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
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
exercised in her dayes if the statute of the first Parlament had not giuen the same vnto her which had as good authority to giue it her as she to vse the same according to that which you haue seene declared in the former Chapters whereunto we referre our selues for the proofes laid downe The tenth Demonstration 85. And now to drawe to an end and to ioyne issue with M. Attorney in more plaine wordes and assertion my tenth and last demonstration shall be out of two of the most noble wise and famous Kings of our land and Monarches of the same before the Conquest Alfred to wit and Edgar who doe expresly sett downe the contrary proposition to that of M. Attorney about spirituall iurisdiction belonging to Kings and temporall Princes so as where the former demonstrations are but deductions and inferrences though clere and euident as you haue seene this last is a plaine and perspicuous asseueration of two such renowned Kings as were most eminent for wisdome learning religion and valour of all the ranke of those tymes Of King Alfred is recorded this speach of his Germanam genuinam esse Regis dignitatem dictitare solebat si in Regne Christi quae est Ecclesia se non Regem sed ciuem agnosceret si non supra sacerdotum leges se elatè efferres sed legibus Christi per sacerdotes promulgatis submisso se atque humili animo subderet He was wont to say that the true and proper dignity of a King consisted principally in this that in the Kingdome of Christ which is his Church he bare himself not as a King but as a citizen and that he should not arrogantly lift vp himself abouâ— the lawes of Priests but rather with a lowly and humble minde subiect himself to the lawes of Christ promulgated by Priests So he 86. But now touching King Edgar about a hundred yeares after him of whome Florentius Marianus and others doe write these wordes That he was the Monarch of the English world the flower ornament of all his predecessours the peaceable King no lesse memorable to English-men then Romulus to the Romanes Tyrus to the Persians Alexander to the Macedonians Arsaces to the Parthians and Charles the great vnto the French Of this man I say we haue extant a certaine oration of his made in the third yeare of his raigne vnto the Bishops of his land gathered togeather for reformation of the Clergie wherof S. Dunstane Archbishop of Canterbury was the chief and with him was S. Ethelwâ—ld B. of VVincester His oration is somewhat long and beginneth thus Quoniam magnificauit Dominus misericordiam suam facere nobiscum dignum est Patres Reuerendissimi vt innumeris illius beneficijs dignis responde amus operibus Neque enim in gladio nostro c. 87. For so much as our Lord hath exalted his mercy towardes vs it is conuenient most Reuerend Fathers that we endeauour to answere his innumerable benefitts with dew workes on our behalfe for that as the prophet saith we doe not possesse this land by our owne sword nor shall the strength of our arme saue vs but the right hand and holy arme of him that hath vouchsafed to take vs to his fauour And therfore it is iust and right that for so much as he hath subiected all vnder our feete that we subiect our soules vnto him in such sort as that we endeauour to bring them that he hath put vnder vs to be subiect also vnto his lawes and as for me my part is to gouerne lay men by the law of equity to doe iust iudgement betweene euery man and his neighbour to punishe sacrilegious men to represse rebells to take the poore man out of the hand of his stronger and deliuer the needy and impotent from such as oppresse and spoile them It belongeth also to my solicitude to prouide necessaries for Ministers of Gods Churches couents of Monkes cloysters of virgins to procure them peace and quietnes to serue Godâ— But vnto you it apperteyneth to make inquiry examination of their manners if they liue continently if they behaue themselues decently and with edification towards them that be in the world if they be solicitous in seruing God vigilant in teaching the people sober in diet moderate in habit and the like So he 88. And then after a long complaint of many disorders in those dayes crept into diuers of the Clergie the good zealous King hath these words These scandalous things are proclaimed euery where by souldiers muttered by the people sung by players and will you reuerend Fathers neglect dissemble spare them that so offend where is the sword of Leui where the zeale of Simeon where is the spirit of Moyses where the sword of Phinees the Priest Yea where is the spirit and feruour of S. Peter wherby he so dreadfully punished both auarice and heresie follow him follow him ô you Priests tempus faciendi contra eos qui dissipauerunt legem Dei it is high tyme to punish those that haue dissipated the law of God by their euill life Ego Constantini vos Petri gladium habetis in membus iungamus dexteras gladium gladio copulemus I haue the sword of Constantine you the sword of S. Peter in your hands let vs ioyne our forces and couple sword to sword vt eijciantur extra castra leprosi that leaprous and infectious people be cast out of the tents of God c. Thus this noble pious K. pronouÌ„ced in the presence of his Prelates and people with much more which for breuity I doe omitt 89. And now M. Attorney will see heere what accompt these two auncient Kings made of these two powers and swordes spirituall and temporall and of their distinction and subordination the one to the other And it seemeth that this speach of King Edgar was so memorable and famous to all his posterity that VVilliam Conquerour also did imitate the very same when in certaine lawes of his ordeyning that such lay men as were disobedient to the Bishops sentence should be punished by his temporall officers he vseth this phrase of Edgar saying Rex constringit malefactorem vt emendet primùm Episcopo deinde Regi sic erunt ibi duo gladij gladius gladium iâ—uabit The King shall compell the malefactor to make amends first to the Bishop and then to the King and so shall there be two swordes and the one sword shall assist the other Where we see that he did subordinate his owne sword to that of the Bishops and Ecclesiasticall power of the Church And the self same manner of speach and forme of beliefe as common to the whole world did Queene Eleanor wife to King 〈◊〉 the second vse in her epistle to Celestâ—nus the Pope when she â—â— treated him to excommunicate the Emperour and Duke of â—â—stria for deteining her sonne K. Richard the first prisoner which letter was written by Petrus Blesensis
other place De torrente in via bibit propterea exaltauit caput and infinite other throughout all the nevv and old testament spoken literallie of Christ and yet by allusion applied to good men as the ancient Fathers doe testifie in their vvorkes applying to the members oftentimes that vvhich belongeth principallie to the head so as herein M. Attorneyes haires needed not to stand vpon end nor trouble themselues or their maister neither vvas it nedefull that M. Attorney should praie for M Garnet to repent himself of this blasphemie vvhich vvas none at all before he dyed God graunt Syr Edward Cooke be in state to make so cleere and easy an accompt at his departure from this vvorld as the other vvas vvhich hardlie maie be hoped considering their great difference of life functions except God vvorke a miracle or that solifidian iustification doe enter for smoothing of all vvhich maketh all men equall and equallie saincts 42. But to dravve to an end one of your last triumphant speeches touching all Iesuits vvas that they vvere Doctors of foure different doctrines the one of dissimulation the second of deposing Princes the third of disposing of Kingdomes the last of deterring Princes with feare of excommunications and of all foure you discoursed vvith great resolution and peremptorie determination vvel assuring your self that none in that place should haue meanes to ansvvere you though there vvanted not manie vvho out of their discretions did note vvhere and hovv you might haue byn ansvvered vvith no small aduantage as perhaps you may be hereafter more at large vpon some other occasion 43. Novv onlie I thought good to put you in mind that these and other your discourses founded commonlie vpon diuisions and little concerning the prisoner or matter in hand vvere noted and borne avvaie and this among the rest vvas obserued that you vvere more fertile in setting dovvne diuisions then fruitfull aftervvard in prosecuting the same yet in the last parte of this four-fold partition about terrifying Princes with excommunications you flovving novv vvith full sea tovvardes the end of your accusations men saie that you insulted greatlie ouer Catholicke religion brought forth a booke of your ovvne compyling to vvit your Reportes pretending to shevv out of the same that our English Kings in former ages were nothing afrighted with the idle menaces of Papall excommunications that one was condemned of high treason for bringing in a Bull against a subiect without the Kings licence that the King was neuer reputed subiect to any Pope in Ecclesiasticall matters but that himself was absolute how the Popes Legates were often times stayed at Calles vntill the King had giuen them licence to come into England vvith manie other such points partlie true partlie false partlie impertinent to the matter partlie prouing de facto and not de iure partlie misalleadged partly miscōstred but altogeather misapplyed to the disgrace of that religion for vvhose seruice al your lavves in those times ages vvere instituted and honoured yet you protested in that vaunting vaine of yours that you were exceeding glad to see your moderne religion in this point so agreable to the ancient lawes of the Realme which lawes quoth you if they were exactly looked into would restraine our Romish Catholickes for growing any further as you hoped they would be 44. But Sir hovv little ground of truth or substance all this hath in it hovv contrary effectes the devv cōsideration of our English lavves may must needes vvorke in the mindes of al discreet men tovvardes the setling of a stable iudgement and firme persuasion in fauour of Catholicke religion in that the said lavves proceeded al from Catholicke Princes though alvvaies I except such as doe frame their iudgement to the current of the present time doe subordinate their vnderstanding to their vvealth and honours this I saie shal aftervvardes be so euidentlie declared in this Answere of ours throughout the vvhole booke as no mā I suppose vvith any indifferēcy or probability of reasō shal be able to deny or cōtradict the same 45. And in particular the Reader shall see refuted the seuerall members by you heere set dovvne as namelie hovv great and harty reuerence and respect our Catholicke Kings did euer beare vnto Ecclesiasticall Censures not onlie of the Pope as supreme but of their ovvne home-Bishopps also and that no King in all that ranke for almost a thousand yeares did euer hold himself absolute in Ecclesiasticall povver vntill King Henry the eight and that it cannot be true vvhich heere elsvvhere you so much bragg of bring forth vpon euery occasion as the archer that had but one arrovv in his quiuer that vvould fly hovv that in the raigne of King Edward the first it was treason by the common-law for a subiect to bring in and publish a Bull from Rome against a subiect without the Kings licence vvhich is your first obiection in that Kings life and ansvvered by me after in the eleuenth Chapter of this booke 46. And as for the obiection of the Popes Legats or Nuntij detained somtimes by the Kings order at Calles from entering the Realme vntill some difference betvvene Popes and Kings vvere accorded though it be so vveake a thing as deserueth no ansvvere yet haue I ansvvered the same vpon diuers occasions and shevved amongst other that by this argument if it vvere good King Philip and Queene Mary might be said not to haue acknovvledged the Pope his spirituall authoritie for that they deteined in Calles the messenger of Paulus Quartus vvhen he brought the Cardinalls hat and Legacy of England for Friar Peto in preiudice of Cardinall Poole vvhich the said Princes vvould not suffer to be put in execution vntill they had better informed the said Pope vpon vvhich information their intercession the controuersie ceased 47. Much other matter I doe vvillinglie pretermit M. Attorney vvhich you vttered that daie in contempt derogation of that religion vvherby all your progenitors yea all the Peeres and Princes of our Realme in precedent ages thought themselues both happie and honourable and if they had imagined that in future times an Attorney vvould haue stept vp to raile and reuile that religion calling it rotten and contemptible them all blind and deceaued people vvhat an opinion thinke you vvould they haue fore-stallen of you and hovv base and odious a conceit vvould they haue preconceaued against you especiallie if they had seene you as others did that stood neere so caried avvaie vvith hereticall humour as to vvander and range and runne from your matter in your pleading to seeke occasion of insolent tauntes against them in such sort as your vvhole subiect by your ovvne confession being of treason the most of your inuectiue speach vvas against their religion 48. For vvhich cause I thought my self bound to saie somevvhat in this behalfe principallie to that vvhich is proper to the argument of your late booke of Reportes heere
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
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
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
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
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
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
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
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
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
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
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
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
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
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
doore or entrance to the Clergie by lawfull vocation and ordination is so necessarie as if it be not obserued all would grow to confusion and no man could know who hath spirituall iurisdiction ouer soules and who hath not And further he confesseth that albeit be appoint but two generall Sacraments for all sortes of people Baptisme to witt and the Lords supper yet he graunteth this Ordination of Church-ministers to be a true Sacrament also and to haue promise of grace annexed vnto it as other Sacraments haue but that it strecheth not so far as the other two doe but is particular for ministers and Clergie-men onlie 15. But then if we presse him how he and his came in by this doore he and they haue no other shift but to say that their first maisters and teachers entred in by this ordinarie vocation and ordination of our Bishops for others there were none at that time to call or ordayne them from whom afterward they disioyned themselues in doctrine to ioyne with the Apostles And this is the leap they make from our age to the Apostles time 16. But suppose they could say this of their first teachers that they had their ordination and consequentlie also their vocation and spirituall iurisdiction from our Bishops yet afterward when they fell to different doctrine and for that cause were cut of by excommunication from them and especiallie now when the said first teachers are dead and gone they can haue no other assurance of their vocation of ministerie then from the people of their owne sect in their Presbyteries as before hath byn said which how much it is or whether it may be any thing at all shall afterward be discussed 17. Now it shall be sufficient onlie for the argument of this Preface concerning the weight and importance of this Controuersie we haue with M. Attorney about spirituall iurisdiction that we consider and beare in mind the different origen from which ech partie of the foresaid three professors of Religion doe pretend to deriue their right and interest to the said spirituall iurisdiction which they exercise And what side soeuer erreth therin erreth also in the maine marke of their saluation and doth draw both themselues and their followers to euerlasting perdition And furthermore that the difference contrariety in this point is much more between Puritanes and Protestants then between them both and Catholickes For that they both doe graunt and cannot denie but that the deduction of spirituall iurisdiction in our Catholike Prelates hath come downe line-allie and successiuelie by ordination and imposition of â—ands the one of the other from the Apostles time though declined as they saie in doctrine But we on the contrary side doe inferre the suretie of our doctrine by the certaintie of this succession of Priestlie power and spirituall iurisdiction For that whersoeuer this is trulie to be found which cannot be but in the true Church there also hath Christ assured vs that by his omnipotent power and presence the puritie and certaintie of doctrine shall euer in like manner be infallibly conserued 18. But to the Protestant the Puritane doth not yeeld thus much by manie degrees and much lesse the Protestant to the Puritane For they doe not graunt the one to the other that they haue true ordination of Priests and ministers among them as to vs they doe in sâ—gne wherof if anie Priest of ours doe fall to their sideâ— they giue him no new orders but thinke him sufficientlie ordayned by vs to minister in their Church which the Protestant doth not admit in Puritane ministers but that they must be ordered againe by their Bishops as hauing no Orders before nor yet the Puritanes with the Protestant-ministers when they turne vnto them but doe appoint that he renounce his former Orders in their Congregation or Presbyterie and by new imposition of hands of the said Presbiterie he be ordayned a new minister in that profession so as by opinion and estimation of the Protestant-religion the Puritane-ministers are meere laie-men taking vpon them spirituall iurisdiction ouer soules without any lawfull authoritie or commission at al and consequentlie haue no power to preach or teach or administer Sacraments and much lesse haue they that high and excellent iudiciall authoritie to binde or loose sinnes And that which followeth also of this that they haue no Sacraments at all no Clergie no ministerie no sacred or diuine thinge but are onlie a lay companie of men and women ioyned togeather in a certaine worldlie secular society as Fish-mongers Iron-mongers Drapes and other like companies in London And the same opinion haue they of the Protestants and of their Church 19. And by this you may see how farre they differ in substance of religion though somtimes for fashion-sake they call themselues Brethren more indeed then both of them from vs as before hath byn said which proceedeth from this mayne ground Principle to wit from whence ech part draweth their Ecclesiastical Power Spiritual IurisdictioÌ„ ouer soules for that this being once found out all the rest is easie and cleere for so much as this true spirituall authoritie can be but in one partie and in one Church onlie which is the true and wheresoeuer it is found there is assurance also of all truth Christ hauing promised vs that this Church and the true Pastors thereof shall not deceiue vs nor be deceiued And therefore that we may boldlie and confidenlie heare their voice and doe that which they bid vs though otherwise in life and manners they should be as bad as Scribes and Pharises 20. And on the other side where this true authoritie and lawfull iurisdiction is not there we must not beleeue though they speake neuer so faire for that we are fore-told and fore-taught that they are but wolues in sheeps apparrel false prophets to deceiue theeues and murderers to kill and destroie other such fore-warnings left vnto vs by Christ and his Apostles All which ought to make vs vigilant attent diligent curious to vnderstand really the truth about Spirituall Iurisdiction which in the ensuing Treatise is handled so far forth as M. Attorney hath giuen occasion though nothing so largely as the thing it selfe might be discussed but yet sufficientlie for euerie discreet man to see the grounds and with that modestie also I hope as may iustlie offend no man And so I shall now passe on to ioyne with M. Attorney more neerly in the maine battaile if first by the way as it were of skirmish we shall answere somewhat in like manner to his Preface wherin diuers points are not vnworthy of consideration THE ANSWERE TO THE PREFACE of Syr Edward Cooke THE KINGES ATTORNEY About Error Ignorance and Truth and vvay to try the same CHAP. I. BEfore I come to discusse the Preface it self which I purpose to sett downe wholy as it lyeth in the Author it shall not be amisse perhaps Gentle Reader to speake a
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
to a Colledge to visit the same for certaine defects with particular order how to proceed and punish the said offences though in many things he haue greater Authoritie by his extraordinarie commission then is the ordinarie of the President and fellows and other ordinarie officers yet cannot hee either tacitè or à fortiore by vertue of this Maximè take vnto him all the power and manner of proceeding which the said President and fellowes haue by their ordinarie Authoritie of Statutes in admitting and reiecting schollers giuing and changing offices setting and letting of lands and the like except it be epresslie in his Commission Noe not in punishments neither concerning those defects which he hath to visit may he exceed his prescript order they being things as I say stricti Iuris which both law reason and conscience doe forbid to be enlarged beyond his commission And so doth M. Attorney seeme to graunt that it should be so in any iudgement giuen by Commissioners of Oyer and Terminer or other Commissioners or Iudges of the common law insinuating belike that the Canon or Ecclesiasticall law now vsed in England is abritrary to be applied as they please that sit in Authoritie 10. And this seemeth greatlie to be confirmed by another Resolution of his Iudges made to another argument of Caudery wherein his Counsell vrged for him that according to the commission sentence should haue been giuen against him by three at least of the Commissioners ioyntlie concurring which was not obserued but giuen onlie by the Bishop though he pretendeth that it was also by the consent of some of his Colleage It was resolued saith M. Attorney by the whole Courte that the sentence giuen by the Bishop with Consent of his Colleags was such as the Iudges of the Common Law ought to allow to be giuen according to the Ecclesiasticall laws Consider I praie you this Resolution that they out of the Common-law doe allow it to be well done according to the Ecclesiasticall laws but heare the reason for it importeth much to se therby the manner of proceeding for seeing saith hee that their authoritie is to proceed and giue sentence in Ecclesiasticall causes according to the Ecclesiasticall law and they haue giuen a sentence in a cause Ecclesiasticall vpon their proceedings by sorce of that law the Iudges of the common law ought to giue faith and credit to their sentence and to allow it to be done according to the Ecclesiasticall law For Cuilibet in sua arte perito est credendum VVee must beleeue euery skillfull man in his arte c. So hee And is not this a strange Reason of a iudiciall sentence thinke you that for so much as the Bishop of London had depriued Caudery by pretence of an Ecclesiasticall law his fact must be allowed by vertue of this maxime That euery skillfull man is to be credited in his art And was not the poore plainteife well holpen vp who after foure years trauell and cost as it appeereth wherin he followed the suite at the Common-law against the said Bishop he was now answered That euerie skillfull man must be beleeued in his art without further inquiring 11. And yet M. Attorney heere auerreth that it is a common receiued opinion of all bookes and citeth diuerse booke-cases for the same And albeit I haue not by me the bookes themselues nor doe professe my self skillfull therin yet must I needs ascribe so much equitie prudence reason vnto the Common law as to presume that it will not admit this Maxime without some distinction or reasonable restriction As for example that this Peritus or skillfull man that must be so beleeued be eminent in his art and be not interessed nor passionate in the Case proposed For other-wise absurde effects would insue as for example If a surgeon hyred to cure a wound should be suspected to haue intoxicated the same and that the Plainteife should haue this answere that euery skillfull man is to be beleiued in his arte it were iniustice For that he might either of ignorance haue erred therin if he be not knowne to be very well learned in his arte or of malice if he might be presumed to hope or expect gaine by the wounded mans death And howsoeuer it be the matter in right conscience were not to be shuffled ouer with such an answere of the appointed Iudges but the Case were to be examined other surgeons to be consulted them ans skill honestie and reputation to be inquired of and other such diligence to be vsed as might content and satisfie the afflicted partie wherof none was done as it seemeth in the behalfe of Caudery 12. For wheras in this case the Bishop of London was interessed in his honour to defend that which he had done not perhaps the greatest Canoinst or Ciuilian Lawyer in the world for his skill and this poore plainteife as I saie hauinge followed the Common Lawyers to iudge the case for so many years it seemeth a sleight shifting off for the Iudges to tell him now in fauour of the said Bishop and his Colleags Cuilibet in sua arte perito est credendum We must beleeue euery man skilfull in his science which is as much as if they had said he hath depriued you and he is skilfull in depriuing and therfore you must thinke that he hath done it very well And this is all the remedy you are like to haue 31. And by this the reader may also perceiue how much is to be ascribed to M. Attorneyes words before recited when he saith of those Iudges of the Common law from whome he citeth some certaine little peeces of Interpretations Ordinances Statutes or decrees in proofe as he would haue it seeme of the Queens Ecclesiasticall Iurisdiction persuading vs that they could not bee daunted vvith any feare moued by any affection nor corrupted vvith any reward which as I beleiue in some so the experience of these our daies and of these our fornamed Iudges and moderne Sages may teach vs to suspect the same in others also of those auncienter times who may be presumed to haue followed the current of their dayes and to haue been no lesse ready to run after their Princes humours than we see many lawyers and Deuines also in our dayes to doe But now to the last argument of Caudery finall Resolution against him 14. After that he had declared the three defects before mentioned of the Bishop of Londons sentence against him First that he was depriued vpon the first accusation Secondlie that hee was conuicted by no Iury wittnesses or confession but vpon not appearance Thirdlie that the sentence was not giuen by three or more Commissioners ioyntlie All which are expresse clauses of their commission sleightly euacuated as before you haue heard he came to the fourth point which is that the Statute wherby this supreame Ecclesiastcall power was giuen to the Queene herself by the Parlament hath a clause
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
Chapter and fourth demonstration therof I will remitt the Reader therunto Only I cannot let passe to recite vnto you in this place a certaine Charter of K. Ethelbert of Kent our first Christian English King confirmed by a Bull in lead of S. Augustin first archbishop of Canterbury and legate of the Sea Apostolike vnto the monastery of S. Peter Paul in CaÌ„terbury erected by the said K. Ethelbert the words of the Charter are these In nomine Domini nostri Iesu Christi c. Ego Ethelbertus Rex Cantij c. In the name of our Lord Iesus c. I Ethelbert King of Kent with the consent of the venerable Archbishop Augustine and of the Princes of my Realme do giue and graunt in the honour of S. Peter and S. Paul a certaine peâ—ce of my land which lyeth in the East parte of Canterbury to this intention only that a monastery be buylded in that place with this condition that my said land be for euer in the power of the said Abbot which there shall be ordeined And therfore I doe adiure and commaund in the name of allmightie God that is the iust Iudge of all that the foresaid gift of lands made by mee be held for euer firme so as neither it bee lawful for mee or any of my Successours Kings or Princes or for any Ecclesiasticall person of what degree or dignitie soeuer to defraud the said monastery of the same or any parte therof And if any man shall goe about to impeach or diminish any point or parte of this donation let him bee seperated in this life from the holie communion of the body and bloud of Christ at the day of iudgment for the demeritt of his malice be sequestred from the company of Saints and all good men Giuen at Canterbury Anno Christi 605. the 8. indiction 12. Thus goeth that Charter and in the same forme went all other Chartes of this Kinde wherin is to be noted first the dreadfull imprecation against all breakers therof confirmed by the Authority of so great a Saint as S. Augustin was how many lamentable inheritours wee haue of these curses and imprecations in our countrey and round about vs at this day where all such pious works are ouer throwne And secondly for that he saith expresly that he did all by the counsell and consent of S. Augustine it may be inferred that whatsoeuer priuiledges he gaue that may seeme to appertaine to Ecclesiasticall matters or Iurisdiction he did them vnder ratihabition of the said S. Augustine that was not only Archbishop but legat also of the Sea Apostolike and confequentlie had authoritie to exempt the said monastery as we see he did not only from the Iurisdiction of all other Bishops but of his owne Sea also in such sorte as no Archbishop of Canterbury had any authoritie ouer them which is much more then the Charter of Kenulsus alleadged heere by M. Attorney And we doe reade that the monks of Canterbury did pleade this Charter of K. Ethelbert confirmed by S. Augustine for their liberties against the Archbishop Richard Successor of S. Thomas Becket in the yeare of Christ 1180. 13. Wherfore to conclude this matter it seemeth that M. Attorney hath gotten nothing at all by this his instance of K. Kenulfus whether in his Charter he meant of temporal or spiritual iurisdiction For if he meant of teÌ„porall that is to say that the Abbey of Abindon should be free from molestation of the Bishops officers in temporall affaires it is nothing to our purpose and if he meant of spirituall Iurisdiction cleere it is that the said King had it not of himself by right of his crowne as M. Attorney often repeateth and vrgeth without all grounde but either from the Bishops of his Realme gathered togeather in Parlament which seemeth very probable by the words of the Charter Consilio Consensu Episcoporum That he did it by the Counsell and Consent of his Bishops or that he had it immediatly from the Pope as we haue shewed the vse to be in those dayes shall doe more largly in the ensuing Chapter 14. And that which is yet more and seemeth to conuince the whole matter to decide our very case in particular I doe reade of one Bishop Rethurus who was Abbot also of Abindon during the reigne of the said Kenulfus who went to Rome to obteine the confirmation of priuiledges to the said Abbey of Abindon about the yeare .812 Romam profectus saith the Story Pontificia authoritate privilegia Canobij communiuit He going the Rome by consent no doubt of K. Kenulfus himself obteined the confirmation of the priuiledges of the said monastery of Abindon by the Apostolike authoritie of the Sea of Rome And it is no doubt that among other priuiledges this Charter also of Kenulfus was one which being so euery man may see how much this instance hath holpen M. Attorney his cause or rather made against him that Kenulfus procured the confirmation of his Charter from the Pope himself 15. And surely if in this M. Attorney committed an errour in alleadging Kenulfus for an example of one that tooke supreme IurisdictioÌ„ Ecclesiasticall vpon him he being so obedient and subordinate to the Church of Rome as we haue said much more did he erre in choosing S. Edward the Confessor for his second instance for he hath but two as before I haue said out of all our Kings before the Conquest which K. Edward of all others was most deuoutly obedient to the Sea Apostolicke as may appeare both by that which before we haue touched of him as by that which after we shall more largly shew in the next Chapter that he presumed not to found his monastery of VVestminster without particular licence and approbation of the Pope In like manner for that hauing made a vow to goe in pilgrimage to Rome to shew his deuotion and obedience to that Sea he finding afterward some difficulties therin in respect of his Kingdome that repined at his absence and of the troublesome times that then were he remitted all first to Pope Stephen the tenth and when he being dead to his successour Nicholas the 2. who determined that he should not take that voiage but bestow the charges therof vpon the buylding of that monastery of VVestminster to which effect both their letters are extaÌ„t in Alredus that liued about 400. years gone wrote the same Kings life The Kings letter hath this Title Summo vniuersalis Ecclesiae Patri Nicolâo Edwardus Dei gratia Anglorum Rex debitam subiectionem c. To the high Father of the vniuersal Church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherby is euident that if K. Edward did hold himself for supreme head and gouernour of the Church in spirituall matters as M. Attorney would inferr vpon certaine words of one of his lawes as presentlie you shall heare
done against the priuiledges of their Crownes 21. After S. Mellitus who dyed Bishop of Canterbury there succeeded in that Sea by the appointment of Pope Boniface the fifth the holy man Iustus Bishop of Rochester before who by his doctrine and holie life had holpen greatly to the reduction of Eadbald King of Kent who after the death of his good Father K. Ethelbert by dissolute life had fallen backe againe to Paganisme and renounced the Christian faith But afterward returned againe and became a good Christian King and presently therupon he wrote his humble letters of submission to the said Pope Boniface the fifth as appereth by the Popes answere vnto the said Archbishop Iustus vpon the yeare of Christ 618. related by S. Bede where Boniface writeth Susceptis namque apicibus filij nostri Eadbaldi Regis c. We hauing receaued the letters of our sonne K. Eadbald we doe fynd therby with how great learning of Gods worde you haue moued his mind to true coÌ„uersion vndoubted faith And in the same letter he signifyeth that togeather therwith he sent him to wit to S. Iustus the pall with authority of Archbishop of Canterbury and further concedentes etiam tibi ordinationes episcoporum exigente opportunitate we doe also graunte vnto you power to ordeyne Bishops wheresoeuer opportunity for Gods glory is offered Neither did Pope Boniface thinke to displease or iniure K. Eadbald by writing in this sorte or by giuing to this Archbishop S. Iustus such authority to make Bishopps ouer all England as herby he did without respect of his kingly power as you see 22. And not many yeares after this againe to witt vpon the yeare of Christ 621. K. Edwyn of the Northumbers Regum potentissimus inter Anglo-saxones saith Malmesbury the most potent of all other Kings amongest the English-Saxons was conuerted to the Christian faith by the preaching of S. Paulinus sent thither from Kent by the foresayd Iustus Archbishop of Canterbury as to accompany the most Christian Lady Ethelburga daughter of K. Ethelbert who was married to the said K. Edwyn vpon hope of his conuersion to ensue therby as after it did This man then some dozen yeres after his said conuersion desiring to haue an Archbishopricke erected in his Kingdome in the Citty of Yorke and to haue Paulinus that was there with him to be made Archbishop therof not esteeming it to be in his owne power to doe the same of himself or by his Parlament though he were a Christian King whither thinke you or to whome did he make recourse and sute to haue the same effected S. Bede saith that he sent an â—â—bassadge to Rome to Pope Honorius to demaund this benefit at 〈◊〉 hand as also for so much as the foresaid S. Iustus Archbishop of Canterbury was now dead he would appoint some other in 〈◊〉 place and namely a holy Reuerend man called Honorius and that for auoyding of so often recourse to Rome in those troublsome dayes full of warrs and daungers he would vouchsafe to appoint that whosoeuer should dye first of these two Archbishops of his district Honorius and Paulinus for now the gouernment of Kent apperteyned also to Edwyn the suruiuer of the two should appoint and consecrate a successour vnto him that dyed All which demaunds Honorius the Pope graunted vnto K. Edwyn as appereth by his answere recorded by S. Bede in these worâ—â— Eae verò quae à nobis pro vestris sacerdotibus ordinanda sperastis c. As fâ—â— the things which you hope I will ordeyne for your two priests Paulinus Honorius we doe willingly with a gratefull minde and without all delay goe about to performe in respect of the syncerity of your faith which by the faithfull relation of the bearers of your letters was much to your praise insinuated vnto vs. And therfore we haue sent vnto Honorius and Paulinus two palls of Metropolitanes and haue ordeyned that whosoeuer of them two shall first be called out of this world vnto his maâ—â—â— the other that remaineth may ex hac nostra auctoritate by this our authoritie giuen him subrogate another in his place Which priledge we are induced to graunt as well for the speciall affection of loue which we beare towards you as also in regard of so long distance of Countryes that lie betweene you and vs c. 23. Thus wrote Honorius the Pope to K. Edwyn in these dayâ—â— and thus he thought of his Ecclesiasticall iurisdiction ouer England as well as other Countreys Neither did K. Edwyn thiâ—â—e himself iniured therby but much honoured and obliged And the same Pope Honorius writing at this very time to the forsaid Honorius whome he had made Archbishop of Canterbury by sending him the pall as you haue heard beginneth his letter thus Dilectissimo Fratri Honorio Honorius and then shewing him what authority he had sent to him and to Paulinus Archbishop of Yorke he hath these words Quae pro vestrarum Ecclesiarum priuilegijs coÌ„grâ—â—râ— posse conspicimus non desistimus impertire we doe not ceasse to graunt vnto you those things which we see to be coÌ„uenient for the priuiledges of your Churches c. Consider of this superiority 24. And after this againe about some thirty yeares the sixth Archbishops of Canterbury being dead whose name was Adeodatus the two Kings of Northumbers and Kent to witt Oswy and Egbert being very solicitous saith S. Bede to haue a good Archbishop giuen them that might appoint good Bishops throughout the Realme resolued to send a common embassadge to Rome to Pope Vitalianus to obteyne the same And the more to facilitate the matter they caused an English priest named VVighard cum electione consensu Sancta Ecclesia gentis Anglorum saith the same author by the election and consent of the holy Church of the English-nation to be sent to Rome and presented for this effect And togeather with him they sent certaine religions oblations almes to the vse of S. Peters chappell but the said Priest dying so soone as he arriued could not satisfie their desires Whervpon the Pope wrote backe seuerall letters wherof that to King Oswy began thus Domino excellentissimo filio Oswie Regi Saxonâ— Vitalianus Episcopus seruus seruorum Dei c. Wherin after congratulation for his zeale and feruour and the presents gifts and offerings sent to S. Peters chappell he answereth to the busines proposed thus We could not find out at this present a fitt man to be made Archbishop and sent vnto you according to the tenour of your letters but as soone as any such person shall be found as is apt we shall direct him to your countrey with our instructions c. He that brought your tokens hither so soone as he had visited the Churches of the holy Apostles was taken away out of this life to our great griefe But to the bearers of these our letters we haue deliuered for you certaine sacred
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
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
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
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
temporall sword of Constantine the Emperour and the Sea Apostolicke is more potent then any Imperiall power or authority And I would aske whether your power be of God or froÌ„ men Did not the God of Gods speakâ— to you in Peter the Apostle sayinge VVhatsoeuer you shall bynd vpon earth shall be bound in heauen and whatsoeuer you shall loose vpon earth shall be loosed in heauen And why then doe you so negligently yea cruelly delay for so longe time to loose my sonne or rather why dare you not to doe it Perhaps you will say that this power giuen you by God of binding and loosing is for soules and not for bodies Let it be so Truely it is sufficient for vs if you would bind the soules of those that hold my sonnes body bound in prison And finally I know that it lyeth in your power to loose my sonne if the feare of God may euacuate in you the feare of man 42. Thus wrote this afflicted Queene vnto Celestinus the Pope and the same wrote diuers other great personages at the same tyme as may be seen in the said Petrus Blesensis and among others the foresaid Gualterus Archbishop of Roane and Gouernour of England a man of great authority learning and wisedome who after many reasons concludeth his Epistle thus Exerat ergo beati Petri gladium manus vestra Clementissime Pater quid quantum tanto filis debeatis exhibeatis in opere vt experientia mediante addiscant minores inferiores filij quantum à â—obis auxilium in suis necessitatibus debeant expectare Let your hand then most Clement Father draw forth the sword of Peter and doe you shew by workes how much you owe vnto so greate a child as is K. Richard so as by experiencâ— your lesser and lower children may learne how much help they may expect from you in their necessityes So he 43. And by this may appeare what opinion men had in those dayes of the Popes authority and let the Reader heer marke as also M. Attorney how vsuall a phrase it was at that tyme to name two distinct swords the one of Constantine the other of Peter thâ— one temporall ouer bodies the other spirituall ouer soules and thâ—â— the later was the greater and higher Which was the speach also and phrase of King Edgar before the Conquest and of the Conquerour himself in his lawes if you remember is now heer vsed againe and so was euer after vntill King Henry the 8. as by this our deduction will appeare And only this phrase of speach and common beleife of all our Kings and Countrey from time to time that there were two distinct swords or powers one temporall in the Prince and the other spirituall in the Pope is sufficient to ouerthrow M. Attorneys whole Booke though nothing els were said to it besides the purporte therof being as hath byn seen to proue that either no such distinction of swordes powers is to be admitted or that both are equally in the temporall Prince and so vsed and exercised by our auncient Kings of England 44. But now you see the vanity in truth absurdity of that Paradox refuted by all this heer set downe concerning K. Richard and many examples more might be alleadged during his raigne after his returne againe to England who meaning to euacuate the alienation of many thinges solde lent or empawned before for his going to Ierusalem caused himself to bee crowned againe in VVinchester reducing all thinges to a new order and among others he set downe Capitula placitorum Corona Regis The heads or cheife braunches of pleas that belong to the Kings Crowne or Courts wherein nothing at all is conteyned concerning Ecclesiasticall affaires but only De aduocationibus Ecclesiarum quae sunt de donatione Regis Of the aduowsons of such Churches as are of the Kings gift that is to say wherof he had Ius Patronatus Which is a small spirituall iurisdiction if we consider it well and may be in any secular man whatsoeuer that buyldeth or foundeth a Church And Matthaeus Parisiensis speaking of the Church of Normandy vnder K. Richard commendeth him highly for deliuering the said Church de longo seruitutis iugo from a long yoke of seruitude which secular men by little and little had brought in vpon her vnder other Kings and Dukes by often drawing Clergie-men to secular Iudges and tribunals inuadinge their goods restraining their liberties breaking their priuiledges and the like All which the said Author saith Ipso glorioso Rege Richardo annuente omnia disponente emendata sunt Were amended by the consent of glorious King Richard who disposed all things himself to the restitution of the ancient liberties freedome of the said Church of Normandie 45. It were ouer long to run ouer many other examples which might be alleadged to this effect for proofe of King Richards true Catholicke deuotioÌ„ towards the Church as also of his acknowledgement and obedience to the authority of the Sea of Rome in all Ecclesiasticall affaires during his life and raigne There are 4. or 5. epistles exstant in Houeden written to diuers parties by Celestinus the Pope which he wrote one soone after another concerning the forenamed Geffrey Archbishop of Yorke citing him to Rome to answere to certaine accusations laid against him by his Chanons and others accusing him among other things Quod â—enationibus aucupio totius animi studium applicabat That he applied his whole mind hunting and hauking And againe De inhonesta vita invtili conuersatione They accused him of dishonest life and vnprofitable conuersation For which though he were the Kings brother yet not making his appearance in Rome nor lending his lawfull defence or purgation thither he was suspended by the said Popes Bull and the King was so far of from taking it euill or defending him as he caused the lands and possessions of his Bishopricke to be seased on Praecepit illum dessesire saith Houeden de Episcopatu suo de Vice-comitatu Eboraci He commaunded him to be dispossessed of his Archbishopricke and of the Vicount-ship of Yorke 46. But afterward Celestinus being dead and Innocentius the third succeeding him in the Popedome and the said Geffrey amending his manners as may be presumed Misit literas suas deprecatorias ad Richardum Regem c. The said Pope Innocentius sent his letters to K. Richard of England requesting and exhorting him by Fatherly admonition that he would receiue into his loue and brotherly familiarity againe the said Archbishop at his request and suffer him in peace to returne to his Bishopricke for that otherwise he should be forced to vse Ecclesiasticall Censures against the said King and his Kingdome Vnto which petition ioyned with some commination as you see the King obeyed sending diuerâ— Bishops vnto the said Archbishop whose names Houeden setteth downe In spiritu humilitatis postulantes ex parte Regis vt ipse
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 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
one was a worshipfull gentleman of our owne Countrey yet liuing that resided then in that Court and had often conference with the said Monsieur Lansacke about the matter 41. And by all this we may see that the said Queen was drawne to many things against her owne inclination much resistance she made at the beginning for diuers dayes to admit any change of religion and therevpon presently euen before her Coronation she caused proclamation to be made that none should preach saith Stow but such as should be appointed that no rites or ceremonies vsed in the Church should be altered but as it was in her owne Chappell and this to preuent such innouators as she knew would presently be doing if they were not preuented against whom she would often speake bitterly and contemptuously in secret with certaine noble men whom she knew to be Catholicke complayning of their importunity and signifying her owne good affection toward Catholicke people and that she was vrged on by those other far beyond her owne inclination which she declared in like manner by keeping the Crosse and crucifix of Christ in her Chappell for diuers yeares against the bitter exclamations of the said turbulent people wherof the forenamed Doctor Harding giueth testimony also in his said epistle dedicated to herself saying Your constant bearing and vpholding of the banner and ensigne of our redemption the image I meane of Christ crucified against the enemyes of his Crosse your Princely word commaunding a Treacher that opened his lewd mouth againsâ— the Renerend vse of the said Crosse in your priuate Chappell to retire from that vngodly digresâ—â—â— vnto his text of holy scripture c. doth well shew your good inclination So he 42. And all this I haue thought good omitting many other things to this effect to mention in this place for some parte of excuse if it may be of the many and greiuous afflictions laid vpon her Catholicke subiects afterward by her authority for profession of the said faith and religion which herself at the beginning seemed not to mislike And surely her example may be a dreadfull president how far and daungerously Princes may be led by arte and importunity of others if they be not wachfull to resiste them at the beginning For that this Princesse notwithstanding her milde gentle disposition which you haue heard was drawne on by little and little to make more greiuous Statutes Decrees and Ordinances against that parte of her subiects which might haue byn held vnited vnto her then euer perhaps did Prince before her either Pagan or Christian against any sorte of malefactors whatsoeuer 43. And of this let the multiplicity of statutes extant against them be witnes the death of so many Priests and others of that religion yea of her deerest and neerest in bloud that then was liuing togeather with the imprisonments vexations and tribulations of innumerable good subiects for that cause which brought her finally after many troubles and terrours distrusts and iealousies to that melancholike afflicted state of mind wherin she died All which had byn auoided if to vse her owne phrase they would haue let her alone and left her to her owne disposition and mylde inclination but now the accoumpt must remaine vnto herself 44. And so to conclude for so much as these Statutes which M. Attorney doth mention heer to haue byn made by her against Catholickes and principally against the spirituall iurisdiction of the Sea of Rome and braunches therof did not so much proceed of her owne proper inclination and disposition if we beleife the former testimonies as of other mens instigation or if they did they were made in defence of her owne Ecclesiasticall Supremacy newly taken or laid vpon her it shall to be needfull for me to answere them so particularly as I haue done the rest before cited sauing only to certaine erroneous assertions and iniurions asseuerations added by M. Attorney himself in his enumeration and declaration therof which we shall performe in the next ensuing Chapter and conclusion of this whole worke CERTAINE EXPOSTVLATIONS VVITH M. ATTORNEY ABOVT EVIL PROCEEDING And iniuryes offered to sundry sortes of men in this his Booke of Reportes especially tovvards the end therof Togeather with the Conclusion of the whole worke CHAP. XVI ALbeit in the beginning and first entrance of this my answere I promised and so I presume hath been perfourmed to hold a milde and respectiue course of temperate writing throughout the same yet drawing now towards an end and finding M. Attorney to imitate the motion of naturall bodies who the neerer they come to their Center the more vehemently they mooue that is to saie to bee so much the more bitter eager and iniurious to Catholicks as he draweth neerer to the vpshot of his Worke and designed Center of their dammage hurte and preiudice I am forced in this place somewhat also to sharpen my pen for repelling so manie manifest vndeserued iniuries which craftely he goeth about in his last coÌ„clusion to couch vpon them but yet retaining still our former measure of moderation friendly dealing so far as the nature circumstance of the busines may beare permit intituling this Chapter rather of Expostulations then accusations on our behalfe which for that they concerne diuers sortes of men wee shall handle distinctly vnder the seuerall ensuing Paragraphes THE FIRST EXPOSTVLATION In the behalfe of Recusant Catholicks of England greiuously iniured by the Attorney §. I. 2. To the end you may better iudge of the equity of this our first expostulation I thinke it best to set downe the iniquitie of the Attorneys false charge in his owne words which are these in the 34. and 35. leaues of this his 5. parte of Reportes wholy directed to their hurte and preiudice From the first vntill the eleuenth yeare saith he of the late Queen Elizabeths raigne no person of what persuasion of Christian religion soeuer at anie time refused to come to the publike diuine seruice celebrated in the Church of England being euidently grounded vpon the sacred and infallible VVord of almightie God and established by publicke authoritie within this Realme But after the Bul of Pius Quintus was published against her Maiesty in the said 11. yeare of her raigne c. all they that depended on the Pope obaied the Bull disobaied their gratious and natural Soueraigne and vpon this occasion refused to come to the Church c. 3. Heer you see two things boldly affirmed First that in 11. yeares after Queen Elizabeths comming to her Crowne no person of what persuasion soeuer in Christian religion did at anie time refuse to goe to Church vntill the Bul of Pius Quintus came forth against her The secoÌ„d that vpon this occasion Catholicks not holding the Queen for their lawfull Princesse for so afterward he often expoundeth himself refused to come to Church Both which points if wee can shew to bee most manifestly false and the second
Mat. 18. Rom. 1. Epist. 105 contra lit Petiliani The morall argument of impossibility for the vniuersall Church to fall or vanish away Application of this morall argument A most euident demonstration Stange and Chimericall imaginations The differeÌ„t vse of the touch-stone for finding out the Church The basenes contemptibility of M. Attorneyes Church M. T. F. in his Apologie an 1599. A manifest caluÌ„niation against M. Garnet â—rent â— Anâ—â—iâ— â— seely â—uenâ—â—n of â—ookes and treaâ—ons Cicero de Oratore A fond fayned blasphemy Ioh. 11. The meaning of Caiphas in speaking of the death of Christ. Luc. 13. 〈◊〉 4. â—n Ioanneâ—â— The meaning of M. Garnet in vsing the wordes of Caiphas Isa. 60. Psal. 109. Sundry calumniatioÌ„s M. Attorney in his vaunting vayne All ancient English lavves in fauour of Catholicke religioÌ„ The particulers brought in by M. Attorney refuted Paulus Quartus Câ—â—dinall â—oole The arraignment of M. Garnet Ioan. 19. The law misapplyed against Christ our Sauiour Leâ—â—t 24 The priuiledge of secrecy to be obserued in Confession Gods truth alwayes euerie where one Psal. 116. Sap. 5. Math. 7. Gregor 〈◊〉 in 〈◊〉 â—ngel â—oan The dangerous state of â—â—r Enâ—lish â—â—torneyes office The important weight of this controuersy Two partes of ReligioÌ„ August contra epist. FuÌ„â—â—menti cap. 5. Math. 18 See Magdebar Gen. 2. li. 2. cap. 3. col 41. 42. deinceps Magde ibid. Col. 53. 54. deinceps See Caluin l. 1. instit cap. 11. lib. 3. cap. 5. True power and spirituall iurisdiction the only â—â—e â—uide to saluatioÌ„ Math. â—â— 18. Chrysost. lib. 3. de â—acer 〈◊〉 4. 5. de verbâ—s 〈◊〉 D Hier. epist. ad Heliodor de vitaâ— solitaria Hilar. Can. 16 in Mat. alij alibi Three grounds of spirituall authoritie supposed by three different religioÌ„s * See Cartwright Iunius other of then alleadged in the Suruey of pretended discipline Cap. 16. Rom. 13. Math. 24 1. pet 2. The fouÌ„dation of the Protestants assertioÌ„ Acts 20. Puritane grouÌ„des Acts 1.23 Acts 6.5 1. Tit. 5. GrouÌ„des of the Catholicks for spiritual iurisdiction Important consequences Sir FraÌ„cis Hastings against the vvard-vvord M. Sutcliffe in his defence Puritan and Protestants grounds vncompatible Heb. 5. 2. paralip 10. Psal. 2. Psal. 1 * Cyprian l. 2. ep 3. August l. 16. de Ciuit. Des. cap. 22. l. 1. contra aduers. leg Proph. cap. 2. lib. 2. cont lit Petil. c. 37. Chrysost hom 35. in Gen. Clem. AlexaÌ„d lib. 4. strom Ambros. l. 4. de Sacram. c. 3. Hierom in cap. 1. ad Titum alij Ioan. 10. Caluin lib. 4. instit cap. 19. §. 31. 14. §. 31. * Infra cap. 2. The Protestant and Puritan yelde more in deed to the Catholicke then to ech other The Protestant and Puritan ministers not admitted the one by the other What the Puritan is to the Protestant by this grounde of spirituall power Mar. vlt. Luc. 10. 1. Tim. 3. Mat. 23. Mat. 7. Iohn 10. The Title examined Cicer â—ib 3. Tusâ—â—â— quaest The indifferency required in treating this controuersy The vvord Ius extendeth it self further then Lex a â—â—luâ—ss de Iustiâ—ia â—â—re b Ibidem â—â—lus c 〈◊〉 Celâ—us ibidem d 〈◊〉 5. capâ— â— e 2â— q. 57. art 1. f â—ib 5. Eâ—ymâ—l c. 3. That temporall Princes make not ecclesiasticall lavves but receaue them Of Error and Ignorance The definition diuiâ—â—on oâ— IgnoraÌ„ce See 2. dist q 42 D. The 2â— q. 76 art 1. 2. â— Ignorance negaâ—iâ—e Eccles. 5. Rom. 12. Iob. 9. Ignorance priuatiue Diuerse sortes of priuatiue Ignorace D. Thomâ—â— 1 pag. 101. â— 2. q. â— art â—â— q. â—â— art â— Strange speeches of imagined ignorance by the Attorney Iob. 9. Ecclesiastes 9. Rom. 12 Syr Francis Hastingâ— in his VVatch-vvorde No◠〈…〉 variety or depth of learninge VVhy euery Catholike hath more knovvledg than an hundred sectaâ—â— 2 Of truthâ— 2. Cor. 13. Truth vaynly coÌ„mended by Sectaries * Se Hilar. lib. 2. ad Constant. Von â—nt Liâ—â—â— lib cont prophâ—n haret noâ—tâ— August l 1. de 〈◊〉 c. 3. tract 18. in Ioan l. 7 de Gen. ad lib. cap. 9. The vvay hovv to finde out the Truth Tert. lib. aduersus Prax. cap. 20. Tert. lib. de Prescript cons. haret cap 2â— Aug. 〈◊〉 1. cont Gana Donat. c. 1. form 131 de tempt lib. de â—niâ— Eccles cont Petil. cap. 2. Vincent Laâ—in lib. cont proph haer 〈◊〉 Paâ—amus Epise Barâ—in cap. 1. Symph The application of the Fathers directions Vide etiam Psal. Aug. contra partem Donat. Oâ—tâ—tuÌ„ Mileuit contra Parmâ—n August de gâ—â—us ad â—â— imperfect cap. 1. 3 Birth-right of lavves The Attorneys maior admitted and his minor denyed Of the antiquity of our municipall lavves The commodities discommodities of our municipal lavves The birth-â—â—ghâ— of our common lavves The obiection of externe lavvyers against diuerse points of ours Se also Syr Thomas Moore Lib. 1. Viepia VVhether common lavvyers determine and deale vvithout passion Anno 1. Edvvards 3 â— 2. Instâ—â— 2. The Catholike religion the ancieÌ„t birth-right of â—nglishâ—â—n Math. 10. Marc. 10. Against bitter vvriâ—ing in controsies Matthevv 〈◊〉 Thomas â—el VVilleâ— and others 4 Of vvryting of coÌ„trouersies against coÌ„science Tit. 4. * Se S. Augustine 〈◊〉 de â—ut Dâ— cap 51. l. 7 de Geâ— ad lit c. â— nact 8 in Iuâ—â— lâ—b 〈…〉 VVhat is the commâ—n â—â—e vvnâ— truth in reâ—â— to and vvâ—â— impugneth it The difference of substaÌ„tâ—all proof betvvene M. Attorney and vs. VVhy Catholiks are not to be thought to vvrite against their conscience Tyme of 〈…〉 Mâ—â—cb 6. 〈◊〉 God the author of all lavvful povver Rom. 13. The different ends obiects of spirituall and temporall povver Spirituall teÌ„mporal povver as spirit and flesh in a man Temporal and spirituall authoritie separated in the Priâ—â—â—◠〈◊〉 Act. 20. 2. Cor. 6.4 Anabaptists Rom. 13. 1. Pet. 2. Act. 10. Spirituall iurisdictioÌ„ independent of TeÌ„porall Tempoâ—al povver not immâ—diatâ—ly but mediately from God 〈◊〉 â—â— Matâ— 18. Ioan â—1 Leg. 2 ff de Iuâ—â—sd 〈◊〉 Iud. l. vlt. ff dâ—â—â— cui mand iurisdict In cap pastora â— in pâ—â—â—â—ip de offic delegati In câ—p praeterea â—odâ—â— tit VVhat is the spirituall povver of the church Pastors therof Math. 26. Ioan. 20. Se S. Cyril l 12. in Ioan. â— 55. and S. Cyprian lib. de â—nt Eâ—â—â—esâ— aâ—ist 73 ad 〈◊〉 Matth. 16. Chrysost. homil 5. de verbis Esa. Vidi Dominum Galat. 1. 1. Cor. 13. 2. Cor. 10. 2. Cor. 13. S. Paules esteeme of the high povver giuen vnto him to other Apostles their Successours 1. Cor. 5. 1. Tim. 1. Diuers excomunications by the Apostles Act. 8. Aug. lib. 1. contra Aduer 〈◊〉 Proph. c. 10. Chrysâ—st hom 4. ad Helr 〈◊〉 feâ—tur 11. quaest 3. cap. â—1 Aug. ibid. Cypr. lib. 1. epist. 1. ad 〈◊〉 Deut. 6. Math. 16. Tvvo points of Spirituall IurisdictioÌ„ internall and externall Matth. 6. 1. Cor.
16. Ioan. 21 〈◊〉 20. 1. Cor. 12. Vâ—â—â—ersall 〈…〉 â—gainst M Attorâ—â—◠〈◊〉 dist 〈◊〉 Yno 〈◊〉 Sâ—â—â—ole Dâ—â—â—ors 〈◊〉 〈◊〉 in 〈…〉 〈◊〉 Doctors Fathers and expositors Chrysâ—â— 5. ser. Quid regulares famina viris non â—â—habitant A notable discourse of S. Chrys. l. â— de sacordoâ—iâ— sub initiuâ—â— Ioan. 21. 〈◊〉 coÌ„â—â—â—dable 〈◊〉 good â—â—stor A vvomeÌ„ 〈◊〉 exâ—â—â—led 〈◊〉 â—â—urch-gâ—â—ernâ—â—nt Hovv much S. Chrysost. authoritie ought to be esteemed in this point The municipall lavvey of England * Infra â— 6. demonstrat 10. in cap. 7. Manifest reasons A vvoman can not be Priest Aâ—â—â—rdiâ—â—â—f coÌ„seâ—◠〈◊〉 A â—â—eat 〈…〉 Consent of Protestant vvriters Caluin in cap. 6. Amos epist. 54. ad myconâ—â—â— Beza in â—â—fesâ—râ—ne cap. 5. de prâ—sb fol. 32. 43. Viretus Dialog 3. 〈…〉 ad 〈…〉 burg 〈…〉 and 〈◊〉 of 〈…〉 The repetition and coÌ„clusion of all A point vvorthy of laughter K. Henry â— Edâ—â—â—d 6. â—â—â—tvvin 〈…〉 cap 1. A point â—â—rthy of 〈◊〉 The oath of supremacy exacted of Q. Elizabeth The finall consideration vpon all * Monsieur Laâ—saâ— Embassador of the K. of FraÌ„ce and others vvherof see more Infra cap. 15. Reportes fol. 1. Of English Kings before the Conquest Reportes fol. 9. The Charter of K. Kenulphus anno 755. Stamford lib. 3. c. 39. fol. 1012. This charter vvas pleaded 1. Hâ—nr 7. 23. 25. 〈◊〉 The first pointe of M. Attorneys collection refuted Bed lib. 4. hist. Angl. cap. 5. Thâ— secoÌ„d poâ—nt ansvvâ—â—â—d 〈◊〉 the 〈…〉 then 〈◊〉 〈◊〉 third 〈…〉 Of diuers sortes of exemptioÌ„â— granted to pious vvorks by Popes Ossa K. of Mercians Paris iâ— hist. Angl. anno 794. 〈◊〉 Gulâ—â—l 〈◊〉 l. de 〈◊〉 talibus 〈◊〉 ast S. â—â—ustin 〈◊〉 Char. 〈◊〉 K. â—â—â—elbert â—605 â—â—ainst â—â—â—â—ders 〈◊〉 Abbey 〈◊〉 or 〈◊〉 Harpeâ—selâ— hist. Angl. saculo 10. c. 9. ex Mariano Scoto K. Kenulfus gaue his Charter to Abindon by authority of the Pope The instance of K. Edvvard the confessors charter examined Alredus 〈◊〉 in 〈◊〉 S. Edoâ—â—â—ds â—â—â—g Edâ—â—rd the â—â—â—â—â—ssors â—â—â—â—ection 〈◊〉 the â—â—pe 〈◊〉 1033. 〈◊〉 S. â—â—â—vards 〈◊〉 19. cap. 2. Rom. 13. Rog. Houed part 1. ant al. in vit Hen. 2. Ioan. Fox in Act. Monument The 〈◊〉 of 〈…〉 King Edvvards gouernment 〈…〉 Châ—â—ch vvaâ— by 〈…〉 Seâ— Baron 〈…〉 97. The K. of Spaine his Ecclesiastiâ—â—ll Iuâ—â—â—â—â—â—tion 〈…〉 Hovv little M. Attorney proueth Ten demonstrations beâ—oâ—â— the conquest 1 Of the lavves made by auncient Kings before the conquest Malmes l. â— de gestis Regum Anglorum c. 2. in Iâ—â— Differences of lavves and lavv-makers before the conquest Fox Acts and Mon. pag. 149. See the Conquerours Ecclesiasticall lavves cap. sequentâ— What the 〈◊〉 he◠〈…〉 Fox vbi supra * Cap. 5. Roger Hodon par 1. Annal. in vita Henr. 2 Magna carta cap. 1. Confirmation of Churches libertyes in England Articuli Cleri an 9. Edvvard â— 2 〈◊〉 the 〈◊〉 Ecclesâ—â—â—â—ca 〈…〉 counâ—â—â—â—â—ine 〈◊〉 from 〈◊〉 but 〈◊〉 Pâ—eâ—â—â— See Bede lib. 1. histor Angl. c. 2â— Of Recourse made to Rome presently after our English Church vvas founded Ibidem The ansvvere of Pope Gregory coÌ„cerninge French Bishops Beda lib. 1. hist. cap. 27. Gregoâ— in Regist. lib. 12. c. 15. 〈◊〉 Gregoâ—â—â—â— comâ—iâ—sion to Auguâ—â—ine Bede lib. 2. hist. Anglicana cap. 5. The conuersion of other Kingdomes after that of Kent Anno 600. Anno 604. Anno 709. Anno 606. Anno 635. Anno 662. â—up cap. 2. â— 4. â—cclesiaâ—ticall â—â—vves all â—â—ne though in â—â—â—serent â—ingdoâ—es M. Attorney his euasion ansvvered 3 That all Ecclesiasticall vveighty matters vvere referred by our Kings people to Rome â— Auguâ—â—ine appointed his succesâ—ors by orâ—â—r auâ—horitie to Rome Anno Doâ—â—ni 604. 〈◊〉 lib. 1. 〈…〉 p 4. Anno 610. 〈◊〉 de 2. hist. â— Ethelâ—â—rt and Sebert â—ovv they â—epended â—â— Rome K. Eadbald an Apostata reclaymed Beda lib. 2. hist. cap. 8. Authoâ—ity giuen by the Pope to make Bishops in England Malmesb. in fasâ—is anno Christi 621. K. Edvvyn demaunded Bishops froÌ„ Rome Beda lib. 2. â— cap. 17. Pope Honorius his â—riuiledges graunâ—ed to K. Edvvyn Anno Domini 665. Bede lib. 3. hist. cap. 29. Bede ibid. anno Domini 665. The Pope sendeth reliques to the King and Qeeene promiseth an Archbishop Bede lib. 4. histor Anglicanâ— c. 1. Abbott Adrian Theodorus sent for Archbishop of Canterbury Anno 669. â—eda lib. 4. â—â—st cap. 2. A happy â—ate of â—he English Church Malmesb. lib. 2. de Regibâ—s Anglorum c. 8. K. Edgar sent for authority to Rome to reforme the Clergie M. Attorney challenged K. Ethelbald See Stovve anno 71â— Malmesb. lib. 1. de gestâ—s Regum Anglorum lib. 1. de gostir Pontificâ—â— The atâ—â—mpte of â—â—ng Offa againsts the â—â—risdictioÌ„ of Canterbury See diuers â—auses of Alâ—uins â—pistle to â—thelard â— Malmesb lib. 1. de gostis â—â—â—tificuâ— The epistle of K. Kenulphus to Pope Leo. The humble petitioÌ„ of King Kenulphus Key of knovvledge The determination of Pope Leo 3. for Archbish Athelarde Kings and Princes subiects to the Archb of Canterbury in spirituall matters Missions made by authority of the â—â—pe â—â—â—rent in â—â—râ—n in â—ngl Dispenâ—â—tions of â—ost imâ—ortance â—â—ocured 〈◊〉 Rome Malmesb. lib. â— de vltis Pontifiâ—um in Sâ—â—thuâ—â— Malmesb. ibidem Stovv in anno â—39 Malmesb. lib. 2. dâ—gestis Regum Anglorum cap. 2. Alredus Riâ—uall in vita D. Edvvardâ— Polidorus alij â—â— Iohanâ—â— Tvvo exâ—mples afâ—er the â—onquest â—â—anderus lib. 1. de 〈◊〉 4 〈…〉 â—riuiledâ—es 〈◊〉 of Churches Monasteryes Hospitalls c. by the â—ope Abbott Biscopus sent to Rome for priuiledges Bedâ— lib. 4. hist. Angl. cap. 10. Bede tâ—m 3. in vita S. Bertolphâ— The priuiledges of S. Bertolphus his Monastery Ceadwalla Inas Malmesb. 1. de gâ—stis â—â—gum Anglorum câ—p 2. Malmesb. 〈◊〉 Adelâ—â—us his booke of virginity Malmesb. â—â— 2. histoâ—â— nouella Florentius in chronico anno 70â— Priuiledges of the Abbey of Euesham The priuiledges of S. Albanes founded by King Offa. Math. Vestmonasteriensis in historia anno 794. â—at Paris vita Henâ—â—â—â—terâ—â—s â—â—no 1256. Malmesb. 〈◊〉 2. de 〈◊〉 Regum anglorum â—â—p 1. Priuiledges graÌ„ted to Glastenbury at the petition of K. Edgar Malmes iâ— vita Edgarâ— Ingulphus in historia de Crâ—yland King Edgar charter confirmed the Popes charter The priuiledges of VVestminster procured by K. Edvvard Alredus Rieuell in vita S. Edwards Anno Domini 1054. Ibidem Mutuall letters betvvene Pope Nicolas and King Edvvard Priuiledges of VVestminster vvith a terrible curse to the breakers 5 Appeales and complaints to the Sea of Rome about controuersies that fell out Appeales more frequeÌ„t since the Conquest Appeales before the Conquest Bede lib. 4. historia cap. 11. 13. S. VVilfrides Appeales to Rome anno 679. Beda lib. 5. histor Ang. cap. 10. Beda ibid. The second Appeale of S. VVilfride to Rome Bede ibid. Malmesbur lib. 3. de gestis Pontif. Anglorum in Vvilfridâ— Malmesb. 〈◊〉 The epiâ—â—le of S. â—â—eodorus 〈◊〉 fauour VVâ—lâ—â—id S. 〈◊〉 vvhoâ—e he had â—mpuâ—ned S. VVilfrid restored
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
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