeares that doe ensue befoâ—e the Conquest I should not be able to conteyne my self within the compasse of this booke and much lesse of one Chapter and of one only argument or Demonstration therof For that euery where during this tyme we shall find that all our Christian Kings in all spiritual matters appertaining to Ecclesiasticall iurisdiction made their recourse to Rome or to the Archbishopâ— or Bishops of England as subordinate or authorized from thâ—â— Sea nor euer did they by act worde deed or decree signifie that they thought to haue Ecclesiasticall power or iurisdiction to dispose of those affaires themselues except perhaps some tymes and of some things by commission from the other 27. Let amongst others the wise and renowned King Edgar the first publicke author of English lawes be an example who hauing in hand a most important consultation how to reforme the liues of Clergie men of this realme but especially of certaine secular Priests in those daies procured first that S. Dunstan the Archbishop of Canterbury should call a Synode about the same who resoluing that the best meanes would be to put in religious men to witt Monkes into euery Cathedrall Church in place of the other that liued disorderly the King tooke not vpon him to doe it himself by his owne kingly authority or to giue commission to any of the said Bishops to doe the same but made his recourse to Rome to Pope Iohn the 13. praying him to authorize the two holy Bishops of VVinchester VVorcester to wit S. Ethelwold and Oswald to make this reformation which he would neuer haue done if he had thought that by his owne Kinglie power descending from his Crowne it had belonged to himself or that his Parlament might haue giuen him the said authority of visiting and reforming altering and disposing as it did to Q. Elizabeth 28. And this may be shewed from one to one in all this time throughout the raignes of aboue an hundred Christian Kings before the Conquest as hath byn sayd if the breuity of this place did permitt me to prosecute the same And my aduersary is not able to shew me one instance out of all this time truly sincerly alleadged to the contrary in this I chalenge him if he thinke himself able to answere me And so shall I passe to the fourth argument if first I recite one example more out of the second age after our conuersion for it is of eminent circumstance and declareth fully what was the sense of our Kings and their nobilitie and Clergie in those dayes 29. Next after K. Ethelbald who was the fifth Christian King of the Mercians and to whome S. Bonifacius called VVinfred before martyr Apostle of Germany wrote so sharpely to amend his life as in all our English histories is to be seene there succeded K. Offa who did great matters in his dayes and as Malmesbury writeth had both great vices and great vertues and among other things he bearing a grudge to the people of Canterbury and to their Archbishop Lambert he pretended to seperate from the obedience of that Sea all the Bishops and Bishoprickes that were within the Kingdome of Mercia which were the greaâ—er 〈◊〉 of the Suffraganes of that Sea and to procure them by the consent and authority of Pope Adrian to be subiect to the bishop oâ— LICHFIELD as to the chief Metropolitan of his dominionâ— and so many reasons he alleadged and vrged for the same togeather with his might and power that the said Pope Adrian as after you shall heare began to yeld somewhat to his demaund notwithstanding the often appellations of the said Archbishop Lambert but Pope Adrian dying Leo the third being chosen in his place Offa dyed in like manner soone after as also the Archbishop Lambert in Offa his place succeded Kenulphus a most noble King and to the Sea of Canterbury for Lambert was chosâ—â— Athelardus that had byn Bishop of VVinchester before one of the rarest men if we beleeue famous Alcuine maister to Charles the Great that euer our nation bred 30. This Archbishop then hauing made his appeale also to Rome as his predecessour had done for recouering the ancient honours and
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
but his said Father being dead and none other left of the bloud-royall to succeed him he was persuaded for the publicke good of his Countrey vpon the dispensation of Pope Leo the third procured by his Father before notwithstanding his said holy Order of Subdeaconship to accept the Crowne and marry so he did Concedente Leone illiuis nominis tertio ex gradu Subdiaconi VVintoniensis in Regem translatus est By the concession or dispensation of Pope Leo the third he was translated from the degree of a Subdeacon in the Church of VVinchester to the Crowne-royall So Malmesbury Wherevnto both he and Stow doe add that he married soone after Iudith daughter to Charles the great King of France by whom he had foure sonnes which all succeeded him after in the Crowne and he liued so long as he sent his fourth son Alured or Alfred a goodly young Prince at that tyme to be brought vp in Rome vnder Leo the fourth of that name which began to sitt in that Sea vpon the yeare 847. to whome K. Ethelwolfe went also after himself in person and receaued many fauours and spirituall graces from him And thus doe write our auncient historiographers in this matter 35. The other example may be of King Edward the Confessor who hauing made a vow to goe in person to Rome and being dissuaded from the same by the consent of his whole realme for the daungers of the wayes in those troublesome tymes and for the necessity of his presence at home was forced to aske dispensation of his vow at the handes of Pope Leo the nynth whoe graunted the same willingly as appeareth by his letters therof written appointing him to bestow in almes vpon the Monastery of VVestminster what otherwise he should haue spent in his iourney and the same was confirmed after againe by Pope Nicoâ—â—s the second vnto whome the said King wrote also for the confirmation of Pope Leo his sentence that succeeded in the Sea of Rome though not immediatly after the former as by diuers clauses of both their letters which we will produce in the next ensuing chapter doth most euidently appeare 36. And for other two examples after the Conquest to omit the rest may serue first that of King Iohn who sued to Pope Innocentius the third to be dispensed withall for his oath which he had made to the Barons of England vpon feare and coaction as he pretended wherof more afterward shall be said when we come to treat of his life and raigne in particular And the other of King Henry the seuenth who procured from Pope Iulius the second that notorius dispensation for Prince Henry his sonne to marry the Princesse Katherine of Spaine left by his brother Arthur wherabout there was so much adoe afterward for auoyding the force therof when their diuorce was treated in England and elswhere abroad Others I omitt because these alone are sufficient to shew what opinion was held from time to time by the Kings of England concerning the Popes soueraigne supreme authority in spirituall matters belonging to conscience and direction of soules farr different yea quite contrary to that which M. Attorney would persuade his Reader Now let vs passe on to some other Demonstrations The fourth Demonstration 37. The fourth argument is gathered out of that which before we haue mentioned in the precedent chapter of confirmations of Churches Hospitalls Monasteryes and other pious workes that are to be perpetuall and of priuiledges immunityes and exemptions graunted thervnto which alwaies were demaunded of the Sea Apostolike in these dayes as they are now in ours and their foundation was neuer held for firme to perpetuity without the said confirmation and ratification of the Bishop of Rome which is a signe that they acknowledged his supreme spirituall authority and that it was not in their temporall Kings especially for so much as the said Kings themselues did sue to Rome for such confirmation ratification and spirituall priuiledges as the workes by them founded had need of 38. And of this infinite examples might be shewed throughout all this tyme before the Conquest but I must moderate my self as well in this as in the former and therfore shall touch some few only and those all as briefly as I can for that this chapter groweth to be ouerlong We haue shewed how King Ethelbert â—or the first Monastery that euer was in England within foure yeares after his conuersion procured confirmation and exemption therof from S. Augustine Archbishop and Legate of Pope Gregory and how S. Mellitus some yeares after that being the third Archbishop of the same Sea went to Rome in person about the confirmation of his Monastery of VVestminster by Pope Bonifacius and how Pope Honorius after him againe graunted priuiledges to the Churches of Canterbury and Yorke at the petition of King Oswyn of Northumberland of King Egbert of Kent And this course was held afterward by all other Kings in the founding of Churches Monasteries and other pious workes to wit that they made recourse vnto Rome and the Bishops therof for the confirmation ratification establishment priuiledges exemptions of the same in spirituall matters which by all likelyhoode they would not haue done if these Kings had thought themselues to haue had sufficient authoritie from their Crownes to doe the same without dependance from the Sea Apostolicke 39. We reade in S. Bede that in the time of King Egfrid and S. Theodorus before meÌ„tioned the seuenth Archbishop of Canterbury about the yeare of Christ 680. one Biscopus an Abbot otherwise called Benedict hauing by the licence and liberality of the said King builded a Monastery neere to the mouth of the riuer VVyer went by consent of the sayd King to Rome to aske confirmation and priuiledges of Pope Agatho He demaunded and receaued saith S. Bede of Pope Agatho a letter of priuiledge confirmed by his Apostolicall authority for the defence and strengthning of the liberty of his Monastery according to the will and meaning of King Egfrid by whose licence and liberall gift of lands aud possessions he had erected the same Monastery So Bede Who also in another parte of his workes writing the life of S. Bertolphus a holy Abbot saith that in the dayes of Honorius the Pope for that a certaine Bishop went about to molest the said holy mans Monastery he made a iourney to Rome to demaund franquises and exemption for the same from the said Episcopall authority Cui praebuit saith Bede optatum munus sanctus Papa priuilegia scilicet Apostolicae sedis quatenus nullus Episcoporum in praefato Coenobio quolibet iure dominari conaretur Vnto which holy man the holy Pope Honorius gaue the gifte which he desired to wit the priuiledges of the Apostolicall Sea to the end that no Bishop vnder any preteÌ„ce of right whatsoeuer should goe about for the tyme to come to take vpon him any dominion in that his Monastery 40.
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
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
what agreements haue byn made these dayes publikely betweene the excellent Lord Tancred King of Sicilie and vs. And then after recitall of all particularityes he endeth thus testibus nobisipsis vndecimo die Nouembris apud Messanam We our selues being witnesse of this agreement the eleuenth day of Nouember at Messina 32. But when K. Richard soone after departing thence was arriued in Asia and had begun most prosperously his warrs against the Infidels the Deuill enuying his good successe stirred vp first seditioÌ„ in England by means of Iohn the Kings brother who perceiuing diuers to enuy the Greatnes of the Bishop of Ely left gouernour by the King and some Bishops also to be in faction against him began to make great stirs And on the otherside the same enemy of mankind castinge ielousies betweene K. Philip of France and the said King Richard did seperate them at last whervpon ensued the returne of the said King Philip with intention to inuade King Richards Dominions and to set vp his brother Iohn in his place as the sequele declareth 33. But Pope Celestinus the 3. that had succeeded in the place of Pope Clement lately deceased vnderstanding of the former conspiracie and faction against the Bishop of Ely in England wrote a vehement letter against the same to all the Archbishops Bishops and Clergie of England saying among the rest Cum dilectus in Christo filius noster Richardus c. wheras our deerly-beloued soÌ„ne in Christ Richard noble King of England when he resolued by taking vpon him the signe of the Holy crosse of Christ to reuenge the iniury of his redeemer in the Holie land left the tutele and care of his Kingdome vnder the protection of the Sea Apostolicke we that haue succeeded in that Sea haue so much the more obligation to coÌ„serue the State of the said Kingdome the rights and honours of the same by how much greater confidence he placed in our protection and thervpon hath exposed his person riches and people to greater perils for exaltation of holy Christian religion c. Wherfore vnderstanding of certaine troubles lately moued by Iohn Earle of Morton and certaine others combined with him against your honourable Father VVilliam Bishop of Ely Legat of the Sea Apostolicke and Gouernour of your Realme Vniuersitati vestrae per Apostolica scripta mandamus in virtute obedientiae praecipimus c. We doe by these Apostolicke writings giue commaundement to your whole community Realme and charge the same in the vertue of obedience that all men surcease from like practise of conspiration turmoyle or faction c. giuen at our pallace of Lateran the 4. day before the Nones of December in the first yeare of our Popedome And by this you may see what authority he tooke himself to haue ouer all England and Bishops and Princes therof at that day 34. The which is yet more declared by that which soone after ensued for that the foresaid Earle Iohn and other Lords and Bishops combininge themselues with him hauinge proceeded yet further in that quarrell by coÌ„mon consent of all the Realme as it seemed depriued the said Bishop of Ely of his office of Gouernour imprisoned him and driuen him out of England and elected in his roome VValter Archbishop of Roane for gouernour of the Realme they were no lesse carefull to send presently to excuse iustifie the matter vnto Pope Celestinus then they 〈◊〉 to the King himself for his satisfaction All which appeareth by a large letter written from Rome to the said Archbishop by his agents that were there who aduertized him how euill the matter was taken by the said Pope Celestinus Dominus Papa say they in restri depressione negotij plurima indignanter cum amaritudâ—ne proponebat c. The Pope did propose very many things with indignation and amaritude of mind to the depression of your affaire iterating many tymes that he knew the great affection confidence of the King of England towards his Chauncelour and Gouernour the Bishop of Ely and that he had seen many letters of the said King in his commendation but none against him that at his earnest instance the Sea Apostolike had made him also Legat à latere And that finally he absolued him from the sentence of excommunication which the said Archbishop of Roâ—â— had laid vpon him and for the rest he would expect the Kings inclination who being soone after taken prisoner in Germany sent presently for the said Chauncellour to come vnto him and made great vse of him for he was not only his interpreter betweene the Emperour and him and other Princes but he sent him also into England not as Chauncellour or Gouernour but as Bishop of Ely to lay the plot for his ransome 35. And I might recount many other examples of the same iurisdiction exercised in England by the same Pope without contradiction of any man in the absence of the said King though Earle Iohn the Kings brother was present and very potent amoÌ„g them and no great freind to the Pope as by the former letter may be imagined and who finally did driue out of England the said Bishop of Ely but yet neuer obiected or put doubt in the Popes authority about any Ecclesiasticall matter that there fell out As for example vpon the yeare 1191. which was the very next after the Kings departure Nubergensis liuinge at that time recounteth how Geffrey the Kings base brother hauing byn longe beyond the seas suing at Rome to be admitted to the Archbishopricke of Yorke and to haue his Pall which Pope Clemeâ—â— would not graunt for diuers obiections and appealles made against him as well by Baldwyn Archbishop of Canterbury as you haue heard as also by others and namely the Bishop of Ely that was Gouernour of the land being much against him yet now vpon King Richards commendation and his owne many 〈◊〉 promises Pope Celestinus so much fauoured him saith Nubergensis as he gaue him his pall before he was consecrated and sent him to be consecrated by the Archbishop of Towers in France commaunding him vt ei non obstante vel appellatione vel occasione qualibet manus imponeret that he should by imposition of hands coÌ„secrate him notwithstanding any appellation or other occasion whatsoeuer to the contrary And so he did and he came into England and tooke possession of the said Archbishopricke and enioyed the same by this authority of consecration and inuestiture from Pope Celestinus notwithstanding all the contradiction and opposition of his potent aduersaryes as in the same Author at large is set downe 36. And when not longe after this againe the said Archbishop Geffrey requiring Canonicall profession of obedience to be made to him and his Sea accordinge to custome at the hands of Hugh Bishop of Durham who had purchased before of King Richard an Earl-dome to be annexed to his said Bishopricke and that the said Hugh refusing to doe the same vpoÌ„
ratas haberet donationes quas fecerat Rex in Eboracensi Ecclesia Dominus Rex redderet ei Archiepiscopatum suum cum omni integritate c. These Bishops were to demaund in the spirit of humulity on the Kings behalfe that the said Archbishop would ratifie and make good all the donations or gifts which the King had bestowed in the Church of Yorke during the time he had with-held his Archbishopricke that there vpon the King would restore vnto him his Archbishopricke with all integrity But the Archbishop demaunded first of these Bishops sent vnto him whether they would vnder their hands and writings assure him that he might doe it in conscience but they refusing he refused also to graunt the Kings request and therevpon appealed againe to Rome and went thither in person and the King on his side sent Proctors and Aduocats thither to plead for him as Houeden at large declareth And moreouer to bridle him the more he besought the Pope to make Hubert then Archbishop of Canterbury Legat of the Sea Apostolike ouer all England 47. And agayne both this Author and Nubergensis doe declare how the foresaid VValter Archbishop of Roane that had byn so great a friend of K. Richard euer since the beginning of his raigne and had gone with him to Sicily and returned againe to England for pacifying of matters between the Bishop of Ely that was Gouernour the Earle Iohn and moreouer had also byn Gouernour of England himself after King Richards Captiuitie had not onlie laboured for him as you haue heard by his letter to the Pope but went also in person to assist him in Germanie and remained there in pledg for him this man I say receiuing disgust at length from the said King for vsurping vpon certaine lands and liberties of his in Normandy he brake with him appealed to the Pope went to Rome against him and the King was forced to send Embassadours to plead for himself there against the other who pleaded so well saith Nubergensis alleadging the Kings necessitie for doing the same as the Pope tooke the Kings parte and tolde the Bishop openlie in publike Consistorie that he ought to beare with the King in such a necessitie of warre which being once past matters might easilie be remedied And thus much for the Popes authoritie acknowledged and practised during the raigne of this King Richard the first out of which M. Attorney found no probable instance at all to be alleadged to the contrarie and therfore made not so much as mention of any OF THE RAIGNE OF KING IOHN VVho was the seauenth King after the Conquest §. III. 48. Of this King being the last sonne of K. Henry the second we haue heard much before vnder the name of Earle of Morâ—â—â— which may declare vnto vs the quality of his nature and condition to wit mutable and inconstant but yet vehement for the while in whatsoeuer he tooke in hand indiscreet also rash and without feare to offend either God or man when he was in his passion oâ— rage This appeareth well by his many most vnnaturall and treasonable actions against his kind and louing Father whilest he liued wherby he shortened his said Fathers life as before hath byn related And the same appeareth yet more in a certaine manner by his like attempts against his owne brother both when and after he was in captiuity which brother notwithstanding had so greatly aduaunced him and giuen him so many rich States in England as he seemed to haue made him a Tetrarch with him say our English authors that is to say to haue giuen him the fourth parte of his Kingdome which notwithstanding was not sufficient to make him faithfull vnto him 49. This man then succeeding his brother Richard with whom he was beyond the seas when he died laid hands presently on the Treasure and fortresses of his said brother and by the help of two Archbishops especially to wit VValter of Roane in Normandy and Hubert of Canterbury in England he drew the people and nobility to fauour him and was crowned first Duke of Normandy by the one and then King of England by the other when he was 34. yeares old and held out in the said gouernmeÌ„t with great variety of state and fortune for 18. yeares old togeather The first six with contentment good liking of most men the second six in continuall turmoile vexation and with mislike of all and the thiâ—d six did participate of them both to wit good and euill though more of the euill especially the later parte therof when his nobility and people almost wholy forsakinge him did call in and crowne in his place Lewes the Dolphin Prince of France pretended to be next heire by his wife the Lady Blanche daughter to the said K. Iohns sister Queene of Castile which brought K. Iohn to those straites as he died with much affliction of mind as after you shall heare 50. To say then somewhat of ech of these three distinctions of tyme noting some points out of them all that appertaine to this our controuersie with M. Attorney you haue heard in the end of K. Richards life how VValter Archbishop of Roane appealed to Pope Innocentius against the said King for seasing vpon certaine lands of his and namely the Towne of Deepe which Innocentius commaunding to be restored K. Iohn obayed and made composition with the said Archbishop vpon the yeare of Christ 1200. which was the second yeare of his raigne as Houeden reporteth restoring him Villam de Depa cum pertinentijs suis The Towne of Deepe with the appurtenances and diuers other things which the said author setteth downe shewing therby the obedience of K. Iohn to the Popes ordination 51. Moreouer there falling out a great controuersie between Geffrey Arcbishop of Yorke K. Iohns brother and the Deane and Chapter of the said Church and both parties appealing to Rome Pope Innocentius appointed the Bishop of Salisbury and Abbot of Tewxbury to call them before them in Church of VVestminster and determine the matter so they did made them freinds the King not intermedling in any part therof though the matter touched his brother and concerned his owne Ecclesiasticall supremacy if he had persuaded himself that he had had any And the verie same yeare the Bishop of Ely and the Abbot of S. Edmunds-bury were appointed Iudges by the said Pope in a great cause between the Archbishop and monks of Canterbury which they determined publikelie Vt Iudices à Domino Papa constituti saith Houeden as iudges appointed from the Pope without any dependance of the King at all though their cheife controuersie was about the priuiledges and proprieties of lands lordships and officers of theirs to wit of the said Archbishop and Monkes 52. And wheras the foresaid Hubert Archbishop of Canterbury with the rest of the Bishops summoned a generall Synod in England for ordaining many thinges according to the neede or
declared 〈…〉 proofes demonstrations so 〈…〉 ted many other for breuityes sake the 〈…〉 tion being so apparant as there vvas 〈…〉 coâ—firme the same wheras on the contrary side M. Attorney sheweth himself so poore weake needy naked in his proofes as he hath alleadged only hitherto but foure instances or examples out of all these six hundred years that may seem somewhat to fauour him though indeed they doe nothing at all as in their places hath byn declared But now from this King downward we shall haue somewhat more store laid togeather by him out of peeces or raggs of Statutes though as little effectuall to proue his purpose as the other before recited and refuted 2. To begin then with young K. Henry who was but entred into the tenth yeare of his age when the scepter was deliuered vnto him and raigned somewhat more then 56. years He was crowned at Glocester after the death of his Father by one parte of the Realme that followed him and this especially as hath byn said through the presence authority of the forsaid VVallo Pope Innocentius his Legat who earnestly persuaded and inuited all sortes of people to follow and obey this young King and to forsake Prince Lewes of France that had London and the South-partes of England deliuered vnto him And finally denounced excommunication vpon all those that resisted this K. Henry therby drew at length all the Lords and Barons of England in effect to returne vnto him and was cheife Gouernour both of the said Kings person and Realme for a time togeather with some of the English nobility as before hath byn declared 3. Neither shall it be needfull heere to set downe the particulars of his said Coronation with the ordinary oath which all Kings tooke humbly vpon their knees before the high Altar and vpon the holy Euangelists to maintaine the liberties of the Church and to doe iustice to all sortes of men which for me we hauing set downe in the life of K. Iohn this mans Father some other Kings before may serue for an â—xample of all the rest Onlie there is to be noted as particular in this mans coronation that presentlie after his said oath he added this clause as Matthew Paris setteth it downe Deinde fecit homagium Sancta Romanae Ecclesiae Innocentio Papae c. Then he did homage to the holie Roman Church and to Innocentius the Pope therof for his Kingdomes of England and Ireland sware that he would faithfullie paie euerie yeare those thousand markes of tribute which his Father K. Iohn had giuen vnto the said Church c. Which is the first solemne homage that we read to haue been made by any King for temporall obedience vnto the Church of Rome in their coronation For albeit K. Henrie the 2. in his sorrowfull epistle before mentioned to Pope Alexander the 3. when he was in his greatest affliction wrote as Petrus Blesensis setteth it downe who was his secretarie Vestrae Iurisdictionis est Regnum Augliae quantem ad seudatorij iuris obligationem vobis duntaxat obnoxius teneor astringor The Kingdome of England is of your iurisdiction and to you onlie am I bound as subiect for so much as appertaineth to the obligation of feudatorie right yet is this by most men vnderstood to be meant by that King either in respect of that ancient voluntarie tribute before mentioned of Peter-pence or els of some particular agreement made between the said Pope Alexander and him vpon the controuersie about the death of S. Thomas of Canterbury 4. But we read no such thing continued by his sonnes after him vntill K. Iohn vpon the occasions before specified made this new couenant as hath byn declared Which yet afterward vpon the yeare of Christ 1245. and 29. of this Kings raigne when a Generall Councell was gathered by Pope Innocentius the 4. at Liâ—â— in France VValsingham writeth that foure noble men togeather with the Kings aduocate or attorney VVilliam Powycke were sent by the King common coÌ„sent of the Realme to the said Councell and Pope to contradict the said ordination and concession of K. Iohn as a thing that he could not doe without the consent of his whole Realme for many reasons which they alleadged And so we se that in this very contradiction what respect they bare â—oth to that Councell and head therof Innocentius the 4. to whose iudgmeÌ„t they were content to remit the matter And the Popes answere was saith VValsingham Remindigere mâ—râ—sa deliberatione that the thing required a long deliberation and so left the matter in suspence for that time 5. But to returne to this yonge King againe who being first as hath byn said vnder the Gouernment of the Popes Legat the Earle of Pen-broke high Marshall of England and after his death which was vpon the 4. yeare of the said Kings raigne the Legats departure he was wholy vnder the gouernment of Peter Bishop of VVinchester vntill the yeare of Christ 12â—3 and y. of his raigne at what tyme being 17. yeares old and feeling in himself a great desire to gouerne as young Princes are wont to doe thought to obtaine the same by the Popes authority and so sent priuie messengers to Rome to Pope Honorius the 3. saith Mathew Paris and requested at his hands for many reasons that he might be declared able to gouerne of himself togeather with his counsell and to receiue into his hands all those castles lands which diuers of his Barons did hold in his name from the tyme of his Fathers death Which thing was graunted him and the Popes Bull sent to the Archbishops Bishops Barons about the same with authority and commaundement to compell them by Censures to doe the same if any should refuse 6. And two yeares after this againe when he was 19. yeares old he calling a Parlament did decree and publish the famous great Charter called Magna Chaerta for the priuiledges of the Church as also the Charter of Forrests for the nobility and common people and many other things did happen in this time of his youth and non-age which doe euidently declare his dutifull respect vnto Ecclesiasticall power and especially to that of the Sea Apostolike not assuming to himself any peece or parcell therof And this might we easily declare by many examples wherin he proceeded as he was taught both by the presidence of his auncestors and by the common induction of religion and practice of all Christian Princes in those dayes and this as well after he came to full age as before and so continued vnto his dying day 7. And for that this mans raigne was large and of many years as hath byn said and if I should stand vpon particular proofes and examples of his acknowledgement of the supreme authority of the Sea of Rome and practice therof in all occasions it would be ouerlong and tedious therfore it shall be sufficient
Church-causes wherof M. Attorney as before you haue seen setteth downe a longe catalogue of such causes as cannot be iudged by the temporal law but must necessarily be remitted to spirituall Courts all these things I say matters and affaires were left as fully and wholy in the hands of the Bishops and English-Clergy with their subordination to their head the Pope by this K. Henry as by any of his predecessours or successours without the intermedling of any secular man therin as iudge or hauing authority Ecclesiasticall as of him self but only by way of intercession And this may be proued by infinite examples but none more apparant then by the practice of elections and promotions of Ecclesiasticall persons wherin though since that time by agreement of the Sea Apostolike Catholike temporall Princes haue for the most parte denomination and presentation yet then they had notâ— but that all elections were free to the Chapters of Churches and monasteries the confirmation commonly was sought at Rome and the King had no more parte therin but only that the said elections must be made by his leaue so presented to the Pope for confirmation 15. And of this other like matters we might giue examples without end for that euery day they fell out As for example vpon the yeare 1226. which was the tenth yeare of K. Henries raigne the Bishop of Durham Richard being dead the K. endeauoured greatly to bring in a certaine chaplaine of his named Luke into that dignity delt earnestly with the Prior CoueÌ„t of that Câ—â—rch to whom the election belonged to further the same But they holding the man vnworthy saith Mathew Paris for so great a dignity chose a learned and vertuous Priest that was Archdeacon of VVorcester named VVilliam Scot praying the King to be content therewith and so sent him to Rome to be confirmed by Pope Honorius the 3. But K. Henry being offended therewith sent the Bishop of Chichester with another Prior for his Embassadours to Rome to contradict the said election and thereby hâ—ld it in suspension for two years vntill Pope Honorius being dead and Gregory the 9. succeeding in his place he did reiect both the one and the other before named and translated vnto Durham Richard Bishop of Salisbury And the same yeare determined also that great controuersie saith our Author that had lasted diuers years between the Prior and Couent of the Monks of Couentry and the Deane and Chapter of the Chanons of Lichfield which of them should choose their Bishop and the said Popes determination was that one parte should choose him one tyme and the other the other but yet so as the Prior of Couentry should alwayes haue the first voice in both elections neither did the King contradict this ordination 16. Moreouer in this verie same yeare of 1228 died Cardinall Stephen Langhton Archbishop of Canterbury with whome and against whom K. Iohn moued so great troubles as before you haue heard who being dead and the monkes according to order hauing obtained licence of the King to make their election of a new they chose a monke of their owne called VValter Hemesham but the King after some deliberation not liking of him began to laie diuers obiections against him as may bee seen in our Author that liued in those daies But hee appealing to the Pope went to Rome whervpon the King setting downe his obiections in writing sent the Bishops of Rochester and Chester togeather with the Archdeacon of Bedford for his Embassadours to contradict the same also whome Pope Gregorie hauing heard and considered for diuers moneths togeather gaue sentence the next yeare after against him and at the instance both of the King Suffragan Bishops of Canterbury elected of himself into that dignitie one Richard that was Chauncellour of the Bishoâ— of Lincolne Virum eminentis scientiae literatura conuersationis â—â— nestae saith our Author A man of eminent knowledg and learning and honest conuersation though he doe add this that to obtaine this election of the Pope to reiect the othâ—â— the said Kings messengers offered that his maiesty the Realme should be coÌ„tent to graunt to his Holines a tenth ouer all England for his warrs against Fredericke the Emperour But howsoeuer that was this proueth euidently the acknowledgment of his supreme Ecclesiasticall authority ouâ—r England by this King as doe infinite other things which are ouer many to be recouÌ„ted in this place 17. For first this verie Archbishop Richard being procured as you haue seen with such diligence by the King three years after his election to witt vpon the yeare of Christ 1231. when the King in a Parlament holden at VVestminster exacted as well of the Clergie as of the laitie a certaine payment or contribution of money called Scutagium not accustomed to be paied before the said Archbishop with his Bishops audacter resistentes dixerunt quod non tenerentur viri Ecclesiastici iudicio subijci laicorum boldlie resisting said vnto the King that Clergie-men were not bouÌ„d to be vnder the iudgment of Lai-men in the Parlament And moreouer the said Archbishop going priuatelie afterward to the King complained much of his high Iusticer Hubert de Burgo Earle of Kent for detaining certaine lands belonging to the Sea of Canterbury and a little after not receauing satisfaction from the King he pronounced excommunication against the said Hubert and other detainers and all that should keepe them companie except onlie the King himself and hauing done this he appealed to Rome and went thither himself Against whome the King sent one Roger de Cantelù and diuers other learned men for his procurators whome Pope Gregorie the nynth hauing heard gaue sentence for the said Archbishop Richard against the King Proposuerunt autem in contrarium Clerici Regis saith Matthew Paris pro ipso Rege Iusticiario multa inaniter allegantes sed parum vel nihil profecerunt quia causa Archiepiscopi iusta erat fauorabilis The Kings Clarks and Procurators proposed manie thinges to the contrarie in fauour of the King and his Iusticer but of no moment and consequentlie they profited little or nothing with the Pope for that the Archbishops cause was both iust and fauourable See heer againe the Popes authoritie in practice 18. And when this good Archbishop Richard dying in his way homeward left the Church void againe of a Pastor the Prior and Couent of Canterbury chose for Archbishop one Raph Neâ—il Bishop of Chester and Cauncelour of the Realme wherat the King being verie glad sent his messengers togeather with the partie chosen and the monkes that accompanied him to Rome for his confirmation But Pope Gregorie vpon the information of one Simon de Langituna to whom the examination of the person was committed did refuse him as an vnlearned man and a Courtyer and vnapt to preach or teach but indeed as some suspected least being a great lawyer and of much authoritie
ipsum regem sententiam serret excommunicationis He would out of hand with all the Bishops there present pronounce the sentence of excommunication against the King himself Rex autem peris audicas humiliter respondit quod consilijs corum in omnibus obtemperaret c. And the pious King hearing this did answere humbly that he would in all things obay their counsailes And so he did and within few dayes after he sent away Peter Bishop of VVinchester from the Courte which was the cheife of the said strangers that most defended them and cast into prison another Peter surnamed De Rhicuallis that had byn Treasurer and diuers others So as heere also we see the spirituall authority of Clergie-men aboue the King not only in the Pope himself but also in the Bishops of England which otherwise were subiects to the said King in temporall affaires 38. Yea not only Bishops but other Prelates also of lesser degree haue exercised the same authority spirituall in England euen against the King when occasion was offered As for example when this K. Henry had vsed very familiarly intrinsecally one Raph Briton that had byn his Treasurer he after falling out with him banished him the Courte and soone after that againe the said Raph being a Clerke and liuing at his Chanonry of S. Pauls the Maior of London had commission to apprehend him and send him to the Tower as he did which Doctor Lusey Deane of Pauls vnderstāding called his Chanons togeather the Bishops of London being absent seeing the violence vsed to a Clergy-man did put the Church of S. Paul vnder Interdict pronoūced sentence of excommunication against the doers maintainers and fauourers of this vnlawfull act The King stood stiffe for a time saith our Author but at length Rex dictum Ranulphum licet inuitus solui in pace dimitti praecepit The King though against his will did commaund the said Raph to be remitted peaceably vnto the place whence he was taken 39. Now then these examples and many more which for breuityes sake I pretermit doe make another manner of proofe of Ecclesiastical soueraignty in Clergie-men then doth M. Attorneys poore inferēce about the sending for a certificate to the Bishops Court concerning matters to be tried therin as before you haue heard And by this also you may see and consider the difference of substance and substantiall dealing between vs. And so much to this first instance Now let vs examine the second The Attorney By the aūcient Canōs decrees of the Church of Rome the issue borne before solemnization of marriage is as lawfull inheritable marriage following as the issue borne after marriage But this was neuer allowed or appointed in England and therfore was neuer of any force heere And this appeareth by the Statute of Merton made in the 20. yeare of Henry the 3. where it is said to the Kings writ of bastardy Whether one being borne afore matrimony may inherit in like manner as he that is borne after matrimony All the Bishops answered that they would not nor could not answere to it because it was directly against the common order of the Church and all the Bishops instanted the Lords that they would consent that all such as were borne before matrimony should be legitimate as wel as they that be borne within matrimony to the succession of inheritance for so much as the Church accepteth such to be legitimate And all the Earles and Barons with one voice answered we will not change the lawes of England which hitherto haue byn vsed and approued The Catholike Deuine 40. This is the second instance of M. Attorney taken out of this raigne of K. Henry and we must imagine that proofes goe hard with him when to seeme to say somwhat he is driuen to bring forth such silly ware as this is For if all be graunted as it may be which heere is said what can he inferre therof but only that the Lords and Barons of the Parlament did not thinke good to alter or change the auncient laws or customes of the Realme about succession of their children by legitimation after matrimony contracted notwithstanding the Church of Rome in certaine cases did allow them for legitimate and lawfull in respect of taking holy orders enioying benefices and other like commodityes what I say doth this import M. Attorneys conclusion that K. Henry tooke vpon him supreme Ecclesiastical gouernmēt For that this was free for the Realme to admitt or not admit the said legitimation to the effect of lawfull succession and inheritance And so the Canons themselues doe expresly set downe 41. For better vnderstanding wherof wee must note that wheras by the auncient Ciuill-law great respect was had euer to children borne out of wedlocke if marriage afterward did ensue notwithstanding they held marriage but only for a Ciuill cōtract so afterward when Christian Emperours came to beare sway more indulgence and fauour was shewed therin as may appeer by the Constitutions both of Constantine the first Christian Emperour and Zeno that ensued him and more yet by Iustinian which do most fully in diuers places both of the Code and Nouell Constitutions explicate the same In conformity wherof the Canon-law also decreeth in this sorte Tanta est vis matrimonij vt qui anteà sunt geniti post contractum matrimonium legitimi habeantur So great is the force of matrimony held for a Sacrament among Christians as it maketh such to be legitimate after it is cōtracted who were illegitimate before But yet this is with some restrictions as for example that they must be borne ex soluto soluta that is to say both the father mother must be vnmarried at the time when the said children are begotten For if either of them were married at that time then this priuiledge holdeth not as appeareth in the same law 42. Secondly this legitimation by ensuing marriage is to bee vnderstood principallie as before hath said In spiritualibus To enable men to Ecclesiasticall promotions though in the Popes temporall dominions it may enable them also to temporall succession but not in the States and dominions of other Princes And this verie distinction or caution is set downe in like manner by the law it self and heervpon is resolued also in a case touching the King of England by Pope Alexander the 3. that albeit the Ecclesiasticall Iudge must determine of the lawfulnes of marriage it self yet the question of temporall succession or inheritance therevpon depending must bee decided by the Iudges of the temporall Courte Nos attendentes saith Pope Alexander to the Bishops of London and VVorcester quod ad Regem pertinet non ad Ecclesiam de talibus possessionibus iudicare Fraternitati vestrae mandamus quatenus Regi possessionis iudicium relinquentes de causa principali cognoscatis eamque terminetis Wee considering that it belongeth to the King of England and not to the Church to
Chancellour and Treasurer he was only abiured the Realme for euer The Catholicke Deuine 22. This case related out of Brookes Reporte if so it be there for I haue not the booke is but a particular case and shewed only de facto and not de iure whereas M. Attorneys booke notwithstanding is intituled De iure as often I haue and must still put him in mynd True it is that he noteth here in the margent that this was done by the Common-law of England before any Statute made But what reason can he bring or any man imagine why we should beleeue this to wit that this fact of bringing in a Bull of excommunication from Rome against a subiect in those dayes should be adiudged treason by the auncient Common-law of England For a man may demaund what is that CoÌ„mon-law or auncient CoÌ„mon-law not made by Statute nor introduced by any common custome that can be proued How was it made By whome where at what time vpon what occasion For to auouch a Common-law and auncient common-law without beginning author cause occasion or recorde of the introduction therof is a strange Metaphysicall contemplation for that lawes doe not growe vp without beginning but must needs be made or admitted by some Prince or people And whereas we haue shewed from time to time that all our English Princes people haue byn Catholicks from their first conuersion vnto this Kings time and vniforme also in this point of acknowledging the spirituall iurisdiction of the Sea of Rome and nothing more ordinary among them then censures and excommunications from Rome when necessity seemed to require how could this auncient common-law come in vre among them yea and be auncient in K. Edward the first his tyme contrary to the grounds and practise of the religion then in vse and euer before and no mention euer made therof in all antiquity till â—ow by M. Attorney and that only in the ayre as you see 23. Moreouer we read in Mathew of VVestminster that when this King Edward was in his most heat against the Clergy for denying him the halfe of their rents and goods as before hath byn said which they did vpon the prohibition of Pope Bonifacius he fearing least some men might bring in an excoÌ„munication against himself and them of the Clergy that yelded to pay the same and therby had bought his protection againe he only forbad Subpaena incarcerationis ne quis contra ipsum Regem ces qui iampridem suam protectionem quaesiêrant excommunicationis sententiam promulgaret prouocatione sacta pro se ad Romanam Curiam pro ipsis He prohibited vnder paine of imprisonment that no man should publish my sentence of excommunication against the King himself or those that had newly sought his protection yea his Maiesty made a prouocation or appeale also as well for himselfe as for them that stood on his side to the Courte of Rome So as if the King by speciall decree of his owne appointed only the paine of imprisonment for such as should publish any sentence of excommunication against himself for himself also appealed to Rome it is not likely that the auncient Common-lawes of England had made it treason before against the King his crowne and dignity to publish an excommunication against a subiect that was a thing most vsuall in those dayes 24. Well it may be that for repressing the vnquiet spiritts of some particular subiects that vpon light occasions and false suggestions would procure Bulls of excommunication from Rome some order might be taken at that tyme for seuere punishment of them that rashly without shewing the same to Iudges appointed for that purpose should publish the said Bulls in England as we see also at this dâ—y to be obserued in Spaine Naples Sicily France and other Catholike Realmes where no man may publish such things without a view and Placet of the Magistrate appointed to that effect and this not for denying or restrayning the said authority of the Sea Apostolicke but for keeping peace and orderly proceeding among subiects as is pretended and for better enforming his Holines if false suggestions haue byn giuen And that some like order might be at this time in England may appeere in parte by another obiection which M. Attorney hath afterward in the life of K. Edward the 3. saying that in an attachement vpon a prohibitioÌ„ the defendant pleading the Popes Bull of excoÌ„munication of the plaintiffe the Iudges demaunded of the defendaÌ„t if he had not the certificate of some Bishop within the realme testifying the excoÌ„municatioÌ„ c. Wherby it may appeare that priuate men were obliged to shew their Bulls vnto some Bishop before they published the same 25. But howsoeuer this be it is euident by this very Reporte of M. Attorneys text of Common-law cited by himself out of the one and thirtith yeare of King Edward the third which was many yeares after this other case that the bringing in or seruing of a Bull of excommunication against a particular subiect was not held for treason in those dayes Neither did the iudges make any such inference which is like they would haue done if it had byn treason against the King his Crowne and dignity by the ancient Common-lawes of England in the tyme of K. Edward the first aboue fifty yeares before the later case fell out And thus much for law though it might be that de facto in those dayes of suspition when K. Edward feared excommunication as you haue heard some man ad terrorem might be so sentenced by some chief Iusticer or Iudge as would be ready to pleasure the King in all things as most of them were though yet the party were not executed as here is confessed or else that there was some other particular aggrauant circumstance in this facte which here is not set downe though it may be also that the Reader shall find somewhat therof in M. Brookes booke if he looke it ouer out of whome this obiection without all circumstance is so barely cited And thus much of this first instance Now let vs contemplate the second as wise no doubt as the former The Attorney The said King Edward the first presented his Clerke to a benefice within the prouince of Yorke who was refused by the Archbishop for that the Pope by way of prouision had conferred it on another The King thervpon brought a Quare non admisit The Archbishop pleaded that the Bishop of Rome had long time before prouided to the same Church as one hauing supreme authority in that case and that he durst not nor had power to put him out which was by the Popes Bull in possession For which his high contempt against the King his Crowne and dignity in refusing to execute his Soueraignes commaundement fearing to doe it against the Popes prouision by iudgement of the Common-law the lands of his whole Bishopricke were seased into the Kings handes and
case make directly against M. Attorneys conclusion For that the King acknowledged the Pope to be a superiour Iudge ouer English Bishops aboue himself and then was the iudgement of those Sages named by M. Attorney that thought him so deepely to haue offended in acknowledging the Popes authority farre from the purpose And howsoeuer it were cleere it is that the King seased only vpon temporalityes of the Bishops and tooke not vpon him to depriue them of their spirituall iurisdictions as Queene Elizabeth did when shee fell out with M. Grindall her Primate and Archbishop of Canterbury whome she by her Ecclesiasticall authority depriued of his iurisdiction and appointed Commissaryes of her owne in diuers Countryes to execute the same iurisdiction as immediate from her self which this K. Edward did not nor any of his Predecessors or Successours vntil K. Henry the 8. and therby shewed that they pretended nothing of their spirituall authority so this example or instance of seasing vpon teÌ„poralties either by right or wrong proueth nothing for M. Attorney his purpose Let vs passe then to his 3. instaÌ„ce The Attorney Concerning men twise marryed called Bigami whome the Bishop of Rome by a Constitution made at the Councelll of Lâ—ons hath excluded from all priuiledge of Clergy whervpon certeyne â—relates when such persons haue byn attainted for felloâ—s haue prayed for to haue them deliuered as Clerkes which were made Bigami before the same constitution It is agreed and declared before the King and his Counsell that the same coÌ„stitution shal be vnderstood in this wise that whether they were Bigami before the same constitution or after they shall not from henceforth be deliuered to the Prelates but iustice shal be executed vpon them as vpon other lay people The Catholicke Deuine 31. About this instance taken out of a Statute made in the 4. yeare of K. Edward the first it is first to be noted that albeit mention be made heere only of the late constitution of the Councell of Lyons vnder Pope Gregorie the tenth concerning Bigamies or those that are twise married yet is the thing it self of more antiquity in the Catholicke Church as may appeare throughout the whole title De Bigamis non ordinandis in the first booke of Decretalls that is to say that such as haue byn twise married may not take holy orders But yet for that there was a doubt whether such men hauing primam tonsuram or minores ordines and therby made Clerkes might enioy the priuiledges of Clergy-men for their persons and goods suites in law and the like which could not be decided but by Ecclesiasticall Iudges this controuersie I say which included many braunches consequences especially for England was defined in the said Councell of Lyons and the definitiue sentence or decision was in these words Begamos omni priuilegio Clericali declaramus esse nudatos corrections forisae cidaris addictos consuetudine contraria non obstante ipsis quoque sub anathe mate prohibemus deferre tonsuram vel habitum Clericalem We doe declare that all such as haue byn twise marryed are depriued of all priuiledge of Clergy-men are subiect to the correction of the temporall Magistrate notwithstanding any custome to the contrary And we doe forbidd them also vnder paine of excommunication that they doe not beare Ecclesiasticall tonsure nor Priestly habit or apparell of Clergy-men 32. Which decision or declaration of the said generall Councell coming forth presently there arose a doubt in England whether such Bigamies as had borne that attyre and tonsure before that tyme and were now in present necessity to vse the priuiledge of the Clergy for deliuering themselues out of the secular iustice hand ought to haue the same or no for that it might be presumed that the Councell meant only of these Bigamyes that should beare the habit afterward Vnto which opinion as to the more pious and pittifull the Bishops inclining demaunded to haue deliuered vnto them as Clerkes all such fellons as had bin Clerkes or taken for Clerkes before the Councell But the King and his Counsell were of an other opinion to wit that Pope Gregory his decision was in generall tearmes and excepted none neyther before nor after and thereby vnderstood and meant to exclude all 33. This is the case and this is the decision thereof And now let the discreet Reader iudge whether this example maketh more for M. Attorneys purpose or against him for that here the King his Counsell doe stand more strictly to the obseruaunce of the Popes decree as it lyeth then those Bishops themselues who would haue had these Bigamyes deliuered vnto them as Clerkes and therefore vrge to haue it punctually and exactly obserued And for that men of reason might meruaile why M. Attorney a man of such accompt in the law hath brought in such an instance so impertinent to his purpose he seeketh to remedy the matter by this note in the margent Obserue saith he how the King by the aduise of his Counsell expounded how the said Councell of Lyon should be vnderstood and in what sense it should be receaued and allowed heere And why is all this diligent commentary thinke you Forsooth to the end that you may imagine that the King and his Counsell tooke themselues to be aboue the Pope and generall Councell of Lyons for that they tooke vpon them to expound admit the said Councells decree By which argument M. Attorney may proue also that Archbishop Peckam of Canterbury calling a Sinod as before you haue heard of his Bishops Suffragans and other Prelates for receauing publishing and obseruing the said decrees of the same Pope and Councell the very next yeare after it was held did thinke themselues to be aboue the said Pope and Councell and to haue authority ouer them for that they receaued allowed and expounded the same decrees And doth not euery man see the folly of this kind of reasoning 34. And yet you must note further that for better bringing in of this argument M. Attorney straineth the text extremely in three or foure things to make place for this his note For whereas in the latin text of the Statute for K. Edward the first put forth in latin and so is it extant vntill this day it is said Quidam Praelati sâ—â—quam Clericos exigerunt sibi liberandos c. Certaine Prelates did require or exact to haue such Bigamies deliuered freely vnto them as Clerkes which were made Bigannies before the said constitution M. Attorney saith Certaine Prelates haue prayed to haue them deliuered whereas betwene exigere and rogare to exacte and pray is a great difference in this case 35. And againe where it is written in latin Concordatum est declaratum coram Rege Consilio suo quod constitutio illa intelligenda fit quod siuè effecti fuerunt Bigami ante praedictam constitutionem siuè post de catero non liberentur Praelatis imò fiat de
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
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
should be first if he were supreme in that sorte of authority and that the matter went by rigour of law not by composition agreemeÌ„t And finally for that the Prince in this case cannot put in a Pastor immediatly from himself giuing him spiritual iurisdiction ouer soules but must present him to the Bishop or Metropolitan to be induced by him indued with that iurisdiction which he should not doe if his owne authority spirituall were greater then the said Bishops or Archbishops And so we see that M. Attorney proueth nothing by this allegation against vs but rather against himself The Attorney The King may not only exempt any Ecclesiasticall person froâ—â—â— the iurisdiction of the Ordinary but may graunt vnto him Episcopall iurisdiction as thus it appeareth there the King had done of auncient tyme to the Archdeacon of Rick-mond All religious or Ecclesiasticall houses wherof the King was founder are by the King exempt from ordinary iurisdiction and only visitable and corrigible by the Kings Ecclesiasticall commission The Abbot of Bury in Suffolke was exempted from Episcopall iurisdiction by the Kings Charter The King presented to a benefice and his presented was disturbed by one that had obtained Bulles from Rome for which offence he was condemned to perpetuall imprisonment Tithes arising in places out of any parish the King shall hâ—â—e for that he hauing the supreme Ecclesiasticall iurisdictioâ— is bound to prouide a sufficient Pastor that shall haue the Cure of soules of that place which is not within any Parish And by the common lawes of England it is euident that no man vnlesse he be Ecclesiasticall or haue Ecclesiasticall iurisdiction can haue inheritance of tithes The King shall present to his free Chappels in default of the Deane by lapse in respect of his supreme Ecclesiasticall iurisdiction And Fitz-herbers saith that the King in that case doth present by lapse as Ordinary The Catholicke Deuine 20 Heere be diuers particulars breifly touched which I shall answere with like breuity especially for so much as they are but notes and obseruations out of particular collections of Law-writers and not Laws nor Statutes themselues First then it is denied that in the time of this K. Edward the 3. his raigne either he or any other Prince temporall could exempt any Ecclesiasticall person from the iurisdiction of his Ordinary Bishop and much lesse graunt vnto him Episcopall iurisdiction as of himself and by his owne power only he might procure it by his suite to the Sea Apostolicke as before hath byn shewed vnder K. Edward the Confessor and other Kings before the Conquest and diuers after also namely K. Henry the third and his children And whatsoeuer is said heer to the contrary for those dayes is either â—ror or mistaking for that it was common Catholicke doctrine â—â— that time as it is now that Episcopall iurisdiction cannot be giuen by 〈◊〉 but by him that hath it eminently with superiority in himself which must be by ordination commission descent from th'Apostles to whom it was giuen in Capite as before we haue declared to descend downe by succession and the said ordination and imposition of hands to the worlds end vpon Bishops Prelates and Pastores by lawful subordination the one vnto the other which cannot fall vpon any lay Princes that haue not this ordination Ecclesiasticall as euery man of iudgement and void of passion will easily see and discerne And the example before alleadged of the great Christian Emperour Valentinian the elder that professed himself to be vnum de populo non de Clero one of the lay people and not of the Clergy and consequently not to haue authority to iudge among them and much lesse to giue or exercise spirituall iurisdiction doth shew what the faith and practice of the Catholicke Church was in this point aboue twelue huÌ„dred years gone 21. Heerby then it is euident how those religious houses wherof King Edward was founder namely the Abbey of Bury which is the 3. obiection were exempted by the Kings Charter from Episcopall iurisdiction to wit the King procured the same first from the Sea Apostolicke then confirmed it by his Charter as by many examples you haue seen diuers precedent Chapters of this Booke and namely vnder King Edward the Confessor King Edgar King Kenulph and King Inas before the Conquest 22. If one was condemned to perpetuall imprisonment for disturbing the Kings presentation by the Popes Bulles it is a question de facto as you see not de iure and such might the Kings anger or offence be as he might also be put to death for it some Iudges neuer wanting to be ready to satisfie Princes pleasures in such affaires yet this doth not proue the lawfulnes of the fact And we haue seen before that this King Edward the 3. vpon the 48. yeare of his raigne promised the Pope that he would neuer vse more that manner of proceeding by his writts of Quare impedit wherby it is like this man was so greiuously punished 23. The instance of tithes allotted to the King for maintenance of a Pastor in places without the compasse of any parish is a very poore and triflying instance First for that those places that are out of all Parishes are to be presumed to be very few and secondly what great matter is it if so small a thing be left in depossto with the King for vse of the incumbent that is to ensue We haue seen in our dayes that tithes and rents of the Archbishopricke of Toledo for example in Spaine being valued at three hundred thousand Crownes by the yeare were depositated many years togeather in the Kings hands that last dyed whiles the Archbishop Carança was called to Rome imprisoned there vpon accusations of heresie and other crimes laid against him and in the end sentence being giuen a great parte of that money was graunted to the said King by the Sea Apostolicke for his wars against Infidels And yet doth not this proue that the King of Spaine had this by any spirituall iurisdiction of his owne but by concession of the Sea Apostolicke 24. And wheras M. Attorney saith heere that by the common laws of England it is euident that no man vnlesse he be Ecclesiasticall or haue Ecclesiasticall iurisdiction can haue inheritance of tithes I would aske him first how he proueth that the King of England had these tithes by inheritance and not by ordination agreement or conuention And secondly how his Common law can determine that no man may enioy tithes but he that hath Ecclesiasticall iurisdiction wheras before in the 9. leafe of his booke he maketh tithes to be an Ecclesiasticall cause and out of the Conusaunce of the said Common-law 25. And finally his last inference that for so much as the King is to present to his free Chappels in default of the Deane by lapse that this is done in
respect of his supreme Ecclesiasticall iurisdiction is altogeather childish For that first to present includeth no Ecclesiasticall iurisdiction at all and much lesse supreme and may be exercised by meer lay-men as before hath byn declared at large vnder King VVilliam the Conquerour Secondly for the King to present to his free Chappels was as much to say in those dayes as that those Chappels being made free and exempted by priuiledges and franquises frō the Sea Apostolicke for otherwise they could not be freed from iurisdiction of their Ordinary the King presented vnto them by vertue of the Canon-law and commission of the said Sea Apostolicke as founder therof 26. And thirdly that he presented after the Deane and by lapse only and not in the first place signifieth plainely that his iurisdiction in that point if presentation may be called iurisdiction as in some sense it may was lesse then that of the Deane And so Fitzherberts words are to be vnderstood that in that particular case the King presēted by lapse as ordinary that is to say wheras in other benefices when the patron or partie to whom the election nomination or presentation first cheifly appertaineth presenteth not within such a tyme the Ordinary may present as hauing by composition the second right or power in that case and after him the Metropolitan and last of all the King Heer in the case of Free Chappels wherof the King is presumed to be founder after the Deane which hath the first right and this by no other meanes then by cōcession of the Sea Apostolicke in those dayes the King by priuiledge of the same Sea had right to enter in the second place insteed of the Bishop which proueth the quite contrary to M. Attorneys conclusion for it sheweth that the King had not supreme Ecclesiasticall iurisdiction in the case proposed but secondary and subordinate to that of the Deane But let vs see further The Attorney An excommunication vnder the Popes Bul is of no force to disable any man within England and the Iudges said that he that pleadeth such Buls though they concerne the excommunication of a subiect were in a hard case if the King would extend his iustice against him If excommunication being the extreme and finall end of any suite in the Court at Rome be not to be allowed within England it consequently followeth that by the ancient Common-laws of England no suite for any cause though it be spirituall rising within this Realme ought to be determined in the Court of Rome Quia frustra expectatur euentus cuis effectus nullus sequitur and that the Bishops of England are the immediate officers and ministers to the Kings Courts In an attachment vpon a prohibition the defendant pleaded the Popes Bull of excommunication of the Plaintife the Iudges demaunded of the defendāt if he had not the certificate of some Bishop within the Realme testifying this excommunication to whom the Counsell of the defendant answered that he had not neither was it as he supposed necessary for that the Buls of the Pope vnder lead were notorious inough but it was adiudged that they were not sufficient for that the Courte ought not to haue regard to any excommunication out of the Realme and therefore by the rule of the Courte the 〈◊〉 was thereby disabled Reges sacro oleo vncti sunt spiritualis iurisdictionis capaces The Catholicke Deuine 27. All that is heere said against the acceptance or admittance of the Popes Bulls for excommunication in England for of this only as speach in this place if it be meant of this K. Edwards time only as according to the argument it must and we haue seen that vnder former Kings the contrary was allwayes in practice how then doth M. Attorney talke heere againe of his auncient Common-lawes For if it began first vnder this King then was it a new law and not auncient and if further wee find no Decree or Statute therof at all in this Kings life as hitherto we haue not nor doth M. Attorney cite or quote any then might it be a matter only de facto of some Iudges who according to the current of that time and as they should see the King affected pleased or displeased with the Popes of those dayes would reiect or admit their Buls at their discretion And then doe you see vpon what goodly ground M. Attorney inferreth his conclusion that if the Popes Buls of excōmunication were not respected in those dayes it consequently followeth that by the auncient common laws of England no suite for any cause though it be spirituall rising within this Realme might be determined in the Courte of Rome And why so For that the Popes excommunication was not obayed in England 28. But I would aske him whether no sentence could be giuen without excommunication Or whether to such as beleeued the Popes authority in those dayes it were sufficient in conscience that the said excommunications were not admitted by some Iudges in their tribunals Or at least-wise no iudiciall notice taken of them except they came notified also from some Bishop as the second Case heer set downe doth touch therby insinuateth the solution of the whole riddle to wit that Iudges were not bound vnder this K. Edward to take publicke and Iudiciall notice of anie Bull of excommunication come from abroad and presented by any priuate person except the same came notified from some Bishop in authoritie within the Realme Which caution is vsed also at this day in diuers other Catholicke Countreys round about vs for auoiding trouble deceit and confusion to wit that Bulls and other authenticall writings from Rome must be seen and certified by some persons of authority within the Realme before they can be pleaded in Courte or admitted generally 29. To the last instance that Kings annointed with sacred oyle are capable of spirituall iurisdiction we denie it not but graunt with the great Ciuill-lawyer Baldus before mentioned and all Canonists that diuers cases of spirituall iurisdiction may be graunted by the Sea Apostolicke vnto annoynted Kings and so often it hath been done especially to Kings of England as former examples haue declared namelie of K. Edward the Confessor But this assertion of capacitie abilitie to receiue some sorte of spirituall iurisdiction if it be committed vnto them doth not proue that they had the said iurisdiction in themselues or of themselues by vertue of their Crownes or annoynting as M. Attorney would haue men beleeue But let vs heare further The Attorney Where a Prior is the Kings debitor and ought to haue tithes of another spirituall person he may choose either to sue for subtraction of his tithes in the Ecclesiasticall Courte or in the Exchequer and yet the persons and matter also was Ecclesiasticall For seing the matter by a meane concerneth the King hee may sue for them in the Exchequer as well as in the Ecclesiasticall Courte and there shall the
he great difficultyes notwithstanding both therin and by domesticall conspiracyes not only the Lollards and VVickliffians but his owne nobility also kinred and cheife officers conspiring against him and seeking his ouerthrow And finally when he was in the very middest and heat of his wars and Conquest and his life and health most desired both by himself others he died with much affliction of mind in France leauing a little child of his owne name that was but eight moneths old to preserue and defend that which he had gotten but could not as the euent proued 4. This young infant then borne as it were a King of two so great Realmes and crowned in Paris it self which no other King of England euer was before or since drew out a longe raigne for almost forty yeres but intangled with many aduersityes and varietyes of fortune in which he lost first all his States of France not only such as his Father had gotteÌ„ by dint of sword but other likewise which his progenitors had inherited by lawfull succession of bloud and then by little and little leesing also at home his kinred trustie freinds that by Ciuill wars were cut of he lost at length his Kingdome being twise depriued therof and finally his life and progeny became a pittifull example of Princely misery and so this line of Lancaster entring by Gods designement as it seemeth to punish the sinnes of the former line of Edwards and Richard before mentioned and especially that as many thinke of their rough proceeding with the Church now were punished also themselues by another line of Yorke for continuing the said rigorous and preiudiciall lawes against the priuiledges and franquises therof which was written to K. Henry the 6. by Pope Martyn the 5. as Polidor noteth and he promised reformation therin but the thing depending of consent of Parlament was neuer effected nor that good motion put in execution 5. But yet that all these three Kings of the house of Lancaster were perfectly and zealously Catholicke no man can deny and infinite arguments are extant therof yea and of this point also in particular of their acknowledgment and reuerence of the soueraigne spiritual authority of the Bishop of Rome in the Church of Christ. And therfore King Henry the fourth considering the great hurtes and scandals that had ensued for many yeres togeather by schisme of Anti-Popes in the Sea Apostolicke was so carefull and diligent to procure and assist the Generall Councell indicted at Pisa in Italy for the extinguishing therof as not only he sent learned Prelates vpon his charges thither to help assist the said Councell as namely Robert Bishop of Salisbury and other learned men but wrote very pious letters also both to Gregory the 12. that was the true Pope and to all his Cardinals by a speciall Embassadge of his owne persuading the said Pope by diuers godly and prudent reasons to persist in his mind and promise of giuing ouer the Popedome as the other Anti-pope called Benedictus the 13. had in like manner promised Of which his letter to the said Pope he making mention in another to the foresaid Cardinals saith Cupientes ostendere quem zelum habuimus habemus vt pax detur Ecclesiae c. we desiring to shew what zeale we haue had and haue that peace be giuen to the Church we haue by consent of the States of our Kingdome sent our letters vnto his Holines c. 6. And when this Councell of Pisa tooke no great effect vntill fiue yeares after when in the tyme of his sonne K. Henry the 5. the generall Councell of Constance in Germany was appointed for the same effect the said sonne K. Henry the 5. following his Fathers piety heerin caused the Archbishop of Canterbury Henry Chychley to call â—â—â—â—t a Councell in England to choose fit English Prelates to be sent to that Councell and so were chosen not onlie the foresaid Bishop of Salysburie sent before to Pisa but Bath and Hereford also togeather with the Abbot of VVestminster Prior of VVorcester and other famous learned men to whom the King added for his Embassadour the Earle of VVarwycke to accompany them thither where the said schisme being extinguished by the deposition of three that pretended to be Popes and Martyn the 5. being established in that seate the whole Christian world was put in peace thereby 7. And for that in the same Councell the heresies of VVickcliffians and Lollards were especially condemned and anathematized the same decrees were presently admitted and put in execution in England by the zealous commaundement of the said K Henry the 5. though his father K. Henry the 4. and the whole State had preuented that decree by making temporall laws in confirmation of the Canonicall and Churches laws for the punishment of the said Lollards and VVickcliffians that denyed the Popes Supremacy and caused manie of them to bee burneed and so did K. Henrie the 6. also during all the time of his raigne whereby as by infinite other thinges that might bee alleadged their beleife and iudgment in that behalfe is sufficiently declared though in respect of some temporall inconueniences and the inclination of their people vpon former complaints they recalled not the said restraints laws or ordinances made by their progenitors wherof now we shall speake more particularly in answering the instances alleadged by M. Attorney our of their raignes Instances alleadged out of the Raigne of King Henry the fourth the thirtenth King after the Conquest §. I. The Attorney 8. It is resolued that the Popes Collectors though they haue the Popes Buls for that purpose haue no iurisdiction within this Realme and there the Archbishops and Bishops c. of this Realme are called the Kings spirituall Iudges The Catholicke Deuine It is to bee considered who resolued this and vpoÌ„ what ground for it maie bee there was some agreement taken between the Pope and the Realme in that behalfe concerning the Collectors authoritie as in other Catholicke Countreys also at this daie wee see there is Neither had the said Collector by his office anie ordinarie iurisdictioÌ„ but extraordinarie onlie by particular commission And commonly those collections were made cum beneplacito Principis with the good liking of the Prince where they are made Archbishops Bishops maie bee called the Kings spirituall Iudges for that they are his subiects as Peers and principall members of the Realme as before hath been declared and doe liue vnder his protection but not as though they receiued their spirituall authoritie or iurisdiction from him for then might he execute the same authoritie and iurisdictioÌ„ by others also which are no Bishops as by his Chauncellour and temporall Iudges giuing them the same iurisdiction which no man would affirme in that time as lawfull But let vs see his second Instance The Attorney 9. By the auncient lawes Ecclesiasticall of this Realme no man could be conuicted
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
indeed for if they were and had but so much as primam tonsuram they could not bee held nor iudged by that Court as often before hath byn shewed it is euident where the eminencie of authoritie laie in those daies to wit in the spiritualtie aboue the temporaltie vayne it is to stand vpon other trifling circumstances whether the Bishops deputie sent to demaund the liberty of those felons by law did giue attendance vpon the Kings Courts or no or whether he or the Iudges that were lay-men must iudge of this sufficieÌ„cy or insufficiency whether the fellon did read as a Clarke or not For if the temporall Iudges must discerne therof as M. Attorney auerreth then in vaine was the Bishops Deputy called thither without whom it might haue byn done by the Iudges alone But if he were of necessity to be called thither and vpon his oath to pronounce si legit vt Clericus and that vpon his verdict the Iudge must giue sentence to admit the fellon to the benefit of Clergy and thervpon to haue pardon of his life and to be deliuered vnto the Bishops prison as of higher authority then is it manifest that this instance impugneth rather then helpeth M. Attorneys assertion as commonly doe all the rest when they are well examined The Attorney The Popes excommunication is of no force within the Realme of England In the raigne of King Edward the 4. a Legat from the Pope came to Calles to haue come into England but the King and his Counsell would not suffer him to come within England vntill he had taken an oath that he should attempt nothing against the King or his Crowne and so the like was done in his raigne to another of the Popes Legats this is so reported in 1. H. 7. fol. 10. The Catholicke Deuyne 14. The first parte of this instance about the validitie of the Popes excoÌ„munication hath oftentimes been answered before what circumstance and conditions were agreed vpon to bee obserued in the execution thereof for auoiding inconueniences that came by false suggestions of some troublesome people and among other that it should allwaies bee directed to some Bâ—sâ—op whose certificate should bee required for the lawfvllnes therof as before hath been shewed out of the 3. yeare of K. Edward the 3. hath appeared also before out of King Richards Statute where all the Bishops expounded themselues that it was not meant to derogate by that Statute from the Popes authoritie to excoÌ„municate c. And in this very place and next words after this present instance hath M. Attorney another instance out of King Richard the 3. in these words It is resolued by the Iudges that the iudgment of excommunication in the Courte of Rome should not bind or preiudice anie man within England at the Common-law Wherby is cleerly declared the meaning of the former cause to wit that the popes excommunication which is a spirituall sentence or punishement for spirituall affaires may not preiudice temporall all suites at the Common-law in temporall matters and it is not much sinceritie in M. Attorney to alleadg these parcells of his Iudges determinations so nakedly as he doth without distinction or explication to the end his simple Reader may be put in error therby 15. The other instance of the Popes Legate staied at Calles and not suffered to come into England vntill he had taken an oath to attempt nothing against the King or his Crowne sheweth that King Edward rather doubted and feared his authoritie then contemned or denied the same especially he being in that controuersy about the Crowne as then hee was and the Pope interposing his spirituall authoritie between K. Henry the 6. and him And as well he might alleadge the example of the Popes messenger detained in Calles by commaundement of King Phillip and Q. Marie when he brought the Cardinals hat from Paulus 4. to Friar Peto for that the said Princes would not suffer him to come into the Realme vntill they had otherwise informed the said Pope by their Embassadours in Rome that the same was not expedient And yet did not this proue that they either contemned the Popes authoritie or thought this soueraigntie of spirituall iurisdiction to bee in themselues And it is a case that often falleth out in the affaires of Catholicke Princes with Popes when they doubt anie thing will proceed against them from the said Sea Apostolicke to keep off the execution or notification therof by what means they can vntill matters bee compounded And we haue had many examples therof before namely in the raignes of K. Henry the 2. K. Iohn K. Henry the 3. and two King Edwards following him who fearing excommunication were vigilant in prohibiting that no messenger from Rome should enter the Realme without their licence which was an argument rather of their esteeme then disesteeme of that place and power Out of the raigne of K. Henry the seauenth who was the nyntenth King after the Conquest §. II. In the raigne of K. Henry the 7. the pope had excommunicated all such persons whatsoeuer as had bought alume of the Florentines and it was resolued by all the Iudges of England that the Popes excommunication ought not to bee obaied or to bee put in execution within the Realme of England In a parlament holden in the first yeare of King Henry the 7. for the more sure like reformation of Priests Clerks religious men culpable or by their demerits openly noised of incontinent liuing in their bodies contrarie to their order it was enacted ordained and established by the aduise and assent of the Lords spiritual and temporall and the Commons in the said Parlament assembled and by authoritie of the same that it bee lawfull to all Archbishops and Bishops and other Ordinaries hauing Episcopall iurisdiction to punish and chastise Priests Clercks and religious men being within the bounds of their iurisdiction as shall bee conuicted afore them by examination and lawfull proofe requisite by the law of the Church of aduowtry fornication incest or anie other fleshly incontinency by committing them to ward prison there to abide for such time as shall bee thought to their discretions conuenient for the qualitie and quantitie of their trespasse And that none of the said Archbishops Bishops or Ordinaries aforesaid bee therof chargeable of to or vpon anie action of false or wrongfull imprisonment but that they be vtterly therof discharged in anie of the Cases aforesaid by vertue of this Act. Rex est persona mixta because hee hath both Ecclesiasticall and temporall iurisdiction By the Ecclesiasticall laws allowed within this Realme a Priest cannot haue two benefices or a bastard can bee a Priest but the King may by his Ecclesiasticall power and iurisdiction dispense with both of these because they be Mala prohibita and not Mala per se. The Catholicke Deuyne 16. Heere are three or foure instances for breuityes sake layed
the eight after two partes of three of his raigne wherin he had not only acknowledged and practised according to the vse of all his predecessours but singularly also defended and propugned by publicke writing the Catholicke consent of all Christendome concerning the Soueraignty of the Sea of Rome therin did at length vpon certaine occasions of particular distast anger and exasperation falling out betweene Pope Clement the 7. and him about the diuorce of his wife Queen Catherine daughter of Spaine and the marriage of Lady Anne Bullen in in her place to neither of which the said Pope would consent make strange innouations by little little as first threatning and the said Pope then substracting some of his authority and giuing it to others and finally taking all vnto himself Which deuise being once begun was continued after his death by the gouernours of his young sonne King Edward though with lesse probability and apparance of truth as before hath byn noted then reiected againe by his daughter Queene Mary who restored the same whence it was taken but reassumed though in a different deuise of words by his second daughter Q. Elizabeth that least of all was capable of it as in precedent chapters hath byn declared So as heere though M. Attorney doth euery where talke of auncient laws and common consent there is neither anquity vnity conformity consent or continuance of anie moment to bee found which will better appeare by that wee haue briefly to touch of ech one of these Princes raignes in particular Of King Henry the eyght who was the twentith King after the Conquest §. I. 2. This Prince succeeding his father King Henry the 7. in the flower of his youth when he was but 18. yeares of age but adorned with many rare graces both of mind and body tooke the scepter in hand with as great expectation of his people neighbours round about him as euer did Prince of our land before or after him and for the space of more then 20. yeares performed the same in all points of an excellent Prince both in peace and warre vntill he fell into that vnfortunate fatall breach with his wife and Queene and disordinate appetite of the other that succeeded her whervpon ensued all those strange and vnexpected mutations which afterward were seene one thing giuing occasion and making way to the other as the euents declared 3. But among all other points of Catholicke doctrine no one was more obserued by this King while he remained in his auncient peace of mind then that of his due acknowledgment subordination and respectiue correspondence with the Sea Apostolicke which being in his dayes begun to be impugned togeather with many other points of Christian religion by Martyn Luther an Apostata Friar of Germany and his followers King Henry out of his great zeale and feruour towards the said religion and Sea Apostolicke tooke vpoÌ„ him to write a special learned booke in defence therof against the said Luther which booke he sent to Rome presenting it to Pope Leo the tenth subscribed by his owne â—and which I haue seen by a speciall Embassadour for that purpose Doctor Clerke Bishop of Bath and VVells that made an earnest speach and eloquent oration at the deliuery therof in protestation and commendation of his Kings high and resolute zeale in this behalfe all which being extant in print I remit the Reader thervnto for his better satisfaction 4. Only I cannot pretermit to recite in this place some of his words which he vseth in that booke in defence of the Popes Ecclesiasticall Supremacy which himself afterward vpon new passions rising so greatly impugned Thus then he wrote against Luther in those dayes Non tam iniurius ero Pontifici vt anxiè sollicitè de eius Iure disceptem tanquam res haberetur pro dubia c. I will not offer so much iniury vnto the Pope as earnestly and carefully to dispute heere of his right as though the matter might be held in doubt it is sufficient for that which now we haue in hand that his enemy Luther sheweth himself so much to be carried away with passion and fury as he taketh all faith and credit from his owne sayings cleerly declaring his malice to be such as it suffereth him neither to agree with himself nor to consider what he saith So be 5. And then after a large confutation of Luthers fond opinion and furious assertion that the pope neither by diuine or humane law but onlie by vsurpation and Tyrannie had gotten the headshipp of the Church K. Henry vseth two stong reasons and arguments against him among other to represse his maddnes therein The first of generall consent from antiquitie saying Negare non potest c. Luther cannot deny but that all the faithfull Christian Churches at this daie doe acknowledge and reuerence the holie Sea of Rome as their mother and Primate c. And if this acknowledgment is grounded neither in diuine nor humane right how hath it taken so great and generall roote How was it admitted so vniuersally by all Christendome When began it how grew it to bee so great And wheras humane consent is sufficient to giue humane right at least how can Luther saie that heer is neither diuine nor humane right where there is and hath been for time out of minde so vniuersall humane consent c. Certe si quis rerum gestarum monumenta reuoluat inueniet iam olim protinùs post pacatum orbâ—m plerasque omnes Christiani Orbis Ecclesias obtemperasse Romana c. Truly if a man will looke ouer the monuments of things and times past he shall find that prefently after the world was pacified from persecution the most parte of Christian Churches did obay the Roman yea and the Greeke Church also though the Empire were passed to that parte wee shall find that shee acknowledged the Primacy of the same Romane Church but only wheÌ„ shee was in Schisme And as for S. Hierome though he were no Roman yet did hee in his daies ascribe so much authoritie and preheminence to the Roman Church as he affirmed that in matters of great doubt it was sufficient for his faith to bee allowed and approued by the Pope of Rome c. This is the first argument vrged by King Henry of antiquitie and consent 6. Another hee alleadgeth of impossibilitie for the Pope to haue attained by force and Tyrannie to so great authoritie as he had according to Luthers calumniation the effect is this Cum Lutherus tam impudenter pronunciet c. Whereas Luther so impudeÌ„tly doth affirme that the Pope hath his Primacie by no right neither diuine nor humane but onlie by force and Tyrannie I doe wonder how the mad fellow could hope to find his Readers so simple or blockish as to beleiue that the Bishop of Rome being a Priest vnarmed alone without temporall force or right either diuine or humane as he supposed
well by the words of the Statute which are these VVhere the Kings most excellent Maiesty is by gods law supreme head immediatly vnder him of his whole Church of England intending the conseruation of the same Church in a true sincere and vniforme doctrine of Christs religion calling also to his blessed and most gratious remembrance the innumerable commodities which ensue of concord and vnity in religion c. hath therfore commaunded this his most high Court of Parlament to be summoned as also a Synod of all the Archbishops Bishops and other learned men to bee assembled c. for a full and persect resolution of certaine Articles proposed which are the former six his Maiesty also most gratiously vouchsafing in his owne Princly person to descend and come into his said high Courte and Councell and there like a Prince of most high prudence and no lesse learning opened and declared manie thinges of high learning great knowledge touching the said Articles matters questions whervpon after great and longe deliberate disputation and consultation had and made it was finally resolued as before c. 17. Thus you see how maturely this matter was done and resolued by the new head of the English Church and his Counsell which resolution not withstanding I presume M. Attorney and those of his religion will not well allow à parte rei though for his authoritie they may not denie it according to their owne grounds in that he did contradict therin the Popes and so in this respect they seem to bee but in pittifull plight for that neither the one nor the other head serueth well their turnes And with this wee shall leaue King Henry the 8. who in all the rest of his raigne which as hath byn said was but the third parte after his spirituall headship of that he had raigned before in acknowledgment of the Popes Supremacie his Decrees Ordinances and actions though they were inconstant variable yet were they all except this only controuersie of the Popes authoritie against Protestants and their religion as appeareth both by his solemne condemning and burning of Iohn Lambert for denying the Reall presence the next yeare after this Statute was made as also of Anne Ascue and others vpon the last yeare of his life for the same heresie and of manie others for other Protestant-opinions so as I doe not see how M. Attorney can much glorie in this first headshipp of his Church of England especially that being true which Bishop Gardiner preached and protested publikely at Pauls Grosse in Queen Maries time that K. Henry dealt with him a little before his death for reconcyling himself to the Pope by restoring to him his authority againe if with his honour it might bee brought to passe but before this could bee treated he died and thereby was frustrated of his good purpose therin The answere to certaine Instances of M. Attorney out of this raigne of K. Henry the eight §. II. 18. And this might suffice for King Henries raigne but only that M. Attorney vpon the recitall of certeyne of the said Kings Statutes made by himself for his owne spirituall Supremacy which I hold not needfull for me to stand to answere he moueth a doubt and answereth the same in such sorte as is worthy of consideration His doubt is that for so much as K. Henry was now declared head of the Church and all Ecclesiasticall iurisdiction taken from the Pope in England and in English affaires what shal become of the Canons or Canon law togeather with the Constitutions and Ecclesiasticall Ordinances depending of the Church of Rome wherby the spirituall Courts of England were wont to bee gouerned you shall heare his answere in his owne words The Attorney If it bee demaunded saith hee what Canons Constitutions Ordinances and Synodals Prouinciall are still in force within this Realme I answere that it is resolued and enacted by authoritie of Parlament that such as haue been allowed by generall consent and custome within the Realme and are not contrariant or repugnant to the Laws Statutes and Customes of this Realme nor to the damage or hurte of the Kings prerogatiue Royall are still in force within this Realme as the Kings Ecclesiasticall laws of the same Now as Consent and Custome hath allowed those Canons so no doubt by generall consent of the whole Kealme anie of the same maie bee corrected enlarged explained or abrogated For example there is a decree that all Clerkes that haue receiued anie manner of Orders greater or smaller should bee exempt pro causis criminalibus before the temporall Iudges This decree had neuer anie force within England First for that it was neuer approued and allowed of by generall consent within the Realme Secondly it was against the laws of the Realme as it doth appeare by infinite presidents Thirdly it was against the prerogatiue and soueraigntie of the King that any subiect within this Realme should not bee subiect to the laws of this Realme The Catholicke Deuine 19. Heere you see two points touched in this answere First the resolution it self and then the confirmation therof by a speciall example The resolution is very ambiguous doubtfull and vncertaine if you consider it For he saith that such Canonicall laws are to bee still in force as were allowed by generall consent not contrariant to the laws statutes and customes of this Realme nor importe anie dammage to the Kings prerogatiue Royall And what are these thinke you And how vncertaine a rule is this prescribed for laws whereby matters of conscience must be determined Who may not say in his owne case or others this Canon or Constitution though it be of neuer so auncient Councels or Decrees of the Church for of such consisteth the Canon-law was neuer allowed by generall consent of England this is contrariant to some Statute or Custome this importeth dammage to the Kings prerogatiue Royall and so indeed by establishing this new headship the whole body of Ecclesiasticall regimēt was ouerthrowne though M. Attorney to salue the matter saith that the said Canonicall lawes should remaine still in force with the restrictiōs aforesaid as the Kings Ecclesiasticall lawes which is as much to say as that these Canon-lawes that were made by generall Councels Nationall or Prouinciall Synods and by the Popes of Rome themselues shall not remaine as their lawes but as the Kings lawes for that he retaineth them of which poore refuge I haue spoken often before how weake and idle it is 20. But now for his particular example chosen out to proue that the generall Canonicall lawes of the whole Church receiued throughout Christendome may be corrected and enlarged explaned abrogated by a particular Countrey which is contrary to the common Maxime that no law can be abrogated but by the same authority by which it was made and allowed or greater I cannot but maruaile that he would insist vpō the exemption of Clerks from secular
VValsingham alleadgeth this confirmation of the said priuiledge in his time Quod nullus Clericus sit arrei ratuâ— coram Iustitiarijs suis siue ad sectam suam siue partes si Clericus suae Clerimoniae se submittat dicens se membrum Ecclesiae Sanctae non debere ipsis Iustitiarijs respoÌ„dere That no Clerk maie bee arraygned before the Kings Iustices at the suite of the said King or of anie other party yf the said Clerk doe submitt himself to his Clergie affirming that hee being a member of holy Church ought not to answere to the said Iustices So VValsingham And this shall bee sufficient to meete with the assertion of M. Attorney to the contrary and herewith shall we end our speach of King Henry the eight Of King Edvvard the sixt the one and twentith King after the Conquest §. III. 26. This younge Prince being but a child of 9. yeares old when his father King Henry died as often hath been said was by his Tutors and Gouernours especially his Vncle Earle of Hartford after made Duke of Somerset and some others that followed his appetite in the desire of innouation about matters of religion declared Head of the Church vnder the same stile as his father had been before and by that headship and pretence therof they took to theÌ„selues authoritie to make that change which after ensued partly to the opinions of Luther partly of Zuinglius for Caluin was not yet so famous or forward in credit for some years after and to ouerthrow and alter in effect all that King Henry by his headship had ordained and established before concerning religion as may appeare by the seuerall and particular repeals of the most parte of all his Statutes touching that affaire except only this of his departure from the Pope and obedience of the Sea Apostolicke 27. But yet one principall declaration and important constitution they added in this matter as before hath been touched aboue that of King Henry according to the saying facile est inuentis addere and this is that whereas the Father K. Henry taking from the Pope his accustomed iurisdiction Ecclesiasticall did transferre it vnto his Clergie of England and afterward declaring himself Spirituall head of that Clergie did consequentlie inferre he was head of the English Church also in spirituall matters yet did he not explaine from what origen properly this spirituall power did flow which point the said Gouernours of the child-King Edward did interprete and decide shewing that all spirituall iurisdiction power and authority ouer soules by loosing or binding of sinnes or other spirituall actions in Bishops Prelates and Priests proceeded and was deriued from this young child who yet notwithstanding as ech man may consider was not of yeares to haue perfect vse of reason for disposing so much as temporall matters and how much lesse in spirituall For so affirmeth plainly S. Paul to the Galathians Quanto tempore haeres parâ—ulus est nihil differt à seruo cum sit Dominus omnium sed sub tutoribus actoribus est vsque ad praefinitum tempus à Patre All the time that the heire is young or vnder age though he be Lord of all by inheritance yet doth he differ nothing from a seruant or bound-man in subiection but is vnder Tutors and Administrators vntill the tyme of his age appointed by his Father So the Apostle 28. And if then this young King had not yet authority as of himself to dispose of any temporall affaires which are of much lesse moment we may easily consider what may be thought of spirituall and Ecclesiasticall that require more the vse of reason and iudgement for exercising of iurisdiction therin then doth the other But you will say perhaps that the same Tutors and Administrators that gouerned him in secular Ciuill affaires might take vpon them also iurisdiction in the spirituall likewise and so the Duke of Somerset for example with his assistants might be secondary or Vicar-heads of the Church of England vnder him for the tyme to absolue or bind sinnes determine of heresies dispose of Sacraments and the like 29. But to this â—s easily answered according to the principles set downe in the secoÌ„d Chapter of this booke that for so much as all temporall power is giuen first of all by God in the law of Nature vnto the people or multitude who thereby haue authority to transferre the same to what manner of gouernement they like either Monarchie or other it followeth also that the Common-wealth that had authority to choose or appoint the state of Kings to raigne ouer them had and hath power to giue sufficient authority in like manner to Tutors and Administrators to gouerne the said Common-wealth in temporall affaires during the tyme of their Kings minority or non-age But that the origen of spirituall power comming not by this way of the people nor being giuen to them at all but immediatly by Christ our Sauiour to his Apostles and their Successours Bishops and Prelates by lawfull Ordination and Succession of Priesthood and imposition of hands to the end of the world no temporall Tutors or Administrators could rightly get into this authority except they were first made Priests and this also by Caluins opinion and assertion as well as ours as before hath byn declared 30. By this then wee see how and by what assurance this headship of the Church and supreme Ecclesiasticall authoritie therof passed from the Father to the sonne which was such as it liked not M. Attorney to alleadge anie one Statute of this mans time against vs though all in deed were made against vs and against the said Father as maie bee easily imagined considering the Current of that time And the very first of all was in fauour of Luthers opinioÌ„ about the Reall presence which afterward they changed into that of Zwinglius They changed also twyce their Communion booke and forme of seruice and Sacraments first vpon the second and third yeares of King Edwards raigne and secondly vpon the 5. and 6. as appeareth in the particular Statutes of those yeares They repealed a great number of K. Henries Statutes as by name concerning treasons and heresies They repealed his famous Statute for PrecoÌ„tracts in marriages as also dissolued diuers of his Courts that he had set vp And finally they respected nothing the said King Henries headship nor his prescription or direction therin but followâ—d their owne for the time that their power endured And yet all was published vnder the name of the Ghospell and New reformation established by negociation in Parlament as though the matter had proceeded from very sound and founded Ecclesiasticall authoritie And this for that time wherof M. Attorney alleadging no one example against vs I haue no further need to enlarge my self Of the raigne of Queene Mary the two and twentith Princesse after the Conquest §. IIII. 31. As M. Attorney doth preâ—ermitt
read predecessors Pag. 117. lin 12. for religions read Religious Pag. 118. lin 14. for men desires read mens desires Pag. 122. lin 33. for quetting read quietting Pag. 129. lin 11. for endevving read endowing Pag. 152. lin 12. for Tyrus read Cyrus Pag. 168. lin 31. ovvne his vvords read his owne words Pag. 177. lin 25. for bad read had Pag. 191. lin vlt. in some copyes for hape read haue Pag. 208. lin 39. for sâ—ruiued read suruiued Pag. 209. lin 10. for hir read his Pag. 225. lin 20. for the read she Pag. 229. lin 26. for aginst read against Pag. 254. lin 36. hath said adde hath byn said Pag. 270. lin 26. for my read any Pag. 275. lin 10. for pecular read peculiar Ibid. lin 22. for theraâ—ut read therabout Pag. 278. lin 35. for began read begun In the Margentes Pag. 17. for controsies read controuersies Pag. 85. for lavvoy read lawes Pag. 146. for had read bad Pag. 383. for Castus read Calixtus Pag. 180. for 25. read 35. Pag. 132. for hauing read raigning It may please thee gentle Reader of thy curtesy to pardon these and other like faultes if any shal be found and consider vvith thy selfe the difficultyes we haue in vsing the help of straungers herin A TABLE OF THE PARTICVLAR MATTERS CONTEYNED IN THIS BOOKE A. ABbyes Monasteryes founded in England by Religious Catholicke Princes Cap. 6. à num 37. vsque ad num 49. Abbey of Euesham priuiledged from Rome cap. 6. num 42. Abbey of S. Albans founded by K. Offa. cap. 6. num 43. The priuiledges and exemptions of the same ibid. Abbey of Glastensbury priuiledged by Pope Iohn the thirtenth cap. 6. num 45. Abbey of VVestminster priuiledged at the petition of K. Edward the Confessor cap 6. num 47. 48. Abbot of VValtham punished why cap. 12 num 29. 32. Absurdityes of Statute-decrees in Parlament about spirituall power giuen to secular Princes cap. 3. n. 6.7.18.19.20 21. 22. 23. 24. Absurdity of a womans Supremacy in spirituall matters cap. 4. num 27. Absolution of K. Henry the second by the Popes Legates cap. 9. nu 12 13. S. Adelmus Bishop of Sherborne his voyage to Rome cap. 6. num 40. His booke of Virginity ibid. n. 42. Adelnulph King of England his confirmation of Peter-Pence to Rome cap 6. num 71. Agreement betweene the Pope and K. of England about Prouisions of Ecclesiasticall dignityes in England cap. 12. num 12. 39. S. Ambrose his iudgement of spirituall power cap. 2. n 25. 26. His combattes and conflictes with the Emperour and Empresse about Church-affayres ibid. n. 27.28 29. Ancient-Fathers directions how to find out truth cap. 1 n. 17. 18. Their freedome of speach to Emperours cap. 4. n. 4. 5. 6. S. Anselme Archbishop of Canterbury his commendations cap. 8. num 2. His pall brought from Rome by the Popes Legat. ibid. num 4. His plaine dealing with K. VVilliam Rufus ibid. num 5. His reconciliation with K Henry the first ibid. num 11. Appellations to Rome about Controuersies that fell out in England cap. 6. n. 49. 50. deinceps Appeale of K. Henry the second to the Pope about the controuersie of the death of S. Thomas of Canterbury cap. 9. n. 11. Appeales from K. Richard the first to the Pope cap. 9. num 23. Appeale of Richard Archbishop of Canterbury to Rome against K. Henry the third cap. 10. num 17. Archbishop of Canterbury accused to the Pope by K. Edward the first cap. 11. num 16. Archbishop of Canterbury depriued of spirituall Iurisdiction by Q. Elizabeth cap. 11. num 30. Archbishop of Yorke put to death by commaundement of King Henry the fourth cap. 15. num 23. Arguments of K. Henry the 8. against Luther for the Popes Supremacy cap. 15. num 5. 6.7 deinceps Assertions of Protestants and the foundation therof Prefac num 7. S. Athanasius his seuere reprehension of the Emperour Constantius cap. 4. num 8. M. Attorney his imagined ignorance cap. 1. num 12. His condemnation of controuersy-wryters ibid. num 26.27.28 29. His time of study in law ibid. n. 34. His absurd propositions and arguments refuted cap. 3. per totum deinceps per totum librum His arguments and shiftes returned vpon himselfe cap. 4. num 9 12. His new deuise to make Ecclesiasticall lawes the Kinges lawes ibid. num 13. 14. M. Attorney challenged cap. 6. n. 28. Iniuryes offered by him to many in this his booke cap. 16. per totum His false charge of Catholickes ibid. num 2. His iniurious and slanderous calumniations ibid. num 10. His manifest notorious vntruthes ibid. num 11. His Idaea Plaetonica of ancient comon-lawes ibid. num 13. His false information of his Maiesty that now is ibid. num 15. 16. His promise not performeable ibid. num 34. S. Augustines seuere sentence against heretickes and heresies cap. 16. n. 29. S. Augustine of Canterbury his successors by appointment from Rome cap. 6. num 20. Authority spirituall temporall the difference therof cap. 2. n. 4. 5. Authority Episcopall greater then Imperiall cap. 2. num 25. Authority spirituall giuen vnto Q Elizabeth by Parlament cap. 3. num 3. The absurdityes and inconueniences therof ensuing ibid. num 4. 5. Authority of Bishops Courtes from whence it is deriued cap. 13. num 17. Authority of English Prelates when England was Catholike cap. 14. n. 17. B. Bastardy a let or hinderance to Priesthood cap. 14. num 19. S. Benedict of Northumberland his voyage to Rome for priuiledges of his monastery cap. 6. num 39. Benefices collated by lay-men cap. 7. num 26. 29. S. Bertulph his monastery priuiledged from Rome cap. 6. num 39. Bigamy cap. 11. num 30. 31. A statute therof by K. Edward the first ibidem Doubts therabout raised in England ibid. num 31. 32. Bishops made in EnglaÌ„d by the Popes authority cap. 6. num 21. 22. Bishops lands seased into the Kinges handes and why cap. 11. num 28. Bishops how they might be punished for not admitting the Kinges iust presentation cap. 11. num 29. Bishop of Hereford taken from the barre of secular Court by Ecclesiasticall authority cap. 11. num 46. Bishops and Prelates of England sent to the Councell of Constance in Germany cap. 13. num 6. Bishops how they may be called the Kinges spirituall Iudges cap. 13. n. 8. Bishops Courtes from vvhence they haue their authority cap. 13. num 17. Bishops hovv farre they may be commaunded by the King cap. 13. num 18. Birth-right of lavves c. â— n. 18.22 23. Birth-right of Englishmen is Catholicke Religion cap. 1. num 26. Bodyes to the King and soules to the Priest cap. 4. num 5. Booke of K. Henry the 8. against Luther in defence of the seauen Sacraments cap. 15. num 3.4 5. Breach of King Iohn vvith the Sea Apostolicke and occasion therof cap. 9. num 57. Breach of K. Henry the 8. with
His reconciliation vvith the Sea of Rome ibid. num 62. 63. His death ibidem n. 66. Iurisdiction spirituall and temporall and the dependance or independance the one of the other cap. 2. n. 6. 7. Iurisdiction-spirituall internall and externall cap. 2. n. 16. Ins how farre the vvord extendeth cap. 1. num 3. K. Key of knowledg cap. 6. num 32. Kinges capable of Ecclesiasticall iurisdiction by commission cap. 12. n. 29. King how he is Persona mixta c. 14. num 1â— King Edward the CoÌ„fessor his Charters and priuiledges for Church-libertyes cap. 5. n. 15. deinceps Item his subiection to the Pope ibid. num 16. 17. 18. King Edward the first excommunicated by Pope Formosus cap. 6. n. 57. King Edvvyn of Northumberland demaunded Bishops from Rome c. 6. nu 22. Priuiledges graunted vnto him by Pope Honorius ibidem King Edgar his reformation of the Clergy of England by authority from Rome cap. 6. num 27. King Ceadwalla of the VVestsaxons his going to Rome and death there cap. 6. num 40. King Ethelbert of kent his Charter for Church priuiledges cap. 5. num 11. His dependance of the Sea of Rome cap. 6. num 20. King Inas his lavves in fauour of the Pope cap 6. num 69. His Peter-pence paid to Rome ibid. num 68. King Kenulphus his Charter for Church priuiledges cap. 5 num 3. 4. His letter and humble petition to Pope Leo. cap. 6. num 30. 32. King Offa of Mercia his atteÌ„pt against Iurisdiction of the Sea of Canterbury cap. 6. num 29. King Offa the younger of Mercia his Confirmation of Peter-pence to Rome cap. 6. n. 70. King Osway of Northumberland his embassage to Pope Vitalianus for an Archbishop into England cap. 6. n. 24. King of Spaine his Ecclesiasticall Iurisdiction in Sicily cap. 15. num 20. Knightes of the Temple suppressed in England cap. 11. nu 43. L. Lanfranke chosen Archbishop of Canterbury cap. 7. n. 4. His letter to Pope Alexander the second ibidem Lawes Ecclesiasticall not made but receaued by secular Princes cap. 1. n. 4. Lawes-birthright cap. 1. num 18. 19. Lawes municipall and their antiquity cap. 1. n. 19. Their commodityes discommoâ—â—â—â—â—â— ibid. num 20. Lawes-canon and how they vvere first receyued in England cap. 4. n. 17. Law-Ciuill and vvhat it is c. 4. n. 24. Law of Nature cap. 4. num 25. Law Euangelicall cap. 4. num 29. Lawes municipall of England cap. 4. num 39. Lawes made before the Conquest by secular princes concerning Ecclesiasticall iurisdiction cap. 6. n. 3. 4.5.6.7 deinceps Lawes Ecclesiastical not made by Princes but by Prelates in England c. 6. n. 9. Lawes attempted by K. Henry the second against the Church of England cap. 9. n. 7. Lawes of K. Edward the first in preiudice of the Clergy of England cap. 11. num 21. Law of Premunire and beginning therof cap. 12. n. 11. 12 Lawes Ecclesiasticall subiect to euery mans particular caluÌ„niation c. 15. n. 19. Legates of the Pope forbidden entrance into England and vvhy cap. 14. num 13. 15. Leopold Duke of Austria his imprisoning of K. Richard the first cap. 9. num 39. Lollards heretickes in England cap. 13. n. 7. Lawes for their apprehension and execution ibid. num 7. 23. Their name and origen ibidem Luther impugned by K. Henry the 8. Cap. 15. num 4. 5. 6. deinceps His inconstancy inueighed at by the same King ibid. num 7. M. Missions into England by authority of the Pope cap. 6. num 33. Monasteryes and Abbeys founded in England before the Conquest cap. 6. à num 37. vsque ad 49. Monasteryes and Churches priuiledges procured from Rome cap. 6. n. 37. 38. 39. Monastery of S. Bertulphes the priuiledges therof cap. 6. num 39. Motiues that indured K. Edw. the 3. to proceed so violently against the Church of England cap. 12. num 3. Mounsieur Lansackes coÌ„ference vvith Queene Elizabeth cap. 15. num 41. N. Name of Lollards from whence it is deriued cap. 13. num 23 24. M. Attorneys ridiculous Etimology therof ibid. num 22. Nature and conditions of spirituall and temporall iurisdiction expressed by S. Gregory Nazianzen cap. 2. num 4. Nicolas Morris Abbot of VValtham punished by K. Edw. the third vvhy cap. 12. num 29. 32. Nouelty of Q. Elizabeths supremacy misliked by Puritans and Protestants cap. 4. num 41.42.43 deinceps O Oath of Supremacy exacted first of all by Queen Elizabeth cap. 4. num 52. 53. Oath of K. Stephen for the maintenance of the libertyes of holy Church of England cap. 8. n. 27. Obedience of Clergy-men due to the Ciuill Magistrate and how cap. 2. num 33. 34 Obedience of K. Edward the Confessor to the Popes of Rome in his tyme. cap. 5. num 16.17 18. Occasion of the breach of K. Iohn with the Sea Apostolicke cap. 9. num â—7 Occasions of K. Henry the 8. his breach from the pope cap. 15. numero 10. 11. Offa King of the Mercians his confirmation of Peter-pence to the Sea of Rome cap. 6. num 70. Ordinances and decrees of Pope Formosus for the Church of EnglaÌ„d cap. 6. num 59. Origens of spirituall and temporall iurisdiction different cap. 15. num 29. Osius his resolute speach to Constantiâ—s the Emperour cap. 4. num 7. P. Palles of the Archbishops of England accustomed to be taken at Rome cap. 7. n. 11. S. Paules esteeme of spirituall Power giuen vnto him other the Apostles and their successors cap. 2. n. 13. 14. His eager reprehension of vvomans superiority in the Church cap. 4. n. 32. Peace of the Church what it is cap. 7. num 16. Pascalis the pope his letter to King Henry the first cap. 8. num 10. Pennance of K. Henry the 2. at the body of S. Thomas of Canterbury cap. 9. num 19. Peter-pence paid to Rome and the beginning therof cap. 6. n. 67.68 69. The same coÌ„firmed by K Offa. ibidem num 70. Also by K. Adelnulph ibid. num 71. In like manner by K. Canutus the Dane ibid. num 72. By K. Edward the Confessor ibidem num 73. Item by K. VVilliam the Conquerour ibid. num 74. And by other kinges vntill K. Henry the 8. ibid. num 75. Perills that often rise by the insolency of priuate men cap. 16. num 3â— Pilgrimage to Rome for deuotion by diuers of our English kinges cap. 6. num 76.77 deinceps Plurality of benefices and vvho can dispense therwith cap. 14. num 20. Pointes commendable in a good pastor cap. 4. num 37. Pope Honorius his priuiledges to K. Edwyn of Northumberland cap. 6. n. 22. Pope Formosus his excommunication of K. Edward the first before the Conquest cap. 6. num 57. His decrees and Ordinances for the Church of England ibid. num 59. Pope Pascalis his letter to K Henry the first cap. 6. num 10. Popes prouisions in EnglaÌ„d for Ecclesiasticall liuinges to straÌ„gers cap. 12. n. â—
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
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
OF THE CONTROVERSY Discussed throughout this vvorks WHat is in the 〈…〉 in the 〈◊〉 yeare of 〈…〉 there is giuen 〈…〉 power and 〈…〉 as by any 〈…〉 hath 〈…〉 may lavvfully bee 〈…〉 did assigne 〈…〉 great Seale of England 〈…〉 diction whatsoeuer vvhich â—â— any manner â—pirituall 〈…〉 Authority or Iurisdiction can or may lavvfully be vsed to correct and 〈◊〉 errors heresies schismes abuses c. The question is Whether this authority and spirituall 〈…〉 to the ancient lawes of England in former times 〈…〉 were a Statute not introductory 〈…〉 lavv 〈…〉 only of an old so as if the said Act had neuer 〈◊〉 made yet the 〈…〉 that authority and might haue giuen it to others as 〈…〉 holdeth the affirmatiue part and the Catholicke 〈…〉 TO THE RIGHT VVORSHIPFVLL SYR EDVVARD COOKE KNIGHT His Maiesties Attorney generall SYR I had no sooner taken a sight of your last Booke entituled The fifth Part of Reportes vvhich vvas some number of monethes after the publication therof in England but there entred vvith the reading a certaine appetite of ansvvering the same and this vpon different motiues as vvell in regarde of your person and place abilitie and other circumstances depending theron as also of the subiect and argument it selfe vvhich yovv handled and manner held in handling therof to â—he greatest preiudice vvrong and disgrace of Catholickes and Catholicke religion that you could deuise And first in your person and place I considered your facultie and profession of the common lavves of our Realme your long standing and speciall preferment therin your experience and iudgemeÌ„t gathered thereby your estimation and credit in the Common-vvealth and your authority honour and riches ensuing thervpon all vvhich drevv me to the greater consideration of your Booke but principally your said profession of our Common temporall Municipall lawes vvhich science aboue all other next to Diuinitie it selfe doth confirme and conuince vnto the vnderstanding of an English-man the truth of the Catholicke Roman religion For so much as from our very first Christian Kings Queenes vvhich must nedes be the origen and beginning of all Christian common lavves in England vnto the raigne of King Henry the eight for the space of more then nyne hundred yeares all our Princes and people being of one and the selfe same Catholicke Roman religioÌ„ their lavves must needes be presumed to haue byn conforme to their sense and iudgment in that behalfe and our lavvyers to the lavves so as novv to see an English temporall lavvyer to come forth and impugne the said Catholicke religion by the antiquity of his Common-lavves throughout the tymes and raignes of the said Kings in fauour of ProtestaÌ„ts Lutheranes Caluinistes or other professors not knovvne in those dayes is as great a nouelty and vvonder as to see a Philosopher brought vp in Aristotles schole to impugne Aristotle by Aristotles learning in fauour of Petrus Ramus or any other such nevv aduersary or lately borne Antagonist Or as to behold an ancient Phisitian trayned vp in Galens tents to fight against Galen and Galenistes out of their ovvne bul-vvarkes or fortresses yea and this in ayde of Paracelsians or any other fresh crevv of Alchimian doctors vvhatsoeuer 3. This first consideration then of your person place and profession did inuyte me strongly to come and see vvhat you said in this behalfe but no lesse did the argumeÌ„t or subiect of your booke togeather vvith your maÌ„ner of treating the same of vvhich tvvo points I shall speake seuerally for that they haue seuerall ponderations all in my opinion both important rare and singular For vvhat more important matter can be thought of among ChristiaÌ„s then to treat of Spirituall Power Ecclesiasticall Authority being the kinges bench of Christ on earth the table of his scepter the tribunall of his dominion iurisdiction vvhereof dependeth the vvhole direction of soules the remission of our sinnes the efficacy of his Sacraments the lavvfulnes of all priesthoode and ministery the gouernment of the vvhole Church and finally the vigour frute effect of all Christian religion This is the importance of your argument M. Attorney and consider I pray you vvhether it standeth vs not much in hand to be attentiue vvhat you say and hovv substantially you pleade in this matter 4. And as for the other tvvo circumstances of rarenes and singularity vvhere may they more be seene then in this so vveighty a case conteyning the vvhole povver of the sonne of God both in heauen and earth for so much as belongeth to remission of sinnes and gouernement of his earthly inheritance vvhich is heere handled and ouer-ruled by a temporall lavvyer and by him giuen to a temporall Lady and Queene and this not only by force of a temporall Statute made in ParlameÌ„t to that effect the first yeare of her raigne vvhereby Ecclesiasticall Supremacy vvas ascribed vnto her but by the very vigour of her temporall crovvne it self vvithout any such Statute and by vertue of the ancient pretended Common-lavves of our Realme vvhich Common-lavves being made receaued introduced and established by Catholicke Kings and Queenes as hath byn said maketh the matter so strange and rare the vvonder admiration so great as neuer paradox perhaps in the vvorld seemed more rare singular in the eyes of Philosophers then this in the iudgement of learned Deuines And vvho then vvould not be allured vvith this singular nouelty to search somvvhat after the depth of so nevv deuised a mystery 5. After this ensueth as considerable your methode manner of handling this subiect vvhich to me seemeth nothing vulgar and consequently to you and 〈…〉 particularitâ—es 〈…〉 ‑ cero That yo◠〈…〉 uersies and 〈…〉 forth All that 〈…〉 grâ—â—e repâ—â—â—â—◠〈…〉 your side 〈…〉 vse your 〈…〉 the truth for 〈…〉 modesty and 〈…〉 7. All thâ—â—â—â—hin 〈…〉 encourage 〈…〉 reuievv o◠〈…〉 hope to my 〈…〉 modesty and 〈…〉 so much comm 〈…〉 ued and intenâ—â—◠〈…〉 cleere face 〈…〉 in your 〈…〉 you vvill doe 〈…〉 ‑ cile cedes 〈…〉 your self â—â— the 〈…〉 animo digâ—â—â—â—◠〈…〉 se sua spoâ—te 〈…〉 in deed to confessâ—◠〈…〉 fortitude but 〈…〉 ner goeth grea◠〈…〉 soules neuer-dying 〈…〉 â—e accompted our highest interest for that the â—uestion novv in hand betvveene you and me â—oÌ„cerneth the same most neerly as in the sequent â—reface vvill more largelie appeare â— Novv only I am to say promise also on my â—ehalfe that I meane to proceed in the prosecuâ—ion of this vvorke according to your foresaid â—rescriptions of truth temperance modesty and vrâ—anity and this both in center and circumference â—s neere as I can and if necessity at anie time or â—pon anie occasion shall enforce me to be more earnest it shall be rather in the matter it self then against the man I meane your self vvhose person and place I shall alvvaies haue in devv regard though I may not omit to tell you that in some partes of your booke especially tovvardes the end
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
word or two concerning the Title whose inscription is Reports of diuers Resolutions and Iudgements giuen vpon great deliberation in matters of great Importance and Consequence by the Reuerend Iudges Sages of the law togeather with the Reasons Causes â—f their Resolutions and Iudgments published c. By which words of â—reat Deliberation great Importance and Consequence Reuerend Sages the like M. Attorney like a studious Rhetorician procureth to purchase credit and estimation to this his worke of Reports Alâ—eit I be confident to the contrary that vpon the ensuing search â—hese Reports directed by hym to the impugning of Catholike reâ—â—gion being only bare and naked Reports indeed without profe or reason alleaged at all will neither proue so graue Resolutions â—udgemeÌ„ts nor to haue byn giuen alwayes vpoÌ„ so great deliberation â—or of so great importance Consequence as he pretendeth and that when the reasons and causes therof shall bee examined they â—ill rather ouerthrow than establish his principal conclusion wherin I remitt my self to the euent â— There followeth the same title to knitt vp the page this pleaâ—â—ng sentence of Cicero in his Tusculane questions Quid enim laeâ—ro nisi vt veritas in omni quaestione explicetur verum dicentibus facilè ceâ—â—m What doe I endeuour but that the truth should be laied open in euery question with resolution to yeld to them that shall speake the truth This sentence I say giueth mee great comforte yf M. Attorney will doe as he insinuateth and follow the indifferencie of his Author alleaged who in the matters he handled which were of philosophye is knowne to haue byn so equall as he was not well resolued what part to take Yet doe I not exact so much equality in this our controuersie of diuinitie presuming my aduersary to be preoccupated with the preiudice of one parte but shall rest well satisfied with his desire to haue the truth examined in euery point and much more with his readines to yeeld vnto her whersoeuer she shall be founde 3. And with this I shall passe to his Preface notinge only one point or two more by the way wherof I shall haue occasion to speake againe afterward The first is that wheras this booke of Reports is set forth with two distinct Columnes in euery page the one in Latin the other in English the Title or superscription of the one runneth thus De iure Regis Ecclesiastico The other hath this interpretation Of the Kings Ecclesiasticall law As though the word Ius which signifieth Right were alwayes well translated by the word Law Wherof afterward he seeketh to make his aduantage But the error or fraude is euident for that the word Ius hath a much larger signification then Lex which may be proued as well out of auncient Lawyers as Deuines For that Paulus Iurisconsultuâ— doth affirme the word Ius to be extended ad omne quod quouis modo bonum aequum est to whatsoeuer is any waye good or right And then in another signification the same Paulus doth say that it signifieth Sententiam iudicis The sentence of the Iudge And in another signification Vlpian and Celsus two auncient Lawyers take it for the science skill of law And Aristotle in his Ethicks pro omni eo quod est legitimum for all that which is any way lawfull And so S. Thomas and other School-deuines doe affirme Ius to be obiectum Iustitiae the obiect of Iustice that is to say about which all iustice is exercised And finaly Isidorus sayth Lex est species Iuris Law is a braunch or kind of right and consequently M. Attorney doth not so properly throughout his whole booke interprete Ius by the word Law which I would not haue noted so largly but that he being so great a lawyer had obligation to speake more exactly though noe man deny but that Ius and Lex may sometimes be taken for the same but not euer nor properly in this case For that the question is not nor was not of Q. Elizabeths Ecclesiasticall lawes but of the right shee had to make such lawes 4. The second point worth the noting is that wheras both the title and subiect of all this booke is of the Kings Ecclesiasticall law M. Attorney in the whole Course therof from the begining of our Christian Kings vnto K. Henry the eight who were aboue an hundered twenty in number neuer citeth so much as one Ecclesiasticall law made by anie of them For that they being Catholikes made not but receiued Ecclesiasticall lawes from such as had authoritie to make them in the Catholique Church And such later Statutes Decrees and Ordinances as were made by some later Kings from K. Edward the first downward for restraint of some execution of the Popes ecclesiasticall power in certaine externall points were not made by them as ecclesiasticall but as temporall laws in respect of the common wealth for auoiding certaine pretended hurtes and incommodities therof And M. Attorney is driuen to such pouerty straights in this case as not being able to alleadge anie one instance to the contrary out of all the foresaid ages hee runneth euery where to this shift that the Popes Ecclesiasticall and Canon laws being admitted in England mâ—y bee called the Kings ecclesiasticall laws for that they are admitted and allowed by him and his realme In which sense the Euangelicall law may bee called also the Kings law for that he admitteth the Bible But of this wee shall haue occasioÌ„ to speake more often afterward For that M. Attorney doth often run to this refuge Now then to the Preface in his owne words The Attorney to the Reader It is truly saide good Reader that Error Ignorance being her inseparable twynne doth in her proceeding so infinitely multiplie herselfe produceth such monstrous and strange chimeraes floateth in such and so many incertainties and sucketh downe such poison from the contagious breath of Ignorance as all such into whom shee infuseth any of her poisoned breath shee dangerously infects or intoxicates and that which is wonderfull before shee can come to any end she bringeth all things if shee be not preuented by confusion to a miserable and vntimely end Naturalia veâ—é artificialia sunt finita Nulius terminus false Error immensus The Catholik Deuine 5. To this so vehement accusation of Error and Ignorance I could 10. Moreouer our Deuines doe handle this matter of Ignorance so exactly in al their writings as by treating of Ignorance they proue themselues not ignorant but most learned For first defininge IgnoraÌ„ce in generall to be want or lake of knowledge they distinguish the same into two sortes The one Negatiue the other Priuatiue And as for the Negatiue which importeth only a simple pure want of science it is not reprehensible of it self for that it might be in man euen before his fall in the state of innocency is now in
though more fitlie the same might haue byn shewed out of many Christian authors of more authoritie that this heathen Yet let M. Attorney ioyne issue with me vpon antiquitie in this our controuersie which he ought to doe as well in regard of this sentence as also for that euery where he iterateth the name and sound of the ancient and most ancient Common-lawes of England and then will the matter be quicklie decided as the proofe will afterward declare whervnto I remit me and doe end my answere to M. Attorneys Preface returning him his freindlie Farewell as also to the Reader OF THE STATE OF THE QVESTION IN GENERALL Concerning Spirituall and Temporall Povver and Iurisdiction their origen and subordination one to the other And how they stand togeather in a Christian Common-wealth CHAP. II. TO the end that the prosecution and issue of the particular controuersie we haue in hand about the Spirituall authoritie of Q. Elizabeth may be more cleere it shall not be a misse perhapes in this very beginning to set downe breiflie what Catholike Deuines and other learned men doe write and holde of Power and Iurisdiction in generall and of the origen ofspring author diuision and partes therof wherin M. Attorney is wholie silent vsing no explication or distinction at all and consequently giueth occasion therby to some confusion 2. First then our Deuines affirme that almighty God is author of all lawfull Power whatsoeuer both spirituall and temporall according to that generall proposition of S. Paul Non est potestas nisi à Deo There is no power but from God For that as it pleased his diuine maiestie to imparte with man other sparkes of his excellencyes as wisdome reason knowledge prouidence and the like so vouchsafed he also to make man partaker of his power and authoritie not only to gouerne all other creatures of his in the worlde but mankynde also and this both in body and soule temporall and eternall things vnder him in this world as his liestennant and substitute 3. The differences which are betweene these two Powers Iurisdictions Spirituall and Temporall Ecclesiasticall and Ciuill are diuers and sundry taken from the diuersitie of their ends obiect The end of Spirituall Power being to direct vs to euerlasting saluation both by instruction discipline and correction and of the Temporall or Ciuill by like meanes and helps to gouerne well tâ—e Common-wealth in peace aboundance order iustice and prosperitie And accordinge to these ends are also their obiects matter and meanes As for example the former hath for her obiect spirituall things belonginge to the soule as matters of faith Doctrine Sacraments and such other and thy latter handleth the Ciuill affaires of the Realme and Common-wealth as they appertaine to the temporall good and prosperitie thereof 4. The ancient learned Father S. Gregorie Nazianzen in a certaine Oration of his doth expresse the nature and conditions of these two Powers Spirituall and Temporall Ecclesiasticall and Ciuill by the similitude of spirit and flesh soule and sense which he saith may be considered either as two distinct Common-wealths seperated the one from the other or conioyned togeather in one Common-wealth only An example of the former wherin they are seperated may be in Beasts Angells the one hauing their Common-wealth of Sense onlie without soule or spirit and their end and obiects conforme thervnto which are the nourishment and preseruation of the body And the other Common wealth of Angells being of spirit only without flesh or body but in man are conioyned both the one and the other And euen so in the Common wealth of the Gentiles was onlie authoritie politicall earthlie and humane giuen by God to gouerne worldlie and humaine things but not spirituall for the soule wheras contrarywise in the Primitiue Christian Church for almost 300. yeare togeather none or few Kings being yet conuerted onlie spiritual authoritie was exercised by the Apostle and Christians Bishopps their successours for gouerninge the Church in Ecclesiasticall affaires without temporall accordinge to the saying of S. Paul in the Acts of the Apostles speaking to Bishops Vos posuit Spiritus Sanctus Episcopos regere ecclesiam Dei The holy-ghost hath appointed you that are Bishops to gouerne his Church 5. And this Spirituall Iurisdiction in respect of the high end and obiect therof aboue the temporall did the same Apostles by instructioÌ„ of the same Holie Ghost so highlie esteeme as the same S. Paul writinge to the Corinthians and reprehendinge them for going to law about temporall things before the heathen magistrate said that in secular matters they should appoint for iudges such as were contemptible in the Church that is to say men of meane account which was spoken by him not for that he contemned temporall Power as the heretical Anabaptists out of this place would proue for so he should be contrarie to himselfe who a litle before as you haue heard auowed that all power is from God and in other places that the King and temporall magistrate is to be honoured and obeyed as Gods minister and the like but onlie he saith this in comparison the one of the other and of their ends and obiects so different in dignitie worthines as you haue heard And this continued in the Primitiue Church to witt Spirituall Iurisdiction without Temporall vntill Constantine the Great and other Emperours and Kings after him being conuerted to the Christian faith entred into the said Church retaininge their Temporall States and Temporall Power which before they had but submitting themselues in spirituall and Ecclesiasticall matters vnto the spirituall gouernment and gouernours which they found to haue been in the same Church before their conuersion 6. Furthermore besides these differences of the end and obiects of these two Powers the forsaid Deuines doe shew another no lesse considerable then the former which is that albeit both of them be of God and doe proceed from him as the Author origen as hath been said yet far differentlie for that Ecclesiasticall authoritie is immediatlie from God and was giuen by Christ immediatlie to his Apostles and Bishops as before you haue heard out of S. Paul who addeth in the same place that Christ gaue them this Spirituall Iurisdiction ouer that Church quam acqui fiuit sanguine suo which he had bought and purchased with his bloud to make them and others in respect of this dreadfull circumstance to esteeme and respect the more this Spirituall Iurisdiction ouer soules which Iurisdiction Christ also himself God and man did exercise in person vpon earth wholie seperated from the vse of all Temporall Iurisdiction notwithstanding he was Lord of all as the same Deuines out of the Ghospell doe proue Sâ—ewing therby and by the long continuance of his Church without the said Temporall Authoritie that Spirituall Iurisdiction is wholy independent therof and vtterlie distinct by her owne nature 7. And albeit Ciuill Power and
euill and pernicious man by excommunication which is an act of externall Iurisdiction called by Canon lawyers Actus sori contentiosi As to absolue or retaine sinnes in the Sacrament are acts of Internall Iurisdiction appertaininge to sorum conscientiae the tribunall of conscience 17. So that as the temporall magistrate for furnishinge of his authoritie hath Power also to punish temporallie when occasion is offered and this either in goods body or life so haue Spirituall Magistrates also by Christ his appointment Ecclesiasticall Power not onlie to teach exhorte instruct and direct as hath been said but to punish in like maner by Spirituall Censures much more greiuous and dreadfull in respect of the life to come than are the fore named punishments of the ciuill magistrate for this life Which Censures are three in number answeringe after a certaine manner to the former three of the temporall magistrate and these are accordinge to Catholike diuinitie and Canons of the Church Suspension Interdict and Excommunication which I leaue further to discusse in this place THE SECOND PART OF THIS CHAPTER About the Subordination of these two Povvers the one to the other and different Greatnes of them both §. I. 18. Vpon these and other like considerations then and premisses Catholike deuines doe deduce that these two Povvers of Spirituall and Temporall Iurisdiction whensoeuer they meet togeather as in the Christian Common-wealth they doe they are subordinate the one to the other according to the rule of Aristotle in Philosophie which holdeth also in this case of diuinitie that whensoeuer the ends of anie faculties be subordinate and doe serue the one to the other there also the faculties themselues are subordinate And so wheras the end of Spirituall Authoritie is to direct men to euerlastinge Saluation of their soules and the end Temporall Gouernment to procure their temporall prosperitie but yet with referment and subordination to the attainment also of life euerlasting in the next world it followeth by most certaine consequence that Temporall Gouernment is subordinate to the spirituall which is so much the more excellent and eminent as is an euerlastinge end aboue a temporall our immortall soule before our corruptible bodyes and the Kingdome of heauen before worldlie prosperitie 19. Out of which considerations no doubt did proceed those speeches of ancient and holie Fathers about the comparison of these two Povvers Ecclesiasticall and Temporall which are founde euery where in their workes highly preferringe the one before the other and subiecting the one vnto the other An me liberè loquentem aequo animo feretis saith S. Gregorie Nazianzen to the Emperour Nam ves quoque c. will you heare me with patience to speake my minde freely vnto you Which truelie you ought to doe for so much as the law of Christ hath made you subiect to my Power and to my tribunall For wee Bishops haue an Empyre also and that more excellent and perfect then yours except you will saie that spirit is inferiour to flesh and heauenly things to earthly But I doubt not but that you will take in good parte this my freedome of speach you being a sacred sheepe of my holie flocke and a disciple of the great Pastor rightly instructed by the Holy-ghost euen from your young years c. So Gregorie Nazianzen to the Emperour 20. And heere we see what difference this greate Doctor and Father S. Gregorie Nazianzen almost 1300. yeares gone did put between these two Powers of Kings and Bishops Ciuill and Ecclesiasticall dignitie euen as much as between flesh and spirit heauen and earth And the same difference doth S. Chrysostome set downe in his bookes of Priesthood and elswere I shall alleadge some place or two out of him as breifly as I may that you may see his sense and iudgement therin though I would wish the Reader to peruse the places themselues heere cited for that they will fullie satisfie him in this matter 21. First then in his third booke of Priesthood comparinge the Power of a King with the Power of a Priest he hath these words Habent quidem terrestres Principes vinculi potestatem verum corporum solum c. It is true that earthlie Princes haue power to binde but our bodyes onlie But the bands which Priests can lay vpon vs doe touch the soule it self and reach euen vnto the heauens so far forth as whatsoeuer Priests shall determine heere beneath that doth God ratifie aboue in heauen and confirmeth the sentence of his seruants vpon earth And what is this I pray you but that God hath giuen all heauenlie Power vnto them according to those words of his VVhose sinnes soeuer you shall retaine they are retained And what Power I beseech you can there be greater then this I read that God the Father gaue all manner of Power vnto his Sonne And I see againe that God the Sonne hath giuen ouer the self same Power vnto Priests c. what a manifest madnes then is it for any man to despise this Princedome of Priests without which we cannot possibly be made partakers either of eternall saluation or of the good promises of our Sauiour c. Quo nomine sacerdotes non modo plus vereri debemus quam vel Principes vel Reges verum etiam maiori honore quam parentes proprios honorare In which respect wee ought to reuerence feare Priests more not only then Princes and Kings but honour them also more then our owne parents c. All these are S. Chrysostomn wordes 22. And the same Saint in his Homilies vpon Esay the Prophet writeth thus Rex quidem ea quae sunt in terris sortitu◠est administranda c. The King hath receiued the administration and gouernment of those things that are on the earth But the Priests authoritie commeth from heauen whatsoeuer you shall binde saith Christ vpon earth that shall be bound in heauen To my King are committed earthlie things but to me heauenlie and when I say to me I vnderstand a Priest c. To the King are committed the bodies to the Priest the soules the King can remitt bodily spotts but the Priest can take away the spotts of sinne Maior hic principatus This principallitie of Priests is greater then that of Kings 23. Aud yet further in another Homilie vpon the same Prophet Sacerdotium principatus est ipso etiam regno venerabilius maiu◠Ne mihi narres purpuram c. Priesthood is a Princedome yea more venerable and great then is a Kingdome Doe not tell mee of the purple or diademe or scepter or golden apparrell of Kings for these are but shaddowes and more vaine then flowers at the spring time Si vis videre descrimen quantum absit Rex à sacerdote expende modum potestatis vtrique traditae If you will see indeed the true difference between them and how much the King is inferiour to a Priest consider
the manner of the Power deliuered to them both and you shall see the Priests tribunall much higher then that of the King who hath receiued onlie the administration of earthly things Nequè vltra potestatem hanc quicquam habet pratereà authoritatis Neither hath he any authoritie beyond this earthlie Power But the Priests tribunall is placed in heauen and hath authoritie to pronounce sentence in heauenlie affaires And who affirmeth this The King of heauen himself who saith vvhatsoeuer you shall bind on earth shall be bound in heauen and vvhatsoeuer you shal loose shall bee loosed Heer you see heauen to take principall authority of iudging from earth for that the Iudge sitteth on earth and our Lord followeth his feruant so as whatsoeuer the said seruant shall iudge heere beneath that will his maister allow in heauen So S. Chrysostome 24. And consider heere good Reader that this holie Father and Doctor wrote all this in Constantinople where the Emperour was present and many Courtyers togeather with the Empresse herself auerted from him for his seueritie of discipline and ready to note and take aduauntage against any thinge that he should say And yet was this doctrine neuer obiected against him as iniurious to the Emperour or to his Emperiall crowne notwithstanding as you see he speaketh plainlie both about the Subordination of temporall and spirituall Povver the one to the other as also that the Emperour had the one and not the other And if the same Father should preach this doctrine at Paules Crosse in these our daies he would be hissed out and be called into question of treason by the tenor of M. Attorneyes booke so far are our tymes differeÌ„t from these But God his truth are alwayes one 25. And to this very same effect might I alleadg heere the sayings and doings of diuers other auncient Fathers and Bishops for all were of one spirit opinion and faith in this behalfe but it would bee ouerlonge yet S. Ambrose I cannot omitt who in two or three occasioÌ„s with the Christian Emperours of his time did expresse most manifestly the iudgement of the Catholike Church in those daies The first wherof was with Valentinian the the younger who being induced by the Empresse Iustina to commaund S. Ambrose Bishop of Millaine to dispute with AuxentiuS the Arrian Bishop and other of his Sect before the Emperour and his Counsellours and whole courte in his pallace he refused the same and gaue his reasons to the said Emperour in a seuerall booke which beginneth thus Clementissimo Imperatori Beatissimo Augusto Valentiniario Ambrosius Episcopus c. and then he setteth downe how the Tribune Dalmatius with a publike Notarie did cite him in the Emperours name to come to that conference or disputation and what he answered vnto him which was in these words I answered saith he that which your Father of glorious memorie Vaelentinian the elder not only answered in speach vpon like occasion but confirmed also by his lawes that in causes belonging to faith Priests only should iudge of Priests Yea further also that if a Bishop should bee called in question for his manners this iudgment likewise should appertaine vnto Bishops And who then of vs doe answere more peruerslie wee that would haue you like your Father or they that would haue you vnlike him c. Quando audisti Clementissime Imperator laicos in causa fidei de Episcopo iudicasse When haue you euer heard most Clement Emperour that lay men did iudge Bishops in matters of faith Certè si vel scripturaerum seriem diuinarum vel vetera tempora retractemus quis est qui abnuat in causa fidei in causa inquam fidei Episcopos solere de Imperatoribus Christianis non Imperatores de Episcopis indicare Truly if we will consider either the whole course of diuine scriptures or the vse of auncient times no man can deny but that in matrers of faith I say in matters of faith Bishops were wont to iudge of Christian Emperours and not Emperours of Bishops Eris Deo sauente etiam senectutis maturitate prouectior tunc de hoc censebis qualis ille Episcopus sit qui laicu ius sacerdotale substernit Pater nunc vir maturioris aeui dicebat Non est meum iudicare inter Episcopos Tua nunc dicet Clementia Ego debeo iudicare You shall be by Gods fauour by the maturitie of old age you being now in your youth better informed and then you will be able to iudge better of this point what manner of Bishop he is to be accounted that subiecteth the right of Priestdome to laie men your Father being a man of riper yeares said It belongeth not to me to be Iudge amongst Bishops And will your Clemencie say now that you ought to be their Iudge so S. Ambrose in this occasion 27. The next yeare after with the same Valentinian who by instigation of the said Arrians fauoured by Iustina the Empresse decreed that a Church in Millaine should be giuen vnto them S. Ambrose resistinge the same had a notable combat which besides other Authors himself setteth downe at large in a certaine epistle to his sister Marcellina where shewing the solemne denuntiation of the Emperours Decree vnto him with his answere he saith Conuenerunt me primò viri comites Consistoriani c. First there came vnto me certaine Earles of the Court to commaund me to deliuer the Church c. I answered that which belongeth to a man of my order that the Church could not be giuen vp by a Priest c. Ego mansi in munere missam faecere caepi dum â—ffero raptum cognout c. I continued on in my Priestlie function I began to say masse and whilest I was offering I vnderstood that one of the aduersarie parte was taken by the people I began bitterlie to weep and beseech God in my oblation that he would help that no bloud might be shed in this cause of the Church but that my bloud only if it were his holie will might bee shed not only for saftie of the people but also for the wicked sorte themselues c. The Emperours Earles and Tribunes vrged me againe that I should deliuer the Church sayinge Imperatorem iure suo vti eò quòd in potestate eius essent omnia Respondi quae diuina sunt Imperatoriae popotestaeti non esse subiectae c. They said that the Emperour did but vse this owne right and due authoritie for that all was in his power I answered that those things that were diuine beloÌ„ged to God are not subiect to the Emperours power So S. Ambrose for defence of this his particular Church against the Emperours commaundement which notwithstanding was but a materiall Church as you see and yet he said the cause vvas diuine and not subiect to the Emperors power but to a higher authoritie of the clergie 27. And yet further when the said Tribunes sent
and brought into vse how far the execution of ech parties authoritie should be extēded in certaine inferiour things that might seeme either mixt or doubtful as by many examples both in France Spaine Sicily Naples Flaunders England and other countreys may be declared Whervpon notwithstanding daylie wee see sundry difficulties sutes and controuersies to arise 41. Some States also and Catholike Kingdomes haue made certaine Decrees or Restraints at sometimes de facto whether rightfully or noe I will not now dispute for preuentinge and remedyinge some pretended inconueniences in the exercise of certaine points of the Popes Authority within their said Realmes Some other also pretend to haue done the same with indult consent transaction or conuiuency of the Pope himself But none of all these which is the mayne pointe did euer deny or call in question the said Authoritie it self as after shall appeare but rather did many wayes acknowledge and confesse the same and of this kind of Restrictions or Interpretations are the most part of these few peeces of Decrees and Statutes Customes Laws or Ordinances that M. Attorney doth alleadge which make nothing at all for the proofe of his mayne question that our English Kings before and after the Conquest did take vpon themselues supreame Spirituall Authoritie as deriued from the Right of their Crowne nay rather they make fully against him for that the very manner of making these restraintes first by way of supplication to the Popes themselues as after shall be shewed and then by domesticall ordinances doth well declare what opinion the said Princes had of that power to be in the said Popes not in themselues And this is so much as needeth to be said in this place for a generall light to the whole matter Now shall we passe ouer to treat of the particular occasion wherevpon M. Attorney thought good to ground his whole discourse of Q. Elizabethes Ecclesiasticall Authoritie as presently shall be declared THE PARTICVLAR STATE OF THE CONTROVERSY VVith M. Attorney concerning the late Queens Ecclesiasticall Povver by the auncient laws of England deduced out of the case of one Robert Caudery Clerke CHAP. III. MAister Attorney for preamble or entrance to his designed Argument against recusant Catholicks for that to be his purpose the end of his booke declareth he setteth down a pittifull case of one Robert Caudery Clerke depriued of his benefice or parsonage of North-looffennam in Ruland-shire by the Bishop of London as high Commissioner with consent of some of his associates authorized in Causes Ecclesiastical by a Commission of the late Queene graunted by her letters Patents the nynth day of December in the 26. yeare of her Raigne I doe call the case pittifull not so much in respect of the poore man depriued and vexed as after shall appeare but much more of the publike partiality appearing to haue been vsed against him by sway of the tyme and by such men as occupied the place of Iustice. You shall heare how the Case passed and iudge therof your selues 2. This Caudery in the Terme of S. Hilary saith M. Attorney in the 33. yeare of the raigne of Q. Elizabeth brought an action of trespasse against one George Atton for breaking of his cloase in North-looffennam aforesaide vpon the 7. day of August in the 31. yeare of the said Q. But Atton pleaded not guyltie and the Iurie found that the said Cauderie had been depriued of that benefice in parte wherof the Cloase was broken by a sentence of the said Bishop of London Cum assensu A. B. C. D. c. Collegerum suorum For that he had preached against the Booke of Common-praier and refused to celebrate diuine seruice according to the same 3. Heerupon it came in question how and by what Authoritie the said Bishop of London had giuen his sentence either rightfully or wrongfully And first it was alleadged by Cauderyes Coūsell that the Authoritie of commission giuen to him to witt to the forenamed Bishop of London and certaine others his Colleags by the foresaid Q. Elizabeths letters Patents was only founded vpon a Statute made in the first yeare of her Raigne by which it was enacted That such Iurisdiction Ecclesiasticall as by anie spirituall or Ecclesiasticall power hath heertofore been or may lawfully be exercised for the visitation of the Ecclesiasticall estate and persons and for the reformation order and correction of the same and of all manner of errours heresies schismes abuses offences contempts and enormities within this Realme should for euer be vnited and annexed to the Imperiall Crowne of this Realme And that her highnes her heyrs and Successors should haue full power and Authoritie by vertue of that Act by letters Patents vnder the great Seale of England to assigne nominate and authorize such persons being natural borne subiects as her Highnes her heirs or Successours should thinke meet to exercise and execute vnder her highnes her heyrs and successours all and all manner of Iurisdiction Priuiledges and Preheminences in anie wise touching or concerning anie spirituall or Ecclesiasticall Iurisdiction within this Realme of England and Ireland And to visite reforme redresse order correct and amend all such errours heresies schismes abuses offenses contempts and enormities whatsoeuer which by anie manner of spirituall or Ecclesiasticall Power Authoritie or Iurisdiction can or may lawfully be reformed ordered corrected and amended c. 4. This was the ground wherby both the Queene was indued as you see with all manner of Ecclesiasticall power and Iurisdiction and had authoritie also giuen her to bestow the same vpon others without anie other condition heere expressed but onlie that they should be naturall borne subiects So as if it had pleased her Maiestie to haue bestowed a Commission vpon so many Ladies of the Courte to visit some parte of the Cleargie or Laitie to redresse their errours heresies abuses or other enormities or insteed of the Bishops named by her she had thought good to nominate their wiues for high commissioners ouer them to reforme order redresse correct or amend abuses I see not by the words of the Statute why it had not been lawfull For so much as there is no exception of sex therin And as well might the Queene haue made women her substitutes in this point as this Statute gaue all the power in capite to her self being a woman I would aske moreouer that wheras K. Henry the eight when he was made head of the Church appointed for his Vicar-Generall in Spiritualibus the Lord Cromwell that was a meere lay man and caused him to sit aboue all the Bishops in Synods and Councels about Ecclesiasticall affaires why his daughter Q. Elizabeth that had the same authoritie that he had might not haue appointed my Lady Cromwell or anie such other Ladie of that sex wherof there were diuerse that professed good skill in diuinitie at the beginning of her Reigne for her Vicaresse-Generall in Ecclesiasticall affaires Nay why the feminne sex
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
of the whole entire body of the Realme 15 You see whervnto this deuise tendeth to make yt a matter of treason to deny this fancy of M. Attorney that for so much as the Canons and Ecclesiasticall lawes of the Church made by Popes and by Generall Councells from tyme to tyme and receued vniuersally for spirituall and Ecclesiasticall matters throughout the Christian world were receued also and allowed by the Kings Comnn wealth of England which was an euident argument of their acknowledging of the said Ecclesiasticall Iurisdiction of the Church and spirituall gouernours therof of this approbation and allowance he would inferr that these lawes were the Kings lawes though deriued as he sayth from others that is to say from Popes and Bishopps At which inference I doubt not but that his fellow-lawyers will smile And truly I am sory that he being accoumpted so great a man in that faculty which is wont to reason well hath giuen so manifest occasion of laugther For that euery puney young student of law will see by common reason that the admitting of an other mans lawe doth not make it his lawe or that he had power to make that lawe of himself but rather to the contrary it sheweth that the admitter acknowledgeth the other for his Superiour in all matters contained vnder that law For the power of making lawes is the highest power that principally proueth dominion in any Prince and the admitting and obeying therof by another Prince is an euident argument of inferiority and subiection and so here the admitting of the Popes Ecclesiasticall and Canon-lawes was an argument that the admitters acknowledged his supreme authority in Ecclesiasticall affayres 16. Neyther is M. Attorneys example of the Romans or Normans any thinge to the purpose all For that the Romans did not take from the Athenians any formall lawes made by them for the gouernment of the Romans for that had been to acknowledg superiority as before hath bene said but rather they taking a suruey of all the Grecian lawes aswell of Athens as other Common-wealthes or States they tooke parcells therof here and there and applied the same to their Common-wealth which was properly to make lawes of them selues And the like may be sayd of the Normans if they borrowed any of their lawes from England which yet I neuer read in any Author besides M. Attorney but rather that the Normans gaue lawes to England 17. But nowe in the Canon-lawes receiued in England for almost a thousand yeares together after our first Conuersion the matter is farr different for that these were receiued wholy and formally as lawes made by another superior power in a different Tribunall different causes sent expresly to England and to all other Christian Kingdomes to be receiued and obserued and some also out of the same Ecclesiasticall power made within the land by Synodes and Prelates therof and promulgated to be obserued both by Prince and people formally and punctually as they lay and so were receiued admitted allowed and put in execution by the said Prince and his Officers except perhaps some tymes some clause or parte therof might seeme to bring some inconuenience to the temporall State for which exception was made against it and the matter remedied by common consent And this was another manner of admitting lawes then the Romans admitted some peeces of there lawes from Athens or rather translated some pointes of the Athenian lawes into theyrs which was to make them selues Maisters of thus lawes and not receiuers or admitters And finally wee see by this to what poore and pittifull plight M. Attorney hath brought the title of his booke De Iure Regis Ecclesiastico Of the Kings Ecclesiasticall law to witt that it is the Popes Ecclesiasticall law◠in deed made and promulgated by him and his but receiued and obeyed by the King and consequently not the Kings law but the Popes 18. Wherfore to conclude the first part of this Chapter for so much as M. Attorney by these two arguments De Iure which are the only he mentioneth hath proued no right at all of supreme spirituall Iurisdiction to haue accrewed to Q. Elizabeth by the title and interest of her temporall Crowne but rather the contrary to witt that both his Arguments haue proued against himself we see therby how vnable he is to proue his said affirmatiue proposition by this first head and sorte of proofe De Iure I shall now in the second part of this chapter endeuour to prooue the negatiue by as many sortes of rightes and lawes as any thing may be proued that is to say not only by Canonicall Ciuill lawes but by law of Nature also of Nations Mosaycall Euangelicall and by our ancient Common-lawes of England all which doe concu◠in this that Q. Elizabeth being a woman could not haue any supreame spirituall power or Iurisdictiō in Ecclesiasticall matter◠THE SECOND PART OF THIS CHAPTER VVherin is shevved that Q. Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction §. I. 19. First then being to performe this we are professe in this place that we meane not to imitate the proceeding of some Protestants in this behalf who following no certayne rule of doctrine no◠moderation in their doings or writings doe passe to extreames therfore feeling themselues greiued vnder Q. Maryes raigne with the course of Catholike religion then held tooke vpon them to publishe that women were not capable of any gouerment at all Temporall or Spirituall nor to be further obeyed than they would make Reformation in Religion for so they called it comforme to their willes and prescriptions as appeareth by the bookes writings and actions both of Goodman VVhitingham Gilbye Knockes others who taking their fire of fury from Geneua sought first to kindle the same in England and being repulsed thence brake into open flames of combustion in Scotland and neuer coassed vntill it brought two Noble Queens mother and daughter to their ruyne and afterward put their heire and successor into such plunges by those and other heades of like doctrine and desperate attemptes answerable therunto as Gods right hand did only preserue him from like ruyne 20. But we are not of this spirit to seeke reuenge by such new brayn-sicke doctrine we graunt that Queens may lawfully raigne inherite that Successiō which euery Countrey by their peculiar lawes doth allow them The great Kingdome of France doth excude them so doe many lesser States in Italie and Germany and other Countryes yet doth Spaine England Scotland and Flanders admitt them for preuenting other inconueniences when Male-sucessors doe fayle So as for this point of Q. Elizabeths temporall gouerment we haue no controuersie in this place If any fell out betweene her and the Bishop of Rome whose authority she tooke from him and applyed it to her self and many otherwayes exasperated him that fact appertayneth not to vs that are priuate men to iudge
certaine and the last euidently false For neither doth it appeare by the words of the Charter that the King did exempt the said Abbot from all Iurisdiction spirituall of the Bishop but rather of some temporall interest or pretense that the Bishop of that Diocesse might haue or pretend to haue in those daies Nor doth he seeme to haue giuen Ecclesiasticall Iurisdiction to the Abbot but rather temporall concerning controuersies that might arise about the lands of the lordship of Culnam wherof he had made donation to the said monastery And thirdly howsoeuer this might bee the third point and cheife conclusion is false that he either gaue or tooke away Iurisdiction by his owne power deriued from his temporall crowne for this was impossible as before in the second Chapter of this answere hath been shewed but rather by some spirituall Iurisdiction cōmitted vnto him by some other higher Ecclesiasticall power either of his Bishops gathered togeather in Parlament or Synod or of the Bishop of Rome himself all which three points wee shall breiflie here shew and therby conclude that M. Attorney his inference sett out with a Nota in the margent is worth no note at all but onlie of weaknes and impertinencie 6. For first to begin with the second it doth not appeare by the words of this Charter that the King did graunte to the same Abbot Ecclesiasticall Iurisdiction within his said Abbey but only that in all euents and discussions of causes or controuersies arising about the foresaid Lordship of Culnam giuen vnto the said monasterie the Tenants therof should stande to the Decree of the said Abbot and not haue recourse to the Bishop of the Diocesse who before perhaps pretended temporall Iurisdiction ouer them or at least-wise ouer that Lordship of Culnam And this coniecture is greatlie confirmed by a Canon of a Nationall Synod held in Hereford almost a hundered yeares before this vnder Theodorus Archbishop of Canterbury the 24. of September Anno Christi 670. and related by S. Bede where the third Canon of the Councell decreeth thus Vt Quacunque monasteria c. That all monasteries consecrated to God noe Bishop hath authoritie to inquiet them nor violentlie to take from them any thing of their goods c. wherby appeareth that some Bishops in those daies did pretend also temporall Iurisdiction ouer monasteries and their goodes which heer K. Kenulfus would preuent in this his monasterie to which he gaue his Lordshipp 7. And by this also the other point is confirmed that it doth not appeare by the force of these words that the Abbot was exempted from all spirituall Iurisdiction of the Bishop by this Charter of the King though otherwise by some priuiledge of the Pope I doubt not but he was it being a thing common lightly to all Abbots for he saith only Abomni Episcopali Iure from all right of the Bishop and not Iurisdiction which might be meant as hath been said of some temporall right pretended ouer that Lordship and was found now not to be iust or for that the said Bishop in Parlamēt or otherwise for M. Attorney holdeth that all this was done in Parlament had renounced his temporall right therin which before hee pretended to haue or that the King made this declaration of the monasteries exemption for he seemeth rather to haue declared what was done or graunted then to ordaine it himself by force of the foresaid Synodicall Decree of the Ecclesiasticall Councell before mentioned 8. And truly that the words of this Charter doe seeme rather to meane temporall then spirituall Iurisdiction in this place though I doubt not as I said but that they were exempted in the one and in the other by the priuiledges of the Sea Apostolike accustomed in such cases that which ensueth in the said Charter doth much confirme to witt that the Abbot should be quiet from the Bishops right and that the inhabitants from thence-forward should not be depressed by the Yoke of the Bishops officers Which importeth as much as that they had byn vniustly disquietted depressed before the same noe way seeming fittly to agree to be spoken of Bishops Ecclesiasticall Iurisdiction and consequently it is not improbable that only temporall Iurisdiction is heere talked of and so neither spirituall Iurisdiction taken from the Bishop nor giuen to the Abbot by the King in his Charter 9. But howsoeuer this were or may bee most certaine it is that M. Attorney his inference and conclusion is manifestly false to witt that it vvas deriued from his Crowne For albeit it were euident that the meaning heere were of spirituall Iurisdiction yet might the King haue that power to giue the exemption which he did to the monastery either from the Bishops gathered togeather now in the Parlament or before in Synod as hath been said renouncing all their Iurisdictiō therin or he might haue it from the Pope which is most likely for that all such priuiledges and exemptions were demaunded in those dayes at his hands by Princes and founders of pious workes And the said Popes made ordinary graunts therof as in our dayes also they doe and this is different sorte and manners For that sometimes they graunted the same immediatly as from themselues sometimes they gaue comission to Princes to giue it in their names and some other times they confirmed that which Princes had done before in this kinde vnder ratihabition or future allowance or ratification by the Sea Apostolike 10. And of all these three sorts many examples might be alleadged but that I shall haue occasion againe in the next Chapter to treate more largly of these points where I shall shew that in this very time when Kenulfus liued his neighbour King Ossa of the Mercians demaunding the Canonization of S. Alban the Protomartyr of England at the hands of Adrian the Pope as also that he might build a Monastery in the place where he was martyred and this as Parisiensis saith Ab omni Episcoporum subiectione emancipandum To be free and exempted from all subiection of Bishops the Pope graunted both his demaunds answering him thus as the same author recordeth VVe doe most willingly giue our cōsent to your petition for building of a monastery and doe priuiledge the same and vvhen you haue made your Charter or priuiledge vvee shall afterwards confirme strengthen your Originall vvith ours and exempt that monastery from all iurisdiction both of Bishops and Archbishops subiecting it immediatly vnto our Apostolike Sea So hee Wherby we see that a temporall King and founder of a monastery or other pious worke might giue priuiledges either by commission or vnder ratihabition as before hath been said 11. The like examples we finde in the liues of King Edgar and S. Edward the Confessor and many others that demaunded obteined confirmation and exemptions for pious works erected by them of the Popes of their times But for that these examples will be more fittly produced in the sequent
Chapter and fourth demonstration therof I will remitt the Reader therunto Only I cannot let passe to recite vnto you in this place a certaine Charter of K. Ethelbert of Kent our first Christian English King confirmed by a Bull in lead of S. Augustin first archbishop of Canterbury and legate of the Sea Apostolike vnto the monastery of S. Peter Paul in CaÌ„terbury erected by the said K. Ethelbert the words of the Charter are these In nomine Domini nostri Iesu Christi c. Ego Ethelbertus Rex Cantij c. In the name of our Lord Iesus c. I Ethelbert King of Kent with the consent of the venerable Archbishop Augustine and of the Princes of my Realme do giue and graunt in the honour of S. Peter and S. Paul a certaine peâ—ce of my land which lyeth in the East parte of Canterbury to this intention only that a monastery be buylded in that place with this condition that my said land be for euer in the power of the said Abbot which there shall be ordeined And therfore I doe adiure and commaund in the name of allmightie God that is the iust Iudge of all that the foresaid gift of lands made by mee be held for euer firme so as neither it bee lawful for mee or any of my Successours Kings or Princes or for any Ecclesiasticall person of what degree or dignitie soeuer to defraud the said monastery of the same or any parte therof And if any man shall goe about to impeach or diminish any point or parte of this donation let him bee seperated in this life from the holie communion of the body and bloud of Christ at the day of iudgment for the demeritt of his malice be sequestred from the company of Saints and all good men Giuen at Canterbury Anno Christi 605. the 8. indiction 12. Thus goeth that Charter and in the same forme went all other Chartes of this Kinde wherin is to be noted first the dreadfull imprecation against all breakers therof confirmed by the Authority of so great a Saint as S. Augustin was how many lamentable inheritours wee haue of these curses and imprecations in our countrey and round about vs at this day where all such pious works are ouer throwne And secondly for that he saith expresly that he did all by the counsell and consent of S. Augustine it may be inferred that whatsoeuer priuiledges he gaue that may seeme to appertaine to Ecclesiasticall matters or Iurisdiction he did them vnder ratihabition of the said S. Augustine that was not only Archbishop but legat also of the Sea Apostolike and confequentlie had authoritie to exempt the said monastery as we see he did not only from the Iurisdiction of all other Bishops but of his owne Sea also in such sorte as no Archbishop of Canterbury had any authoritie ouer them which is much more then the Charter of Kenulsus alleadged heere by M. Attorney And we doe reade that the monks of Canterbury did pleade this Charter of K. Ethelbert confirmed by S. Augustine for their liberties against the Archbishop Richard Successor of S. Thomas Becket in the yeare of Christ 1180. 13. Wherfore to conclude this matter it seemeth that M. Attorney hath gotten nothing at all by this his instance of K. Kenulfus whether in his Charter he meant of temporal or spiritual iurisdiction For if he meant of teÌ„porall that is to say that the Abbey of Abindon should be free from molestation of the Bishops officers in temporall affaires it is nothing to our purpose and if he meant of spirituall Iurisdiction cleere it is that the said King had it not of himself by right of his crowne as M. Attorney often repeateth and vrgeth without all grounde but either from the Bishops of his Realme gathered togeather in Parlament which seemeth very probable by the words of the Charter Consilio Consensu Episcoporum That he did it by the Counsell and Consent of his Bishops or that he had it immediatly from the Pope as we haue shewed the vse to be in those dayes shall doe more largly in the ensuing Chapter 14. And that which is yet more and seemeth to conuince the whole matter to decide our very case in particular I doe reade of one Bishop Rethurus who was Abbot also of Abindon during the reigne of the said Kenulfus who went to Rome to obteine the confirmation of priuiledges to the said Abbey of Abindon about the yeare .812 Romam profectus saith the Story Pontificia authoritate privilegia Canobij communiuit He going the Rome by consent no doubt of K. Kenulfus himself obteined the confirmation of the priuiledges of the said monastery of Abindon by the Apostolike authoritie of the Sea of Rome And it is no doubt that among other priuiledges this Charter also of Kenulfus was one which being so euery man may see how much this instance hath holpen M. Attorney his cause or rather made against him that Kenulfus procured the confirmation of his Charter from the Pope himself 15. And surely if in this M. Attorney committed an errour in alleadging Kenulfus for an example of one that tooke supreme IurisdictioÌ„ Ecclesiasticall vpon him he being so obedient and subordinate to the Church of Rome as we haue said much more did he erre in choosing S. Edward the Confessor for his second instance for he hath but two as before I haue said out of all our Kings before the Conquest which K. Edward of all others was most deuoutly obedient to the Sea Apostolicke as may appeare both by that which before we haue touched of him as by that which after we shall more largly shew in the next Chapter that he presumed not to found his monastery of VVestminster without particular licence and approbation of the Pope In like manner for that hauing made a vow to goe in pilgrimage to Rome to shew his deuotion and obedience to that Sea he finding afterward some difficulties therin in respect of his Kingdome that repined at his absence and of the troublesome times that then were he remitted all first to Pope Stephen the tenth and when he being dead to his successour Nicholas the 2. who determined that he should not take that voiage but bestow the charges therof vpon the buylding of that monastery of VVestminster to which effect both their letters are extaÌ„t in Alredus that liued about 400. years gone wrote the same Kings life The Kings letter hath this Title Summo vniuersalis Ecclesiae Patri Nicolâo Edwardus Dei gratia Anglorum Rex debitam subiectionem c. To the high Father of the vniuersal Church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherby is euident that if K. Edward did hold himself for supreme head and gouernour of the Church in spirituall matters as M. Attorney would inferr vpon certaine words of one of his lawes as presentlie you shall heare
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
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
done against the priuiledges of their Crownes 21. After S. Mellitus who dyed Bishop of Canterbury there succeeded in that Sea by the appointment of Pope Boniface the fifth the holy man Iustus Bishop of Rochester before who by his doctrine and holie life had holpen greatly to the reduction of Eadbald King of Kent who after the death of his good Father K. Ethelbert by dissolute life had fallen backe againe to Paganisme and renounced the Christian faith But afterward returned againe and became a good Christian King and presently therupon he wrote his humble letters of submission to the said Pope Boniface the fifth as appereth by the Popes answere vnto the said Archbishop Iustus vpon the yeare of Christ 618. related by S. Bede where Boniface writeth Susceptis namque apicibus filij nostri Eadbaldi Regis c. We hauing receaued the letters of our sonne K. Eadbald we doe fynd therby with how great learning of Gods worde you haue moued his mind to true coÌ„uersion vndoubted faith And in the same letter he signifyeth that togeather therwith he sent him to wit to S. Iustus the pall with authority of Archbishop of Canterbury and further concedentes etiam tibi ordinationes episcoporum exigente opportunitate we doe also graunte vnto you power to ordeyne Bishops wheresoeuer opportunity for Gods glory is offered Neither did Pope Boniface thinke to displease or iniure K. Eadbald by writing in this sorte or by giuing to this Archbishop S. Iustus such authority to make Bishopps ouer all England as herby he did without respect of his kingly power as you see 22. And not many yeares after this againe to witt vpon the yeare of Christ 621. K. Edwyn of the Northumbers Regum potentissimus inter Anglo-saxones saith Malmesbury the most potent of all other Kings amongest the English-Saxons was conuerted to the Christian faith by the preaching of S. Paulinus sent thither from Kent by the foresayd Iustus Archbishop of Canterbury as to accompany the most Christian Lady Ethelburga daughter of K. Ethelbert who was married to the said K. Edwyn vpon hope of his conuersion to ensue therby as after it did This man then some dozen yeres after his said conuersion desiring to haue an Archbishopricke erected in his Kingdome in the Citty of Yorke and to haue Paulinus that was there with him to be made Archbishop therof not esteeming it to be in his owne power to doe the same of himself or by his Parlament though he were a Christian King whither thinke you or to whome did he make recourse and sute to haue the same effected S. Bede saith that he sent an â—â—bassadge to Rome to Pope Honorius to demaund this benefit at 〈◊〉 hand as also for so much as the foresaid S. Iustus Archbishop of Canterbury was now dead he would appoint some other in 〈◊〉 place and namely a holy Reuerend man called Honorius and that for auoyding of so often recourse to Rome in those troublsome dayes full of warrs and daungers he would vouchsafe to appoint that whosoeuer should dye first of these two Archbishops of his district Honorius and Paulinus for now the gouernment of Kent apperteyned also to Edwyn the suruiuer of the two should appoint and consecrate a successour vnto him that dyed All which demaunds Honorius the Pope graunted vnto K. Edwyn as appereth by his answere recorded by S. Bede in these worâ—â— Eae verò quae à nobis pro vestris sacerdotibus ordinanda sperastis c. As fâ—â— the things which you hope I will ordeyne for your two priests Paulinus Honorius we doe willingly with a gratefull minde and without all delay goe about to performe in respect of the syncerity of your faith which by the faithfull relation of the bearers of your letters was much to your praise insinuated vnto vs. And therfore we haue sent vnto Honorius and Paulinus two palls of Metropolitanes and haue ordeyned that whosoeuer of them two shall first be called out of this world vnto his maâ—â—â— the other that remaineth may ex hac nostra auctoritate by this our authoritie giuen him subrogate another in his place Which priledge we are induced to graunt as well for the speciall affection of loue which we beare towards you as also in regard of so long distance of Countryes that lie betweene you and vs c. 23. Thus wrote Honorius the Pope to K. Edwyn in these dayâ—â— and thus he thought of his Ecclesiasticall iurisdiction ouer England as well as other Countreys Neither did K. Edwyn thiâ—â—e himself iniured therby but much honoured and obliged And the same Pope Honorius writing at this very time to the forsaid Honorius whome he had made Archbishop of Canterbury by sending him the pall as you haue heard beginneth his letter thus Dilectissimo Fratri Honorio Honorius and then shewing him what authority he had sent to him and to Paulinus Archbishop of Yorke he hath these words Quae pro vestrarum Ecclesiarum priuilegijs coÌ„grâ—â—râ— posse conspicimus non desistimus impertire we doe not ceasse to graunt vnto you those things which we see to be coÌ„uenient for the priuiledges of your Churches c. Consider of this superiority 24. And after this againe about some thirty yeares the sixth Archbishops of Canterbury being dead whose name was Adeodatus the two Kings of Northumbers and Kent to witt Oswy and Egbert being very solicitous saith S. Bede to haue a good Archbishop giuen them that might appoint good Bishops throughout the Realme resolued to send a common embassadge to Rome to Pope Vitalianus to obteyne the same And the more to facilitate the matter they caused an English priest named VVighard cum electione consensu Sancta Ecclesia gentis Anglorum saith the same author by the election and consent of the holy Church of the English-nation to be sent to Rome and presented for this effect And togeather with him they sent certaine religions oblations almes to the vse of S. Peters chappell but the said Priest dying so soone as he arriued could not satisfie their desires Whervpon the Pope wrote backe seuerall letters wherof that to King Oswy began thus Domino excellentissimo filio Oswie Regi Saxonâ— Vitalianus Episcopus seruus seruorum Dei c. Wherin after congratulation for his zeale and feruour and the presents gifts and offerings sent to S. Peters chappell he answereth to the busines proposed thus We could not find out at this present a fitt man to be made Archbishop and sent vnto you according to the tenour of your letters but as soone as any such person shall be found as is apt we shall direct him to your countrey with our instructions c. He that brought your tokens hither so soone as he had visited the Churches of the holy Apostles was taken away out of this life to our great griefe But to the bearers of these our letters we haue deliuered for you certaine sacred
possessions sent a solemne embassage to Rome vnto Pope Iohn the thirtenth at the very same tyme when there was a Synode there gathered togeather to witt vpoÌ„ the yeare 971. beseeching the said Pope that he would confirme the priuiledges already graunted by the said King vnto the Monastery of our blessed Lady in Glastenbury behold how the King graunteth priuiledges vnder ratihabition in hope of ratification by the Pope and so saith Malmesbury direxit châ—rographum Regiae liberalitatis orans vt ipse hoc roboraret scripto Apostulicae auctoritatis And the King directed vnto the said Pope letters written with his owne hand testifying his princely liberality bestowed vpon the same Monastery beseeching that the Pope also would strengthen the same with some writing of his Apostolicall authority Which embassadge of the Kings Pope Iohn receauing benignly and by the vniforme consent of the Councell gathered togeather confirmed the said priuiledges of K. Edgar by an Apostolicall rescript and not only did he confirme that which Edgar had done before but added diuerse spirituall priuiledges besides saying amongst other things thus VVe yelding to the humble petion of King Edgar and Archbishop Dunstane doe receaue the said place of Glastenbury into the bosome of the Roman Church and into the protection of the blessed Apostles endewing and strengthning the same with diuerse priuiledges namely that the Monkes may chuse vnto themselues a Pastor or Abbot of their owne in whose power it shal be to prefer Monkes and Clerkes vnder him to holy orders that no man may molest them take or retayne any thing of theirs c. Concluding in the end thus In the name of the Father the Sonne the holy Ghost c. euerlasting malediction to the breakers therof Whervnto Malmesbury addeth this contemplation perpendant ergo contemptores tantae comminationis quantae subiaceant sententiae excommunicationis Let the contemners of so great a threat or commination consider how heauy a sentence of excommunication they doe vndergoe So he A thing no doubt worthy to be remembred in these our dayes 46 And many more examples of like priuiledges might be alleadged vnder the same King Edgar confirmed mutually by the Pope and King and namely one related by Ingulphus which was giuen by a Charter of the said King vpoÌ„ the yeare 970. subscribed by himself and thirty two other witnesses to the Monastery of Medeshamsteed now called Peter-burrow Ego Edgarus totius Albionis Basileus c. I Edgar King of all Albion doe graunt most willingly that the holy Apostolicke Monastery of Medeshamsteed shall be free for euer from all secular causes seruices that no Ecclesiasticall or lay man shall haue dominion ouer the same or ouer the Abbot therof c. And moreouer that it be secure eternally from all worldly yoke and that it remayne free from al Episcopall exaction and molestation according to the libertyes giuen therunto by the Sea Apostolicke and the authority of the most Reuerend Archbishop Dunstan c. And furthermore we haue thought good to corroborate by this Charter the said priuiledges from the Sea Apostolicke of the Roman Church according to the first institution of the said Monastery which whosoeuer shall presume to infringe let him be damned eternally to hell-fyer by the punishment of the high Iudge S. Peter all the order of Saints Thus far that charter 47. And finally not to goe further in this argument wherof infinite examples might be alleadged I shall end with one only more to shew the perpetuity and continuance of this vse taken out of the fifth age of our English Church to witt of King Edward the Confessor not long before the Conquest who hauing a great desire to enlarge the Monastery of VVestminster with new buyldings and possessions dealt with two Popes therin to witt Leo the nynth and Nicolas the second asking their approbation and confirmation therof which they graunted one after the other Leo wrote backe vnto him in these wordes Leo episcopus servus seruorum Dei Dilecto silio suo Edwardo Anglorum Regi salutem Apostolicam benedictionem And then he beginneth his letter Quoniam voluntatem tuam laudabilem Deo gratatu cognouimus c. For that we haue vnderstood your intention to be laudable and gratefull to God c. We doe agree vnto the same and doe commaund by our Apostolicke authoritie that whatsoeuer possessions you haue giuen or shal giue vnto your said Monastery of VVestminster it be firme and appertayne vnto the Monkes and that the said place be subiect vnto no other lay person but only to the King And whatsoeuer priuiledges you shall there appoint to the honour of God we doe graunt the same and confirme the same by our most full authority and doe damne finally the breakers therof vnto euerlasting malediction 48. Thus Pope Leo the nynth who dying vpon the yeare of Christ 1054. two-other succeded within the space of foure yeares to wit Victor the second Stephen the tenth after whome succeded Nicolas the second vnto whome S. Edward made sute againe by a solemne embassage for confirmation of his said priuiledges of VVestminster and other affayres giuing this title to his letter as before hath bene noted To the highest Father of the vniuersall church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherunto the Pope answered in these wordes Nicholas Bishop and seruaunt of the seruaunts of God vnto the most glorious and pious Edwarde King of England most worthie of all honour our speciall beloued sonne doth send most sweete salutation and Apostolike benediction And after many louing and sweet speeches in the said letter he saith to the petition it self about priuiledges Renouamus ergo confirmamus augemus vobis priuilegia vestra c. We doe renew and confirme and encrease vnto you your priuiledges And for so much that this place of VVestminster from antiquity hath belonged vnto the Kings of England we by the authority of God and the holy Apostles and of this Roman Sea and our owne doe graunt permitt and most strongly confirme that the place for euer be of the iurisdiction of the Kings of England wherin their royall monuments may be conserued and that it be a perpetuall habitation of Monkes subiect to no person but to the King c. We doe absolue the place also from all seruice subiection of the Bishop c. and whosoeuer shall goe about to infringe or inuade or diminishe or vndoe any of these priuiledges we damne him to euerlasting malediction togeather with the traytor Iudas that he haue no parte in the blessed resurrection of Saints c. Thus he And with this shall we end this fourth consideration or argument whereby is sufficiently made euident if nothing else were how vayne and vntrue the imagination of M. Attorney was in the former chapter who by the pretence of
certayne words in the charter of K. Kenulsus to the Monastery of Abindon would seeme to persuade himself others that our English Kings in those dayes did take vpon them spirituall iurisdiction to giue priuiledges exemptions from Episcopall authoritie vnto Monasteryes and consequently that they had all supreme iurisdiction Ecclesiasticall in as ample manner as Q. Elizabeth tooke vpon her or was giuen vnto her by Act of Parlament which is a most euident dreame as you see The fifth Demonstration 49. Now then to passe to the fifth argument which maketh matters yet more manifest the same is taken from the consideration of Appeales when any controuersie fell out either betwene the King and his Bishops or betwene any lay power and Ecclesiasticall or betwene Bishops and Churches themselues which Appeales shall neuer be read to haue byn made in these times before the Conquest either to the King or to his secular Courtes but rather to the Archbishop of Canterbury or to the Pope for the tyme being 50. And albeit in this time of religious feruour of our Engâ—â—â—â— Kings there were fewer occasions giuen of Appeales to the Sea Apostolicke then after the Conquest when Kings were lesse deuout and sometymes more violent as may appeare by the examples of S. Anselme S. Thomas S. Edmond all three Archbishops of Canterbury Thurstan S. VVilliam Gaufred Archbishops of Yorke S. Richard of Chichester Hugh of Durham to speake nothing of that notorious Appeale betwene Richard of Canterbury against King Henry the third and Hubert Earle of Kent and diuerse others as is euident by the histories of our Countrey in which we fynde that alwaies the Bishops for remedy of such aggrieuaunces as either by the Kings Nobility or others after the said Conquest were layd vpon them or their Churches made their recourse for succour to the Sea Apostolicke yet before the Conquest also though the occasions as I said were not so frequent sometimes they were driuen to vse the benefit of this remedy as we see in the two Archbishops of Canterbury Lambert and Athelard before mentioned vnder King Offa and Kenulfus of the Mercians and before that againe in the famous cause of S. VVilfryd Archbishop of Yorke who in the very first age after our conuersion was twice put out of his Bishopricke and forced to appeale to Rome first by Egfryd King of the Northumbers and then by Alfryd his successour with the concurrence against him of certaine Bishops And both times he appealed vnto Rome as S. Bede declareth and to follow his appeales went thither twice in person and was twice absolued first by Pope Agathâ— in a Synode of an hundred twenty and fiue Bishops vpon the yeare of Christ 679. and the second tyme by Pope Iohn the seuenth six and twenty yeares after to wit vpon the yeare 705. Of the first absolution S. Bede himself writeth that he was not only found innocent and thervpon cleered by the Pope and whole Synode as hath byn said but that they thought good likewise to giue him his place in the said Councell and to note his absolution and the speciall respect borne vnto him in the very acts of the sayd Councel holden against the Monothelites in these words VVilfryd the beloued of God Bishop of the Citty of Yorke hauing appealed to the Sea Apostolike in his cause and being absolued by the authority of this Councell in all things both certaine and vncertaine was placed in his seat of IudgemeÌ„t togeather with an hundred twenty fiue his fellow-Bishops in this Synod and hath confessed the true and Catholike faith and confirmed the same by his subscription for himselfe and all the north partes of Britanny and Ireland which are now inhabited by English-men Britanes Scotts and Picts 51. Thus relateth Bede of S. VVilfrids first appellation and most honourable absolution in Rome and that then retourning to his countrey he conuerted the kingdome of the South saxons and that afterward againe being inuyted by King Alfred that succeeded Egfryd to returne to his Bishopricke of Yorke heat length vpon persuasion of good men accepted therof But after fiue yeres he was expulsed againe by the said Alfred and appealed againe to the Sea Apostolike and went to Rome to Pope Iohn the seuenth as hath byn said who hearing his cause in the presence of his aduersaryes and accusers togeather with many Bishops that did sit in IudgemeÌ„t with him Omnium iudicio probatum est c. saith Bede It was proued by the iudgement of all that his accusers had deuised certaine calumniations against him whervpon he was absolued and letters were written saith Bede by the foresaid Pope Iohn vnto Alfred and Edelrede Kings of England that they should cause him againe to be receaued into his Bishopricke for that he had byn vniustly condemned This is the summe of the story breifly sett downe by S. Bede But VVilliam of Malmesbury writeth the same to witt both these appellatious of S. VVilfryd much more at large telling how the first persecution against this holy Bishop had beginning from the enuy of Queene Ermenburga second wife to King Egfryd of the Northumbers who vnderstanding that his first wife Ethelreda did loue reuerence much this good man she thought it a sufficient cause for her to hate him and so incensing first the King her husband against him by saying that he was rich and that many gaue their goods vnto him to build Monasteryes she drew by little little the King to mislike him as also she did by like meanes sleights incense the good Archbishop Theodorus of Canterbury to impugne and contradict him 52. The same Malmesbury also setteth downe the particulars that passed in that Councell wherin he was absolued at Rome and how at his retourne into England with the Popes letters the said Theodorus Archbishop of Canterbury repented himself much that he had byn drawne against him and wrote earnest letters vnto King Alfred that had succeeded Egfrid that he would admit him againe into his Archbishopricke of Yorke saying among other words Et ideo charissime te admoneo in Christi charitate pracipio tibi c. And therfore most deere King I doe warne you and in the loue of Christ doe commaund you Ego Theodorus humilis Episcopus decrepita aetate hoc tuae beatitudini suggero quia Apostolica hoc sicut scis commendat auctoritas vir ille sanctissimus in patientia sua possedit animam suam c. I Theodorus humble Bishop of Canterbury in this my broken old age doe suggest this vnto your Happines or Maiesty both for that the authority of the Sea Apostolike as you knowe doth commend it to be done and the holy man VVilfryd hath according to the saying of our Sauiour possessed his soule in his owne patience and most humbly and myldly forgetting the iniuries done vnto him hath followed the example of his head and maister Christ and hath expected the
remedy at his hand And if I haue found any grace in your sight although the way betweene you me be long yet I beseech you let my eyes once see your face againe to treat of this matter and that my soule may blesse you before I die Wherfore my dere sonne deale with this holy man VVilfryd as I haue besought you and if in this point you shew your selfe obedient to me your Father that am shortly to departe out of this world it will profit you much to your saluation Fare you well 53. Vpon this letter King Alfred being much moued permitted him to retourne to his Archbishopricke againe And S. VVylfryd by the persuasion of the said Theodorus and other Bishopps was induced to accept the same and so he did for some time but after fiue yeres the complaints of his emulatours growing strong against him he was forced to fly the second time vnto King Etheldred of the Mercians but after againe appealed to Rome and went thither being now full threescore and ten yeares old whence retourning absolued as hath byn sayd with letters of commendation from Pope Iohn the seauenth both to Britwald Archbishop of Canterbury that had succeeded Theodorus as also to Alfred King of the Northumbers and to Etheldred King of the Mercians he obteyned againe his Archbishopricke of Yorke and heldâ— it foure yeares before his death 54. The letters of Pope Iohn vnto the two foresaid Kings doe begin with a complaint of sedition raysed in England amongst the Clergie by opposition against S. VVilfride which he exhorteth the two said Kings to suppresse and then beginneth his narration thus Wheras of late vnder Pope Agatho of Apostolicke memory the Bishop VVilfryd had appealed to this holy Sea for the tryall of his cause c. The Bishops at that time gathered herein Rome from diuerse partes of the worlde hauing examined the same gaue the definition and sentence in his fauour which was approued both by Pope Agatho and his Successours our predecessours c. and then sheweth he how the same hauing succeeded in this his second appeale he doth appoint Britwald Archbishop of Canterbury to call a Synod and by all consents either restore him to his Archbishopricke or to come and follow the cause at Rome against him and whosoeuer did not soe should be depriued of his Bishopricke and then concluding with this speach to the King he saith Vestra proinde Regalis Sublimitas faciat concursum vt ea qua Christo aspirante perspeximus perueniant ad effectum Quicumque autem cuiustibet persona audaci temeritate contempserit non erit a Deo impunitus neque sine damno calitus alligatus euadet Wherefore doe your royall highnes concurre also to this our ordination to the end that those things which by the inspiration of Christ we haue iudged for conuenient may come to their effect And whosoeuer vpon the audacious temerity of any person whatsoeuer shall contemne to doe this shall not be vnpunished of God neither shall he escape that hurte which those incurre whose sinnes are bound from heauen So he 53. And I haue thought good to alleadge this notorious example somewhat more largely for that it expresseth euidently both the acknowledgement and exercise of the Popes authority in those dayes as also the deuoute and prompt obedience of our Christian Kings and Prelates therevnto in that holy time of our first primitiue Church For that of the two forenamed Kings Malmesbury wryteth that Ethelredus of the Mercians receaued the Popes letters vpon his knees on the ground And albeit that Alfryd of the Northumbers somwhat stomaked the matter for a time as done in his dishonour yet soone after being strooken with deadly sicknes sore repented the same and appointed in his testament that S. VVilfryd should be restored which testament the holy virgin Elfled his sister that stood by him when he dyed brought forth and shewed before the whole Synod of Bishops gathered togeather about that matter in Northumberland 57. And thus hauing byn longer than I purposed in this example of S. VVylfryds appeales I will passe ouer as before I haue said the other appeales aboue mentioned of Lambert and Athelard Archbishops of Canterbury vnder King Offa and Kenulfus Kings of the Mercians vnto the Popes Adrian the first Leo the third wâ—â— determined the great controuersie about the iurisdiction of the Sea of Canterbury at the humble sute of the said King Kenulsus of all his Clergie and nobilitie I will passe ouer in like mannerâ— the example of Egbert Archbishop of Yorke who by his appealing to Rome multa Apostolici throni appellatione saith Malmesbury that is by frequent appellation to the Apostolicall throne recouered againe the preheminence and dignity of his Archbishopricke and Pontificall pall vpon the yere 745. which had byn withdrawen from that Church for many yeares togeather after Panlinus his departure And I may add further to this argument and consideration not only that appellations were ordinarily made to the Sea of Rome concerning Ecclesiasticall affaires vpon any aggreiuances of particuler persons Churches or Societyes in those dayes as appeareth by the examples alleadged but also complaints of publicke defects negligences or abuses if they concerned the said Ecclesiasticall affaires were carried to Rome and to the Bishops of that Sea aswell against Bishops and Archbishops as against the Kings themselues where occasions were offered which Bishops of Rome tooke vpon them as lawfull iudges to haue power to heare determine and punish the same by acknowledgement also of the parties themselues whereof we might alleadge many examples But one only in this place shall serue for the present which fell out in the tyme of King Edward the elder vpon the yeare of Christ 894. though others differ in the number of yeares And the case fell out thus 57. The Bishop of Rome in those dayes named Formosus the first being aduertised that diuerse prouinces in England especially that of the VVestsaxons by the reason of Danish warrs were much neglected and voyde of Bishops for diuerse yeares the said Pope saith Malmesbury wrote sharpe letters into England Quibus dabat excommunicationem maledictionem Regi Edwardo omnibus subiectis eim à sede S. Petri pro benedictione quam deder at Beatus Gregorius genti Anglorum By which letters he sent excoÌ„munication and malediction to King Edward and all his subiects from the Sea of S. Peter in steed of the benediction which S. Gregory had giuen to the English-nation wherof Malmesbury addeth this reason that for full seauen yeares the whole region of the VVest-saxons had byn voyde of Bishops And that King Edward hauing heard of the sentence of the Pope presently caused a Synod of the Senatours of the English nation to be gathered in which sate as head Pleamâ—ndus Archbishop of Canterbury who interpreted vnto them strictly saith Malmesbury the wordes of this Apostolicall Legacy sent from Rome Wherupon the
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
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
and hath these words Chrisicrux antecellit Caesaris aquilas gladius Petri gladio Constantini Apostolius sedes praeiudicat Imperatoriae potestati The crosse of Christ excelleth the spread-eagles in Cesars banners the sword of Peter is of more eminent power then the sword of Constantine and the Sea Apostolike is more potent then any Imperiall authority And this was the opinion sense and iudgement of these Princes and tymes wherin they made this difference degree of these two swordes without any such preiudice of taking away halfe their Monarchies from themselues or other Princes therby as M. Attorney and other such Prince-flatterers doe pretend The Conclusion vpon the former Demonstrations 90. Now therfore gentle Reader by these ten demonstrations thou hast seene what was the opinion iudgement and practise of all our ancient English Kings before the Conquest about this point of temporall and spirituall power and authority and heare I thinke thou wilt not deny but that my manner of proofe is and hath byn according to the rule of the Fathers touched before in the answere to the preface to wit KATH'HOLON or secundum totum bringing forth the whole body of this tyme that M. Attorneys proofe if it had byn a proofe that is to say if he had proued that which he propounded is secundum partem according to a part he only alleadging two sole petite instances out of all the ranke of aboue an hundred Kings for the space almost of fiue hundred yeares and these two also so weake and impertinent as no waye they can subsist in the sense wherin he alleadgeth them And herwithall in like manner thou mayst pleasâ— to call to remembraunce the auncient obseruation of old Tertullian aboue forteene hundred yeares gone Solemâ— est heretick c. It is a solemne tricke of heretickes by the occasion of some one doubtfull sentence or clause to wrest matters contra exercitum sententiarum against a whole army of sentences to the contrary And S. Cyprian in the next age after him noteth the like audacity of hereticke of his tyme that would take a part and leaue out a part and preferre some peece or parch before the whole And whether M. Attorney doe not follow the same spirit heere in peeping forth with two little miserable mistaken instances out of so great an army of plaine testimonyes to the contrary you haue already seene and out of your wisdome will easily iudge The like or worse dealing will you find afterward when we shall haue passed the Conquest whervnto now we hasten and for the euent I remit my self to the experience OF THE KINGS AFTER THE CONQVEST VNTO OVR TYMES And first of the Conquerour himself whether he tooke spirituall iurisdiction vpon him or no by vertue of his Crowne and temporall authority CHAP. VII HAVING pervsed what passed among our Kings before the Conquest to which pervse veiw we were led by M. Attorneys induction of two instances of those dayes as you haue seen we are now to follow him also beneath the said Conquest for tryall of our controversie where albeit as before I haue noted the further wee goe from the origen of our English conuersion and heate of that primitiue spirit of deuotion that God gaue our Kings in those first ages of their said conuersion to Christian religion the more coldnes we shall find in some cases and more worldly and secular spirit in diuers of our Norman and French Princes then waâ—â— the English before them yet for the substance of this point of controuersie between M. Attorney and mee about the acknowledgement of the Popes authority Ecclesiasticall we shall find them in effect no lesse resolute then the other if you respect the substance of the thing it self though in tendernesse of piety and deuotion their different liues and courses as after you shall se be witnesses vnto vs of no small difference 2. And this is seen in none more then in K. VVilliam the first himself the head stocke of al the rest who though in life action as a warryer and Conqueror were rough fierce boysterous especially in the former years of his raigne ouer EnglaÌ„d wherin vpoÌ„ ielosy of his vnsetled state he did many things de facto which were not so iustifiable de Iure for which Authors doe note that he was greatly punished by God both in himself in his children and childrens children yet in this point of true substantiall obedience to the Church when he was void of passion and out of occasion of any coÌ„straining necessity he all-wayes shewed himself dutifull respectiue humble towards the said Church according to his Oath taken at his Coronation before the Altar of S. Peter at VVestminster se velle Sanctas Dei Ecclesias ac rectores defendere saith Florentius that he would defend the holy Churches of God and the gouernours therof which to haue perfourmed he professed also at his death with teares as Iohn Stow more auncient writers then he doe beare him witnes some are of opinion that the long continuance of his line in the Crowne of England considering how he entered how some of them haue gouerned after him may principally be ascribed vnto this that he would not take in hand the enterprice of England but that first it should be consulted and approued by the Sea Apostolike at at Rome as presently you shall heare that it was and for that himself so firmely relied vpon the same afterward in all his greatest occasions and recommended the same especially to his sonnes on his death-bed when he was free from these interests which oftentimes before drew and wrested him to diuers actions which in that last houre he approued not but condemned and much bewayled 3. And of this later point many examples might be alleadged both of much bloudshed in England of spoiling and destroying the countrey of casting downe many townes and Churches for enlarging his hunting of vexing and oppressing the English-nation of ryfling and spoyling monasteryes and Churches where the English had hidden some of their wealth to maintaine themselues withall his detayning in prison all dayes of his life the Archbishop Stigand and diuers other Bishops and Abbots deposed in the Councell at VVinchester by Pope Alexander his legats in the fourth yeare of his raigne and of his brother Otho Bishop of Baion held in prison by him albeit this concerning Ecclesiasticall persons he professed to doe by licence and commission of the Sea Apostolike yet in truth the cheife cause was his owne vehement passion and ielousie of his temporall estate For I find a letter of Pope Gregory the seauenth that succeeded Alexander the second written vnto him vpon the yeare of Christ 1084. which was the 18. of K. VVilliams raigne wherin the said Pope though praising his religious zeale in other things which he would neuer haue done if he had byn opposite to his authority and iurisdiction yet doth he reprehend
the same Archbishops returning the yeare following to England againe the said Pope Alexander wrote to K. VVilliam by them Alexander Episcopus Seruus Seruorum Dei Charissimo filio Gulielnio glorioso Regi Anglorum c. Wherein after he had tolde him Inter mundi Principes Rectores egregiam vestrae religionis fanâ—am intelligimus that among all the Princes gouernours of the world wee haue heard the singular fame of your religion exhorting him to goe forward in the same for that perseuerance only to the end is the thing which bringeth the Crowne of euerlasting reward he toucheth also diuers points of defending Ecclesiasticall persons and libertyes of the Church of releeuing oppressed people vnder his dominion telling him that God will exact a seuere accoÌ„pt therof at his hands which no doubt was meant principally of the oppressed English nation by him wherof Lanfranke secretly had informed the said Pope After all this I say he telleth him of certaine busines that he had committed to Lanfranke to be handled in England in a Synod to be gathered there as namely about the preheminence of the two Archbishopricks Canterbury and Yorke And also to heare againe and define the cause of the Bishop of Chichester deposed before by his legats And finally he concludeth that he should beleiue Lanfranke Vt nostrae dilectionis affectum plenius cognoscatis reliqua nostrae legationis verba attentius audiatis that by him you may more fully vnderstand the affection of our loue towards you as also heare more attentiuely the rest of our legation committed vnto him c. Where he speaketh to the King as you see like a Superiour And Iohn Stow reciting the history of the said Synod gathered about these matters in England the yeare following at VVindesor hath these words taken out of auncient historiographers This yeare by the commaundement of Pope Alexander and consent of King VVilliam the Conquerour in the presence of the said King his Bishops Prelates and Nobility the primacy which Lanfranke Archbishop of Canterbury claymed ouer the Church and Archbishop of Yorke was examined and tryâ—d out c. Heere then was no repining of King VVilliam at the Popes authority in those dayes but all conformity rather with the same 13. I might alleadge many other examples to this effect as that which Stow writeth in the 17. yeare of the raigne of K. VVilliam and yeare of Christ 1083. that VVilliam Bishop of Durham by leaue of the King and nobles of the Realme went to Rome and obtained of Pope Gregory the 7. to bring the Monks from Tarrow and Yarmouth into the Cathedrall Church of Durham where he gaue to them lands Churches ornaments c. all which saith he K. VVilliam the Conqueror confirmed by his charter in confirmation no doubt of the Popes Charter which to procure he went to Rome and he had licence thervnto from the King and nobles that were sounders of that Church which licence they would neuer haue graunted if they had thought that the matter had appertained only to the King at home in his owne countrey and not to the Pope 14. And in the very same yeare K. VVilliam as before we haue touched being entred into great iealosie of the ambition and aspiring mynd of his halfe-brother Otho Bishop of Baion Earle of Kent least with his Councell and riches he might assist his sonne Roâ—â—rt and others that did rise in Normandy against him or as some thinke desirous to sease vpon his great riches and wealth which he gathered togeather he suddenlie returned from Normandy to the I le of VVight where he vnderstood the said Otho to be in great pompe pretending to goe to Rome and at vnawares apprehended him but yet for excuse of that violent fact upon a Bishop he made first a long speach vnto his nobles there present shewing that he did it not so much in respect of his owne temporall security as in defence of the Church which this man oppressed My brother saith he hath greatly oppressed England in my absence spoyled the Churches of their lands and rents made them naked of the ornaments giuen by our predecessours the Christian Kings that haue raigned before me in England and loued the Church of God endowing it with honours and gifts of many kindes VVherefore now as we beleeue they rest reioycing with a happy retribution Ethelbert and Edward S. Oswald Athulse Alfred Edward the elder Edgar and my cosen and most deare lord Edward the Confessor haue giuen riches vnto the holy Church the spouse of God my brother to whom I committed the gouernment of the whole Kingdome violently plucketh away their goods c. 15. This was one excuse vsed by the Conqueror Another was as Stow recordeth that he said that wheras his brother was both Bishops of Baion and Earle of Kent he apprehended him as Earle of Kent and not as Bishop of Baion that is to say as a lay-person and not as an Ecclesiasticall And yet further when he was vrged about that matter by his owne Prelates he was wont to say as Stow and others doe also note that he did it by particular licence of the Pope and not only by licence but also by his decree and commaundement and so he protested at his death Wherby we see how little opinioÌ„ he had of his owne spirituall iurisdiction in this behalfe Of King VVilliam the Conquerour his lawes in fauour of the Church and Church-men §. II. 16. But no one thing doth more exactly declare the sense and iudgement of King VVilliam in these things then his particular lawes which are recorded by Roger Houeden an author of good antiquity who shewing that King VVilliam in the 4. yeare of his raigne calling togeather all his Barons Gouernours of Prouinces twelue expert men out of euery shyre did reveiw the auncient lawes both of the English and Danes approuing those that were thought expedient and adding others of his owne beginning with those that appertained to the libertyes exaltation of the Church Taking our beginning saith he from the lawes of our holy mother the Church by which both King and Kingdome haue their sound fundament of subsisting c. And then followeth the first law with this title De clericis possessionibus corum Of Clergie-men their possessions the law it self is writen in these few words but containing much substance Omnis Clericus etiam omnes Scholares omnes res possessiones corum vbicunque fuerint pacem Dei Sanctae Ecclesiae habeant Let euery Clergie-man and all schollers and all their goods and possessions whersoeuer they be haue the peace of God and of holy Church And afterwards he declareth what this peace of the Church is to wit that neither their persons nor their goods can be arested molested or made to pay tribute or otherwise troubled by any secular iudge whatsoeuer 17. And in the second law
which is intituled De temporibus diabus pacis Domini Regis Of the times and daies of peace and freedome of our Lord the King he doth explicate that it belongeth to the King and his officers to see these liberties of Ecclesiasticall peace franquises and freedome be exactlie obserued to Ecclesiasticall persons especiallie to punish them double which refuse to put in execution the Bishops sentence of iustice Quod si aliquis â—i foris fecerit saith he Episcopus inde iustitiam faciat veruâ—tamen si quis arrogans pro Episcopali iustitia emendare noluerit Episcopâ—â— Regi notum faciat Rex autem constringet malefactorem vt emendet cui foris facturum fecit scilicet primum Episcopo deinde Regi sic erunt ibi due gladij gladius iuuabit If anie man shall doe anie hurt to him that hath the peace of the Church let the Bishop doe him Iustice but if anie man will bee arrogant not make amends according to the sentence of iustice giuen by the Bishop let the Bishop make it knowne to the King or his Courts and the King shall constraine the malefactor to make amends to him vnto whom hee did the hurte to wit first vnto the Bishop and then to the King and so there shall bee two swords against malefactors and the one sword shall help the other And heere let be considered what he saith of two swords one in the Bishops hand and the other in the Kings and that this must assist that of the Bishops as the principall superiour which is conforme to the speach of K. Edgar if you remember whereof we made mention in the former Chapter and last demonstration therof Wherby is made euident that these auncient Kings beleeued not to any haue spirituall sword or authoritie by right of their Crowns but onlie the temporall to command punish in temporall affaires and to help and assist the others in causes belonging vnto them 18. The third law hath this Title De Iustitia Sanctae Ecclesiae Of the iustice of the holy Church and prerogatiue therof which she is to receiue in temporall tribunals In which law is determined in these words Vbicunque Regis iustitia vel cuiuscunque sit placita tenuerit si vllus Episcopus venerit illuc aperuerit causam Sanctae Ecclesiae ipsa prius terminetur Iustitia enim est vt Deus vbique prae caeteris honoretur Whâ—rsoeuer the Kings Iustice or the Iustice of what other Lord soeuer shall hold pleas or keep courts if any Bishop come thither and open a cause of the holy Church let that cause of all other be first determined for it is iust that God be honoured euery where before all other Marke his reason why the expedition of the Bishops cause is to be preferred before that of the King for that he holdeth the place of God and thereafter must be respected 19. The fourth law hath this Title De vniuersis tenentibus de Ecclesia Of the priuiledges of all those that are any way tenants of the Church And then it followeth in the law Quicunque de Ecclesia aliquid tenuerit vel in fundo Ecclesiae mansionem habuerit extra curiam Ecclesiasticam coactus non placitabit quamuis foris fecerit nisi quod absit in Curia Ecclesiastica rectum defecerit Whosoeuer doth hold any thing of the Church or hath his mansion-house within the land of the Church shall not be constrained to plead any matter of his though he bee a malefactor out of the spirituall courte except which God forbid iustice could not be had in the said Ecclesiasticall court 20. These are the first lawes of all that were made by King VVilliam and after these doe ensue fiue more to the same effect of Churches priuiledges wherof the first hath this Title De reis ad Ecclesiam fugientibus Of malefactors that fly to the Church how they are to haue Sanctuary and protection The second De fractione pacis Ecclesiae Of breaking the peace of the Church that is to say of her priuiledges the breakers wherof are appointed to be sharply punished first by the Bishop then by the King if he be arrogant The third De decimis Ecclesiae maioribus Of the greater tythes belonging to the Church The fourth De minut is decimis Of lesser tythes all which are commaunded to be payed exactly And finally the fifth law which is the tenth in order hath this Title De denario S. Petri qui Anglicè dicitur Rome-scot Of Peter-pence called in old English Rome-scot wherin is appointed the order how the said Peter-pence shall be gathered and made ready against the feast of S. Peter and S. Paul or at the furthest against the feast of S. Peters Chaines as we haue seen also before ordeined by the law of K. Kanutus By all which is vnderstood and much to be considered that neither K. VVilliam nor any of his auncestors tooke vpon them to make any Ecclesiasticall law at all of spirituall matters as of their owne but only did second and strenthen and confirme the lawes of the Church by their temporall lawes by defending the same and punishing the breakers therof Which is a far different thing from the Ecclesiasticall power which M. Attorney will needs haue vs beleeue to haue byn in the auncient Kings of England according to the meaning of the auncient Common-lawes therof but produceth none And I persuade my self he will hardly alleadge me any so auncient as these though he haue studied them as he saith 35. years but fiue hundred more were necessary to find out that which he affirmeth And thus much of lawes for the present 21. There remaineth only one argument more concerning K. VVilliam which is the time of his death and of what sense and iudgment he was in this point at that time when commonly men doe se more cleerly the truth of matters especially Princes then before in their life health and prosperity when passion honour or interest may oftentimes either blind or byasse them And albeit of K. VVilliam diuers ancient writers doe recorde that notwithstanding in his anger vnto secular men he was fierce terrible yet vnto Ecclesiasticall persons he bare still great respect wherof among others this example is recorded by Nubergensis that when at a certaine time Archbishop Aldred of Yorke that had crowned him and was much reuerenced by him while he liued intreating him for a certaine pious worke and not preuailing turned his back and went away with shew of displeasure the Conquerour tooke hold of him and fell downe at his feet promising to doe what he would haue him and when the Nobles that stood round about began to cry to the Arch-bishop that he should take vp the King quickly from his knees he answered let him alone he doth but honour the feet of S. Peter in kneeling at myne Which well declareth saith Nubergensis both what great reuerence
daies they can in Catholike countries vpoÌ„ this pretence of a greater good to ensue therby vnto the Church and Countrey where they are graunted and consequently if K. VVilliam in his dayes did make any such appropriatioÌ„s in this sense it is to be vnderstood that the same was first allowed by the Sea Apostolicke as before we haue shewed in the examples of Charters for buylding establishing of Churches monasteryes and other pious workes And the same may be gathered also out of the Ordinances made about the said appropriations afterward in the 15. yeare of K. Richard the second and 4. of K. Henry the fourth by Parlament wherin the Bishops did fit as cheife in these affaires 29. Collations also of benefices require spirituall power and iurisdiction in him that doth giue or confer the same though in this there may be diuers degrees which are declared 〈…〉 Canon-law And M. Attorney being so eminent in the common-law ought not alltogeather to haue omitted them For first wheras the word Benefice or Church with Cure or Parish for all these are vsed oftentimes for the same doth comprehend as well a Bishopricke as a lower benefice if M. Attorney will vnderstand it heere of the former that is to say that no man can appropriate or bestow a Bishoprick vpon any person but he that hath Ecclesiastical iurisdiction he must remember if before he knew it that three things doe concurre in making of a Bishop by diuine and Canon-law to wit Election Confirmation and Consecration as may be seen by the places therof heere quoted in the margent not to trouble the text therewith to vnskillfull Readers 30. And albeit the first to wit Election when it is iustly made doe giue right to the elected to pretend the second and third that is confirmation and consecration nor can they be denyed vnto him without iniury except vpon iust cause as the same law saith yet can he not vpon his only Election exercise any part of his office of a Bishop either in iurisdiction or order But when he hath the second parte which is confirmation and induction to the benefice which is properly called inuestiture then hath he iurisdiction vpon those people and may exercise the Acts therof by visiting punishing or the like but not the Acts of Order vntill he haue consecration also that is to say he cannot make Priests nor administer the sacrament of confirmation nor doe other such actions as are peculiar to Episcopall Order 31. Now for these three things the first which is election or nomination may be perfourmed by any Prince or lay-man that hath lawfull authority therevnto which diuers wayes he may haue as after shall be shewed either by Ius patronatus of the benefice or prerogatiue graunted him by the Church The second which is confirmation and giuing of iurisdiction must only proceed from him that is the fountaine of all spirituall iurisdiction vnder Christ which is the Bishop of Rome or some Metropolitan or Bishop vnder him that hath authority and commission from him The third which is consecration must be done according to the Canon-law by three Bishops at the least And by this also may wee vnderstand what is necessary for the appropriating or conferring of any lower Benefice with Cure to an ordinary Priest to wit the two first election or presentation which may be done by a secular man and confirmation or inuestiture which allwayes must come as hath byn said either from the Sea Apostolicke or some Bishop authorized vnder him for that it giueth spirituall power and iurisdiction ouer soules which no man can doe but he that hath it in himself no man can haue it but he that receaued it from those that had it immediatly from Christ to wit S. Peter the rest of the Apostles and their Successors Gouernours of the Church as before in the second Chapter of this Answere we haue declared 32. And yet further it is to be noted for more cleernes and distinction that the first of these three to wit Election is of foure distinct sortes in the Canon-law The one called election properly or choise by suffrages and voyces of such as haue to choose The second is termed Postulation when one is offred that is not altogeather capable of the benefice but hath need of dispensation The third is called presentation when he that is patron or hath the aduouson of any benefice presenteth one by right of that Ius patronatus the right of patronage The fourth is called nomination which hath diuers curious differences noted in the law ouer long heer to be discussed But this is sufficient for our purpose that all these foure wayes doe comprehend but only the first degree of appropriating a benefice to any incumbent And albeit originally they doe all foure appertaine to Ecclesiasticall power for that they concerne an Ecclesiasticall thinge yet for many ages haue they byn imparted also by authority and commissioÌ„ of the Sea Apostolicke or by right of patronage to secular lay-men both Princes and others I meane to choose postulate present and nominate fit persons both for Bishops and Pastors And this we see in vse now for many ages in all Catholike Countreys throughout Christendome especially concerning Bishopricks and greatest dignityes Ecclesiasticall But yet no Prince taketh that authority as descending from his Crowne but as by commission graunt or indult of the Sea Apostolicke which they hold to be the fountaine of all spirituall authority and iurisdiction 33. All which being well vnderstood it is easy to distinguish and therby euacuate the argument of M. Attorney in this place which is a plaine Sophisme and deceitfull Syllogisme hauing one sense in the Maior another in the minor For if in the maior proposition wherin he saith out of the Reporte of his law that no man can appropriate an ecclesiasticall benefice with Cure but he that hath spâ—rituall iurisdiction If he vnderstand I say the first degree only which is to choose postulate present or nominate then the said maior is false for that lay-men may doe it also by commission as before we haue said and then doe we graunt his minor proposition that K. VVilliam did or might so appropriate But if he vnderstand in the second or third degree of confirmation and consecration of Bishops then is the maior true the minor false And so M. Attorneys syllogisme euery way is found faulty and guylfull nor worthy of his place and credit 34. And yet will I add one thing more for conclusion of this matter which is that as diuers secular Princes in former ages and in ours also haue had the first degree of approprition as hath been declared to wit to nominate fit persons so haue diuerse pretended as well in our Countries as elswhere to haue in a certaine manner the second from the Sea Apostolicke that is to say to giue the inuestitures in Bishopricks Abbyes and other chiefe
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
find recorded by Malmesbury and others of that time that Calixtus being made Pope vpon the yeare 1119. and presently comming into France and calling a Councell at Rhemes K. Henry of England sent diuers Bishops at his commaundement vnto that Councell And the next yeare after going to treat with the said Pope in person at his Castell of Gesorse in Normandy Acta sunt multae inter illos c. many things were treated between them saith Houeden as it was conuenient in the meeting of so great personages But the principall was that Henry obtained of the Pope to graunt vnto him that he might haue all the customes coÌ„firmed which his Father had in England and Normandy especially that none from thenceforth should be sent Legat into England except the King vpon some controuersie falling out which could not be ended by his Bishops should demaund the same of the Pope So Houeden 15. Wherby we may see the Kings iudgment of the Pope â—â—thority and the recourse to be made thervnto in matters of moâ—â— moment And that which is more soone after this meeting I find that the foresaid Emperour made the like attonement with the same Calixtus which Malmesbury recordeth in these wordâ— In nomine Sancta indiuiduae Trinitatis Ego Henricus c. In the name of the holy and indiuisible blessed Trinity I Henry by the Grace of God Emperour c. for the loue of God and of the holy Romaine Church and of my Lord Calixtus the Pope and for remedy of my soule doe remit freely to God and his holy Apostles S. Peter S. Paul and to his holy Catholike Church all inuestitures by ring and staffe and doe yeeld and permit that in all Churches within my Kingdomes and Empire there be made Canonicall election and free consecration of Ecclesiasticall persons c. 16. And thus was ended that fierce and bloudy controuersie that had lasted and troubled the whole Christian world aboue fifty yeares saith Malmesbury about the vse of Inuestitures pretended by princes to be graunted vnto them and their auncestours by different Popes But yet neuer challenged the same as incident to their Crowne or temporall iurisdiction but as a priuiledge graunted by the Sea Apostolike which might lawfully be done as you haue heard by the former rule of Baldus the Lawyer that the Pope may commit spirituall things by priuiledge in some cases as the is to a mere lay-man And yet further if we seek the beginning of these inuestitures how and when and to whome they were first graunted we shall find the matter very vncertaine For albeit some haue thought and written out of a certaine relation in Sigebert his Chronicle that the first graunt of these Inuestitures was made by Pope Adrian the first vnto Charles the Great in respect of his great meritts toward the Church yet others doe hold this to be false and that the name of Inuestitures was not knowne in those dayes but rather crept in afterward yea and rather taken and vsurped to themselues by certaine Princes by inuasion of intrusion vpon the Church priuately first then more publikely afterward and therevpon pretended by their Successours than granted by speciall gift or consent of any Pope aâ— alâ—â— Which seemeth to haue byn the case also of our King Henry 〈◊〉 first who as you haue heard did pretend to challeng the iâ—â—â—â—â—â—tures as vsed by his Father and brother before him wherof 〈◊〉 notwithstanding we finde no expresse proofe for example 〈◊〉 any of our historyes that they vsed them and much lesse that they were lawfully graunted vnto them And albeit they had byn yet might the same authority which did graunt them reuoke them againe vpon the notable abuses which therof did ensue by selling and buying of Churches by Princes and their officers 17. But howsoeuer this were yet is it manifest heerby that as well those princes which violently tooke these inuestitures vpon them as others that might haue them perhaps graunted for a tyme both of them I say did pretend to haue them from the Sea Apostolike and therin acknowledged the Primacy and Supremacy of Ecclesiasticall power to be in that Sea and not in themselues Which is wholy against M. Attorneys conclusion And therefore the said Emperour Henry the 5. when he deteyned prisoner the foresaid Pope Paescalis and forced him to make a constrained graunt vnto him of the said Inuestitures he would needs haue him put these words in his Bull. Illud igitur diguitatis priuilegium c. That priuiledge of dignity therfore that our Predecessours Bishops of Rome haue graunted vnto your Predecessours Catholike Emperours and haue confirmed the same by their Charters we graunt also to you and doe confirme by this present priuiledge and Charter that vnto the Bishops and Abbots of your Kingdome that shall be chosen freely without violence or Symmony you may giue the inuestiture of staffe ringe and that after the said inuestiture they may canonically receiue their consecration from the Bishop to whome it shall appertaine c. So he 18. And now consider good Reader that if so great potent an enemy of the Church of Rome was so desirous to haue her graunt albeit perforce of such little peeces and raggs of Ecclesiasticall authority as these were how much more glad would he haue byn to haue had all the Popes authority acknowledged to be in himself if he could haue deriued it from the Title of his Crowne and Empire as Syr Edward Cooke would haue taught him if he had byn his Attorney and how easily might he haue procured such a Statute to haue byn made vnto him by his people in Parlament as was made vnto Queen Elizabeth to giue her all supreame authority Ecclesiasticall that euer any person had or might haue if he had listed or if he had thought it had byn worth the procurement And surely it had bin a much more easie and lesse costly way to procure it at home in Germany 〈◊〉 to haue gone to Rome with so mayne an army and extraordinary charges labour and daunger as he did to extort the same from the Pope and yet not all his authority but a small peece therof as hath byn said 19. But now all was amended and accommodated againe as well the Emperour as his Father-in-law K. Henry yelded vp all their pretended right in those inuestitures as you haue heard And as in the procuring and retaining them by what manner soeuer they acknowledged the spirituall power of the Sea of Rome so much more in rendring them vp againe And for so much as both their acts are presumed principally to haue proceeded of our K. Henry all men may therby see his deuotion to that Sea 20. And this deuotion and obedience he continued from that tyme forward vnto his death which was some 15. years in all which time I might shew diuers euident argumeÌ„ts of this point as of his often sending to Rome
speciall Embassadours the particular confidence that sundrie Popes had with him as may appeare by their letters vnto him his sending to Rome vpon the yeare 1123. VVilliam newlie elected Archbishop of Canterbury and Thurstyn of Yorke to receiue their confirmation and palls there for more honour and deuotion of the place and Sea though otherwise hee might haue procured the same to haue been sent to England as eight years before he did vnto Raphe Bishop of Canterbury as Florentius declareth 21. And two years after this againe to wit 1125. in which yeare the foresaid Emperour Henry died that had kept so much stir about inuestitures there was a Synod celebrated in the Church of VVestminster by order of Pope Honorius his legat Cardinall Iohannes de Crema being present President therof wherin diuers Canons were decreed and in the third That no Clergie man should receiue anie benefice at the hands of aelaie-man c. without the approbation of his Bishop and if bee did the donation should be void Which the King tooke not to bee against himself or anie way repined at that Councell gathered by the Popes authoritie neither at this Decree therof that might concerne both him his Which well declareth the pietie of his minde and what his iudgment was of his owne Ecclesiasticall authoritie deriued from his Crowne And now let vs see what M. Attorney hath obserued out of him and his raigne to the contrarie that is to say to proue his supreme iurisdiction It is but one sole and solitary instance and this nothing to the purpose as presentlie you shall see The Attorney Henry by the grace of God K. of England Duke of Normandy to all Archbishops Bishops Abbotts Earls Barons and to all Christians as well present as to come c. We doe ordaine as well in regard of Ecclesiasticall as royall power that whensoeuer the Abbot of Reading shall dy that all the possessions of the monasterie wheresoeuer it is doe remaine entire and free with all the rights and Customes therof in the hands and disposition of the Prior monkes of the Chapter of Reading We doe therfore ordaine establish this ordinaÌ„ce to bee obserued euer because the Abbot of Reading hath no reuenewes proper and peculiar to himself but coÌ„mon with his brethren whosoeuer by Gods wil shall be appointed Abbot in this place by Canonicall electioÌ„ may not dispeÌ„d the Almes of the Abbey by ill vsage with his secular kinsmen or anie other but in entertaining poore pilgrimes strauÌ„gers that hee haue a care not to giue out the rent-lands in fee neither that he make any seruitours or souldiars but in the sacred garment of Christ wherin let him be aduisedlie prouident that he entertaine not young-ones but that he entertaine men of ripe age or discreet as well Clarks as lay-men The Catholike Deuine 22. Heer I desire the prudent Reader to consider how weake and feeble a battery M. Attorney bringeth forth against so stronge and founded a bulwark as before we haue set downe to the contrary wherin hauing shewed and demonstrated by sundry sortes of euident proofe that King Kenry as in all other points of Catholicke doctrine vsage and practice so in this speciall point of the Popes Ecclesiasticall iurisdiction was a perfect Catholicke Prince acknowledging and yeelding vnto him his due spiritual superiority and eminency in euery occasion as you haue heard Now M. Attorney from whome we expected some substantiall proofe to the contrary to wit that he acknowledged not nor practised the same but held this supremacy to be in himself as deriued from his Crowne in as ample sorte as Q. Elizabeth had or might haue by the Statute of Parlament that gaue her all power that had byn or might be in any spirituall person whatsoeuer c. To proue all this I say he comâ—â—â—â— forth now with this one sole Charter which you haue heâ—â—â— whereby the said King as founder of the Abbey of Reading doth assure the lands and temporall possessions which he had giuen to the said Abbey that neither Ecclesiasticall nor Royall power shall take away or distract the same vpon any occasion after the Abbots death but that they shall remaine entyre and free with all their rights in the hands of the Couent Prior and Monks therof vntill a new Abbot be Canonically elected who shall haue no propriety in any parte therof but all common with his brethren in regard wherof he is willed to dispend the same religiously according to the founders meaning and intention as out of the words of the Charter it self you haue heard 23. And now what proueth all this against vs or for our aduersarie Or why is it brought forth think you For heer â— mention only of temporall matters for assuring the possession and due vse of the monasteries temporalityes Heer is no mention at all or meaning of spirituall iurisdiction And how then is this drawne in to M. Attorneys purpose We haue shewed before out of the examples of diuers Kings that founded sundry monasteryes before the Conquest namely K. Ethelbert that of Canterbury K. Offa that of S. Albans K. Edward that of VVestminster and others that besides the ordinary power and priuiledges which founders of pious works haue by the Canon-lawes which are many and great to dispose of their owne donations and to assure the same according to their perpetuall intention The Sea of Rome was wont also to graunt them authority oftentymes to dispose and ordaine spirituall priuiledges to be confirmed afterward by the same Sea as out of diuers like Charters and Graunts you haue heard which was much more then this which heer M. Attorney alleadgeth though nothing to his purpose to proue his maine proposition of supreame Ecclesiasticall iurisdiction deriued from Princes Crownes 24. Wherof it ensueth that this is lesse then nothing And if he will vrge those words of the Charter VVe doe ordaine as ru 〈…〉 regard of Ecclesiasticall as Royall power which in latin are Statâ—iâ—â— autem tam Ecclesiasticae quam Regia prospectu potestatis c. it is also lesse then nothing importing only that he both as King and founder forbiddeth all men both Ecclesiasticall and temporall to enter vpon the lands which he hath giuen to the said monastâ—â—â— either by spirituall or Royall authority euen as you haue heard K. Edgar before prohibite the like concerning the monastery of Medeshamsted founded by him Vt nullus Ecclesiasticorum vel laicorum super ipsum Dominium habeat That no Ecclesiasticall or lay-person haue dominion ouer it or ouer the Abbot thereof signifyinge in the same place that this priuiledge notwithstanding was confirmed by the Pope and Archbishop of England And the like we may presume of this other of K. Henry as also we may note the great respect that he bare euen in this Charter to the Church for that he putteth Ecclesiasticall before Royall in this affaire And finally all this auailing
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
to returne to the obedience and freindship of her King and husband and in the end threatneth to vse the Censures of the Church against her if she obaied not Parochiana eniuâ— nostra es saith he sicut â—◠〈◊〉 non pâ—ssumus deesse iustitia c. For you are our Parishioner aâ— also your husband I cannot but doe iustice either you must returne to your husband againe or by the Canon-law I shall be forced to constraine you by Ecclesiasticall censures I write this vnwillingly and if you repent not I must doe it though with sorrow and teares 6. The like letter at the same time wrote Richard Archbishop of Canterbury to K. Henry the sonne persuading him by diuers earnest arguments to returne into grace with his Father and in the end threatned him that if within fifteen dayes he perfourmed it not he had expresse commaundement from the Pope to excommunicate him But how this matter was afterward ended or compounded rather for that present you shall heare a little beneath though againe vpon other occasions matters brake forth brought the afflicted King at last to the most miserable state of desolation in minde that euer perhaps was read of in historyes For that as Stow out of auncient writers reporteth he died cursing the day that euer he was borne and giuing Gods curse and his to his sonnes which were only two liuing at that time and that he would neuer release or goe backe in this albeit he was intreated by diuers both Bishops and other religious persons euen vntill the very houre of his death Wher vnto Nubergensis addeth this saying for some reason therof Nondum vti credo satu defleuerat c. He had not as I beleeue mourned or bewailed sufficiently the rigour of that most vnfortunate obstination of mind which he had vsed against the venerable Archbishop Thomas in giuing the occasion of his murder and therefore doe I thinke this great Prince to haue had so miserable an end in this world that our Lord not sparing him heere might by his temporall punishment prepare him euerlasting mercy in the life to come So Nubergensis And this for his manners and conuersation wherin otherwise the said Author doth much commend him for a good Iusticer and leuing Father to his people a great Almes-man and founder of pious works and for a principall defender and preseruer of Ecclesiasticall libertyes c. 7. But now if we consider the point of our controuersie about his religion and particular iudgement in the matter of Ecclesiasticall iurisdiction no King euer of our nation did make the matter more cleere for his obedience to the Sea of Rome in all occasions wherof he had many in his dayes some of them neerly concerning himselfe as that of Thomas Becket Archbishop of Canterbury who for opposing himself against certaine new Statutes and Ordinances of the said King which in the heat of 〈◊〉 greatnes and temporall fortune he would haue made against the liberty of the Church pretending them to haue byn of his Grand-father K. Henry the first and if they had byn the antiquity was not great as you see the said Archbishop incurred highly his heauy indignation which cost him afterward his life as is notorious And these lawes were six in number as the histories of that time doe sett them downe The first that no appellation might be made to Rome without he Kings consent The second that no Bishop might goe out of the Realme without the Kings licâ—nce though he were called by the Pope himself The third that no Bishop may excommunicate any man that held of the King in capite but by the Kings approbation The fourth that it shall not appertaine to the Bishop to punish men for periury â—â— violating their faith but that it shall belonge to the Kings Courts The fifth that Clarks may be drawne to secular tribunals in certaine causes The sixt that the King and his lay-Iudges may determine controuersies about titbes or Churches 8. These were the lawes for which K. Henry the second made so much adoe to haue them passe as he enpawned his whole power therin moued for so much as in him lay both heauen and earth to effectuate them euen by the Pope himself but could not And yet you see that heere is not pretended any absolute spirituall iurisdiction but only delegatory in certaine little peeces and parcels therof or rather some little restraint of that supreme authority which he acknowledged to be in the Sea of Rome But yet for the good and peace of his land he pretended to haue them graunted confirmed allowed vnto him as he said they had byn to his Grand-father but could not shew it For as you haue heard in the life of K. Henry the first the holy and learned prelate S. Anselme stood against him in such sorte so as he preuailed not 9. It is heer also specially to be noted against M. Attorney that this King pretended not as hath byn said to haue this iurisdiction against Clergie men by right of his Crowne but by concession rather of his Bishops and confirmation of the Pope himself For so expresly affirmeth Houeden that liued at that tyme that he required the seales of the said Bishops and confirmation of Pope Alexander the third whervnto when Thomas Becket Archbishop of Canterbury that was Legatus-natus would not yeeld the King sent messengers to Rome presently saith Houeden to wit Iohn â—â—â—â—ford Geffrey Ridell to desire of Pope Alexander that he would make his extraordinary Legat in England Roger Archbishop of Yorke an old emulator and enemy of S. Thomas But the Pope perceiuing his drifte which was to oppresse the said Archbishop of Canterbury denyed the Kings petition in this behalfe though at the request of the Kings said messengers Consessit Dominus Papa vt Rexipse Legatus esset totius Angliae it a tamen quod ipse nullum grauamen facere posset Cantuariensi Archiepiscopo The Pope graunted that K. Henry himself should be his Legat ouer all England but yet so as he should not be able to lay any aggreiuaunce vpon the Archbishop of Canterbury that is to say should not preiudicate his ordinary iurisdiction or haue any authority ouer him Which point the King perceiuing and that his whole intent of oppressing the said Archbishop was heerby preuented he would not through indignation saith our Author accept of the said legation but sent back the Popes letters of that commission to him againe Wherby you see that he refused the said office for that he thought the iurisdiction giuen him was lesse then he would haue had and not for that he did not acknowledge the whole to be in the Pope and nothing in himself as from the right of his Crowne 10. But to abbridge this matter concerning his contention with S. Thomas wherof afterward he sore repented himself as you will heare though he entred into the same with great
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
reward in the life to come for it And so much of this 14. But now to passe to another consideration about the same King it seemeth to me that nothing sheweth more this Kingâ— true affection deuotion and confidence towards the Pope and Sea of Rome then his owne recourse thervnto in his greatest affliction before mentioned of the conspiracy of his wife and children against him For then he wrote a very lamentable letter vnto Pope Alexander beginning thus Sanctissimo Domino suo Alexandre Dei gratia Catholicae Ecclesia Summo Pontifici Henricus Rex Angliae c. Salutem deuotae subiectionis obsequium In which letter among other things he saith thus Vbipleniorem voluptatem contulerat mihi Dommâ—â— ibi grauius me flagellat quod sine lachrymis non dico contra sanguineâ—â—â—eum viscera mea cogor odium mortale concipere c. Where God hath giuen me greatest pleasure and contentment there doth he most whip me now and that which without teares I doe not speake vnto you I am constrained to conceiue mortall hatred against my owne bloud and my owne bowels My freinds haue left me and those of myne owne house doe seeke my life this secret coniuration of my wife and children hath so intoxicated the minds of all my most familiar freinds as they prefer their traiterous obedience to my sonne and would rather beg with him then raigne with me and enjoy most ample dignities c. Abseâ—â— corpore presens tamen animo me vestris aduolno genibus I being absent in body but present in mynd with you doe cast my self at your knees Vestrae iurisdictionis est Regnum Angliae c. Experiatur Anglia quid possit Romanus Pontifex The Kingdome of England is vnder your iurisdiction Let England learne by experience what the Bishop of Rome can doe Promitto me dispositioni vestra in omnibus pariturum I doe promise to obay your disposition in all hings 15. Thus he wrote at that tyme with teares as you haue heard wherewith Pope Alexander being greatly moued sent commaundement to Richard Archbishop of Canterbury to write earnestly vnto K. Henry the sonne to recall him from his rebellion vnder paine of excommunication as before we haue shewed And this confident recourse of K. Henry to the Pope in so great an affaire declareth well the opinion he had of his authority And conforme vnto this were all the rest of his actions and doings concerning Ecclesiasticall iurisdiction when he was out of passion and perturbation acknowledging none at all in himself but only from the Sea Apostolike And heervpon he fouuded the security of all his hopes by his first marriage with the Queen Eleanor as hath byn said whose diuorce from King Lewes was vpon the Popes sentence declaringe the same to be inualide and no marriage at all by reason that they were married within degrees of consanguinity prohibited by the Church 16. And soone after this againe about the 6. yeare of his raigne the same King as Stow relateth procured dispensation of the said Pope by his Legat-Cardinalls Henricus Pisanus and Gulielmus Papionensis to make a marriage between Henry his eldest sonne of seauen years old and Margaret the French Kings daughter that was yet but of three years old which he would not haue done by all likelihood with so manifest perill of his whole succession therby if he had either doubted of the Popes authority therin or presumed of his owne 17. And not many years after this againe the said King being very desirous to remoue from the Church of VValtam in Essex certaine secular Chanons that liued not with edification and to place in their roome regular Chanons presumed not to doe it of himself or his owne authority which yet might seeme a small matter but by the authority of the Pope Rex saith Houeden ex authoritate Domini Papae instituit in Ecclesia de VValtham Canonicos regulares The King did appoint regular Chanons in the Church of VValtham by the authority of the Pope And the same doth testifie VValsingham vpon the yeare 1177. that it was done in the vigil of Penticost Authoritate Summi Pontificis sub praesentia Regis By the authority of the Bishop of Rome the King being present at the doing 18. And the same VValsingham two years after that againe doth record another iudiciall Act of the said Pope Alexander in England which is that he exempted from the obedience of the Archbishop of Canterbury Roger that was Prior of the monastery of S. Augustine in the same Citty which had byn subiect to him saith he for fiue hundred years before And it is probable that neither the King nor Archbishop did like thereof but could not let the same 19. And finally to goe no further in this matter of this Kings obedience and deuotion towards the Church when he was out of choller and passion and free from such other perturbations as did draw him stroÌ„gly oftentimes to the doing of certaine things which after he repented I shall end with one shorte narration only of the foresaid VValsingham or a strange extremity and aduersity of fortune from which God deliuered him at one tyme by means of his deuout mynd towards the blessed Martyr S. Thomas of Canterbury vpon the year 1174. which was three yeares after his said martyrdome at what time the Kings state was this as partly before you haue heard Lewys King of France coÌ„ioyning himself with Henry the third King of England and the rest of his brethren against their Father pressed him sore with great armies in Normandy and other partes of his Dominions in France And at the very same time his wife Queen Eleanor in England conspiring with her said sonnes incited by her example many other Princes and noblemen to doe the like who raised diuers rebellions And besides all the rest VVilliam King of Scotland came in with a great Army on the North-side and Philip Earle of Flaunders was entered with another on the South-side At which time K. Henry seeing himself in these straites and not well knowing what to doe yet resolued at the length to passe from Normandy into England and first to succour the principall parte But being on the Sea there arose such a tempest as seing himself in great daunger Erectis in caelum luminibus saith VValsingham lifting vp his eyes to heauen he desired God that saw his intention to be mercifull vnto him as his meaning and purpose was to seeke the peace both of the Clergy people of England c. And God saith our Author admitted presently the prayer of this our humbled King and brought him safe to Hampton-port with all his people who from that day forward giuing himself to pennaunce vsed saith he a very thinne diet to wit bread and water only and casting of all temporall cares nor entring into any one Citty as he went by the way neuer ceased vntill he came to
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
out of King Henry which shall goe in this owne words as before we haue accustomed The Attorney In all the time of K. Henry the third and his progenitours Kings of England and ouer sithence if any man doe sue afore any Iudge Ecclesiasticall within this Realme for any thing wherof that court by allowance and custome had not lawfull Conusaunce the King did euer by his writ vnder the great seale prohibite them to proceed And if the suggestion made to the King whervpon the prohibition was grounded were after found vntrue then the King by his writ of consultation vnder his great seale did allow and permit them to proceed Also in all the raigne of Henry the third and his progenitours Kings of England and euer sithence if any issue were ioyned vpon the loyalty of marriage generall bastardy or such like the King did euer write to the Bishop of that Diocesse as mediate officer minister to his courte to certifie the loyalty of marriage bastardy or such like all which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and commaundement and that one of the Courts were so necessarily incident to the other as the one without the other could not deliuer iustice to the parties as well in these particular cases as in a number of cases before specified wherof the Kings Ecclesiasticall Courte hath iurisdiction Now to commaund and to be obayed belonge to soueraigne and supreme gouernment c. The Catholike Deuine 28. The conclusion or inference vpon this narration must be noted by the Reader to be M. Attorneys owne and not to be taken out of any other lawyers booke as the former parte of the narratiō is that telleth vs how the King appointeth that ech Court both spirituall and temporall shall handle matters and causes proper and peculiar vnto them and the one not to intrude it self into the affaires of the other and to this effect are his vvrits appointed of prohibition where matters are assumed which ought not in that Courte to be treated and of consultation to will them to proceed when their right is knowne All which maketh for vs shewing that the King would haue the subordination between these two Courts to be obserued and the spirituall to direct the temporall where any one thing might belonge vnto them both As for example if any man were impeached of bastardy thervpon his inheritance were claimed by another the Ecclesiasticall Court was first to giue sentence of the marriage whether it were lawfull or no then according to that sentēce was the tēporal Court to giue possession or not of the inheritāce 29. And that this was the true sincere meaning of the law at that time intending therby to shew the excellency and prerogatiue of the Bishops spirituall Courts aboue the Kings temporall is plaine and euident by an other Statute of this maner which M. Attorney would not see made in the 9. yeare of King Henry the 6. where it is ordained in explication of the former that when any such Plea of bastardie is held in any Courte of the Kings the Iudges therof shall make proclamation once in their Courte the Chauncelour of England certified therof by them shall cause to be made 3. seuerall proclamatiōs in 3. seuerall moneths in the Chaūcery That al persons pretending any interest to obiect against the party shall sue to the Ordinary or Bishop to whom the writ of certificate from the said Iudge or Iudges is or shall be directed to make their allegations and obiections against the party as the law of Holy Church requireth And that without this forme obserued al other processe shal be voide c. 30. And by this we may see how carefull the auncient lawes were to haue the spirituall Courte as the superiour well informed according to the law of Holy Church and how not only ordinary Iudges but the Chauncellour of England himself his highest Court of Chauncery was appointed to serue vnto this for that of the spirituall Courts iudgement depended in all such causes the iudgement of the temporall Courts And by this you will se also the vaine sleight of M. Attorney in telling vs that the King did euer write vnto the Bishop of that Diocesse as mediate officer and minister to his Courte to certifie the loyaltie of marriage c. For where doth he find in any ancient law at all those words as mediate officer and minister to his Courte in the latine himself leaueth out the words to his Courte though in calling the Bishop mediate officer or minister which is as much to say as superior officer for that in mediation and subordination of officers and ministers that gouerne the mediate hath the higher roome in respect of the people and Court wherof he is officer he includeth a contradiction against himselfe for then is the said Bishop also aboue all immediate temporall Iudges that must giue him certificate wherof the Chauncellour we se is one euen in the Kings temporall Courts themselues 31. But the inference is much more subtile when M. Attorney saith All which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and cōmaundement But M. Attorney must not so huddle vp iurisdiction and commaundement for that no man will deny but that all sortes of persons as before hath byn said are vnder the cōmaundement gouernement of the temporall Prince whom he may commaund ech one to doe their office duty in the Cōmon-wealth And so may he appoint Ecclesiastical Courts to notifie their sentences iudgements proceedings to his Courts his Courts to informe the Ecclesiastical Courts for good mutuall correspondence between them both which we graunt also to be necessary in euery Common-wealth 32. But iurisdiction which M. Attorney craftely confoundeth heer and shuffleth vp with commaundement is a far different thing importing a higher authority in the same kinde as if the temporall Prince haue iurisdiction Ecclesiasticall vpon Bishops and their spirituall Courtes then doth it follow that all their power in spirituall matters is subordinate to him and deriued from him and so were there no necessity of this distinction and subordination of spirituall and temporall Courts For that the Prince hauing both powers in himself might giue the same vnto any temporal Iudge to decide Ecclesiastical matters also in his Court which yet M. Attorney doth often deny that the Common-lawes can take conusaunce of such affaires And surely it is worth no lesse then laughter to heare him repeat so often The Kings Ecclesiasticall Courte as though this were sufficient to proue the Kings Ecclesiasticall authority in those Courts for that all Courts are the Kings Courts in that they are vnder his protection gouernement and direction and to the vse and profit of his people And so were also the Ecclesiasticall Courts of King Henry the third in this sense who yet chalenged no spirituall authority therin as by
our whole former discourse you haue seen 33. But now let vs contemplate a little the last conclusion of M. Attorney vpon this narration Now to commaund saith he and to be obayed belongeth to soueraigne and supreme gouernement which we deny not in the sense wherin it may be true that is to commaund and to be obaied in temporall matters belongeth to soueraignty in that kinde and to commaund and be obaied in spirituall matters belongeth to soueraignty in those affaires wherof you haue heard many examples concerning the Sea of Rome before alleadged But for the King and his temporall officers to demaund a certificate from the Bishops Court for the Statute vsed not the word of cōmaunding or obaying to let them know thereby what the Bishops sentence and iudgement is to the end they may frame theirs accordingly this by M. Attorneys leaue is no commaunding in the iurisdiction it self of spirituall affaires and consequently inferreth no Ecclesiasticall soueraignty And if he be not satisfied by that which we haue already alleadged out of the raigne of K. Henry the third of spirituall soueraignty acknowledged by him and all his Realme in the Sea of Rome but would see further some examples in particular of the same soueraignty or superiority at least vsed and practised by the Bishops of England towards the King himself and Realme in that kind let him consider these examples following besides the former 34. When K. Henry the third vpon the 16. yeare of his raigne falling out with Hubert de Burgo Earle of Kent that had byn his great fauourite high Iusticer for many former years cast him into prison and he escaping fled to a certaine Chappel for Sanctuary from whence the King had caused him to be drawne forth Roger Bishop of London for that it was in his Diocesse came vnto him and said that except he caused him to be restored to the place of Sanctuary againe Ipse omnes huius violentiae authores excommunicationis sententia innodaret He would bind all the authors of this violence vsed by the sentence of excōmunication And what followed of this Did the King deny his authority or say that he was not vnder his iurisdiction or that himself had supreme authority and iurisdiction ouer the Bishop in that case as he might haue done according to M. Attorneys assertiō No For the words of Mathew Paris immediately following are these Rex autem licet inuitus reatum suum intelligens remisit Hubertum ad Capellain vbi captus suerit à militibus armatis restituitur ab ijsdem quint◠Calendas Octobris The King though against his will perceiuing his owne fault sent backe Earle Hubert to the Chappell againe where he was restored vpon the fifth day before the Calends of October by the same armed souldiars that had drawne him from thence And the same Author addeth that the Kings anger was so great as he commaunded the Earles of Hartford and Essex to set souldiars about the said Chappell that no meate might be giuen him vntill he rendred himself And not many dayes after this the said Earle Hubert being carried from that Chappel vpon composition vnto the castle of Vise in the Diocesse of Salisbury he by help of two souldiars that kept him escaping thence got into a Parish Church neer by out of which being taken by the Kings officers Robert Bishop of Salisbury excommunicated them altogeather with their aiders and defenders and then went to the King in companie of other Bishops to denounce vnto him the said sentence who after much resistance yeelded saith our Author Et in eadem Ecclesia concedente sed inuito Rege remissus est 15. Calend Nouemb. And so the said Earle Hubert was sent backe againe out of the said Castle vnto the Church the King yeelding thervnto though against his will vpon the 15. day before the Calends of Nouember in the yeare 1232. 35. The next yeare after this againe the forsaid Roger Bishop of London hauing been at Rome returned to Douer found there VValter Bishop of Carleile in his iourney towards Rome hauing appealed to the Pope against K. Henry for certaine iniuries offered him and to his Church as he pretended and albeit the King did not let or forbid his repaire to Rome yet shewing himself much displeased therewith his officers at the port handled him verie discourteouslie and denied him passage without the Kings licence which the said Bishop of London seeing excommunicated all the Kings officers that had parte in that violence and then going to Hereford where the King at that time lay with a great army to inuade VVales and taking certaine Bishops with him they tolde his Maiesty of the abuse committed Which when the K. seemed not to care for or not willing to redresse they renewed there againe in the Kings presence the sentence of excommunication against the said malefactors and all those that assisted or fauoured them Non mediocriter Rege murmurante saith our Author ne talem ferrent sententiam prohibente The King not a little repinning and forbidding them to pronounce any such sentence So as heere we see commaunding without obaying in spirituall matters meeteth with M. Attorneys conclusion that to commaunde and to bee obaied belongeth to soueraignty and supreme gouernement 36. And yet further the next yeare ensuing which was the 18. of K. Henries raigne the King being highlie offended with the Earle Marshall of England for entring into a certaine Castle of his owne by force Praecepit Episcopis cunctis vt Mariscallum nominatim excommunicarent Sed illi è contrae communiter dixerunt Indignum esse quia Castellum quod suum fuit occupauit The King commaunded all the Bishops being gathered togeather in Parlament to excommunicate by name the Earle Marshall But they answered him with one voice to the contrarie that hee deserued it not for so much as he had taken but his owne Castle And heere againe we see cōmaunding without obaying in spiritual affaires And if the King had thought himself to be supreme in Ecclesiasticall authoritie he might haue excommunicated the Marshall himself without depending of his Bishops 37. And a few dayes after this againe vpon the yeare 1234. the holy man Edmund that afterward was canonized for a Saint being consecrated Archbishop of Canterbury at which consecration the King himself was present with his nobility and 13. Bishops as our Author recounteth the said Archbishop after his consecration consulting with the said Bishops nobility about the pittifull State of the Realme deuided in it self by the Kings euill gouernment that followed the counsaile of Pictauians and other strangers the said Archbishop went to the King laid the inconueniences before him humbly besought him to take the true remedy which was to dismisse those strangers and if he would not he should be forced to vse Ecclesiasticall Censures against them Et ipse in cōtinenti cum omnibus qui aderant Praelatis in
excluded the Clergy that refused to pay from his protection and from the protection of the lawes whereby they being abandoned and exposed to all iniuryes the most of them fell to composition with the King so bought out and purchased their protection againe more deerer then they might haue continued the same by their contribution 13. And as for the Archbishop of Canterbury that stood constant amongst the rest in that denyall Omnia bona eius saith Mathew of VVestminster mobilia immobilia capta sunt in manu Regis All his goods both moueable vnmoueable were taken into the Kings hands And the same Authour doth recount infinite other intollerable vexations laid vpon them that would not agree to the Kings demaunds in those affaires which were accompanyed with such threates and terrors as the Deane of Paules in London named VVilliam Mont-fort comming one day before the King to speake for his Chanons was so terrifyed as he became mute and fell downe dead before him which yet saith out Author moued little the King but that he persisted in his demaundes And one day sending a knight named Syr George Hauering to the Monastery of VVestminster when all the Monkes were there gathered togeather in their Refectory or dyning-place the said knight proposed in the Kings name that they would graunt him halfe their reuenewes for his warrs and if any wil deny this demaund saith he let him stand vp shew himself that he may be handled as one guilty of breaking the Kings peace Whervpon all yeelded saith Mathew of VVestminster and no man would after with so great daunger contradicte the Kings will And thus much of his violent maÌ„ner of proceeding with the Church and Clergy wherevnto I might adioyne many other things as his dryuing out of the Realme the forsaid Robert Archbishop of Canterbury his Statutes made in the last Parlament at Carleile the same yeare he dyed in preiudice of Holy Churches liberty which were the first that are read to haue bin made in that kind and consequently are thought to haue byn a great cause of all the miseryes and calamityes that fell vpon his posterity as after you shall heare 14. But yet all this doth not proue that King Edward denyed or doubted of the Popes spirituall power or tooke the same vpon himself which is M. Attorneys case and conclusion Nay rather they doe shew and proue his acknowledgement of the said authority if we consider them well though in certayne points that seemed to extend themselues to temporall affaires and might be preiudiciall vnto him he sought to decline and auoyde the execution therof But in things meerely spirituall he neuer shewed difficulty As for example that his Bishops and Archbishops went to Rome to receaue their confirmation and inuestitures there and sometymes were chosen also immediatly from thence as when in the yeare 1278. Robert Kilwarby Archbishop of Canterbury was made Cardinall by Pope Nicholas the third and the Monkes of Canterbury by request of the King had chosen his Chancellour the Pope would not admitt him but appointed an other to witt Iohn Peckam Prouinciall of the Franciscan friers in England who being admitted held the said Archbishopricke for 13. yeres vntill he dyed But as for confirmation and inuestitures no doubt can be made but all was to be had from Rome as expresly you may reade of the admission and consecration of VVilliam Archbishop of Yorke In Romana Curia coÌ„secratus saith VValsingam who was consecrated in the Court of Rome in this same yeare of 1278. by Pope Martyn the fourth that succeeded to Nicolas And the same Author affirmeth that the foresaid Iohn Peckam Archbishop of Canterbury being also consecrated in Rome did some two yeares after call a Councell at Reading commaunding all his Suffragan Bishopps to obserue exactly the decrees of the late generall Councell held at Lyons by Pope Gregory the tenth nor did King Edward mislike or repine any thing at this as neither he did at another Councell called by the same Archbishop Peckam in the yeare 1281. wherin he endeauored to force all Abbots and other exempted persons to come to the said Councell but saith Mathew VVestminster the Abbotts of VVestminsters S. Edmonds-Bury S. Albanes and of VValtham appealed from him to the Pope without any mention of the King which had beene iniurious vnto him if he had taken himself to haue had authority and that supreme in Ecclesiasticall affaires 15. Furthermore in the yeare of Christ 1295. being the 22. of King Edwardes raigne when the foresaid Robert VVinchelsey was first chosen Archbishop of Canterbury the sayd King sent him to Rome to be confirmed and consecrated by Pope Celestinus the fifth which soone after gaue ouer the popedome to Bonifacius the eight And three yeares after that againe to wit 1298. the Bishopricke of Ely being voyde and the greater parte of the Monkes hauing chosen the Prior of their Couent for Bishop the other party chose Iohn Langhton the Kings Chancellour who going to Rome by the Kings fauour coÌ„mendatioÌ„ to pleade his cause before Pope Boniface could not preuaile nor yet the Prior but that the said Pope gaue the Bishopricke of Ely to the Bishop of Norwich and the Bishopricke of Norwich to the Prior and the Arch-deaconry of Canterbury to the Kings Chancellour 16. Moreouer in the yeare 1305. when Pope Clement the fifth a French-man borne in the Diocese of Burdeaux was made Pope and came into France in person first of all others translating the Sea of Rome to Auinion where it continued seauenty yeares King Edward sent Embassadours vnto him the Bishops of Lichfield and VVorcester togeather with the Earle of Lincolne presenting vnto him Singula vtensiliae saith Mathew of VVestminster quibus ministraretur ei in Camera in mensa omnia ex auro purissimo All necessary plate for the seruice of his chamber and table of most pure gold And at the same time he sent two new Bishops elected for Yorke and London to be confirmed by him Quos dimisit ad propria consâ—â—â—â—â—tos saith our Authour whome the said Pope Clement sent home againe with their confirmation And finally when not long after the King fell out with the forsaid Archbishop of Canterbury Robert VVinchelsey for that he had shewed himself againe not so forward to follow his will in all things Dictum Robertum Cantuariensem saith VValsingham apud Dominum Papam accusauit Rex Anglia The King of England did accuse the said Robert Archbishop of Canterbury vnto Pope Clement the fifth that he was combyned with his enemyes c. for the which the said Archbishop was cited to appeare before the Pope and suspended from the execution of his office quousque de sibi impositis legitimè se purgaret vntill he should lawfully purge himselfe of the imputations layd against him by the King Whereby we see what authority this King did acknowledge to be in the Pope and Sea of Rome 17.
We read also that when in the yeare 1299. King Edward was passed ouer with a great army into Flanders and did destroy that Countrey by fire and sword Pope Boniface sent two Cardinall-Legates to entreat him that he would be content to make truce for two yeares to the intent that peace in the meane time might be concluded adding further-more saith our Author paenam excommunicationis interdicti terrarum suarum the payne of excommunication and Interdict of his countreys if he yeelded not therevnto Sed Rex perpendens c. consensit in treguas indictas saith he the King considering well all circumstances c. did consent vnto the truce appointed by the Pope And wheras the next yeare after by other messengers sent vnto him in Canterb. the said Pope Boniface desired him to put at liberty Iohn King of Scotland which he had in hold assuring him that the King of England should leâ—se nothing by this Eorum petitioni Rex condescendens respondit se ipsum loannem tanquam seductorem falsum periurum ad Papam missurum The King condescending to their petition made answere that he would send the said Iohn as a false periured deceauer vnto the Pope to be punished by him And so he did and they caried him into France with them 18. And when afterward in the yeare 1301. King Edward was busily attent to his warrs in Scotland and Pope Boniface enformed by the grieuous complaints of the Scottish-men that K. Edward did them iniury wrote and gaue in commission to the Archbishop of Canterbury by an expresse messenger named Humbert to goe vnto the King and will him to desiste and to remit the iustice of the matter to be examined and tryed by the Sea Apostolicke anyd though the said King for the present tooke the matter very grieuously and sware that he would prosecute his said enterprize to the vttermost yet a little while after in the same yeare he sent the Earle of Lincolne and Syr Hugh Spencer to the said Sea Apostolicke to shew the right of his cause and what iniuries he had receaued at the Scots hands Iusuper Dominum Papam deprecarentur ne mendacij fabricatoribus sinum aperiret And that moreouer they should beseech the Pope that he would not open his bosome of beliefe vnto the Scottish-men that deuised lyes wherevnto the Pope hearkening wished notwithstanding that the King for his cause would giue the truce for a tyme by him assigned wherevnto the King yeelded 19. And when in the yeare following the said Pope Bonifacius vpon instance of the said Scottish-men wrote more earnestly to K. Edward in this affayre alleadging that Scotland was in the protection of the Sea Apostolicke yea and that it apperteyned also to the temporal right of the Church by submission belike of the Prince and inhabitants thereof at that tyme made the King gathering a Parlament at Lincolne determined therin first to write himself to the Pope about this matter and then that the lay-nobility and people should write another letter somewhat more earnestly to the same effect The Kings letter began thus Sanctissimo in Christo Patri Domino Bonifacio diuina prouidentia Sancta Romanae vniuersalis Ecclesiae summo Pontifici Edwardus Dei gratia Rex Angliae salutem deuota pedum oscula beatorum To the most holy father in Christ Boniface by Gods prouidence supreme Bishop of the holy Romane and vniuersall Church Edward by the grace of God King of England sendeth greeting and the deuout kissing of his blessed feete By which title we may see in what estimation he held the Pope at that day albeit in that letter he doth protest that he doth not send this his iustification for his pretence to Scotland in forme of iudgement to haue it tryed by the Sea Apostolicke as making any doubte therof but only to enforme his Holines conscience which he doth very largely beginning from the comming of Brutus himself into England yet doth he conclude beseeching him not to beleeue the informations of his aduersaryes and emulators Sed Statum nostrum iura nostra Regia supradicta habere velitis si placet paternis affectibus commendata That it may please you to haue our State and Kingly right before laid downe recommended to your fatherly affection 20. But the Earles and Barons and lay nobility of the land that wrote a seuerall letter to the Pope as before hath byn said were more earnest in defence of the Kings title saying Manu tenebimus cum toto posse totisque viribus c. We will hold and defend the same with all our power and forces nor will we permit our King though he would to leaue of this title Quocirca Sanctitati Vestrae reuerenter humiliter supplicamus c. Wherefore we doe reuerently and humbly make supplication to your Holines that you will defend our said King that is a deuout sonne of the Catholicke Romane Church as also his rightes libertyes customes and lawes and permit him to continew therin without diminution or molestation c. Giuen at Lincolne 1301. 21. And by all this now we may perceaue the state of things in our countrey at that time as also the sense and iudgement of K. Edward and his realme about this our controuersie of spiritual and Ecclesiasticall authority And that if this King did vse sometymes some rigorous dealing towards the Clergy it was not for that he doubted of their spirituall authority or esteemed the same to be in himself but partly vpon his forsaid necessity of warre and partly for the emulation conceaued against them by the laity for their wealth and other such causes And as for the lawes which he made in their preiudice as that of Mort-main wherby is prohibited that any thing shall passe ad manum mortuam that is to say to any of their communityes that pay not tribute to the King without the Kings speciall licence some other lawes in like manner for restraint as it seemed of their externall iurisdiction in certaine affaires it proceeded of the same emulation and complaints of the subiects begun in the time of King Henry the third as you haue heard and continued in this mans dayes as also in the dayes of diuers of his succesors But this is nothing to our question in hand though M. Attorney hath nothing else but such matter as this as presently you shall see for now shall we passe to his obiections vnder this King which are foure of very small moment as by handling will appeare The Attorney In the raigne of K. Edward the first a subiect brought in a Bull of excommunication against another subiect of this Realme and published it to the Lord Treasurer of England and â—his was by the auncient common-law of England adiudged treason against the King his Crowne and dignity for the which the offender should haue byn drawne and hanged but at the great instance of the
should incurre the forfaiture of as much as they may forfaite towards the King c. So saith the Statute 21. And now heere I would aske the discreet Reader whether M. Attorney ouerthroweth not himself by alleadging such matters as these are For heere King Henry alloweth manifestly the repaire to Rome of Bishops Archbishops Abbots other Prelates for their induction admittance to their dignityes which he would neuer doe if he had taken himself to haue supreme authority Ecclesiasticall in that behalfe of giuing them spirituall iurisdiction immediately from himself And albeit he doe binde them to pay at Rome no more then the ordinary accustomed paiments for such their admittance therby perhaps to induce the said Courte of Rome to aske no more of them when they should vnderstand that it was forbidden vnto them to pay it yet doth he allow not only their recourse to Rome in such affaires but to make likewise the ordinary payments which were accustomed to be paid in old times past according to the words of the Statute which is sufficient to proue our purpose and ouer-throw M. Attorneys And thus much for the tyme of K. Henry the 4. For as for an other instance alleadged by M. Attorney conteyning a prohibition that Buls for exemption of tythes from Parish Churches should not be put in execution for that the effect therof is repeated againe in the next obiection out of the raigne of K. Henry the fifth one answere shall serue for them both Out of the raigne of K. Henry the fifth that was the fourtenth King after the Conquest §. II. The Attorney In an act of Parlament made in the third yeare of K. Henry the 5. it is declared that wheras in the time of K. Henry the 4. Father to the said King in the 7. yeare of his raigne to eschew many discordes debates and diuerse other mischeifes which were likely to arise and happen by cause of many prouisions then made or to be made by the Pope and also of licence therevpon graunted by the said late King amongst other things it was ordained and established that no such licence or pardon so graunted should be auailable to any benefice full of any incumbent at the day of the date of such licence or pardon graunted Neuerthelesse diuers persons hauing prouisions of the Pope of diuers â—â—nâ—fices in England and elswhere and licences royall to execute the same prouisions haue by colour of the same prouisions licences and acceptations of the said benefices subtily excluded diuers persons of their benefices in which they had byn incumbents by a longe season of the collation of the very patrons spirituall to them duely made to their intent to the finall destruction and eneruation of the states of the same incumbents The King willing to auoid such mischeifes hath ordained and established that al the incumbents of euery benefice of holy Church of the patronage collation or presentation of spirituall patrons might quietly and peaceably enioy their said benefices without being inquieted molested or any wayes greiued by any colour of such prouisions licences and acceptations And that all the licences and pardons vpon and by such prouisions made in any manner should be voide and of no valour And if any feele himself greiued molested or inquieted in any wise from thenceforth by any by colour of such prouisions licences pardons or acceptations that the same molestors greiuers or inquieters euery of them haue and incurre the paines punishments contained in the Statutes of Prouisors before that tyme made as by the said Act appeareth The Catholicke Deuine 22. This Statute maketh as little for M. Attorneys purpose of supreme authoritie spirituall as anie of the former and I haue set it downe at large to the end you maie see what smal store of stuffe he hath to furnish his booke when he filleth paper with such impertinencyes for that the whole subiect of this Statute tendeth onlie to the reforme of certaine abuses in some quarreling and troublesome people who meaning to molest others that were in quiet possession of their benefices went to Rome and there framing manie complaints calumniatioÌ„s and accusations against them and against the lawfullnes of their hauing those benefices and pretending that the due collation thereof appertained to the Sea Apostolicke for diuers respects demaunded onlie that the same Sea would giue her right vnto them and so got out prouisions oftentimes to that effect which prouisions it seemeth by the words of this statute that K. Henry the 4. was content they should runne and gaue royall licences for the same and that the title should be tried not withstaÌ„ding the prohibitions of such prouisions made vnder K. Edward and King Richard as you haue heard and all this maketh against M. Attorney But now K. Henry the 5. being informed of the inconueniences that ensued therof and that diuers incumbents were therby excluded of their benefices and the patrons spirituall of their presentatioÌ„s ordained that for the time to come no such incumbents or patrons should bee disquieted or molested by colour of such prouisions from the Pope of benefices that are not actually voide or by vertue of licences from the King for prosecuting the same This is the Statute and you see how little helpe M. Attorney getteth by it But let vs see another instance out of this Kings raigne as wisely alleadged as the former The Attorney A Statute was made for extirpation of heresie and Lollardy wherby full power and authoritie was giuen to the Iustices of peace and Iustices of assise to inquire of those that hold errors heresies or Lollardy and of their maintainers c. And that the Sheriffe or other officer c. maie arrest and apprehend them Infoelix lolium steriles dominantur auena Virgil. Et careant lolijs oculos vitiantibus agri Ouid. The King by coÌ„sent of Parlament giueth power to Ordinaries to inquire of the foundation erection and gouernance of Hospitals other then such as be of the Kings foundation and thervpon to make correction and reformation according to the Ecclesiasticall law The Catholicke Diuine 23. If M. Attorneys store-howse of arguments were not extreme poore emptie he would neuer alleadge such matter as this is for demonstratiue proofes which before he promised vs in his Preface For out of the later example that Ordinaries are appointed to inquire of the foundation execution and gouernment of Hospitals what can be deduced for M. Attorneys purpose or against vs For so much as the foundation erection and gouernment of Hospitals were for the most part meere temporall things except some priuiledges graunted vnto them by the Sea Apostolicke 24. And that in the former example Iustices of peace and assise were commaunded by the King to inquire after Lollards VVickcliffians and such other hereticks it was to apprehend and imprison their persons and not to iudge of their heresies which belonged to their Bishops and Ordinaries
as you haue heard And some cause might be also of this speciall commission for Iudges and Iustices to assist Bishops and so no doubt it was for that the said Lollards and VVickcliffians had not onlie been troublesome and daungerous to the State vnder the raignes of King Richard the secoÌ„d and Henry the 4. but vnto the person and life of this man also some moneths before this Statute by conspiring his death and raising a daungerous rebellion in S. Giles field by London as both VValsingham and other authoâ—s doe reporte and therefore no maruaile though authoritie be giuen as heer is said that the Sheriffes and other Officers maie aâ—â—est apprehend them and what maketh this for M. Attorneys purpose 25. But further I cannot but maruaile at his note in the margent Lollardy saith he is of lolio which signifieth Cockle for as Clockle is the destruction of the corne so is heresie of true religion and then doth he bring in two seuerall verses the one of Virgil and the other of Ouid about lolium shewing himself thereby a good grammarian though yet in the thing it self he was much deceiued For that Lollards and Lollardy being a particular sect of hereticks are not deriued from the latin word Lolium signifying cockle or darnel as the verie deriuation it self might easily shew but of the first author therof named Gualter Lolhard a German about the yeare of Christ 1315. as Tritemius in his Cronicle declareth and is larglie shewed in a booke some yeares past set forth in our English tongue by a Catholike writer which if M. Attorney had read he might easilie haue auoided this grosse mistaking From which also I maruaile that his affectioÌ„ to the men had not somewhat with-held him for that they were of his religion not cockle but good corne if wee beleiue his great historiographer and deuine Iohn Fox who setteth them out not onlie for good Christians but for Saints and martyrs in his bookes of Martyrologe Acts and Monuments But thus these men agree togeather Out of the raigne of King Henry the sixt the fiftenth King after the Conquest §. III. 26. Out of this Kings raigne which endured most Catholiklie for neere 40. yeares though vnfortunately through wars sedition and broiles of the Realme M. Attorney findeth onlie these three poore instances ensuing The Attorney Excommunication made and certified by the Pope is of no force to disable any man within England and this is by the auncient Common laws before anie Statute was made concerning forraine iurisdiction The King only may graunt or licence to found a spiritual incorporation In the raigne of K. Henry the 6. the Pope wrote letters in derogation of the King and his regalty and the Church-men durst not speake against them but Humfrey Duke of Glocester for their safe-keeping put them into the sier The Catholicke Deuyne 27. To the first hath been answered diuers times before that it appeareth to haue been an agreement at that tyme in England that the Popes Bulls of excommunication should not bee published by particular men but with the certificate of some Bishop for more authoritie c. as it is now also vsed in diuers Catholicke CouÌ„tries for auoiding the fraudes and practice of particular inquiet people that by false suggestions get Buls c. But that this was by the auncient CommoÌ„ laws before anie Statute made hath no probabilitie at all as by the whole Course of our auncient Catholicke Kings hath been declared And it groweth now somewhat loathsome and ridiculous to see M. Attorney runne so often to this common Chymera of auncient Common-lawes without shewing any or any likeli-hood that any such were or could bee in auncient tymes amongst our auncestors for that their religion deuotion sense and iudgement ran wholy to the contrary in those dayes Whervpon it followeth as often we haue said that if a Common-law could not be made admitted or authorized without some common consent of Prince and people it is vnpossible that such common laws should then bee as M. Attorney doth frame heer to his fansie vpon euery occasion that pleaseth him 28. That the King onlie maie graunt licence to found a spirituall incorporatioÌ„ maie bee vnderstood in two sortes First that the said incorporation cannot bee made or erected within his dominions or founded with lands goods or rents without his leaue and licence and this wee denie not Secondlie that the said spiritual incorporation should haue her spiritualtie from the King that is to saie her spirituall and ecclesiasticall priuiledges of being such an incorporation belonging to the Church And this wee haue seen by the practice of all times in England both before and after the Conquest to haue been euer sought and receiued from the Sea Apostolicke wherof wee haue a particuler demonstration set downe before in the 6. Chapter of this our Answere 29. The last which he obiecteth of the fact of Humfrey Duke of Glocester that cast as he saith the Popes letters into the fire for their safe-Keeping is rather a iest than an argument And I maruaile M. Attorney a man of his degree would bring it forth and print it also for an argument whether the thing be true or false For if it fell out as heer is noted in the margent vpon the first yeare of King Henry the 6. his raigne when the King was but eight moneths old and the said Duke his vncle Gouernour of the Land and in his cheifest ruffe who afterward came thereby to soe pittifull a ruine both of himself his freinds and the Realme euerie man maie see what force this iest maie haue which yet I haue not read in anie other author besydes M. Attorney and so to him I leaue it OF THE RAIGNE OF FOVRE ENSVING KINGS TO VVIT Edward the fourth Edward the fifth Richard the third and Henry the seauenth And how conforme they were vnto their auncestours in this point of controuersie which we haue in hand CHAP. XIIII THe line of Lancaster being put downe and remoued from the Crowne by the depriuation and death of K. Henry the 6. and his sonne as before you haue heard there entred the howse of Yorke with no lesse violeÌ„ce of armes and effusion of bloud but rather more then the other familie had done before by taking to it self the Crowne from the head of K. Richard the 2. For that Edward Duke of Yorke by dint of sword inuesting himself of the scepter by the same maintained it though with much trouble feares iealousies for the space of 22. yeares and then thinking to leaue it quietlie to his sonne Edward the 5. though with protestation and oath at his death as Syr Thomas More recordeth that if he could as well haue forseene the vanitie of that ambition as now with his more paine then pleasure he had proued he would neuer haue wonne the curtesie of mens knees with the losse of so manie heads
the same was taken from him soone after togeather with his life by the cruell ambition of Richard Duke of Glocester brother to the deceased King so little motion made his oration and protestation against ambition at his death in the heart of him that was so furiouslie set vpon the same and desired to bee in his place 2. This man entring then with such boisterous and vnnaturall iniquitie of the slaughter of two of his Nephews continued that violent gouernment for two yeares and some what more though with many afflictioÌ„s both inward and outward and finallie lost it againe with the losse of his life and proued with a shorter experieÌ„ce then his brother King Edward had done before him how much more paine then pleasure that place brought to the violent possessor especiallie if iniustice goe with it which is the cheife origen and fountaine of all disasterous small successe 3. This man therefore being taken away by the sword of Henrie Earle of Richmond called afterward King Henrie the seauenth he held the same for 24. yeares with different successe in different times for that the former parte of his raigne wanted not waues and sourges and some troublesome motions as in reason it could not so manie great tempests and fierce stormes hauing inquieted the sea before But the later parte of his raigne was more calme milde and sweet hee hauing partlie by his ofspring and linage and partlie by his marriage stopped that great breach and inundation of miseries that brake into our Realme by the diuision of the two howses of Lancaster and Yorke and partlie also by his prudent moderation and gouernment of the Crowne so calmed and quieted mens minds humours and passions as they tooke delight to liue in peace and in this state he left his Realme to his heire and successor King Henrie the eight 4. These foure Princes then succeeding ech one the other in the Crowne of England and holding the same between them for the space of 50. yeares togeather excepting one or two though one of them were not crowned but ought to haue byn which was King Edward the fifth another was crowned that should not haue byn to wit King Richard the third howsoeuer otherwise in regard of linage family faction pretention or succession they were opposite or different one from another in affection iudgement or action for temporall affaires yet in profession of religion were they all one all and euery one of them professing the same faith and holding the same forme of Christian Catholicke religion which all their auncestors had done both before and after the Conquest And this not only in other matters but in the very point also of our controuersie concerning the practice and acknowledgement of the soueraigne spirituall authority of the Church Sea Apostolicke of Rome which may breifly besides all other means be demonstrated by these reasons following 5. First for that none of them was euer noted for the contrary which they would haue byn eyther by freinds or aduersaryes if any such occasion had byn giuen by them especially in that great and bloudy contention between the two houses of Yorke and Lancaster wherin both partes did desire to haue the fauour and approbation of the Sea Apostolicke and good opinion of the Clergy at home And if any least signe or signification had byn giuen by any of these Princes of different iudgment or affection in this behalfe their aduersaryes would haue vrged the same presently to their preiudice and disgrace which we read not to haue byn done 6. Secondly the practice of the said authority and iurisdiction of the Sea Apostolicke vsed vnder these Kings as vnder all former except only the manner of execution in two or three particular cases before mentioned that were conioyned with temporalityes doth euidently conuince the same as namely that all English Bishops Archbishops and other Prelates being elected or nominated to any dignity had euer their Buls and confirmation from Rome and the Metropolitans their palls The Archbishops also of Canterbury that liued with these Kings Thomas Bewser Iohn Morton Henry Deane and VVilliam VVarham who was the last Catholicke Archbishop that held that Sea immediatly before Thomas Cranmer All these I say besides other points of testifying their obedience and subordination to the said Sea did according to the auncient stile of their Catholicke predecessours write themselues Legats of the Sea Apostolicke as may be seen in Fox and other Protestant-writers in relating their commissions in sitting vpon hereticks c. 7. Thirdly the said Iohn Fox doth sett downe in his storie of Acts and Monuments more wickcliffian Sectaries and Lollards to haue been condemned and burned vnder these Princes then commonly vnder anie other before which Sectaries as is knowne did principallie impugne the spirituall authoritie of the Sea of Rome which thinge it is likely the said Princes would not haue done or permitted if they had been euill affected themselues that waie And the said Fox in the end of King Henry the 7. his life doth set forth many painted and printed pageants of the Popes Greatnes in those daies more then euer before 8. And finally not to labour more in a matter so manifest and cleere of it self there was neuer more intercourse between England and Rome for spirituall affaires then vnder these Princes to witt for inductions and inuestitures to all spirituall iurisdiction as hath been said for dispensations indulgences interpretations in doubtfull matters priuiledges franquises Charters for confirmation of Churches Chappels Colledges or Monasteries that were buylded diuers Embassages also were sent to Rome and speciall Legats were sent to England vpon particular vrgent occasions And as these kings had allwaies their Orators ledgers in that Court so had the Popes of that time their ordinarie Nunciâ—s yea and Collectors also of their temporall commodities in England as wee may read in Polidor who among others commeÌ„deth highly the learned Cardinal Hadryan who had been the popes Collector vnder K. Henry the 7. as himself also was vnder K. Henry the 8. This then maie bee sufficieÌ„t for some generall notes and proofes of this truth for that to prosecute particulars in this Kind were ouer tedious Now then shall wee passe to peruse and answere briefly the instances which M. Attorney citeth out of the raignes of these Kings as little to his purpose as the former Instances out of the raigne of K. Edvvard the fourth the sixtenth King after the Conquest §. I. The Attorney 6. In the raigne of K. Edward the 4. the Pope graunted to the Prior of S. Iohns to haue Sanctuarie within his Priorie and this was pleaded and claimed by the Prior but it was resolued by the Iudges that the Pope had no power to graunt anie Sanctuarie within this Realme and therefore by iudgment of law the same was disallowed The Catholicke Deuine M. Attorney repeateth still the word Law to shew thereby that he
togeather in one as also for that they are of so small substance as they deserue not to be handled a part For as to the first concerning the buying of alume of the Florentines who doth not see but that it is a temporall case wherin the Realme of England or Marchants therof being interessed the State might pretend iust cause to differre the admission or execution of the Popes sentence of excommunication touching that affaire vntill they had better informed him of the truth or iustice of the cause in their behalfe For this is vsed ordinarily by all Catholicke Princes and States euen at this day 17. The second obiection about the punishment of Priests and Clergy-men by their Bishops and Archbishops hath nothing in it at all that may make for M. Attorneys purpose For that heere is not giuen by Parlament any new spirituall iurisdiction to Bishops Archbishops but some temporall enlargement is graunted to the same As for example that they may not only suspend and excommunicate and punish by their spirituall censures such licentious persons of life but may corporally punish them also by imprisonment and other wayes as heere is set downe And least any in such cases might make recourse vnto the temporall magistrate saying that they were imprisoned wrongfully and contrary to the common secular laws of the Realme this refuge is cut of by this Statute and absolute power giuen to Bishops Archbishops to punish in such cases as well corporally as spiritually wherby also appeareth that such delicts of Clergy-men were in those dayes to be inquired of and punished only in the Bishops Courts and not in the temporall which was a dignity and no small preheminence of the Prelates of England aboue many other Countreys who neither then nor now haue the like absolute preheminence in all things as before hath byn shewed For that diuers cases and causes doe appertaine only to spirituall Courts in England which are handled also by secular magistrates in sundry other countreys as namely that of Testaments and the like And this is to be ascribed to the speciall piety deuotion of our Catholicke Kings and Countrey 18. As for the third point wherin M. Attorney saith Rex est persona mixta adding this reason because he hath Ecclesiasticall and temporall iurisdiction Whosoeuer maketh this instance either M. Attorney or some other author of his he little seemeth to vnderstand what is needfull to induce Ecclesiasticall iurisdiction wherof he may need more at large in the second Chapter of this booke And as for the person of a King it may be named mixt in some other respects as namely for that a King is annointed and therby hath somewhat of a Clergy-man also though absolutely he be a lay-man as you haue heard before the great Christian Emperour Valentinian professe of him self Quod erat vnus de populo that he was a lay-man and not a Clergie-man He is likewise head of the whole Common-wealth wherin are members both Clergy and lay-men as before hath byn said and in that respect is he head of both partes and consequently mixt or common to them both But all this induceth not necessity of spirituall iurisdiction except it be committed vnto him from the Church and Prelates therof in whome originally it is as in the forenamed place we haue abundantly declared 19. And the like wee answere finally to the fourth and last obiection wherin it is said that the King maie dispense with a bastard to bee made Priest and with a Priest to haue two benefices and this by his Ecclesiasticall power and iurisdiction The matter must bee distinguished that the King maie dispense or giue his consent in these cases for so much as toucheth the Common wealth or maie bee hurtfull vnto it and no otherwise which is to say so far forth as it maie importe or preiudice the Commō-wealth that bastards not inheritable should be Priests or one Priest hold manie benefices But then this dispensation is not by anie iurisdiction spirituall as M. Attorney would inferre but temporall onlie of the Prince as hee is head of the Common wealth For as concerning spirituall dispensation appertaining to conscience for so much as the prohibition that Bastards shall not bee ordained Priests was not made first by temporall Princes but by the auncient Canons of the Church none can dispence properly therin but he that is spirituall head of the whole Church or some other by his commission 20. And by the same reason for that spirituall iurisdiction ouer soules which is the iurisdiction of him that hath a benefice cannot bee truely giuen or deliuered to anie man but by him that hath it in himself to wit some Prelate of the Church that hath it from the fountaine of succession from the Apostles as before hath been declared it followeth that none which hath not this iurisdiction by this means in himself can giue anie benefice to anie man and much lesse two or manie benefices that is to saie spirituall iurisdiction ouer manie flocks to one man except hee onlie that hath superior and mediate spirituall iurisdiction ouer the said flocks and their soules And heerby wee see that standing in the principles and grownds before set downe and manifestly proued M. Attorneys instance is to no purpose at all to the effect and sense wherin hee would haue it vnderstood 21. And this shall suffice for this place and for the raignes and liues of all Christian Princes of our Realme that liued in vnion and conformitie of one religion and acknowledgment of one supreme authoritie spiritual of the Sea Apostolicke of Rome from the first to the last that is to saie from King Ethelbert that receiued the first grace of our conuersion to the Christian Catholicke Roman religion vnto King Henry the 7. inclusiuè who being the last and neerest English auncestour to his Maiesty that now is and succeeding after aboue a hundred and twenty English Kings of the same religion ended happely also his life raigne therein without any change or alteration And if this sonne had followed the same course and held it out to the end as he did for two partes of three of his raigne he had byn thrice happy but Gods prouidence for his and our sinnes permitted otherwise We shall therfore see breifly the manner means occasions motiues and euents therof in the ensuing Chapter OF THE RAIGNE OF K. HENRY THE EIGHT And of his three children King Edward Queene Mary and Queene Elizabeth And how the first innovation about Ecclesiasticall iurisdiction was made and continued in their dayes CHAP. XV. NOVV are we come vnto the time wherin great change indeed and alteration was made in our Countrey by particular Statutes and Nationall laws so far forth as a perpetuall and vniuersall receiued truth by nationall and temporall decrees could be altered in the foresaid point of spirituall and Ecclesiasticall iurisdiction For that K. Henry
should bee able to get authoritie ouer so manie other Bishops his equals throughout so manie and different nations so far off from him and so little fearing his temporall power or that so manie People Citties Kingdomes Common-wealths Prouinces and Nations would bee so prodigall of their owne libertie as to subiect themselues to a forraine Priest as now so manie ages they haue done or to giue him such authoritie ouer theÌ„selues if he had no right therevnto at all 7. But what shall I stand to dispute with Luther in this matter Or what importeth it what he saieth or beleeueth therin for so much as through anger and enuie he knoweth not himself what he thinketh or saith but declareth well the saying of the Apostle to be true in himself Cor ipsius insipiens obscuratum itaditumque in reprobum sensum That his foolish heart is darkned and deliuered ouer vnto a reprobate sense So King Henry pronouncing as you see a heauy iudgment against Luther now and himself afterwarde when he fell into the same darknes and not only obscuritie of vnderstanding but inconstancie also of proceeding which heer so eagerly hee obiecteth to Luther for this he writeth of him Quis non eius miretur inconstantiam c. who will not wonder at Luthers inconstancie for a little before he wrote in his bookes that the Papaltie though it were not by diuine right yet was it by humane to witt by humane consent for the publik good of the Church and therevpon condemned and detested the sect of the Hussites in Bohemia for that they had cut themselues off from the obedience of the Roman Sea affirming that they sinned damnably whosoeuer obaied not the Pope This he wrote verie lately since his fall from Catholicke religion but now he is run into that which then he so much detested And like inconstancy he hath shewed in another point also which is that hauing preached of late in a certaine Sermon to the people that the Popes excommunication was to bee obaied and patiently be borne as a medecine in a disease WheÌ„ himself afterwards was most worthily excommunicated he tooke that sentence of the Pope so impotently as seeming to be mad or fallen into rage he brake forth into such contumelious speaches and blasphemies as no Christian eares can abide to heare the same so as by his furie he hath made it euident Eos qui pelluntur gremio matris Ecclesia statim furijs corripi atque agitari daemonibus That those which are cast out from the lap of their mother the Church are taken presently with suries and vexed with diuells Thus far K. Henry and much more to this effect which for breuityes sake I pretermit 8. And now let vs with greife of mind some terror of conscience looke ouer and reflect vpon that which happened afterward vnto this King himself and into what extremes of passion and choller he fell in his writings and Statutes against this very Supremacy of the Pope when he was excommunicated by him which heere he defendeth against Luther though in other points of doctrine he remained still opposite to Luther euen vnto his dying day 9. It is worthy the noting also what mutability and inconstancy he vsed not only in the whole thing to wit in dâ—â—â—ing the Popes Supremacy but in the very manner also of falling into that extremity For first for many yeares after the writing of this his booke which was in the yeare of Christ 1521. he continued so deuout and obedient to the said Sea of Rome as no King in Christendome more as may appeare by the mutuall good offices of loue friendship that passed between them And when six yeares after this againe Rome was spoiled by the army of the Duke of Burbon Pope Clement the seauenth held as besieged in the Castle of S. Angelo no King or Prince of Christendome was more forward in the ayd of the said Pope then K. Henry of England as may appeare by his great and famous Embassadge sent that very yeare into France by Cardinall VVolsey about that matter in the yeare 1527. to draw the King of France into the association of that aid and help 10. And when againe the next yeare after King Henry began to moue his doubt or question about the lawfullnes of his marriage with Queene Catherine he referred the whole matter to Rome and procured Iudges to be sent from thence as namely Cardinall Campegius that was directed from Rome the selfsame yeare into England for Legat with like commission for Cardinall VVolsey to be ioyned with him as deputyes from Pope Clement to heare and iudge the matter before whome sitting in iudgment both K. Henry and Queen Catherine being cited personally to appeare they made their appearance in the Church of the Black-Friars in London in the moneth of Aprill anno Domini 1529. which was the one and twentith of King Henryes raigne And albeit King Henry being offended that by this means of these two Legats the Pope accepting of the Appeal of Queen Catherine recalling the matter to himself he could not haue his wil did put from his fauour soone after Cardinall VVolsey when the other was departed and brought him to the miserable end which is well knowne yea condemned for his sake the whole Clergy of England in a Premunire that is to say the losse of all their goods which afterward they redeemed with a submission and payment of a hundred thousand pounds for that they had acknowledged the said Cardinals Legantine authority which himself had procured from Rome yet did not he for this surcease to send other Embassadours to continue the solicitation of the same suite of diuorce in the said Court of Rome and namely among others Doctor Stephen Gardâ—â—â— the Kings chiefe Secretary soone after made Bishop of VVinchester who was sent thither as Stow and others doe testifie presently after the departure of Cardinall Campegius in the same yeare 1529. Neither did King Henry leaue of to hold his Embassadours Lawyers and Procurators there about this matter for two or three yeares after this againe vntill he saw there was no hope to get his diuorce by that means and on the otherside was resolued to marry the Lady Anne Bullen whatsoeuer came of it and so did in the yeare 1533. and 24. of his raigne 11. Thus then you see the beginning and progresse of the cause of King Henryes breach with the Sea Apostolicke which probably would neuer haue byn if he could haue obtained his will that way but falling into despaire therof tooke resolution to cut the knot which otherwise he could not vndoe But the manner of his proceeding may be best seen by two Acts of Parlament set downe heer by M. Attorney the one of the 24. the other of the 25. yeare of King Henryes raigne for that in the former which was in the yeare of his marriage with Lady Anne Bullen as hath byn said he prohibited
all appeals in causes Ecclesiasticall to the Court of Rome reducing all spirituall authority of determining the same vnto the body spirituall of the English Clergy for so the words of the statute are The body spirituall of the English Church saith he hauing power when any cause of the law diuine happened to come in question or of spirituall learning c. to declare and determine all such doubts to administer al such offices duties as to their roomes spiritual did appertaine without the intermedling of any exteriour person or persons c. Wherby it appeareth that by this Statute he reduceth all spirituall power to a certaine community of the Ecclesiasticall body of England but in the second Statute that followed in the yeare after against suing for licences dispensations facultyes graunts rescripts or delegacyes to Rome he seemeth to establish all authority in the Archbishop of Canterbury that was then Thomas Cranmer newly made by himself for allowing of his marriage with Lady Anne Bullen for so he saith in the statute That the Archbishop of Canterbury for the tyme being and his successours shall haue power and authority from tyme to tyme by their discretions to giue graunt and dispose by an instrument vnder the seale of the said Archbishop vnto the King and vnto his heirs successours Kings of this Realme as well all maÌ„ner of such licences dispensations compositions facultyes graunts rescrips delegacyes instruments and other writings for causes not being contrary or repugnant to the holy scriptures and lawes of God as heertofore had byn vsed and accustomed to be had and obtained by the King or any his most noble progenitors or any of his or their subiects at the Sea of Rome or any person or persons by authority of the same c. 12. Lo heer King Henry giueth authority to the Archbishop of Canterbury to giue vnto him to wit to King Henry himself and his successors Kings of England and their subiects all dispensations which they were wont to â—â—ke and obtaine at the Popes hand so as heer he acknowledgeth that in former times that authority belonged to the Pope and that his auncestors and progenitors were of that opinion but that now he being offended with him he would take it from him and bestow it vpon the Archbishop of Canterbury subiecting himself and his inheritours to aske and obtaine the said dispensations at his hands and his successours which was as you see to make Archbishop Cranmer Pope and not himself for this yeare as the whole body of the English Clergy was for the yeare past 13. And wheras it is euident that King Henry gaue this authority to Cranmer for dispensing c. to the end he should dispense with him for marrying of the said Lady Anne Bullen it seemeth strange that he would vse this so ridiculous circuyt as first to giue authority by Parlament to Cranmer to be able to dispense with him to wit with King Henry the giuer and would not take immediatly either by himself or by Parlament authority to himself to dispense with himself But it is well seen that he had some remorse or shame-fastnes therin at the first beginning though the very next yeare after he amended the matter or rather made it worse by assuming it to himself For calling another Parlament vpon the 26. of his raigne he made the first Statute of all with this Title An act concerning the Kings Highnes to be Supreme head of the Church of England and to haue authority to reforme and redresse all errors heresies and abuses in the same Wherby you may see what gradation was vsed in this matter or rather mistery giuing this power first to the Community of the English Clergy secondly to the Archbishop of Canterbury and thirdly to himself and all this in three distinct yeares immediately following one the other 14. And now if mens euerlasting saluation must depend vpon these mutations of spirituall iurisdiction as no doubt they did in thousands of our Countrey at that tyme and if the eternall wisdome of our Sauiour Christ hath left no more certainty for direction of our soules by spirituall gouernement and authority then this of our English Parlament which changeth so often and easely as you haue heard vpon euery Princes particuler inclination then are we doubtlesse in a pittifull plight for that as hath byn declared before of the certainty of this spirituall power for binding or loosing of our sinnes for SacrameÌ„ts instructions directions and all other spirituall helps and assistance in this life dependeth the surety of our euerlasting saluation or damnation in the life to come 15. But to goe forward a little further in this matter now we haue King Henry head of the Church and M. Attorney no doubt is glad therof for helping of his cause though it help it but little or nothing at all it being the first example that euer could be giuen therof in England or elswhere throughout the Christian world and so much the more to be misliked if we beleiue Iohn Caluin in his sharp reproofe of this attempt which he calleth Tyrannicall Anti-Christian But M. Attorney perhaps will not care for Caluin or Beza or any of their followers in this point for that it maketh not to his purpose Well then he must notwithstanding graunt this in all reason that if this supreme authoritie spirituall was wel and rightly and by gods direction spirit and allowance taken vpon himself by King Henry then is it likely that he was guided also by the same spirit afterward in making his decrees laws and ordinances for directing and gouerning the English Church by that authority and especially for reforming and redressing of all errors heresies and abuses therin according to the speciall title of his said authority before set down wherof it followeth that when vpon the 31. yeare of his raigne which was fiue after the said authoritie giuen him hee calling a Parlament determined six mayne and principall articles of protestant religion to bee heresies to witt The deniall of the reall presence of the communion vnder one kind only That Priests may marrie That vowes of chastitie may bee broken That priuate masses are not lawfull That sacramentall or auricular confession is not necessarie appointing them that should hould any of these heresies so coÌ„deÌ„ned by him to be burned as notorious hereticks it followeth I say that this was decreed by him out of the same spirit and direction of god for that otherwise his Ecclesiasticall supremacy had byn to small purpose if there were no certainty in his determinations or that God would permit him to erre so grosly in so importaÌ„t a busines as this was for the whole Church of England so soone after he had ginen him his said supreme authoritie Ecclesiasticall 16. And that this was done by him against the Protestants with great deliberation consultation aduise maturity in the fullnes of his power Ecclesiasticall appeareth
the memorie of Queen Marâ—e without mentioning her at all so could I haue done also but that my purpose is to passe through the raignes of all our Princes without ouerpassing of anie And it maie serue also to our purpose to consider therby the broken and interrupted succession of this new headshipp in the Father sonne and daughters For as the Father by his Act had contradicted all his auncestors Kings of England before him from the beginning of their Conuersion vnto his daies so his sonne though succeeding him in the participation of that act yet contradicted him in all the rest that hee decreed touching matters of religion by vertue of that headshipp after him then came th' elder daughter who coÌ„tradicted them both and restored all to the auncient state againe wherin it had coÌ„tinued throughout the race of al her auncestors progenitors of England and Spaine for a thousand yeares and more So as heer M. Attorneys prescription can bee verie small for so much as his whole thrid therof was broken and cut of by Q. Marie and consequently he must begin againe with Q. Elizabeths raigne as the fountaine of all his deduction 32. And for so much as Queen Marie hauing as a deuout obedient and Catholicke Princesse returned al things belonging to religion to their auncient state and coÌ„dition wherin her Father found them and her Grand-father left them shee repealed and mortified all such Statutes of innouations and new deuises as shee found to haue been made vpoÌ„ anie occasion or fansie what soeuer during the time of her said Father and brother reducing her self in obsequium fidei to the humble obedience of that only faith which had been held and practised in Christs vniuersall Church and namely also in England from the beginning vnto her said Fathers daies punishing likewise diuers of the heads and authors of those new innouations and alterations that had been made and mamely and aboue others the chiefe author and instrument of all Thomas Cranmer Archbishop of Canterburie who entring Catholikly as was thought into that dignity was the first Archbishop that euer failed or dissented in his faith froÌ„ the rest or from the obedience and subordination to the Sea Apostolicke and so by gods iudgmeÌ„t came to bee a stange example of a miserable end to bee burned publikly for his heresies and for that in particular against which his noble and learned predecessours Lanfrancus Anselmus and other Archbishops of Canterburie had foughten most famously aboue other learned men when it first sprang vp in Berengarius the first author and inuentor therof in the daies of VVilliam the Conquerour I meane the deniall of the Reall presence in the blessed Sacrament which of all other heresies was most hatefull vnto him for whose sake Cranmer first of all declined to schisme and heresie I meane King Henry the eight yea and to himself also for a tyme after the others death as may appeare by the foresaid first Statute made cheifly by his authority in the first yeare of King Edwards raigne in fauour of the said Reall presence against the Sacramentaryes 33. All which being so euery man may behold what ground or certainty there was in those dayes or is now for men to leave the Catholicke knowne religion and cast the saluation of their soules vpon such alterations as these were For that after Queen Mary who had restored all to the auncient state as hath byn said came her younger sister Queen Elizabeth a Lady of some fiue and twenty yeares of age who by little and little altered all againe agreeing in all points neither with the one nor with the other neither with them that had made the former alterations but brought in a new and distinct forme and fashion of beleiuing worshipping God peculiar to it self in diuers points and differing from all in some Of which innouation by the said younger sister against the elder they being the only two Queens that euer haue raigned in their owne right within our land since the beginning of Christianity we shall now passe to speake a few words and so end this whole discourse of our English Princes and their religion Of the raigne of Queen Elizabeth who was the three and twentith Princesse after the Conquest and last of King Henryes race §. v. 34. This Lady being the daughter of King Henry and Queene Anne Bullen comming to raigne after the foresaid Queen Mary her sister was persuaded to resume and take to her self that supreme spirituall power and iurisdiction which Queen Mary her elder sister had refused and caused to be restored to the place and persons from whom it was taken by her Father and brother And I say she was persuaded therevnto for that it is the opinion of many men that knew her and conuersed with her both before and after her entrance to the Crowne that she had neither great desire to take it at the beginning nor opinion that she might doe it but only that she was told it was necessary to her present state at that time in regard of diuers Popes sentences past against her legitimation the lawfullnes of her Parents marriage and the pretense of the Queen of France and Scotland at that tyme vpon 〈◊〉 supposed desect to the Crowne of England as due to her â—â—ough the others illegitimation 35. For remedy of all which it was made a matter necessary that she should take the said authority Ecclesiasticall from the Pope and Sea of Rome and place it in her self especially when by negociation of some that desired the change it was brought about that the ParlameÌ„t should offer it vnto her vnder this plausiâ—â— Title of An Act for restoring to the Crowne the ancient iurisdictioÌ„ of the 〈◊〉 Ecclesiasticall and spirituall and the act it self so cunningly and â—â—â—ertly penned as before hath byn said as throughout the same â—â—re is not found so much as once mentioned or named The head of the Church which euery-where is iterated vrged in the Statutes that gaue the same power to her Father and brother but in steed therof commeth in the deuise before mentioned of Supreme Gouernesse with authority to visit reforme correct errors heresies câ—â—ses c. And al this for sweetning the matter as a man may say to this Lady at the beginning who besides the other reason of Caluins mislike reprehension therof before mentioned in King Henry the eight had little opinion or appetite of the matter in those dayes not being ignorant for that she was of excellent wit how strange a thing it would seeme in the world to haue one of her sex Supreme in sacred and Ecclesiasticall matters iâ— ijt â—ua sunt ad Deum to vse S. Pauls words in this case that is to say in those things that are to be handled with God for men or between God and man 36. But being tolde by some in good sadnes at that time and M. Attorney offereth to stand to it
now that this authority was no new thing or to vse his words not a Statute introductorie of a new but declaratorie of an old and that the same was conforme to the auncient laws of England acknowledged and practised by all her auncestors Kings of the same and that the difference of her sex as they had qualified the matter and couched their words did hinder nothing at all the acceptance of this authority shee was content to lett it passe admitt therof for the time though I haue beene most credibly informed by such as I cannot but beleiue therein considering also her forsaid sharpenes and pregnancie of witt that vpon diuers occasions especially for some yeares after the beginning of her raigne she would in a certaine manner of pleasantnes iest thereat herself saying Looke what a head of the Church they haue made mee 37. And to the end that no man may imagine that these things some other which heer I am to touch of the good dispositioÌ„ this deceased Princesse had of her self towards Catholicke religion at the beginning of her raigne and for diuers yeares after if she might haue been permitted to her owne inclination are fayned I doe affirme vpon my conscience in the sight of him that is author of all truth and seuere reuenger of all false-hood that nothing hereof is inuented or framed by mee but sincerely related vpon the vndoubted testimonies of such as reported the same out of their owne knowledge As for example that not longe before the death of Q. Marie a coÌ„mission being giuen to certaine of the priuie Counsell to goe and examine the said Ladie Elizabeth at her howse of Hat-field not far from London when other matters had been debated shee taking occasion to talke with one of them a part in a window said vnto him with great vehemencie of spirit and affliction of mynd as it seemed laying her hand vpon his Oh Syr and is it not possible that the Queen my sister will once bee persuaded that I am a good Catholicke Yes Madame quoth the Counsellor if your Grace bee so indeed God will moue her Maiestie to beleiue it Wherevpon the said Ladie both sware and protested vnto him that she did as sincerely beleiue the Roman Catholicke religion as anie Princesse could doe in the world in proofe thereof alleadged the order of her familie which was to heare masse euery daie and the most of them two one for the dead and the other for the liuing And this hath the said Counsellour oftentimes related vnto mee and others hee being a man of great grauity truth and sinceritie in his speeches 38. And coÌ„forme to this I haue seen a letter written in Spanish from the said howse of Hat-field vnto K. Philip then in Flaunders by the Count of Ferâ—â— afterward Duke and then Embassadour for the said King in England which letter was written vpon the 16. daie of Nouember in the yeare 1558. when Queen Marie being now extreme sicke and annealed out of all hope of life he went to visit the said Princesse Elizabeth from his Maister and relateth all the conference and speach he had with her and her answers to diuers points concerning her future gouernment with his opinion of the same both in matters of 〈◊〉 and religion concerning the latter wherof though hee discouered in her a great feeling and discontentment of certaine proceedings against her in her sisters time and therevpon did foreâ—â—some troubles like to ensue to some of them that had been in â—â—fe gouernment and namely to Cardinall Poole if he had liued 〈◊〉 wrtieth he that for the Principall points of Catholicke faith â—â—en in controuersie he was persuaded she would make no great â—â—teration and in particular he affirmeth that she protested vnto vnto him very sincerely that she beleiued the reall presence in the Sacrament after the words of consecration pronounced by the Priest 39. Which relation of this noble man is much consirmed by that which was written to the said Queene herself some six or seauen yeares after by Doctor Harding in his dedicatory epistle before the confutation of the English Apologie of the Church of England vpon the yeare 1565. wherin he commendeth her liking of her more sober preachers both allwayes heertofore saith he and specially on Good-friday last openly by words of thanks declared when one of a more temperate nature then the rest in his sermon before your maiesty confessed the Reall Presence So he And that this opinion and affection staied and perseuered with her euen vnto her old age by her owne confession I haue for witnes another Worshipfull knight yet aliue who vpon the truth of his conscience hath often protested vnto me that hauing occasion to walke talke with her and to discourse somewhat largely of forraine matters for that he was newly come froÌ„ beyond the seas in her garden at VVhitehall not aboue fiue or six yeres before her death relating vnto her among other things the iudgment and speaches of other Princes concerning her excellent partes of learning wisedome bewty affability variety of languages and the like but especially the speaches of certaine great Ladies to this effect vpon viewing of her picture the said knight seeing her to take much contentment therein and to demaund still greedily what more was said of her he thought good asking first pardon to ad the exception that was made by the said Ladies to wit how great pitty it was that so rare a Princesse should be stained with heresie wherat her Grace being much moued as it seemeth answered And doe they hold me for an heretick God knoweth what I am if they would let me alone and so auouched vnto him in particular that she beleiued the Reall presence in the Sacrament with other like protestations to that effect 40. And sundry yeares before this againe there being sent into England from France one Monsieur Lansacke of the French King Counsell that was Steward in like manner of the Queen-mothers houshould as before hath byn meÌ„tioned he was wont to recount testifie after his returne with great asseueration that hauing had confident speach with the Queen of England about matters of religion she told him plainely that which before we touched about her spirituall Supremacy to wit that she knew well inough that it belonged not to her but to S. Peter and his Successours but that the people and Parlament had layed it vpon her and would needs haue her to take and beare it Adding moreouer her Catholicke opinion about other points in controuersie also and namely about Praying to Saints affirming that euery day she prayed herself to our Blessed Lady And so far forth had she persuaded this to be true to this French Counsellour as he did not only beleiue it and reporte it againe with great confidence but was wont to be angry also with such as should seeme to make doubt of the truth therof among whome for
also calumnious what shall wee saie of M. Attorney in this behalfe that presumeth so confidentlie to put such open vntruths in print 4. First then for the former point not onlie many Catholicks in the first eleuen yeares by him prescribed did refuse publikely to come to the Protestants Church but many Puritans also from the verie first entrance of Queen Elizabeth to her Crowne and so is it testified by publike authoritie of diuers books set forth by order and approbation of the Bishops of England themselues these years past against the said Puritans recounting the beginning ofspring and progresse of that Sect and faction one of them wriâ—â—ng thus Vpon the returne of Goodman VVhittingham Gylby with â—he rest of their associates from Geneua to England although it greiued them at the heart that they might not beare as great a â—way heer in their seuerall Consistories as Caluyn did it Geneua c. yet medled not they much in shew with matters of this discipline but rather busied themselues about the apparrell of ministers ceremonies prescribed and in picking of quarrells against the Communion booke c. Thus writeth hee of the first Geneâ—ian English preachers that returned from thence to England after the Queens raigne and that for these quarrels against the Common and Communion-booke they refused to come to the Protestants Church in those daies as much as Catholikes it is euident But yet you shall heare it affirmed plainly and distinctly out of the same Author quite opposite to M. Attorneys asseveration though hee bee of his religion if yet he haue made his choise 5. For the first ten or eleuen yeares of her Maiestyes raigne saith hee through the peeuish frowardnes the outcries exclamations of those that came home from Geneua against the garments prescribed to ministers and other such like matters no man of anie experience is ignorant what great contentioâ— and strife was raised in so much as their Sectaries deuided themselues from their ordinarie coÌ„gregations meeting togeather in priuate howses in woods and fields had and kept there their disorderly and vnlawfull Conuenticles which assemblees notwithstanding the absurdnes of them in a Church reformed M. Cart-wright within a while after tooke vpon him in a sorte to defend c. So hee And thus much for Puritanes whome if M. Attorney will graunt to bee of anie perswasion what soeuer in Christian religion he then must needs graunt also that hee was much oâ—ershott in this his first so generall a Proposition affirming that none of what persuasion soeuer did at anie time refuse within that compasse to goe to Church But lett vs see how wee can ouerthrow the same in like manner concerning Catholickes of whom principally hee meant it 6. Hee that shall but cast backe the eye of his memorie vpon the beginning of Queen Elizabeths raigne and shall consider how many Archbishops Bishops Deans Archdeacons Heads of Colledges Chanons Priests Schollers Religious persons of diuers sortes and sexes Gentle-men Gentle-weomen and others did refufe openly to conforme themselues to that new change of Religion then made and published by authority of the said Queen at the beginning of her raigne will maruaile how and in what sense and whether in iest or earnest sleeping or waking M. Attorney set downe in writing so generall a negatiue assertion For that he shall see so many conuictions therof as there be particular witnesses of credit against him in that behalfe And truly it seemeth that either he was an infant or vnborne at that time and hath vnderstood little of those affaires since or els forgot himself much now in affirming so resolutely a proposition refutable by so infinite testimonyes 7. For if he looke but vpon Doctor Sanders Monarchy in latin in his 7. booke where he handleth the matters that fell out vpon the first change of religion in Queen Elizabeths dayes he shall find 14. Bishops at least of England only besides ten more of Ireland and Scotland togeather with Doctor Fecknam Abbot of VVestminster Father Maurice Chasey and VVilson Priors of the Carthusians 13. Deans of Cathedrall churches 14. Archdeacons 15. heads of Colledges almost 50. Chanons of Cathedrall churches aboue eightscore other Priests wherof diuers were Doctors or Bachlers of diuinity Ciuill and Canon-law depriued from their liuings and offering themselues either to voluntary banishment abroad or to imprisonment and disgrace at home for maintenance of Catholicke religion to omit all the rest of the lay sort both of the Nobility Gentry and others that stood openly to the defence of the same Religion All which did refuse to goe to the Protestant-seruice euen in those first dayes which is testimony inough to conuince the open and notorious falsity of M. Attorneys assertion that no person of what persuasion soeuer in Christian religion did at any time refuse to goe to Church though I deny not but that many other besides these throughout the Realme though otherwise Catholickes in heart as most then were did at that tyme and after as also now either vpon feare or lacke of better instruction or both repaire to Protestant-Churches the case being then not so fully discussed by learned men as after it was whether a man with good conscience may goe to the Church and seruice of a different Religion from his owne which releiueth little M. Attorneys affirmation And so this shall suffice for the first point 8. In the second point being no lesse notoriously vntrue then the first he offereth the said Catholickes much more iniury in affirming that vpon this occasion of the Bul of Pius quintus against Q. Elizabeth they first refused to goe to the Church as not holding her for true and lawfull Queene insinuating therby another consequence also much more false and malicious then this to wit that the same may be said and vnderstood of Recusant Catholickes at this day in respect of his Maiesty that now is But the vntruth of this assertion is most manifest both by that we haue shewed before that great multitudes of Catholickes refused euen from the beginning to goe to Protestant-Churches though then the matter was not much vrged against them as also by this other reason for that their holding the Queene for true or vnlawfull was and is impertinent to the matter of going to Church Nay their holding her for not Queen if any so did did rather disoblige then oblige them to this recusancy 9. The reason heerof is for that one principall cause binding them in conscience not to goe to the seruice of a different or opposite religion to their owne was the precept and commaundement giuen by the said Queene that all should repaire to the said seruice to shew their conformity c. For that the obeying of this precept in matters of religioÌ„ they offering themselues otherwise to goe to any Church for temporall matters was a kind of publike denying their owne faith As for example if in Persia at this day or other
Power and the author therof c. 2. n. 2. Power spirituall and temporall and the different endes therof cap 2. n. 3. 4. deinceps per totum caput Power spirituall of the Church and pastors therof cap. 3. n. 10. Power spirituall more eminent than temporall cap. 2. n. 19. Premunire and the first beginning of that law cap. 12. n. 11. Priuiledges and franquises of Churches and monasteryes procured from the Pope cap. 6. n. 37.38 deinceps Priuiledges of the Abbey of Euesham cap. 6. n. 42. Of the Abbey of S. Albans ibid. n. 43. Priuiledges of Glastenbury-Abbey from Rome cap 6. num 45. Priuiledges of VVestminster procured by K. Edward the Confessor cap. 6. num 47. Priuiledges of Ecclesiasticall men in temporall courtes cap. 7. n. 18. alibi saepissimè Promotion of strangers to Ecclesiasticall dignityes in England cap. 10. num 21. 22. cap. 11. num 36. The inconueniences therof to Englishmen ibidem Protestants doctrine condemned by K. Henry the 8. cap. 15. num 15. Prouisions against bribing at Rome cap. 13. n. 21. Prouisions of Ecclesiasticall liuinges in England made by the Pope c. 12. n. 5. The CoÌ„plaintes therof by Englishmen ibidem The continuance of the same in England cap. ibid. n. 9. AgreemeÌ„t therabout made betweene the Pope and the Kinge cap. ibid. n. 21. Q. Queene Eleanour Mother to K. Richard the first her iorney to Sicily cap. 9. num 29. Her returne by Rome and busines there with the Pope ibid. num â— Her complaintes and petition to Pope Celestinus ibid. num 39.40 41. Queene Elizabeths spirituall authority giuen her by Parlament cap. 3. num 3. 4. The inconueniences and absurdityes that follow therof ibid. n. 4. 5. 6. cap. 4. num 27. Her singularity in that point ibidem num 28. Her supremacy mistiked by Protestants Puritans cap. 4. num 41. 42. 43 44. 45. 46. 47. 48. Causes that moued her first to accept of the Supremacy cap. 15. num 35. 36. Her conferenâ—e vvith Syr Fran. Inglefield ibid. num 37. Item with the Count of Feria the Spanish Embassadour ibid. num â—â— Her protestation about the Real-presence in the Sacrament ibidem n 39. Her ConfereÌ„ce with Mounsieur Lansacke the French Embassadour ibidem num 41. Her owne inclination towards Catholicke Religion ibid num 42. How she vvas drawne to great extremes and cruelty against Catholicks cap. 15. num 43. Queene Mary her raigne cap. 15. n. 3â— Her restoring of Catholicke Religion in England cap. 15. num 31. 32. R. Reasons that shew william the Conrour to haue alwayes acknowledged the Sea of Rome cap. 7. num 8.9.10 deinceps Recourse to Rome presently after Englands Conuersion about Ecclesiasticall affaires cap. 6. num 10,11 12. Recourse to Rome by the Kinges of England and Scotland in their greatest Controuersyes cap. 11. num 44. Recusancy of Puritans and the first cause therof cap. 16. num 5. Recusancy of Catholickes from the beginning of Q. Elizabeth raigne cap. 16. num 7. Reformation of the English Clergy by King Henry the 7. cap. 14. num 15. Reliques sent to King Osway of NorthumberlaÌ„d by Pope Vitalianus c. 6. n. 24. ResignatioÌ„ of inuestitures by K. Henry the first cap. 8. num 14. Restraintes of exercising the Popes Authority in England and how the same vvere first made cap. 2. num 41. cap. 10. num 25. cap. 12. num 35. King Richard the first his raigne c. 9. num 22. 23. deinceps His misfortunes ibid. num 23. His behauiour and oath at his Coronation ibid. num 25. His voiage to Ierusalem ibid. num 26. 27. His kingdome commended to the Popes protection ibid num 27. His mother sent from Rome to Sicily ibid. num 30. His letter to Pope Clement the 3. ibid num 31. His captiuity in Austria ibid. num 38. K. Richard the second his disorders cause therof cap. 21. num 42. His confirmation of Church-libertyes ibid. num 43. His obedience to the Church-Censures ibid num 47. S. Sanctuary graunted by the Pope to S. Iohns Church in London cap. 14. num 9. Denyed by the temporall iudges ibid. num 10. Scruple of Conscience vrged vpon M. Attorney cap. 16. num 14. Sectaryes not any vvay compared to Catholickes vvhy c. 1. n. 13.14 15. Sectaryes their vayne comendation of Truth cap. 1. num 16. Singularity of knovvledge in heretickes cap. 1. num 5. 6. 7 Statute in Parlament for giuing spirituall authority to Q. Elizabeth cap. 3. num â— â—â— â— 19. The absurdityes that therof ensue ibid. num 5. 6. 7. num 19.20 21. 23. 24. Statutes of K. Henry the 3. in fauour of the Church cap. â—0 num 27. Statute of Merton made by K. Henry the 3. cap. 10. num 39. Statute of Bigamy anno 4. Edouardi 1. cap. 11. num 30. Statute of Carliele made in the raigne of King Edward the first c. 11. n. â—9 Statute against Lollards cap. 13 n. 22. 23. Statute for reformation of the Clergy cap. 14. num 15. K. Stephen his raigne ouer England cap. 8. num 25. His oath for the libertyes of the Church ibid. num 27. His inconstancy by euill counsaile ibid. num 28. His violence vsed against Clergy-men ibid. His citation and appearance before the Bishops ibid num 31. Stigand Archbishop of Canterbury deposed cap. 7. num 9. Strangers their promotions to Ecclesiasticall dignityes in England and inconueniences therof cap. 10. num 21. 22. 23. cap. 11. num 36. Remedyes sought therof from the Popes of those tymes ibid. num 38. Supremacy Ecclesiasticall not possibly in a woman cap. 4. num 26. 27. Supremacy assumed first by K. Henry the 8. cap. 15. num 13.14 15. Also by K. Edward the 6 ibid num 26. Item by Q. Elizabeth ibid. num 34.35 36. 37. Suppression of the kinghtes of the temple cap. 11. num 43. Synne of heresy how great and greiuous cap. 16. num 26 27. T Tenantes of the Church priuiledged  A straÌ„ge attempt to impugne Catholicke religion by Catholicke Princes lawes in EnglaÌ„d The importance of M. Attorneys Plea The singularity of M. Attorneyes paradox Ciâ— Tuscul q. 3. M. Attorney chalenged of his promise The Author promiseth all modesty in this answere M. Attorney bound in conscience and honour to enforme a nevv his Maiesty * M. Garnet M. Attorneyes ouerlashing in speech Math. 5. Math. 12 The Diuelâ—s sinnes in â—â—pting Adam M. Garnetts case Hovv things heard in confessioÌ„ may not be vttered by Catholick doctrine A partition not afterward performed M. Garnet an honest man by M. Attorneyes warrant M. Attorneyes wit in making a bloudy law to be a sweet lavv About Equiuocation About the antiquity vniuersality of the Protestant Church A straÌ„ge discourse of M Attorney about his Church * Many all 's A theologicall argumet for the Roman Church Mar. vltimo Iâ—an 14. 10. Mat. 10. 1 Timo. 3.
anno 1245. Ibidem K. Henry obtaineth of the P. to be accompted of ful age Paris in 〈◊〉 Hen. 3. an 122â— The beginning of the great Charter for church priuiledges VValsingh in viâ—a Edvvards primâ—â— initiâ— Eâ—ypodig Nâ—u 〈◊〉 an 1274. The deuout behauiour of K. Henry 3. ConfereÌ„ce betvvene K. Henry aud S. Levves K. of France Paris anno 12â—4 in vst Hen. 3. The vtilities by our English Kinges deuotion to Rome Paris Ibid. The Ciuil vvarrs of England vnder K. Henry the third The points vvherin the soueraignty of the Sea of Rome vvas seene The manner of Ecclesiastical elections vnder K. Henry 3. The manner of placing a Bishop of Durham Paris in vit Henr. 3. an 1226. 1228. An other example of the prouision of the Church of Canterbury Ibidem Richard of Canterbury appealeth to Rome against K. Henry 3. Paris an 1231. in vit Henr. 3. Tvvo elected Archbishops of Canterbury refused by the Pope Paris anno 1232. Hovv obedient K. Henry vvas to the Sea of Rome CoÌ„plaints of English-men against straÌ„gersâ— in England Math. Paris anno 1244. The louing and obedient letter of K. Henry vnto Pope Innocentius CoÌ„plaints made to the Councell and Pope himselfe of abuses Paris anno 1245. The popes seuerall orders for prouiding for Englishmen Generall consent of vvâ—â—ting to the Sea of Rome for remedye of agrieuaÌ„ces Math. Paris Anno. 1146. The beginning originall cause of al restraints Mag. Câ—art cap. 1. The statutes of K. Henry all in fauour of the Clergye 2. H. 3. tit ProhibitioÌ„ 13. 4. H. 3. Ibidem 15. 15. H. 3. tit ProhibitioÌ„ 22. Regist. fol. The explication of the lavv Stat. an 9. 〈◊〉 6. cap. 11. Spirituall coâ—â—tes superior to the teÌ„porall Hovv spirituall Courtes are the Kings courtes M. Attorneys inference hovv it holdeth and holdeth not Diuers examples ouerthrovving M. Attorneys commentarye Paris anno 1â—32 The King obeyed the Bishop of London in restoring Earle Hubert Paris Ibid. K Henry obeyed the B. of London in spirituall matters The Bishops refuse to excommunicate at the Kings appointment Paris anno 1234. S. EdmoÌ„d Archb. of Canterbury threatneth excoÌ„munication to the King if he obey him not Paris anno 1215. pag. 656. K. Henry obeyed the Deane of Paules in spirituall authority The Statute of Merton an 20. Hen. 3. This instance proueth nothing See the Code l. 5. tit 27. log 1. Constant lib. 5. Imper. Ze 1. lib. 10. Imper. Iustin. Nouell constit 89. de natural liberis §. Siquis igitur c. Lib. 4. Decret tit 17. cap. 6. * Cap. CoÌ„questus est * Cap. 13. Per venerabilem Ilidom Cap. 7. Causam quae M. Attorney mistaketh and mis-relateth the matter This King began his raigne an 1272. and raigned 35. yeares vntill 1307. Stovv in vita Edouards prâ—â—â— King Edvvard surnamed Long-shanke Deuotion of K. Edvvard Magna Charta VValsingam in vitae Edvvards p. anno 1191. King Edvvard praied and gaue almes for his Queenes soule Crosses erected VVorkes of piety of King â—dvvard VVestmon in heâ— or maiori in vita Edou primi Vestmonasteriensis anne 1197. A pious patheticall speach of King Edvvard King Edvvardes occasions of dealing in VVales and Scotland VValsingam anno 1292. in vita Edouards King Edvvardes mutabilitie in keeping priuiledges Math. Vestmonast VValsingam anno 1307. Math. Vestmon an 1278. Violent proceeding of K. Edvvard A sleight of K. Edvvard against the Clergie In anno 1294. A Knight sent to force the Monkes of VVestminster to yelde by feare to the Kings vvill In meere spirituall things the King neuer made difficulty to obey the Sea of Rome VValsingam eodem anno Diuers Bishopricks disposed of by Popes vnder K. Edvvard the first King Edvvardes deuotion tovvards the first Pope in Auinion King Edvvard accused the Archb. of Canterbury vnto the Pope VVestmonast eodem anno The great respect borne to the Sea of Rome by King Edvvarde An Embassadge sent by K. Edvvard to excuse himselfe to the Pope Thomas VValsingam in an 1308. The manner of vvriting of K Edvvard and his nobility to P. Bonifacius Math Vestmonaster Thom. Valsing in an 1301. 1302. King Edvvards lavves in preiudice of the Clergy of England Vide 3 Edo 5. â—â— Ass pl. 19. Brooke tit premunire pl. 10. Note this vvas vva â—y the common-lavv of England before any statute made CoÌ„mon-lavv must haue some birth or beginning VVestmonasteriensis an 1197. A cleere ouerthrovv of M. Attorneys assertion In vvhat sense the publishing of a Bul might be punished in K. Edvvards dayes Reportis fol. 15. 31. 〈◊〉 â— tit â—â—com 6. â— instance 15. Edouar tit Quare non admisit 7. Vide 39. Edou 3. 20. Note 1. ansvvere CoÌ„mon-lavves imagined but not extant Anno â— Edouards terâ—â—i stat 2. cap. 2. Seasing of Bishops landes Anno. 14. Edo 3. stat 3. pro Clero Hovv Bishops might be punished for not admitting the Kings iust presentatioÌ„ Supra cap. praeced The Archbishop of Canterbury depriued of his spiritual iurisdiction by Q Elizabeth anno 1580. The statuâ—e of 〈…〉 an 〈…〉 vnderstoode in vvhat senâ— should â—e receiued allouâ—ed hâ—ere Lib. 1. Decretalium Gregorie tit 21. The Decree against Bigamy In 6 Decre alium â—â—â— tit de Bigamis The true state of the case and doubt risen in England A poore commentary and shifte of M. Attorney Hovv M. Attorney straineth the â—ext to helpe himself 4 instance Statutum de anno 25. Edouâ— 1. Carlile vide 20. Edouar 3. tit Essom 24. Nota. The first atteÌ„pte vvas to vsurpe vpon such Ecclesiasticall things as appertayned to the Clergy of England vvho at that tyme stood in great avve of the church of Rome The ansvvere to the fourth Instance of M Attorney IncoÌ„ueniences by promoting strangers in England Diuers agreemeÌ„ts for prouision of Benefices VVest monast anno 1307. Remedy sought from the Pope himselfe VValsing Ibidem See statute anno 25. Edouards 3. The statute of Carleile maketh nothing for M. Attourney This King began his raigne an 1307. and raigned 19. yeres to vvitt vntill 1326. Ancient English vvriters vvhen the end VValsing in 〈◊〉 1307. Stovv in Edouardo p. â—â—â—ine vita The ill successe of King Edvvardes marriage â—n France The suppression of the Knights of the Temple VValsiâ—gam in storia Edâ—uâ—râ— 2. anno 1311. 1â—24 â—oâ—dor Stovv Ibidem Recourse made to the Pope by EnglaÌ„d and Scotland in their greatest controuersies VValsing anno 1319. 1323. The â— of Canterbury made by the Popes prouision The Bishop of Hereford taken froÌ„ the barre by Ecclesiasticall authority The statute of Edvv. 2. articuli â—lâ—â—i cap. 36. Eos the ordinance of circumspecté agatis â—do 1. so this effect â—y this statute of the â— of Ed. 2. and 15. of Edvv. 3. cap. 6. 31. E. 3. cap. 11. and by other statutes heretofore mentioned the iurisdiction of the Ecclesiasticall courtes iâ— allovved vvarranted by consent of Parlament in all cases vvherein they novv haue iurisdiction so as these lavves may be iustly called
controuersy The first proofe The secoÌ„d proofe Fox in his acts and Monuments The third proofe Foxie vita Edonar .4 â—uhar 3. Honrisi 7. The fourth proofe Polidor in vita Hen. 7. The first instance .1 H. 7.20 The ansvvere Hovv the cause of Sanctuary might be handled by temporall Iudges The secoÌ„d Instance 9. E. 4 â— vidâ— Fuz Na. Br. fol. 44. H. agreeing heervvith Note The Ansvvere The third Instance 9 E. 4.28 The ansvvere VVâ—o must iudge vvhether a fellon deserue the benefit of Clergie The 4 Instance 12. E 4. fol. 16. The ansvvere Sâ—a 16. Rich. 2. cap. 5. Hovv the Popes excommunication had place or not place in England vnder K. Ed. the 4. 2. Rich. 3. foâ— 22. VVhy Catholick Kings somtymes prohibited the entrance of the Popes Legates The fifth Instance 1. Henr. 7.10 Stâ—tut de 1. H. 7. c. 4. 10. H. 7. 18. 11. H. 7. 12 The Ansvvere To the first point To the secoÌ„d point The great authority of English Prelates To the thirde point Hovv a King is persona mixta Supraâ— cap. 4. Supra cap. 2. To the fourth point Bastardy a lett to priesthoode * Dist. 56. cap. 1. c. 1. vlâ— de filijs presby 6. Decret tit 11. cap. 1. Supra â— 2. VVho can dispense vvith plurality of benefices K. Henry the 7 dyed and liued in the religion of all his ancestours The causes of alteratioÌ„ in the time of K. Henry the 8. Supra 6. 2. 3. K. Henry the 8. raigned from the yere 1509. to 1546. to vvit 3â— yeares K. Henries booke against Luther anno Domini 1521. Henr. 8. in defens Sacram contr Mart. Luther Henr. ibid. K. Henryes argument of antiquity and consent of the Popes supremacy K. Henries argument of impossibility 1. Cor. 13. K. Henryes innectiue against the incoÌ„stancy of Luther An. 1527. Good offices of K. Henry coÌ„tinued to the Pope after the vvriting of his booke By vvhat degrees K. Henry fell to breach vvith the Sea of Rome The first breach with Rome Reports fol. 28. Stat. de 2â— H. 8. All committed to the body of the English Clergy All committed to the Archb. of Canterbury K. Henry subiected himselfe to the Archb of Canterbury The gradation vsed by K. Henry is assuning the supremacy A confideration of importance Caluin coÌ„ment in cap. 6. Amos K. Henry as supreme head condemned the ProtestaÌ„ts religion for heresy See statut an 31. H. â— cap. 14. VVith vvhat mature deliberation K. Henry as head of the church condemned the ProtestaÌ„ts An. 1540. An. 1546. The headship of K. Henry fitteth not M. Attorney A doubte moued by M. Attorney and slâ—nderly ansvvered Reportes fol. 32. This appeareth by the resolution of all the Iudges in 7. H. â— lib. Keylvv â—o 18. And this vvas longe before any â—ct of 〈◊〉 vvas made against forraâ—ne Iurisdiction â—â— K. Henry 8. Ecclesiasticall lavves made subiect to euery particular mans calumniation A great vntruth that Clerkes vvere not exempted from temporall Iudges VVestmon 1. cap. 2. an 3. Ed. â— Tvvo instances against M. Attorney vnder K. Edvvard the first Statut. de bigamis cap. 5. an 4. Ed. 1. Articuli Cleri cap. 15. an 9. Ed. â— 18. Ed. 3. pro Cler. cap. 2. 25. F. 3. pro Clero cap. 4. 5. 4. H. 4. cap 2. Harpâ—sâ—l ex Arâ—hâ—â—â— Cantuar. saeâ—ul â—5 cap. 9. in vita Thomae Arundellij Gaston chief Iustice refuted to sit in iudgement vpoÌ„ an Archbishop Paris an 1234. sub Henr. 3. Clerkes deliuered from secular Iudges in King Henry the third his time Idem An. 1239. VValsing in vita Edouardi tertij an 1344. King Edvvard the sixt raigned six yeares froÌ„ 1547. vnto 1553. See statut an 1. 2. Edouardi sexts Supra Cap. 3. Spirituall iurisdictioÌ„ could not be deriued from the child-king Galat. 4. An euâ—sioÌ„ refuted Different origens of teÌ„porall and spirituall anthority * See Supra cap. 2. 3. a Stat. 1. Ed. 6. cap. 1. b Stat. 2 3. Ed. 6 5. 6. cap. 1. c Stat. 1. Ed 6. cap. 11 12. d Stâ—t 2. 3. Ed. 6. cap 23. e â—tat 7. Ed 6. cap. 2. Queene Mary raigned six yeares from 1553. to 15â—â— Queene Mary restored all to the ancient vse againe Thomas Cranmer the first hereticall Archb. of Canterbury Q. Elizab. raigned 45. yeres from 1558. vnto 1603. VVhat moued Q. Elizabeth to make a nevv change Pope Clement 7. Pauluâ— â— Crafty dealing to moue the Queene to accept of the supremacy Adulatory speeches for imbarking the Queene The speach of Lady Eliâ—â—â— vviâ—◠〈◊〉 of Q. Maries 〈◊〉 CouÌ„sellours * Syr â— anâ—â—â—ngleseâ—d The Duke of Ferâ—â— his letter to bee seen in the K. of Spaine◠〈…〉 Aâ—â—hiuiuÌ„ â—â—â—hetovâ—nâ— of Cimanâ—aâ— Doct. Harding in his epistle to the Queene an 1565. An other protestation of Q. Elizabeth about the Reall presence Q. Elizab. confereÌ„ce vvith MoÌ„sieur Lansack * To the old L. MoÌ„tâ—gue The Earle of Southampton and others Q. Elizab. ovvne inclination tovvards Catholick religion D. Harding vbi supra Q. Elizab. dravvne to great extremityes against her Catholicke people M. Attorneyes iniurious conclusioÌ„â— A false â—harge of â—he Attorney See the booke of Dangerous Positions l. 2. c. 2. imprinted at London an 1191. Ibid. l. 3. a. 1. The first recusancy of Puritanes Hoâ— many Catholicks vvere Recusants from the beginning See the booke intituled ReasoÌ„s of Refusall Consider vvell this reason Reportes â—ol 37. False and Iniurious calumniations fol. 3â— Manifest slaunderous vntruthes fol. 39. The protestations M. Campian Shervvyn and others at theire deathes M. Attorneys Idaea Platâ—nica of ancient CoÌ„mon-lavves A scruple â—f conâ—â—ieÌ„ce vrâ—â—d vpon â— Attorâ—ey Vntrue informations of M. Attorney vnto his Maiesty August in Enchiridio c. 67. 68. 69. Lib. de fide operibus c. 14. 15. 16. Lib. 21. de Ciuit. Deâ— c. 21. in psal 80. alibi Supra in Praefat. False causes deuised of Catholicks constancy Only conscience stayeth Catholicks from follovving M. Attorneys current Luc. 12. Rom. 2. Eusâ—b l. 1. c. 11. histo Eccles. The iudgment of Constantius touching such as dissembled in religion Some points of consideration * The booke of three coÌ„uersions An important deliberation Rom. 2. No substaÌ„tiall reason can be alleadged vvhy vve should rather be of one religion then of an other The definition of heretickes No grouÌ„d or stay in sects or nevv opinions * August contra Epistolam FuÌ„dom capâ— 4. Cyrill Caâ—ech 1â— Hovve great and grieuous the sinne of heresye is â— Thom. â—2 q. 10. â—â— 6. Tit. 4. In the beginning of both the Examens of Fox his Calendar D. Thom. 22. quast 5. art 3. A similitude to be vveighed and considered Athanas. in Symbolâ— August lib. â—â—â—â—â—esi u◠〈◊〉 Quod. 〈◊〉 Deum â— seuere â—â—ntence 〈◊〉 Augustine aâ—â—â—lt the 〈◊〉 heresies that â—ay be The perils that arise by the insolency of some priuate men Men brought into despaire forget all reason and duty The exulâ—â—ration 〈◊〉 M. Attorneys booke A proâ—â—ise not â—â—â—formaâ—le 3. Reguâ— 12. Isa. 13. The dauÌ„ger and damage of dispersoâ— The finall Conclusion of the vvhole
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
in England for that he was Chauncellour also of the Realme he should goe about to vndoe that couenant of temporall subiection which King Iohn had made to the Church of Rome and his sonne King Henry hitherto continued But howsoeuer this was he was not admitted but the Couent of Canterbury was commaunded by the Pope to choose an other which they did the next yeare after choosing the Prior of their owne Couent named Iohn whom the King accepting he was sent to Rome with recommendation of both their letters at the same time the King sent also to Rome saith our Author a young knight named Robert Thynne of the North-countrey that had fallen into the Popes excommunication for a certaine excesse of his to the end that he might be absolued Deprecans obnixè vt militem illius intuitu exaudiret Desiring the Pope most earnestly that for his sake he would graunt the knight pardon and absolution in the thing he came for 19. And albeit we may presume that the Pope absolued the same knight at the Kings request yet did he not admit for Archbishop the elected Prior but esteeming him to be ouer aged commaunded the Prior and Couent of Canterbury to choose a third which was S. Edmund of Abingdon canonized afterward by Pope Innocentius the 4. And at the same time he wrote very sharpe letters vnto the King of England reprehending him for suffering certaine violent excesses to be committed against Clergie-men Non habens respectum ad sacramenta quae iurauerat tempore Coronationis suae de pace Ecclesiae mantenenda c. As not hauing regard of the oath which he did sweare in the tyme of his coronation to maintaine the peace of the Church Mandans Regi firmiter praecipiens sub paena excommunicationis c. Commaunding the King vnder paine of excommunication to cause due 〈◊〉 tion to be made of the fact and to send to Rome those that should be found culpable therin to be absolued by himself To which commaundement the King obayed most promptly and sent to Rome among others the young knight before mentioned with diuers of his seruaunts which well proueth the opinion he had of the Popes authority how farr he acknowledged the same And many hundred other such like examples might I alleadge out of the life and large raigne of K. Henry if it were not ouer tedious for that this course did he hold all his dayes 20. And albeit there began to be in his dayes more then before very great repining in the people nobility and Clergy first against all strangers in generall for that the King was most ruled for many years by Pictauians or men borne in his Countryes of Poytoù beyond the seas the principall wherof was one Peter Bishop of VVinchester who did patronize the rest then in particular also against Italians that were preferred to Ecclesiasticall liuings in England by the Popes of those times more then before had byn accustomed who perhaps might presume the moâ—â— therin also in respect of the temporall acknowledgement of the Kingdome before mentioned that the said complaints grew to be so great and generall as the King was sore pressed therewith and for remedy therof forced at length to dismisse and put away his said Pictauians yet in the other point of Italians Romaines he could neuer be induced to doe more but to represent only by way of supplication to the Popes themselues the hurtes and inconueniences that did ensue therof that they themselues might put conuenient remedy 21. And therefore first of all vpon the yeare 1244. which was the 28. of his raigne he wrote a letter to Pope Innocentius the 4. in these words Sanctissimâ— in Christo Paetri ac Domino Innocentia Dâ—â— gratia Summo Pontifici Henricus eadem gratia salutem pedum 〈…〉 beatorum and then he beginneth his leâ—ter thus Quo amplius c. By how much the more an obedient sonne doth submit himself vnto his Fathers will and more promptly and deuontly 〈◊〉 subiect himself to his commaundements the more doth he deserue to haue his fatherly protection as the reward of his obedience and deuotion Hence it is that albeit at all tymes 〈◊〉 our raigne we haue exposed our selues and our Kingdome in all things to the will of your Fatherhood and ther we haue in most busines of ours found your fatherly solicitude and grace towards vs yet in some prouisions of yours made to Clergie-men both English and strangers we find our selues and our Kingdome not a little aggreiued c. Wherefore we doe supplicate vnto your Fatherhood that you will defend with Fatherly care and solicitude all our rights and libertyes which you may repute to be not so much ours as yours and that you will cause them to be preserued in your Court against the suggestioÌ„s of whomsoeuer And your Holines must not be moued if we haue gone against some of your orders and commaundements in this behalfe for that the clamour of such as thought themselues aggreiued haue compelled vs therevnto and we may not deny any man right for so much as by the office of Kingly dignity giuen vs by God we are bound in ciuill matters to administer full iustice to all 22. Thus wrote K. Henry vpon the foresaid yeare vnto Pope Innocentius the 4. and the next yeare after which was 1245. there being held a generall Councell at Lions as before hath byn said the King and Realme tooke this resolution to send certaine procurators thither to coÌ„plaine of the said greiuances hurtes which the Realme receiued by so many strangers placed in benefices throughout England who had neither language to preach and teach nor mynd or meane to keep hospitality for the poore and that the naturall subiects of the land were heerby depriued of that preferment the patrons of benefices debarred of their right to nominate present incumbents by the Popes prouisions made in Rome or of his Legats in England which complaints seeming reasonable were fauourably receiued in the said Councell as may appeare by diuers rescripts of the said Pope InnoceÌ„tius to the Archbishops and Bishops of England about prouiding the benefices vnder their charge with fit English men Vniuersitatem vestram monemus rogamus hortamur c. We doe warne beseech exhorte the whole body of your Realme and doe commaund you by these our Apostolicall letters that you haue great care of all the youthes of your Cittyes and Diocesses that are Clergie men or desire to be especially gentle-men and noble-mens sonnes whom we desire to promote c. And againe in another Breue to the said Archbishops and Bishops VVe doe exhorte commaund you to bestow the Ecclesiasticall benefices belonging to your collation when they shall fall void vpon fit men of your nation c. And yet further in a third Breue Volentos iura vestra illaefa serâ—ari c. We desiring that your right for
the 42. yeare of his raigne by a particular Statute And finally vpon the 50. yeare which was the last before he died he made another Statute intituled thus â—he libertyes of the Church confirmed So as all the former restraints were pretended for particular cases only mixt with temporaltyes and for remedy of some excesses and inconueniences without detraction of any thinge from the acknowledged supreme power of the Pope and Sea Apostolicke in meere spirituall matters 41. And how far then is all this that is alleadged here by M. Attorney from prouing that K. Edward the 3. did hold himself for supreme head of the Church euen in spirituall and Ecclesiasticall matters Or that his restraints before made in the cases set downe might bee a president or warrant either de facto or de iure to Q. Elizabeth to K. Henrie the 8. or K. Edward that followed him to denie wholy the Popes authoritie and take it to themselues And so much of this K. Edward the 3. whose religion iudgmeÌ„t though it were euer Catholicke as hath been said yet was his life and actions manie times disordinate and violent as of a souldiar warrier and this not onlie against the liberties of the Church but against the precepts of good life and gouernmeÌ„t also The first appeareth by a longe reprehension written vnto him with threatning likewise of excommunication from Iohn Stratford Archbishop of Canterburie vpon the yeare 1340. wherin he doth sett downe the manie greiuances which he did laie vpon the Church vniustlie And for the second it maie bee vnderstood as wel by the same narration of the foresaid Archbishop wherin he said to the king admonishing him of his fathers miserable end Ferè corda populo terra amisistis You haue almost lost the hearts of all the people of the land As also the same is euideÌ„t by the generall testimonie of our historiographers who make the later parte of his raigne to haue been very much disordered thereby also vnfortunate miserable as maie appeer by these words of VValsingham who hauing much commended other graces in him saith Luxus tameÌ„ motus suae carnis lubricos etiam in aetate senili non cohibuit c. he did not euen in his old age restraine the luxurious and fraile motioÌ„s of his owne flesh being much allured hereunto as is said by the incitation of a certaine dishonest woman named Alice Pierce that was with him vnto the end of his life and was cause of hastening the same And it is greatlie to bee noted as in the former parte of his raigne all things went prosperously with him so towards the later end in his old age through the demerit of his synnes all fell out contrarie c. OF KING RICHARD THE SECOND The tweluth King after the Conquest § I. 42. Next after the death of K. Edward succeded his Nephew K. Richard the 2. for 22. years sonne of Prince Edward surnamed the Black Prince who died not long before his father The child was but an eleuen yeares old when he tooke the Crowne and of verie great expectation but that youth wealth and commaundrie in that age with adulation and peruerse counsaile of licencious people that are wont to accompanie that state and condition of Princes drew him aside to his owne pittifull ruine in the end and would God in his life conuersation gouernment he had as well held the stepps and wisedome of his auncestors as he did in the outward maintenance of their religion and obedieÌ„ce towards the Sea Apostolicke for that probably it would haue preserued him froÌ„ the miseries whereunto hee fell though it bee true also that dissolution of life doth commonlie bring with it conteÌ„pt or neglect or lesse estimation of religion whervnto this man and some that were about him had the more occasion giuen them by the prophane and wicked doctrine of VViâ—kâ—liffe his fellows that preuailed much in these daies and brought many of the Common people to such fury contempt of all religion as their strange tumults and raging rebellions vnder their Captaines wat Tyler Iack Straw and other like vnruly rulers doe well declare 43. But yet the externall face of religion and practice therof receiued and established from the times of all former Kings was continued also by him in particular it is to be noted that no one King did euer more often confirme and ratifie the liberties of the Church then he which is as much to say as to establish the opposite negatiue proposition against M. Attorney professing heerby that he had not supreme authority in causes Ecclesiasticall for so much as the libertyes of the English Church did expressly consist in this that Church-men and Church-matters and all spirituall and ecclesiasticall affaires were a distinct gouernment from the temporall and subordinate only among themselues the one degree to the other and all mediately to the Sea Apostolicke and Bishops therof 44. For proofe then of this that King Richard did confirme and maintaine all the dayes of his raigne these libertyes franquises and priuiledges of the Church and of Clergy-men appeareth by his owne Statutes As for example by the first Statute made in his first yeare with this title A confirmation of the libertyes of the Church and the second Statute made in his second yeare hath the same title and subiect as also hath the first Statute of his third yeare and first of his 5. and first of his 6. and first of his seauenth yeare And so in like manner shall we find the very first Statutes of his 12. and 21. years to containe the same confirmation 45. And if I should stand vpon the enumeration of particular examples of the practice of these libertyes in Clergy-men of those dayes it would be ouerlonge as namely how all Bishops Archbishops Abbots and other Prelates elected according to the agreement before taken repaired to the Bishop of Rome for their confirmations and could not exercise any parte of their offices vntill they had the same And albeit according to the former decrees of the 25. and 27. yeares of K. Edward the 3. confirmed also in the 13. and 16. yeares of the raigne of this King reseruations of benefices or prouisions immediately from the Court of Rome were not admitted which little importeth our controuersie with M. Attorney yet this which includeth the maine ground substantiall fouÌ„dation of all acknowledgement of supreme spirituall power remained still vntouched to wit that no Bishop Archbishop or other Prelate by whomsoeuer he was presented chosen or nominated could or can at this day haue spirituall iurisdiction but either mediaté or immediatè from the Pastor of the Sea Apostolicke And this point did K. Richard maintaine and defend all dayes of his life which is the principal point as hath byn said of acknowledging the soueraigne authority of the Sea Apostolicke in spirituall affaires for that other things are but dependance of this as
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