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
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
benefices Per annuium baculum that is by giuing them a ring a staffe which are the ordinarie signes and markes of taking possession of their iurisdiction which though the said Princes doe acknowledge to bee a spirituall Act and consequently not possible to descend from the right of their temporall Crowne as M. Attorney would haue it yet desired they to inioy it by Commission from the Sea Apostolicke in respect of their greater authoritie amonge their Subiects and for more breuitie of prouiding and establishing incumbentes when benefices of cure fell voide and for other such reasons wherof we may read in the liues of diuers of our Kings And namelie of King Henrie the first this Conquerour his sonne what earnest suite he made to haue these inuestitures graunted him which the Pope did flattly deny to doe yea and the greatest causes of that wonderfull breach between the Popes Alexander the 2. and Gregorie the 7. and others of that age with the Emperour Henrie and his Successours were by the occasion of these inuestitures which the said Popes would not graunt Albeit I find some ages after that the great and famous Lawyer Baldus aboue two hundred years gone recordeth that in his tyme two Kings only had these priuiledges graunted them from the Sea Apostolicke The King of England to wit and the King of Hungary which perhaps was in regard that their Kingdomes lay so far of as it might be preiudiciall to their Churches to expect allwayes the said Inuestitures from Rome But yet he expresly saith that it was by Commission and delegation of the Pope Papa saith he committit spiritualia etiam mero laico ideo Rex Anglorum rex Hungaria conferunt in suis Reguis Praebendas ex priuilegio Papa The pope may commit spirituall things to a meere lay-man and this he proueth by diuers texts of law and hence it is that the King of England and King of Hungary doe in their Kingdomes giue Prebends by priuiledge of the Pope Wherby we vnderstand that in Baldus his time it was held for a pecular priuiledge of these two Kings which fithence hath byn communicated to diuers other Christian Princes who doe vse and exercise the same at this day but yet none pretending it as from the right of their Crownes For they neuer pretended to giue benefice or Bishopricke by their owne Kingly authority but only to present and commend fit persons vnto the Sea Apostolicke to be admitted and inuested therby as all other Catholicke Princes at this day doe vse yea and that this right of presentation also they tooke not but by concession and approbation also of the foresaid Sea Apostolicke as by the former examples may appeere 35. And this is so much as I thinke coÌ„uenient to saie in this place to M. Attorneys silly instance and I haue been the longer theraout for that this K. VVilliam is the head and roote of al the Kings following and this which hath been answered to this obiection will giue much light to all other instances that are to ensue And if anie King should haue taken anie other course from this established by the Conquerour their head and origen which yet none euer in any substantiall point did vntill King Henry the 8. you may see by all this discourse that the Conquerour might say of them as S. Iohn said of some of his Ex nobis prodierunt sed non erant exnobis And so much of the Conquerour OF KING WILLIAM RVFVS AND HENRY THE FIRST That vvere the Conquerours sonnes and of King Stephen his Nephevv And how they agreed with the said Conquerour in our Question of spirituall iurisdiction acknowledged by them to be in others and not in themselues CHAP. VIII THis beginning being established in the Conquerour coÌ„forme to that which was in the precedent Kings before the Conquest their remaineth now that wee make our descent by shewing the like conformitie in all subsequent Kings vnto K. Henry the 8. according to our former promise Wherfore first in ranke there commeth K. VVilliam Rufus second sonne of the Conquerour among those of his children that liued at his death who being named to the succession by his said father vpon his death-bed so charged forewarned as you haue heard in this verie point of honoring the Church and Ecclesiasticall power and vnder that hope and expectation embraced and crowned by the good Archbishop Lanfranke 〈◊〉 king first his solemne Oath to the same effect which his father had taken before him in the day of his Coronation he gaue gâ—â—â— satisfaction contentment to all his people at the beginning of his raigne as all our historiographers doe testifie that is to say so long as Archbishop Lanfranke liued to whom he bare singular respect loue and reuerence but the said Archbishop deceasing in the second yeare of his raigne which was about the 20. of his age the young man as thinking himself free from all respect to God or man brake into those extreame disorders of life which our historyes doe recount 2. And among others or rather aboue others in oppressing the Church holding Bishopricks Abbies in his hands as they fell void and not bestowing them afterward but for bribes and Simony And namely the Archbishopricke of Canterbury he held foure years in his hand after the death of Lanfranke vntil at length falling greiuously sicke in the Citty of Glocester and fearing to dy made many promises of amending his life as namely saith Florentius Ecclesias non amplius vendere nec ad censum ponere sed illas Regia tueri potestate irrectas leges destruere rectas statuere Deo promisit He promised to God not to sell Churches any more nor to put them out to farme but by his kingly power to defend them and to take away all vniust laws and to establish such as were rightfull And heervpon presently to begin withall he nominated to the Archbishopricke of Canterbury a great and worthy learned man named Anselmus Abbot of the monastery of Becke in Normandy who was then present in England for that some moneth or two before he bad byn intreated by the Earle of Chester Syr Hugh Lupus to come into England to found and order his Abbey saith Stow of S. VVerberge at Chester of whom Malmesbury liuing presently after him saith Quo nemo vnquam iusti tenâ—cior c. then which Anselmne no man was euer more constant in righteousnes no man in this age more exactly learned no man so profoundly spirituall as this Archbishop that was the father of our countrey and mirrour of the world 3. But this vnfortunate King was no sooner recouered say the same Authours but he repented himself sorely that he had not solde the said Archbishopricke with other for more money and therevpon tooke an occasion to picke a quarrell against the said Anselmus and among other things to let him that he could not doe his
excluded the Clergy that refused to pay from his protection and from the protection of the lawes whereby they being abandoned and exposed to all iniuryes the most of them fell to composition with the King so bought out and purchased their protection againe more deerer then they might haue continued the same by their contribution 13. And as for the Archbishop of Canterbury that stood constant amongst the rest in that denyall Omnia bona eius saith Mathew of VVestminster mobilia immobilia capta sunt in manu Regis All his goods both moueable vnmoueable were taken into the Kings hands And the same Authour doth recount infinite other intollerable vexations laid vpon them that would not agree to the Kings demaunds in those affaires which were accompanyed with such threates and terrors as the Deane of Paules in London named VVilliam Mont-fort comming one day before the King to speake for his Chanons was so terrifyed as he became mute and fell downe dead before him which yet saith out Author moued little the King but that he persisted in his demaundes And one day sending a knight named Syr George Hauering to the Monastery of VVestminster when all the Monkes were there gathered togeather in their Refectory or dyning-place the said knight proposed in the Kings name that they would graunt him halfe their reuenewes for his warrs and if any wil deny this demaund saith he let him stand vp shew himself that he may be handled as one guilty of breaking the Kings peace Whervpon all yeelded saith Mathew of VVestminster and no man would after with so great daunger contradicte the Kings will And thus much of his violent maÌ„ner of proceeding with the Church and Clergy wherevnto I might adioyne many other things as his dryuing out of the Realme the forsaid Robert Archbishop of Canterbury his Statutes made in the last Parlament at Carleile the same yeare he dyed in preiudice of Holy Churches liberty which were the first that are read to haue bin made in that kind and consequently are thought to haue byn a great cause of all the miseryes and calamityes that fell vpon his posterity as after you shall heare 14. But yet all this doth not proue that King Edward denyed or doubted of the Popes spirituall power or tooke the same vpon himself which is M. Attorneys case and conclusion Nay rather they doe shew and proue his acknowledgement of the said authority if we consider them well though in certayne points that seemed to extend themselues to temporall affaires and might be preiudiciall vnto him he sought to decline and auoyde the execution therof But in things meerely spirituall he neuer shewed difficulty As for example that his Bishops and Archbishops went to Rome to receaue their confirmation and inuestitures there and sometymes were chosen also immediatly from thence as when in the yeare 1278. Robert Kilwarby Archbishop of Canterbury was made Cardinall by Pope Nicholas the third and the Monkes of Canterbury by request of the King had chosen his Chancellour the Pope would not admitt him but appointed an other to witt Iohn Peckam Prouinciall of the Franciscan friers in England who being admitted held the said Archbishopricke for 13. yeres vntill he dyed But as for confirmation and inuestitures no doubt can be made but all was to be had from Rome as expresly you may reade of the admission and consecration of VVilliam Archbishop of Yorke In Romana Curia coÌ„secratus saith VValsingam who was consecrated in the Court of Rome in this same yeare of 1278. by Pope Martyn the fourth that succeeded to Nicolas And the same Author affirmeth that the foresaid Iohn Peckam Archbishop of Canterbury being also consecrated in Rome did some two yeares after call a Councell at Reading commaunding all his Suffragan Bishopps to obserue exactly the decrees of the late generall Councell held at Lyons by Pope Gregory the tenth nor did King Edward mislike or repine any thing at this as neither he did at another Councell called by the same Archbishop Peckam in the yeare 1281. wherin he endeauored to force all Abbots and other exempted persons to come to the said Councell but saith Mathew VVestminster the Abbotts of VVestminsters S. Edmonds-Bury S. Albanes and of VValtham appealed from him to the Pope without any mention of the King which had beene iniurious vnto him if he had taken himself to haue had authority and that supreme in Ecclesiasticall affaires 15. Furthermore in the yeare of Christ 1295. being the 22. of King Edwardes raigne when the foresaid Robert VVinchelsey was first chosen Archbishop of Canterbury the sayd King sent him to Rome to be confirmed and consecrated by Pope Celestinus the fifth which soone after gaue ouer the popedome to Bonifacius the eight And three yeares after that againe to wit 1298. the Bishopricke of Ely being voyde and the greater parte of the Monkes hauing chosen the Prior of their Couent for Bishop the other party chose Iohn Langhton the Kings Chancellour who going to Rome by the Kings fauour coÌ„mendatioÌ„ to pleade his cause before Pope Boniface could not preuaile nor yet the Prior but that the said Pope gaue the Bishopricke of Ely to the Bishop of Norwich and the Bishopricke of Norwich to the Prior and the Arch-deaconry of Canterbury to the Kings Chancellour 16. Moreouer in the yeare 1305. when Pope Clement the fifth a French-man borne in the Diocese of Burdeaux was made Pope and came into France in person first of all others translating the Sea of Rome to Auinion where it continued seauenty yeares King Edward sent Embassadours vnto him the Bishops of Lichfield and VVorcester togeather with the Earle of Lincolne presenting vnto him Singula vtensiliae saith Mathew of VVestminster quibus ministraretur ei in Camera in mensa omnia ex auro purissimo All necessary plate for the seruice of his chamber and table of most pure gold And at the same time he sent two new Bishops elected for Yorke and London to be confirmed by him Quos dimisit ad propria consâ—â—â—â—â—tos saith our Authour whome the said Pope Clement sent home againe with their confirmation And finally when not long after the King fell out with the forsaid Archbishop of Canterbury Robert VVinchelsey for that he had shewed himself againe not so forward to follow his will in all things Dictum Robertum Cantuariensem saith VValsingham apud Dominum Papam accusauit Rex Anglia The King of England did accuse the said Robert Archbishop of Canterbury vnto Pope Clement the fifth that he was combyned with his enemyes c. for the which the said Archbishop was cited to appeare before the Pope and suspended from the execution of his office quousque de sibi impositis legitimè se purgaret vntill he should lawfully purge himselfe of the imputations layd against him by the King Whereby we see what authority this King did acknowledge to be in the Pope and Sea of Rome 17.
notorious and might be declared by infinite examples that â— remained now as before vnder all other Catholicke Princes For among other points we reade that when in the yeare of Christ 1312. Robert VVinchelsey Archbishop of Canterbury dyed the Monkes of that place according to the custome chose by the liking and procuration of the King one Thomas Cobham a man of eminent learning and vertue who going to Auinion in France where Pope Clement the fifth lay at that tyme to receaue his confirmation and inuestiture as the manner was in those dayes the said Pope told him that long before in the other Archbishops life he had reserued the collation of that Archbishopricke to himself for that tyme and therevpon pronounced that election to be voyde adding further this coÌ„sideration that England being â—â— that day in great troubles and disgust for that many Lords Barons had shewed their mislike against the King and the King against them it was needfull to haue in that place of Canterbury a man of great credit and experience in such affaires and therefore named one VVilliam Reynoldes Bishop of VVorcester and Chancellour of the Realme at that day and presently sent him both his inuestiture and pall wherewith the King and Queene being greatly contented were present at his consecration and so he liued and gouerned 19. yeares after in that Sea with great commendation So as we see that the restraint of Papall prouisions made at Carliele vnder this mans father was not yet put in practice 46. And the like reseruatioÌ„ we read that Pope Iohn the 22. made of the Bishopricke of VVinchester afterward in the yeare 1320. and therby did disanull the election made by the Monkes of that place with consent of the King and placed another of his owne choice which the King also after some time admitted So as this was very ordinary in those dayes We reade likewise that in the yeare 1324. a Parlament being called at London and King Edward growing now by euill counsaile of the Spencers and others into great disorder he caused one Adam Bishop of Hereford that fauoured not his proceedings to be arrested of treason brought forth publickely to be tryed laying to his charge that he had â—â—ceaued and fauoured diuerse of those Barons which had taken armes against him But the forsaid Archbishop of Canterbury and his brethren Bishops seeing this disorder made first humble supplication to the King that he might be tryed according to his place degree and that not preuayling they required the same by law according to the liberties and priuiledges of the Church confirmed by Magna charta other lawes of the Realme Whervpon he was deliuered to the custody of the said Archbishop of Canterbury but afterward he being called for againe by the instigation of such as were his enemyes and carryed to the barre the said Archbishop of Canterbury and the other of Yorke with ten other Bishops went thither in iudiciall maÌ„ner with their crosses borne before them commaunding vnder paine of excommunication that no man should stay him or lay hands on him and so tooke him away to the Archbishops custody againe Whereby we may see in what vigour Ecclesiasticall power was at this day in England And albeit the King being in passion did storme greatly thereat and seased presently vpon all the said Bishops goods and lands as he had done vpon those of the Bishop of Lincolne and of others before yet could he not deny but that this was law iustice which the Bishops did according to the Ecclesiasticall priuiledges of the Realme whervnto the King himself and all his ancestours in their coronations had solemnely sworne For breaking wherof it may be presumed that so great a punishment fell vpon him as soone after ensued to the horror of the whole world by depriuation both of his Kingdome and life And so much of him Now let vs see what instance M. Attorney can draw from him to his purpose It is but one and thus it runneth in his owne words The Attorney 47. Albeit by the ordinance of Circumspectè agatis made in the 18. yere of Edward the first and by generall allowance and vsage the Ecclesiasticall Courtes held plea of tythes obuentions oblations mortuaries redemptions of pennaunce laying of violent handâ— vpon a Clerke defamations c. yet did not the Clergy thinke themselues assured nor quiet from prohibitions purchased by subiectes vntill that King Edward the second by his letters parents vnder the great seale in by consent of Parlament vpon the petitions of the Clergy had graunted vnto them to haue iurisdiction in these cases The King in a Parlament holden in the â— yeare of his raigne after particular answers made to their petitions concerning the matter aboue said doth graunt and giue his Royall assent in these words We desiring as much as of right we may to prouide for the state of the Church of England the tranquillity and quiet of the Prelates of the said Clergy to the honour of God and the amendment of the State of the said Church and of the Prelates and Clergy ratifying and approuing all and singular the said answers which appeare in the said act and all and singular things in the said answeres conteyned we doe for vs and our heires graunt and commaund that the same be inuiolably kept for euer willing and graunting for vs and our heires that the said Prelates and Clergy and their Successours for euer doe exercise Ecclesiasticall iurisdiction in the premisses according to the tenour of the said answere The Catholicke Deuine 48. If a man would aske M. Attorney in this place why he hath brought in this instance and what he would proue therby I thinke verily he would be much graueled in answering especially if we respecte his principall Conclusion that by this and like presidence Q. Elizabeth might take vpon her supreme authority Ecclesiasticall for that by this narration nothing else is declared but that a certaine abuse being crept in that when any externall matter seeming any way to belong to temporalityes was handled in Ecclesiasticall Courtes and by Ecclesiasticall Iudges the party that feared or suspected his owne cause would informe the Kings Courtes that the matter belonged to them and therevpon would get out a prohibition from the Chauncery to sursease in that cause vntill it were tryed to which Court it belonged By which deceytfull and malitions proceeding of some much trouble was procured and many causes rested indetermined both in the one and the other Courte for so saith the Statute it self made in the time of King Edward the first this mans Father in these words VVhereas Ecclesiasticall Iudges haue oftentymes surceased to proceed in cases moued before them by force of the Kings writ of prohibition c. to the great damage of many as the King hath byn aduertised by the grieuous complaints of his subiects c. For this cause many orders and Statutes were
Power and the author therof c. 2. n. 2. Power spirituall and temporall and the different endes therof cap 2. n. 3. 4. deinceps per totum caput Power spirituall of the Church and pastors therof cap. 3. n. 10. Power spirituall more eminent than temporall cap. 2. n. 19. Premunire and the first beginning of that law cap. 12. n. 11. Priuiledges and franquises of Churches and monasteryes procured from the Pope cap. 6. n. 37.38 deinceps Priuiledges of the Abbey of Euesham cap. 6. n. 42. Of the Abbey of S. Albans ibid. n. 43. Priuiledges of Glastenbury-Abbey from Rome cap 6. num 45. Priuiledges of VVestminster procured by K. Edward the Confessor cap. 6. num 47. Priuiledges of Ecclesiasticall men in temporall courtes cap. 7. n. 18. alibi saepissimè Promotion of strangers to Ecclesiasticall dignityes in England cap. 10. num 21. 22. cap. 11. num 36. The inconueniences therof to Englishmen ibidem Protestants doctrine condemned by K. Henry the 8. cap. 15. num 15. Prouisions against bribing at Rome cap. 13. n. 21. Prouisions of Ecclesiasticall liuinges in England made by the Pope c. 12. n. 5. The CoÌ„plaintes therof by Englishmen ibidem The continuance of the same in England cap. ibid. n. 9. AgreemeÌ„t therabout made betweene the Pope and the Kinge cap. ibid. n. 21. Q. Queene Eleanour Mother to K. Richard the first her iorney to Sicily cap. 9. num 29. Her returne by Rome and busines there with the Pope ibid. num â— Her complaintes and petition to Pope Celestinus ibid. num 39.40 41. Queene Elizabeths spirituall authority giuen her by Parlament cap. 3. num 3. 4. The inconueniences and absurdityes that follow therof ibid. n. 4. 5. 6. cap. 4. num 27. Her singularity in that point ibidem num 28. Her supremacy mistiked by Protestants Puritans cap. 4. num 41. 42. 43 44. 45. 46. 47. 48. Causes that moued her first to accept of the Supremacy cap. 15. num 35. 36. Her conferenâ—e vvith Syr Fran. Inglefield ibid. num 37. Item with the Count of Feria the Spanish Embassadour ibid. num â—â— Her protestation about the Real-presence in the Sacrament ibidem n 39. Her ConfereÌ„ce with Mounsieur Lansacke the French Embassadour ibidem num 41. Her owne inclination towards Catholicke Religion ibid num 42. How she vvas drawne to great extremes and cruelty against Catholicks cap. 15. num 43. Queene Mary her raigne cap. 15. n. 3â— Her restoring of Catholicke Religion in England cap. 15. num 31. 32. R. Reasons that shew william the Conrour to haue alwayes acknowledged the Sea of Rome cap. 7. num 8.9.10 deinceps Recourse to Rome presently after Englands Conuersion about Ecclesiasticall affaires cap. 6. num 10,11 12. Recourse to Rome by the Kinges of England and Scotland in their greatest Controuersyes cap. 11. num 44. Recusancy of Puritans and the first cause therof cap. 16. num 5. Recusancy of Catholickes from the beginning of Q. Elizabeth raigne cap. 16. num 7. Reformation of the English Clergy by King Henry the 7. cap. 14. num 15. Reliques sent to King Osway of NorthumberlaÌ„d by Pope Vitalianus c. 6. n. 24. ResignatioÌ„ of inuestitures by K. Henry the first cap. 8. num 14. Restraintes of exercising the Popes Authority in England and how the same vvere first made cap. 2. num 41. cap. 10. num 25. cap. 12. num 35. King Richard the first his raigne c. 9. num 22. 23. deinceps His misfortunes ibid. num 23. His behauiour and oath at his Coronation ibid. num 25. His voiage to Ierusalem ibid. num 26. 27. His kingdome commended to the Popes protection ibid num 27. His mother sent from Rome to Sicily ibid. num 30. His letter to Pope Clement the 3. ibid num 31. His captiuity in Austria ibid. num 38. K. Richard the second his disorders cause therof cap. 21. num 42. His confirmation of Church-libertyes ibid. num 43. His obedience to the Church-Censures ibid num 47. S. Sanctuary graunted by the Pope to S. Iohns Church in London cap. 14. num 9. Denyed by the temporall iudges ibid. num 10. Scruple of Conscience vrged vpon M. Attorney cap. 16. num 14. Sectaryes not any vvay compared to Catholickes vvhy c. 1. n. 13.14 15. Sectaryes their vayne comendation of Truth cap. 1. num 16. Singularity of knovvledge in heretickes cap. 1. num 5. 6. 7 Statute in Parlament for giuing spirituall authority to Q. Elizabeth cap. 3. num â— â—â— â— 19. The absurdityes that therof ensue ibid. num 5. 6. 7. num 19.20 21. 23. 24. Statutes of K. Henry the 3. in fauour of the Church cap. â—0 num 27. Statute of Merton made by K. Henry the 3. cap. 10. num 39. Statute of Bigamy anno 4. Edouardi 1. cap. 11. num 30. Statute of Carliele made in the raigne of King Edward the first c. 11. n. â—9 Statute against Lollards cap. 13 n. 22. 23. Statute for reformation of the Clergy cap. 14. num 15. K. Stephen his raigne ouer England cap. 8. num 25. His oath for the libertyes of the Church ibid. num 27. His inconstancy by euill counsaile ibid. num 28. His violence vsed against Clergy-men ibid. His citation and appearance before the Bishops ibid num 31. Stigand Archbishop of Canterbury deposed cap. 7. num 9. Strangers their promotions to Ecclesiasticall dignityes in England and inconueniences therof cap. 10. num 21. 22. 23. cap. 11. num 36. Remedyes sought therof from the Popes of those tymes ibid. num 38. Supremacy Ecclesiasticall not possibly in a woman cap. 4. num 26. 27. Supremacy assumed first by K. Henry the 8. cap. 15. num 13.14 15. Also by K. Edward the 6 ibid num 26. Item by Q. Elizabeth ibid. num 34.35 36. 37. Suppression of the kinghtes of the temple cap. 11. num 43. Synne of heresy how great and greiuous cap. 16. num 26 27. T Tenantes of the Church priuiledged  A straÌ„ge attempt to impugne Catholicke religion by Catholicke Princes lawes in EnglaÌ„d The importance of M. Attorneys Plea The singularity of M. Attorneyes paradox Ciâ— Tuscul q. 3. M. Attorney chalenged of his promise The Author promiseth all modesty in this answere M. Attorney bound in conscience and honour to enforme a nevv his Maiesty * M. Garnet M. Attorneyes ouerlashing in speech Math. 5. Math. 12 The Diuelâ—s sinnes in â—â—pting Adam M. Garnetts case Hovv things heard in confessioÌ„ may not be vttered by Catholick doctrine A partition not afterward performed M. Garnet an honest man by M. Attorneyes warrant M. Attorneyes wit in making a bloudy law to be a sweet lavv About Equiuocation About the antiquity vniuersality of the Protestant Church A straÌ„ge discourse of M Attorney about his Church * Many all 's A theologicall argumet for the Roman Church Mar. vltimo Iâ—an 14. 10. Mat. 10. 1 Timo. 3.
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
by me ansvvered For as for the other parte concerning treason and the vvhole Act of the late arraignement about the same I haue of purpose forborne to speake as vvell for that it is a matter not appertayning to my facultie as also in regarde of the devv respect I beare both vnto the lavves and customes of my countrie my Princes person and the honour of that great assemblie in all vvhich I haue nothing to complaine of all hauing passed by order but onlie of your extrauagant excursions to confoūd religion and treason togeather nay to make religion the fountaine of treason and therby to inuolue vvithin the hatred of treason all those that by conscience are tyed to that religion be they neuer so innocent than vvhich there can be no greater iniquitie imagined 49. VVith M. Garnets particular cause I vvill not meddle in this place he is gone to his last Iudge before vvhome also you and others that haue had parte in the handling therof must finallie appeare to see confirmed or reuersed vvhatsoeuer hath passed in that affaire As for that vvhich you others so often vrged against him to confesse that he vvas lavvfullie condemned by the tēporal lavv of the land importeth little for the impayring of his innocencie before almighty God You knovv vvho said in a farre vveightier cause concerning the tryal of our Sauiour himself VVe haue a law and according to this law he ought to dy for that he hath made himselfe the sonne of God and their error vvas not so much in the obiect as in the subiect for as for the lavv it self vve fynd it in Leuiticus that blasphemie vvhereof the highest degree vvas for a man to make himself God vvas punishable by death but the subiect to vvit the person of our Sauiour vvas mistaken they esteeming him to be onlie man vvhereas they ought to haue knovvne that he vvas God and man as vvell in respect of the predictions of al the Prophets foretelling that Christ should be the sonne of God as also of his stupendious actions that proued him to be trulie Christ so as though the lavv alleadged by the Ievves against blasphemie blasphemers vvere true and in force of it self yet held it not in the person of Christ but vvas in the highest degree iniurious as all Christian-men must confesse 50. Let vs see then hovv from this case of the maister some light may be dravvne to that of his scholler and seruant You M. Attorney pleaded against him as the Ievves Attorneyes did against our Sauiour and said Nos legem habemus c. vve haue a lavv that vvhosoeuer reuealeth not treason by such a space shall be accessarie of treason and dy as a traytor nor do vve deny the lavv or complaine thereof but yet if this case vvere pleaded in a forrayne Catholicke countrie vvhere the prisoner also shoulde haue his Attorney allovved him he vvould saie on the other side Nos legem habemus superiorem Ecclesiasticam Diuino iure intentam qua sacerdos neque mori neque puniri debet ob proditionem sub confessionis figillo cognitam non reuelatam vve haue a contrarie lavv to vvit an Ecclesiasticall and spirituall lavv higher then your temporall and a lavv founded on the lavv of God vvhereby it is ordeyned that a Priest shal neither dy nor be punished nor be accompted traytor for treason discouered vnto him vnder the seale of confession and not by him reuealed nay he shal be punished that most grieuouslie if he doe for anie cause reueale the same 51. And this plea of the prisoners Attorney vvhich by Catholicke doctrine and schooles is easilie proued in all the partes or members heere set dovvne vvould presentlie haue bene admitted in all Catholicke Countries and Courtes and in ours also vvhiles our Kings and people vvere of that religion and your temporall lavv vvould haue byn put to silence Oh you vvill saie but novv it is othervvise and vve care not for your Ecclesiasticall lavv VVherevnto I ansvvere Veritas autem Domini manet in aeternum If this lavv be foūded in Gods truth vvas left vnto his Church by Christ himself the fountaine of al truth for the honour and defence of his Sacrament of Confessiō as al ancient diuinitie doth affirme then must it for euer endure immutable and novv and then heere and there this countrie and that countrie this and that alteration of religion or Princes temporall lavves must not alter the case or substance of truth either in Gods sight or vvise mens eyes and so M. Garnets case dying for this truth in England novv is no vvorse then if he had dyed a thousand yeares gone for the same either in England or any other Cath. countrey that is to say he dying only for the bare cōcealing of that vvhich by Gods and the Churches Ecclesiastical lavvs he could not disclose giuing no cōsent or cooperation to the treasō it self should haue byn accōpted rather a martyr then a traytor no lesse novv 52. VVhich being so cōsider I besech you M. Attorney vvhat a different reckoning there is like to be betvveene you tvvo at your next meeting in iudgement you knovv somvvhat by experience hovv dreadful a thing the forme of publicke iudgement is but not so much as some others for that hitherto it hath byn stil your lot to be actor not reus predominant both in vvordes povver and consequently terrible nothing terrifyed but vvhen the time and case shal come vvherof the holie-ghost foretelleth vs Stabunt iusti in magna constantia aduersus eos qui se angustiauerunt Iust men that vvere ouerborne in this vvorld shal stand vp boldly vvith great constancy against those that ouerbare them and vvhen the saying of our Sauiour shal be fulfilled that euery man shal receaue be treated according to the measure wherby he hath measured to others then vvil be the day of woe neither doe I say this M Attorney to condemne your office I knovv that in all tymes vnder all Princes your office of Fiscal-Aduocate or Attorney hath byn in vse for the Princes seruice and good also of the Common-vvealth if it be vvell and moderatelie vsed but yet I cannot but friendlie put you in mind of that vvhich holie S. Gregory doth admonish vvhere he handleth the cause and reasons vvhy S. Peter S. Andrew S. Iames and S. Iohn retourned to their art of fishing after the Resurrection of our Sauiour but not S. Matthew to his Custom-hovvse to vvit that certaine artes and occupations there are more dangerous farre the one then the other as more subiect and incident to greater sinnes 53. In vvhich kinde trulie Sir if any office in the vvorld be daungerous in deed yours may be accompted in the highest degree that hath euery day almost his finger in bloud or in particular mens afflictions and ouerthrovves And albeit the act of iustice be laudable necessarie yet the Actor
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
and if they bee good and equall it is a publike benefit but much more if they be well executed by a iust Prince which importeth more than writen lavves For that he as M. Attorney confesseth is the soule of the law that giueth life who also without writen lawes either municipall or Imperiall may administer iustice by law of nature and nations if he will What speciall or singular commodity then is here shewed to issue out of the municipall lawes of England aboue others that they should be called our ancient best inheritance Yea as he addeth after in matters of greatest Importance meaning therby our soule saluation Is not this an ouerlashing is not this an egregious hyperbole Do not subiects in Scotland France Italy Spaine and other places enioy their goods in peace and quietnes and their liues and deare countreyes in safty as wel by their lawes Imperial as we do by our municipall Yes and much more if we will beleeue them and their learnedest this vpon some attent consideration of euents which dayly they heare and reade of many men both great and small to haue bin ouerthrowne and condemned in our countrey both in liues liuinges which they thinke by their Imperiall lawes were impossible And one only circumstance of English tryall in life and death to omit the rest doth leaue them astonished to witt that be he neuer so great a man yet for his life and landes honour posterity he may not haue that allowed him which in an action of fiue poundes renr or lesse he should obteyne which is a learned lawyer or aduocate to speake for him at the barre but that all the Princes officers and learned Counsell shall plead against him exaggerating matters to the vttermost and he only suffered to speake for himself and that in measure who for lack of skill or memory or tyme to consider or boldnes to speake or talent to vtter well his meaninge may there betray and ouerthrow both himself his whole posterity in his owne defence 24. And finally the last vpshot being of that dreadfull action to commit the matter to a iury of vnlearned men that must giue their verdicts openly and by consequence vpon the same causes before mentioned of error feare hope or other passion the Prince being alwayes on part interessed may easily be led finistrously to the prisoners condemnation All which inconueniences being carefully prouided for by course of other lawes do make forreine learned men to thinke that ours are more defectiue than we persuade our selues and that it may easily be beleeued that they were made indeed by a Conquerour And I could haue byn glad that M. Attorney in this place had alleaged some singular thing in their extraordinary commendation for that the enioying of our goods liues lands and contrey by them which he mencioneth are very ordinary and vulgar commendations and common to all lawes in generall that euer were made by reasonable men And yet do we not deny but that our English lawes for the whole corpes and dryft therof are very commendable especially where the spirit and meaninge of the first founders is obserued by the followers yet want there not by graue mens iudgments many considerable points that might be better rectified and namely concerning the imperious and dominant maner of proceeding of many lawyers and their exorbitant gaines which yet perhaps M. Attorney will place among the cheife commendations of our said common lawes 25. In the other point also of remitting men for the knowledg of their euidence ancient birth-right in some pointes of greatest importance to faithful Counseloures that will resolue them fully without feare affection or corruption if he meane by these Counseloures as he doth those Iudges and Sages of the Common-law from whom he hath taken these peeces against Ecclesiasticall Iurisdiction which after he hath set downe I must needs saie that it is litle to the purpose For albeit now they be dead he may well saie as he doth that they cannot be daunted with any feare moued by any affection or corrupted with any reward yet when they were aliue gaue their resolutions which he saith they did it is hardly credible that they were soe deuoide of those passions as he would make them they being no Saintes but wordlie men that sought their aduauncement vnder their Princes by pleasing their humours as lawyers of our tymes do wherof I could alleadg many examples and some perhaps we may touch after in their due places Now it shal be sufficient to remember that in diuerse Kings daies after the Conquest the cheife cōplaints of the people were against their cheife Iusticers would God wee had not the like cause now who in those times most gouerned the state or abused rather the same as the examples of Hubert de Borgo and Robert Tresilian cheif Iustices vnder K. Henry the third and Richard the second and both of then punished publiklie for their wickednes doe testifie And in the begining of K. Edward the third his raigne I read of a complaint made by the King and the whole Parliament that his father K. Edward 2. had byn induced by euil Counsellours which in that case may iustlie be presumed to haue byn his Iudges and lawyers to sease into his hands the temporaltie of diuerse Bishopricks c. Which for the time to come he promised not to doe And finallie after that againe when the contention and controuersie between the two potent houses of Lancaster and Yorke began and endured for almost 100. years I find few Iudges or great Sages of the common-law to haue lost their liues therin for anie side or partie as manie Dukes Earls Barons knights yea and some Bishops also religious did Which is a signe that those Sages were to wise to oppose themselues to anie sorte of Princes whatsoeuer but could accommodate themselues to all and draw the birth-right of laws to the establishing of any Kings right that by his sword could get the possession 26. But to prosequute these matters no further in this place I am only to adde for conclusion of all that the true ancien◠birth-right aud best inheritance of English subiects indeed i◠their right to Catholique religion which was first planted amonge them from the Sea of Rome by the singular zeale of holy Pope Gregory the first a thousand years gone and continued without interruption to our dayes as afterwards shall be shewed and that for seeking out and cleering the euidence of this right they ought to be diligent and to spare no labour paine or industrie for that therof dependeth their eternall saluation or damnation which doth not of the knowledge or not knowledg of the common law and that for certifyinge themselues in this point they ought to repaire to faithful Counsellers indeed who are the ancient Fathers and writers of Gods Church in euery age who being not only wise and learned but holy also may securely be
tyme but the quite contrary CHAP. VI. THov hast seene and considered I doubt not gentle and iudicious Reader how M. Attorney in the former Chapter hath byn grauelled in prouing his affirmatiue proposition that our Kings before the Conquest tooke supreme Ecclesiasticall Iurisdiction vpon them and acknowledged it not in the Pope or Sea of Rome For proofe wherof he brought forth two such poore and petite instances as they being besides their weaknes impertinent and vntrue and not subsisting in their owne grounds they were no more for perfourmance of his promise of cleere and demonstratiue proofes then if a man being bound to pay ten thousand pounds in pure and current gold should bring forth two mites of brasse for discharge of his band And surely if M. Attorney should haue failed soe some yeares gone before he was so wealthie as that taking vpon him with so great an ostentation to proue an affirmatiue assertion of so mayne importance and consequence as this is he should haue performed no more then he hath here done he would neuer haue attained by law to the preferment he hath But now◠perhaps he persuadeth himself that by his only credit already gotten he may say what he will and proue as little as he list because by only saying he shall be beleeued 2. But on the contrary side we require proofes offer proofes gentle Reader for that the matter is of singular great weight euen for thy soule we rest not in ostentation of wordes only but in probation of deedes And though we might remaine sufficiently with the victorie for that our aduersarie resteth with so apparent a foyle in the proofe of his forsayd affirmatiue yet that you may see and behold as in a glasse the difference of our cause and confidence therin I haue thought conuenient out of the great aboundance and variety of proofes that our truth hath in this controuersie as well as in all others betwene vs and Protestants to take vpon me to proue the negatiue against M. Attorney which of it self is euer more hard as you know than to proue an affirmatiue except euidence of truth doe facilitate the matter as in our case and to proue and make euident by sundry sortes of cleere and perspicuous demonstrations nyne or ten at the least that during the tyme before the Conquest no one of all our Christian English Kings exceeding the number of an hundred as before hath been said did take vpon them either to be heads of the Church or to be supreme gouernours in Ecclesiasticall causes or to haue any spirituall Iurisdiction al deriued from the right of their Crownes or denyed this to be in the Pope Bishops only or did make any Ecclesiastical lawes concerning spirituall matters and consequently that this Treatise of M. Attorney Of the Kings Ecclesiasticall law doth apperteine no more vnto them in realitie of truth than to the man in the Moone to gouerne the heauens For that they neuer so much a◠dreamed of any such thing nor of any one of the forsaid clauses of spirituall power Iurisdiction to belong vnto them which heere shall brefely be proued with such variety of demonstrations taken out of their owne words dedes decrees actions as I doubt not but will make more then morall euidence The first Demonstration 3. The first Demonstration may be taken from the consideration of all the auncient lawes made by Christian Kings in our Countrey before the Conquest euery one in his seuerall State and Dominion according to the tymes and places they raigned in and gouerned their Commonwealthes both Britanes Saxons and Danes and among the Saxons againe their Kings and Princes in euery of their seuerall Kingdoms about which point Malmesbury writeth thus of the noble King Inas Porrò quantus in Dei rebus fuerit indicio sunt leges ad corrigendos mores in populo latae in quibus viuum ad hoc tempus puritatis suae resultat speculum How great a King Inas was in Gods affaires the lawes which he made to correct the manners of his people doe sufficiently declare in which vntill this day there is seen as in a liuely glasse the said Kings purity of mynde And the like lawes no doubt other Kings also made in their Dominions all which remained afterwards to their posterity vnder the names of Mulmutian lawes For the lawes of the Britans as also the lawes of the Mercians called in their tongue Mercen laga and of the West-Saxons called VVest-saxen laga and of the Danes named Dan laga stood in force vntill England came to be a Monarchie when the first authour of the said Monarchie King Egbert began first to drawe them into one body of conformity But after him againe K. Edgar surnamed the peaceable and wise King confirmed the same and sett them forth but by the warrs and confusion of the Danes which after his death ensued they were for the most part put out of vse againe vntill K. Edward the confessor recalled them encreased and made them perfect and by the counsaile of his Peeres and Realme did frame a new ordination of the same lawes which remained afterwards vnder the name of K. Edward his lawes and were so much approued and loued by the people as Iohn Fox also out of Mathew Paris doth affirme that the common people of England would not doe obedience to VVilliam Conquerour but that first he did sweare to keepe these lawes which oath notwithstāding saith he the Conquerour did afterward breake and in most points brought in his owne lawes So Fox which if it be true yet is it to be vnderstood principally of his lawes appertayninge vnto secular men for that in the rest which concerned the Church her priuiledges he followed absolutely the lawes of K. Edward as in the next Chapter shall appeare where we shall sett downe the said Conquerour his lawes in this behalfe which are as fauourable and respectiue vnto Ecclesiasticall power and persons as of any one King eyther before or after him 4. Wherevpon it followeth that M. Attorney who so often iterateth this worde of auncient and most auncient common-lawes of England which as he saith but cannot proue did authorize Q. Elizabeth her spirituall Iurisdiction ouer the Church speaketh but in the ayre and at randome beating vs still with the empty sound of these words without substance For in reall dealing he should haue alleadged some one law at least to that purpuse out of all these before the Conquest if he had meant to be as good as his word 5. But this he cannot doe as already you haue seen by his two poore instances and we doe shew on the contrary side that all these and other lawes of these dayes were for vs in the fauour of Catholike Religion and particularly for the liberties franquizes priuiledges exemptions and immunities of the Church and Clergie according to the Canons and Decrees of the Popes Ecclesiasticall law
partly also by incitation of flatterers that seeke to feed nourish Princes humours in that behalfe he began to lay his hands vpon Inuestitures of Bishops by giuing them Annalum baculum for their induction to their benefices saying that his Father and Brother before him had vsed and exercised the same But S. Anselme Archbishop of Canterbury newly retourned into England with other Bishops opposed himself against the same as a thing vnlawfull and condemned by the Canons of the Church and namely in the late Councell of Bary where himself was present as before hath byn shewed and this contention grew to be so stronge as the next yeare after being the third of K. Henryes raigne the said holy man was forced againe to appeale to Rome to Pope Pascalis and thervpon to leaue the land and once more to goe into Banishment where he liued three years going and returning often from Lions to Rome say Malmesbury Florentius and Houeden about this matter And the first of these three doth set downe diuers epistles of Pope Pascalis both to Anselme the Archbishop and to K. Henrie himself wherin he telleth him first why he could not graunt vnto him the authority of inuesting Bishops which by his letters sent by Clarke VVilliam he had demaunded saying Graue nobis est quia id à nobis videris expetere quod omnino praestare non possumus c. It greiueth vs much that you seeme to demaund at our hands that which no wayes we can graunt for if we should consent or suffer inuestitures to be made by your Excellency it would turne no doubt to the exceeding great daunger both of you and me before God c. Secondly he exhorteth him earnestly to admit S. Anselme to his Bishopricke and fauour againe Prospice fili Charissime vtrum dedecus an decus tibi sit quod sapientissimus religiosissimus Episcopus Anselmus propter hoc tuo lateri adharere tuo veretur in Reguo consistere Qui tanta de te bonae hactenus audierant quid de te sentiant quid lequentur c. Consider my most deere child whether this be an honour or dishonour vnto you that so wise and religious a Bishop as Anselmus is should feare for this cause to liue with you or to remaine in your Kingdome What will men thinke or say of you who hitherto haue heard so great good of your proceedings Thus he and much more which for breuity I omit from his pallace of Lateran vpon the 9. day before the Kalends of December 11. But not long after to wit vpon the yeare 1106. which was the sixt of K. Henryes raigne he being in some difficultyes in Normandy in respect of the warrs he had there against Duke Robert his brother and many great men that tooke his parte and perceiuing great discontentments to be likewise in England as well 〈◊〉 regard of the absence of their holy Archbishop Anselme as of the greiuous exactions which he had made vpon them Non facâ—â—â— potest naerrari miseria saith Florentius quam sustinuit isto tempore â—errâ— Anglorum propter exactiones Regis The miserie can hardly be declared which England did suffer at this time by the Kings exactions All these things I say being laid togeather God mouing his heart to turne to him for remedy he thought best to goe to the monastery of Becke in Normandy where Anselme remayned in continuall fasting and praying for his amendment And there agreeing with him to stand no more in these matters of Inuestitures or any other spirituall iurisdiction he willed him to returne securely into England to pray for him in his Archbishopricke and so he did 12. And this being vpon the Assumption of our B. Lady to wit the 15. of August the K. confident now of Gods fauour as it seemeth vpon this agreement gathered presentlie an armie against his enemies vpon the vigil of S. Michael next ensuing entring battaile with them had a singular victorie tooke therin both Duke Robert his brother VVilliam Earle of Morton Robert Earle of Stutauill VVilliam Crispin and all the head Captaines of Normandy with them wherof presently the King wrote letters of ioy to Archbishop Anselme in England saith Florentius And the next spring abouâ— Easter returned into England with the said prisoners and left Normandy wholie gained vnto him and to his Successours 13. And vpon this he calling togeather vpon the first of August and 7. yeare of his raigne all his Lords both spirituall and temporal consulted for three daies togeather with them not admitting S. Anselme to that consultation least his authoritie might seeme to haue ouer-borne the matter what it was best to doe in that case of inuestitures which he had before vsed albeit diuers saith Florentius did exhorte him not to obey the Pope in this but to retaine the vse which both his Father and brother had practised yet others alleadging the Censures both of Pope Vrbanus and Pascalis against the same and that they left vnto the King all other priuiledges and regalityes the King on the 4. day causing Anselmus to be present Statuit saith Florentius vt ab eo tempore in reliquum nunquam per dationem baculi pastoralis vel annuli quisquam 〈◊〉 Episcopatu aut Abbatia per Regem vel quamlibet laicam manum in Angliâ— inuestiretur The King with his Counsell did decree for that time forward that no man in England should be inuested of any Bishopricke or Abbey by the King or by any lay mans hand or power with giuing him the pastoral staffe or ring as sometymes had byn accustomed And this was done in obedience of the Canonicall constitution made in the Councell of Bary against such inuestitures as we haue declared 14. Aud thus was that controuersie ended which was the only controuersie of importance that this K. Henry had with the Sea of Rome during the tyme of his raigne which Malmesbury then liuinge recounted as done of conscience saying Inuestituras Ecclesiarum post multas controuersias inter eum Anselmum Deo Sancto Petro remisit Hee did release againe to God and to S. Peter the Inuestitures of Churches after many controuersies had there about with Anselmus Which he did perfourme so syncerely from his heart as afterward Anselme being dead and he marrying his only daughter Maude to the Emperour Henry the 5. vpon the yeare 1114. he seemeth to haue induced his sonne-in-law the Emperour to remit also the said inuestitures to Pope Calixtus for which his Father and grand-father had held so longe and scandalous broyles with the precedent Popes yea and himself also that is to say this Emperour Henry not long before going to Rome with a mayne army had taken prisoner and held for certayne dayes Pope Paescalis that sate before Calixtus therby to force him to graunt and confirme the said Inuestitures which now vpon a better mynd he gaue ouer againe For this I
ratas haberet donationes quas fecerat Rex in Eboracensi Ecclesia Dominus Rex redderet ei Archiepiscopatum suum cum omni integritate c. These Bishops were to demaund in the spirit of humulity on the Kings behalfe that the said Archbishop would ratifie and make good all the donations or gifts which the King had bestowed in the Church of Yorke during the time he had with-held his Archbishopricke that there vpon the King would restore vnto him his Archbishopricke with all integrity But the Archbishop demaunded first of these Bishops sent vnto him whether they would vnder their hands and writings assure him that he might doe it in conscience but they refusing he refused also to graunt the Kings request and therevpon appealed againe to Rome and went thither in person and the King on his side sent Proctors and Aduocats thither to plead for him as Houeden at large declareth And moreouer to bridle him the more he besought the Pope to make Hubert then Archbishop of Canterbury Legat of the Sea Apostolike ouer all England 47. And agayne both this Author and Nubergensis doe declare how the foresaid VValter Archbishop of Roane that had byn so great a friend of K. Richard euer since the beginning of his raigne and had gone with him to Sicily and returned againe to England for pacifying of matters between the Bishop of Ely that was Gouernour the Earle Iohn and moreouer had also byn Gouernour of England himself after King Richards Captiuitie had not onlie laboured for him as you haue heard by his letter to the Pope but went also in person to assist him in Germanie and remained there in pledg for him this man I say receiuing disgust at length from the said King for vsurping vpon certaine lands and liberties of his in Normandy he brake with him appealed to the Pope went to Rome against him and the King was forced to send Embassadours to plead for himself there against the other who pleaded so well saith Nubergensis alleadging the Kings necessitie for doing the same as the Pope tooke the Kings parte and tolde the Bishop openlie in publike Consistorie that he ought to beare with the King in such a necessitie of warre which being once past matters might easilie be remedied And thus much for the Popes authoritie acknowledged and practised during the raigne of this King Richard the first out of which M. Attorney found no probable instance at all to be alleadged to the contrarie and therfore made not so much as mention of any OF THE RAIGNE OF KING IOHN VVho was the seauenth King after the Conquest §. III. 48. Of this King being the last sonne of K. Henry the second we haue heard much before vnder the name of Earle of Morâ—â—â— which may declare vnto vs the quality of his nature and condition to wit mutable and inconstant but yet vehement for the while in whatsoeuer he tooke in hand indiscreet also rash and without feare to offend either God or man when he was in his passion oâ— rage This appeareth well by his many most vnnaturall and treasonable actions against his kind and louing Father whilest he liued wherby he shortened his said Fathers life as before hath byn related And the same appeareth yet more in a certaine manner by his like attempts against his owne brother both when and after he was in captiuity which brother notwithstanding had so greatly aduaunced him and giuen him so many rich States in England as he seemed to haue made him a Tetrarch with him say our English authors that is to say to haue giuen him the fourth parte of his Kingdome which notwithstanding was not sufficient to make him faithfull vnto him 49. This man then succeeding his brother Richard with whom he was beyond the seas when he died laid hands presently on the Treasure and fortresses of his said brother and by the help of two Archbishops especially to wit VValter of Roane in Normandy and Hubert of Canterbury in England he drew the people and nobility to fauour him and was crowned first Duke of Normandy by the one and then King of England by the other when he was 34. yeares old and held out in the said gouernmeÌ„t with great variety of state and fortune for 18. yeares old togeather The first six with contentment good liking of most men the second six in continuall turmoile vexation and with mislike of all and the thiâ—d six did participate of them both to wit good and euill though more of the euill especially the later parte therof when his nobility and people almost wholy forsakinge him did call in and crowne in his place Lewes the Dolphin Prince of France pretended to be next heire by his wife the Lady Blanche daughter to the said K. Iohns sister Queene of Castile which brought K. Iohn to those straites as he died with much affliction of mind as after you shall heare 50. To say then somewhat of ech of these three distinctions of tyme noting some points out of them all that appertaine to this our controuersie with M. Attorney you haue heard in the end of K. Richards life how VValter Archbishop of Roane appealed to Pope Innocentius against the said King for seasing vpon certaine lands of his and namely the Towne of Deepe which Innocentius commaunding to be restored K. Iohn obayed and made composition with the said Archbishop vpon the yeare of Christ 1200. which was the second yeare of his raigne as Houeden reporteth restoring him Villam de Depa cum pertinentijs suis The Towne of Deepe with the appurtenances and diuers other things which the said author setteth downe shewing therby the obedience of K. Iohn to the Popes ordination 51. Moreouer there falling out a great controuersie between Geffrey Arcbishop of Yorke K. Iohns brother and the Deane and Chapter of the said Church and both parties appealing to Rome Pope Innocentius appointed the Bishop of Salisbury and Abbot of Tewxbury to call them before them in Church of VVestminster and determine the matter so they did made them freinds the King not intermedling in any part therof though the matter touched his brother and concerned his owne Ecclesiasticall supremacy if he had persuaded himself that he had had any And the verie same yeare the Bishop of Ely and the Abbot of S. Edmunds-bury were appointed Iudges by the said Pope in a great cause between the Archbishop and monks of Canterbury which they determined publikelie Vt Iudices à Domino Papa constituti saith Houeden as iudges appointed from the Pope without any dependance of the King at all though their cheife controuersie was about the priuiledges and proprieties of lands lordships and officers of theirs to wit of the said Archbishop and Monkes 52. And wheras the foresaid Hubert Archbishop of Canterbury with the rest of the Bishops summoned a generall Synod in England for ordaining many thinges according to the neede or
of Parlament was that whosoeuer hereafter should attempt or procure any such prouisions he should be out of the Kings protection whereby euerie man might lawfullie kill him c. 35. And in the same Parlament the like and many other inconueniences are represented against reseruations of benefices by the said Sea Apostolicke and Bishops therof whervpon it is decreed by the King and his great men and Commons that the said reseruations shall not bee suffered or admitted for the time to come as a thing not due to the Sea Apostolicke But that all Archbishops Bishops and other dignities and benefices Electorie in England shall bee permitted to free election as they were graunted by the Kings progenitours founders therof and the auncestors of other Lords that had founded any such benefices and might haue reserued to themselues as Patrons and founders the presentations there vnto 36. Moreouer Complaint being made by diuers of the Kings people that many were greatlie troubled and drawne out oftentimes of the Realme by vnquiet and litigious people that made appeals to Rome to answere to things wherof the Conusaunce pertained to the Kings Court c. It was assented and accorded by the King and by the great men and Commons that whosoeuer should draw any man out of the Realme in plea wherof the Conusaunce pertained to the Kings Courts should incurre the daunger of Praemunire And finallie that no man presume to cite sue vex molest any by Censures procured from the Popes Courte against any for obseruing these laws and like other ordinances vpon paine of seuere punishment c. 37. To all which we answere that diuers circumstances may bee considered about these Statutes Ordinances and Decrees as well of the times and persons as of the occasions causes and manner of doing And to begin first with the last it may bee that either all or some parte of these restrictions might be made by some kind of consent or toleration of the Popes themselnes vpon the often representing of the inconueniences which we haue seen before made by diuers Princes from K. Henry the 3. down-ward and the answers as well of Innocentius the 4. as other Popes that the said inconueniences should be remedied And to the same effect putteth downe VValsingham this K. Edwards letters at seuerall times to sundry Popes for that end And vpon the yeare 1373. â—hich was the 47. of his raigne long after the making of these Statutes he sent againe to Gregory the 11. to intreat his consent and good will to the same Rex Edwardus saith Walsingham eodem anno misit Ambassiatores ad Dominum Papam rogaus câ—m c. The same yeare K. Edward sent Embassadours to the Pope praying him that he would be content to surcease from prouiding benefices in England that Clerks might enioy their rights to Ecclesiasticall dignities by elections as in old time they were accustomed So as heere we see that the King pretended right by ancient custome in these affaires Neither did this Pope altogeather deny it For VValsingham addeth super quibus articulis nuncij à Papa certa recepêre responsa c. vpon which articles the Kings messengers receiued from the Pope certaine answers of which they should informe him at their returne that nothing should be determined vntill the King had written againe his mind more fully vnto the said Pope And then in the next yeare after he saith as before you haue heard that the Pope and the King were agreed vpon these and like points 38. And if this were so at this time then may it be presumed also that before vpon the 25. yeare of his raigne when he first made those Statutes of restraint he had also some secret consent or conniuency of Pope Clement the 6. or Innocentius the 6. that immediately ensued him to the same effect at least wise for the ceasing of prouisions and reseruations except only vpon great and weighty causes for in such cases we find that they were vsed also afterward and that ambitious busie and troublesome people that should deceitfully procure such prouisions or rashly and vniustly appeale or molest men with Citations Censures and the like should be punished And this was a thing so needful oftentymes as S. Bernard himself that liued vnder King Henry the first and writing to Pope Eugenius that had byn his scholler of the great abuses of troublesome appellatioÌ„s in his dayes wisheth him as on the one side to admit all due appellations which of right were made vnto him and to his tribunall from all partes of the world so on the other side to punish them that made them vniustly 39. All which being considered togeather with the time before noted wherin K. Edward made these restraints to wit when he had great warrs in France for challenge of the Crowne and no small iealousie with the Popes Cardinals and Roman Court as being all or the most parte French at that day and residing in Auinion in France the continuall clamours also of his people much exaspered by certaine particular abuses and excesses of some Ecclesiasticall officers the maruaile is not so great if he tooke some such resolution as this de facto at least for satisfying especially of the laity who were most instant in the matter Yea by whom only it seemeth to haue byn done For that in none of these Statutes is mentioned expressly the consent of the Lords spirituall but of the King and Great men Magnatum in Latin and of the Communalty which is repeated in euery of the forsaid Statutes except one where is said The King by the assent and expresse will and concord of the Dukes Earles Barrons and the Commons of this Realme did determine c not mencioning at al the Bishops Archbishops Abbots and other Ecclesiasticall Prelates that had right of suffrage in those Parlaments and consequently how far this probation de facto doth proue also de Iure I leaue to the Reader to consider 40. Only we conclude that howsoeuer this was either by right or wrong for the manner of determining certaine it is that King Edward did not therby diminish any way his opinion or iudgment of the Popes spirituall authority as may appeare by al his other actions writings to the same Sea afterwards and of his respectiue carriage and behauiour not only towards the Popes but to his owne Clergy also in England in all matters belonging to their superiority Ecclesiasticall In proofe wherof vpon the very selfsame 25. yeare of his raigne wherin the former Statutes of restraint were decreed against such of his subiects as should offend therein he made another Statute intituled A confirmation of all libertyes graunted the Clergy And after ward vpon the 31. yeare another Statute intituled A confirmation of the great Charter and of the Charter of the Forrest Which great Charter containing the priuiledges libertyes and superiority of the Church is confirmed by him againe in
cases of heresie hath no substance in it at all for so much as you see it was directed by the Canon law long before K. Henry was borne 15. Wherefore to his last instance that the Pope cannot alter the laws of England I answere it is true touching temporall laws for they are to be made or altered by the English Prince and Parlament but Ecclesiasticall laws of the Church if they be positiue not deuine he might in all those auncient times vpon iust causes alter as I thinke M. Attorney will not deny and then by good consequence if it be true which euery where he striueth to proue that Ecclesiasticall laws though made by the Pope are laws also of England and may be called English lawes when they are admitted in England it followeth I say against himself in this assertion that the Pope might alter the lawes of England in that he might alter those Canon-lawes that were admitted in England thereby made English lawes The Attorney 1. The Iudges say that the Statutes which restraine the Popes prouisions to the benefices of the aduowsons of spirituall men were made for that the spiritualty durst not in their iust cause say against the Popes prouisions so as those Statutes were made but in affirmance of the common laws 2. Excommunication made by the Pope is of no force in England and the same being certified by the Pope into any Courte in England ought not to be allowed neither is any certificate of any excommunication auailable in law but that is made by some Bishop in England for the Bishops are by the common laws the immediate officers ministers of iustice to the Kings Courts in causes Ecclesiasticall 3. If any Bishop doe excommunicate any person for a cause that belongeth not vnto him the King may write vnto the Bishop and commaund him to assoile and absolue the party 4. If any person of religion obtaine of the Bishop of Rome to be exempt from obedience regular or ordinary he is in case of Premunire which is an offence as hath byn said contra Regem Coronam Dignitatem suam The Catholicke Deuine 16. I haue conioyned three or foure obiections togeather for that indeed all make not the due waight of one Wherfore to the first I answere that little it importeth to our controuersie what those Iudges said why the Statutes were made against the Popes prouisions in affirmance of the Common-laws for this may be said of euery new Statute whatsoeuer that it is made in affirmance of ancient Common-law albeit the said law supposed to be common no where appeare nor any reason proofe or probability be alleadged why it should be Common-law before that fact or Statute appeared So as this Common-law is now by M. Attorney made so common as it cometh to be Ens transcendens embracing all that is or can be deuised by any of his Iudges or Reuerend Sages or rather he maketh it Ens rationis or a meere Chymera that as Logitians hold hath no essence or being at all à parte rei but only in imagination For seing that the Popes prouisions had endured in England for so many ages before as all doe and must graunt how may the common law be presumed all that while to haue byn against the same yet no mention euer made therof These are morall impossibilityes to say no more 17. The second point doth answere it self and we haue touched the same before that by agreement in England the Popes Buls of Excommunication when they were sent should not be admitted ordinarily but by the certificate of some Bishop of England for preuenting the fraudes or false suggestions which particular men might vse therein And wheras M. Attorney heere againe saith that the Bishops are by the Common lawes the immediate officers and ministers to the Kings Courtes in causes Ecclesiasticall he runneth againe to his old Chymera of imaginary Common lawes For where is this Common-law that maketh Bishops to be officers and ministers to the Kings Courts in causes Ecclesiasticall For if the Common-law or Iudges thereof cannot so much as heare or take conusaunce of any spiritual causes belonging to Bishops Courts as often M. Attorney affirmeth in this his booke how much lesse can it or they by vertue therof appoint Iudges or make them officers in those spirituall Courts which haue their authority from the Canon and not Common lawes 18. To the third obiection little answere is needfull For who seeth not but that euery King in his Kingdome may commaund all â—â—â—es of people to doe their duty to surcease from wrong And so if a Bishop for a cause not belonging vnto him should excommunicate any the Prince may commaund him to absolue 〈◊〉 party whome vniustly he hath excommunicated if the iniustice bee so apparant as heere is presumed But M. Attorney should haue proued that the King himself might haue absolued him as in truth he might if he had Superiour authority to the Bishop in Ecclesiasticall causes as he may absolue immediately by himself all that are censured or sentenced adiudged or condemned by his Chauncellour lay Iudges or temporall officers and ministers nor hath he need to send the party to be assoiled by them or to will them to doe it as heer he doth the Bishop but might doe it himself or by some other giuing him authority thervnto which yet neuer King of England did attempt before King Henry the 8. 19. To the 4. braunch is answered that by good reason it was agreed that no religious man hauing made his vow of obedieÌ„ce in England should seeke to Rome for exemption therof without proposing his causes first in England it self for that otherwise vpon false informations suggestions of the party against his Superiours many troubles and inconueniences might follow by such exemptions and this is that which is touched in the Statute it self here alleadged affirming that no man shall goe to Rome for that which may be determined in England c. And now consider I pray you what all these foure instances laid togeather doe weigh in poyse of good reason But let vs see further 20. A fourth instance of M. Attorneys is taken out of a Statute of the 6. yeare of K. Henry the 4. where the commons doe againe make complaint of other new aggreiuances by the Courte of Rome to wit that such as are to be preferred to Bishopricks Archbishopricks and other Prelacyes cannot be admitted vntill they haue compounded with the Popes Chamber for paying of the first fruites of the said benefices and other dutyes required vvhervpon the King saith the Statute by the aduise and assent of the Great men of his Realme in Parlament and note that he nameth not heer the spirituall Lords did ordaine that whosoeuer should pay heerafter to the said Chamber or otherwise for such fruites and seruices greater summes of money then had byn accustomed in time past
and thereupon he reiected the one and fauoured the other as more sincere people and more to bee trusted by him that were so trustie and faithfull to their God and his religion yf this I saie were a good censure and iudgment I doe not see how this other of M. Attorney can stand vpon anie ground of reason or Christian charitie that qualifieth so greiuously or rather calumniateth so egregiously the religious standing of Catholicke people in the moderate defence and excuse of their said consciences 22. But heere perhaps hee may demaund or some body for him what great reasons wee haue for this obstacle of our iudgment for not conforming it to his and others in this behalfe Wherunto though sufficientlie hath been alleadged before in the Answere to his Preface yet now may some two or three points or considerations bee further added in confirmation therof among almost infinite that might bee produced And the first may bee that which hitherto wee haue treated in this book with M. Attorney concerning the continuance of that religion for which wee stand throughout the whole race and course of our Christian English-Princes State and Realme from the beginning of our first conuersion vnto our time All which Kings and Queens Counsellors Nobilitie Archbishops Bishops Doctors Vniuersities Lawyers and Sages of all sortes were for so manie ages by one and the self-same religion profession and beleife directed and saued if anie were saued that is to say by the selfsame means doctrine and Sacraments of our auncient Catholicke English Church continuing vntill K. Henry 8. tyme which Church professed the very same faith and beliefe in like maner as in another special booke hath been declared wherby all other Christian nations had been directed and saued for those other ages which went before our English conuersion after Christs assension 23. New then this being so I would aske anie reasonable indifferent English-man whether wee haue iust cause to stand in and for this religion or not and whether if himself were now readie to die for that is the time when men doe iudge with lesse passion and had laid before his eyes the euerlasting ioyes of heauen on the one side and the eternall paines of hell on the other to bee lost or gayned by his election whether I saie hee would aduenture rather to goe in companie and ioyne himself with this large and venerable bodie of old English Catholickes among whome there are recorded by histories to haue been so manie admirable men both for learning wisdome and sanctitye of life or leauing these to take parte and receiue his portion with such later people of the same nation as haue deuided themselues from the other And when M. Attorney in good probabilitie of reason shall substantiallie answere mee this demaund it may doubtlesse bee a great motiue vnto mee and others to draw vs to the current of this present time but in the meane space wee must stand fast least wee fall into the torrent of brimstone if wee goe against our consciences by which wee must bee iudged and euery man damned or saued thereby as out of the Apostles testimonie before hath been declared 24. And thus much for standing in our old religion Now for passing to a new there is another obstacle also that greatlie withholdeth vs and this is that when wee shall haue left this old religion so begun so established so confirmed so promised by God to endure to the worlds end so generallie receiued so vniuersalli-continued as hath been declared wee cannot tell to what otheâ— sorte sect or parte of religion to passe with anie probable securitie or certeynty at all why wee should rather adhere to one sect then to another For when once wee leaâ—â— the said Catholicke religion so grouÌ„ded as you haue seen there is no one substantiall reason à parte rei that can bee assigned by anie man liuing neuer so learned why hee should more or rather follow one parte profession sect or new opinion then another As for example if to a man that vpon anie offence disgust scandall error anger interest leuity or the like for these are the ordinary motiues of changes breaketh from the auncient Catholicke Romain religion there should represent themselues vnto him fiue or six of the principall newest sects and sortes that professe different religions in our time all vnder the name of the Ghospell as namelie of Lutheranes either ridged or soft of Anabaptists Trinitarians new Arrians Zwinglians Calâ—â—nists of both sortes to witt Puritans and other all which haue their different positions professions articles faiths Churches conuenticles in these our daies and if he should demaund of fiue or six distinct Doctors of these new-ghospellers what substantiall reason or infallible grouÌ„d they can alleadge wherewith to persuade him that he ought to take their particular partes or bee of their seueral sects the one aboue the other or why themselues and ech one of them is rather of the one sect then of the other seeing all professe ghospell and scriptures In this case I say they can yeeld him no other reason but this that ech man assureth himself that hee and his parte doe alleadge and vnderstand the scriptures better then the rest which depending onlie as you see vpon the priuate iudgment and persuasion of ech one in particular for other proofes hee caÌ„ bring none except the stand vpon assurance of his particular spirit which euerie one of the other sects will doe in like manner it bringeth no assurance at all being onlie founded vpon ech mans opinion choice and election which properlie is heresie for that hereticks as auncient Fathers doe define are nothing els but choosers who leauing the vniuersall rule of faith deliuered vnto them by tradition of the common Church do chuse vnto themselues seuerall paths and opinions to follow 25. Wheras then no ground at all can bee yeelded by anie reason witt or learning of man why wee should bee rather of one new profession then another after wee haue left the old receiued throughout Christendome and that in the old wee stand not ech-man vpon his particular iudgment to beleiue this or that but vpon the generall testimonie tradition voice vse and authoritie of the vniuersall Christian Church called Catholicke as S. Augustine and others say not onlie by her freinds and followers but also by her enemies this being so I saie wee haue great cause to looke before wee leape as the prouerb is and to consider well where wee shall land or how we shall come to shore before wee leaue the shipp wherin wee are or doe aduenture into M. Attorneys new Current or anie other that hath no staie but maie carry vs further with the streame then wee can staie our selues afterward when wee would And thus much of this consideration 26. A third is which also shall bee the last in this place that terrifieth vs no lesse then anie of the former two and this is
made vnder all three Edwards for remedying of this abuse as for example vnder Edward the first the foresaid Statute hath this determination That the 〈◊〉 or chief Iustice of the King for the tyme being if they see that the case 〈◊〉 be redressed by any writ out of the Chauncery but that the spirituall 〈◊〉 ought to determine the matters that then they shall write to the Ecclesiasticall Iudges before whome the case was first moued to proceed therin notwithstanding the Kings prohibition vnto them before 49. And to like effect is this other ordination here mentioned by M. Attorney of Circumspectè agatis wherby is ordeyned that temporall Iudges shall vse themselues circumspectly in medling with causes that belong to spirituall courtes And to the same effect is this Statute here alleadged vnder King Edward the second as also this other set downe in these words They that purchase prohibition and attachement against the Ordinaryes of a thing that belongeth not to the lay Court shall yeeld damages to the Ordinaryes by the award of the Iustices And yet further to the same effect it was decreed by King Edward the third after this manner That no prohibition goe out of the Chauncery but in case where we haue the conusaunce and of right ought to haue 50. And finally to passe no further in this the Statute made in the 9. yeare of this King intituled Articuli Cleri Articles of the Clergy conteyning sixteene braunches doe apperteyne to this affaire to shew and declare what causes doe belong to the spirituall courte and what to the temporall and wherof both the one and the other may take conusaunce and consequently in what matters the Kings prohibition may goe forth or not all which is cleerly against M. Attorney his purpose For if the temporall Prince were properly head of the one and the other courte and fountaine both of the one and other lawe and iurisdiction this adoe needed not but that the King might indifferently dispose of all 51. But consider I pray you M. Attorneys note or commentary in the margent wherby he would seeme to answere our former demaund why he bringeth in this instance By these statutes saith he the iurisdiction of the Ecclesiasticall Courtes is allowed and warranted by consent of Parlament in all cases wherein they haue iurisdiction so as these lawes may be iustly called the Kings Ecclesiasticall lawes or the Ecclesiastical lawes of England So he And you will easily see herby how much he delighteth himself in this new witty inuention of his owne so often repeated by him wherby he would make the Popes Canon-lawes to be the King of Englands lawes for that they are admitted and obeyed in England â— of which sylly consequence I haue oftentymes made mention before shewing the weakenes and incongruity therof For that by this reason the self same Canon-lawes receaued admitted by all particular states of Christendome may be said to be the peculiar lawes of euery particular state And if this be a superiority as M. Attorney would inferre to admit and allow another Princes lawes then is euery particular state of Christendome aboue the Pope Generall Councells which made these lawes Wherfore as well in this as in all the rest we see the weakenes of M. Attorneys cause and so we shall passe to other Princes that doe follow leauing this disasterous K. Edward the second who soone after fell into a pitifull plight of calamity being depriued both of his Crowne and life for his ill gouernment and his young sonne placed in his roome as our historyes at large doe declare OF K. EDWARD THE THIRD And K. Richard the second his Nephevv and Successour And vvhat instances or arguments M. Attorney draweth from their two raignes which continued betweene them for seauenty yeares CHAP. XII THESE two are the Kings aboue all the rest from the beginning vnto K. Henry the 8. vnder whose gouernment M. Attorney gathereth and layeth togeather most obiections to proue the small respect they had or vsed in certaine cases and occasions and at some times towards the Sea Apostolicke and Ecclesiasticall power therof for that they made most restrictions by penall lawes and punishments against the practice and vse therof in certaine cases mixt as they presumed and conioyned with temporalityes or affaires of the State and so not meerly Ecclesiasticall 2. For albeit before this there had byn great murmurings and complaints as you haue seen from the tyme of K. Henry the 3. and his father King Iohn against some parte of the exercise of the Popes authority in bestowing benefices and Bishopricks vpon straÌ„gers as also of the often reseruing the collations of the cheife to himself and his Court of demaunding and graunting tithes contributions vpon the English Clergy as well for his owne as other publike necessityes yet find we not hitherto any expresse penall law put in vre and practice though mention be found of one made at Carleile vnder K. Edward the first the 2. yeare of his raigne to this effect for restrayning prouisions and other ordinances from the Court of Rome and the execution thereof by English subiects vntill vnder these two Kings Edward the 3. and Richard the 2. and not by the former vntill after many yeares of his raigne when by his continuall warrs with France and Scotland his temporall necessityes and other respects drew him therevnto And some men doe note that the lamentable ends of both these Kings wherof the worst seemed to some to be that of King Edward though he died in his bed togeather with infinite bloudshed afterward by their successours deuided in their owne bowells vpon the controuersie of Lancaster and Yorke did easily shew how vngratefull to all mighty God this breach of theirs and violence vsed with their Mother the holy Church was though it might seeme to them and some others also that it was either in temporall matters or in Ecclesiasticall conioyned as hath byn said with temporalities and that besides they were vrged therevnto by important clamours of their people partly vpon emulation against the Clergy and partly vpon some abuses and aggreiuances as they pretended in their supplications and declarations to the Popes themselues about these affaires pretending to hold still as no doubt they did their inward faith beliefe deuotion and obedience to the Sea Apostolicke though outwardly they were forced to take the way of redresse against some excesses which they did 3. And now wee haue already heard the foresaid complaints oftentymes iterated in the liues of the former Kings but especially vnder Henry the third and the two precedent Edwards that â—â—sued him which being continued vnder this third of the same name he being a warriour hauing therby all wayes commonly great need of money was induced at length for increasing his owne temporall wealth to lay hands vpon the spiritual especially such as was wont to goe out of the Realme to the Court of Rome or accrew to