visitation of the Ecclesiasticall estate and persons and for their reformation order and correction of the same and of all manner of errors heresies c. is given to the Queene with full power and authoritie to assigne nominate and authorize others also to exercise and execute vnder her highnes all and all manner of Iurisdiction priuiledges and preheminences in anie wise touching or concerning anie spirituall or Ecclesiasticall Iurisdiction and to visit reforme redresse order correct and amend c. 19. Which words may seem by their often naming of visitation and visiting that they meant onlie to make the Queene a visitrix ouer the Cleargie which importeth much limitation of supreme power and yet on the other side they giue her all Iurisdiction Ecclesiasticall that euer hath been heertofore or may be exercised by anie Ecclesiasticall authoritie or person and that both she and her substitutes haue all and all manner of Iurisdiction priuiledges and preheminences concerning spirituall affaires as you haue heard So as on the one side they seeme to restraine and limitt not calling her head of the Church as before in the stile of K. Henrie and K. Edward was accustomed but rather a supreme Visitrix as by these words appeereth And on the otherside they giuing her all and all manner of Iurisdiction Ecclesiasticall that by anie power or person Ecclesiasticall hath euer heertofore been vsed or may be vsed including no doubt therin both the Pope and all other Bishops or Archbishops that euer haue exercised Iurisdiction in England they make her spirituall head of the Church in the highest degree giuing her the thinge without the name and dazeling the eyes of the ordinarie Reader with these multitude of words subtilie couched togeather And why so thinke yon I shall breefly disclose the mysterie of this matter 20. When K. Henry the eight had taken the Title of Supreame head of the Church vpon him as also the gouernours of K. Edward had giuen the same vnto him being but yet a child of 9. years old the Protestants of other Countries which were glad to se England brake more and more from the Pope whome they feared yet not willing insteed therof to put themselues wholie vnder temporall Princes but rather to rest at their owne libertie of chosing congregations and presbyteryes to gouerne began to mislike with this English stile of Supreame head as well the Lutheranes as appeereth by diuers of their writings as also the Zuinglians and much more afterward the Caluinists whereupon Iohn Caluin their head and founder in his Commentary vpon Amos the Prophet inueigheth bitterlie against the said Title and authoritie of supreame head taken first by King Henry and saith it was Tyrannicall and impious And the same assertion he held during his life as after by occasion more particularlie shall be shewed And the whole body of Caluinists throughout other Countryes are of the same opinion and faith though in England they be vpon this point deuided into Protestants and Puritans as all men know 21. This then being the State of thinges when Q. Elizabeth began her Raigne those that were neerest about her and most preuailed in Counsell inclining to haue a change in Religion that therby also other changes of dignities offices and liuings might insue and desiring to reduce all to the new Queens disposition but yet finding great difficultie and resistance in many of the Caluinists to giue the accustomed Title of headship in respect of Iohn Caluins reprobation therof they deuised a new forme and featute of words wherby couertly to giue the substance without the name that is to saie the whole spirituall power iurisdiction of supreame head vnder the name of Visitrix or supreame gouernesse as in the Oath of the same Statute is set downe where euery man vnder forfiture of all his lands and liuings and life also in the third time is bound to sweare and professe that he beleiueth in his cōscience that the said Qneene is supreame gouernesse in all causes Ecclesiastical in this sense and that there is no other Spirituall power or Ecclesiasticall Iurisdiction ouer soules in England but this of the Qneene or such as commeth from her And this was also the high iniquitie of this tragicall Comedye among other that the whole Realme being almost all Catholike and of a contrarie beleife at that time was forced to sweare within thirtie daies after the said Act to this fantasticall deuise of giuing supreame authoritie Spirituall to a woman wherof by naturall diuine and humane law she is not capable as in the next chapter shall bee proued being a deuise of some few in a corner first and then procured by negociation to passe in Parlament or els to incurre the daunger of the foresaid penalties that is to saie either sacrilegiouslie to forsweare themselues against their consciences or to vndoe themselues and theirs in wordlie affaires a hard and miserable choise 22. But now to the point it self what reall and substantiall difference thinke you can their be imagined between the spirituall Authortie of Head-ship giuen vnto K. Henry the 8. by the Statute of the 26. yeare of his reigne and this of visitrix or supreame gouernesse giuen to Q. Elizabeth in the first of her reigne Was not the self-same power and Iurisdiction ment to be giuen And if there bee no difference in the thing it self why doe they fly the word in this which they vsed in that and why doe they vse such large circumloquutions of visiting ordering redressing and the like For as for K. Henries statute it beareth this Title An act concerning the Kings highnes to be supreame head of the Church of England c. And in the statute it self it is said Be it enacted by the Authoritie of this present Parlament that the King our soueraigne Lord his heirs and successors shall be taken accepted and reputed the onlie supreame head on earth of the Church of England called Anglicana Ecclesia And the same Title was 9. or 10. years after giuen in like manner to K. Edward the sixt by the same Authoritie of Parlament if in this Case it had anie authoritie anecting also therunto all Iurisdiction spirituall whatsoeuer as it appeereth by a certaine declaration therof made in the Statute of the first year of the said King It saith thus That for so much as all authoritie of iurisdiction spirituall and temporall is deriued and deducted from the Kings Maiestie as supreame head of these Churches and Realmes of England and Ireland and so iustlie acknowledged by the Cleargie therof and that all Courts Ecclesiasticall within these said two Realmes be kept by no other power and authority either forreine or within the Realme but by the Authoritie of his most excelent Maiesty Be it therfore enacted that all sommons and citations and other processes Ecclesiasticall in all causes of Bastardy Bygamye and such like called Ecclesiasticall shall be made in the name of our King c. And that in
Chapter and fourth demonstration therof I will remitt the Reader therunto Only I cannot let passe to recite vnto you in this place a certaine Charter of K. Ethelbert of Kent our first Christian English King confirmed by a Bull in lead of S. Augustin first archbishop of Canterbury and legate of the Sea Apostolike vnto the monastery of S. Peter Paul in CaÌ„terbury erected by the said K. Ethelbert the words of the Charter are these In nomine Domini nostri Iesu Christi c. Ego Ethelbertus Rex Cantij c. In the name of our Lord Iesus c. I Ethelbert King of Kent with the consent of the venerable Archbishop Augustine and of the Princes of my Realme do giue and graunt in the honour of S. Peter and S. Paul a certaine peâ—ce of my land which lyeth in the East parte of Canterbury to this intention only that a monastery be buylded in that place with this condition that my said land be for euer in the power of the said Abbot which there shall be ordeined And therfore I doe adiure and commaund in the name of allmightie God that is the iust Iudge of all that the foresaid gift of lands made by mee be held for euer firme so as neither it bee lawful for mee or any of my Successours Kings or Princes or for any Ecclesiasticall person of what degree or dignitie soeuer to defraud the said monastery of the same or any parte therof And if any man shall goe about to impeach or diminish any point or parte of this donation let him bee seperated in this life from the holie communion of the body and bloud of Christ at the day of iudgment for the demeritt of his malice be sequestred from the company of Saints and all good men Giuen at Canterbury Anno Christi 605. the 8. indiction 12. Thus goeth that Charter and in the same forme went all other Chartes of this Kinde wherin is to be noted first the dreadfull imprecation against all breakers therof confirmed by the Authority of so great a Saint as S. Augustin was how many lamentable inheritours wee haue of these curses and imprecations in our countrey and round about vs at this day where all such pious works are ouer throwne And secondly for that he saith expresly that he did all by the counsell and consent of S. Augustine it may be inferred that whatsoeuer priuiledges he gaue that may seeme to appertaine to Ecclesiasticall matters or Iurisdiction he did them vnder ratihabition of the said S. Augustine that was not only Archbishop but legat also of the Sea Apostolike and confequentlie had authoritie to exempt the said monastery as we see he did not only from the Iurisdiction of all other Bishops but of his owne Sea also in such sorte as no Archbishop of Canterbury had any authoritie ouer them which is much more then the Charter of Kenulsus alleadged heere by M. Attorney And we doe reade that the monks of Canterbury did pleade this Charter of K. Ethelbert confirmed by S. Augustine for their liberties against the Archbishop Richard Successor of S. Thomas Becket in the yeare of Christ 1180. 13. Wherfore to conclude this matter it seemeth that M. Attorney hath gotten nothing at all by this his instance of K. Kenulfus whether in his Charter he meant of temporal or spiritual iurisdiction For if he meant of teÌ„porall that is to say that the Abbey of Abindon should be free from molestation of the Bishops officers in temporall affaires it is nothing to our purpose and if he meant of spirituall Iurisdiction cleere it is that the said King had it not of himself by right of his crowne as M. Attorney often repeateth and vrgeth without all grounde but either from the Bishops of his Realme gathered togeather in Parlament which seemeth very probable by the words of the Charter Consilio Consensu Episcoporum That he did it by the Counsell and Consent of his Bishops or that he had it immediatly from the Pope as we haue shewed the vse to be in those dayes shall doe more largly in the ensuing Chapter 14. And that which is yet more and seemeth to conuince the whole matter to decide our very case in particular I doe reade of one Bishop Rethurus who was Abbot also of Abindon during the reigne of the said Kenulfus who went to Rome to obteine the confirmation of priuiledges to the said Abbey of Abindon about the yeare .812 Romam profectus saith the Story Pontificia authoritate privilegia Canobij communiuit He going the Rome by consent no doubt of K. Kenulfus himself obteined the confirmation of the priuiledges of the said monastery of Abindon by the Apostolike authoritie of the Sea of Rome And it is no doubt that among other priuiledges this Charter also of Kenulfus was one which being so euery man may see how much this instance hath holpen M. Attorney his cause or rather made against him that Kenulfus procured the confirmation of his Charter from the Pope himself 15. And surely if in this M. Attorney committed an errour in alleadging Kenulfus for an example of one that tooke supreme IurisdictioÌ„ Ecclesiasticall vpon him he being so obedient and subordinate to the Church of Rome as we haue said much more did he erre in choosing S. Edward the Confessor for his second instance for he hath but two as before I haue said out of all our Kings before the Conquest which K. Edward of all others was most deuoutly obedient to the Sea Apostolicke as may appeare both by that which before we haue touched of him as by that which after we shall more largly shew in the next Chapter that he presumed not to found his monastery of VVestminster without particular licence and approbation of the Pope In like manner for that hauing made a vow to goe in pilgrimage to Rome to shew his deuotion and obedience to that Sea he finding afterward some difficulties therin in respect of his Kingdome that repined at his absence and of the troublesome times that then were he remitted all first to Pope Stephen the tenth and when he being dead to his successour Nicholas the 2. who determined that he should not take that voiage but bestow the charges therof vpon the buylding of that monastery of VVestminster to which effect both their letters are extaÌ„t in Alredus that liued about 400. years gone wrote the same Kings life The Kings letter hath this Title Summo vniuersalis Ecclesiae Patri Nicolâo Edwardus Dei gratia Anglorum Rex debitam subiectionem c. To the high Father of the vniuersal Church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherby is euident that if K. Edward did hold himself for supreme head and gouernour of the Church in spirituall matters as M. Attorney would inferr vpon certaine words of one of his lawes as presentlie you shall heare
which is the very decision of our Question For that by these phrases clauses is signified as in the Canon-law and particulerly throughout the sixt booke of Decretals may be sene is properly meant that the Church and Clergie is free from all iurisdiction of temporall Princes except only in Ciuill matters and that their goods and persons are exempted from Princes secular Courtes that they are immediatly vnder their Prelates and they againe vnder the Sea Apostolike vnto which may lawfully be made appeales when iust occasion is offered that no lay iudge may sitt in iudgement vpon them or giue sentence ouer them or lay hand vpon their persons or goods but referre them to their owne Ecclesiastical Emperours other such points as may be seen in the Canon-law in the places before cited And you haue heard before in the second Chapter of this booke how conforme all these things are to Gods law and how willingly they were embraced approued and allowed by the first Christian Emperour Constantine and his Successours and by all Christian Catholike Princes since that tyme throughout the world but especially and aboue others in comparison by our English Kings before the Conquest and after also as in their dew places shal be shewed 6. And so when the forenamed Kings Edgar Edward in their very first law doe sett downe and determine as Fox also confesseth that the Kings office is to keepe cherishe mainteyne and gouerne the Church within his Kingdome which worde gouerne I haue shewed before to be wrongfully put in out of his due place and to apperteyne only to the gouernement of the Common-wealth with all integrity liberty according to the constitution of all their Auncestors and predecessours and to defend the same against all enemyes c. they doe in all this but approue and second the Popes Canon-lawes decrees therof for the preheminence of the Clergie and therby they doe directly ouerthrowe M. Attorneys proposition so doe all the Kings in like manner after the Conquest who following this example doe euer in the beginning of their lawes renew and confirme this lawe of King Edward for the libertyes and priuiledges of the Church and Church men As first the Conquerour himself as afterwarde in the next Chapter more largely shall appeare when we come to speake of him in particular whose lawes are sett downe by Houaden and others and are as effectuall for the Church as could be deuised after him to omitt K. Iohn and others Henry the third who was the chief founder of our present later Common-lawes and author of the Great Charter His first law likewise is for the foresaid liberties of holy Church in these wordes VVe haue graunted to God and by this our present Charter haue confirmed for vs and our heyres for euermore that the Church of England shal be free and haue all her rights wholie and her liberties inuiolated c. 7. This Charter of K. Henry did Edward the first his sonne publishe and confirme after him as appeareth by his owne preface prefixed before the said Magna charta And Edward the second that ensued after him not only ratifyed the same but added other Statutes also called Articuli Cleri in fauour of the same Clergie And in K. Edward the third his tyme I finde the same Charter confirmed and ratifyed by diuers and seuerall Statutes as namely in the first second fourth fifth and fourtenth yeare of his raigne and the like in the first sixt seuenth eight nynth yeare of K. Richard the second and in the first second fourth seauenth nynth and thirtenth yeare of K. Henry the 4. and in the third and fourth of K. Henry the 5. and in the sixt of K. Henry the sixt c. 8. And herby now though we goe no lower may the indifferent Reader see how vayne M. Attorneys vaunt was and is that he would proue and demonstrate by the auncient lawes of our Realme that Q. Elizabeth had supreme iurisdiction Ecclesiasticall by vertue of her Crowne And yet hitherto hath he alleadged no one lawe at all within the compasse of nyne hundred yeares togeather but only certaine impertinent scraps and raggs nothing making to the purpose nor worthy the gathering vp as after when we come to examine them will appeare And we on the contrary syde haue so many so auncient and so authenticall lawes as you haue heard and afterwardes shall be more particulerly declared for proofe of the opposite proposition iâ— his that all spirituall iurisdiction was only in Ecclesiasticall persons both bâ—sore and after the Conquest vntill K. Henry the 8. his dayes And thus much of this first demonstration concerning lawes The second Demonstration 9. The second demonstration is deduced from an other consideration not inferiour to the former which is that when â— Ethelbert of Kent for example was sirst of all other Kings conuerted to Christian faith by S. Augustine the Monke sent from Pope Gregorie the first to that effect vpon the yeare of Christ 600. and that by this occasion a new Ecclesiasticall Common-wealth was to be instituted and erected within his dominion concerning matters depending of Religion farre different from that which passed in his Realme before when he was a Pagan as namely to omitt matters of doctrine and meere spirituall gouernment concerning marriages legitimation of children burying paying of tythes iurisdiction of Bishops and priests the like that might seeme in some sorte to be mixt and concerne also the Common-wealth to whome was the recourse made sor direction counsaile and ordinance in these affaires to K. Ethelbert think you or to S. Gregorie the Pope no man will say I think to K. Ethelbert for that he was yet but a nouice in Christian religion though as capable of spirituall iurisdiction by his Crowne as either Q. Elizabeth being a woman or K. Edward the sixt a child of nyne yeares old when he was proclaimed Head of the Church of England as well in spirituall as temporall affaires 10. But in our case vnder K. Ethelbert we reade both in S. Bede and S. Gregory himself that in all Ecclesiasticall matters recourse was made to the said S. Gregory as hauing supreme authority in these affayres and therfore the said King was no sooner conuerted S. Augustine made Archbishop but the said Archbishop according to his office sent two messengers to Rome Laurentius a priest and Petrus a Monke to aske counsaile and direction in diuers cases as namely about the distribution of oblations at the aultar diuersitye of customes obserued in diuers contreys in saying Masse about punishing of sacriledge in such as steale from Churches about degrees of kinred or propinquity to be obserued in marriages about ordination of Bishops how he should proceed with the Bishops of France and Britany about baptizing women with child and churching â—hem after their child-birth and the like 11. To all which questions S. Gregory answereth
all appeals in causes Ecclesiasticall to the Court of Rome reducing all spirituall authority of determining the same vnto the body spirituall of the English Clergy for so the words of the statute are The body spirituall of the English Church saith he hauing power when any cause of the law diuine happened to come in question or of spirituall learning c. to declare and determine all such doubts to administer al such offices duties as to their roomes spiritual did appertaine without the intermedling of any exteriour person or persons c. Wherby it appeareth that by this Statute he reduceth all spirituall power to a certaine community of the Ecclesiasticall body of England but in the second Statute that followed in the yeare after against suing for licences dispensations facultyes graunts rescripts or delegacyes to Rome he seemeth to establish all authority in the Archbishop of Canterbury that was then Thomas Cranmer newly made by himself for allowing of his marriage with Lady Anne Bullen for so he saith in the statute That the Archbishop of Canterbury for the tyme being and his successours shall haue power and authority from tyme to tyme by their discretions to giue graunt and dispose by an instrument vnder the seale of the said Archbishop vnto the King and vnto his heirs successours Kings of this Realme as well all maÌ„ner of such licences dispensations compositions facultyes graunts rescrips delegacyes instruments and other writings for causes not being contrary or repugnant to the holy scriptures and lawes of God as heertofore had byn vsed and accustomed to be had and obtained by the King or any his most noble progenitors or any of his or their subiects at the Sea of Rome or any person or persons by authority of the same c. 12. Lo heer King Henry giueth authority to the Archbishop of Canterbury to giue vnto him to wit to King Henry himself and his successors Kings of England and their subiects all dispensations which they were wont to â—â—ke and obtaine at the Popes hand so as heer he acknowledgeth that in former times that authority belonged to the Pope and that his auncestors and progenitors were of that opinion but that now he being offended with him he would take it from him and bestow it vpon the Archbishop of Canterbury subiecting himself and his inheritours to aske and obtaine the said dispensations at his hands and his successours which was as you see to make Archbishop Cranmer Pope and not himself for this yeare as the whole body of the English Clergy was for the yeare past 13. And wheras it is euident that King Henry gaue this authority to Cranmer for dispensing c. to the end he should dispense with him for marrying of the said Lady Anne Bullen it seemeth strange that he would vse this so ridiculous circuyt as first to giue authority by Parlament to Cranmer to be able to dispense with him to wit with King Henry the giuer and would not take immediatly either by himself or by Parlament authority to himself to dispense with himself But it is well seen that he had some remorse or shame-fastnes therin at the first beginning though the very next yeare after he amended the matter or rather made it worse by assuming it to himself For calling another Parlament vpon the 26. of his raigne he made the first Statute of all with this Title An act concerning the Kings Highnes to be Supreme head of the Church of England and to haue authority to reforme and redresse all errors heresies and abuses in the same Wherby you may see what gradation was vsed in this matter or rather mistery giuing this power first to the Community of the English Clergy secondly to the Archbishop of Canterbury and thirdly to himself and all this in three distinct yeares immediately following one the other 14. And now if mens euerlasting saluation must depend vpon these mutations of spirituall iurisdiction as no doubt they did in thousands of our Countrey at that tyme and if the eternall wisdome of our Sauiour Christ hath left no more certainty for direction of our soules by spirituall gouernement and authority then this of our English Parlament which changeth so often and easely as you haue heard vpon euery Princes particuler inclination then are we doubtlesse in a pittifull plight for that as hath byn declared before of the certainty of this spirituall power for binding or loosing of our sinnes for SacrameÌ„ts instructions directions and all other spirituall helps and assistance in this life dependeth the surety of our euerlasting saluation or damnation in the life to come 15. But to goe forward a little further in this matter now we haue King Henry head of the Church and M. Attorney no doubt is glad therof for helping of his cause though it help it but little or nothing at all it being the first example that euer could be giuen therof in England or elswhere throughout the Christian world and so much the more to be misliked if we beleiue Iohn Caluin in his sharp reproofe of this attempt which he calleth Tyrannicall Anti-Christian But M. Attorney perhaps will not care for Caluin or Beza or any of their followers in this point for that it maketh not to his purpose Well then he must notwithstanding graunt this in all reason that if this supreme authoritie spirituall was wel and rightly and by gods direction spirit and allowance taken vpon himself by King Henry then is it likely that he was guided also by the same spirit afterward in making his decrees laws and ordinances for directing and gouerning the English Church by that authority and especially for reforming and redressing of all errors heresies and abuses therin according to the speciall title of his said authority before set down wherof it followeth that when vpon the 31. yeare of his raigne which was fiue after the said authoritie giuen him hee calling a Parlament determined six mayne and principall articles of protestant religion to bee heresies to witt The deniall of the reall presence of the communion vnder one kind only That Priests may marrie That vowes of chastitie may bee broken That priuate masses are not lawfull That sacramentall or auricular confession is not necessarie appointing them that should hould any of these heresies so coÌ„deÌ„ned by him to be burned as notorious hereticks it followeth I say that this was decreed by him out of the same spirit and direction of god for that otherwise his Ecclesiasticall supremacy had byn to small purpose if there were no certainty in his determinations or that God would permit him to erre so grosly in so importaÌ„t a busines as this was for the whole Church of England so soone after he had ginen him his said supreme authoritie Ecclesiasticall 16. And that this was done by him against the Protestants with great deliberation consultation aduise maturity in the fullnes of his power Ecclesiasticall appeareth
well by the words of the Statute which are these VVhere the Kings most excellent Maiesty is by gods law supreme head immediatly vnder him of his whole Church of England intending the conseruation of the same Church in a true sincere and vniforme doctrine of Christs religion calling also to his blessed and most gratious remembrance the innumerable commodities which ensue of concord and vnity in religion c. hath therfore commaunded this his most high Court of Parlament to be summoned as also a Synod of all the Archbishops Bishops and other learned men to bee assembled c. for a full and persect resolution of certaine Articles proposed which are the former six his Maiesty also most gratiously vouchsafing in his owne Princly person to descend and come into his said high Courte and Councell and there like a Prince of most high prudence and no lesse learning opened and declared manie thinges of high learning great knowledge touching the said Articles matters questions whervpon after great and longe deliberate disputation and consultation had and made it was finally resolued as before c. 17. Thus you see how maturely this matter was done and resolued by the new head of the English Church and his Counsell which resolution not withstanding I presume M. Attorney and those of his religion will not well allow à parte rei though for his authoritie they may not denie it according to their owne grounds in that he did contradict therin the Popes and so in this respect they seem to bee but in pittifull plight for that neither the one nor the other head serueth well their turnes And with this wee shall leaue King Henry the 8. who in all the rest of his raigne which as hath byn said was but the third parte after his spirituall headship of that he had raigned before in acknowledgment of the Popes Supremacie his Decrees Ordinances and actions though they were inconstant variable yet were they all except this only controuersie of the Popes authoritie against Protestants and their religion as appeareth both by his solemne condemning and burning of Iohn Lambert for denying the Reall presence the next yeare after this Statute was made as also of Anne Ascue and others vpon the last yeare of his life for the same heresie and of manie others for other Protestant-opinions so as I doe not see how M. Attorney can much glorie in this first headshipp of his Church of England especially that being true which Bishop Gardiner preached and protested publikely at Pauls Grosse in Queen Maries time that K. Henry dealt with him a little before his death for reconcyling himself to the Pope by restoring to him his authority againe if with his honour it might bee brought to passe but before this could bee treated he died and thereby was frustrated of his good purpose therin The answere to certaine Instances of M. Attorney out of this raigne of K. Henry the eight §. II. 18. And this might suffice for King Henries raigne but only that M. Attorney vpon the recitall of certeyne of the said Kings Statutes made by himself for his owne spirituall Supremacy which I hold not needfull for me to stand to answere he moueth a doubt and answereth the same in such sorte as is worthy of consideration His doubt is that for so much as K. Henry was now declared head of the Church and all Ecclesiasticall iurisdiction taken from the Pope in England and in English affaires what shal become of the Canons or Canon law togeather with the Constitutions and Ecclesiasticall Ordinances depending of the Church of Rome wherby the spirituall Courts of England were wont to bee gouerned you shall heare his answere in his owne words The Attorney If it bee demaunded saith hee what Canons Constitutions Ordinances and Synodals Prouinciall are still in force within this Realme I answere that it is resolued and enacted by authoritie of Parlament that such as haue been allowed by generall consent and custome within the Realme and are not contrariant or repugnant to the Laws Statutes and Customes of this Realme nor to the damage or hurte of the Kings prerogatiue Royall are still in force within this Realme as the Kings Ecclesiasticall laws of the same Now as Consent and Custome hath allowed those Canons so no doubt by generall consent of the whole Kealme anie of the same maie bee corrected enlarged explained or abrogated For example there is a decree that all Clerkes that haue receiued anie manner of Orders greater or smaller should bee exempt pro causis criminalibus before the temporall Iudges This decree had neuer anie force within England First for that it was neuer approued and allowed of by generall consent within the Realme Secondly it was against the laws of the Realme as it doth appeare by infinite presidents Thirdly it was against the prerogatiue and soueraigntie of the King that any subiect within this Realme should not bee subiect to the laws of this Realme The Catholicke Deuine 19. Heere you see two points touched in this answere First the resolution it self and then the confirmation therof by a speciall example The resolution is very ambiguous doubtfull and vncertaine if you consider it For he saith that such Canonicall laws are to bee still in force as were allowed by generall consent not contrariant to the laws statutes and customes of this Realme nor importe anie dammage to the Kings prerogatiue Royall And what are these thinke you And how vncertaine a rule is this prescribed for laws whereby matters of conscience must be determined Who may not say in his owne case or others this Canon or Constitution though it be of neuer so auncient Councels or Decrees of the Church for of such consisteth the Canon-law was neuer allowed by generall consent of England this is contrariant to some Statute or Custome this importeth dammage to the Kings prerogatiue Royall and so indeed by establishing this new headship the whole body of Ecclesiasticall regimēt was ouerthrowne though M. Attorney to salue the matter saith that the said Canonicall lawes should remaine still in force with the restrictiōs aforesaid as the Kings Ecclesiasticall lawes which is as much to say as that these Canon-lawes that were made by generall Councels Nationall or Prouinciall Synods and by the Popes of Rome themselues shall not remaine as their lawes but as the Kings lawes for that he retaineth them of which poore refuge I haue spoken often before how weake and idle it is 20. But now for his particular example chosen out to proue that the generall Canonicall lawes of the whole Church receiued throughout Christendome may be corrected and enlarged explaned abrogated by a particular Countrey which is contrary to the common Maxime that no law can be abrogated but by the same authority by which it was made and allowed or greater I cannot but maruaile that he would insist vpō the exemption of Clerks from secular
the Archbishops and bishops seals of office for testisying of this the Kings Highnes armes be decentlie sett with Characters vnder the said Armes for the knowledge of the diocesse that they shall vse noe other seale of Iurisdiction but wherin his Maiestyes armes be engraued c. 23. Lo heere not onlie the name and Authoritie of head of the Church giuen to K. Edward the Child and taken from the Pope but all Iurisdiction also and signe of Iurisdiction spirituall taken from the Archbishops and Bishops of England excepting onlie so far forth as it was imparted vnto them by the said Child K. Which importeth much if you consider it well For this is not onlie to haue power to visitt and gouerne Ecclesiasticall persons and to reforme abuses Set downe in the Queenes graunt by parlament but to haue all Ecclesiasticall and spirituall power and iurisdiction originallie included in his owne person and so to be able from him self as from the first fountaine and highest origen on earth to deriue the partes parcells thereof to others which you may consider how different it is from that which here the Statute would seeme to ascribe to the Queene and opposite and contrarye to all that which the ancient Fathers in the precedent chapter did affirme protest not to be in their Kings and Emperours at all but in Bishops and Preists onlie as deliuered immediatlie to them by Christ our Sauiour and by them and from them onlie to be administred to others for their saluation But by this new order of the English Parlament the contrarie course is established to witt that it must come to Bishops and Preists from a laie man yea a Child and from a lay-woman also as the other Parlament determineth and then must it needs follow also as after more larglie shall bee proued that both the one and the other I meane K. Edward and Queen Elizabeth had power not onlie to giue this Ecclesiasticall iurisdictiō vnto others but much more to vse and exercise the same in like manner in their owne persons if they would as namelie to giue holie orders create consecrate Bishops confirme Children absolue sinnes administer Sacraments teach and preach iudge and determine in points of faith and beleife sitt in iudgement vpon errors and heresies and the like And this for K. Edward 24. Now then if it may be presumed as I thinke it may that Queene Elizabeths meaning was to haue no lesse Authoritie Spirituall and Ecclesiasticall giuen vnto her and acknowledged in her then her said Father and Brother had vsed before why did not the makers of this Statute set it downe in plaine words as the other did but disguised the matter by such māner of speach as they might seeme to giue but little wheras they gaue all and more then all The Cause was that which I haue said before for which they laboured not to be vnderstood of all men but to speake as it were in mysterye not to offend so publikelie the Caluinists and yet to include matter inough to ouerthrow Catholikes But the said exacter parte and purer Caluinists quicklie found out the matter and so they began verie shortly after to mutter and write against this and diuers other points of the Statute and so haue continued euer since and the Controuersie betweene them is indeterminable 25. Well then for so much as now we haue laid open the true state of the Question and that M. Attorney is bound to proue his proposition in this sense and explication that heere is sett downe out of K. Henry and K. Edwards Statutes to witt that Q. Elizabeth had all plenarie power of Spirituall Iurisdiction in her self to deriue vnto others at her pleasure as from the head and fountaine thereof And that no Bishop Archbishop or other Ecclesiasticall person within the Realme had or could haue anie spirituall power or iurisdiction but from the wellspring and supreame sourge thereof And this not onlie by vertue of the foresaid Statute of the first yeare of her raigne but before without this also by the verie force of her Princely Crowne according to the meaning of the old and most auncient cōmon laws of England It will be time now to passe on to the veiw of his proofes which for so new strange and weightie an assertion that toucheth if wee beleiue the former alleadged Fathers the very quicke and one of the neerest means of our eternal saluation or damnation ought to bee very cleere sound and substantiall We shall see in the sequent Chapter what they are VVHERAS IN THE CASE PROPOSED THERE MAY BE TVVO KINDES OF PROOFES The one DE IVRE the other DE FACTO M. Attorney is shewed to haue fayled in both and that we doe euidently demonstrate in the one and in the other And first in that DE IVRE CHAP. IIII. THat the late Queene of England had such plenary Ecclesiasticall Power as before had byn said this by the intent meaninge of the old ancient Common-lawes of Englād though vnto me to many others it seeme a most improbable Paradox and doe meane afterwardes by Gods assistance to prooue and euidently demonstrate the same and shew that from our first Christiā Kings vnto K. Henry the eight the Common-lawes of our Land were euer conforme and subordinate to the Canō Ecclesiasticall lawes of the Roman Church in all spirituall affayres yet for so much as M. Attorney hath taken vpon him to prooue the contrary two heades of proofe he may follow therin The first De Iure the second De facto And albeit he entitle his Booke according to the first to witt De Iure Regis Ecclesiastico yet doth he nothing lesse then prosecute that kind of proofe but rather flippeth to the second which is De Facto endeauoring to prooue that certaine Kings made certaine lawes or attempted certaine factes somtimes and vpon some occasions that might seeeme somwhat to smel or taste of Ecclesiasticall power assumed to themselues in derogation or restraint of that of the Bishops Popes or Sea of Rome 2. Now albeit this were so and graunted as after it will be reproued yet well knoweth M. Attorney that an argument De facto inferreth not a proofe De Iure For if all the factes of our Kings among others should be sufficient to iustifie all matters done by them then would for example fornication be proued lawfull for that some of them are knowne to haue had vnlawfull children and left bastardes behinde them And the like we might exemplify in other things Neither doe I alleadge this instance without peculiar cause or similitude For as in that vnlawfull act of the flesh they yelded rather to passion and lust then to their owne reason iudgment knowing well inough that they did amisse when they were voyd of the same passion so in some of these actions of contention about Ecclesiasticall Iurisdiction some of them were byassed with interest somtymes by indignation
of the whole entire body of the Realme 15 You see whervnto this deuise tendeth to make yt a matter of treason to deny this fancy of M. Attorney that for so much as the Canons and Ecclesiasticall lawes of the Church made by Popes and by Generall Councells from tyme to tyme and receued vniuersally for spirituall and Ecclesiasticall matters throughout the Christian world were receued also and allowed by the Kings Comnn wealth of England which was an euident argument of their acknowledging of the said Ecclesiasticall Iurisdiction of the Church and spirituall gouernours therof of this approbation and allowance he would inferr that these lawes were the Kings lawes though deriued as he sayth from others that is to say from Popes and Bishopps At which inference I doubt not but that his fellow-lawyers will smile And truly I am sory that he being accoumpted so great a man in that faculty which is wont to reason well hath giuen so manifest occasion of laugther For that euery puney young student of law will see by common reason that the admitting of an other mans lawe doth not make it his lawe or that he had power to make that lawe of himself but rather to the contrary it sheweth that the admitter acknowledgeth the other for his Superiour in all matters contained vnder that law For the power of making lawes is the highest power that principally proueth dominion in any Prince and the admitting and obeying therof by another Prince is an euident argument of inferiority and subiection and so here the admitting of the Popes Ecclesiasticall and Canon-lawes was an argument that the admitters acknowledged his supreme authority in Ecclesiasticall affayres 16. Neyther is M. Attorneys example of the Romans or Normans any thinge to the purpose all For that the Romans did not take from the Athenians any formall lawes made by them for the gouernment of the Romans for that had been to acknowledg superiority as before hath bene said but rather they taking a suruey of all the Grecian lawes aswell of Athens as other Common-wealthes or States they tooke parcells therof here and there and applied the same to their Common-wealth which was properly to make lawes of them selues And the like may be sayd of the Normans if they borrowed any of their lawes from England which yet I neuer read in any Author besides M. Attorney but rather that the Normans gaue lawes to England 17. But nowe in the Canon-lawes receiued in England for almost a thousand yeares together after our first Conuersion the matter is farr different for that these were receiued wholy and formally as lawes made by another superior power in a different Tribunall different causes sent expresly to England and to all other Christian Kingdomes to be receiued and obserued and some also out of the same Ecclesiasticall power made within the land by Synodes and Prelates therof and promulgated to be obserued both by Prince and people formally and punctually as they lay and so were receiued admitted allowed and put in execution by the said Prince and his Officers except perhaps some tymes some clause or parte therof might seeme to bring some inconuenience to the temporall State for which exception was made against it and the matter remedied by common consent And this was another manner of admitting lawes then the Romans admitted some peeces of there lawes from Athens or rather translated some pointes of the Athenian lawes into theyrs which was to make them selues Maisters of thus lawes and not receiuers or admitters And finally wee see by this to what poore and pittifull plight M. Attorney hath brought the title of his booke De Iure Regis Ecclesiastico Of the Kings Ecclesiasticall law to witt that it is the Popes Ecclesiasticall law◠in deed made and promulgated by him and his but receiued and obeyed by the King and consequently not the Kings law but the Popes 18. Wherfore to conclude the first part of this Chapter for so much as M. Attorney by these two arguments De Iure which are the only he mentioneth hath proued no right at all of supreme spirituall Iurisdiction to haue accrewed to Q. Elizabeth by the title and interest of her temporall Crowne but rather the contrary to witt that both his Arguments haue proued against himself we see therby how vnable he is to proue his said affirmatiue proposition by this first head and sorte of proofe De Iure I shall now in the second part of this chapter endeuour to prooue the negatiue by as many sortes of rightes and lawes as any thing may be proued that is to say not only by Canonicall Ciuill lawes but by law of Nature also of Nations Mosaycall Euangelicall and by our ancient Common-lawes of England all which doe concu◠in this that Q. Elizabeth being a woman could not haue any supreame spirituall power or Iurisdictiō in Ecclesiasticall matter◠THE SECOND PART OF THIS CHAPTER VVherin is shevved that Q. Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction §. I. 19. First then being to performe this we are professe in this place that we meane not to imitate the proceeding of some Protestants in this behalf who following no certayne rule of doctrine no◠moderation in their doings or writings doe passe to extreames therfore feeling themselues greiued vnder Q. Maryes raigne with the course of Catholike religion then held tooke vpon them to publishe that women were not capable of any gouerment at all Temporall or Spirituall nor to be further obeyed than they would make Reformation in Religion for so they called it comforme to their willes and prescriptions as appeareth by the bookes writings and actions both of Goodman VVhitingham Gilbye Knockes others who taking their fire of fury from Geneua sought first to kindle the same in England and being repulsed thence brake into open flames of combustion in Scotland and neuer coassed vntill it brought two Noble Queens mother and daughter to their ruyne and afterward put their heire and successor into such plunges by those and other heades of like doctrine and desperate attemptes answerable therunto as Gods right hand did only preserue him from like ruyne 20. But we are not of this spirit to seeke reuenge by such new brayn-sicke doctrine we graunt that Queens may lawfully raigne inherite that Successiō which euery Countrey by their peculiar lawes doth allow them The great Kingdome of France doth excude them so doe many lesser States in Italie and Germany and other Countryes yet doth Spaine England Scotland and Flanders admitt them for preuenting other inconueniences when Male-sucessors doe fayle So as for this point of Q. Elizabeths temporall gouerment we haue no controuersie in this place If any fell out betweene her and the Bishop of Rome whose authority she tooke from him and applyed it to her self and many otherwayes exasperated him that fact appertayneth not to vs that are priuate men to iudge
it must needs bee that he was gouernour vnder the Pope to whome he professeth as you haue heard obedience and subiection 16. But what proofe think you hath M. Attorney out of this King to shew that he exercised spirituall iurisdiction by vertue of his temporall crowne You shall heare it all as it lyeth in his booke for the whole narration is but of 3. or 4. lines taken out of K. Edward his lawes The words are these in Latin Rex autem qui vicarius summi regis est ad hoc constitutus est vt regnum populum Domini super omnia Sanctam Ecclesiam regat defendat ab iniuriosis malefices autem destruat Which M. Attorney Englisheth thus The King who is the vicar of the highest King is ordeined to this end that he should rule and gouerne the Kingdome people of the land and aboue all things the holy Church that he defend the same from wrong-doers and destroy and roote out workers of mischeif Which words supposing them to be truly alleadged as they lye haue a plaine and easy interpretation which is that the King as Gods minister for so S. Paul called also the hea-Magistrate must gouerne the Church and Cleargie of his land in temporal matters for that they are members also of the Common-wealth as before we shewed In which respect they are subiect to the sayd temporall Magistrate and in that sense to be gouerned by him though not in spirituall things 17. And if M. Attorney will inferre that because the King is cal-called Gods Vicar he hath spirituall Iurisdiction then may he as well inferre that the heathen Magistrate had spirituall Iurisdiction ouer Christians for that S. Paul calleth him the minister of God which is as much in effect as Vicar for that the minister supplieth the maisters place And thus you see that albeit we admit these words as heere they ly alleadged by M. Attorney noe aduantage can be rightly inferred against vs by them But I am forced to suspect some little fraud or shuffling to be vsed in the citation of this peece of law and therfore I intreate the Iudicious Reader who is learned and hath the commodity to see the Originals that he will examine both this and the former instance of K. Kenulfus in the authors whence they are taken for I haue them not by mee 18. The reasons of suspicion are first for that I see M. Attorney his translation in these few lines not to be very exact as it will appeare to him that examineth the same and secondly for that I find this clause of S. Edwards law differently alleaged heare by M. Attorney from that which is cited by Roger Houeden in the life of K. Henry the second as also from another allegation therof by Iohn Fox in his Acts and Monuments by all which may be gathered that the verbe regat is wrongly placed in M. Attorneys allegation which being amended and the said verbe placed before in his dew place the sense is perfect to witt vt Rex regnum terrenum populum Domini regat sanctam eius veneretur ecclesiam ab iniuriosis defendat c. that the King rule his earthly Kingdome and the people of God and reuerence and defend the holy Church Thus I say ought the words to stand to make good and congruons sense and not as they are transposed both by M. Attorney and Iohn Fox to make a blind sense who yet agree not in their allegations therof as in the places cited you may see 19. And this our assertion concerning the true sense meaning of the former clause is confirmed yet further by the words of K. Edward immediatly following in the same law omitted heere by M. Attorney but sett downe by Fox which are these Quod nisi secerit nomen regis in eo non constabit verum Papa Ioanne testante nomen Regis perdet If a King doe not perfourme the points before mentioned of gouerninge his people and defending the Church the name of a King agreeth not to him but he must leese that name as testifieth Pope Iohn So he And the same K. Edward in the end of this speach doth cite the authority of the said Pope Iohn againe saying that the wrote to Pipinus and his sonne Charles beâ—ore they came to be Kings of France that no man was worthy to be called a King except he did vigilantly defend and gouerne the Church and people of God So as now this gouernment of the Church which M. Attorney hitherto hath vrged so much against the Popes authority must be vnderstood according to the meaning and sense only of Pope Iohn who I suppose notwithstanding will not meane that temporall Princes shall be heads of the Church and to haue supreme spirituall Iurisdiction in causes Ecclesiasticall deriued from their Crownes as M. Attorneys meaning is And so you see vnto what good issue he hath brought this argument out of S. Edwards lawes which is that Kings haue so much gouernmeÌ„t ouer the Church as Pope Iohn allowed them and no more 20. And finally let vs heare the words of Pope Nicolas the second to this verie K. Edward concernining the gouernment he had ouer the Church for thus he writeth to him Vobis verò posteris vestris Regibus committimus aduocationem eiusdem loci omnium totius Angliae Ecclesiarum vt vite nostrae cum Consilio Episcoporum Abbalum constituatis vbique quae iusta sunt c. We doe coÌ„mitte vnto you and to the Kings of England your Successours the aduocation and protection of the same place or monastery of VVestminster and of all the Churches throughout England to the end that in our name and authoritie you may by the counsell of your Bishops and Abbots appoint euery-where those thinges that are iust c. By which words is easie to see what gouernment and iurisdiction K. Edward had ouer the Church of England to witt by commission of the Pope noe otherwise By which coÌ„mission also diuers other Catholike Princes haue had in sundrie cases coÌ„mitted vnto them haue at this day spirituall Iurisdiction as namely the Kings of Sicily doe pretend to haue had to haue supreme spirituall authority in that Kingdome as legati à latere by concession of Pope Vrbanus the 2. graunted vnto Roger the Norman Earle of Sicily aboue fiue hundered years past to witt from the yeare of Christ 1097. And yet will none of those that defend this spirituall monarchy at this day for by that name it is called say that it descendeth by right of their Crownes but by concession and delegation of Popes And so much of this matter HOW THE ATTORNEY NOT BEING ABLE TO PROVE HIS AFFIRMATIVE PROPOSITION Of English Kings Iurisdiction Ecclesiasticall before the Conquest VVe doe ex abundanti proue the negatiue by ten seuerall sortes of most euident demonstrations that there was no such thing in that
VValsingham alleadgeth this confirmation of the said priuiledge in his time Quod nullus Clericus sit arrei ratuâ— coram Iustitiarijs suis siue ad sectam suam siue partes si Clericus suae Clerimoniae se submittat dicens se membrum Ecclesiae Sanctae non debere ipsis Iustitiarijs respoÌ„dere That no Clerk maie bee arraygned before the Kings Iustices at the suite of the said King or of anie other party yf the said Clerk doe submitt himself to his Clergie affirming that hee being a member of holy Church ought not to answere to the said Iustices So VValsingham And this shall bee sufficient to meete with the assertion of M. Attorney to the contrary and herewith shall we end our speach of King Henry the eight Of King Edvvard the sixt the one and twentith King after the Conquest §. III. 26. This younge Prince being but a child of 9. yeares old when his father King Henry died as often hath been said was by his Tutors and Gouernours especially his Vncle Earle of Hartford after made Duke of Somerset and some others that followed his appetite in the desire of innouation about matters of religion declared Head of the Church vnder the same stile as his father had been before and by that headship and pretence therof they took to theÌ„selues authoritie to make that change which after ensued partly to the opinions of Luther partly of Zuinglius for Caluin was not yet so famous or forward in credit for some years after and to ouerthrow and alter in effect all that King Henry by his headship had ordained and established before concerning religion as may appeare by the seuerall and particular repeals of the most parte of all his Statutes touching that affaire except only this of his departure from the Pope and obedience of the Sea Apostolicke 27. But yet one principall declaration and important constitution they added in this matter as before hath been touched aboue that of King Henry according to the saying facile est inuentis addere and this is that whereas the Father K. Henry taking from the Pope his accustomed iurisdiction Ecclesiasticall did transferre it vnto his Clergie of England and afterward declaring himself Spirituall head of that Clergie did consequentlie inferre he was head of the English Church also in spirituall matters yet did he not explaine from what origen properly this spirituall power did flow which point the said Gouernours of the child-King Edward did interprete and decide shewing that all spirituall iurisdiction power and authority ouer soules by loosing or binding of sinnes or other spirituall actions in Bishops Prelates and Priests proceeded and was deriued from this young child who yet notwithstanding as ech man may consider was not of yeares to haue perfect vse of reason for disposing so much as temporall matters and how much lesse in spirituall For so affirmeth plainly S. Paul to the Galathians Quanto tempore haeres parâ—ulus est nihil differt à seruo cum sit Dominus omnium sed sub tutoribus actoribus est vsque ad praefinitum tempus à Patre All the time that the heire is young or vnder age though he be Lord of all by inheritance yet doth he differ nothing from a seruant or bound-man in subiection but is vnder Tutors and Administrators vntill the tyme of his age appointed by his Father So the Apostle 28. And if then this young King had not yet authority as of himself to dispose of any temporall affaires which are of much lesse moment we may easily consider what may be thought of spirituall and Ecclesiasticall that require more the vse of reason and iudgement for exercising of iurisdiction therin then doth the other But you will say perhaps that the same Tutors and Administrators that gouerned him in secular Ciuill affaires might take vpon them also iurisdiction in the spirituall likewise and so the Duke of Somerset for example with his assistants might be secondary or vicar-Vicar-heads of the Church of England vnder him for the tyme to absolue or bind sinnes determine of heresies dispose of Sacraments and the like 29. But to this â—s easily answered according to the principles set downe in the secoÌ„d Chapter of this booke that for so much as all temporall power is giuen first of all by God in the law of Nature vnto the people or multitude who thereby haue authority to transferre the same to what manner of gouernement they like either Monarchie or other it followeth also that the Common-wealth that had authority to choose or appoint the state of Kings to raigne ouer them had and hath power to giue sufficient authority in like manner to Tutors and Administrators to gouerne the said Common-wealth in temporall affaires during the tyme of their Kings minority or non-age But that the origen of spirituall power comming not by this way of the people nor being giuen to them at all but immediatly by Christ our Sauiour to his Apostles and their Successours Bishops and Prelates by lawfull Ordination and Succession of Priesthood and imposition of hands to the end of the world no temporall Tutors or Administrators could rightly get into this authority except they were first made Priests and this also by Caluins opinion and assertion as well as ours as before hath byn declared 30. By this then wee see how and by what assurance this headship of the Church and supreme Ecclesiasticall authoritie therof passed from the Father to the sonne which was such as it liked not M. Attorney to alleadge anie one Statute of this mans time against vs though all in deed were made against vs and against the said Father as maie bee easily imagined considering the Current of that time And the very first of all was in fauour of Luthers opinioÌ„ about the Reall presence which afterward they changed into that of Zwinglius They changed also twyce their Communion booke and forme of seruice and Sacraments first vpon the second and third yeares of King Edwards raigne and secondly vpon the 5. and 6. as appeareth in the particular Statutes of those yeares They repealed a great number of K. Henries Statutes as by name concerning treasons and heresies They repealed his famous Statute for PrecoÌ„tracts in marriages as also dissolued diuers of his Courts that he had set vp And finally they respected nothing the said King Henries headship nor his prescription or direction therin but followâ—d their owne for the time that their power endured And yet all was published vnder the name of the Ghospell and New reformation established by negociation in Parlament as though the matter had proceeded from very sound and founded Ecclesiasticall authoritie And this for that time wherof M. Attorney alleadging no one example against vs I haue no further need to enlarge my self Of the raigne of Queene Mary the two and twentith Princesse after the Conquest §. IIII. 31. As M. Attorney doth preâ—ermitt
that fal out much lesse authors of the same for their silence or not reuealing as in this case of the Iesuits you labour to inferre 15. But in truth Sir it seemeth that you attended more to the art of Oratory then to the coherence of Truth in that your speach for that presentlie after your former vvordes you added these for the beginning of your declamatioÌ„ In this discourse I will speake saie you of no other circumstances but of treason and of no other treasons but the Iesuits treaâ—ons of no other Iesuits treasons but such as shal parâ—iculerly concerne this prisoner VVherin notvvithâ—taÌ„ding verie soone after contradicting your self you brought in a long discourse of the antiquity â—nd inuisibilitie of your Church as also of Equiâ—ocation and manie other things vvhich are no â—ircumstances of treason You handled also of â—he Northerne Earles Excommunication of the Queeene and diuers other such things as hapâ—ened before the Iesuits came into England and â—onsequentlie could be no Iesuits treasons And vvhen you come to treat of the prisoner himâ—elf and to proue him a traitor you begin vvith â— Statute set forth in the 23. yeare of the late Queenes raigne vvhich made all Iesuits and other Pristes traitors that came into England or remained in the same and consequentlie concerned not the prisoner in such speciall maÌ„ner as you vvould seeme to promise or if it did yet manie other things you bring in and handle as that of Lopus the Ievv VVilliams York Squier Colen partlie Protestants and partliâ— Catholickes vvho vvhatsoeuer their causes vvere vvherof somvvhat shal be spoken after yet touched they nothing at all that prisoner vvho yet neuer dealt vvith them nor euer vvas accused concerning them VVherevpon is inferred that no one of your three-fold members before mentioned vvas performed by you to vvit that you would speake of no other circumstances but of treason and of no other treasons but of Iesuits treasons of no other Iesuits treasons but such as should particulerly concerne the prisoner at the barre 16. But this defect I suppose that all your auditorie did not obserue by reason of the multitude of other tumultuary matters dravvne in by you against the said prisoner but yet your Rhetoricke in amplifying one point about the first lavv alleadged against the comming in of Priests and Iesuitts vvas so markeable as no man I thinke vvas so dull as did not obserue it and beare it avvay To vvit that vvhereas the said lavv did forbid all Priests vnder paine of death and treason not to come into England or execute anie parte of their priestlie function vvithin the Realme as to preach teach offer sacrifice heare Confessions absolue from sinnes reconcile to God and to the vnion of his Catholicke Church dissuade from sects and heresies and other like offices you in commendation of that lavv protested to proue it to be the most myldest law the sweetest law the law most full of mercy and pitty that euer was enacted by any Prince so iniuriously prouoked And you added in the heat of your eloquence that if you proued â—ot this then let the vvorld saie That Garnet is an honest man VVhich vvas a vvarraÌ„t to al the hearers up hold him for such for so much as no man vvas there so simple but savv it impossible for you to â—roue that assertion and consequentlie that in all their hearings you canonized his honesty â—â— For hovv did you go about to proue M. Attorâ—â—y that this lavv was so myld so ful of pitty lenity â—or sooth for that you saie the meaning was by keeâ—ing Priests of and expelling those that were within to â—â—are their bloud though if they retyred not to spill it â—magine that then if in Queene Maryes dayes for â—xample such a lavv had byn made against Proteâ—tant-Ministers that came from Geneua and other â—laces of Germany vvould you M. Attorney haue â—eemed that lavv a gentle law a sweet myld law a â—aw ful of mercy pitty clemeÌ„cy I presume you dare â—ot saie it But let vs vse an other example of much â—ore moment If in the Apostles time such a lavv â—ad byn made by anie King or Emperour of conâ—rarie religion to them that if anie of the said Apostles or Priests for so they vvere should enter â—nto their dominions to preach a contrarie doâ—trine to the religion there receaued and establisâ—ed and to exercise anie of their Apostolicall or Priestlie functions it should be treason and paine of death could this be called a myld law a sweet lavv a lavv ful of pitty compassion a lavv made for not spilling their bloud or vvould or could the Apostles or their follovvers haue obeyed this lavv or did they obey the Gouernours of the Ievves othervvise their lavvfull Superiours vvhen they coÌ„manded them to preach no more in the name of Christ or to disperse Christian doctrine vvhich they called seditious or to reconcile anie to Christian religion vvhich they held for treason or did they flie though Princes Emperours aftervvardes by publicke Edicts did commaund them out of their dominions or is there not another bloud to be respected called by the Prophet the bloud of the soule vvhereof the Pastor shall be guiltie if he flie for feare or forsake his flocke in time of daunger and persecution is not all this so or can it be denyed or haue not English Priests the same obligation of conscience to help their CouÌ„trey and countrymen in spirituall necessities as had the Apostles and Apostolicke men to strangers for vvhose helpe yet they vvere content to offer their liues and incurre anie daunger vvhatsoeuer VVherefore M. Attorney to speake a truth if you deale vvith men of vnderstanding it is but fond and if of Christian courage it is but trifling eloquence all that in this point you haue vsed about the myldnes svveetnes mercy and compassion of this cruell and bloudy lavv of Queene Elizabeth Children maie be delighted and deâ—uded vvith such bables but vvise-men doe laugh at them 18. Concerning the other heads of doctrine vvhich pleased you to handle in this arraignemeÌ„t â—t the barre vvith no small ostentation of vvorâ—es as being in your ovvne Center namelie Of the Antiquity of your Church Equiuocation and some â—ther such points as they vvere not much ad rem in that assemblie busines so could your friends â—aue vvished that either you had omitted them alâ—ogeather or handled them more substantiallie or as for Equiuocation or mentall reseruation of a â—â—ne sense in a doubtful speach it seemeth plainlie â—â—at you vnderstaÌ„d not the QuestioÌ„ nor the meaâ—ing vvhich both ancient and moderne learned â—en haue in holding that true and necessarie â—octrine no marueile for tâ—at it hath not byn I â—â—inke your educatioÌ„ to be troubled much vvith scrupulositie of vvordes to vvit vvhat sense maie â—e held therin vvithout sinne vvhat not the â—â—amen of vvhich matters belong to more tender â— timerous coÌ„sciences then Kings
Attorneyes coÌ„â—onlie are presumed to haue vvho must speake â—o the purpose hovvsoeuer it be to the truth And â—â— it vvell appeared in that arraignment vvherof â—e novv treat but intend to proceed no further â—â—erein for that the prisoner himself ansvvered this point sufficientlie at the barre as also to the Lordes before in the tovver and a more large discourse maie be made therof hereafter if neede shall require 19. As for your other article about the Antiquity and continuance of your Church a man maie easily see that you sought an occasion to bring it in by making an obiection on the behalfe of Iesuitts against the same and thereby to shevv your skill in ansvvering They hold their religion saie you to be the old Religion where ours is the new confyned to England where on the contrary side their Religion is vniuersall and embraced in the greatest part of this Christian worlde And thus for the maintenance of their rotten Religion doe they seeke to disgrace and blemish our Ghospell But good syr if your ghospell be that of the foure Euangelistes novv receaued vve pretend that it is as much our ghospell as yours and more also for that you receaued it from vs and vpon our Churches credit and for that you call rotten Religion if euer it vvere Religion then neuer can it rott except you put no difference betvvene apples and religion But let vs heare hovv you vvill ansvvere this obiection in your ovvne vvordes as they came set dovvne vnto me from your ovvne mouth 20. But to this saie you I will answere that if our Ghospell be as ancient as Luther it is more ancient then the Iesuitts are though not I trovv then Iesuitts religion albeit it be not conteyned in these narrow limitts of place nor bands of time which they feignedly imagine hauing byn euer since the time of Christ and his Apostles For we doe not deny but that Rome was the mother-Church and had thirty two virginall martyrs of her Popes a-row so continued til in succeeding ages it brought in a masse of errors and idle ceremonyes But you will aske perhaps where our Church lurked before Luthers coming for some hundreds of yeares But I say it makes no great matter where it was so that I â—m certaine it was for as a wedge of gold if it be dissolâ—ed and mixed with a masse of brasse tinne and other metalls doth not loose his nature but remaineth gold still although we cannot determine in what part of the masse it is conteined but the touch-stone will fynde it out so though our Church hath euer byn since Christes time in the vvorld yet being mixed and couered vvith innouaâ—ons and errours vve cannot tell in vvhat part it vvas And I dare say that it is novv more extended then theirs â— for vve haue all England all Scotland all Germany al Denmarke a great part of France al Poland some part of Italie These are your vvordes if the Relators haue byn exact in setting them dovvne as they saie they haue byn And then is there â—o maruaile though you impugne so much the doctrine of scrupulous reseruation of true sense in ambiguous speeches vvhereas so manifestlie you ouer-lash in all those periods vvhich heere you haue layed before vs. 21. But to the matter it self about the Antiquity Continuance Succession Visibility and Assurance of the Church vvhereas you graunt that the Roman Church vvas the true mother-Church from the beginning and had two and thirty virginall martyrs for so you call them for her Popes one after the other vvithout interposition of anie one Bishop that vvas not martyr for more then the space of three hundred yeares you graunt vs so much in this assertion if it be vvel considered as it vvill be hard for you to take it from vs againe aftervvard in your sequent negation vvhich I shal shevv you brieflie by tvvo conuincing Arguments the one Theologicall the other Morall 22. The first is that if the Church of Rome vvas the true mother-Church of Christ and Christian religion for so great a space as you assigne then no doubt vvere all the predictions and promises of Prophets for the greatnes eminency honour certeyntie florishing perpetuitie of the said Christian Church fulfilled in her Christes peculier promises in like manner that he would be vvith her to the end of the vvorld that the holy ghost should lead her into all truth that hell-gates vvhich properlie signify errours and heresies should neuer preuaile against her that she should be the piller and foundation of truth all men bound to obey and beleeue her vvas â—eant also performed in this Roman-Church for three hundred yeares and more and promised â—â— be performed to the end of the vvorld vvherof â—â—sueth that either God is not able to performe what he promiseth for of his vvill there can be no doubt seing he hath promised or else it cannot vvithout impiety be conceaued and much â—â—se beleeued that this Roman-mother-Church so â—â—anted in the beginning by Christ and his Apoâ—â—es bloud and so vvatered for three hundred yeares togeather by the bloud of all her Bishops â—â— spread ouer the vvorld as S. Paul of his ovvne time testifyeth that her faith religion vvas and aftervvard all Ecclesiasticall histories vvithin the time prescribed after doe declare that all other Churches commonly at least-vvise of the vvest-world vvere her daughters by foundation our â—reat-Britany among the rest it is impossible I say to imagine vvith piety hovv this Queene of the vvorld hovv this florishing Church hovv this golden vvedge to vse your ovvne similitude should so be dissolued mingled vvith brasse tinne copper other such contemptible mettalls vvhich you cal Errours innouations as that her Religion should become rotten according to your phrase her self in steed of being the true kingdome inheritaÌ„ce spouse of Christ become his enemy his aduersary an aduovvtresse and the verie povver of Sathan himself against him as you M. Attorney doe make her 23 Hovv I praie you can this be thought by vvhat reason or probability maie it be imagined vvhen hovv by vvhat meanes might this metamorphosis be made The very next age after the forsaid Martyr-Popesliued S. Augustine vvho reciting the said Popes and their Successors vnto his daieâ— called them all holy vvithout distinction and by their lineal succession in the said Church of Rome did persuade himself to haue demonstrated the truth of all Catholicke Religion as vvell in Africa vvhere he vvas as throughout the vvhole vvorld against all heretickes 24. And after him againe liued in the same Sea as Bishops thereof S. Leo and S. Gregory both of them surnamed Great in respect of their great sanctitie great learning and famous acts and vvith them and after them concurred and suceeeded in other Christian Churches of the vvorld as Fathers and Doctors S. Maximus S. Prosper Vincentius Lyrinensis S. Gregory of Tovvers S. Fulgentius S.
Benedict and others all making the same accompt of the Roman Church doctrine sanctity and authority thereof as the former Fathers did And hovv then could come in this transfusion and transmutation of gold into lead vvhich you dreame of M. Attorney and are content to deceaue your â—â—f and others to your eternall perill of perdition 〈◊〉 this nevv inuention of a golden wedge vvhereof â—â—n saie that you are a fast friend but this apperâ—â—yneth rather to my second argument to shevv the morall impossibilitie also of this seelie fiction For let vs suppose that there vvere a wedge â—â— gold so dearelie bought and purchased so careâ—â—â—lie deliuered and â—o earnestlie recoÌ„mended to the possessors as the Church of Christ vvas vnto his disciples and follovvers and that there vvere so â—any vvatch-men appointed to looke continuâ—â—lie vpon this golden wedge and so sure a guard allovved them for defence of the same as Christ appointed Pastors ouer his Church offering them for guard his vvhole povver and omnipotencie â—o defend it and if this vvere so hovv could this â—â—edge that from the beginning vvas pure golde â—â—e imagined to loose her nature and passe into other baser mettalls or be melted mingled dissolued or changed into the same vvithout that any â—ne of the foresaid vvatch-men should open his â—outh resist or testify this chaunge Are not â—hese morall impossibilities and metaphysicall imaginations onlie to delude your selues and others â—6 Let vs compare then brieflie these matters togeather VVe read in all Authors and see by experience that in sixteene hundred yeares sinâ— Christ his Church vvas founded and set on foot that in euerie age the Doctors Prelates and Pastors that vvere vvatch-men of the Church for that time vvere so diligent in their vvatch as 〈◊〉 least errour or heresie appeared in their daies buâ—â— presentlie they cryed out made vvarre against iâ— and finallie by help and assistance of their guard and Captaine in the end ouercame and vanguished the same Let the examples of Simon Magusâ— Philetus Hymenaeus Cerinthus Ebion Menander and other heretickes rising vp amongst the Apostle be examples for the first age Saturninus Basilide Carpocrates Cerdon Valentinus Marcion Apelleâ—â— and others for the second Nouatus Sabellius Manes Noetus and their follovvers for the third Arrius Aerius Photinus Iouinian Donatus Apollinaris their adherents for the fourth so in euerie age vnto our dayes vvherein no man vvas spared though he vvere neuer so great no former meritts respected though neuer so many if he vttered any thing against the common receaued vniuersall Catholicke faith And so vve see that both Origen and Tertullian most rare learned men vvere condemned Osius and Lucifer Calaritanus tvvo famous Bishops noted S. Cyprian also one of the oracles of the Christian vvorld called in question for points of doctrine different from the vniuersall Church VVhereof vve doe inferre most euidentlie and â—â—ainlie that if any Fathers in the eusuing ages â—â— vttered anie thing in their speaches sermons vvritings that in any least point had byn different from the said vniuersall Catholicke doctrine it vvould haue byn resisted in like manâ—â—â— and noted in one Countrey or other and â—â—er vvould haue passed for Catholicke doâ—â—â—ne to their posteritie vvithout note or repreâ—â—sion at all As for example to take one for all for that â—â—one all maie be iudged of If S. Augustine that 〈◊〉 more then a hundred yeares after those marâ—â—â— Popes of Rome vvhich you mention did â—â—th preach and vvrite in so manie places of his â—orkes of Purgatory of the Sacrifice of the Masse â— Iustification by good vvorkes of Praier for the â—â—â—d of the single life of Clergy-men of the Perfection â—â—religious life of the Preheminencie of the Sea of â—â—me and manie other such articles expreslie â—â—posite to that you hold commonlie in England â—hich he handleth so plainlie as anie of vs can â—â—e in these our dayes if anie of these pointes â—â—d byn strange or nevv doctrine at that time 〈◊〉 so much as suspected of error heresie or falâ—â—â—ood no man of common sense can imagine â—ut that they vvould haue byn contradicted or â—oted by some man or other so manie learned godly men liuing vvith him and after him bâ— this vvill neuer be proued to be so or that the points or the like vvherein vve differ from 〈◊〉 Protestans vvere either in him or other noted â—â— condemned for heresies and consequentlie bâ—â— this argument of morall euidence it is conuinceâ— that they vvere neuer accompted either errors 〈◊〉 heresies before the hereticall contradictions 〈◊〉 these later ages sprang vp that by such as vveâ—â— accompted and condemned by the vniuersal Church of Christ for hereticks themselues 28. And as for the comparison of the true Catholicke Church of Christ vnto a wedge of gold so mingled vvith lead copper baser mettalls as it cannot be knovvne vvhere it is is a verie base and leadden comparison by M. Attorneyes leaue For if the Church must baptize the Church must instruct vs the Church must gouerne vs and minister vs Sacraments resolue our doubts and giue vs directions to life euerlasting hovv can men repaire vnto her that is so hidden couered as she can neither be seene nor found Nay you saie it makes no great matter where she is so you be certaine that she be By vvhich doctrine a man in England may be as vvell saued by a Church in Constantinople or in the Indyes as in England it self seing there is no conuersation necessarie vvith it no coÌ„ference to treaty no recourse no dependence of it no obedieÌ„ce vnto it nor importeth it vvhere â—t be so I be sure it be in some place though I knovv not vvhere or in vvhome And vvhat doth â—his certaintie auaile me M. Attorney if I haue no â—enefit from her These be those monstrous and strange Chimeraes in deed floating in vncertaintyes vvhich you mention in your Preface to the Reaâ—er for that these are euacuations and exinanitioÌ„s â—f all fruite of Christian doctrine dravving all to â—eere fancyes of idle conceites vvithout effectes â—f anie substantiall fruite or spiritual helpe vvhatâ—oeuer For vvhereas all the ancient Fathers in all â—â—eir vvorkes doe labour to set forth vnto vs the â—â—finite real benefits vvhich vve receaue by being in the true Catholicke Church as all those before mentioned of instruction gouerment grace â—y Sacraments remission of sinnes and the like and that it is impossible to be saued vnles a man â—â—e in her reuerence her heare and obey her feare â—â— go out of her and consequentlie haue daily and â—ourlie treating vvith her and dependance of â—â—er vvvhich cannot be vvithout certaine knovvâ—â—dge vvhere she is or euident signes hovv to knovv and discerne her from all others you by a contrarie nevv deuise neuer heard of I thinke beâ—â—re doe affirme that it importeth not where your church was for many ages and hundreds of yeares so â—â—at she were at all 29. And thus much for her
inuisibilitie in those ages but novv she is become visible in our daies Nay you doe set her forth vvith so great an enlargement of greatnes and glorious apparence as you say she is more extended now then ours For that quoth you vve haue all England all Scotland all Germany all Denmarke all Poland a great part of France and some part of Italie VVherein your large extension of your Church in this second parte of your Relation if vve could beleeue you is no lesse strange then vvas your restriction of her secresie and inuisibilitie in the first For vvho vvil graunt you al England for Protestants vvhen they shall see so many prouisions made against both English Catholickes Puritanes vvhich later part of men as vvel as the former that they caÌ„not make one Church vvith you shall preseÌ„tlie be shevved in the Preface of this vvorke 30. Hovv you haue all Germany for youres there being so manie religions and the greatest parte Catholicke and other different Sects greatlie disagreeing from you I knovv not by vvhat figure you can make your Reader to beleeue that you speake truth The like I saie of Denmarke vvhere al are Lutheranes and not of your Church nor vvill it admit Caluinistes to dvvell or dy or be buried amongst them Of all Poland it is a notable hyperbole for so much as both the King â—â—d State professe publicklie the Catholicke reliâ—â—on and the Sectaryes that are in that kingdome â—â—e Trinitarians Arrians Anabaptists more perhaps â—â—nuber then Caluinistes I marueile you omitted â—â—ecia and Noruegia vvhere as they are not Cathoâ—â—â—kes so are they not of your religion or Church 〈◊〉 nor those of France neither though they be â—â—luinistes for as for your some parte of Italie I â—old to be no parte at all nor vvas it anie thing â—se but a certaine ouerflovving of your speach to â—ake the full sound of a greater number the Proâ—â—stants of France I say cannot make one Church â—â—ith you as neither those of Scotland vvith the residue of Holland Zealand and other of â—â—ose Prouinces vnited of Geneua as their Moâ—â—er-Church these I say being all Puritanes â—â—d Precisians cannot make any Church vvith â—ou in that vnion of faith and doctrine vvhich â—â—e vnity of a Church requireth as by your and â—â—eir ovvne confession vvritinges testimonyes â—â—d protestations is extant in the vvorld to be â—â—ene Wherefore I shall desire the intelligent Reaâ—â—r to make vvith me a briefe recollection about â— Attorneyes doctrine for his Church First he â—â—aunteth as you haue heard the Roman Church 〈◊〉 haue byn the true Mother-Church for diuers â—ges togeather spread ouer the vvhole vvorld dilated throughout all Prouinces perspicuous eminent and admirable in florishing glorie by the greatnes and multitude of her children professing Christ euery-vvhere in vnion of faith doctrine and Sacraments as the holie Fathers iâ— those ages and others ensuing doe testify vnto vs 32. Secondlie he vvill haue this glorious Churcâ— so to haue fallen sicke pyned and vvitheredâ— vvay vvithout groaning and so to haue vanisheâ— out of mens sightes as she could not be knovvn vvhere she vvas for many hundred yeares togeather nay he vvill haue her to be like a wedge oâ— golde so corrupted and mingled vvith lead anâ— tinne as no man can tell vvhere the gold lieth except he try it vvith the touch-stone vvhich touch stone in our case he saith to be the scripture vvhereby the Church must by euerie man be tryed and touched so as ech one that vvill knovv this Church and haue benefit from the same musâ— touch her first see vvhether she be the Church or no and so in-steed of submitting himself vnto her and to be directed by her he must first makâ— himselfe touch-maister and Iudge ouer her 33. Thirdlie M Attorney hauing shifted of this time of the inuisibility of his Church in this sort he novv in this last age maketh her so visible againe vpon the suddaine as that she comprehendeth all the Churches of the aforenamed Kingâ—â—mes of vvhat Sect or profession soeuer so that â—â—â—y differ from the Catholicke vvhich are some â—â—ne or ten Sectes at the least al dissenting amoÌ„g â—â—â—mselues professing in their vvritings actes â—â—d doings that they are not of one religion nor â—â—nsequentlie can be of one Church and yet eâ—â—â—ie one goeth vvith his touch-stone in his hand 〈◊〉 vvit the Bible as vvell as M. Attorney and are â—eady to touch him and his Church as he them â—â—d theirs but vvith different effect and successe 〈◊〉 he fyndeth by this touchstone as you haue â—â—ard that all they are of his Church but they â—â—d euery one of them by the same touch-stone â—â—e fynde the contrary and not one of them vvill â—â—unt I saie not one of all the vvhole number of nevv Sectes that the Church of EnglaÌ„d as novv standeth is either the true Church of Christ or â—â—eir Church and in this I dare ioyne issue vvith â— Attorney out of their ovvne bookes assertions â—â—d protestations So as novv M. Attorney that vvhich in the â—â—â—iptures is so memorable of it self so commenâ—â—d by Christ our Sauiour so respected by the Aâ—â—stles so testifyed and defended by the primitiue â—artyrs so magnifyed by the ancient Doctors â—â—d Fathers and by all good Christians so reueâ—â—nced and dreaded I meane the glorious name â—f the Catholicke and vniuersall Church and the benefit to be in her and of her vvithout vvhich no saluation can be hoped for of Christ but ineuitable and euerlasting perdition by vvhich on the other side and in which saluation onlie maie be attained all this I saie is come to be so poore base and contemptible a thing vvith you and so vncertayne as you knovv not vvhere your Church is nor greatlie care so that at all she be and vvhen you name your Sectary-brethren and associates therein they denie you and your alliance as you see and vvhen you assigne your touch-stone of scriptures they vse the same against you and proue thereby youres to be no Church and ech one of themselues in seuerall to be the onlie true and Christian Church And this haue you gained by leauing the Roman vvhich you graunt in old times to haue byn the holy mother-Church see vvherevnto you are come and this shall suffice for this matter 35. This epistle vvould grovv ouerlong if I should entertaine my self in all the impertinent speeches vvhich you had that daie in your glorie as it semeth against Catholickes the least parte vvhereof did in vvise-mens sightes concerne the prisoner at the barre though by your Rhetoricall application all vvas dravven vpon him by hooke or by crooke for that Yorke VVilliams Colen Squiar and Lopus vvere brought in squadron to muster there to that effect vvherof all notvvithstanding except the last are defended and their conspiracies most euidentlie proued to haue byn feygned by a learned vvorthy and vvorshipfull gentleman of our Countrey dedicated these yeares past to the Lords of the late
oftentimes runneth no small daunger of his soule through the passions of anger hatred reuēge vain-glorie couetuousnes appetite of honour and the like affections of mynd vvhich peruert iustice and vvherof most strait accompt must aftervvard be rendred for the same 54. And if in any part of the vvorld this Fiscall office and authority be full of perill much more in England vvhere his povver is much more absolute then in any other countrey vvhatsoeuer For that in other Realmes the defendant for his life hath other Attorneyes and learned counsell allovved him as hath bene said but in England all is committed in a certayne sort to the Kings Attorney onlie vvhere the matter any vvay concerneth the Princes interest and albeit he be svvorne to be equall and indifferent betvvene the Prince and his subiect especiallie in matters of life and death yet doe all men see hovv that is obserued the Attorney thinking it his greatest honour to ouerthrovv any man that commeth in his vvay by all manner of opprobrious proceeding by scoffs iestes exprobrations vrging of odious circumstances tales inuentions cōparisons rhetoricall exaggerations the like vvhich seemed in old time so vnciuill and inhumane against men in misery that diuers States and Cōmon-vvealthes though Pagan and Gentile did forbid them to be vsed by the Actor notvvithstanding the lavv allovved them a defender and tvvice as much time for the defence as the Actor had for his accusation 55. All vvhich points of ayd and comfort doe faile in our English tryall of life and death and one more besides of singular importance vvhich is that the Iury commonlie is of vnlearned men and therby easilie either deceaued by crafty and coloured arguments of the accuser not hauing time to examine or iudgement to discerne them or led by false affectiōs or terrifyed by force of authoritie vvhich in graue learned Iudges vvere not so much to be feared And by this may M. Attorney acknovvledg vvith me some part of the danger of his office vvho by one onlie vvorde looke signe or action may oftentimes preiudice the bloud of the prisoners that stande at the barre much more by so many exaggerations reproaches and insolencies vsed against them VVho remembreth not that late hateful exprobration to the vnfortunate Earle to vvhome it vvas obiected at the barre that he thought to be the first King Robert and novv he vvas like to be the last Earle of that name and hovvse And the other yet more bitter vnto his Secretary Cuff that you vvould giue him at length such a cuff as should make his head to reele against the gallovves these things to men in misery are great encreasmētes no doubt of their calamityes and so much the more by hovv much they tasted of insolency neuer allovved of by vvise and moderate men tovvardes those that be in affliction or distresse And thus vvill I end this my first speach vvith you referring my self for the rest to that vvhich ensueth throughout this vvhole Answere Cath. Deuine A TABLE Of the particular Contentes Chapters and Paragraphes of this ensuing Treatise THe Preface to the Reader conteining the weight and importance of this our Controuersy wherby may be resolued whatsoeuer is in question betwene men of different Religions at this day in England The Answere to the Preface of Syr Edward Cooke the Kings Attorney Generall about Errour Ignorance and Truth and way to try the same Chap. I. pag. 1. The state of the Question in generall concerning Spirituall and Temporall Power and Iurisdiction their origen and subordination one to the other And how they stand togeather in a Christian Common-wealth Chap. II. pag. 23. The second part of this Chapter about the subordination of these two Powers the one to the other different greatnesse of them both § 1. pag. 32. The third Part of this Chapter shewing how these two Powers and Iurisdictions may stand well togeather in agreement peace and vnion § 2. pag. 40. The particular state of the controuersy with M. Attorney concerning the late Queenes Ecclesiasticall Power by the auncient lawes of England deduced out of the case of one Robert Caudery Clerke Chap. III. pag. 47. The second part of this Chapter with a more cleere explication of the Question § 1. pag. 57. VVheras in the case proposed there may be two kinds of Proofes the one De Iure the other De Facto M. Attorney is shewed to haue failed in them both And that we doe euidently demonstrate in the one and in the other And first in that De Iure Chap. IIII. pag. 63. The second Part of this Chapter wherin is shewed that Queene Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction § 1. pag. 74. Of the second sort of Proofes named De Facto wherto M. Attorney betaketh himselfe alleadging certaine instances therin And first out of the Kinges before the Conquest Chap. V. pag. 92. How the Attorney not being able to proue his affirmatiue Proposition of English Kinges Iurisdiction Ecclesiasticall before the Conquest we doe ex abundanti prooue the negatiue by ten seuerall sortes of most euident demonstrations that there was no such thinge in that tyme but the quite contrary Chap. VI. pag. 103. The first Demonstration of the lawes made by ancient Kinges before the Conquest § 1. pag. 105. The second Demonstration That the first Ecclesiasticall lawes in our Countrey came not from Kings but from Prelates § 2. pag. 108. The thid Demonstration That all Ecclesiasticall weighty matters were referred by our Kings and people to the Sea of Rome § 3. pag. 113. The fourh Demonstration That Confirmations Priuiledges Franquizes of Churches Monasteries Hospitalles c. were graunted by the Pope § 4. pag. 124. The fifth Demonstration That Appeales and Complaints were made to the forsaid Sea of Rome about Cōtrouersies that fel out in Englād § 5. pag. 131. The six Demonstration Of the Kinges and Archbishops that liued togeather in our Countrey before the Conquest and what lawes they were like to make § 6. pag. 139. The seauenth demonstration Of the concourse of our Kinges of England with other Princes and Catholike people abroad § 7. pag◠141. The eight demonstration Of the making tributary to the Sea of Rome the Kingdome of England § 8. pag. 142. The nynth demonstration Of the going of diuers Kinges and Princes of England to Rome for deuotion to that Sea § 9. pag. 147. The tenth demonstration Of the assertions and asseuerations of diuers Kinges of England for preheminence of spirituall Power VVith a Conclusion vpon the former demonstrations § 10. pag. 151. Of the Kinges after the Conquest vnto our times And first of the Conquerour himselfe whether he tooke spirituall Iurisdiction vpon him or no by vertue of his Crowne and temporall authority Chap. VII pag. 155. Reasons that shew William the Conquerour to haue acknowledged euer the authority of the Sea Apostolicke § 1. pag. 160. Of King William the Conquerour his lawes in fauour of the
spirituall gouernment to women but placeth it where it ought to bee in S. Peter his Successors aboue all others I shall alleadge the place somewhat more at large which containeth a graue ponderation of those words of our Sauiour vnto S. Peter in S. Iohns ghospell Petre amas me c. Peter dost thou loue mee more then the rest and he answearing that he did Christ replied if thou loue mee feed my sheep Wherof S. Chrysostome doth inferre that Christ in these words did first of al specially commit the supreme charge of his said sheep to S. Peter and his Successors Pecudâ—â— curam saith he quas sanguine suo acquisierat tum Petro tum Petri Successoribus committebat He committed to Peter and to Peters Successours the care of his sheep which he had purchased with his owne bloud And againe Petrum Christus authoritate hac praeditum esse voluit reliquos item Apostolos longe praecellere Christ would haue Peter to bee indued with this supreme authority ouer his sheep and therein far to excell all the rest of the Apostles c. 37. Secondlie S. Chrysostome maketh a deep ponderation vpon these words of our Sauiour of the singular loue which he would haue Pastors to beare vnto his sheep and which hee bare himself giuing his bloud for them and what hee exacted at this high Pastors hands for gouerning and feeding of them in this his demaund or interrogation concerning his loue Atque illi quidem licebat saith he verbis huiusmodi Petrum affari Si me amas Petre Ieiuniae exerce super nudam humum dormi c. Our sauiour Christ might haue spoken to Peter in this sorte vpon his answeare of loue if thou loue me Peter exercise fasting sleep on the bare ground watch continuallie releiue them that bee oppressed shew thy self a Father to orphans and bee vnto widdowes insteed of their husbands But now Christ pretermitting all these other good works what saith hee vnto him Pasce oues meas c. Feed and gouerne my sheep for that all the rest of those good works before meÌ„tioned may bee perfourmed by many subiects not only men but also women At cum de ecclesiae Praefectura de credenda huic vel illi tam multarum animarum cura agitur vniuersa quidem mulieris natura functionis istius moli ac magnitudini caedat oportet itemque bona virorum pars But when the Question is of any gouernmeÌ„t ouer the Church or about committing to this or that person the charge of so many soules then must all women kind yeeld and giue place to the weight and greatnes of this function and so must also a good parte of men to witt all such as are of the lay sorte and haue not Ecclesiasticall iurisdiction laid vpon them by the ordinarie means before mentioned of ordination succession in the Church of God descending originally from this first fountaine of all ecclesiasticall power vpon earth committed by the sonne of God to S. Peter and his Successours to endure to the worlds end 38. And thus haue wee cleerlie the sentence beleife iudgement of S. Chrysostome concerning spirituall authority for gouerning our soules that it was giuen eminently to S. Peter and his Successors aboue the rest of the Apostles but so as only men and those not all but Priests alone and Cleargie-men doe or may succeed therein and that all kinde of women are excluded in respect of their sex from any superiority or prefecture ouer the Church And what-soeuer S. Chrysostome held preached or left written in this behalfe be being so great a Doctor and piller of Christs Church in his dayes the thing it self neuer contradicted or reprehended by any other may assuredly be held for the common doctrine iudgement sense faith and beleife of the vniuersall Catholike Church in that age and consequently also both of the former and following ages vntill our time And how much this consideration ought to preuaile with a prudent man that followeth not passion but reason and hath care of his owne soule is easy to see And so much of this matter 39. And now further I remember that I promised to proue my negatiue also by the ancient common municipall lawes of England of which though I might say as before I said of the Fathers and Doctors of former tymes that they ordayned nothing expresly of this particular case for that they neuer imagined that any such matter would fall out yet doe they determine that expresly which includeth this which is that they confirme euery-where the libertyes preheminencyes and prerogatiues of of the Church and Church-men of England which doe principally consist in this that only Ecclesiasticall men haue Power and Iurisdiction in Ecclesiasticall affayres and that no lay person and much lesse a woman can meddle therin and that there be two distinct swords in a Christian Common-wealth the one temporall in the hands of the Prince the other Ecclesiasticall in the hands of the Bishop and that the Ecclesiasticall is greater and more soueraigne then the temporall that this later must help be subordinate to the former All which yow shall see decreed as well in the lawes of K. Edgar and K. Edward before the Conquest as also of the Conquerour himself which after in due places we shal set downe 40. And to all this now may we ad certaine manifest reasons which besides the foundations before laid or rather out of them all our Deuines doe alleadge whie a woman may not be head of the Church or haue spirituall Iurisdiction in Ecclesiasticall affayres Wherof the first is that Christ our Sauiour being a Priest according to the order of Melchisedech and refusing to be a temporall King as out of the ghospell is euident he left in his place Priests to gouerne his Church as before hath bene declared both out of Scriptures and ancient Fathers but a woman cannot be a Priest as both we and Caluinists doe hold though Luther taught otherwise for a tyme as hath bene said and is refuted at lardge by K. Henry the 8. Q. Elizabeths Father in his booke against him and therefore the said Q. Elizabeth could not hold the place of Christ in spirituall Iurisdiction in the Church of England 41. A second reason is founded vpon the maxime before alleadged by M. Attorney Cui licet quod maius est licet quod minus He that can doe the greater can doe the lesse But it is more to be able to giue authority to others to exercise spirituall functions and Iurisdiction than to doe the same in his owne person ergo if Q. Elizabeth could giue authority to Bishops and Pastors to make Ministers administer the Sacraments preach and teach with the like which belongeth to the head of the Church than could she doe them also her self Which conclusion notwithstanding all English Protestants commonly doe deny yet is the Consequence euident and the Minor proposition is
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
reliques to witt of S. Peter and of S. Paul S. Laurence S. Iohn S. Pancratius and S. Gregory and vnto your Queene our spirituall daughter we haue sent a crosse and golden key hauing in it some parcells of the sacred chaines wherwith the Apostlds S. Peter and S. Paul were bound 25. Thus wrote the Pope at that tyme not being able to giue them an Archbishop fitt for the present but afterwards saith Bede he being very carefull therof and enquiring amongst learned men whome he might choose he first cast his eye vpon one Adrian an Abbott of a monastery neere vnto Naples which Adrian was by natioÌ„ an African but very skillfull in the Latin Greeke tongue well instructed as well in Monasticall as in Ecclesiasticall functions But this man flying the dignity of Archbishop named vnto the Pope one Theodorus a Monke borne in Tharsus of Cilicia as S. Paul th'Apostle also was a man of excelleÌ„t learnâ—â—â— and vertue whome Pope Vitalianus commaunded to take the charge vpon him of being Archbishop of Canterbury and Metropolitan of the English Church which thinge he refusinge for a tyme yet at length accepted it with condition that the forsaid Adrian should goe thither with him and so he was consecrated and sent with authority to create other Bishops thorough-out England as he did He arriued there vpon the yeare 669. and waâ— ioyfully receaued by the foresaid Kings and Christian people liued twenty yeares in that sea Neither were there euer saith Bede after the English-mens arryuall into Britany more happy tymes then these when our nation had most valiant Christian Kings that were a terrour to barbarous nations and when all men desires were enflamed with the loue of Christes heauenly ioyes lately reuealed vnto them so as whosoeuer had desire to be instructed in sacred doctrine had maisters ready to instruct them by the diligence of this new Archbishop and not only this but all English Churches also began now by the industry of the Abbot Adrian to learne the tune of singing in the Church throughout the realme which before was only in Kent c. Theodorus also visiting the whole Realme ordeined Bishops in all opportune places and whersoeuer he found any thing not perfect he by their helpes did correct the same Hitherto are the words of S. Bede of this our Christian primitiue Church 26. And all this now is within the first hundred yeres therof when it was most happy feruent and deuoute by S. Bedes iudgement but much more remaineth to be said of the same if I would consider euery particuler Kingdome and what passed therin this first age But if I should passe downe with like search through the other foure hundred yeares that doe ensue befoâ—e the Conquest I should not be able to conteyne my self within the compasse of this booke and much lesse of one Chapter and of one only argument or Demonstration therof For that euery where during this tyme we shall find that all our Christian Kings in all spiritual matters appertaining to Ecclesiasticall iurisdiction made their recourse to Rome or to the Archbishopâ— or Bishops of England as subordinate or authorized from thâ—â— Sea nor euer did they by act worde deed or decree signifie that they thought to haue Ecclesiasticall power or iurisdiction to dispose of those affaires themselues except perhaps some tymes and of some things by commission from the other 27. Let amongst others the wise and renowned King Edgar the first publicke author of English lawes be an example who hauing in hand a most important consultation how to reforme the liues of Clergie men of this realme but especially of certaine secular Priests in those daies procured first that S. Dunstan the Archbishop of Canterbury should call a Synode about the same who resoluing that the best meanes would be to put in religious men to witt Monkes into euery Cathedrall Church in place of the other that liued disorderly the King tooke not vpon him to doe it himself by his owne kingly authority or to giue commission to any of the said Bishops to doe the same but made his recourse to Rome to Pope Iohn the 13. praying him to authorize the two holy Bishops of VVinchester VVorcester to wit S. Ethelwold and Oswald to make this reformation which he would neuer haue done if he had thought that by his owne Kinglie power descending from his Crowne it had belonged to himself or that his Parlament might haue giuen him the said authority of visiting and reforming altering and disposing as it did to Q. Elizabeth 28. And this may be shewed from one to one in all this time throughout the raignes of aboue an hundred Christian Kings before the Conquest as hath byn sayd if the breuity of this place did permitt me to prosecute the same And my aduersary is not able to shew me one instance out of all this time truly sincerly alleadged to the contrary in this I chalenge him if he thinke himself able to answere me And so shall I passe to the fourth argument if first I recite one example more out of the second age after our conuersion for it is of eminent circumstance and declareth fully what was the sense of our Kings and their nobilitie and Clergie in those dayes 29. Next after K. Ethelbald who was the fifth Christian King of the Mercians and to whome S. Bonifacius called VVinfred before martyr Apostle of Germany wrote so sharpely to amend his life as in all our English histories is to be seene there succeded K. Offa who did great matters in his dayes and as Malmesbury writeth had both great vices and great vertues and among other things he bearing a grudge to the people of Canterbury and to their Archbishop Lambert he pretended to seperate from the obedience of that Sea all the Bishops and Bishoprickes that were within the Kingdome of Mercia which were the greaâ—er 〈◊〉 of the Suffraganes of that Sea and to procure them by the consent and authority of Pope Adrian to be subiect to the bishop oâ— LICHFIELD as to the chief Metropolitan of his dominionâ— and so many reasons he alleadged and vrged for the same togeather with his might and power that the said Pope Adrian as after you shall heare began to yeld somewhat to his demaund notwithstanding the often appellations of the said Archbishop Lambert but Pope Adrian dying Leo the third being chosen in his place Offa dyed in like manner soone after as also the Archbishop Lambert in Offa his place succeded Kenulphus a most noble King and to the Sea of Canterbury for Lambert was chosâ—â— Athelardus that had byn Bishop of VVinchester before one of the rarest men if we beleeue famous Alcuine maister to Charles the Great that euer our nation bred 30. This Archbishop then hauing made his appeale also to Rome as his predecessour had done for recouering the ancient honours and
but his said Father being dead and none other left of the bloud-royall to succeed him he was persuaded for the publicke good of his Countrey vpon the dispensation of Pope Leo the third procured by his Father before notwithstanding his said holy Order of Subdeaconship to accept the Crowne and marry so he did Concedente Leone illiuis nominis tertio ex gradu Subdiaconi VVintoniensis in Regem translatus est By the concession or dispensation of Pope Leo the third he was translated from the degree of a Subdeacon in the Church of VVinchester to the Crowne-royall So Malmesbury Wherevnto both he and Stow doe add that he married soone after Iudith daughter to Charles the great King of France by whom he had foure sonnes which all succeeded him after in the Crowne and he liued so long as he sent his fourth son Alured or Alfred a goodly young Prince at that tyme to be brought vp in Rome vnder Leo the fourth of that name which began to sitt in that Sea vpon the yeare 847. to whome K. Ethelwolfe went also after himself in person and receaued many fauours and spirituall graces from him And thus doe write our auncient historiographers in this matter 35. The other example may be of King Edward the Confessor who hauing made a vow to goe in person to Rome and being dissuaded from the same by the consent of his whole realme for the daungers of the wayes in those troublesome tymes and for the necessity of his presence at home was forced to aske dispensation of his vow at the handes of Pope Leo the nynth whoe graunted the same willingly as appeareth by his letters therof written appointing him to bestow in almes vpon the Monastery of VVestminster what otherwise he should haue spent in his iourney and the same was confirmed after againe by Pope Nicoâ—â—s the second vnto whome the said King wrote also for the confirmation of Pope Leo his sentence that succeeded in the Sea of Rome though not immediatly after the former as by diuers clauses of both their letters which we will produce in the next ensuing chapter doth most euidently appeare 36. And for other two examples after the Conquest to omit the rest may serue first that of King Iohn who sued to Pope Innocentius the third to be dispensed withall for his oath which he had made to the Barons of England vpon feare and coaction as he pretended wherof more afterward shall be said when we come to treat of his life and raigne in particular And the other of King Henry the seuenth who procured from Pope Iulius the second that notorius dispensation for Prince Henry his sonne to marry the Princesse Katherine of Spaine left by his brother Arthur wherabout there was so much adoe afterward for auoyding the force therof when their diuorce was treated in England and elswhere abroad Others I omitt because these alone are sufficient to shew what opinion was held from time to time by the Kings of England concerning the Popes soueraigne supreme authority in spirituall matters belonging to conscience and direction of soules farr different yea quite contrary to that which M. Attorney would persuade his Reader Now let vs passe on to some other Demonstrations The fourth Demonstration 37. The fourth argument is gathered out of that which before we haue mentioned in the precedent chapter of confirmations of Churches Hospitalls Monasteryes and other pious workes that are to be perpetuall and of priuiledges immunityes and exemptions graunted thervnto which alwaies were demaunded of the Sea Apostolike in these dayes as they are now in ours and their foundation was neuer held for firme to perpetuity without the said confirmation and ratification of the Bishop of Rome which is a signe that they acknowledged his supreme spirituall authority and that it was not in their temporall Kings especially for so much as the said Kings themselues did sue to Rome for such confirmation ratification and spirituall priuiledges as the workes by them founded had need of 38. And of this infinite examples might be shewed throughout all this tyme before the Conquest but I must moderate my self as well in this as in the former and therfore shall touch some few only and those all as briefly as I can for that this chapter groweth to be ouerlong We haue shewed how King Ethelbert â—or the first Monastery that euer was in England within foure yeares after his conuersion procured confirmation and exemption therof from S. Augustine Archbishop and Legate of Pope Gregory and how S. Mellitus some yeares after that being the third Archbishop of the same Sea went to Rome in person about the confirmation of his Monastery of VVestminster by Pope Bonifacius and how Pope Honorius after him againe graunted priuiledges to the Churches of Canterbury and Yorke at the petition of King Oswyn of Northumberland of King Egbert of Kent And this course was held afterward by all other Kings in the founding of Churches Monasteries and other pious workes to wit that they made recourse vnto Rome and the Bishops therof for the confirmation ratification establishment priuiledges exemptions of the same in spirituall matters which by all likelyhoode they would not haue done if these Kings had thought themselues to haue had sufficient authoritie from their Crownes to doe the same without dependance from the Sea Apostolicke 39. We reade in S. Bede that in the time of King Egfrid and S. Theodorus before meÌ„tioned the seuenth Archbishop of Canterbury about the yeare of Christ 680. one Biscopus an Abbot otherwise called Benedict hauing by the licence and liberality of the said King builded a Monastery neere to the mouth of the riuer VVyer went by consent of the sayd King to Rome to aske confirmation and priuiledges of Pope Agatho He demaunded and receaued saith S. Bede of Pope Agatho a letter of priuiledge confirmed by his Apostolicall authority for the defence and strengthning of the liberty of his Monastery according to the will and meaning of King Egfrid by whose licence and liberall gift of lands aud possessions he had erected the same Monastery So Bede Who also in another parte of his workes writing the life of S. Bertolphus a holy Abbot saith that in the dayes of Honorius the Pope for that a certaine Bishop went about to molest the said holy mans Monastery he made a iourney to Rome to demaund franquises and exemption for the same from the said Episcopall authority Cui praebuit saith Bede optatum munus sanctus Papa priuilegia scilicet Apostolicae sedis quatenus nullus Episcoporum in praefato Coenobio quolibet iure dominari conaretur Vnto which holy man the holy Pope Honorius gaue the gifte which he desired to wit the priuiledges of the Apostolicall Sea to the end that no Bishop vnder any preteÌ„ce of right whatsoeuer should goe about for the tyme to come to take vpon him any dominion in that his Monastery 40.
possessions sent a solemne embassage to Rome vnto Pope Iohn the thirtenth at the very same tyme when there was a Synode there gathered togeather to witt vpoÌ„ the yeare 971. beseeching the said Pope that he would confirme the priuiledges already graunted by the said King vnto the Monastery of our blessed Lady in Glastenbury behold how the King graunteth priuiledges vnder ratihabition in hope of ratification by the Pope and so saith Malmesbury direxit châ—rographum Regiae liberalitatis orans vt ipse hoc roboraret scripto Apostulicae auctoritatis And the King directed vnto the said Pope letters written with his owne hand testifying his princely liberality bestowed vpon the same Monastery beseeching that the Pope also would strengthen the same with some writing of his Apostolicall authority Which embassadge of the Kings Pope Iohn receauing benignly and by the vniforme consent of the Councell gathered togeather confirmed the said priuiledges of K. Edgar by an Apostolicall rescript and not only did he confirme that which Edgar had done before but added diuerse spirituall priuiledges besides saying amongst other things thus VVe yelding to the humble petion of King Edgar and Archbishop Dunstane doe receaue the said place of Glastenbury into the bosome of the Roman Church and into the protection of the blessed Apostles endewing and strengthning the same with diuerse priuiledges namely that the Monkes may chuse vnto themselues a Pastor or Abbot of their owne in whose power it shal be to prefer Monkes and Clerkes vnder him to holy orders that no man may molest them take or retayne any thing of theirs c. Concluding in the end thus In the name of the Father the Sonne the holy Ghost c. euerlasting malediction to the breakers therof Whervnto Malmesbury addeth this contemplation perpendant ergo contemptores tantae comminationis quantae subiaceant sententiae excommunicationis Let the contemners of so great a threat or commination consider how heauy a sentence of excommunication they doe vndergoe So he A thing no doubt worthy to be remembred in these our dayes 46 And many more examples of like priuiledges might be alleadged vnder the same King Edgar confirmed mutually by the Pope and King and namely one related by Ingulphus which was giuen by a Charter of the said King vpoÌ„ the yeare 970. subscribed by himself and thirty two other witnesses to the Monastery of Medeshamsteed now called Peter-burrow Ego Edgarus totius Albionis Basileus c. I Edgar King of all Albion doe graunt most willingly that the holy Apostolicke Monastery of Medeshamsteed shall be free for euer from all secular causes seruices that no Ecclesiasticall or lay man shall haue dominion ouer the same or ouer the Abbot therof c. And moreouer that it be secure eternally from all worldly yoke and that it remayne free from al Episcopall exaction and molestation according to the libertyes giuen therunto by the Sea Apostolicke and the authority of the most Reuerend Archbishop Dunstan c. And furthermore we haue thought good to corroborate by this Charter the said priuiledges from the Sea Apostolicke of the Roman Church according to the first institution of the said Monastery which whosoeuer shall presume to infringe let him be damned eternally to hell-fyer by the punishment of the high Iudge S. Peter all the order of Saints Thus far that charter 47. And finally not to goe further in this argument wherof infinite examples might be alleadged I shall end with one only more to shew the perpetuity and continuance of this vse taken out of the fifth age of our English Church to witt of King Edward the Confessor not long before the Conquest who hauing a great desire to enlarge the Monastery of VVestminster with new buyldings and possessions dealt with two Popes therin to witt Leo the nynth and Nicolas the second asking their approbation and confirmation therof which they graunted one after the other Leo wrote backe vnto him in these wordes Leo episcopus servus seruorum Dei Dilecto silio suo Edwardo Anglorum Regi salutem Apostolicam benedictionem And then he beginneth his letter Quoniam voluntatem tuam laudabilem Deo gratatu cognouimus c. For that we haue vnderstood your intention to be laudable and gratefull to God c. We doe agree vnto the same and doe commaund by our Apostolicke authoritie that whatsoeuer possessions you haue giuen or shal giue vnto your said Monastery of VVestminster it be firme and appertayne vnto the Monkes and that the said place be subiect vnto no other lay person but only to the King And whatsoeuer priuiledges you shall there appoint to the honour of God we doe graunt the same and confirme the same by our most full authority and doe damne finally the breakers therof vnto euerlasting malediction 48. Thus Pope Leo the nynth who dying vpon the yeare of Christ 1054. two-other succeded within the space of foure yeares to wit Victor the second Stephen the tenth after whome succeded Nicolas the second vnto whome S. Edward made sute againe by a solemne embassage for confirmation of his said priuiledges of VVestminster and other affayres giuing this title to his letter as before hath bene noted To the highest Father of the vniuersall church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherunto the Pope answered in these wordes Nicholas Bishop and seruaunt of the seruaunts of God vnto the most glorious and pious Edwarde King of England most worthie of all honour our speciall beloued sonne doth send most sweete salutation and Apostolike benediction And after many louing and sweet speeches in the said letter he saith to the petition it self about priuiledges Renouamus ergo confirmamus augemus vobis priuilegia vestra c. We doe renew and confirme and encrease vnto you your priuiledges And for so much that this place of VVestminster from antiquity hath belonged vnto the Kings of England we by the authority of God and the holy Apostles and of this Roman Sea and our owne doe graunt permitt and most strongly confirme that the place for euer be of the iurisdiction of the Kings of England wherin their royall monuments may be conserued and that it be a perpetuall habitation of Monkes subiect to no person but to the King c. We doe absolue the place also from all seruice subiection of the Bishop c. and whosoeuer shall goe about to infringe or inuade or diminishe or vndoe any of these priuiledges we damne him to euerlasting malediction togeather with the traytor Iudas that he haue no parte in the blessed resurrection of Saints c. Thus he And with this shall we end this fourth consideration or argument whereby is sufficiently made euident if nothing else were how vayne and vntrue the imagination of M. Attorney was in the former chapter who by the pretence of
said King and Bishops tooke vnto themselues wholesome counsaile choosing and ordeyning particular Bishops in euery prouince of the Geuisses or westsaxons And wheras the said prouince had but two Bishops in old time now they deuided the same into fiue and presently the Synod being ended the said Archbishop was sent to Rome with honourable presents Qui Papam saith our Authour cum magna humilitate placauit Decretum Regis recitauit quod Apostolico maximè placuit He did with great humilitie endeauour to pacify the said Pope Formosus reciting vnto him the decree that King Edward had made for better furnishing the Countrey with more Bishops for the time to come then euer had byn before which most of all pleased the Apostolicall Pope Wherfore the Archbishop retourning into England ordeyned in the Citty of Canterbury seaueu Bishops vpon one day appointing them seuen distinct Bishoprickes Atque hoc totum saith he Papa firmauit vt damnaretur in perpetuum qui hoc decretum infirmaret And the Pope Formosus did confirme this decree of this distinction of Bishops in England daÌ„ning him eternally which should goe about to infringe the same So Malmesbury and consider the authority here vsed 58. The same Pope also wrote a letter to the Bishopps of England by the said Archbishop Pleamond in these wordes To our brethren and children in Christ all the Bishopps of England Formosus We hauing heard of the wicked rytes of Idolatrous Pagans which haue begun to spring vp againe in your partes and that yow haue held your peace as dumme doggs not able to barke we had determined to strike you all with the sword of separation from the body of Christ and his Church but for so much as our deere brother Pleamond your Archbishop hath tolde me that at length you are awakened and haue begun to renew the seed of Gods word by preaching which was so honourably sowne from this Sea in times past in the land of England we haue drawne backe and stayed the deuouring sword and moreouer doe send you the benediction of almighty God and of S. Peter Prince of the Apostles praying for you that you may haue perseuerance in the good things which you haue well begune c. 59. Thus went that letter with a far longer exhortation â—â— that behalfe with order and instruction how to proceed to coâ—tinew good Bishopps among them which was that as soone â—â— knowledge came to the Metropolitan of any Bishop dead he should presently without delay cause another Canonically to be elected in his place and himself to consecrate the same And moreouer he determineth that the Bishop of Canterbury hath byn euer from ancient times held for chiefe Metropolitan of England otdeyened so by S. Gregory himself as in the Roman Registers was authenticall recorded and therefore he confirmeth the same threatning that what man soeuer shall goe about to infringe this decree shal be separated perpetually from the body of Christ and his Church So Malmesbury 60. And in this example we see many points expressing the sense of these ages as first the vigilancy of the Pope Formosus ouer England the affaires therof though far remote from him and altogether embroyled with warrs no lesse then ouer other Prouinces Kingdomes of the world which is conforme to that which S. Bede writeth of the like diligence of Pope Agatho aboue two hundred yeares before this of Formosus that is to say that he seing the heresie of Monethelites that held but one only will in Christ to spring vp and encrease in diuerse places of the world sent one expressly from Rome into England to learne what passed there Pope Agatho saith Bede being desirous to vnderstand as in other prouinces so also in Britany what was the state of the English Church and whether it preserued it self chaste and vnspotted from the contagions of heretickes sent into England for this purpose a most reuerend Abbot named Iohn who procuring a Synod of Bishops to be gathered togeather about that matter by Theodorus the Archbishop found that the Catholike faith in England was conserued in all points entire and inuiolated of which Synod he had an authenticall copie deliuered him by publicke testimony to be carryed to Rome Thus S. Bede touching the attention and diligence of Pope Agatho in our English Ecclesiasticall affaires 61. And it is to be noted that in the same Synod is sett downe that fower seuerall Kings concurred thervnto to giue therby satisfaction vnto the Pope to wit Egfryd King of the Northumberâ— Ethelred of the Mercians Adelnulphus of the Eastangles Lotharius of Kent which is conforme to that which the King Edward the first â—â— the former example did when presently vpon the threatning letters of Pope Formosus he called forthwith a Councell remedyed the fault that was committed sent the Archbishop Pleamond to Rome to giue satisfaction and promise of amendment for the time to come which is to be presumed that none of these Kings would haue done if they had thought themselues iniured by this intermedling of the Pope as an externall power and that themselues had authority Ecclesiasticall deriued from their crownes to dispose order these things without any reference to the Sea Apostolike And so much for this argument and demonstration which openeth a window to see many things more which by me of purpose are pretermitted for that I couet not to be ouerlong The sixt Demonstration 62. The sixt Argument may be deduced from an vniuersall contemplation of all the Kings Archbishops and Bishops that haue liued and raigned togeather in all this tyme in England and the seuerall Prouinces and Kingdomes therof before the Conquest the Kings being in number aboue an hundred that were Christened as often before hath byn mentioned the Archbishops of Canterbury the spirituall heads of the English Church 32. from S. Augustine vnto Stigano and other Bishops of far greater number laying before our eyes what manner of men all these were what faith they beleeued and practised what vnion and subordination they had in spirituall and temporall iurisdiction amongst them selues both at home and abroad with the Sea Apostolike which in great part hath byn declared by the precedent arguments and demonstrations All which being layd togeather we may inferre that for so much as lawes are nothing else but ordinaunces and agreemenrs of the Prince and people to the publicke good of euery Kingdome State and Countrey we may inferre I say that according as we find the faith and religion of our Princes Bishops and people to haue byn in those dayes so were also their lawes For out of their religion they made their lawes and consequently it must needes follow that they being all perfectly Catholike according to the Roman vse as by all the former arguments you haue seene that they made no lawes concerning Ecclesiasticall matters nor admitted â—onceaued any from their ancestours nor could not doe they being also
Catholike that were repugnant or contrary to the Canonicall lawes of the vniuersall Church and Sea of Rome in those ages wherof againe ensueth that M. Attorney that telleth vs so often of the ancient and most ancient CoÌ„mon-lawes of England cannot presume to haue any law for him and his assertion within this compasse of 466. yeres before the Conquest for that those that should make or leaue vnto vs these lawes were all of a contrary iudgement and religion vnto him in the very point which he treateth of spiritual Iurisdiction As for example 63. There raigned in Kent in the first age of our primitiue Church successiuely these Kings to witt Ethelbert Eadbald Ircombert Egbert Lotharius Edrycus and VVithredus and their Archbishops of Canterbury by whome they gouerned themselues in spirituall matters were Augustine Laurence Mellitus Iustus Homrius Deusdedit Theodorus and Britwaldus And in London Mellitus Ceddus VVyna Erkenwald VValdherus and Ingualdus And in the sea of Rochester Iustus Romanus Paulinus Thamarus Damianus Putta Qâ—â—chelmus Germundus and Tobias All these kings with all these Bishops were of one and the self same religion and of one iudgement and sense in Ecclesiasticall matters and so were all the rest of the Christian Kings togeather with their Bishopps in other Kingdomes of the land And the like I might shew throughout all the other foure ages that ensue after this first before the Conquest And how then is it possible that these Princes with these Bishops and Counsaylours and with their people conforme to them in the same religion should make or admit lawes contrary to the common sense of the Catholike vniuersall Church in those daies concerning Ecclesiasticall Iurisdiction And this is a demonstration which morally conuinceth and cannot by any reasonable man be denyed Whervnto I may adioyne that if they had made any such law coÌ„trary to the common sense of the generall Church in Church-matters they would haue byn noted and reprehended for it or at leastwise some memory would haue byn left therof by historiographers tradition register or some other monument which is not found nor euer will be And this shal be sufficient for this demonstration wherby occasion is giuen to the ingenious reader to prosecute the same and discourse further of himself and to consider how metaphysicall an imagination that of M. Attorney is of auncient lawes made in the ayre and no where extant contrary to the sense and iudgement both of Prince and people in those tymes The seuenth Demonstration 64. An other Demonstration not much vnlike vnto this may be taken from the view of externall Kingdomes in this tyme before our English Conquest to wit what they taught what they beleeued and what they practized in this point concerning Ecclesiasticall Iurisdiction whether they deriued it or acknowledged the same in or from their temporall Kings or from their Bishops and Sea Apostolike of Rome For if they did the later then is it most certaine that all the Kings Kingdomes and people of England did the like for that otherwise they should haue byn noted and taxed as hath byn said for some discrepance diuision disagreement sedition schisme or singularity in this behalfe which is not read of Nor can M. Attorney or any Attorney else whomesoeuer he can take vnto him for his helpe in this matter euer shew me any one word of auncient testimony for proofe therof and thervpon may we confidently conclude that there was neuer any such thing 65. But now what was the doctrine vse and practise of all the rest of Christendome besides concerning Ecclesiasticall Iurisdiction deriued from the Sea Apostolike of Rome as the head fountaine therof throughout all this tyme wherof we speake before our Conquest it shall be inough to cast our eyes only vpon the vniuersality of all writers in those dayes whose volumes are full of narrations apperteyning to this effect as namely of Bishops made throughout all Kingdomes by ordinaunce and authority of the Bishop of Rome Of Churches Abbyes Monasteryes Hospitalls confirmed and priuiledged by the said authority Of Kings and Emperours also annoynted by them and their authority for the spirituall temporall good of Christendome And in this very tyme wherof we talke happened the mutation of the Kingdome of France from Chilpericus to Pipinus and Charles his sonne and of the Roman Empire from the Grecians vnto the said Charles of the said Empire from the French to the Germanes by the authority of the Pope of Rome and infinite other publike testimonyes of supreme spirituall iurisdiction exercised 〈◊〉 where by that Sea with the approbation of all the worlde And no one example can be alleadged of any such power or iurisdiction pretended or exercised by any Prince temporall whatsoeuer throughout all the Christian world in this tyme by vs prescribed 66. And for so much as by this argument we presume that our English Kings and Princes ran vnitedly in all points of religion with others abroade for that they were neuer noted of any difference or opposition as hath byn said it followeth by good deduction and inference that no such Common-law as M. Attorney imagineth could haue place among them deriuing spirituall and Ecclesiastical iurisdiction from the right of Princes temporall Crownes and excluding that of the Sea Apostolike For in case that any such law had byn made it would haue byn extant either by writing or tradition and if it had byn Common as often here it is called it would haue byn knowne by some one at least besides M. Attorney for that community importeth participation with many how then could there be any such Common-lawes in those dayes which no man knew no man recorded no man euer thought or dreamed of as by all circumstances of those tymes and men and state of things may be presumed And if any such thing had byn deuised in those dayes it must needs haue byn reiected and impugned as singular schismaticall or hereticall for that it would haue byn contrary and contradictory to the common sense iudgement whole current of that time And let this suffice for this consideration The eight Demonstration 67. The eight Demonstration in this matter may be the extraordinary deuotion of our auncient Kings before the Conquest towardes the Sea of Rome in making their Kingdomes tributary thervnto euen in temporall things also which is a signe that they meant not to deny vnto that Sea her spirituall iurisdiction which from the beginning had byn exercised by the same in our countrey seeing voluntarily likewise they gaue her teÌ„porall iurisdiction in gathering and axacting this tribute of euery house throughout the Realme which beginning from K. Inas as all our Authors doe agree aboue 900. yeres gone hath byn continued euer since vnder the name of Peter-pence for that they were first giuen to S. Peter and to his Successours the Bishops of Rome vntill the later part of K. Henry the eight his raigne euen in the
and hath these words Chrisicrux antecellit Caesaris aquilas gladius Petri gladio Constantini Apostolius sedes praeiudicat Imperatoriae potestati The crosse of Christ excelleth the spread-eagles in Cesars banners the sword of Peter is of more eminent power then the sword of Constantine and the Sea Apostolike is more potent then any Imperiall authority And this was the opinion sense and iudgement of these Princes and tymes wherin they made this difference degree of these two swordes without any such preiudice of taking away halfe their Monarchies from themselues or other Princes therby as M. Attorney and other such Prince-flatterers doe pretend The Conclusion vpon the former Demonstrations 90. Now therfore gentle Reader by these ten demonstrations thou hast seene what was the opinion iudgement and practise of all our ancient English Kings before the Conquest about this point of temporall and spirituall power and authority and heare I thinke thou wilt not deny but that my manner of proofe is and hath byn according to the rule of the Fathers touched before in the answere to the preface to wit KATH'HOLON or secundum totum bringing forth the whole body of this tyme that M. Attorneys proofe if it had byn a proofe that is to say if he had proued that which he propounded is secundum partem according to a part he only alleadging two sole petite instances out of all the ranke of aboue an hundred Kings for the space almost of fiue hundred yeares and these two also so weake and impertinent as no waye they can subsist in the sense wherin he alleadgeth them And herwithall in like manner thou mayst pleasâ— to call to remembraunce the auncient obseruation of old Tertullian aboue forteene hundred yeares gone Solemâ— est heretick c. It is a solemne tricke of heretickes by the occasion of some one doubtfull sentence or clause to wrest matters contra exercitum sententiarum against a whole army of sentences to the contrary And S. Cyprian in the next age after him noteth the like audacity of hereticke of his tyme that would take a part and leaue out a part and preferre some peece or parch before the whole And whether M. Attorney doe not follow the same spirit heere in peeping forth with two little miserable mistaken instances out of so great an army of plaine testimonyes to the contrary you haue already seene and out of your wisdome will easily iudge The like or worse dealing will you find afterward when we shall haue passed the Conquest whervnto now we hasten and for the euent I remit my self to the experience OF THE KINGS AFTER THE CONQVEST VNTO OVR TYMES And first of the Conquerour himself whether he tooke spirituall iurisdiction vpon him or no by vertue of his Crowne and temporall authority CHAP. VII HAVING pervsed what passed among our Kings before the Conquest to which pervse veiw we were led by M. Attorneys induction of two instances of those dayes as you haue seen we are now to follow him also beneath the said Conquest for tryall of our controversie where albeit as before I haue noted the further wee goe from the origen of our English conuersion and heate of that primitiue spirit of deuotion that God gaue our Kings in those first ages of their said conuersion to Christian religion the more coldnes we shall find in some cases and more worldly and secular spirit in diuers of our Norman and French Princes then waâ—â— the English before them yet for the substance of this point of controuersie between M. Attorney and mee about the acknowledgement of the Popes authority Ecclesiasticall we shall find them in effect no lesse resolute then the other if you respect the substance of the thing it self though in tendernesse of piety and deuotion their different liues and courses as after you shall se be witnesses vnto vs of no small difference 2. And this is seen in none more then in K. VVilliam the first himself the head stocke of al the rest who though in life action as a warryer and Conqueror were rough fierce boysterous especially in the former years of his raigne ouer EnglaÌ„d wherin vpoÌ„ ielosy of his vnsetled state he did many things de facto which were not so iustifiable de Iure for which Authors doe note that he was greatly punished by God both in himself in his children and childrens children yet in this point of true substantiall obedience to the Church when he was void of passion and out of occasion of any coÌ„straining necessity he all-wayes shewed himself dutifull respectiue humble towards the said Church according to his Oath taken at his Coronation before the Altar of S. Peter at VVestminster se velle Sanctas Dei Ecclesias ac rectores defendere saith Florentius that he would defend the holy Churches of God and the gouernours therof which to haue perfourmed he professed also at his death with teares as Iohn Stow more auncient writers then he doe beare him witnes some are of opinion that the long continuance of his line in the Crowne of England considering how he entered how some of them haue gouerned after him may principally be ascribed vnto this that he would not take in hand the enterprice of England but that first it should be consulted and approued by the Sea Apostolike at at Rome as presently you shall heare that it was and for that himself so firmely relied vpon the same afterward in all his greatest occasions and recommended the same especially to his sonnes on his death-bed when he was free from these interests which oftentimes before drew and wrested him to diuers actions which in that last houre he approued not but condemned and much bewayled 3. And of this later point many examples might be alleadged both of much bloudshed in England of spoiling and destroying the countrey of casting downe many townes and Churches for enlarging his hunting of vexing and oppressing the English-nation of ryfling and spoyling monasteryes and Churches where the English had hidden some of their wealth to maintaine themselues withall his detayning in prison all dayes of his life the Archbishop Stigand and diuers other Bishops and Abbots deposed in the Councell at VVinchester by Pope Alexander his legats in the fourth yeare of his raigne and of his brother Otho Bishop of Baion held in prison by him albeit this concerning Ecclesiasticall persons he professed to doe by licence and commission of the Sea Apostolike yet in truth the cheife cause was his owne vehement passion and ielousie of his temporall estate For I find a letter of Pope Gregory the seauenth that succeeded Alexander the second written vnto him vpon the yeare of Christ 1084. which was the 18. of K. VVilliams raigne wherin the said Pope though praising his religious zeale in other things which he would neuer haue done if he had byn opposite to his authority and iurisdiction yet doth he reprehend
the same Archbishops returning the yeare following to England againe the said Pope Alexander wrote to K. VVilliam by them Alexander Episcopus Seruus Seruorum Dei Charissimo filio Gulielnio glorioso Regi Anglorum c. Wherein after he had tolde him Inter mundi Principes Rectores egregiam vestrae religionis fanâ—am intelligimus that among all the Princes gouernours of the world wee haue heard the singular fame of your religion exhorting him to goe forward in the same for that perseuerance only to the end is the thing which bringeth the Crowne of euerlasting reward he toucheth also diuers points of defending Ecclesiasticall persons and libertyes of the Church of releeuing oppressed people vnder his dominion telling him that God will exact a seuere accoÌ„pt therof at his hands which no doubt was meant principally of the oppressed English nation by him wherof Lanfranke secretly had informed the said Pope After all this I say he telleth him of certaine busines that he had committed to Lanfranke to be handled in England in a Synod to be gathered there as namely about the preheminence of the two Archbishopricks Canterbury and Yorke And also to heare againe and define the cause of the Bishop of Chichester deposed before by his legats And finally he concludeth that he should beleiue Lanfranke Vt nostrae dilectionis affectum plenius cognoscatis reliqua nostrae legationis verba attentius audiatis that by him you may more fully vnderstand the affection of our loue towards you as also heare more attentiuely the rest of our legation committed vnto him c. Where he speaketh to the King as you see like a Superiour And Iohn Stow reciting the history of the said Synod gathered about these matters in England the yeare following at VVindesor hath these words taken out of auncient historiographers This yeare by the commaundement of Pope Alexander and consent of King VVilliam the Conquerour in the presence of the said King his Bishops Prelates and Nobility the primacy which Lanfranke Archbishop of Canterbury claymed ouer the Church and Archbishop of Yorke was examined and tryâ—d out c. Heere then was no repining of King VVilliam at the Popes authority in those dayes but all conformity rather with the same 13. I might alleadge many other examples to this effect as that which Stow writeth in the 17. yeare of the raigne of K. VVilliam and yeare of Christ 1083. that VVilliam Bishop of Durham by leaue of the King and nobles of the Realme went to Rome and obtained of Pope Gregory the 7. to bring the Monks from Tarrow and Yarmouth into the Cathedrall Church of Durham where he gaue to them lands Churches ornaments c. all which saith he K. VVilliam the Conqueror confirmed by his charter in confirmation no doubt of the Popes Charter which to procure he went to Rome and he had licence thervnto from the King and nobles that were sounders of that Church which licence they would neuer haue graunted if they had thought that the matter had appertained only to the King at home in his owne countrey and not to the Pope 14. And in the very same yeare K. VVilliam as before we haue touched being entred into great iealosie of the ambition and aspiring mynd of his halfe-brother Otho Bishop of Baion Earle of Kent least with his Councell and riches he might assist his sonne Roâ—â—rt and others that did rise in Normandy against him or as some thinke desirous to sease vpon his great riches and wealth which he gathered togeather he suddenlie returned from Normandy to the I le of VVight where he vnderstood the said Otho to be in great pompe pretending to goe to Rome and at vnawares apprehended him but yet for excuse of that violent fact upon a Bishop he made first a long speach vnto his nobles there present shewing that he did it not so much in respect of his owne temporall security as in defence of the Church which this man oppressed My brother saith he hath greatly oppressed England in my absence spoyled the Churches of their lands and rents made them naked of the ornaments giuen by our predecessours the Christian Kings that haue raigned before me in England and loued the Church of God endowing it with honours and gifts of many kindes VVherefore now as we beleeue they rest reioycing with a happy retribution Ethelbert and Edward S. Oswald Athulse Alfred Edward the elder Edgar and my cosen and most deare lord Edward the Confessor haue giuen riches vnto the holy Church the spouse of God my brother to whom I committed the gouernment of the whole Kingdome violently plucketh away their goods c. 15. This was one excuse vsed by the Conqueror Another was as Stow recordeth that he said that wheras his brother was both Bishops of Baion and Earle of Kent he apprehended him as Earle of Kent and not as Bishop of Baion that is to say as a lay-person and not as an Ecclesiasticall And yet further when he was vrged about that matter by his owne Prelates he was wont to say as Stow and others doe also note that he did it by particular licence of the Pope and not only by licence but also by his decree and commaundement and so he protested at his death Wherby we see how little opinioÌ„ he had of his owne spirituall iurisdiction in this behalfe Of King VVilliam the Conquerour his lawes in fauour of the Church and Church-men §. II. 16. But no one thing doth more exactly declare the sense and iudgement of King VVilliam in these things then his particular lawes which are recorded by Roger Houeden an author of good antiquity who shewing that King VVilliam in the 4. yeare of his raigne calling togeather all his Barons Gouernours of Prouinces twelue expert men out of euery shyre did reveiw the auncient lawes both of the English and Danes approuing those that were thought expedient and adding others of his owne beginning with those that appertained to the libertyes exaltation of the Church Taking our beginning saith he from the lawes of our holy mother the Church by which both King and Kingdome haue their sound fundament of subsisting c. And then followeth the first law with this title De clericis possessionibus corum Of Clergie-men their possessions the law it self is writen in these few words but containing much substance Omnis Clericus etiam omnes Scholares omnes res possessiones corum vbicunque fuerint pacem Dei Sanctae Ecclesiae habeant Let euery Clergie-man and all schollers and all their goods and possessions whersoeuer they be haue the peace of God and of holy Church And afterwards he declareth what this peace of the Church is to wit that neither their persons nor their goods can be arested molested or made to pay tribute or otherwise troubled by any secular iudge whatsoeuer 17. And in the second law
which is intituled De temporibus diabus pacis Domini Regis Of the times and daies of peace and freedome of our Lord the King he doth explicate that it belongeth to the King and his officers to see these liberties of Ecclesiasticall peace franquises and freedome be exactlie obserued to Ecclesiasticall persons especiallie to punish them double which refuse to put in execution the Bishops sentence of iustice Quod si aliquis â—i foris fecerit saith he Episcopus inde iustitiam faciat veruâ—tamen si quis arrogans pro Episcopali iustitia emendare noluerit Episcopâ—â— Regi notum faciat Rex autem constringet malefactorem vt emendet cui foris facturum fecit scilicet primum Episcopo deinde Regi sic erunt ibi due gladij gladius iuuabit If anie man shall doe anie hurt to him that hath the peace of the Church let the Bishop doe him Iustice but if anie man will bee arrogant not make amends according to the sentence of iustice giuen by the Bishop let the Bishop make it knowne to the King or his Courts and the King shall constraine the malefactor to make amends to him vnto whom hee did the hurte to wit first vnto the Bishop and then to the King and so there shall bee two swords against malefactors and the one sword shall help the other And heere let be considered what he saith of two swords one in the Bishops hand and the other in the Kings and that this must assist that of the Bishops as the principall superiour which is conforme to the speach of K. Edgar if you remember whereof we made mention in the former Chapter and last demonstration therof Wherby is made euident that these auncient Kings beleeued not to any haue spirituall sword or authoritie by right of their Crowns but onlie the temporall to command punish in temporall affaires and to help and assist the others in causes belonging vnto them 18. The third law hath this Title De Iustitia Sanctae Ecclesiae Of the iustice of the holy Church and prerogatiue therof which she is to receiue in temporall tribunals In which law is determined in these words Vbicunque Regis iustitia vel cuiuscunque sit placita tenuerit si vllus Episcopus venerit illuc aperuerit causam Sanctae Ecclesiae ipsa prius terminetur Iustitia enim est vt Deus vbique prae caeteris honoretur Whâ—rsoeuer the Kings Iustice or the Iustice of what other Lord soeuer shall hold pleas or keep courts if any Bishop come thither and open a cause of the holy Church let that cause of all other be first determined for it is iust that God be honoured euery where before all other Marke his reason why the expedition of the Bishops cause is to be preferred before that of the King for that he holdeth the place of God and thereafter must be respected 19. The fourth law hath this Title De vniuersis tenentibus de Ecclesia Of the priuiledges of all those that are any way tenants of the Church And then it followeth in the law Quicunque de Ecclesia aliquid tenuerit vel in fundo Ecclesiae mansionem habuerit extra curiam Ecclesiasticam coactus non placitabit quamuis foris fecerit nisi quod absit in Curia Ecclesiastica rectum defecerit Whosoeuer doth hold any thing of the Church or hath his mansion-house within the land of the Church shall not be constrained to plead any matter of his though he bee a malefactor out of the spirituall courte except which God forbid iustice could not be had in the said Ecclesiasticall court 20. These are the first lawes of all that were made by King VVilliam and after these doe ensue fiue more to the same effect of Churches priuiledges wherof the first hath this Title De reis ad Ecclesiam fugientibus Of malefactors that fly to the Church how they are to haue Sanctuary and protection The second De fractione pacis Ecclesiae Of breaking the peace of the Church that is to say of her priuiledges the breakers wherof are appointed to be sharply punished first by the Bishop then by the King if he be arrogant The third De decimis Ecclesiae maioribus Of the greater tythes belonging to the Church The fourth De minut is decimis Of lesser tythes all which are commaunded to be payed exactly And finally the fifth law which is the tenth in order hath this Title De denario S. Petri qui Anglicè dicitur Rome-scot Of Peter-pence called in old English Rome-scot wherin is appointed the order how the said Peter-pence shall be gathered and made ready against the feast of S. Peter and S. Paul or at the furthest against the feast of S. Peters Chaines as we haue seen also before ordeined by the law of K. Kanutus By all which is vnderstood and much to be considered that neither K. VVilliam nor any of his auncestors tooke vpon them to make any Ecclesiasticall law at all of spirituall matters as of their owne but only did second and strenthen and confirme the lawes of the Church by their temporall lawes by defending the same and punishing the breakers therof Which is a far different thing from the Ecclesiasticall power which M. Attorney will needs haue vs beleeue to haue byn in the auncient Kings of England according to the meaning of the auncient Common-lawes therof but produceth none And I persuade my self he will hardly alleadge me any so auncient as these though he haue studied them as he saith 35. years but fiue hundred more were necessary to find out that which he affirmeth And thus much of lawes for the present 21. There remaineth only one argument more concerning K. VVilliam which is the time of his death and of what sense and iudgment he was in this point at that time when commonly men doe se more cleerly the truth of matters especially Princes then before in their life health and prosperity when passion honour or interest may oftentimes either blind or byasse them And albeit of K. VVilliam diuers ancient writers doe recorde that notwithstanding in his anger vnto secular men he was fierce terrible yet vnto Ecclesiasticall persons he bare still great respect wherof among others this example is recorded by Nubergensis that when at a certaine time Archbishop Aldred of Yorke that had crowned him and was much reuerenced by him while he liued intreating him for a certaine pious worke and not preuailing turned his back and went away with shew of displeasure the Conquerour tooke hold of him and fell downe at his feet promising to doe what he would haue him and when the Nobles that stood round about began to cry to the Arch-bishop that he should take vp the King quickly from his knees he answered let him alone he doth but honour the feet of S. Peter in kneeling at myne Which well declareth saith Nubergensis both what great reuerence
this fierce and warlike Prince did beare vnto this Prelate as also how singular authority and confidence the good Archbishop had with him 22. But as we haue said his true sense meaning will best be sene by owne his words behauiour at his death when finding himself in great affliction and perplexity of mynd with the â—â—ror therof as before hath byn touched and of Gods iudgemenâ— ensuing theron for that to vse his owne words he saw himself â—â—den with many and greiuous sinnes and greatly polluted with the effuâ—â—â—â— much bloud and ready to be taken by and by vnto the terrible examination 〈◊〉 God c. In this plight I say which Stow and others 〈◊〉 downe out of auncient authors his greatest comfort◠〈…〉 he had byn euer obedient to the Church whervnto by 〈…〉 he assigned the most parte of his treasure adding this 〈◊〉 therof that those things that had byn heaped vp by wicked deeds might be disposed to holy vses of Saincts And then turning his speach to Ecclesiasticall men he said You remember how sweetly I haue euer loued you and how strongly against all emulations defended you The Church of God which is our mother I neuer violated but in euery place where reason required did willingly honour I haue not sold Ecclesiasticall dignityes and Symony I allwayes detested in the election of Pastors I euer searched out the merits of his life his learning and wisdome and so neer as I could committed the gouernment of the Church vnto the most worthy this may be seen in Lanfranke Archbishop of Canterbury and in Anselme Abbot of Becke and others c. This course haue I followed from my first years this I leaue vnto my heirs to be kept in all tymes In this doe you my Children euer follow me to the end that heerby you may please both God and man c. 23. And this was the last speach of the Conquerour to his children and others standing by at the day of his death which doth sufficiently declare what his sense iudgement was concerning this point of spirituall iurisdiction And to impugne and ouerthrow all this our aduersary the Attorney had need to bring many and strong batterings as you see Let vs passe then to examine what they are The first Instance taken out of the raigne of this K. VVilliam the Conquerour §. III. 24. One instance only doth M. Attorney find to be alleadged during the raigne of this Prince which we shall alleadge in his owne words as they ly in his booke and this shall we obserue commonly through all his instances Thus then he saith The Attorney It is agreed that no man only can make any appropriation of any Church hauing cure of soules being a thing Ecclesiasticall and to be made to some person Ecclesiasticall but he that hath Ecclesiasticall iurisdiction But William the first of himself without any other as king of England made appropriâ—tâ—â—â— of Churches vvith Cure to Ecclesiasticall persons vvherefore it followeth that he had Ecclesiasticall iurisdiction The Catholike Deuine 25. This is the only one argument or instance as hath bene said which M. Attorney hath found in all the life of K. VVilliam the first wherby to proue his principall Conclusion which is that K. VVilliam had as much Ecclesiasticall power and iurisdiction by the auncient common lawes of England as euer had Queene Elizabeth and she as much as euer anie Ecclesiasticall person had or might haue in EnglaÌ„d And yet you se that if al were grauÌ„ted which heere is set downe it amounteth to no more but that K. VVilliam did bestow a benefice with Cure vpon an Ecclesiasticall person which he might doe either by nominating or presenting as patrone of the benefice or by some indult from the Pope or Bishop of the diocesse in that behalfe or vnder ratihabition as before in Charters hath been declared or finallie he might doe it De facto and not De Iure as oftentimes it falleth out in such actions of Princes And in all these senses though we graunt whatsoeuer M. Attorney saith setteth downe in this place it commeth so far short to proue supreame Ecclesiasticall iurisdiction in K. VVilliam as it proueth not anie spirituall iurisdiction at all for that all he saith may be grauuted in any lay-man whatsoeuer which wee shall endeauour to make cleere by explication and distinction of those things which heere are set downe confusedly by M. Attorney 26. First then this instance consisteth of a Syllogisme as you see the Maior wherof is related out of the collection of some law booke as may appeere by his quotation in the margent though I haue not the booke by me and we graunt the proposition to be true in his due sense to wit that no man can appropriate a Church or benefice with Cure to an Ecclesiasticall man but he that hath Ecclesiasticall iurisdiction And then we deny the Minor proposition which â—â— of M. Attorneys owne addition to wit that K. VVilliam did so appropriate or bestow any benefice with Cure vpon an Ecclesiasticall person except it were in one of the fower manners before specified And M. Attorney ought to haue proued his said Minor if he had delt substantially 27. And moreouer I find that he faltereth somewhat also 〈◊〉 setting downe the very words of his Maior proposition though much more in the true sense as presently shall be declared For wheras he beginneth It is agreed that no man can make any appropriation c. the latin words of this Report cited by himself are Inter omnes conuenit quod nemo possit appropriare c. which haue this sense that it is a common receiued opinion to wit from the Canon-law that no man can appropriate or bestow a Church with Cure except he haue Ecclesiasticall iurisdiction But M. Attorney by shutting out the word inter omnes and translating the rest it is agreed would make his reader thinke that it was an agreement or resolution only of the temporall Iudges in this case in K. Edward the 3. his raigne and that they first founded this Maxime about Ecclesiasticall iurisdiction wheras they related it only as an auncient Maxime receaued in the Canon and Ciuill law in this sense which presently we shall declare 28. And wheras he translateth the word appropriare Ecclesiam Ecclesiasticae personae To make appropriation of any Church to an Ecclesiasticall person this may haue two senses be meant either of appropriations or collations of benefices wherin there is little difference in respect of our controuersie for that neither appropriation nor collation can be truly and properly made without spirituall iurisdiction either ordinary or delegate And as for appropriations which consisted coÌ„monly in this that the gleab-lands and the better tithes were vnited to some religious houses or Parsons leauing the lesser tithes vnto their Vicars they could not be made nor graunted but by the licence of the Sea Apostolicke as neither in our
necessitie of the English Church and the King by euill 〈◊〉 saile of some went about to let the said Synod forbidding the same by his supreame Iusticer which was the highest power at that time vnder the King the said Archbishop admitted not the prohibition Archiepiscopus saith Houeden generale celebrauit Concilium Londonys apud VVestmonasterium coÌ„tra prohibitionem Gaufredi filij Petri Comitis de Essexia tunc temporis Summi Iusticiarij Anglia The Archbishop did celebrate a general Councell at VVestminster in London against the prohibition of Geffrey the sonne of Peter Earle of Essex which at that time had the office of the cheife Iusticer of England So as we see that they followed not the Kings inclination in this spirituall affaire but held their Councell and finished the same notwithstanding the former secular prohibition of the supreme Iusticer And Houeden that was then liuing setteth downe all the Canons and Ordinances at large of the said Councell which had these words in the end of euery one seuerally repeated Saluo in omnibus Sacrosanctae Romanae Ecclesiae honore priuilegio sauing in all points the honour and priuiledge of the holy Church of Rome Which was the sooner added for that the general Councell of Lateran in Rome was shortely after to ensue which might adde take away or alter whatsoeuer should seeme best to the Decrees of this Nationall Councell 53. Neither is there read any thing to haue byn done or said against this by the King though it is like that some of his Counsell did egge him against it as may appeare by the said prohibition of his Iusticer before mentioned Nay not only was K. Iohn obedient to the Church her authority at this time but otherwise also shewed himself very deuout pious by many wayes to which purpose among other things it is recorded by this author that when S. Hugh Bishop of Lincolne who was held for a great Saint all dayes of his life lay on his death-bed at London King Iohn went vnto him to visit him with great deuotion and confirmed his testament which he had made of his goods in fauour of the poore and promised moreouer to God in his presence that during his life he would alwayes confirme and ratifie the testaments of English Bishops and Prelates made to that effect 54. And the same author recounteth furthermore that nâ—â— longe after this the King being at Lincolne twelue Abbots of the Order named Cistercienses comming vnto him fell downe at his 〈…〉 of his 〈…〉 ence all their cattle 〈◊〉 in the same 〈…〉 whom the King said that they should rise vp 〈…〉 saith our author diuina inspi 〈…〉 cecidit 〈…〉 omiam postulant c. And then the King himself by the inspiration of Gods holy 〈◊〉 fell downe vpon 〈◊〉 on the ground before their feete making them pardon for the iniury done to them by his officers And from that day forvvard he graunted them that all their 〈◊〉 should feed freely in his forrest And moreouer he willed them to seeke out a fit place in the Kingdome where he might buyld them a monastery for his deuotion and so he did founding both that and 〈◊〉 others as the monasteryes of Farendon â—â—â—â—ayles 〈◊〉 and VVâ—â—x-hallâ— so as if he had continued in the course of piety and moderation in life he had byn a notable King towards which he had many good partes 55. But about the 7. or 8. yeare of his raigne he began greatly to change his coÌ„ditions to the worser partâ— which some ascribe 〈◊〉 to the death of Queene Eleanor his mother vpon the sixth yeare of his raigne to whom he bare respect as long as she liued and her death was thought to be hastened by the affliction she tooke of K. Iohns cruelty towards Arthure Earle of Brittany her Nephew who being a goodly young Prince of 17. yeares old was made away in the Castle of Roane in the yeare 1203. by poison as some men thinke but as the King of France maintained before Pope Innocentius he was slaine by K. Iohns owne hands and his younger sister carried prisoner into England kept in Bristoâ— Castle where she pined away though both these pretended to be neerer the Crowne of England then K. Iohn himself for that they were the children of his elder Brother Geffrey by marriage Earle of Brittany 56. From this beginning then of domesticall bloud K. Iohn fell into his other rages of disâ—reâ—â—â—â— life and namely against the Church and Church-men 〈◊〉 wherof this particular occassion fell ouâ—â— that the foresaid 〈◊〉 Archbishop of Canterbury being dead vpon the youâ—◠〈…〉 the King desiring to prefer to that 〈◊〉 one Iohn Gray Bishop of 〈◊〉 whom he greatâ—â—◠〈…〉 principall monkes of the 〈…〉 election appertained to 〈…〉 for that 〈…〉 Canterbury to further that election by his owne presence And the monkes 〈…〉 cretly they had chosen another before whose name was 〈◊〉 Sub-prior of the house and with the same secresie had 〈…〉 away towards Rome for his confirmation with oath 〈◊〉 should not disclose himself vntill he came thither yet 〈◊〉 ly vpon offence taken with him for discouering himself 〈…〉 election in Flaunders and partly vpon the instance and 〈…〉 the King present they chose the said Bishop of Norwich 〈◊〉 him his letters of election in like manner with which the King presently sent him away to Rome adioyning speciall messengers of his owne to commend him to Pope Innocentius by all meâ—â—es possible for his admittance 57. But the Pope seeing two elections made by the monkâ—â—◠〈◊〉 two seuerall men and that the Couent was deuided vpon the matter he persuaded them for concordes sake to choose a 〈◊〉 and to leaue the former two and so at last they did and tookeâ— certaine English Cardinall then in Rome named Stephen Longâ—â—â— a man of great learning and most commendable life but not knowne or liked by the King both for that he had byn brought vp in the vniuersityes of France and not of England and for that the King could not brooke that the election which he had â—â—â—cured with so great diligence of the Bishop of Norwich should be reiected whervpon he fell into so great distemper of passion as was lamentable For first hauing made proclamation that the said Cardinall elected Archbishop and confirmed by the Pope and sent into France should not come into England 〈◊〉 receiued by any man vnder paine of death he sent his officers to CaÌ„terbury to sease both on the laÌ„ds of the Archbishopricke â—â— also of the monkes and to driue them out of the Realme with all the shame and vexation that might be and so they did And the said expulsed monkes were forced to fly ouer the sea to 〈◊〉 and liued for the time in the monastery of S. Berlin in that Ciâ—â—â— and the King commaunded to be put into that Couent 〈◊〉 religious men of the order of S. Angustine and more then this 〈◊〉 to that exasperation
declared 〈…〉 proofes demonstrations so 〈…〉 ted many other for breuityes sake the 〈…〉 tion being so apparant as there vvas 〈…〉 coâ—firme the same wheras on the contrary side M. Attorney sheweth himself so poore weake needy naked in his proofes as he hath alleadged only hitherto but foure instances or examples out of all these six hundred years that may seem somewhat to fauour him though indeed they doe nothing at all as in their places hath byn declared But now from this King downward we shall haue somewhat more store laid togeather by him out of peeces or raggs of Statutes though as little effectuall to proue his purpose as the other before recited and refuted 2. To begin then with young K. Henry who was but entred into the tenth yeare of his age when the scepter was deliuered vnto him and raigned somewhat more then 56. years He was crowned at Glocester after the death of his Father by one parte of the Realme that followed him and this especially as hath byn said through the presence authority of the forsaid VVallo Pope Innocentius his Legat who earnestly persuaded and inuited all sortes of people to follow and obey this young King and to forsake Prince Lewes of France that had London and the South-partes of England deliuered vnto him And finally denounced excommunication vpon all those that resisted this K. Henry therby drew at length all the Lords and Barons of England in effect to returne vnto him and was cheife Gouernour both of the said Kings person and Realme for a time togeather with some of the English nobility as before hath byn declared 3. Neither shall it be needfull heere to set downe the particulars of his said Coronation with the ordinary oath which all Kings tooke humbly vpon their knees before the high Altar and vpon the holy Euangelists to maintaine the liberties of the Church and to doe iustice to all sortes of men which for me we hauing set downe in the life of K. Iohn this mans Father some other Kings before may serue for an â—xample of all the rest Onlie there is to be noted as particular in this mans coronation that presentlie after his said oath he added this clause as Matthew Paris setteth it downe Deinde fecit homagium Sancta Romanae Ecclesiae Innocentio Papae c. Then he did homage to the holie Roman Church and to Innocentius the Pope therof for his Kingdomes of England and Ireland sware that he would faithfullie paie euerie yeare those thousand markes of tribute which his Father K. Iohn had giuen vnto the said Church c. Which is the first solemne homage that we read to haue been made by any King for temporall obedience vnto the Church of Rome in their coronation For albeit K. Henrie the 2. in his sorrowfull epistle before mentioned to Pope Alexander the 3. when he was in his greatest affliction wrote as Petrus Blesensis setteth it downe who was his secretarie Vestrae Iurisdictionis est Regnum Augliae quantem ad seudatorij iuris obligationem vobis duntaxat obnoxius teneor astringor The Kingdome of England is of your iurisdiction and to you onlie am I bound as subiect for so much as appertaineth to the obligation of feudatorie right yet is this by most men vnderstood to be meant by that King either in respect of that ancient voluntarie tribute before mentioned of Peter-pence or els of some particular agreement made between the said Pope Alexander and him vpon the controuersie about the death of S. Thomas of Canterbury 4. But we read no such thing continued by his sonnes after him vntill K. Iohn vpon the occasions before specified made this new couenant as hath byn declared Which yet afterward vpon the yeare of Christ 1245. and 29. of this Kings raigne when a Generall Councell was gathered by Pope Innocentius the 4. at Liâ—â— in France VValsingham writeth that foure noble men togeather with the Kings aduocate or attorney VVilliam Powycke were sent by the King common coÌ„sent of the Realme to the said Councell and Pope to contradict the said ordination and concession of K. Iohn as a thing that he could not doe without the consent of his whole Realme for many reasons which they alleadged And so we se that in this very contradiction what respect they bare â—oth to that Councell and head therof Innocentius the 4. to whose iudgmeÌ„t they were content to remit the matter And the Popes answere was saith VValsingham Remindigere mâ—râ—sa deliberatione that the thing required a long deliberation and so left the matter in suspence for that time 5. But to returne to this yonge King againe who being first as hath byn said vnder the Gouernment of the Popes Legat the Earle of Pen-broke high Marshall of England and after his death which was vpon the 4. yeare of the said Kings raigne the Legats departure he was wholy vnder the gouernment of Peter Bishop of VVinchester vntill the yeare of Christ 12â—3 and y. of his raigne at what tyme being 17. yeares old and feeling in himself a great desire to gouerne as young Princes are wont to doe thought to obtaine the same by the Popes authority and so sent priuie messengers to Rome to Pope Honorius the 3. saith Mathew Paris and requested at his hands for many reasons that he might be declared able to gouerne of himself togeather with his counsell and to receiue into his hands all those castles lands which diuers of his Barons did hold in his name from the tyme of his Fathers death Which thing was graunted him and the Popes Bull sent to the Archbishops Bishops Barons about the same with authority and commaundement to compell them by Censures to doe the same if any should refuse 6. And two yeares after this againe when he was 19. yeares old he calling a Parlament did decree and publish the famous great Charter called Magna Chaerta for the priuiledges of the Church as also the Charter of Forrests for the nobility and common people and many other things did happen in this time of his youth and non-age which doe euidently declare his dutifull respect vnto Ecclesiasticall power and especially to that of the Sea Apostolike not assuming to himself any peece or parcell therof And this might we easily declare by many examples wherin he proceeded as he was taught both by the presidence of his auncestors and by the common induction of religion and practice of all Christian Princes in those dayes and this as well after he came to full age as before and so continued vnto his dying day 7. And for that this mans raigne was large and of many years as hath byn said and if I should stand vpon particular proofes and examples of his acknowledgement of the supreme authority of the Sea of Rome and practice therof in all occasions it would be ouerlong and tedious therfore it shall be sufficient
Church-causes wherof M. Attorney as before you haue seen setteth downe a longe catalogue of such causes as cannot be iudged by the temporal law but must necessarily be remitted to spirituall Courts all these things I say matters and affaires were left as fully and wholy in the hands of the Bishops and English-Clergy with their subordination to their head the Pope by this K. Henry as by any of his predecessours or successours without the intermedling of any secular man therin as iudge or hauing authority Ecclesiasticall as of him self but only by way of intercession And this may be proued by infinite examples but none more apparant then by the practice of elections and promotions of Ecclesiasticall persons wherin though since that time by agreement of the Sea Apostolike Catholike temporall Princes haue for the most parte denomination and presentation yet then they had notâ— but that all elections were free to the Chapters of Churches and monasteries the confirmation commonly was sought at Rome and the King had no more parte therin but only that the said elections must be made by his leaue so presented to the Pope for confirmation 15. And of this other like matters we might giue examples without end for that euery day they fell out As for example vpon the yeare 1226. which was the tenth yeare of K. Henries raigne the Bishop of Durham Richard being dead the K. endeauoured greatly to bring in a certaine chaplaine of his named Luke into that dignity delt earnestly with the Prior CoueÌ„t of that Câ—â—rch to whom the election belonged to further the same But they holding the man vnworthy saith Mathew Paris for so great a dignity chose a learned and vertuous Priest that was Archdeacon of VVorcester named VVilliam Scot praying the King to be content therewith and so sent him to Rome to be confirmed by Pope Honorius the 3. But K. Henry being offended therewith sent the Bishop of Chichester with another Prior for his Embassadours to Rome to contradict the said election and thereby hâ—ld it in suspension for two years vntill Pope Honorius being dead and Gregory the 9. succeeding in his place he did reiect both the one and the other before named and translated vnto Durham Richard Bishop of Salisbury And the same yeare determined also that great controuersie saith our Author that had lasted diuers years between the Prior and Couent of the Monks of Couentry and the Deane and Chapter of the Chanons of Lichfield which of them should choose their Bishop and the said Popes determination was that one parte should choose him one tyme and the other the other but yet so as the Prior of Couentry should alwayes haue the first voice in both elections neither did the King contradict this ordination 16. Moreouer in this verie same yeare of 1228 died Cardinall Stephen Langhton Archbishop of Canterbury with whome and against whom K. Iohn moued so great troubles as before you haue heard who being dead and the monkes according to order hauing obtained licence of the King to make their election of a new they chose a monke of their owne called VValter Hemesham but the King after some deliberation not liking of him began to laie diuers obiections against him as may bee seen in our Author that liued in those daies But hee appealing to the Pope went to Rome whervpon the King setting downe his obiections in writing sent the Bishops of Rochester and Chester togeather with the Archdeacon of Bedford for his Embassadours to contradict the same also whome Pope Gregorie hauing heard and considered for diuers moneths togeather gaue sentence the next yeare after against him and at the instance both of the King Suffragan Bishops of Canterbury elected of himself into that dignitie one Richard that was Chauncellour of the Bishoâ— of Lincolne Virum eminentis scientiae literatura conuersationis â—â— nestae saith our Author A man of eminent knowledg and learning and honest conuersation though he doe add this that to obtaine this election of the Pope to reiect the othâ—â— the said Kings messengers offered that his maiesty the Realme should be coÌ„tent to graunt to his Holines a tenth ouer all England for his warrs against Fredericke the Emperour But howsoeuer that was this proueth euidently the acknowledgment of his supreme Ecclesiasticall authority ouâ—r England by this King as doe infinite other things which are ouer many to be recouÌ„ted in this place 17. For first this verie Archbishop Richard being procured as you haue seen with such diligence by the King three years after his election to witt vpon the yeare of Christ 1231. when the King in a Parlament holden at VVestminster exacted as well of the Clergie as of the laitie a certaine payment or contribution of money called Scutagium not accustomed to be paied before the said Archbishop with his Bishops audacter resistentes dixerunt quod non tenerentur viri Ecclesiastici iudicio subijci laicorum boldlie resisting said vnto the King that Clergie-men were not bouÌ„d to be vnder the iudgment of Lai-men in the Parlament And moreouer the said Archbishop going priuatelie afterward to the King complained much of his high Iusticer Hubert de Burgo Earle of Kent for detaining certaine lands belonging to the Sea of Canterbury and a little after not receauing satisfaction from the King he pronounced excommunication against the said Hubert and other detainers and all that should keepe them companie except onlie the King himself and hauing done this he appealed to Rome and went thither himself Against whome the King sent one Roger de Cantelù and diuers other learned men for his procurators whome Pope Gregorie the nynth hauing heard gaue sentence for the said Archbishop Richard against the King Proposuerunt autem in contrarium Clerici Regis saith Matthew Paris pro ipso Rege Iusticiario multa inaniter allegantes sed parum vel nihil profecerunt quia causa Archiepiscopi iusta erat fauorabilis The Kings Clarks and Procurators proposed manie thinges to the contrarie in fauour of the King and his Iusticer but of no moment and consequentlie they profited little or nothing with the Pope for that the Archbishops cause was both iust and fauourable See heer againe the Popes authoritie in practice 18. And when this good Archbishop Richard dying in his way homeward left the Church void againe of a Pastor the Prior and Couent of Canterbury chose for Archbishop one Raph Neâ—il Bishop of Chester and Cauncelour of the Realme wherat the King being verie glad sent his messengers togeather with the partie chosen and the monkes that accompanied him to Rome for his confirmation But Pope Gregorie vpon the information of one Simon de Langituna to whom the examination of the person was committed did refuse him as an vnlearned man and a Courtyer and vnapt to preach or teach but indeed as some suspected least being a great lawyer and of much authoritie
bestowing of Ecclesiasticall benefices 〈◊〉 inuiolate and that such as are Patrons of benefices may present fit men of your nation when they shall fall void c. 23. But yet the next yeare after the King calling a generall Parlament at London and the former greiuances not seeming to be sufficiently remedied by the said recourse to the Councell answers and promises of the Pope the same complaints were renewed againe with greater exasperation then before and the said greiuances put downe in writing All which being considered and weighed by the Parlament Vnanimiter consenserâ—â—t omnes saith Mathew Paris vt adhuc ob reuerentiam Sediâ— Apostolicae Domino Papae humiliter deuotè tam per Epistolas quam per solennes Nunciâ—s supplicarent vt tam intollerabilia grauamina iugum subtraheret importabile The whole Parlament did agree that yet once more for reuerence of the Sea Apostolike humble and deuout supplication should be made to the Pope both by their letters and solemne messengers that he would take from them the intollerable greiuances and importable yoke which by the foresaid abuses they felt to ly vpon them And so presently were written letters seuerally to be sent by the said messengers Frist by the Archbishops and Bishops Secondly by the Abbots Priors religious men Thirdly by the Earls Barons and communitie of the Parlament Fourthly by the King himself who wrote not only to the Pope as the rest did but a seueral letter also to the Cardinals to further the suite which letters are set downe by Mathew Paris at length and are to long for this place 24 Yet one thing I cannot omit that wheras the King wrote most deuoutly humbly both to the Pope Cardinals saying that he did make recourse in these complaints of his nobility and subiects to the Church of Rome Vt filius ad matrem quem suis lactavit vberibus as a sonne to his mother whome she hath nourished with her teates of mylke The said Barons though oftentimes repeating the words implorantes humiliter ac deuotè we beseeching you humbly and deuoutly vt dignemini miscricorditer exaudire that you wil vouchsafe mercifully to heare vs Yet adioyned they also this threat in the end that except they were eased of these burthens laid vpon them the Realme and their King they should be forced to put themselues as a wall for defence of the liberties of the said Kingdome which hitherto for reuerence of the Sea Apostolike they had differred to doe nor could expect any longer then the returne of their Embassadours So they 25. And by this we may se where the beginning was of those restraints which afterward in the dayes of other ensuing Kings were made against prouisions from Rome and benefices to be giuen to strangers as also against appeals in certaine cases other such like ordinances which seeme to containe some restraint of the execution of the Popes Ecclesiasticall authority in England Which did not rise as you see vpon any change of former faith or iudgement in religion or calling in question the said Popes spirituall iurisdiction ouer soules but only vpon temporall respects reasons of state and the like which concerned nothing at all faith or beleife or substance of religion And this one only consideration ouerthroweth all the poore obiections which M. Attorney hath picked out vnder the raigne of this other Kings that follow which now we shall take in hand to examine and discusse euery one as they come in their place Two instances alleadged out of the Raigne of this King Henry the third and of what weight they be §. I. 26. And first what doe you thinke M. Attorney bringeth out of this Kings raigne or can bring to ouerthrow all that we haue alleadged before in the same Kings life beleife gouernment and actions Doth he alleadge any one Law or Statute of his for that he was the father and founder of our Statute-lawes as he confesseth doth he produce any one decree wherby he declared that he thought himself to haue supreme spirituall authority or denyed or called in question that of the Sea Apostolike notwithstanding all the greiuances which before haue byn mentioned No truly no one word is alleadged therof though otherwise as I said this K. Henry made many Statutes at sundry Parlaments as for example vpon the 9. yeare of his raigne he made the famous Charter wherof we haue spoken before called Magna Charta containing 37. Chapters which may in effect be called so many different Statutes The first wherof beginneth thus VVe haue graunted to God and by this our present Charter haue confirmed for vs and for our heirs for euermore that the Church of England shall be free and shall haue all her holy rites and libertyes inuiolable So 〈◊〉 first and most ancient Statute and the cheifest liberty of the Church of England is vnderstood to haue byn their free dependance of the Sea Apostolike and their recourse therevnto without interruption or intermedling of any secular power in their Ecclesiasticall affaires 27. Besides this there was made by him in the same 9. yeare of his raigne the other notorious Charter named Charta de Foresta coÌ„taining 16. Chapters or brauÌ„ches as also the other named Merton vpon the 20. yeare of the said Kings raigne that hath six seuerall braunches or Statutes as diuers others also made vpon the 51. year of the said Kings raigne intituled vnder diuers particular titles as Dies communes in Banco Dies communes in dote Districtâ—â—â— Scaeccariae Iudicium Collistrigij de compositione mensurarum and the like And finally the other booke of Statutes made vpon 52. yeare called Marle-bridge containing 16. braunches or statutes In all which no one thing is found in fauour of M. Attorney or his assertion but many for vs if we would examine the partes and clauses of euery one For that the religion of England in that tyme being perfectly Catholike and agreeing in all things with it self with other Kingdomes of the world in one manner of beliefe and acknowledgement of the dependance of Spirituall and Ecclesiasticall power from the Sea Apostolike they could not make lawes for ordering their temporall affaires but must needs enterlace many things that did testifie the conformitie and subordination therof to the spirituall And if any temporall lawyer in England at this day though of far inferiour account and place to M. Attorney would take vpon him to write a booke alleadge all the lawes both common and statute and braunches therof that doe confirme allow or strengthen the Catholike Religion from most auncient tymes wherin any memory is of our lawes he might so far ouerbeare M. Attorney both in bulke and substance and truth of his allegations as S. Augustines volumes for example doe exceed in all these points Esops fables And this will you see in parte by that which we are now first to examine in this place I meane his first obiection set downe
out of King Henry which shall goe in this owne words as before we haue accustomed The Attorney In all the time of K. Henry the third and his progenitours Kings of England and ouer sithence if any man doe sue afore any Iudge Ecclesiasticall within this Realme for any thing wherof that court by allowance and custome had not lawfull Conusaunce the King did euer by his writ vnder the great seale prohibite them to proceed And if the suggestion made to the King whervpon the prohibition was grounded were after found vntrue then the King by his writ of consultation vnder his great seale did allow and permit them to proceed Also in all the raigne of Henry the third and his progenitours Kings of England and euer sithence if any issue were ioyned vpon the loyalty of marriage generall bastardy or such like the King did euer write to the Bishop of that Diocesse as mediate officer minister to his courte to certifie the loyalty of marriage bastardy or such like all which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and commaundement and that one of the Courts were so necessarily incident to the other as the one without the other could not deliuer iustice to the parties as well in these particular cases as in a number of cases before specified wherof the Kings Ecclesiasticall Courte hath iurisdiction Now to commaund and to be obayed belonge to soueraigne and supreme gouernment c. The Catholike Deuine 28. The conclusion or inference vpon this narration must be noted by the Reader to be M. Attorneys owne and not to be taken out of any other lawyers booke as the former parte of the narratiō is that telleth vs how the King appointeth that ech Court both spirituall and temporall shall handle matters and causes proper and peculiar vnto them and the one not to intrude it self into the affaires of the other and to this effect are his vvrits appointed of prohibition where matters are assumed which ought not in that Courte to be treated and of consultation to will them to proceed when their right is knowne All which maketh for vs shewing that the King would haue the subordination between these two Courts to be obserued and the spirituall to direct the temporall where any one thing might belonge vnto them both As for example if any man were impeached of bastardy thervpon his inheritance were claimed by another the Ecclesiasticall Court was first to giue sentence of the marriage whether it were lawfull or no then according to that sentēce was the tēporal Court to giue possession or not of the inheritāce 29. And that this was the true sincere meaning of the law at that time intending therby to shew the excellency and prerogatiue of the Bishops spirituall Courts aboue the Kings temporall is plaine and euident by an other Statute of this maner which M. Attorney would not see made in the 9. yeare of King Henry the 6. where it is ordained in explication of the former that when any such Plea of bastardie is held in any Courte of the Kings the Iudges therof shall make proclamation once in their Courte the Chauncelour of England certified therof by them shall cause to be made 3. seuerall proclamatiōs in 3. seuerall moneths in the Chaūcery That al persons pretending any interest to obiect against the party shall sue to the Ordinary or Bishop to whom the writ of certificate from the said Iudge or Iudges is or shall be directed to make their allegations and obiections against the party as the law of Holy Church requireth And that without this forme obserued al other processe shal be voide c. 30. And by this we may see how carefull the auncient lawes were to haue the spirituall Courte as the superiour well informed according to the law of Holy Church and how not only ordinary Iudges but the Chauncellour of England himself his highest Court of Chauncery was appointed to serue vnto this for that of the spirituall Courts iudgement depended in all such causes the iudgement of the temporall Courts And by this you will se also the vaine sleight of M. Attorney in telling vs that the King did euer write vnto the Bishop of that Diocesse as mediate officer and minister to his Courte to certifie the loyaltie of marriage c. For where doth he find in any ancient law at all those words as mediate officer and minister to his Courte in the latine himself leaueth out the words to his Courte though in calling the Bishop mediate officer or minister which is as much to say as superior officer for that in mediation and subordination of officers and ministers that gouerne the mediate hath the higher roome in respect of the people and Court wherof he is officer he includeth a contradiction against himselfe for then is the said Bishop also aboue all immediate temporall Iudges that must giue him certificate wherof the Chauncellour we se is one euen in the Kings temporall Courts themselues 31. But the inference is much more subtile when M. Attorney saith All which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and cōmaundement But M. Attorney must not so huddle vp iurisdiction and commaundement for that no man will deny but that all sortes of persons as before hath byn said are vnder the cōmaundement gouernement of the temporall Prince whom he may commaund ech one to doe their office duty in the Cōmon-wealth And so may he appoint Ecclesiastical Courts to notifie their sentences iudgements proceedings to his Courts his Courts to informe the Ecclesiastical Courts for good mutuall correspondence between them both which we graunt also to be necessary in euery Common-wealth 32. But iurisdiction which M. Attorney craftely confoundeth heer and shuffleth vp with commaundement is a far different thing importing a higher authority in the same kinde as if the temporall Prince haue iurisdiction Ecclesiasticall vpon Bishops and their spirituall Courtes then doth it follow that all their power in spirituall matters is subordinate to him and deriued from him and so were there no necessity of this distinction and subordination of spirituall and temporall Courts For that the Prince hauing both powers in himself might giue the same vnto any temporal Iudge to decide Ecclesiastical matters also in his Court which yet M. Attorney doth often deny that the Common-lawes can take conusaunce of such affaires And surely it is worth no lesse then laughter to heare him repeat so often The Kings Ecclesiasticall Courte as though this were sufficient to proue the Kings Ecclesiasticall authority in those Courts for that all Courts are the Kings Courts in that they are vnder his protection gouernement and direction and to the vse and profit of his people And so were also the Ecclesiasticall Courts of King Henry the third in this sense who yet chalenged no spirituall authority therin as by
ipsum regem sententiam serret excommunicationis He would out of hand with all the Bishops there present pronounce the sentence of excommunication against the King himself Rex autem peris audicas humiliter respondit quod consilijs corum in omnibus obtemperaret c. And the pious King hearing this did answere humbly that he would in all things obay their counsailes And so he did and within few dayes after he sent away Peter Bishop of VVinchester from the Courte which was the cheife of the said strangers that most defended them and cast into prison another Peter surnamed De Rhicuallis that had byn Treasurer and diuers others So as heere also we see the spirituall authority of Clergie-men aboue the King not only in the Pope himself but also in the Bishops of England which otherwise were subiects to the said King in temporall affaires 38. Yea not only Bishops but other Prelates also of lesser degree haue exercised the same authority spirituall in England euen against the King when occasion was offered As for example when this K. Henry had vsed very familiarly intrinsecally one Raph Briton that had byn his Treasurer he after falling out with him banished him the Courte and soone after that againe the said Raph being a Clerke and liuing at his Chanonry of S. Pauls the Maior of London had commission to apprehend him and send him to the Tower as he did which Doctor Lusey Deane of Pauls vnderstāding called his Chanons togeather the Bishops of London being absent seeing the violence vsed to a Clergy-man did put the Church of S. Paul vnder Interdict pronoūced sentence of excommunication against the doers maintainers and fauourers of this vnlawfull act The King stood stiffe for a time saith our Author but at length Rex dictum Ranulphum licet inuitus solui in pace dimitti praecepit The King though against his will did commaund the said Raph to be remitted peaceably vnto the place whence he was taken 39. Now then these examples and many more which for breuityes sake I pretermit doe make another manner of proofe of Ecclesiastical soueraignty in Clergie-men then doth M. Attorneys poore inferēce about the sending for a certificate to the Bishops Court concerning matters to be tried therin as before you haue heard And by this also you may see and consider the difference of substance and substantiall dealing between vs. And so much to this first instance Now let vs examine the second The Attorney By the aūcient Canōs decrees of the Church of Rome the issue borne before solemnization of marriage is as lawfull inheritable marriage following as the issue borne after marriage But this was neuer allowed or appointed in England and therfore was neuer of any force heere And this appeareth by the Statute of Merton made in the 20. yeare of Henry the 3. where it is said to the Kings writ of bastardy Whether one being borne afore matrimony may inherit in like manner as he that is borne after matrimony All the Bishops answered that they would not nor could not answere to it because it was directly against the common order of the Church and all the Bishops instanted the Lords that they would consent that all such as were borne before matrimony should be legitimate as wel as they that be borne within matrimony to the succession of inheritance for so much as the Church accepteth such to be legitimate And all the Earles and Barons with one voice answered we will not change the lawes of England which hitherto haue byn vsed and approued The Catholike Deuine 40. This is the second instance of M. Attorney taken out of this raigne of K. Henry and we must imagine that proofes goe hard with him when to seeme to say somwhat he is driuen to bring forth such silly ware as this is For if all be graunted as it may be which heere is said what can he inferre therof but only that the Lords and Barons of the Parlament did not thinke good to alter or change the auncient laws or customes of the Realme about succession of their children by legitimation after matrimony contracted notwithstanding the Church of Rome in certaine cases did allow them for legitimate and lawfull in respect of taking holy orders enioying benefices and other like commodityes what I say doth this import M. Attorneys conclusion that K. Henry tooke vpon him supreme Ecclesiastical gouernmēt For that this was free for the Realme to admitt or not admit the said legitimation to the effect of lawfull succession and inheritance And so the Canons themselues doe expresly set downe 41. For better vnderstanding wherof wee must note that wheras by the auncient Ciuill-law great respect was had euer to children borne out of wedlocke if marriage afterward did ensue notwithstanding they held marriage but only for a Ciuill cōtract so afterward when Christian Emperours came to beare sway more indulgence and fauour was shewed therin as may appeer by the Constitutions both of Constantine the first Christian Emperour and Zeno that ensued him and more yet by Iustinian which do most fully in diuers places both of the Code and Nouell Constitutions explicate the same In conformity wherof the Canon-law also decreeth in this sorte Tanta est vis matrimonij vt qui anteà sunt geniti post contractum matrimonium legitimi habeantur So great is the force of matrimony held for a Sacrament among Christians as it maketh such to be legitimate after it is cōtracted who were illegitimate before But yet this is with some restrictions as for example that they must be borne ex soluto soluta that is to say both the father mother must be vnmarried at the time when the said children are begotten For if either of them were married at that time then this priuiledge holdeth not as appeareth in the same law 42. Secondly this legitimation by ensuing marriage is to bee vnderstood principallie as before hath said In spiritualibus To enable men to Ecclesiasticall promotions though in the Popes temporall dominions it may enable them also to temporall succession but not in the States and dominions of other Princes And this verie distinction or caution is set downe in like manner by the law it self and heervpon is resolued also in a case touching the King of England by Pope Alexander the 3. that albeit the Ecclesiasticall Iudge must determine of the lawfulnes of marriage it self yet the question of temporall succession or inheritance therevpon depending must bee decided by the Iudges of the temporall Courte Nos attendentes saith Pope Alexander to the Bishops of London and VVorcester quod ad Regem pertinet non ad Ecclesiam de talibus possessionibus iudicare Fraternitati vestrae mandamus quatenus Regi possessionis iudicium relinquentes de causa principali cognoscatis eamque terminetis Wee considering that it belongeth to the King of England and not to the Church to
iudge of such possessions as depend of legitimation we commaund your brotherhoods that leauing the iudgment of the said possessions to the King and his Courts you examine onlie the principall cause concerning the loialtie of the marriage it self and determine the same 43. Heerby then wee see first that M. Attorney alleadging this instance hath alleadged nothing at all against vs or for himself For that when the Earls and Barons refused to change the laws of England concerning inheritance vpon legitimation they said no more then is allowed them by the Canon-law it self as you haue heard And how will M. Attorney inferre of this that K. Henry the third held himself to haue supreme authority ecclesiasticall for that this must be his conclusion out of his instance or els he saith nothing 44. And it shall not be amisse to note by the way how these men doe vse to ouer-lash in their asseueratioÌ„s to help their feeble cause thereby By the auncient Canons and Decrees of the Church of Rome saith he the issue borne before solemnization of marriage is as lawfull and inheritable marriage following as the issue borne after marriage But this is not sincerely related For the Canon-law as you haue heard putteth diuers restrictions both in the persons to be legitimated and in the ends and effects whervnto they are legitimated as also concerning the Countries Kingdomes wherin they are legitimated Of all which variety of circumstances and considerations M. Attorney saying nothing his intention therin may easily be ghessed at And so much for this matter OF THE LIVES AND RAIGNES OF KING EDVVARD The first and second Father and sonne And what arguments M. Attorney draweth from them towards the prouing of his purpose CHAP. XI HAVING now come downe by orderly descent of seauen hundred yeares more of the raignes of our Christian English Kings shewed them all to haue byn of one and the self same Catholicke Roman religion comforme also in the point of this our controuersie about the acknowledgement and practise of the spirituall power and authoritie of the Sea Apostolicke in England concerning ecclesiasticall affaires And hauing declared the same so largely as you haue heard in three Henries since the Conquest of famous memory and authoritie aboue the rest and the last of them author also and parent of all Statute-law in our Realme we are to examine now in order three Edwardes lineally succeeding the one to the other and all three proceeding from this last named Henry Vnder which Edwardes and their ofspring M. Attorney preteÌ„deth more restraint to haue byn made in some points of the Popes externall iurisdiction then vnder former Kings which though it be graunted vpon some such occasions as after shal be shewed yet will you fynd the matter far shorte of that conclusion which he pretendeth to maintayne that hereby they tooke vpon them spirituall soueraingty in causes Ecclesiasticall You shall see it by the triall OF KING EDVVARD THE FIRST VVhich vvas the nynth King after the Conquest §. I. 2. When King Henry the third dyed his eldest sonne Prince Edward was occupied in the wars of the Holy land being then of the age of thirty three yeares who hearing of his Fathers death retourned presently homeward and passing by the Citty of Rome found there newly made Pope Gregory the tenth called before Theobald with whome in tymes past he had familiarly byn acquainted whiles he was Legate for his predecessor Vrbane the fourth in the said warrs of the Holy-land who receaued him with all honour and loue and graunted vnto him saith Stow the tenth of all Ecclesiasticall benefices in England as well temporall as spirituall for one yeare the like to his brother Edmund for an other in recompence of their expences made in the Holy-land Whervpon when the next yeare after the said Gregory called a generall Councell at Lions in France which was the second held in that place of aboue fiue hundred Bishops and a thousand other Prelates King Edward sent also a most honourable embassage thither both of Bishops and Noble-men 3. This King Edward beginning his raigne in the yeare of Christ 1272. continued the same for almost 35. yeares with variable euents For as he was a tall and goodly Prince in person high in stature and thereof surnamed Long-shanke so was he in mynd also no lesse war-like haughty earnest and much giuen to haue his owne will by any meanes whatsoeuer when once he set himself theron though yet when he was in calme out of passion he shewed himself a most religious and pious Prince 4. Of the later may be example among other things his speciall deuotion to the Blessed Virgin mother of our Sauiour which both Mathew VVestminster and VValsingham doe recount from the very beginning of his raigne doe coÌ„tinue the same throughout his life by occasion of many strange and miraculous 〈◊〉 from imminent dangers which himself ascribed to the said dâ—uotion and to our Blessed Ladies speciall protection Wherevnto may be referred in like maÌ„ner the piety of the said King shewed in diuers other occasions As first of all when in the first yeare of his raigne he voluntarily set forth published and confirmed the Great Charter made by his Father in fauour of the Church saying as in the said Charter is to be read Pro salute animae nostrae animarum antecessorum successorum nostroruus Regum Angliae ad exaltationem Sanctae Ecclesiae emendationem Regni nostri spontanea bona reluntate nostra dedimus concessinius c. We haue giuen and graunted freely of our owne good will this Charter for the health of our soule and of the soules as well of our predecessours as successours Kings of England to the exaltation of holy Church and amendment of our Kidgdome c. 5. And the like piety he shewed in many other occasions in like manner as namely when he being in his iourney with a great army towards Scotland and his wife Q. Eleanor daughter to King Ferdinand the third of Spaine surnamed the Saint a most vertuous religious Lady falling sicke dying neere the borders therof he leauing his course retourned backe with her dead body to London Cunctis diebus vitae suae eam plangebat saith Walsingham Iesum benignum iugis precibus pro ea interpellabat eleemosynarum largitiones Missarum celebrationes pro ea diuersis Regni locis ordinans in perpetuum procurans The King did bewayle this Queenes death all the dayes of his life and did by continual prayers call vpon mercifull Iesus to vse mercy towards her ordeyning great store of almes to be giuen for her as also procuring Masses to be said for her soule in diuers partes of the Kingdome 6. And moreouer in all the places where the said body rested as it came to London he erected great goodly crosses in her memory Vt à transeuntibus saith VValsingham
We read also that when in the yeare 1299. King Edward was passed ouer with a great army into Flanders and did destroy that Countrey by fire and sword Pope Boniface sent two Cardinall-Legates to entreat him that he would be content to make truce for two yeares to the intent that peace in the meane time might be concluded adding further-more saith our Author paenam excommunicationis interdicti terrarum suarum the payne of excommunication and Interdict of his countreys if he yeelded not therevnto Sed Rex perpendens c. consensit in treguas indictas saith he the King considering well all circumstances c. did consent vnto the truce appointed by the Pope And wheras the next yeare after by other messengers sent vnto him in Canterb. the said Pope Boniface desired him to put at liberty Iohn King of Scotland which he had in hold assuring him that the King of England should leâ—se nothing by this Eorum petitioni Rex condescendens respondit se ipsum loannem tanquam seductorem falsum periurum ad Papam missurum The King condescending to their petition made answere that he would send the said Iohn as a false periured deceauer vnto the Pope to be punished by him And so he did and they caried him into France with them 18. And when afterward in the yeare 1301. King Edward was busily attent to his warrs in Scotland and Pope Boniface enformed by the grieuous complaints of the Scottish-men that K. Edward did them iniury wrote and gaue in commission to the Archbishop of Canterbury by an expresse messenger named Humbert to goe vnto the King and will him to desiste and to remit the iustice of the matter to be examined and tryed by the Sea Apostolicke anyd though the said King for the present tooke the matter very grieuously and sware that he would prosecute his said enterprize to the vttermost yet a little while after in the same yeare he sent the Earle of Lincolne and Syr Hugh Spencer to the said Sea Apostolicke to shew the right of his cause and what iniuries he had receaued at the Scots hands Iusuper Dominum Papam deprecarentur ne mendacij fabricatoribus sinum aperiret And that moreouer they should beseech the Pope that he would not open his bosome of beliefe vnto the Scottish-men that deuised lyes wherevnto the Pope hearkening wished notwithstanding that the King for his cause would giue the truce for a tyme by him assigned wherevnto the King yeelded 19. And when in the yeare following the said Pope Bonifacius vpon instance of the said Scottish-men wrote more earnestly to K. Edward in this affayre alleadging that Scotland was in the protection of the Sea Apostolicke yea and that it apperteyned also to the temporal right of the Church by submission belike of the Prince and inhabitants thereof at that tyme made the King gathering a Parlament at Lincolne determined therin first to write himself to the Pope about this matter and then that the lay-nobility and people should write another letter somewhat more earnestly to the same effect The Kings letter began thus Sanctissimo in Christo Patri Domino Bonifacio diuina prouidentia Sancta Romanae vniuersalis Ecclesiae summo Pontifici Edwardus Dei gratia Rex Angliae salutem deuota pedum oscula beatorum To the most holy father in Christ Boniface by Gods prouidence supreme Bishop of the holy Romane and vniuersall Church Edward by the grace of God King of England sendeth greeting and the deuout kissing of his blessed feete By which title we may see in what estimation he held the Pope at that day albeit in that letter he doth protest that he doth not send this his iustification for his pretence to Scotland in forme of iudgement to haue it tryed by the Sea Apostolicke as making any doubte therof but only to enforme his Holines conscience which he doth very largely beginning from the comming of Brutus himself into England yet doth he conclude beseeching him not to beleeue the informations of his aduersaryes and emulators Sed Statum nostrum iura nostra Regia supradicta habere velitis si placet paternis affectibus commendata That it may please you to haue our State and Kingly right before laid downe recommended to your fatherly affection 20. But the Earles and Barons and lay nobility of the land that wrote a seuerall letter to the Pope as before hath byn said were more earnest in defence of the Kings title saying Manu tenebimus cum toto posse totisque viribus c. We will hold and defend the same with all our power and forces nor will we permit our King though he would to leaue of this title Quocirca Sanctitati Vestrae reuerenter humiliter supplicamus c. Wherefore we doe reuerently and humbly make supplication to your Holines that you will defend our said King that is a deuout sonne of the Catholicke Romane Church as also his rightes libertyes customes and lawes and permit him to continew therin without diminution or molestation c. Giuen at Lincolne 1301. 21. And by all this now we may perceaue the state of things in our countrey at that time as also the sense and iudgement of K. Edward and his realme about this our controuersie of spiritual and Ecclesiasticall authority And that if this King did vse sometymes some rigorous dealing towards the Clergy it was not for that he doubted of their spirituall authority or esteemed the same to be in himself but partly vpon his forsaid necessity of warre and partly for the emulation conceaued against them by the laity for their wealth and other such causes And as for the lawes which he made in their preiudice as that of Mort-main wherby is prohibited that any thing shall passe ad manum mortuam that is to say to any of their communityes that pay not tribute to the King without the Kings speciall licence some other lawes in like manner for restraint as it seemed of their externall iurisdiction in certaine affaires it proceeded of the same emulation and complaints of the subiects begun in the time of King Henry the third as you haue heard and continued in this mans dayes as also in the dayes of diuers of his succesors But this is nothing to our question in hand though M. Attorney hath nothing else but such matter as this as presently you shall see for now shall we passe to his obiections vnder this King which are foure of very small moment as by handling will appeare The Attorney In the raigne of K. Edward the first a subiect brought in a Bull of excommunication against another subiect of this Realme and published it to the Lord Treasurer of England and â—his was by the auncient common-law of England adiudged treason against the King his Crowne and dignity for the which the offender should haue byn drawne and hanged but at the great instance of the
ijs iustitia sicut de Laicis M. Attorney to aggrauate the Kings accorde and declaration ouer that of the generall Councell putterh it downe thus It is agreed and declared before the King and his Counsell that the same constitution shal be vnderstood in this wise Whereas the Latin speaketh in the present tense It is to be vnderstood nor hath it the words in this wise And where M. Attorney saith They shall not from hence forth be deliuered but iustice shall be executed vpon them as vpon other lay men those shalls b◠not in the Latin but rather that they may or must not be deliuered vnto Prelates but that iustice be done vpon them as vpon lay men So that herby you see the labour that M. Attorney taketh to draw a little water to his mill and yet that nothing commeth but puddle that driueth not but choaketh the same Let vs see his fourth instance whether it be of any more weight or moment than the rest The Attorney In an acte made at the Parlament holden at Carleile in the 25. yeare of the said King Edward the first It is declared that the holy Church of England was founded in the state of Prelacy within the Realme of England by the King and his progenitors c. For them to informe the people in the law of God and to keepe hospitality giue almes and doe other workes of charity c. And the said Kings in tymes past were wont to haue their aduise counsaile for the safe-guarde of the Realme when they had need of such Prelates and Clerkes so aduaunced The Bishop of Rome vsurping the signories of such benefices did giue graunt the same benefices to Aliens which did neuer dwell in England and to Cardinalls which might not dwell here c. in adnullation of the state of the holy Church of England desherison of the King Earles Barons and other nobles of the Realme and in offence and destruction of the lawes rights of this Realme and against the good disposition and will of the first founders It was enacted by the King by assent of all the Lords Communalty in full Parlament that the said oppressions grieuances and dammage in this Realme from thence forth should not be suffered as more at large appeareth by this Act. The Catholike Deuine 36. This Parlament of Carliele which M. Attorney ascribeth to the 25. yeare of King Edwardes raigne both in his latin and English columns I doe imagine to be an error in place of the 35. for that I fynde no Parlament held vpon the fiue and twentith in which yeare King Edward was partely in Scotland and partely in Flanders and there kept his Christmasse in the City of Gaunt But vpon the 35. yeare which was the last of King Edwardes raigne there was a Parlament helde at Carliel vpon the Octaues of S. Hilary In which Parlament there was such a declaration and complaint made as here it set downe that the Bishopricks and benefices being often giuen to strangers by the Popes prouisions who residing not in England nor keeping hospitality nor being able to preach or teach for that they wanted the English language the Church of England and poore people therof did suffer much inconuenience therby and for that the Bishopricks and Prelacyes of the said Church were founded ordinarily by Kings and Princes of the said land they said it was reason that they as Patrones should present English men to the same 37. And these complaints which now we haue heard began in diuerse former Kings dayes especially vnder King Henry the third and were continued vnder this man and his Successours but most of all vrged vnder King Edward the third and King Richard the second by whome greater restraints were made vntill the Sea Apostolicke and our Kings came to a certaine forme of agreement as in other countreys and Kingdomes also they did though in different sortes how benefices should be prouided to wit by election of the Deane Chapter in some and by Kings and Princes nominations in others as also by prouisions of Bishops in lesser preferments Wherein notwithstanding the said Sea Apostolicke retained diuers gifts to it self as in sundry countryes is seene at this day by vse and practice 38. Well then the States of England at this time said decreed that the abuses of bestowing English benefices vpon strangers were not to be suffered especially such as had byn newly brought in by one VVilliam Testaw sent thither out of France by Pope Clement the fifth for so testifyeth Mathew VVestminster that was then liuing whose words are these The King held a Parlament at Carliele wherein greater complains then euer before were made of the oppression of Churches and Monasteries and many extorsions vsed by one Maister VVilliam Testaw the Popes Clerke to whome commaundement was giuen by the assent of the Earles and Barons that he should not vse like extorsion for the tyme to come And moreouer it was ordeyned that for obteyning remedy certaine messengers there assigned should be sent to the Pope And the very self-same thing writeth Thomas VValsingam And this is all the remedy mentioned by these men to haue byn taken at that tyme to wit supplication to the Pope himself that he would put thervnto conuenient redresse which well declareth the respect borne to that Sea 39. And albeit this Statute here mentioned by M. Attorney may be supposed also to haue passed at that tyme yet may it appeare by the words of other Statutes after in the tyme of King Edward the third that the same was not put in vre vntill his dayes as in his life we shall shew more particularly And what maketh all this now for M. Attorney or what rather doth it not make against him For here the whole Parlament of Carliele acknowledginge the Popes spirituall authority as appeareth by their manner of writing vnto him complained of certaine abuses or excesses streching themselues in a certaine sorte as they pretended to temporall commodityes and sought remedy therof from himself And can any thing be more cleere against M. Attorney then this Surely at the barre he durst not for his credits sake pleade in this manner much lesse should he doe it in a booke wherin the speaches remaine longer to the view of the reader then doe fleeting words to the hearer at the barre But inough of this M. Attorney pleadeth well where he hath truth and substance for him in this cause both doe faile him and what then can he doe but cast shaddowes as here you see that he doth OF KING EDVVARD THE SECOND VVhich vvas the tenth King after the Conquest §. 11. 40. Much lesse is needfull to be said of this King then of the former both for that his raigne was shorter and much more troublesome in temporall affaires which gaue lesse place to spirituall and now also our Authors that were wonte to
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
strangers that had benefices or Ecclesiasticall liuings within the Realme both religious and other To which consideration he had these particular motiues peculiar to his time and state that he hauing for some yeares before proclaimed himself King of France and taken the Armes and Title of that Kingdome vpon him as due vnto him by succession for that he was next heire male in bloud to King Philip the 4. surnamed the faire that by his mother Queen Isabel was his Grandfather and all the Popes at that time being French-men and lying at Auinion in France for seauenty yeares togeather and the most parte of the Cardinals and Courte being in like manner of the same natioÌ„ that were ordinarily prouided by the Popes of benefices and Bishopricks in England and therby not fit as was pretended to teach preach or reside there King Edward besides the regard of other inconueniences entred into ielousie also of state thinking that these men were enemyes to his pretences in France and therevpon was the more pricked to make the prohibitions and lawes which he did 4. But yet writing first therof to the Pope himself in most humble and dutifull manner requesting redresse and remedy immediately from that Sea as by his letters yet extant doth appeare vpon this occasion saith VValsingham for that Pope Clement the 6. which once had byn Archbishop of Roane in Normandy a man of eminent learning but of profuse liberality made prouisions vnto two French Cardinals for their maintenaunce of two thousand markes a yeare vpon Bishopricks and Abbeys in England without the Kings knowledge or consent wherwith he being much offended commaunded first the Procurators of the said Cardinals to surcease and departe the land vpon paine of imprisonment then wrote vnto the said Pope that famous letter saith our Author for the liberty of the Church of England which he and others doe set downe The Title wherof is this Sanctissimo in Christo Patri ac Domino Domino Clemanti diuina prouidentia Sacrosancta Romana Vniuersalâ—◠〈◊〉 Summo Pontifici Edwardus eadem gratia Rex Francia Anglia c. â—â—â—uota pedum oscula beatâ—rum 5. This is the Title and inscription of his letter whereby wee may see what account he made of the Sea Apostolicke and Bishop thereof And in the prosecution of the said letter he layeth downe first how all the Bishopricks Prelacyes and benefices 〈◊〉 England being founded by the deuotion of Christian Kings â—ishops and Noble-men therof to the end that the people might be instructed the poore releiued the Churches serued the Princes assisted by Counsaile and help of the said Prelates according to that we haue heard touched before in the Statute of Carliele vnder this mans Grand-father and otherwise often repeated vpon other occasions all these good ends were said now to be euacuated by that the Sea Apostolike reseruing the collâ—tions of such spirituall liuings to the Courte of Rome vnfit men strangers for the most parte were preferred and therby English-men discouraged and damnified the patrons of benefices depriued of their right of presentation many other such inconueniences ensued 6. Wherfore considering all these points saith the King Pâ—â—sata etiam deuotionis plenitudine quae domus nostra Regia Clerus â—â—pulus dicti Regni perstiterunt hactenùs in obedientia Sedis Apostolica c. Considering also the fulnesse of deuotion wherwith our Kingly family as also the Clergy and people of our Realme haue pâ—â—seuered hitherto in the obedience of the Sea Apostolicke it seemeth right that you as a Father prouiding for his children should with paternall affection alleuiate the burthens of your said children and permit for the time to come that Patrons of benefices may haue that solace as to present fit persons without impeachment to the said benefices wherof they are patrons and that Cathedrall Churches others of the said Kingdome may be prouided of Pastors by free elections c. Wherfore we â—â—seech your Benignity to vouchsafe euen for the honour of God and saluation of soules and for the taking away of the foresaâ—â— scandals and offences to put quickly some whole-some temperament vnto these matters to the end that wee who doe â—â—â—rence as wee ought to doe your most holy person and the holy Roman Church in paternae vestra dilectionis dulcedine quie scamâ—â— may rest in the sweetnes of your fatherly loue towards vs. 〈◊〉 â—â—â—â—lissimus ad regimen Ecclesia Sua Sancta per tempora prospera lonâ—â—â— The most high God preserue you to the gouernment of his holy Church for many and prosperous years Giuen at VVestminster the 26. day of September vpon the 4. yeare of our Raigne ouer France and 27. ouer England 7. Heere we see with what respect to the Sea Apostolicke King Edward pretended to make the restraints which he made of prouisions from Rome and to shew more his confidence and acknowledgement toward the said Sea he sent soone after the very same yeare vnto the said Clement the 6. a most honourable Embassage by Henry Earle of Lancaster and Derby as also the Earls Spenser and Stafford togeather with the Bishop of Oxford to treat with the said Pope and lay before him the right which he pretended to the Crowne of France though not in forme of iudgement or to put the matter in triall saith VValsingham but as to a father and friend he hauing 4. yeares before that written largly of the ground of his said right vnto this mans predecessour Pope Benedictus the 11. and to the whole Colledge of Cardinals himself being then at Antwerpe vpon the 16. of Iuly Anno Domini 1339. and 13. of his Raigne 8. His epistle to the Pope had the same title which the other before and that to the Cardinals Amabilium Deo patrum Sacrosancta Romana Ecclesiae Cardinalium Collegio venerando c. In the prosecution of which letter to the Pope after a large demonstration of his title he hath these words Non igitur apud vestrae viscera misericordia Sanctitatis locum inueniat detrahentium informatio amula c. Let not therefore the emulous informations of detractors find place in the bowells of your mercie and Holines against such a sonne of yours as by hereditary right of all his progenitors doth and will for euer immoueably persist in your obedience and in the obedience and grace of the Apostolicke Sea c. And we doe intimate this processe of our iustice to the said Crowne of France and of the iniury done against vs by detayning the same vnto the preheminence of your holy Highnes that by your supreme and holy measure of right and equity whervnto belongeth vpon earth to open and shut the gates of heauen and to whom appertaineth the fullnesse of power supereminency of tribunall you will fauour our right so much as reson requireth Parati semper ne dum à vestro sancto cunctis presidente iudicio
imò à quoâ—iâ— alio de veritate contrarij si quis eam nouerit humiliter informati We being ready alwayes to be humbly informed of the truth of the contrary not only from your holy iudgement which gouerneth all but from any other that knoweth the same 9. So K. Edward to the Pope at that time concerning his great controuersie of France And albeit he was neuer wholy deuoid of the ielousies suspicions before mentioned that those French Popes did fauour more his enemies the Kings of France then himself and did assist them also oftentymes with graunts of great pecuniary succours vpon the Clergy as himself in some letters doth complaine yet did he neuer for this loose any inward respect reuereÌ„ce or obedience to the said Sea Apostolicke No nor did the said Sea cease for many years after to vse her auncient custome of prouiding Bishopricks and Prelacies in England though commonly they were English-men only As for example the very next yeare after to wit 1344. and 18. of King Edwards raigne the said Pope Clement made Bishop of Norwich one VVilliam Bate-man that had byn Auditour of his Pallace and Courte in Auinion And in the yeare 1362. Pope Vrbanus the fifth made Bishop of Lincolne by his prouision one Iohn Buckingham and of Chichester one VVilliam Lynne and King Edward admitted the same without resistance And foure years after that againe the same Pope vpon the death of Simon Islep Archbishop of Canterbury gaue that Bishopricke by his prouision to Simon Langtham that was Bishop of Ely and translated Iohn Barnet Bishop of Bath from that Sea to Ely and one M. Iohn Harwell being commended greatly by Prince Edward of VVales to the said Pope was admitted by him to the said Bishoprick of Bath as also VVilliam VVickham bearer of the Kings priuy signet was preferred by the said Pope vnto the Bishopricke of VVinchester Domino Rege procurante saith Walsingham that is King Edward procuring and labouring for the same 10. And two yeares after this againe in the yeare 1368. we read that the foresaid Simon Langtham being made Cardinall by Pope Vrbanus and therevpon resigning his Archbishopricke of Canterbury the Pope by his prouision gaue the same to VVilliam VVriothesley Bishop of VVorcester and the foresaid Lynne Bishop of Chichester he translated vnto the Bishopricke of VVorcester and vnto the Church of Chichester he promoted one VVilliam Roade In all which wee read not that K. Edward made any difficulty And the very next yeare after this againe wee find registred that the same Pope prouided the Churches of Norwich Hereford and Exceâ—â—â— of Bishops by his owne prouision only it is said of the later of the three quod Thomas Brangthingham fauore literarum Domini Regis Edwardi ad Exoniensem Ecclesiam promotus est Thomas Brangthingham was promoted by the Pope to the Church of Excester through fauour of the letters of K. Edward 11. And finally this matter went on in this manner vntill towards the later end of K. Edwards raigne when he growing old and feeble as well in iudgement as in body and matters depending most vpon his sonne Iohn of Gaunt who was a disorderly man in those dayes and much cried out vpon by all the Common-wealth as may appeare by that he was afterward deposed by Parlament from al gouernment though it lasted not long shewed himself enemy to the State of the Clergy as soone after he well declared by the imprisoning of VVilliam VVickham Bishop of VVinchester assayling Courtney Bishop of London fauoring the famous hereticke Iohn VVickcliffe at his beginning publickly and other such signes and demonstrations at this time I say being the 47. of the raigne of K. Edward according to VValsingham or 49. according to Polidor though the booke of Statutes doth appoint in the 25. and 27. years of the said Kings raigne were the Statutes made or perhaps begun to be put in execution against recourse to Rome except in causes of appellation and against prouisions of benefices to be gotten or procured from thence not at home by the patrons thereof Rex Edwardus saith Polidor primus omnium de Consilij sententia indixit immanem illis paenam qui in posterum impetrarent vbiuis gentium Anglicana sacerdotia à Romano Pontifice aut causas nisi per appellat tonem ad eundem deferrent c. Lex prouisionis siue de Praemoneri vocitatur King Edward first of all other Kings by the sentence of his Counsell did decree most horrible punishment vnto those that for the time to come should in any parte of the world obtaine English benefices from the Pope of Rome or should carry any causes vnto him but only by appellation The law is called the law of Prouision or Praemunire 12. And the same Author addeth further that Pope Gregory the 11. hearing of this law tooke the matter greiuously and wrote to King Edward for the reuocation therof but there ensuing presently a great schisme in the Church of Rome which endured allmost 50. years vntill the tyme of Martin the 5. King Edward also not liuing many years after and the disordinate gouernment of his Nephew K. Richard the 2. with the tumultuation of the VVickcliffians succeeding nothing was done therin And yet doth it appeare by VValsingham that vpoÌ„ that very same yeare of 1374. which was the 48. of K. Edwards raigne there was a treaty begun in the moneth of August at Bruges in Flaunders between Embassadors sent both from the sorsaid Pope Gregory and King Edward to treat of these points and that the said treaty endured almost two yeares Et tandem saith he concordatum est inter eos quod Papa de catero reseruationibus beneficiorum minimè vteretur quod Rex beneficia per literas Quare impedit vlterius non conferret At length it was agreed between them that the Pope for the time to come should not vse reseruations of benefices to himself and that the King should no more bestow benefices by his writ of Quare impedit 13. Thus much writeth VValsingham and toucheth no other points which yet probably may be presumed to haue byn treated at that time namely that the Kings for the time to come should haue the nominations of Bishops and the Pope only the confirmation and inuestiture except in certaine cases as afterward we haue seen practised not only in England but in most Catholicke Kingdomes round about but this by concession and agreement of the Sea Apostolicke it self without any least intention in the said Princes to deny the supreme spirituall power authority of the said Sea much lesse to take it vpon themselues as M. Attorney would inferre that they did out of these peeces of Statutes which he alleadgeth for that purpose Whervnto now we shall answere breifly as they ly in this booke M. Attorneys obiections out of the Raigne of King Edvvard the third §. I. 14. For that these obiections are many
should be first if he were supreme in that sorte of authority and that the matter went by rigour of law not by composition agreemeÌ„t And finally for that the Prince in this case cannot put in a Pastor immediatly from himself giuing him spiritual iurisdiction ouer soules but must present him to the Bishop or Metropolitan to be induced by him indued with that iurisdiction which he should not doe if his owne authority spirituall were greater then the said Bishops or Archbishops And so we see that M. Attorney proueth nothing by this allegation against vs but rather against himself The Attorney The King may not only exempt any Ecclesiasticall person froâ—â—â— the iurisdiction of the Ordinary but may graunt vnto him Episcopall iurisdiction as thus it appeareth there the King had done of auncient tyme to the Archdeacon of Rick-mond All religious or Ecclesiasticall houses wherof the King was founder are by the King exempt from ordinary iurisdiction and only visitable and corrigible by the Kings Ecclesiasticall commission The Abbot of Bury in Suffolke was exempted from Episcopall iurisdiction by the Kings Charter The King presented to a benefice and his presented was disturbed by one that had obtained Bulles from Rome for which offence he was condemned to perpetuall imprisonment Tithes arising in places out of any parish the King shall hâ—â—e for that he hauing the supreme Ecclesiasticall iurisdictioâ— is bound to prouide a sufficient Pastor that shall haue the Cure of soules of that place which is not within any Parish And by the common lawes of England it is euident that no man vnlesse he be Ecclesiasticall or haue Ecclesiasticall iurisdiction can haue inheritance of tithes The King shall present to his free Chappels in default of the Deane by lapse in respect of his supreme Ecclesiasticall iurisdiction And Fitz-herbers saith that the King in that case doth present by lapse as Ordinary The Catholicke Deuine 20 Heere be diuers particulars breifly touched which I shall answere with like breuity especially for so much as they are but notes and obseruations out of particular collections of Law-writers and not Laws nor Statutes themselues First then it is denied that in the time of this K. Edward the 3. his raigne either he or any other Prince temporall could exempt any Ecclesiasticall person from the iurisdiction of his Ordinary Bishop and much lesse graunt vnto him Episcopall iurisdiction as of himself and by his owne power only he might procure it by his suite to the Sea Apostolicke as before hath byn shewed vnder K. Edward the Confessor and other Kings before the Conquest and diuers after also namely K. Henry the third and his children And whatsoeuer is said heer to the contrary for those dayes is either â—ror or mistaking for that it was common Catholicke doctrine â—â— that time as it is now that Episcopall iurisdiction cannot be giuen by 〈◊〉 but by him that hath it eminently with superiority in himself which must be by ordination commission descent from th'Apostles to whom it was giuen in Capite as before we haue declared to descend downe by succession and the said ordination and imposition of hands to the worlds end vpon Bishops Prelates and Pastores by lawful subordination the one vnto the other which cannot fall vpon any lay Princes that haue not this ordination Ecclesiasticall as euery man of iudgement and void of passion will easily see and discerne And the example before alleadged of the great Christian Emperour Valentinian the elder that professed himself to be vnum de populo non de Clero one of the lay people and not of the Clergy and consequently not to haue authority to iudge among them and much lesse to giue or exercise spirituall iurisdiction doth shew what the faith and practice of the Catholicke Church was in this point aboue twelue huÌ„dred years gone 21. Heerby then it is euident how those religious houses wherof King Edward was founder namely the Abbey of Bury which is the 3. obiection were exempted by the Kings Charter from Episcopall iurisdiction to wit the King procured the same first from the Sea Apostolicke then confirmed it by his Charter as by many examples you haue seen diuers precedent Chapters of this Booke and namely vnder King Edward the Confessor King Edgar King Kenulph and King Inas before the Conquest 22. If one was condemned to perpetuall imprisonment for disturbing the Kings presentation by the Popes Bulles it is a question de facto as you see not de iure and such might the Kings anger or offence be as he might also be put to death for it some Iudges neuer wanting to be ready to satisfie Princes pleasures in such affaires yet this doth not proue the lawfulnes of the fact And we haue seen before that this King Edward the 3. vpon the 48. yeare of his raigne promised the Pope that he would neuer vse more that manner of proceeding by his writts of Quare impedit wherby it is like this man was so greiuously punished 23. The instance of tithes allotted to the King for maintenance of a Pastor in places without the compasse of any parish is a very poore and triflying instance First for that those places that are out of all Parishes are to be presumed to be very few and secondly what great matter is it if so small a thing be left in depossto with the King for vse of the incumbent that is to ensue We haue seen in our dayes that tithes and rents of the Archbishopricke of Toledo for example in Spaine being valued at three hundred thousand Crownes by the yeare were depositated many years togeather in the Kings hands that last dyed whiles the Archbishop Carança was called to Rome imprisoned there vpon accusations of heresie and other crimes laid against him and in the end sentence being giuen a great parte of that money was graunted to the said King by the Sea Apostolicke for his wars against Infidels And yet doth not this proue that the King of Spaine had this by any spirituall iurisdiction of his owne but by concession of the Sea Apostolicke 24. And wheras M. Attorney saith heere that by the common laws of England it is euident that no man vnlesse he be Ecclesiasticall or haue Ecclesiasticall iurisdiction can haue inheritance of tithes I would aske him first how he proueth that the King of England had these tithes by inheritance and not by ordination agreement or conuention And secondly how his Common law can determine that no man may enioy tithes but he that hath Ecclesiasticall iurisdiction wheras before in the 9. leafe of his booke he maketh tithes to be an Ecclesiasticall cause and out of the Conusaunce of the said Common-law 25. And finally his last inference that for so much as the King is to present to his free Chappels in default of the Deane by lapse that this is done in
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
as you haue heard And some cause might be also of this speciall commission for Iudges and Iustices to assist Bishops and so no doubt it was for that the said Lollards and VVickcliffians had not onlie been troublesome and daungerous to the State vnder the raignes of King Richard the secoÌ„d and Henry the 4. but vnto the person and life of this man also some moneths before this Statute by conspiring his death and raising a daungerous rebellion in S. Giles field by London as both VValsingham and other authoâ—s doe reporte and therefore no maruaile though authoritie be giuen as heer is said that the Sheriffes and other Officers maie aâ—â—est apprehend them and what maketh this for M. Attorneys purpose 25. But further I cannot but maruaile at his note in the margent Lollardy saith he is of lolio which signifieth Cockle for as Clockle is the destruction of the corne so is heresie of true religion and then doth he bring in two seuerall verses the one of Virgil and the other of Ouid about lolium shewing himself thereby a good grammarian though yet in the thing it self he was much deceiued For that Lollards and Lollardy being a particular sect of hereticks are not deriued from the latin word Lolium signifying cockle or darnel as the verie deriuation it self might easily shew but of the first author therof named Gualter Lolhard a German about the yeare of Christ 1315. as Tritemius in his Cronicle declareth and is larglie shewed in a booke some yeares past set forth in our English tongue by a Catholike writer which if M. Attorney had read he might easilie haue auoided this grosse mistaking From which also I maruaile that his affectioÌ„ to the men had not somewhat with-held him for that they were of his religion not cockle but good corne if wee beleiue his great historiographer and deuine Iohn Fox who setteth them out not onlie for good Christians but for Saints and martyrs in his bookes of Martyrologe Acts and Monuments But thus these men agree togeather Out of the raigne of King Henry the sixt the fiftenth King after the Conquest §. III. 26. Out of this Kings raigne which endured most Catholiklie for neere 40. yeares though vnfortunately through wars sedition and broiles of the Realme M. Attorney findeth onlie these three poore instances ensuing The Attorney Excommunication made and certified by the Pope is of no force to disable any man within England and this is by the auncient Common laws before anie Statute was made concerning forraine iurisdiction The King only may graunt or licence to found a spiritual incorporation In the raigne of K. Henry the 6. the Pope wrote letters in derogation of the King and his regalty and the Church-men durst not speake against them but Humfrey Duke of Glocester for their safe-keeping put them into the sier The Catholicke Deuyne 27. To the first hath been answered diuers times before that it appeareth to haue been an agreement at that tyme in England that the Popes Bulls of excommunication should not bee published by particular men but with the certificate of some Bishop for more authoritie c. as it is now also vsed in diuers Catholicke CouÌ„tries for auoiding the fraudes and practice of particular inquiet people that by false suggestions get Buls c. But that this was by the auncient CommoÌ„ laws before anie Statute made hath no probabilitie at all as by the whole Course of our auncient Catholicke Kings hath been declared And it groweth now somewhat loathsome and ridiculous to see M. Attorney runne so often to this common Chymera of auncient Common-lawes without shewing any or any likeli-hood that any such were or could bee in auncient tymes amongst our auncestors for that their religion deuotion sense and iudgement ran wholy to the contrary in those dayes Whervpon it followeth as often we haue said that if a Common-law could not be made admitted or authorized without some common consent of Prince and people it is vnpossible that such common laws should then bee as M. Attorney doth frame heer to his fansie vpon euery occasion that pleaseth him 28. That the King onlie maie graunt licence to found a spirituall incorporatioÌ„ maie bee vnderstood in two sortes First that the said incorporation cannot bee made or erected within his dominions or founded with lands goods or rents without his leaue and licence and this wee denie not Secondlie that the said spiritual incorporation should haue her spiritualtie from the King that is to saie her spirituall and ecclesiasticall priuiledges of being such an incorporation belonging to the Church And this wee haue seen by the practice of all times in England both before and after the Conquest to haue been euer sought and receiued from the Sea Apostolicke wherof wee haue a particuler demonstration set downe before in the 6. Chapter of this our Answere 29. The last which he obiecteth of the fact of Humfrey Duke of Glocester that cast as he saith the Popes letters into the fire for their safe-Keeping is rather a iest than an argument And I maruaile M. Attorney a man of his degree would bring it forth and print it also for an argument whether the thing be true or false For if it fell out as heer is noted in the margent vpon the first yeare of King Henry the 6. his raigne when the King was but eight moneths old and the said Duke his vncle Gouernour of the Land and in his cheifest ruffe who afterward came thereby to soe pittifull a ruine both of himself his freinds and the Realme euerie man maie see what force this iest maie haue which yet I haue not read in anie other author besydes M. Attorney and so to him I leaue it OF THE RAIGNE OF FOVRE ENSVING KINGS TO VVIT Edward the fourth Edward the fifth Richard the third and Henry the seauenth And how conforme they were vnto their auncestours in this point of controuersie which we haue in hand CHAP. XIIII THe line of Lancaster being put downe and remoued from the Crowne by the depriuation and death of K. Henry the 6. and his sonne as before you haue heard there entred the howse of Yorke with no lesse violeÌ„ce of armes and effusion of bloud but rather more then the other familie had done before by taking to it self the Crowne from the head of K. Richard the 2. For that Edward Duke of Yorke by dint of sword inuesting himself of the scepter by the same maintained it though with much trouble feares iealousies for the space of 22. yeares and then thinking to leaue it quietlie to his sonne Edward the 5. though with protestation and oath at his death as Syr Thomas More recordeth that if he could as well haue forseene the vanitie of that ambition as now with his more paine then pleasure he had proued he would neuer haue wonne the curtesie of mens knees with the losse of so manie heads
the same was taken from him soone after togeather with his life by the cruell ambition of Richard Duke of Glocester brother to the deceased King so little motion made his oration and protestation against ambition at his death in the heart of him that was so furiouslie set vpon the same and desired to bee in his place 2. This man entring then with such boisterous and vnnaturall iniquitie of the slaughter of two of his Nephews continued that violent gouernment for two yeares and some what more though with many afflictioÌ„s both inward and outward and finallie lost it againe with the losse of his life and proued with a shorter experieÌ„ce then his brother King Edward had done before him how much more paine then pleasure that place brought to the violent possessor especiallie if iniustice goe with it which is the cheife origen and fountaine of all disasterous small successe 3. This man therefore being taken away by the sword of Henrie Earle of Richmond called afterward King Henrie the seauenth he held the same for 24. yeares with different successe in different times for that the former parte of his raigne wanted not waues and sourges and some troublesome motions as in reason it could not so manie great tempests and fierce stormes hauing inquieted the sea before But the later parte of his raigne was more calme milde and sweet hee hauing partlie by his ofspring and linage and partlie by his marriage stopped that great breach and inundation of miseries that brake into our Realme by the diuision of the two howses of Lancaster and Yorke and partlie also by his prudent moderation and gouernment of the Crowne so calmed and quieted mens minds humours and passions as they tooke delight to liue in peace and in this state he left his Realme to his heire and successor King Henrie the eight 4. These foure Princes then succeeding ech one the other in the Crowne of England and holding the same between them for the space of 50. yeares togeather excepting one or two though one of them were not crowned but ought to haue byn which was King Edward the fifth another was crowned that should not haue byn to wit King Richard the third howsoeuer otherwise in regard of linage family faction pretention or succession they were opposite or different one from another in affection iudgement or action for temporall affaires yet in profession of religion were they all one all and euery one of them professing the same faith and holding the same forme of Christian Catholicke religion which all their auncestors had done both before and after the Conquest And this not only in other matters but in the very point also of our controuersie concerning the practice and acknowledgement of the soueraigne spirituall authority of the Church Sea Apostolicke of Rome which may breifly besides all other means be demonstrated by these reasons following 5. First for that none of them was euer noted for the contrary which they would haue byn eyther by freinds or aduersaryes if any such occasion had byn giuen by them especially in that great and bloudy contention between the two houses of Yorke and Lancaster wherin both partes did desire to haue the fauour and approbation of the Sea Apostolicke and good opinion of the Clergy at home And if any least signe or signification had byn giuen by any of these Princes of different iudgment or affection in this behalfe their aduersaryes would haue vrged the same presently to their preiudice and disgrace which we read not to haue byn done 6. Secondly the practice of the said authority and iurisdiction of the Sea Apostolicke vsed vnder these Kings as vnder all former except only the manner of execution in two or three particular cases before mentioned that were conioyned with temporalityes doth euidently conuince the same as namely that all English Bishops Archbishops and other Prelates being elected or nominated to any dignity had euer their Buls and confirmation from Rome and the Metropolitans their palls The Archbishops also of Canterbury that liued with these Kings Thomas Bewser Iohn Morton Henry Deane and VVilliam VVarham who was the last Catholicke Archbishop that held that Sea immediatly before Thomas Cranmer All these I say besides other points of testifying their obedience and subordination to the said Sea did according to the auncient stile of their Catholicke predecessours write themselues Legats of the Sea Apostolicke as may be seen in Fox and other Protestant-writers in relating their commissions in sitting vpon hereticks c. 7. Thirdly the said Iohn Fox doth sett downe in his storie of Acts and Monuments more wickcliffian Sectaries and Lollards to haue been condemned and burned vnder these Princes then commonly vnder anie other before which Sectaries as is knowne did principallie impugne the spirituall authoritie of the Sea of Rome which thinge it is likely the said Princes would not haue done or permitted if they had been euill affected themselues that waie And the said Fox in the end of King Henry the 7. his life doth set forth many painted and printed pageants of the Popes Greatnes in those daies more then euer before 8. And finally not to labour more in a matter so manifest and cleere of it self there was neuer more intercourse between England and Rome for spirituall affaires then vnder these Princes to witt for inductions and inuestitures to all spirituall iurisdiction as hath been said for dispensations indulgences interpretations in doubtfull matters priuiledges franquises Charters for confirmation of Churches Chappels Colledges or Monasteries that were buylded diuers Embassages also were sent to Rome and speciall Legats were sent to England vpon particular vrgent occasions And as these kings had allwaies their Orators ledgers in that Court so had the Popes of that time their ordinarie Nunciâ—s yea and Collectors also of their temporall commodities in England as wee may read in Polidor who among others commeÌ„deth highly the learned Cardinal Hadryan who had been the popes Collector vnder K. Henry the 7. as himself also was vnder K. Henry the 8. This then maie bee sufficieÌ„t for some generall notes and proofes of this truth for that to prosecute particulars in this Kind were ouer tedious Now then shall wee passe to peruse and answere briefly the instances which M. Attorney citeth out of the raignes of these Kings as little to his purpose as the former Instances out of the raigne of K. Edvvard the fourth the sixtenth King after the Conquest §. I. The Attorney 6. In the raigne of K. Edward the 4. the Pope graunted to the Prior of S. Iohns to haue Sanctuarie within his Priorie and this was pleaded and claimed by the Prior but it was resolued by the Iudges that the Pope had no power to graunt anie Sanctuarie within this Realme and therefore by iudgment of law the same was disallowed The Catholicke Deuine M. Attorney repeateth still the word Law to shew thereby that he
tribunals no one thing in all the libertyes and priuiledges of the Church and Church-men being more ordinary not vsuall nor generally receiued then this though M. Attorney presumeth to affirme heere that this Decree had neuer any force within England which seemeth to me so manifest an vntruth as I marueile he would affirme it so flattly For to let passe all that I haue said before in the second Chapter of this our confutation for the confirmation of the exemptions of Clerks their persons and goods out of the Decrees of auncient Christian Emperours that ratified the Church-Canons in that behalfe and the conformity therevnto of our Christian Kings before the Conquest handled in the 5. 6. Chapters of this booke besides this I say the assertion of M. Attorney may euidently be ouerthrowne by all the laws vse and custome since the said Conquest and namely and expressly by the laws of the Conquerour himself recited before by me in the 7. Chapter of this answere which were continued by all the said Conquerours posterity vntill the tyme of King Henry the 3. when written Statutes had first their beginning namely that of Magna Charta by which lawes and Statutes the said priuiledge and exemption was often and ordinarily ratified and confirmed 21. As for example in the third yeare of King Edward the first sonne to the said King Henry the Statute speaketh thus when a Clerke is taken for guylte of felony and is demaunded by the Ordinary he shall be deliuered to him according to the priuiledge of holy Church on such perill as belongeth to it after the custome aforetymes vsed c. Behold the contradictory words to M. Attorneys that said this decree had neuer any force nor was approued in England The instance also of Bigamyes alleadged before by M. Attorney and answered by vs in the 11. Chapter of this booke vnder the raigne of this King Edward the first doth euidently confirme that which we say and refuteth M. Attorney For that the Kings Counsell refusing there to deliuer certaine felons demaunded by the Prelates in respect only that they were Bigamyes or had byn twice marryed therby were excluded by the generall Councell of Lions from the priuiledge of Clergy-men this I say doth shew that before that Councell Bigamyes also had that priuiledge by the Latin words of the law wherin it is said Praelati tanquam Clericos exigâ—runt sibi liberandos These prelates or Bishops did exact or require those felons to be set free vnto them as Clerks doth manifestly declare that they demaunded it by the knowne law of the land generally receiued in those dayes 22. And conforme to this vnder King Edward the second sonne to the former Edward we find the law to speake in these words A Clerke flying to the Church for felony to obtaine the priuiledge of the Church if he affirme himself to be a Clerke shall not be compelled to abiure the Realme but yeelding himself to the law of the Realme shall enioy the priuiledges of the Church according to the laudable customes of the Realme heeretofore vsed So there where you see that this was no new thing in those dayes 23. And I might ad to this diuers other like Decrees of the succeeding Kings as namely of King Edward the third in the 18. and 25. yeares of his raigne and of King Henry the 4. in the 4. yeare of his raigne vnder whome it is written in the records of Canterbury Church that the Archbishop Arundel seeing this ancient priuiledge of the Clergy to haue byn somwhat weakned by former Kings he dealt with the said King Henry effectually and obtained saith the Register vt vetus Cleri praerogatiua per Regem renouaretur ne Clerici ad Regium tribunal raperentur That the auncient prerogatiue of Clergy-men might be renewed by the King that Clerks should not be drawne to the Kings tribunall And this was a point so notoriously knowne in England in those dayes as when vpon the yeare 1405. in the said King Henry the fourth his raigne the Archbishop of Yorke Richard Scroope togeather with some others of the nobility had risen in armes against him and the King in his choller would needs haue him condemned and executed as he was Gaston the cheife Iustice as Harpesfield noteth out of the said Bishops life and the addition of Poli-chronicon knowing that by the law he could not be condemned by a secular Iudge refused to sit vpon him and so he was condemned by Syr Raph Euers and Syr VVilliam Fulthrop knights authorized therevnto by the Kings armed commission wherof the Clergy greatly complaining Pope Innocentius the seauenth excommunicated the doers and denounced to K. Henry by the Archbishop of Canterbury that he would proceed in like manner against himself if he gaue not good satisfaction in that behalfe but he dying soone after and a great schisme thervpon ensuing in the Roman Church nothing was done 24. But much auncienter then this wee might alleadge diuers examples out of the raignes of King Henry the 3. and Edward the 3. wherof wee haue made mention also in parte before treating of their times as of one Peter Riâ—all who had been Treasurer to King Henry the 3. and being apprehended by the Kings commission and to bee sent to the Tower said to him thus as Matthew Paris writeth Domine Clericus sum nec debeo incarcerari vel sub Laicorum custodia deputari My leige I am a Clerke and therefore I ought not to bee imprisoned nor to bee kept vnder the custody of Laie-men The King answered Te vt laicum hactenûs gesâ—isti à te igitur vt à laico cui meum commisi thesaurum exigo Thou hast borne thy self hitherto as a laie-man and therefore as of a laie-man to whom I committed my treasure I exact an account of the same And for that he was found with armour vnder his Clergie attyre both for this because the Archbishop of Canterburie there present seemed not willing to answere for him he was sent to the Tower yet after two daies saith our author he was deliuered againe thence by the said Archbishop and carried to VVinchester and there left in the Cathedrall Church 25. And some fiue yeares after that againe one Raph Briton a Clerke and Chaâ—on of S. Pauls Church who likewise had been K. Henries Treasurer being accused to the said King of diuers crimes touching treason and by his commission to the Maior of London apprehended and sent to the Tower was by the instance of the Clergie vrging their said priuiledge dismissed Rex dictum Ranulsum saith Paris licet inuitus solui in pace dimitti praecepit the King though vnwilling commaunded the said Raph to bee let forth of prison and peaceably dismissed So as this exemption was no new thing at that time as M. Attorney would haue it seeme And of King Edward the third aboue a hundred yeares after that againe Thomas
the memorie of Queen Marâ—e without mentioning her at all so could I haue done also but that my purpose is to passe through the raignes of all our Princes without ouerpassing of anie And it maie serue also to our purpose to consider therby the broken and interrupted succession of this new headshipp in the Father sonne and daughters For as the Father by his Act had contradicted all his auncestors Kings of England before him from the beginning of their Conuersion vnto his daies so his sonne though succeeding him in the participation of that act yet contradicted him in all the rest that hee decreed touching matters of religion by vertue of that headshipp after him then came th' elder daughter who coÌ„tradicted them both and restored all to the auncient state againe wherin it had coÌ„tinued throughout the race of al her auncestors progenitors of England and Spaine for a thousand yeares and more So as heer M. Attorneys prescription can bee verie small for so much as his whole thrid therof was broken and cut of by Q. Marie and consequently he must begin againe with Q. Elizabeths raigne as the fountaine of all his deduction 32. And for so much as Queen Marie hauing as a deuout obedient and Catholicke Princesse returned al things belonging to religion to their auncient state and coÌ„dition wherin her Father found them and her Grand-father left them shee repealed and mortified all such Statutes of innouations and new deuises as shee found to haue been made vpoÌ„ anie occasion or fansie what soeuer during the time of her said Father and brother reducing her self in obsequium fidei to the humble obedience of that only faith which had been held and practised in Christs vniuersall Church and namely also in England from the beginning vnto her said Fathers daies punishing likewise diuers of the heads and authors of those new innouations and alterations that had been made and mamely and aboue others the chiefe author and instrument of all Thomas Cranmer Archbishop of Canterburie who entring Catholikly as was thought into that dignity was the first Archbishop that euer failed or dissented in his faith froÌ„ the rest or from the obedience and subordination to the Sea Apostolicke and so by gods iudgmeÌ„t came to bee a stange example of a miserable end to bee burned publikly for his heresies and for that in particular against which his noble and learned predecessours Lanfrancus Anselmus and other Archbishops of Canterburie had foughten most famously aboue other learned men when it first sprang vp in Berengarius the first author and inuentor therof in the daies of VVilliam the Conquerour I meane the deniall of the Reall presence in the blessed Sacrament which of all other heresies was most hatefull vnto him for whose sake Cranmer first of all declined to schisme and heresie I meane King Henry the eight yea and to himself also for a tyme after the others death as may appeare by the foresaid first Statute made cheifly by his authority in the first yeare of King Edwards raigne in fauour of the said Reall presence against the Sacramentaryes 33. All which being so euery man may behold what ground or certainty there was in those dayes or is now for men to leave the Catholicke knowne religion and cast the saluation of their soules vpon such alterations as these were For that after Queen Mary who had restored all to the auncient state as hath byn said came her younger sister Queen Elizabeth a Lady of some fiue and twenty yeares of age who by little and little altered all againe agreeing in all points neither with the one nor with the other neither with them that had made the former alterations but brought in a new and distinct forme and fashion of beleiuing worshipping God peculiar to it self in diuers points and differing from all in some Of which innouation by the said younger sister against the elder they being the only two Queens that euer haue raigned in their owne right within our land since the beginning of Christianity we shall now passe to speake a few words and so end this whole discourse of our English Princes and their religion Of the raigne of Queen Elizabeth who was the three and twentith Princesse after the Conquest and last of King Henryes race §. v. 34. This Lady being the daughter of King Henry and Queene Anne Bullen comming to raigne after the foresaid Queen Mary her sister was persuaded to resume and take to her self that supreme spirituall power and iurisdiction which Queen Mary her elder sister had refused and caused to be restored to the place and persons from whom it was taken by her Father and brother And I say she was persuaded therevnto for that it is the opinion of many men that knew her and conuersed with her both before and after her entrance to the Crowne that she had neither great desire to take it at the beginning nor opinion that she might doe it but only that she was told it was necessary to her present state at that time in regard of diuers Popes sentences past against her legitimation the lawfullnes of her Parents marriage and the pretense of the Queen of France and Scotland at that tyme vpon 〈◊〉 supposed desect to the Crowne of England as due to her â—â—ough the others illegitimation 35. For remedy of all which it was made a matter necessary that she should take the said authority Ecclesiasticall from the Pope and Sea of Rome and place it in her self especially when by negociation of some that desired the change it was brought about that the ParlameÌ„t should offer it vnto her vnder this plausiâ—â— Title of An Act for restoring to the Crowne the ancient iurisdictioÌ„ of the 〈◊〉 Ecclesiasticall and spirituall and the act it self so cunningly and â—â—â—ertly penned as before hath byn said as throughout the same â—â—re is not found so much as once mentioned or named The head of the Church which euery-where is iterated vrged in the Statutes that gaue the same power to her Father and brother but in steed therof commeth in the deuise before mentioned of Supreme Gouernesse with authority to visit reforme correct errors heresies câ—â—ses c. And al this for sweetning the matter as a man may say to this Lady at the beginning who besides the other reason of Caluins mislike reprehension therof before mentioned in King Henry the eight had little opinion or appetite of the matter in those dayes not being ignorant for that she was of excellent wit how strange a thing it would seeme in the world to haue one of her sex Supreme in sacred and Ecclesiasticall matters iâ— ijt â—ua sunt ad Deum to vse S. Pauls words in this case that is to say in those things that are to be handled with God for men or between God and man 36. But being tolde by some in good sadnes at that time and M. Attorney offereth to stand to it
now that this authority was no new thing or to vse his words not a Statute introductorie of a new but declaratorie of an old and that the same was conforme to the auncient laws of England acknowledged and practised by all her auncestors Kings of the same and that the difference of her sex as they had qualified the matter and couched their words did hinder nothing at all the acceptance of this authority shee was content to lett it passe admitt therof for the time though I haue beene most credibly informed by such as I cannot but beleiue therein considering also her forsaid sharpenes and pregnancie of witt that vpon diuers occasions especially for some yeares after the beginning of her raigne she would in a certaine manner of pleasantnes iest thereat herself saying Looke what a head of the Church they haue made mee 37. And to the end that no man may imagine that these things some other which heer I am to touch of the good dispositioÌ„ this deceased Princesse had of her self towards Catholicke religion at the beginning of her raigne and for diuers yeares after if she might haue been permitted to her owne inclination are fayned I doe affirme vpon my conscience in the sight of him that is author of all truth and seuere reuenger of all false-hood that nothing hereof is inuented or framed by mee but sincerely related vpon the vndoubted testimonies of such as reported the same out of their owne knowledge As for example that not longe before the death of Q. Marie a coÌ„mission being giuen to certaine of the priuie Counsell to goe and examine the said Ladie Elizabeth at her howse of Hat-field not far from London when other matters had been debated shee taking occasion to talke with one of them a part in a window said vnto him with great vehemencie of spirit and affliction of mynd as it seemed laying her hand vpon his Oh Syr and is it not possible that the Queen my sister will once bee persuaded that I am a good Catholicke Yes Madame quoth the Counsellor if your Grace bee so indeed God will moue her Maiestie to beleiue it Wherevpon the said Ladie both sware and protested vnto him that she did as sincerely beleiue the Roman Catholicke religion as anie Princesse could doe in the world in proofe thereof alleadged the order of her familie which was to heare masse euery daie and the most of them two one for the dead and the other for the liuing And this hath the said Counsellour oftentimes related vnto mee and others hee being a man of great grauity truth and sinceritie in his speeches 38. And coÌ„forme to this I haue seen a letter written in Spanish from the said howse of Hat-field vnto K. Philip then in Flaunders by the Count of Ferâ—â— afterward Duke and then Embassadour for the said King in England which letter was written vpon the 16. daie of Nouember in the yeare 1558. when Queen Marie being now extreme sicke and annealed out of all hope of life he went to visit the said Princesse Elizabeth from his Maister and relateth all the conference and speach he had with her and her answers to diuers points concerning her future gouernment with his opinion of the same both in matters of 〈◊〉 and religion concerning the latter wherof though hee discouered in her a great feeling and discontentment of certaine proceedings against her in her sisters time and therevpon did foreâ—â—some troubles like to ensue to some of them that had been in â—â—fe gouernment and namely to Cardinall Poole if he had liued 〈◊〉 wrtieth he that for the Principall points of Catholicke faith â—â—en in controuersie he was persuaded she would make no great â—â—teration and in particular he affirmeth that she protested vnto vnto him very sincerely that she beleiued the reall presence in the Sacrament after the words of consecration pronounced by the Priest 39. Which relation of this noble man is much consirmed by that which was written to the said Queene herself some six or seauen yeares after by Doctor Harding in his dedicatory epistle before the confutation of the English Apologie of the Church of England vpon the yeare 1565. wherin he commendeth her liking of her more sober preachers both allwayes heertofore saith he and specially on Good-friday last openly by words of thanks declared when one of a more temperate nature then the rest in his sermon before your maiesty confessed the Reall Presence So he And that this opinion and affection staied and perseuered with her euen vnto her old age by her owne confession I haue for witnes another Worshipfull knight yet aliue who vpon the truth of his conscience hath often protested vnto me that hauing occasion to walke talke with her and to discourse somewhat largely of forraine matters for that he was newly come froÌ„ beyond the seas in her garden at VVhitehall not aboue fiue or six yeres before her death relating vnto her among other things the iudgment and speaches of other Princes concerning her excellent partes of learning wisedome bewty affability variety of languages and the like but especially the speaches of certaine great Ladies to this effect vpon viewing of her picture the said knight seeing her to take much contentment therein and to demaund still greedily what more was said of her he thought good asking first pardon to ad the exception that was made by the said Ladies to wit how great pitty it was that so rare a Princesse should be stained with heresie wherat her Grace being much moued as it seemeth answered And doe they hold me for an heretick God knoweth what I am if they would let me alone and so auouched vnto him in particular that she beleiued the Reall presence in the Sacrament with other like protestations to that effect 40. And sundry yeares before this againe there being sent into England from France one Monsieur Lansacke of the French King Counsell that was Steward in like manner of the Queen-mothers houshould as before hath byn meÌ„tioned he was wont to recount testifie after his returne with great asseueration that hauing had confident speach with the Queen of England about matters of religion she told him plainely that which before we touched about her spirituall Supremacy to wit that she knew well inough that it belonged not to her but to S. Peter and his Successours but that the people and Parlament had layed it vpon her and would needs haue her to take and beare it Adding moreouer her Catholicke opinion about other points in controuersie also and namely about Praying to Saints affirming that euery day she prayed herself to our Blessed Lady And so far forth had she persuaded this to be true to this French Counsellour as he did not only beleiue it and reporte it againe with great confidence but was wont to be angry also with such as should seeme to make doubt of the truth therof among whome for
one was a worshipfull gentleman of our owne Countrey yet liuing that resided then in that Court and had often conference with the said Monsieur Lansacke about the matter 41. And by all this we may see that the said Queen was drawne to many things against her owne inclination much resistance she made at the beginning for diuers dayes to admit any change of religion and therevpon presently euen before her Coronation she caused proclamation to be made that none should preach saith Stow but such as should be appointed that no rites or ceremonies vsed in the Church should be altered but as it was in her owne Chappell and this to preuent such innouators as she knew would presently be doing if they were not preuented against whom she would often speake bitterly and contemptuously in secret with certaine noble men whom she knew to be Catholicke complayning of their importunity and signifying her owne good affection toward Catholicke people and that she was vrged on by those other far beyond her owne inclination which she declared in like manner by keeping the Crosse and crucifix of Christ in her Chappell for diuers yeares against the bitter exclamations of the said turbulent people wherof the forenamed Doctor Harding giueth testimony also in his said epistle dedicated to herself saying Your constant bearing and vpholding of the banner and ensigne of our redemption the image I meane of Christ crucified against the enemyes of his Crosse your Princely word commaunding a Treacher that opened his lewd mouth againsâ— the Renerend vse of the said Crosse in your priuate Chappell to retire from that vngodly digresâ—â—â— vnto his text of holy scripture c. doth well shew your good inclination So he 42. And all this I haue thought good omitting many other things to this effect to mention in this place for some parte of excuse if it may be of the many and greiuous afflictions laid vpon her Catholicke subiects afterward by her authority for profession of the said faith and religion which herself at the beginning seemed not to mislike And surely her example may be a dreadfull president how far and daungerously Princes may be led by arte and importunity of others if they be not wachfull to resiste them at the beginning For that this Princesse notwithstanding her milde gentle disposition which you haue heard was drawne on by little and little to make more greiuous Statutes Decrees and Ordinances against that parte of her subiects which might haue byn held vnited vnto her then euer perhaps did Prince before her either Pagan or Christian against any sorte of malefactors whatsoeuer 43. And of this let the multiplicity of statutes extant against them be witnes the death of so many Priests and others of that religion yea of her deerest and neerest in bloud that then was liuing togeather with the imprisonments vexations and tribulations of innumerable good subiects for that cause which brought her finally after many troubles and terrours distrusts and iealousies to that melancholike afflicted state of mind wherin she died All which had byn auoided if to vse her owne phrase they would haue let her alone and left her to her owne disposition and mylde inclination but now the accoumpt must remaine vnto herself 44. And so to conclude for so much as these Statutes which M. Attorney doth mention heer to haue byn made by her against Catholickes and principally against the spirituall iurisdiction of the Sea of Rome and braunches therof did not so much proceed of her owne proper inclination and disposition if we beleife the former testimonies as of other mens instigation or if they did they were made in defence of her owne Ecclesiasticall Supremacy newly taken or laid vpon her it shall to be needfull for me to answere them so particularly as I haue done the rest before cited sauing only to certaine erroneous assertions and iniurions asseuerations added by M. Attorney himself in his enumeration and declaration therof which we shall performe in the next ensuing Chapter and conclusion of this whole worke CERTAINE EXPOSTVLATIONS VVITH M. ATTORNEY ABOVT EVIL PROCEEDING And iniuryes offered to sundry sortes of men in this his Booke of Reportes especially tovvards the end therof Togeather with the Conclusion of the whole worke CHAP. XVI ALbeit in the beginning and first entrance of this my answere I promised and so I presume hath been perfourmed to hold a milde and respectiue course of temperate writing throughout the same yet drawing now towards an end and finding M. Attorney to imitate the motion of naturall bodies who the neerer they come to their Center the more vehemently they mooue that is to saie to bee so much the more bitter eager and iniurious to Catholicks as he draweth neerer to the vpshot of his Worke and designed Center of their dammage hurte and preiudice I am forced in this place somewhat also to sharpen my pen for repelling so manie manifest vndeserued iniuries which craftely he goeth about in his last coÌ„clusion to couch vpon them but yet retaining still our former measure of moderation friendly dealing so far as the nature circumstance of the busines may beare permit intituling this Chapter rather of Expostulations then accusations on our behalfe which for that they concerne diuers sortes of men wee shall handle distinctly vnder the seuerall ensuing Paragraphes THE FIRST EXPOSTVLATION In the behalfe of Recusant Catholicks of England greiuously iniured by the Attorney §. I. 2. To the end you may better iudge of the equity of this our first expostulation I thinke it best to set downe the iniquitie of the Attorneys false charge in his owne words which are these in the 34. and 35. leaues of this his 5. parte of Reportes wholy directed to their hurte and preiudice From the first vntill the eleuenth yeare saith he of the late Queen Elizabeths raigne no person of what persuasion of Christian religion soeuer at anie time refused to come to the publike diuine seruice celebrated in the Church of England being euidently grounded vpon the sacred and infallible VVord of almightie God and established by publicke authoritie within this Realme But after the Bul of Pius Quintus was published against her Maiesty in the said 11. yeare of her raigne c. all they that depended on the Pope obaied the Bull disobaied their gratious and natural Soueraigne and vpon this occasion refused to come to the Church c. 3. Heer you see two things boldly affirmed First that in 11. yeares after Queen Elizabeths comming to her Crowne no person of what persuasion soeuer in Christian religion did at anie time refuse to goe to Church vntill the Bul of Pius Quintus came forth against her The secoÌ„d that vpon this occasion Catholicks not holding the Queen for their lawfull Princesse for so afterward he often expoundeth himself refused to come to Church Both which points if wee can shew to bee most manifestly false and the second
also calumnious what shall wee saie of M. Attorney in this behalfe that presumeth so confidentlie to put such open vntruths in print 4. First then for the former point not onlie many Catholicks in the first eleuen yeares by him prescribed did refuse publikely to come to the Protestants Church but many Puritans also from the verie first entrance of Queen Elizabeth to her Crowne and so is it testified by publike authoritie of diuers books set forth by order and approbation of the Bishops of England themselues these years past against the said Puritans recounting the beginning ofspring and progresse of that Sect and faction one of them wriâ—â—ng thus Vpon the returne of Goodman VVhittingham Gylby with â—he rest of their associates from Geneua to England although it greiued them at the heart that they might not beare as great a â—way heer in their seuerall Consistories as Caluyn did it Geneua c. yet medled not they much in shew with matters of this discipline but rather busied themselues about the apparrell of ministers ceremonies prescribed and in picking of quarrells against the Communion booke c. Thus writeth hee of the first Geneâ—ian English preachers that returned from thence to England after the Queens raigne and that for these quarrels against the Common and Communion-booke they refused to come to the Protestants Church in those daies as much as Catholikes it is euident But yet you shall heare it affirmed plainly and distinctly out of the same Author quite opposite to M. Attorneys asseveration though hee bee of his religion if yet he haue made his choise 5. For the first ten or eleuen yeares of her Maiestyes raigne saith hee through the peeuish frowardnes the outcries exclamations of those that came home from Geneua against the garments prescribed to ministers and other such like matters no man of anie experience is ignorant what great contentioâ— and strife was raised in so much as their Sectaries deuided themselues from their ordinarie coÌ„gregations meeting togeather in priuate howses in woods and fields had and kept there their disorderly and vnlawfull Conuenticles which assemblees notwithstanding the absurdnes of them in a Church reformed M. Cart-wright within a while after tooke vpon him in a sorte to defend c. So hee And thus much for Puritanes whome if M. Attorney will graunt to bee of anie perswasion what soeuer in Christian religion he then must needs graunt also that hee was much oâ—ershott in this his first so generall a Proposition affirming that none of what persuasion soeuer did at anie time refuse within that compasse to goe to Church But lett vs see how wee can ouerthrow the same in like manner concerning Catholickes of whom principally hee meant it 6. Hee that shall but cast backe the eye of his memorie vpon the beginning of Queen Elizabeths raigne and shall consider how many Archbishops Bishops Deans Archdeacons Heads of Colledges Chanons Priests Schollers Religious persons of diuers sortes and sexes Gentle-men Gentle-weomen and others did refufe openly to conforme themselues to that new change of Religion then made and published by authority of the said Queen at the beginning of her raigne will maruaile how and in what sense and whether in iest or earnest sleeping or waking M. Attorney set downe in writing so generall a negatiue assertion For that he shall see so many conuictions therof as there be particular witnesses of credit against him in that behalfe And truly it seemeth that either he was an infant or vnborne at that time and hath vnderstood little of those affaires since or els forgot himself much now in affirming so resolutely a proposition refutable by so infinite testimonyes 7. For if he looke but vpon Doctor Sanders Monarchy in latin in his 7. booke where he handleth the matters that fell out vpon the first change of religion in Queen Elizabeths dayes he shall find 14. Bishops at least of England only besides ten more of Ireland and Scotland togeather with Doctor Fecknam Abbot of VVestminster Father Maurice Chasey and VVilson Priors of the Carthusians 13. Deans of Cathedrall churches 14. Archdeacons 15. heads of Colledges almost 50. Chanons of Cathedrall churches aboue eightscore other Priests wherof diuers were Doctors or Bachlers of diuinity Ciuill and Canon-law depriued from their liuings and offering themselues either to voluntary banishment abroad or to imprisonment and disgrace at home for maintenance of Catholicke religion to omit all the rest of the lay sort both of the Nobility Gentry and others that stood openly to the defence of the same Religion All which did refuse to goe to the Protestant-seruice euen in those first dayes which is testimony inough to conuince the open and notorious falsity of M. Attorneys assertion that no person of what persuasion soeuer in Christian religion did at any time refuse to goe to Church though I deny not but that many other besides these throughout the Realme though otherwise Catholickes in heart as most then were did at that tyme and after as also now either vpon feare or lacke of better instruction or both repaire to Protestant-Churches the case being then not so fully discussed by learned men as after it was whether a man with good conscience may goe to the Church and seruice of a different Religion from his owne which releiueth little M. Attorneys affirmation And so this shall suffice for the first point 8. In the second point being no lesse notoriously vntrue then the first he offereth the said Catholickes much more iniury in affirming that vpon this occasion of the Bul of Pius quintus against Q. Elizabeth they first refused to goe to the Church as not holding her for true and lawfull Queene insinuating therby another consequence also much more false and malicious then this to wit that the same may be said and vnderstood of Recusant Catholickes at this day in respect of his Maiesty that now is But the vntruth of this assertion is most manifest both by that we haue shewed before that great multitudes of Catholickes refused euen from the beginning to goe to Protestant-Churches though then the matter was not much vrged against them as also by this other reason for that their holding the Queene for true or vnlawfull was and is impertinent to the matter of going to Church Nay their holding her for not Queen if any so did did rather disoblige then oblige them to this recusancy 9. The reason heerof is for that one principall cause binding them in conscience not to goe to the seruice of a different or opposite religion to their owne was the precept and commaundement giuen by the said Queene that all should repaire to the said seruice to shew their conformity c. For that the obeying of this precept in matters of religioÌ„ they offering themselues otherwise to goe to any Church for temporall matters was a kind of publike denying their owne faith As for example if in Persia at this day or other
Pope Clement the 7. and how the same began cap. 15. num 4.5.6 7. Bulles from Rome not admitted in England except they came certified from some Prelate at home and why cap. 12. num 28. cap. 13. num 27. C. Calixtus the Pope his meeting vvith Henry the first in Normandy cap. 8. n. 14. Campian his fellow-martyrs protestations at their death cap. 16. num 12. Canon-lawes how they vvere receyued in England cap. 14. num 17. Canutus K. of England his confirmation of Peter-pence to Rome cap. 6. n. 72. Catholicke Religion the birth-right of Englishmen cap. 1. num 26. Catholickes falsely charged by M. Attorney cap. 16. num 2.3 deinceps Catholicke-Recusants from the beginning of Q. Elizabeths raigne cap. 16. num 7. Catholickes falsely accused of inconstancy cap. 16. num 18. Caudrey the Clerke his case cap. 3. per totum Causes of K. Henry the 8. his falling out and breach vvith the Sea Apostolicke cap 15. num 1.2 3. Ceadwalla K. of the VVestsaxons his pilgrimage to Rome cap. 6. num 83. His baptisme there and death ibid. Celestine Pope his letters to the Realme of England in absence of K. Richard the first cap. 9. num 33. Charters for Church-priuiledges before the Conquest and after cap. 5. num 2. 3. 4. deinceps cap. 8. num 23. The beginning of the Great-charter vnder K. Henry the third cap. 10. num 6. Church-libertyes confirmed by K. Richard the second cap. 12. num 43. S. Chrysostomes iudgement of spirituall power cap. 2. num 21.22.23 24. Ciuill warres in England vnder King Henry the third cap. 10. num 12. Clergy-men subiect to the Ciuill Magistrate in temporal affaires cap. 2. num 33. 34. But not in spirituall ibid. num 35. Clergie-mens persons exempted from secular povver cap. 2. num 26. 37. Clerkes euer exempted from temporall Iudges cap. 15. num 20. Collations of benefices by lay-men cap. 7. num 26. 29. Comparison betweene Catholick sand Sectaryes cap. 1. num 13. 14. Commodityes or discommodityes of municipall lavves cap. 1. num 20. Comon-lawes birthright cap. 1. num 22. 23. Complaintes against strangers beneficed in England cap. 10. num 21.22 23. deinceps Remedyes sought to the Pope therfore ibid. num 23. Controuersy-wryters condemned by M. Attorney and vvhy cap. 1. num 26.27 28. 29. Controuersy-writers against their conscience cap. 1. nu 32. and vvho they be ibid. num 35. Constantius the Emperour reprehended by Bishops cap. 4. num 6.7 8. Confirmation of Church libertyes in England by diuers Kinges before and after the Conquest cap. 5. num 7. deinceps Cap. 8. n. 23. Conquest of VVales by K. Edward the first cap. 11. num 9. Conuersion of diuers Kingdomes in England one after the other cap. 6. num 15. Condemnation of Protestantes doctrine by K. Henry the eight cap. 15. n. 15. 16. Conscience the cause that Catholicks follow not M. Attorneys current cap. 16. num 19. 20. Constantius the Emperour his iudgement touching such as dissembled in Religion cap. 16. num 20. Councell of Constance in Germany cap. 13. num 6. English Prelates sent thither ibid. Courtes spirituall and temporall and their difference ca 4. nu 11. deinceps Courtes spirituall superiour to temporall ca. 10. num 30. Cranmer the first hereticall Archbishop of Canterbury ca. 15. nu 32. Burnt at Oxford for his heresies ibid. Crosses erected by K. Edward the first ca. 11. num 6. Crowne of EnglaÌ„d not subiect to any in temporalityes ca. 12. nu 48. D. Decrees and Ordinances of Pope Formosus for the Church of England ca. 6. num 59. Decree against Bigamy ca. 11. nu 31. Decree of Pope Gregory the ninth about proceeding against hereticks ca. 13. num 14. Decrees of K. Henry the eyght his breach with the Sea Apostolicke ca. 15. num 11. 12. Despaire causeth forgetfulnes of all reason and duty and vvhy ca. 16. n. â—2 Demonstrations before the Conquest against secular Princes Ecclesiasticall Iurisdiction in England cap. 6. per totum Deposition of Stigand Archbishop of Canterbury ca. 7. num 9. Difference of Courtes and vvhat it proueth ca. 4. num 11. Difference of lawes and law-makers before the Conquest ca. 6. num â— Difference of Courtes shew differeÌ„ce of origen and authority ca. 11. nu 50. Directions of ancient Fathers hovv to find out Truth ca. 1. nu 17. 18. Dispensations of most importance procured alvvayes from Rome cap. 6. num â—4 35. Dissention betvveene Protestants and Puritans and vvhy Prefac n. 18. 19. Dissimulation in Religiou hovv daungerous cap. 16. num 20. Doubts raised in England concerning bygamy cap. 11. num 32. E. Ecclesiasticall lavves made to be the Kinges lavves by M. Attorney cap. 4. nu 13. 14. Ecclesiasticall vveighty matters allvvayes referred to Rome by our English Kinges cap. 6. num 19. Edgar K. of England his speach for the reformation of the Clergy cap. 6. num 87. 88. His piety and deuotion tovvards the Sea of Rome ibid. S. Edmund Archbishop of Canterbury threatneth K. Henry the third if he obayed not cap. 10. num 37. K Edward the Confessor his confirmation of Peter-pence to Rome cap. 6. num 73. K. Edward the first surnamed Long-shanke cap. 11. num 3. His deuotion ibid. num 4. His vvorkes of piety ibid. His Conquest of VVales ibid. num 9. His mutability in keeping Church-priuiledges ibid. num 11. His violent proceeding against the Clergy ibid. num 12. 13. His euer obedience to the Sea of Rome in meere spirituall things ibid. num 14. 17. His deuotion tovvards the first Pope in Auinion in France ibid. num 16. His accusation of the Archbishop of Canterbury to the Pope ibid. num 16. His lawes in preiudice of the Clergy ibid. num 21. K. Edward the second his euill successe of marriage in France cap. 11. n. 41. K. Edward the third his restraints against the Clergy of England cap. 12. num 1. 2. His punishment for the violence vsed towards the Church cap. 12. nu 2.3.39 40. Motiues that induced him therto ibid. num 3. His great embassage to the Pope ib. num 7. His protestation for obedience to the Sea of Rome for himselfe and his cap. 12. num 8. His disordinate life ibid. num 41. K. Edward the fourth his raigne ouer England cap. 14. num 1.2.3 deinceps K. Edward the sixth his raigne cap. 15. num 26. His Supremacy of the Church of England declared by the Protector his vncle ibid. S. Egwyn Bishop of VVorcester his monastery of Euesham cap. 6. num 42. His voyage to Rome ibid. nu 79. Elections of Bishops 4. kinds cap. 7. num 32. Eminency of spirituall power aboue temporall cap. 2. num 19. England made tributary to Rome cap 6. num 67. cap. 9. num 62.63 64. Entrance into England denyed to the Popes Legates and vvhy cap. 14. n. 13. 15. Error vvhat it is
and how it extendeth it selfe cap. 1. per totum Error how it differeth from Ignorance cap. 1. num 8. 9. Euesham-Abbey in VVorcester-shire builded by S. Egwyn cap. 6. num 42. The same priuiledged from Rome ibidem Eustachius K. Stephens sonne his violence vsed against Clergy-men of Yorke cap. 8. num 35. Excommunications practised by the Apostles cap. 2. num 15. Exemption of Clergy-men from secular power ex iure diuino cap. 2. num 37. Item by Imperiall lawes ibid. n. 38 By particular Kinges and Princes ib. num 39. Exemptions graunted by diuers Popes to pious vvorkes in England before the Conquest cap. 5. num 10. Expostulations vvith M. Attorney about iniuryes offered to many in his booke of Reportes cap. 16. per totum Exulteration of M. Attorneys booke of Reportes cap. 16. num 33. F. Father Campian and his fellovv-martyrs iniured by M. Attorney cap. 16. n. 11. Their protestations at their death ib. num 12. Founders of pious vvorkes had authority ordinarily to giue Charters for priuiledges and exemptions therof cap. 8. num 23. Foundation of Abbeys and Monasteryes in England before the Conquest cap. 6. à num 37. vsque ad 49. Franquises and priuiledges of Churches and monasteryes procured from the Pope cap. 6. num 37.38.39 deinceps Freedome of speach in the ancient Fathers to Emperours cap. 4. num 4. 5. 6. G. Geffrey K. Richard the first his brother made Archbishop of Yorke cap. 9. num 35. His deposition from his bishopricke ibid. num 45. Againe restored ibid. num 46. Glastenbury-Abbey priuiledged from Rome at the petition of K. Edgar cap. 6. num 45. God the author of all lavvfull povver cap. 1. num 1. 2. Gods miraculous actions in the old testament ascribed to Christ cap. 4. num 30. Gouernment of vvomen in spiritualityes and absurdity therof cap. 4. n. 19. 20.21 22. Great-Charter for Church-priuiledges began by K. Henry the third cap. 10. num 6. S. Gregoryes commission to S. Augustine of Canterbury cap. 6. nu 12. 13. S. Gregory Nazianzens discourse about the nature of spirituall and temporall Iurisdiction cap. 2. num 4. Groundes of spirituall authority Prefac num 6. Groundes of Protestants assertions Prefac num 7. Of Puritans ibid. num 8. Of Catholickes ibid. num 9. Groundes in sectes new-opinions vvhat they are or can be cap. 16. n. 25. Gualter Archbishop of Roane Gouernour of England cap. 9. n. 4. 42. His disgust and appeale against King Richard the first ibid. num 47. Guide to saluation Pref. num 5. H. Head-ship of spirituall matters not possibly in a woman cap. 4. num 26. The absurdityes that would follow therof ibid num 27. K. Henry the first his raigne ouer England cap. 8. num 8. His good beginning ibid. num 9. His resignation of inuestitures ibid. num 14. His conference vvith Pope Calixtus in Normandy ibid num 14. His acknowledgment of the Popes supremacy ibid. num 21. K. Henry the second his raigne out England cap. 9. à num 1. vsque ad n. 22. His temporall greatnesse ibid. num 2. His lamentable end ibid. num 6. Laws attempted by him against the Church ibid. num 7. Made legate of the Pope in England ibid num 9. His humility to the Sea Apostolicke cap. 9. num 10. His appeale to the Pope about S. Thomas of Canterburâ— death ibid num 11. His purgation and absolution by the Popes Legat. ibid. n. 12. 13. His letter to the Pope in great affliction ibid. n. 14. â—â— The straytes vvherunto he vvas driuen ibid. num 19. His pennance at the body of S. Thomas of Canterbury cap. 9. num 19. K. Henry the third his temporall homage done to the Sea Apostolicke cap. 10. num 3. His beginning of the Great Charter for Church priuiledges ibid. num 6. His conference vvith K. Lewes of France ibid. num 9. His obedience and subiection to the Popes cap. 10 n 19. His letter to Pope Innocentius ibid. num 21. His statutes in fauour of the Clergy ibid. num 27. His obedience to the Bishopp of London in spirituall matters ibid. num 34 35 Also to the Deane of Paules ibid. num 38. K. Henry the 4. his raigne cap. 13. n. 1. 2. 3. deinceps His condemnation and execution of the Archbishop of Yorke c. 15. n. 23. K. Henry the seauenth his raigne ouer England cap. 14 n. 15. 16. deinceps His statute for reformation of the Clergy ibid. His deuotion and obedience to the Sea of Rome vntill his death ibid. n. 21. K. Henry the 8. his good beginning cap. 15. n. 1. 2. His booke against Luther ibid. num 3.4 5. His arguments therin for the Popes supremacy ibid num 5. 6. dein His inuectiue against Luthers inconstancy ibid. num 7. His good offices to the Pope continued for many yeares ibid. n. 9. The beginning of his breach vvith the Pope ibid. n. 10. 11. His taking vpon him the Supremacy ibid num 13.14 15. His condemnation of Protestants religion ibid. n. 15. Heretickes their pretence of singularity of knowledge cap. 1. n. 5. 6. 7. Heresy how great and grieuous a synne cap. 16. n. 26. Hubert Earle of Kent Chiefe Iusticer of England cap. 10. num 34. His disgrace vvith the Kinge ibid. His taking of Sanctuary ibid. Hunting hawking disliked in English Bishopps and Prelates c. 9. n. 45. I. Ignorance vvhat it is cap. 1. num 10. Ignorance how it differeth from error ibid. n. 10. 11. Ignorance negatiue and priuitiue ibid. num 10. 11. Ignorance voluntary and inuoluntary ibid. num 11. 12. Inas King of the VVestsaxons his letters in fauour of the Pope cap. 6. n. 69. His Pilgrimage to Rome for deuotion cap. 6. n. 82. Inconueniences by strangers promoted to Ecclesiasticall dignityes in England cap. 11. num 36. Remedyes therof sought from the Pope ibid. n. 38. Iniuryes offered to diuers sorts of men by M. Attorney his booke cap. 16. per totum Insolency of some priuate men and perills that often arise therby cap. 16. num 31. Inuasion of Abbey-landes or goods forbidden vnder payne of damnation cap. 5. num 11. 12. Inuectiue of K. Henry the 8. against Luthers inconstancy cap. 15. num 7. Inuestitures to Benefices desyred by Princes denyed by Popes cap. 7. n. 34. The beginning therof by secular Princes cap. 8. num 16. Inuestitures resigned by K. Henry the first cap. 8. num 14. Inuestitures graunted only by permission of the Sea Apostolicke cap. 8. num 17. K. Iohn of England his variable state in gouernment cap. 9. n. 48. deinceps His obedience to the Sea of Rome ibid. num 50. 51. His piety in the beginning of his raigne ibid num 53. His humility liberality ibid n. 54. His breach with the Church of Rome and occasion therof cap. 9. n. â—7 His indignation against Clergy meÌ„ ibid. num 58,59 60. His offer of subiectioÌ„ to the Mores ibid. num 62.
His reconciliation vvith the Sea of Rome ibid. num 62. 63. His death ibidem n. 66. Iurisdiction spirituall and temporall and the dependance or independance the one of the other cap. 2. n. 6. 7. Iurisdiction-spirituall internall and externall cap. 2. n. 16. Ins how farre the vvord extendeth cap. 1. num 3. K. Key of knowledg cap. 6. num 32. Kinges capable of Ecclesiasticall iurisdiction by commission cap. 12. n. 29. King how he is Persona mixta c. 14. num 1â— King Edward the CoÌ„fessor his Charters and priuiledges for Church-libertyes cap. 5. n. 15. deinceps Item his subiection to the Pope ibid. num 16. 17. 18. King Edward the first excommunicated by Pope Formosus cap. 6. n. 57. King Edvvyn of Northumberland demaunded Bishops from Rome c. 6. nu 22. Priuiledges graunted vnto him by Pope Honorius ibidem King Edgar his reformation of the Clergy of England by authority from Rome cap. 6. num 27. King Ceadwalla of the VVestsaxons his going to Rome and death there cap. 6. num 40. King Ethelbert of kent his Charter for Church priuiledges cap. 5. num 11. His dependance of the Sea of Rome cap. 6. num 20. King Inas his lavves in fauour of the Pope cap 6. num 69. His Peter-pence paid to Rome ibid. num 68. King Kenulphus his Charter for Church priuiledges cap. 5 num 3. 4. His letter and humble petition to Pope Leo. cap. 6. num 30. 32. King Offa of Mercia his atteÌ„pt against Iurisdiction of the Sea of Canterbury cap. 6. num 29. King Offa the younger of Mercia his Confirmation of Peter-pence to Rome cap. 6. n. 70. King Osway of Northumberland his embassage to Pope Vitalianus for an Archbishop into England cap. 6. n. 24. King of Spaine his Ecclesiasticall Iurisdiction in Sicily cap. 15. num 20. Knightes of the Temple suppressed in England cap. 11. nu 43. L. Lanfranke chosen Archbishop of Canterbury cap. 7. n. 4. His letter to Pope Alexander the second ibidem Lawes Ecclesiasticall not made but receaued by secular Princes cap. 1. n. 4. Lawes-birthright cap. 1. num 18. 19. Lawes municipall and their antiquity cap. 1. n. 19. Their commodityes discommoâ—â—â—â—â—â— ibid. num 20. Lawes-canon and how they vvere first receyued in England cap. 4. n. 17. Law-Ciuill and vvhat it is c. 4. n. 24. Law of Nature cap. 4. num 25. Law Euangelicall cap. 4. num 29. Lawes municipall of England cap. 4. num 39. Lawes made before the Conquest by secular princes concerning Ecclesiasticall iurisdiction cap. 6. n. 3. 4.5.6.7 deinceps Lawes Ecclesiastical not made by Princes but by Prelates in England c. 6. n. 9. Lawes attempted by K. Henry the second against the Church of England cap. 9. n. 7. Lawes of K. Edward the first in preiudice of the Clergy of England cap. 11. num 21. Law of Premunire and beginning therof cap. 12. n. 11. 12 Lawes Ecclesiasticall subiect to euery mans particular caluÌ„niation c. 15. n. 19. Legates of the Pope forbidden entrance into England and vvhy cap. 14. num 13. 15. Leopold Duke of Austria his imprisoning of K. Richard the first cap. 9. num 39. Lollards heretickes in England cap. 13. n. 7. Lawes for their apprehension and execution ibid. num 7. 23. Their name and origen ibidem Luther impugned by K. Henry the 8. Cap. 15. num 4. 5. 6. deinceps His inconstancy inueighed at by the same King ibid. num 7. M. Missions into England by authority of the Pope cap. 6. num 33. Monasteryes and Abbeys founded in England before the Conquest cap. 6. à num 37. vsque ad 49. Monasteryes and Churches priuiledges procured from Rome cap. 6. n. 37. 38. 39. Monastery of S. Bertulphes the priuiledges therof cap. 6. num 39. Motiues that indured K. Edw. the 3. to proceed so violently against the Church of England cap. 12. num 3. Mounsieur Lansackes coÌ„ference vvith Queene Elizabeth cap. 15. num 41. N. Name of Lollards from whence it is deriued cap. 13. num 23 24. M. Attorneys ridiculous Etimology therof ibid. num 22. Nature and conditions of spirituall and temporall iurisdiction expressed by S. Gregory Nazianzen cap. 2. num 4. Nicolas Morris Abbot of VValtham punished by K. Edw. the third vvhy cap. 12. num 29. 32. Nouelty of Q. Elizabeths supremacy misliked by Puritans and Protestants cap. 4. num 41.42.43 deinceps O Oath of Supremacy exacted first of all by Queen Elizabeth cap. 4. num 52. 53. Oath of K. Stephen for the maintenance of the libertyes of holy Church of England cap. 8. n. 27. Obedience of Clergy-men due to the Ciuill Magistrate and how cap. 2. num 33. 34 Obedience of K. Edward the Confessor to the Popes of Rome in his tyme. cap. 5. num 16.17 18. Occasion of the breach of K. Iohn with the Sea Apostolicke cap. 9. num â—7 Occasions of K. Henry the 8. his breach from the pope cap. 15. numero 10. 11. Offa King of the Mercians his confirmation of Peter-pence to the Sea of Rome cap. 6. num 70. Ordinances and decrees of Pope Formosus for the Church of EnglaÌ„d cap. 6. num 59. Origens of spirituall and temporall iurisdiction different cap. 15. num 29. Osius his resolute speach to Constantiâ—s the Emperour cap. 4. num 7. P. Palles of the Archbishops of England accustomed to be taken at Rome cap. 7. n. 11. S. Paules esteeme of spirituall Power giuen vnto him other the Apostles and their successors cap. 2. n. 13. 14. His eager reprehension of vvomans superiority in the Church cap. 4. n. 32. Peace of the Church what it is cap. 7. num 16. Pascalis the pope his letter to King Henry the first cap. 8. num 10. Pennance of K. Henry the 2. at the body of S. Thomas of Canterbury cap. 9. num 19. Peter-pence paid to Rome and the beginning therof cap. 6. n. 67.68 69. The same coÌ„firmed by K Offa. ibidem num 70. Also by K. Adelnulph ibid. num 71. In like manner by K. Canutus the Dane ibid. num 72. By K. Edward the Confessor ibidem num 73. Item by K. VVilliam the Conquerour ibid. num 74. And by other kinges vntill K. Henry the 8. ibid. num 75. Perills that often rise by the insolency of priuate men cap. 16. num 3â— Pilgrimage to Rome for deuotion by diuers of our English kinges cap. 6. num 76.77 deinceps Plurality of benefices and vvho can dispense therwith cap. 14. num 20. Pointes commendable in a good pastor cap. 4. num 37. Pope Honorius his priuiledges to K. Edwyn of Northumberland cap. 6. n. 22. Pope Formosus his excommunication of K. Edward the first before the Conquest cap. 6. num 57. His decrees and Ordinances for the Church of England ibid. num 59. Pope Pascalis his letter to K Henry the first cap. 6. num 10. Popes prouisions in EnglaÌ„d for Ecclesiasticall liuinges to straÌ„gers cap. 12. n. â—
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.
16. Ioan. 21 〈◊〉 20. 1. Cor. 12. Vâ—â—â—ersall 〈…〉 â—gainst M Attorâ—â—◠〈◊〉 dist 〈◊〉 Yno 〈◊〉 Sâ—â—â—ole Dâ—â—â—ors 〈◊〉 〈◊〉 in 〈…〉 〈◊〉 Doctors Fathers and expositors Chrysâ—â— 5. ser. Quid regulares famina viris non â—â—habitant A notable discourse of S. Chrys. l. â— de sacordoâ—iâ— sub initiuâ—â— Ioan. 21. 〈◊〉 coÌ„â—â—â—dable 〈◊〉 good â—â—stor A vvomeÌ„ 〈◊〉 exâ—â—â—led 〈◊〉 â—â—urch-gâ—â—ernâ—â—nt Hovv much S. Chrysost. authoritie ought to be esteemed in this point The municipall lavvey of England * Infra â— 6. demonstrat 10. in cap. 7. Manifest reasons A vvoman can not be Priest Aâ—â—â—rdiâ—â—â—f coÌ„seâ—◠〈◊〉 A â—â—eat 〈…〉 Consent of Protestant vvriters Caluin in cap. 6. Amos epist. 54. ad myconâ—â—â— Beza in â—â—fesâ—râ—ne cap. 5. de prâ—sb fol. 32. 43. Viretus Dialog 3. 〈…〉 ad 〈…〉 burg 〈…〉 and 〈◊〉 of 〈…〉 The repetition and coÌ„clusion of all A point vvorthy of laughter K. Henry â— Edâ—â—â—d 6. â—â—â—tvvin 〈…〉 cap 1. A point â—â—rthy of 〈◊〉 The oath of supremacy exacted of Q. Elizabeth The finall consideration vpon all * Monsieur Laâ—saâ— Embassador of the K. of FraÌ„ce and others vvherof see more Infra cap. 15. Reportes fol. 1. Of English Kings before the Conquest Reportes fol. 9. The Charter of K. Kenulphus anno 755. Stamford lib. 3. c. 39. fol. 1012. This charter vvas pleaded 1. Hâ—nr 7. 23. 25. 〈◊〉 The first pointe of M. Attorneys collection refuted Bed lib. 4. hist. Angl. cap. 5. Thâ— secoÌ„d poâ—nt ansvvâ—â—â—d 〈◊〉 the 〈…〉 then 〈◊〉 〈◊〉 third 〈…〉 Of diuers sortes of exemptioÌ„â— granted to pious vvorks by Popes Ossa K. of Mercians Paris iâ— hist. Angl. anno 794. 〈◊〉 Gulâ—â—l 〈◊〉 l. de 〈◊〉 talibus 〈◊〉 ast S. â—â—ustin 〈◊〉 Char. 〈◊〉 K. â—â—â—elbert â—605 â—â—ainst â—â—â—â—ders 〈◊〉 Abbey 〈◊〉 or 〈◊〉 Harpeâ—selâ— hist. Angl. saculo 10. c. 9. ex Mariano Scoto K. Kenulfus gaue his Charter to Abindon by authority of the Pope The instance of K. Edvvard the confessors charter examined Alredus 〈◊〉 in 〈◊〉 S. Edoâ—â—â—ds â—â—â—g Edâ—â—rd the â—â—â—â—â—ssors â—â—â—â—ection 〈◊〉 the â—â—pe 〈◊〉 1033. 〈◊〉 S. â—â—â—vards 〈◊〉 19. cap. 2. Rom. 13. Rog. Houed part 1. ant al. in vit Hen. 2. Ioan. Fox in Act. Monument The 〈◊〉 of 〈…〉 King Edvvards gouernment 〈…〉 Châ—â—ch vvaâ— by 〈…〉 Seâ— Baron 〈…〉 97. The K. of Spaine his Ecclesiastiâ—â—ll Iuâ—â—â—â—â—â—tion 〈…〉 Hovv little M. Attorney proueth Ten demonstrations beâ—oâ—â— the conquest 1 Of the lavves made by auncient Kings before the conquest Malmes l. â— de gestis Regum Anglorum c. 2. in Iâ—â— Differences of lavves and lavv-makers before the conquest Fox Acts and Mon. pag. 149. See the Conquerours Ecclesiasticall lavves cap. sequentâ— What the 〈◊〉 he◠〈…〉 Fox vbi supra * Cap. 5. Roger Hodon par 1. Annal. in vita Henr. 2 Magna carta cap. 1. Confirmation of Churches libertyes in England Articuli Cleri an 9. Edvvard â— 2 〈◊〉 the 〈◊〉 Ecclesâ—â—â—â—ca 〈…〉 counâ—â—â—â—â—ine 〈◊〉 from 〈◊〉 but 〈◊〉 Pâ—eâ—â—â— See Bede lib. 1. histor Angl. c. 2â— Of Recourse made to Rome presently after our English Church vvas founded Ibidem The ansvvere of Pope Gregory coÌ„cerninge French Bishops Beda lib. 1. hist. cap. 27. Gregoâ— in Regist. lib. 12. c. 15. 〈◊〉 Gregoâ—â—â—â— comâ—iâ—sion to Auguâ—â—ine Bede lib. 2. hist. Anglicana cap. 5. The conuersion of other Kingdomes after that of Kent Anno 600. Anno 604. Anno 709. Anno 606. Anno 635. Anno 662. â—up cap. 2. â— 4. â—cclesiaâ—ticall â—â—vves all â—â—ne though in â—â—â—serent â—ingdoâ—es M. Attorney his euasion ansvvered 3 That all Ecclesiasticall vveighty matters vvere referred by our Kings people to Rome â— Auguâ—â—ine appointed his succesâ—ors by orâ—â—r auâ—horitie to Rome Anno Doâ—â—ni 604. 〈◊〉 lib. 1. 〈…〉 p 4. Anno 610. 〈◊〉 de 2. hist. â— Ethelâ—â—rt and Sebert â—ovv they â—epended â—â— Rome K. Eadbald an Apostata reclaymed Beda lib. 2. hist. cap. 8. Authoâ—ity giuen by the Pope to make Bishops in England Malmesb. in fasâ—is anno Christi 621. K. Edvvyn demaunded Bishops froÌ„ Rome Beda lib. 2. â— cap. 17. Pope Honorius his â—riuiledges graunâ—ed to K. Edvvyn Anno Domini 665. Bede lib. 3. hist. cap. 29. Bede ibid. anno Domini 665. The Pope sendeth reliques to the King and Qeeene promiseth an Archbishop Bede lib. 4. histor Anglicanâ— c. 1. Abbott Adrian Theodorus sent for Archbishop of Canterbury Anno 669. â—eda lib. 4. â—â—st cap. 2. A happy â—ate of â—he English Church Malmesb. lib. 2. de Regibâ—s Anglorum c. 8. K. Edgar sent for authority to Rome to reforme the Clergie M. Attorney challenged K. Ethelbald See Stovve anno 71â— Malmesb. lib. 1. de gestâ—s Regum Anglorum lib. 1. de gostir Pontificâ—â— The atâ—â—mpte of â—â—ng Offa againsts the â—â—risdictioÌ„ of Canterbury See diuers â—auses of Alâ—uins â—pistle to â—thelard â— Malmesb lib. 1. de gostis â—â—â—tificuâ— The epistle of K. Kenulphus to Pope Leo. The humble petitioÌ„ of King Kenulphus Key of knovvledge The determination of Pope Leo 3. for Archbish Athelarde Kings and Princes subiects to the Archb of Canterbury in spirituall matters Missions made by authority of the â—â—pe â—â—â—rent in â—â—râ—n in â—ngl Dispenâ—â—tions of â—ost imâ—ortance â—â—ocured 〈◊〉 Rome Malmesb. lib. â— de vltis Pontifiâ—um in Sâ—â—thuâ—â— Malmesb. ibidem Stovv in anno â—39 Malmesb. lib. 2. dâ—gestis Regum Anglorum cap. 2. Alredus Riâ—uall in vita D. Edvvardâ— Polidorus alij â—â— Iohanâ—â— Tvvo exâ—mples afâ—er the â—onquest â—â—anderus lib. 1. de 〈◊〉 4 〈…〉 â—riuiledâ—es 〈◊〉 of Churches Monasteryes Hospitalls c. by the â—ope Abbott Biscopus sent to Rome for priuiledges Bedâ— lib. 4. hist. Angl. cap. 10. Bede tâ—m 3. in vita S. Bertolphâ— The priuiledges of S. Bertolphus his Monastery Ceadwalla Inas Malmesb. 1. de gâ—stis â—â—gum Anglorum câ—p 2. Malmesb. 〈◊〉 Adelâ—â—us his booke of virginity Malmesb. â—â— 2. histoâ—â— nouella Florentius in chronico anno 70â— Priuiledges of the Abbey of Euesham The priuiledges of S. Albanes founded by King Offa. Math. Vestmonasteriensis in historia anno 794. â—at Paris vita Henâ—â—â—â—terâ—â—s â—â—no 1256. Malmesb. 〈◊〉 2. de 〈◊〉 Regum anglorum â—â—p 1. Priuiledges graÌ„ted to Glastenbury at the petition of K. Edgar Malmes iâ— vita Edgarâ— Ingulphus in historia de Crâ—yland King Edgar charter confirmed the Popes charter The priuiledges of VVestminster procured by K. Edvvard Alredus Rieuell in vita S. Edwards Anno Domini 1054. Ibidem Mutuall letters betvvene Pope Nicolas and King Edvvard Priuiledges of VVestminster vvith a terrible curse to the breakers 5 Appeales and complaints to the Sea of Rome about controuersies that fell out Appeales more frequeÌ„t since the Conquest Appeales before the Conquest Bede lib. 4. historia cap. 11. 13. S. VVilfrides Appeales to Rome anno 679. Beda lib. 5. histor Ang. cap. 10. Beda ibid. The second Appeale of S. VVilfride to Rome Bede ibid. Malmesbur lib. 3. de gestis Pontif. Anglorum in Vvilfridâ— Malmesb. 〈◊〉 The epiâ—â—le of S. â—â—eodorus 〈◊〉 fauour VVâ—lâ—â—id S. 〈◊〉 vvhoâ—e he had â—mpuâ—ned S. VVilfrid restored
to his Bishoprick of York the secoÌ„d tyme. Malmesb. ibidem fol. 152. The Decision and coÌ„maundement of Pope Iohn The humilitie obedience of our Kings in those ancient dayes S. Elflede Supra â—â—mâ—n 3. Many examples of Appeales Malmesb. lib. 3. de gestis Pontif. anno 745. Malmesbu de rebus gesâ—is Regum Anglor lib. 2. Pope Formosus did excoÌ„municate K. Edvvard the first and hovv the matter vvas amended * This he speaketh in respecâ— of the coÌ„uersation vvith Danes that vvere Infidells Malmesb. lib. 1. de gestis Pontificum Anglorum Decrees and ordinances of Pope Formosus for the church of EnglaÌ„d The vigilancy of ancient Popes ouer England Beda lib. 4. â—â—st Angl. cap. 8. 20. 23. A consideration of moment 6 VVhat Kings Archbishops Bishops liued togeather and vvhat lavves they vvere like to make The concurrence of Kings and Bishops in Kent and London for the first age of English Christianity 1 A necessary inference 7 The concourse vvith other Kings Princes and Catholicke people abroade The vniuersall authority of the Sea of Rome during the time of our Christian kings before the Conquest Marke the consequence 8 The maâ—ing tributary to the Sea of Rome the Kingdome â—â— EnglaÌ„d The beginning of Peter-pence Polidor Virgil lib. 5. de hist. Angl. Stovv in Inas 〈◊〉 705. K. Inas his lavves in fauour of the Pope Kings Offa his coÌ„firmation of the tribute of PeterpeÌ„ce anno Dom. 77â— The greatnes of K. Offa. The confirmation of Peter pence by King Adelnulfe anno Dom. 947. Polidor 〈◊〉 5. historia A speciall note Ingulfuriâ— histor Monasteriâ— de Crâ—yland fol. 50â— The great care King Caâ—ulus the Dane had that Peter pence or other Ecclesiasticall dutyes should be paied an 1032. Auncient lavves against M. Attorney Alredus in vita S. Eduardâ— S. Edvvards confirmation of Peter pence and other duties an 1062. Râ—â—â—rius Houiden par 2. Annal in vita Henries 2. Peter pence confirmed by the CoÌ„queror anno 1070. Peter pence continued after the Conquest vntil K. Henry the eight Anno Domini 1532. 9 The going of diuerse Kings and Princes to Rome for deuotion to that Sea * Supra Demon. 3. Acts and MonumeÌ„ts pag. 121 Beda lib. 4 histo Augiscana cap. 29. The admirable â—oing of 〈◊〉 kings to Rome S. Egvvyn Bishop of VVorcester Supra Dâ—mon 4. Platina â—â— Constantino PP Floren. in Chron. anno 723. Malmesh lib. 1. de gestis Regum Anglorum Beda lib. 5. hist. Angl. cap. 7. K. Inas his going to Rome The history of Ceadwalla his going to Rome dying there Beda ibid. The seruour of English men tovvardes Rome in these dayes An euideÌ„t deduction out of the premissâ—â— 10 The assertion and asseueration of diuerse Kings for preheminence of spirituall povver Apud Harpesfâ—ldâ—â— in histor Angl. Sacul 9. cap. 5. ex Asserte Menem Florentino Marianus in anno 9â—5 Apud Alridum Retuallo sâ—râ— de Regibus Angliâ— An excelleÌ„t speach of K. Edgar to his Bishops coÌ„cerning reformation of the Clergie Tvvo svvordes of S. Peter and Constantine acknovvledged by K. Edgar Rogeriâ—â— Houeden part 2. Annal in vita Henries secundi VVilliam Conquerors iudgement of this matter Q. Eleanor anno 1194. Blesensis epist. 146. Tertull lib. de pudicitiâ— cap. 17. Cyprian de Vnâ—ala Ecclesia The Conqueror began his raigne 1066. and raigned 21. yeares vnto the yere 1087. K. VVilliam boisterous but truly Catholik Florent 10â—6 Sâ—ovv an 20â—7 in vita Guliel Conquestoris Boisterous actions of K. VVilliam Ex Registro apud Bar. in Annal. anno 1084. Ex epist. Lanfran apud Baroâ— An. 1070. The pitifull state of EnglaÌ„d for manners vnder the Conqueror The desire of Lanâ—rank to â—â—e â—id of â—his charge Lanfrankes feare of the Conquerors â—â—ough â—ature 〈◊〉 an 1087. â—he Conâ—â—erours â—â—niâ—ent â—â—each at â—â—s death Satisfaction Stovv ibid. Greg. septimus lib. 7. epist. 1. A sharpe reprehension of Pope Gregory the 7. to the Conqueror Ibidem epist. 2â— The arguments of K. VVilliaÌ„ against Harold Matth. VVestmoâ—ast anno 1065. Malmesb. lib. 3. in vita Guhelme Conquest Stovv in the life of Harold K. VVilliam offered to staÌ„d to the Popes iudgement for his Crovvne Lanâ—bâ—â—t in Chron. anno 1076. Deposing of Stigand and other Bishops by authority of the Pope Malmesb. in vita Guliel 1. In epist. Lanfranci apud Baronium in an 1070. Lanfranke proposeth his doubts to the Pope The palls of EnglaÌ„d accustomed to be taken at Rome Sea Baron in annal Tâ—m 11. an 1070. Malmesb. l. 3. hist. in viâ— Guiâ—l Baron â—â— 1071. Stovv 〈◊〉 1071. A Councell gathered by the Popes coÌ„maundement Stovv an 1083. Charters froÌ„ Rome confirmed by the King Stovv in anno 1087. â—xfra mentis de vita Guâ—eâ—â—i The Conquerors accusation of his brother for nâ—â—ting the Church Stovv Ibidâ—m Râ—g Houeden annal paâ—â— 2. in viâ— henâ— 3. fol. 342. VVhat the peace of the church is Tvvo svvordes the one subordinate to the other The priuiledge of Ecclesiastical men in teÌ„poral Courtes Tenantâ— of the Church priuiledged Diuerâ— other lavves SaÌ„ctuary Breakers of Priuiledges Tythes PeterpeÌ„ce The Conquerors humility tovvards his Archbishop Nuâ—eâ—g Reâ—uâ— Anght l. 1. c. 1 Stovv in vit Guliel in sine The Conquerours last speech of his deuotioÌ„ tovvards the Church 7. â— 9. â—â— Quaâ—â—â—â—pedes 19. M. Attorneyes Instance of no force Povver vvaies by vvhich a lay man may Confer benefices Appropriation of Benefices Sup. cap. 6. Demon. 4. Collations of benefices Cap. Intet cap. Licet extrau de traÌ„slat epise extrau de electione cap. Cum in cunctis * Extrau de elect cap. postquam cap. Intet Canonicos cap. Scriptum est Ex capite qualiter extrau de elect Election confirmetion and consecration of a Bishop by vvhomel Extrau de postula one prelatorum cap. pennl Cap. vlt. extrau de Iure patronatus Glossa distâ—nâ—â— 63. cap. quaÌ„to extrau de postul prelatorum cap. Bonae memoriae Inuestitures desired by Princes but denyed by Popes Bald. l. rescrip in penul col in versiâ— Et ideo rex Angl. â—od de preci bus Imper. aufereÌ„dis 32. deâ—â—n cap. prater 〈◊〉 paragraph vetum dâ—stinct 96. cap Bene quidem 1. Ioan. 2. K. VVilliam Rufus began his raigne an 1087. and raigned 13. yeare to an 1100. K. VVilliam Rufus a good King for a time Florentius vvigorn an 1093. in annal Anglis Stovv an 5. Guliel Rufi CoÌ„mendation of S. Anselme Malmesb. l. 4. de Guliel 2. Florentius an 1095. Malmesb l. 1. de gâ—stis Pontif. Edmerus in vita Anselmâ— S. Anselm his pall brought him from Rome by the Popes Legat. S. Anselm his plaine dealing with K. Rufus VValsing iâ— Ypodig Neusâ—ria an 1â—97 The pitifull death of K. Rufus K. Henry the first began his raigne an 1100 and raigned 25 years vnto 1135. Florent in Chron. an 1100. The good beginning of K. Henry the first In vita Henriâ—â— primi Pope Pascalis his letter to K. Henry the first Malmesb. li. 5. annal in vit
anno 1245. Ibidem K. Henry obtaineth of the P. to be accompted of ful age Paris in 〈◊〉 Hen. 3. an 122â— The beginning of the great Charter for church priuiledges VValsingh in viâ—a Edvvards primâ—â— initiâ— Eâ—ypodig Nâ—u 〈◊〉 an 1274. The deuout behauiour of K. Henry 3. ConfereÌ„ce betvvene K. Henry aud S. Levves K. of France Paris anno 12â—4 in vst Hen. 3. The vtilities by our English Kinges deuotion to Rome Paris Ibid. The Ciuil vvarrs of England vnder K. Henry the third The points vvherin the soueraignty of the Sea of Rome vvas seene The manner of Ecclesiastical elections vnder K. Henry 3. The manner of placing a Bishop of Durham Paris in vit Henr. 3. an 1226. 1228. An other example of the prouision of the Church of Canterbury Ibidem Richard of Canterbury appealeth to Rome against K. Henry 3. Paris an 1231. in vit Henr. 3. Tvvo elected Archbishops of Canterbury refused by the Pope Paris anno 1232. Hovv obedient K. Henry vvas to the Sea of Rome CoÌ„plaints of English-men against straÌ„gersâ— in England Math. Paris anno 1244. The louing and obedient letter of K. Henry vnto Pope Innocentius CoÌ„plaints made to the Councell and Pope himselfe of abuses Paris anno 1245. The popes seuerall orders for prouiding for Englishmen Generall consent of vvâ—â—ting to the Sea of Rome for remedye of agrieuaÌ„ces Math. Paris Anno. 1146. The beginning originall cause of al restraints Mag. Câ—art cap. 1. The statutes of K. Henry all in fauour of the Clergye 2. H. 3. tit ProhibitioÌ„ 13. 4. H. 3. Ibidem 15. 15. H. 3. tit ProhibitioÌ„ 22. Regist. fol. The explication of the lavv Stat. an 9. 〈◊〉 6. cap. 11. Spirituall coâ—â—tes superior to the teÌ„porall Hovv spirituall Courtes are the Kings courtes M. Attorneys inference hovv it holdeth and holdeth not Diuers examples ouerthrovving M. Attorneys commentarye Paris anno 1â—32 The King obeyed the Bishop of London in restoring Earle Hubert Paris Ibid. K Henry obeyed the B. of London in spirituall matters The Bishops refuse to excommunicate at the Kings appointment Paris anno 1234. S. EdmoÌ„d Archb. of Canterbury threatneth excoÌ„munication to the King if he obey him not Paris anno 1215. pag. 656. K. Henry obeyed the Deane of Paules in spirituall authority The Statute of Merton an 20. Hen. 3. This instance proueth nothing See the Code l. 5. tit 27. log 1. Constant lib. 5. Imper. Ze 1. lib. 10. Imper. Iustin. Nouell constit 89. de natural liberis §. Siquis igitur c. Lib. 4. Decret tit 17. cap. 6. * Cap. CoÌ„questus est * Cap. 13. Per venerabilem Ilidom Cap. 7. Causam quae M. Attorney mistaketh and mis-relateth the matter This King began his raigne an 1272. and raigned 35. yeares vntill 1307. Stovv in vita Edouards prâ—â—â— King Edvvard surnamed Long-shanke Deuotion of K. Edvvard Magna Charta VValsingam in vitae Edvvards p. anno 1191. King Edvvard praied and gaue almes for his Queenes soule Crosses erected VVorkes of piety of King â—dvvard VVestmon in heâ— or maiori in vita Edou primi Vestmonasteriensis anne 1197. A pious patheticall speach of King Edvvard King Edvvardes occasions of dealing in VVales and Scotland VValsingam anno 1292. in vita Edouards King Edvvardes mutabilitie in keeping priuiledges Math. Vestmonast VValsingam anno 1307. Math. Vestmon an 1278. Violent proceeding of K. Edvvard A sleight of K. Edvvard against the Clergie In anno 1294. A Knight sent to force the Monkes of VVestminster to yelde by feare to the Kings vvill In meere spirituall things the King neuer made difficulty to obey the Sea of Rome VValsingam eodem anno Diuers Bishopricks disposed of by Popes vnder K. Edvvard the first King Edvvardes deuotion tovvards the first Pope in Auinion King Edvvard accused the Archb. of Canterbury vnto the Pope VVestmonast eodem anno The great respect borne to the Sea of Rome by King Edvvarde An Embassadge sent by K. Edvvard to excuse himselfe to the Pope Thomas VValsingam in an 1308. The manner of vvriting of K Edvvard and his nobility to P. Bonifacius Math Vestmonaster Thom. Valsing in an 1301. 1302. King Edvvards lavves in preiudice of the Clergy of England Vide 3 Edo 5. â—â— Ass pl. 19. Brooke tit premunire pl. 10. Note this vvas vva â—y the common-lavv of England before any statute made CoÌ„mon-lavv must haue some birth or beginning VVestmonasteriensis an 1197. A cleere ouerthrovv of M. Attorneys assertion In vvhat sense the publishing of a Bul might be punished in K. Edvvards dayes Reportis fol. 15. 31. 〈◊〉 â— tit â—â—com 6. â— instance 15. Edouar tit Quare non admisit 7. Vide 39. Edou 3. 20. Note 1. ansvvere CoÌ„mon-lavves imagined but not extant Anno â— Edouards terâ—â—i stat 2. cap. 2. Seasing of Bishops landes Anno. 14. Edo 3. stat 3. pro Clero Hovv Bishops might be punished for not admitting the Kings iust presentatioÌ„ Supra cap. praeced The Archbishop of Canterbury depriued of his spiritual iurisdiction by Q Elizabeth anno 1580. The statuâ—e of 〈…〉 an 〈…〉 vnderstoode in vvhat senâ— should â—e receiued allouâ—ed hâ—ere Lib. 1. Decretalium Gregorie tit 21. The Decree against Bigamy In 6 Decre alium â—â—â— tit de Bigamis The true state of the case and doubt risen in England A poore commentary and shifte of M. Attorney Hovv M. Attorney straineth the â—ext to helpe himself 4 instance Statutum de anno 25. Edouâ— 1. Carlile vide 20. Edouar 3. tit Essom 24. Nota. The first atteÌ„pte vvas to vsurpe vpon such Ecclesiasticall things as appertayned to the Clergy of England vvho at that tyme stood in great avve of the church of Rome The ansvvere to the fourth Instance of M Attorney IncoÌ„ueniences by promoting strangers in England Diuers agreemeÌ„ts for prouision of Benefices VVest monast anno 1307. Remedy sought from the Pope himselfe VValsing Ibidem See statute anno 25. Edouards 3. The statute of Carleile maketh nothing for M. Attourney This King began his raigne an 1307. and raigned 19. yeres to vvitt vntill 1326. Ancient English vvriters vvhen the end VValsing in 〈◊〉 1307. Stovv in Edouardo p. â—â—â—ine vita The ill successe of King Edvvardes marriage â—n France The suppression of the Knights of the Temple VValsiâ—gam in storia Edâ—uâ—râ— 2. anno 1311. 1â—24 â—oâ—dor Stovv Ibidem Recourse made to the Pope by EnglaÌ„d and Scotland in their greatest controuersies VValsing anno 1319. 1323. The â— of Canterbury made by the Popes prouision The Bishop of Hereford taken froÌ„ the barre by Ecclesiasticall authority The statute of Edvv. 2. articuli â—lâ—â—i cap. 36. Eos the ordinance of circumspecté agatis â—do 1. so this effect â—y this statute of the â— of Ed. 2. and 15. of Edvv. 3. cap. 6. 31. E. 3. cap. 11. and by other statutes heretofore mentioned the iurisdiction of the Ecclesiasticall courtes iâ— allovved vvarranted by consent of Parlament in all cases vvherein they novv haue iurisdiction so as these lavves may be iustly called
the Kings Ecclesiasticall lavves or the Ecclesiasticall lavves of England Statut. de Consult editum an 24. E. 1. The explication true meaning of the former prouision 〈…〉 â—â—dâ—â—ations 〈◊〉 anno 5. Edouardi 2. 〈◊〉 18. 〈◊〉 â— cap. 5. Different Courtes shevv different origen of authorityes M. Attorneys common refuge refuted These 2. Kings made most restraints The punishment of these tvvo Princes and their posterity for their violence vsed tovvards the church Particular motiues of K. Edvvard 3. for proceeding as he had VValsingam in vit Ed. 1. anno â—341 The Kings letter to Pope Clement the sixt The complaint reasons against prouisions froÌ„ Rome * Sup. 35. â— â— VValsingam 〈◊〉 vita Edouards 3. The humble supplication of King Edvvard to the Pope before he made his restrictioÌ„s King Edvvardes great embassage vnto the Pope King Edvvards protestation of obedience for himself and his The continâ—ance of the Popes proâ—â—â—â—â— in England VValsing in vita Ed â— an 1366. Diuers other examples The lavve of premunire Polidor hist. Angl. lib. 19. A concordate betvvene the Pope and K. Edvv. for prouisions Supra cap. â— â— 4. 1. instance 16 â— 3. 〈◊〉 excom 4. 1. Ansvvere VValsing in vita Edou 3. anno 1340. â— instance In the Raigne of Ed. 3. â— Ansvvere Snprâ— fol 9. The common lavv cannot determine vvho shall giue cure of benefices vvith spirituall authority belonging therevnto This instance maketh against M. Attorney himselfe 3. Instance 17. â— 3. 23. 20. E 3. enâ—oâ—â—â— 9.16 E. 3 tit bâ—â—u 66. 21 E. 3.6 â— H. 7. 14. Fâ—â—z Na. br 2. Ed. 3. â—â—t excom 6. 21 E. 3. 4. fol. 4. 23. E 3. l. Ass pl. 75. 27. Ed. 3. fol 84. Fitz Na. Br. fol. 34. The Ansvvere to the first second 26. 〈◊〉 King Edâ—vard did not giue Episcopal iurisdictioÌ„ Supra cap. 2. 3. The saying of the Emp. Valentin Supra cap. 4. Supra cap. 6. To the 4. Trifling obiectioÌ„s To the 5. To the sixth Supra cap. 7. M. Attorneys case plaine against himself The 4. Instance 30. E. 3. l. ass pl. 19. 32. H. 4. 16 14 H. 4. 14. 8. H. 6. fol. 3. 35. H. 6. 42. 28 H 6. 1. 7. Ed. 36 14. 11. E. 4. 16 Fitz. Na. Br. fol. 64 E. vide 9. E. 4. fol. 3. hereafter fol. 11. It ought to be determined in the Ecclesiastical Courtes of EnglaÌ„d 21. E. 3. tit excoâ— 6. 31 â— 3. tit Ayde de Roy 103. The Ansvvere Bulls from Rome not admitted except they come certifyed froÌ„ some Prelate at home Sâ—â— Sup. cap. 7. Kings are capable of ecclesiasticall iurisdiction by commission The â— Instance 38. ass pl. 30. See the stat of 15. E. t. c. 4. 31. E. â— c. 11. 38. Ass. pl. 22. 46. E. â— tit pramunure 6. 49. E. 3. l. Ass. pl. 8. The Ansvvere Some things may beloÌ„g to differeÌ„t courtes in different respects Supra in 〈◊〉 â— VVhy the Abbot of VValtam vvas seuerely punished The â— Instance The summe of the first restraint about Prouisions Stat. 25. E. 3. de prouisoribus The Ansvvere AgreemeÌ„t betvvene the King and Pope about prouisioÌ„s VValsing in vita 〈◊〉 an 1371. See S. Bernard a◠〈◊〉 â—l 2. de Consideracione ad Eugeniâ—â— Of the reasons manner of coÌ„cluding these restraints by K. E. the 3. King Edvvards restraints diminished not his devv respect to the church An. 2â— E. 3. â—tat 3. Stat. â— cap. 1. 42. E. 3. â— 1. The disordinate life of K. Edvvard the third VValsing in vita Edouardi 3. an 1340. This King raigned 12 years froÌ„ 1377. to 1399. The causes of K. Richardes disorders King Richard often confirmed the libertyes of the church The practice of Church-libertyes by Clergy-men vnder K. Richard the second Respect borne by King Richard to the true Pope 2. Rich. 2. cap. 7. King Richard obeyed the Censures of the Church VValsing an 1379. M. Attorneys Instance out of this K. Raigne The crovvne of EnglaÌ„d not subiect to any in temporalityes In vvhat sense the Bishop yelded to the statute of Premunire K. Henr. 4. raigned 13. yeares from 1399. to 1412. Stovv in Kent 4. H. â— raigned ten years from 1412. to 1422. Richard Earle of Cambridg Henry lord Scroope treasurer Edmond Earle of March c. H. 6. raigned 18 yeres from 1422. to 146â— Polidor lib. 12. Hist. Augâ— in Hen. 6. VValsing in vita Henriei 4. an 1490. English Prelates sent to the Councell of CoÌ„stance Lavves for executing of Lollard and vvicklifists First Instance 2. H. 4. fol. 9. The Ansvvere Hovv Bishops may be called the Kings spirituall Iudges Supra cap. â— 2 Instance Fitz. Nat. 〈◊〉 269. This had a resemblance to an Attainder of treason â—herin there must be first an ind4ctment by one Iurie and a conuiction â—y anâ—ther 11. H. 4. 37. The Ansâ—â—re Tvvo condemnation not euer necessary in case of hâ—resy M. Attorneys marginal note reproued In Cod. l. Manicheos l. Arriani l. Quicunque apud Paul Diacon l. 14. 16. * See cap. ad abolendum cap. excoÌ„municamus extra de haeret in 6. de heret cap. Super co 6. Decâ—et l 5. 〈◊〉 2. de liçreticis An. 1227. Decree of Pope Gregory the nynth about proceeding against heretickes Causa 15. q. 7. c. Si quia tumidus ex con 1. Carthag Hovv the Pope in old time might alter English lavves 3 Instance 1. H. 4. fol. 69. 76. 14. H. 4. f. 14. vide 20. E. 3. l. ass pl. 19. before vide 13. E. 3. Certificat 6. vide 20. H. 6. 1. 35. H. 6. 42. 7. E. 14. Fitz. Na. Br. 46. ff 14. H. 4. 14. Statut. de 2. H. 4. cap. 3. Ansvvere to the first To the second VVhence Bishops courtes haue their authority * Râ—portes fol. 8. 9. To the third The King may commaund the Bishop to doe his duty 4 To the fourth 4 Instance Stat. 6. H. 4. 1. The Ansvvere Against brybing in Rome and other like abuses The first instaâ—ce of the Attorney Stat. de 3. H. 5 cap. 4. The Ansvvere This statute maketh nothing for M. Attorney Statut. de 2. H. 5. â— 7. Lâ—llardy a â—olio For as Cockâ—e is the 〈◊〉 of the Corne so is heresie the destruction of true religion Statut. de 2. H. 5. c. 1. The Ansvvere VVhy teÌ„porall Iustices medled vvith Lollards VValsing in vita Heâ—riâ—s 5. VVhence the name of Lollards vvas taken The three conuersions of EnglaÌ„d part 2. â—ap 9. nu 31. cap. 19. num 34. 35. c. For in his booke of Acts and monuments pag. 419. â— H. 6 fol. â— 9 H. 6. fol. 16. 1 H. 6. 1â— To the first Bullâ— could not be promulgated vvithout the certificate of a Bishop To the second See Supra cap. 6. 3 to the third K. Ed. 4. raigned .12 yeres from 1460. to 1483. Syr Thom. More in â—it Richards .2 〈◊〉 â— Richard 3. raigned from 14â—3 to 1485. K Henry the seueÌ„th raigned from 1485. to 1509. to vvit 24. yeres All fovver Princes agree in our
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