Romanum Episcopum majorem aliquam Jurisdictionem non habere sibi à Deo collatam in Sacra Scriptura in hoc regno Angliae quam alium quemvis Externum Episcopum Conformable to which was also the Resolution of all the English Clergy Upon which and presently after King Hen. 8. was by Parliament agnized Supream Head of the Church in these his Dominions Stat 26 Hen. 8 cap. 1. whereby it was also Enacted and Declared That the King his Heirs and Successors Kings of England should have and enjoy united and annexed to the Imperial Crown of this his Realm as well the Title and Stile thereof as all Honours Dignities Jurisdictions c. to the said Dignity of Supream Head of the Church of England belonging or appertaining with full power and authority to visit redress reform order correct restrain and amend all errours heresies abuses c. which Act Io. Hâ—rb Hist of Hen. 8 fo 380. though much to the support of the Regal Authority seem'd not suddenly to be approv'd by the King nor before he had consulted with his Council who shewed him many precedents of Kings of England that had used this power and with his Bishops who having fully discussed the point in their Convocations Declared That the Pope had no Jurisdiction in this Kingdom warranted by Gods word suitable to what was Declared by the Universities Colledges and Religious Houses with learned men of all sorts maintaining it necessary that such a power should be extant in the Realm for the Peace good Order and Government of the same the Reasons and Arguments of all which were couched in a Book of the King 's about that time published De vera differentiae Regiae Ecclesiasticae potestatis whence also the Learned Bishop Andrews in his Tortura Torti seems to have drawn diver assertions of the Regal Authority to which the Reader is referred A practice this I mean of consulting the Clergy and the Learned in a case of so great an import agreeable to former Presidents Tho. Walsing in An 1408. fo 420. as I find in Tho. Walsingham In concilio cleri celebrato Londoniis assistentibus Doctoribus Vniversitatum Cantabrigiae Oxoniae tractatum est de censu obedientia Papae subtrahendis vel non subtrahendis And as King Hen. 2. Rog. Hoveden in Hen. 2. pa. prior professed he would proceed in the great cause depending between him and his Archbishop Becket Now when King Hen. 8. was by Parliament agnized Supream Head of the Church within his own Dominions and by him for the reasons aforesaid owned and accepted what they meant by this may well enough be collected from the premises and from that notable Oration of Stephen Gardiner of True Obedience before mentioned which Title he neither took nor the Parliament gave in other sence than the French have always attributed it to their Princes and what the Royal Ancestors of King Hen. 8. Spelm. Conc. 437. Seld. ad Eadm 1â—5 â—â—g Edvard c. himself assumed under the Homonymous names of Tutors Protectors Governours Domini Christi Vicarii Agricolae c. and the like And this is the Supremacy which the Kings of England have always claimed and exercised within their own Dominions with the temporary obstructions above mentioned that is in Soveraign way to Rule and Govern all their Subjects of what degree and quality soever to call their own Clergy and Church-men together and with their advice to see the Church reformed and by Act of Parliament to have all Ecclesiastical Jurisdiction restored and united to the Crown as in the First year of Q. Eliz. was done inlarged on before And here it will not be unnecessary to observe and know how that Restitution was resented by the Queen's Subjects at that time And for that observe and observable it was the general complyance and complacence of the People in it as also that from the First until the Eleventh year of that Queen's raign Cokâ— 5 Rep. de ure Reg. Eâ—câ—esiastico fo 35. no person of what perswasion of Christian Religion soever at any time refused to come to the Publick Divine Service celebrated in the Church of England and established by publick Authority within this Realm until the Bull of Pope Pius Quintus in the Eleventh year of her Majesties Raign came out against her whereby he deprived her of all her Right Authority Dignity and Priviledge in or unto these her Realms and Dominions and absolved all her Subjects of their Allegiance After this Bull it was that those who regarded the Pope's power or threats more than their Prince's just Authority or their own Allegiance refused to come to Church and from that occasion first acquired the stile of Recusants Vid. Camb. Annal. This gave rise also to a multitude of treasonable practices and conspiracies against the Queens life taken up also against King James Vid. Arth. Crohagans case in Crook 1. Rep. continued against our late Soveraign King Charls the First and still fermenting to break forth upon all opportunities to promote the Catholick cause and all abetted by the traitorous Doctrine of King-killing justified and proclaimed to the World by Bellarmin Co licenzâ— con priviâ—egio Baronius Mariana Emanuel Sa Allen Creswell and others both Natives and Strangers the consequence whereof was this That though Treason was always in the intention yet God be praised nothing hath yet been brought to Execution but the Traitors In this affair St. Jo. Davys D sc of Ireland fo 242. I find a memorable Observation of a grave Statesman That in the Indentures of submission of the Irish to King Hen. 8. all the Irish Lords did acknowledge him to be their Soveraign Lord and King and owned his Supremacy in all causes utterly renouncing the Pope's Jurisdiction most worthy of note says he in that when the Irish had once resolved to obey the King they made no scruple to renounce the Pope Besides these which have been experienc'd in our own Country infinite have been the mischiefs occasion'd in the World upon this score of Supremacy and Dominion and that by the mighty strugling and bickerings that have been maintained between the Papacy and the Princes of the Earth about the gaining and keeping this Power Besides the general Observations that a great means of the growth of the Turkish Empire to it s now formidable stature hath been the Wars and disturbances wrought upon this ground amongst the Christians themselves Also the decay and corruption of sincere piety and devotion by the turning the current of Religion out of its pure primitive channel into the sink of disputes and controversies about the Rights and Bounds of Dominion when Christ himself hath told us That his Kingdom is not of this world This caused Divine Religion to degenerate into Humane Policy and upon this it was that Machiavel too truly observed Mach. Disc on Tit. Liv. lib. 1. cap. 12. That there was now here less Piety
would not touch one of such a Character made him a Cardinal but the policy fail'd and it rather hastned his death for by that time his Hat was come to Callis his Head was struck off at Tower-Hill Reginald Pool Regin Pool An. D. 1536. Sleidan Câ—m Charls 5. Archbishop of Canterbury and Cardinal being beyond the Seas about the beginning of the Reformation wrote a Book for the Pope's Supremacy against the King and therein incited the Emperour preparing against the Turk to bend his forces against his natural Soveraign and native Country-men as being worse than Turks This Book writ by a natural born subject of the King of England was then adjudged a sufficient overt act within the Stat. 25. Edward the third De proditionibus and therefore High Treason Cook Pl. Coron fo 14. Brook Treason Tit. 24. Antiq. Brit. in vita Poli. and Pool attainted thereupon But he keeping out of the reach of Justice after the death of P. Paul the third was just upon point of being elected Pope but his own stupidity Act. Mon. fo 1774. with the imputation of incontinency slurr'd him of the dignity In the raign of Queen Mary over he comes and what he did both to the Living and Dead our Historians abundantly testifie and that the next day after the Queen dyed Cardinal Pool Et sic exit Papismus in Anglia Peter Petow Peter Petow Cambd. Britt in Warw. made Cardinal and Legaâ— Ã Latere by P. Paul the third in time of Queen Mary was coming over in pursuance of his Legatine power But the wary Queen suspecting he might act something derogatory to her regality forbad his entrance which the Cardinal took so to heart that he dyed presently after Allen Will. Allen. the last Cardinal Englishman in the raign of Queen Elizabeth appears a Herald before the Spanish Armado in 88. and by a Book dispersed over England stirs up the Nobles Sp. fo 1177. B. Carlton Remembr 141. and People to joyn with the Spaniard in execution of the Pope's sentence of deposition of the Queen But all coming to nothing our Cardinal dyed an exile at Rome An. D. 1594. Godw. in vita Bishop Godwin takes farewel of him with this character He was last of our England Cardinals in time and worst in wickedness deserving not to be reckon'd amongst Englishmen as like another Herostratus to get himself a name endeavoring to fire the English Church without envy be it spoke the noblest in the world so that his memory deserves oblivion Et sic exit Cardinalismus Several others are reckon'd in the Cataeogues of England Cardinals but because it is doubtful whether some of them were English and others whether ever Cardinals and little memorable left of most of them these already mentioned shall suffice to testifie that the Italian promotions were generally more fatal than fortunate to our Countrymen and that the pains and cost was not recompensed by the acquist And so we pass from these highest dignities on Earth to such coelestial Honour as was and is to be purchased in the Church of Rome CHAP. XX. Canonizations c. CAnonization and Sainting of Men Women and Boyes was another way whereby great summs were often brought unto the Popes And that was when any person lived more austerely or devoutly than ordinary or being fam'd for any miracles pretended to have been done by him in his life time or by his Reliques or at his Tomb after his death or that he dyed for or in defence of the truth or the Church's cause Then if his Surviving friends or relations made application to the Pope upon payment of good summs according to the abilities and qualities of the persons solliciting for sentences fees Orders references and others things requisite in such case the party by a kind of Apotheosis was made a Saint and a place assign'd him in the Calender Of this extraction were the famous St. Cuthbert St. Guthlac St. Dunstan St. William St. Swithun St. Tibba St. Thomas of Canterbury St. Thomas of Lancaster St. Winisniâ—d St. Hugh and infinite more who for money had their names put into the rolls of Glory and their fames and merit celebrated and supplicated here on Earth I find that great endeavours were used to have Robert Grosthead the renowned Bishop of Lincoln sainted and particularly King Edward the first laboured it by an express unto the Pope for that purpose Rot. Rom. An. 34 Ed. 1. but nothing could prevail in regard he had so signalized himself against the corruptions of the Church and times then when as Becket Anselme Hugh of Lincoln and multitudes more were Canonized for money or something they had done signally and meritorious for the Papacy But this King had better success in his sollicitation to the Pope for the Cononization of Thomas de Cantelupe Bishop of Hereford then deceased famed for a multitude of miracles as was suggested Tho. Walsing in Ed. 1. fo 11. Thomas Walsingham abounds in the celebration of him and his miracles Mart. Westm in Ed. 1. but more modestly than the Monk of Westminster who ascribes to him no less then 163 miracles and others many more too many in all conscience to be believed or here remembred in particular But of such esteem it seems he was Godw. in vita ejus that this King Edward the first to obtain the benefit of his Prayers and intercession in Heaven for himself and his Realm according to the perswasion prevailing in those ignorant times sent his Letter of request to Pope John 22. to have him a Canonized Saint to which the Pope after some dealing withal for that purpose was at last wrought But for the King's Letter being still preserv'd amongst our Records and which we conceive may be acceptable to some to peruse we will take the liberty to transcribe Sanctissimo in Christo Patri Domino Divina Providentia Sacrosanctae Romanae ac universalis Ecclesâ—ae Summo Pontifici Claus 33 Ed. 1. m. 3. dorso De translatione S. Thomae de Hereford Edwardus eadem gratia Rex Angliae c. devota pedum oscula beatorum Pium justum esse censetur ut sicut gloriosus Deus in Sanctis suis in Majestate mirabilis Ministros fideles suos magnificat altis decorat honoribus coelestis efficit beatitudinis possessores in coelis Sic Sacrosancta Romana Ecelesia vestigia ipsius prosequens eos ad quorum memorias ipse Deus suae virtutis potentiam manifestat signa ac prodigia faciens pro eisdem digno venerationis offlcio laudari glorificari studiis sollicitis honorari efficiat in terris ut per hot fides catholica roboretur idem altissimus qui laudabilis est in saecula glorificetuâ— amplius laudetur ac ex hoc salutis nostre causam miserecordius miseribilius operari dignetur Cum itaque Thomas dictus de Cantilupo Ecclesiae Herefordensis Antistes qui nobili
something he got out of them as I remember about 3000 l. of which no doubt but he gave a good account At another time this Otho came to Oxford where he was entertain'd with good respect Ypod. Neustr fo 59 Knighton Coll. 2432 Polychron l. 7. c. 35. and the Schollers after dinner coming to give him a visite the rude Porter at the Gate gave them an uncivil repulse which with throwing scalding water in one of their faces and in revenge thereof the death of the Master Cook such a hubbub was raised that the Legate was glad for safety to get into the Steeple where sculking he might hear the rabble ranging about searching for him and crying out where is that Usurer that Simoniack that piller and poller and filcher of our money who perverting the King and subverting the Kingdom inricheth strangers with our spoils But in the dead of the night out he creeps and with some difficulty got over the River running to the King not far off to whom he tells a pittiful story with his hazards beseeching his protection for those of his Company in great danger left behind Whereupon the King presently sends a Company of armed men who apprehended thirty Schollers ingaged in the Riot which they carryed in Carts to Wallingford Castle and thence to London who being brought barefoot to the Legate's dore upon great intreaty of the Bishops and their penitent submission all were pardoned and the University released of Interdiction Petrus Rubeus comes next in play Pet. Rubeus for the understanding of whose Negotiation and Artifices I will give you only one Paragraph of Matthew Paris Matt. Paris in An. 1240. fo 533. Flor. Hist An. 1240. viz. Per eosdem dies venit in Angliam nova quaedam pecuniae exactio omnibus saeculis inaudita execrabilis Misit enim Papa pater noster Sanctus quendam exactorem in Angliam Petrum Rubeum qui excogitata muscipulatione infinitam pecuniam a miseris Anglicis edoctus erat emungere Intravit enim Religiosorum Capitula cogens seducens eos ad persolvendum exemplo aliorum Praelatorum quos mentitus asserebat gratanter persolvisse Dixit enim ille Episcopus ille ille Abbas ille jam libens satisfecit quidnam vos ignavi tam moramini ut grates cum muneribus amittatis Fecit enim praedictus Impostor jurare ut hoc genus pecuniam extorquendi nulli hominum infra dimidium anni facerent manifestum quasi eliciens hoc ex singulorum primitiva professione cum tantum de honestis sit Consilium Papale celandum Hoc faciendo more praedonum domesticorum qui fidem ab expoliatis extorquent ut nulli pandant nomina spoliantium Sed etiam si homines silerent lapides Ecclesiarum contra grassatores clamorem levarent Nec potuit hoc maleficium latere sub tenebris quomodo enim possent Praelati à suis sibi subjectis pecuniam exigere nisi causa exactionis exprimeretur To all which being so plain and notorious although there needs neither Translation nor Comment yet the English Reader may please to know the import of it to be this An D. 1240. That about that time came into England an abhominable way of exacting money never heard of before For our Holy Father the Pope sent a notable fellow Peter Rubeus by name who with a cunning mouse-trap trick wip'd the poor English of infinite summs of money For he would come amongst the Ecclesiasticks when they were met together in their Chapters and perswade and compel them to promise and pay certain summs telling them lies that many others had given freely That this Bishop and that this Abbot and that had given such and such summs and upbraiding them for their slackness Then the Impostor would make them swear that they would not discover to any one within half a year what they had given telling them that was the antient way of keeping the Popes secrets according to their Oath or promise at their first profession Therein doing like Thieves that extort Oaths from them they rob not to discover their names But here if men should hold their peace the very stones of the Churches would cry out against these robbers c. Contemporary with Rubeus Ruffious Mumelinus were Ruffinus and Mumelinus who acted their parts also in this Tragedy and of whom something before Stephanus Stephanus An. D. 1249. another of the Pope's Legates took his turn also to the great profit of his Master and the universal damage of the Kingdom For the Pope being at difference with the Emperour Frederick this Stephanus was sent to demand and collect the Tenths of all moveables of all the Clergy and Laity both in England Ireland and Wales on which occasion the Argument was apply'd That Rome being the Mother of all Churches ought to be relieved by her Children which was done very dutifully at that time Walo another Legat Walo must not be forgotten and his Province was to gather Procurations throughout all England of all Cathedrals Churches and Religious Houses which he managed strenuously William de Testa was another of the Pope's Legates and Collectors W. de Testa Flor. Hist An. 1307. Tho. Walsin fo 64. Ypod. Neust 97 98. Matthew Westminster and Thomas Walsingham end the raign of King Edward the first with the general Complaints of the Nobles Commons and Clergy of England against the grievances and exactions of this William de Testa and one Peter Hispan the Pope's Legat à Latere in the Parliament held at Carlile The Petitions and address to the King Ryley Placit Parliamentaria fo 376 377. Albertus c. for remedie of those grievances are very remarkable still preserved amongst our Records and lately exhibited to publick view Albertus Alexander Johannes Anglicus Johannes de Diva Ferentinus Martinus Rustandus Petrus Enguelbanck Gasper Pons Pol. Vergil and a multitude more might here be remembred but our Histories being generally fraught with their Acts and devices the curious are referred thither for more satisfaction if they please Besides these Legates Collectors Caursins Lombards and Factors there was another sort of men came over into England much instrumental in improving An. D. 1235. and transmitting the Pope's moneys And these were called Caursins and Lombards Mart. Paris in Hen. 3. fo 417. Italians by Country and terming themselves the Pope's Merchants these drove the trade of letting out of money of which they had great Banks and were esteemed far more severe and merciless than the Jews Matthew Paris gives this Etymology of the name Caursini quasi Capientes ursini because they worryed men like Bears Now because the Pope's Legates and Collectors were all for ready money when any summ by Levy First Fruits Tenths Dispensations c. became due and payable to the Pope by any Prelate Covent Priest or Lay person these Caursins would furnish them with present Cash upon their entring into some solemn Bond or
injoined such penances as made to the prejudice of the sinners purse but their own profit Of the Exorbitances of these cloister'd Monks and Fryers many examples might be produced as of their Ribauldry Lechery Quarelling Fighting Idleness Cheating Thieving Debauchery Gluttony c. all maintain'd by the People's money but we will here content our selves with one instance only Cook 4 Insti c. 11. fo 112. King Edward the first about the latter end of his raign having collected a vast summ of money to carry on his warr against the Scots and layd it up in his Treasury at Westminster his Treasury was broken up in the night and one hundred thousand pounds in money besides Plate and Jewels stol'n out of it by the Abbot and Monks of Westminster and their confederates whereof eight and forty Monks with the Abbot were apprehended and sent Prisoners to the Tower and by Inquisition and examination of witnesses it appeared that divers of the Monks and other persons in the night time were seen often passing to and fro the Kings treasury Pat. 31 Ed. 1. m. 23. dors De inquirend de thesaurar Regis fracto and the Abby carrying bundles in their arms and laps and that they conveyed away by water great hampers that were very heavy and some part of the King's Plate and Jewels were found and seised in London and other places upon which the Monks were long detained in prison till afterwards released by the King 's special command when he repaired to Westminster to give thanks to God for his Victories over the Scots Matthew Westminster Matt. Westm An. 1303. a Monk of that Abby minceth this story of the Robbery of the Kings Treasury in favour of the Monks and sayes that only Ten of them were imprisoned when it appears by the Record that 48 of them Cook ut Supra with the Abbot were imprisoned and Indited for it And upon this occasion it was that the Court of Exchequer sometimes called the Novel Exchequer was new built Chanterys Free-Chappels and Colledges as they were instituted and employed spent and exhausted huge summs of money and revenues the purposes of which expence will appear in the brief description of the nature of those Foundations A Chantery so called à Cantando was a Chappel commonly annexed to some Parochial Chantery Collegiate or Chathedral Church endowed with Lands or some other yearly revenues for the maintenance of one or more Priests daily to sing Masse Vid. Stat. 37 H. 8. ca. 4. 1 Ed. 6. ca. 14. for the souls of the Donors or Founders and such others as they did appoint Now the exact number of all these in England cannot be known for they were very numerous but if at Mathematician measured Hercules by his foot a probable conjecture may be made of them from those which were founded in the Chathedral of St. Paul in London for in the second year of King Ed. the sixth a certificate was returned by the Dean and Chapter of St. Paul's to the King's Commissioners affirming that they had seven and forty Chanterys in that Church according to which proportion there was certainly a vast revenue swallowed up by them throughout the whole Kingdom For there was not a Cathedral or Collegiate Church in England but some number of Chanterys were founded in them and in many Parochial Churches also And if the modell of the Country Churches be observed very often some additional building or excrescence appears differing from the old or first Fabrick erected and used for these Chanterys And that the nature and use of these may be the better apprehended we will here specifie the Foundation and Ordination of one of them viz. Thomas de Pakinton in the year 1348. W. Duadale Amiq. Warw. in Chelmscote An. 22. Edward the third founded a Chantery at Chelmescote in Warwickshire and setled Lands and Tenements of a good value to maintain four Priests to sing Mass for his Lord the Earl of Warwick his Countess Children and Ancestors as also for himself his Parents Kinsfolks and their posterity and for the Souls of all faithful people deceased in manner following viz. Two of them which were to inhabite near the Chappel at Chelmscote every day to sing the Mattens of the day and of the blessed Lady with all Canonical hours distinctly and openly and to sing Mass daily viz. one of them every Sonday and on the great Festivals and on Monday the Mass of the holy Trinity Tuesday of St. Thomas the Martyr on Wednesday of St. Katherine and St. Margaret Thursday of Corpus Christi Friday of the holy Cross and Saturday of the Annunciation of our Lady The other Priest to celebrate every day the Mass of Requiem for the Souls of all faithful departed this life and in every Mass to say 7 Collects one of the celebration of the Mass the second for him the said Thomas de Pukinton viz. Deus qui Caritatis c. the third also for him after his death Deus cujus misericordiae c. the fourth of St. Thomas the Martyr the fifth of the Annunciation of the blessed Virgin the sixth for the Souls of the deceased beginning with Inclina the seventh the general Collect which beginneth Sanctissima Dei genetrix Maria especially naming therein the said Earl his Countess and Children and him the said Thomas de Pakinton and all his kindred and upon all Holy dayes to say a Placebo and Dirige with special commendation of the Souls of the Persons before spoken of and the souls of all the faithful deceased Likewise he ordained that the other two Priests should live together near the Church and be daily present therein at Mattens and all other Canonical hours to joyn with the other Priests except just cause and hinderance happened and daily sing Mass at the Altar near his Fathers grave And that all these Priests before their admission to these Chanterys should take their corporal Oaths to observe all the Orders to their utmost power And this Ordination containing several other particulars was confirm'd by the Canons of Kenilworth Rectors of the Church by John de Chelmescote Vicar the Earl of Warwick and Bishop of Worcester Free-Chappels were such as were founded Free-Chappels and endowed and had no relation unto or dependance on a Mother-Church saving only the right of Sepulture and these were greater than Chanterys having greater Revenues and more room for Priests and more Priests for that room to fing Mass and pray for the souls of the Founders and others according to the institution Colledges were Foundations of like nature Colledges and though fewer in number yet were richer than both the former amongst which the Colledge of Fotheringhay Speed Catal. in Northampt. in Northamptonshire was yearly valued at four hundred nineteen pounds eleven shillings ten pence half-penny For the Offices and imployments of the Priests in these and the Free-Chappels maintained they were much of the nature of Chanterys of
of the King's Supremacy in Ecclesiastical matters without professing yet a stature to reach the top of this sublime or the bottom of this profound concern In the first place then we are to know that the King 's just and lawful Authority in Ecclesiastical matters is in part declared by a statute made in the first year of Queen Elizabeth Stat. 1 Eliz. Ca. 1. Non novam introduxit sed antiquam declaravit Coke 5. Rep. Cawdrys Case fo 8. And it was one of the Resolutions of the Judges in Cawdry's Case That the said Act of the First year of the Queen concerning Ecclesiastical Jurisdiction was not a Statute introductory of a new Law but Declaratory of the Old But for our purpose it will be sufficient to transcribe the Preamble of the Act which runs thus Most humbly beseech your most excellent Majesty your faithful and obedient Subjects the Lords Spiritual and Temporal and the Commons in this your present Parliament assembled that where in time of the raign of your most dear Father of worthy memory King Henry 8. divers good Laws and Statutes were made as well for the better extinguishment and putting away of all usurped and forrain powers and authorities out of this your Realm and other your Highness Dominions and Countrys as also for the * Nota. restoring and uniting to the Imperial Crown of this Realm the ancient Jurisdictions authorities Superiorities and preheminences to the same of right belonging by reason whereof we your most humble and obedient Subjects from the 25. year of the raign of your said dear Father were continually kept in good order and were disburdened of divers great and intolerable charges before that time unlawfully taken and exacted by such forrain power and authoritie as before that was usurped until such time as all the said good laws and Statutes by one Act of Parliament made in the first and second years of the raigns of the late King Philip and Queen Mary your Highness Sister Intituled An Act repealing all Statutes Articles and Provisions made against the See Apostolick of Rome since the 20th year of King Henry 8. and also for the establishment of all Spiritual and Ecclesiastical possessions and hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of repeal more at large appears By reason of which Act of repeal your said humble Subjects were est-soons brought again under an usurped forrain power and authority and yet do remain in that bondage to the intolerable charges of your loving Subjects if some redress by the Authority of this your High Court of Parliament with the assent of your Highness be not had and provided May it therefore please your Highness for the repressing of the said usurped forrain power and the restoring of the Rights Jurisdictions and preheminences appertaining to the Imperial Crown of this your Realm that it may be Enacted by the Authority of this present Parliament c. And then it proceeds to Repeal the said Act of Philip and Mary and revives the former Statutes of King Hen. 8. and King Edw. 6. abolisheth all usurped forrain powers and authorities and restoreth and uniteth all Jurisdictions Priviledges Superiorites and Preheminences Spiritual and Ecclesiastical to the Imperial Crown of this Realm This Statute doing Right to the Queen and her Successors ever since as in Temporal Causes the Kings of England by the mouths of their Judges in the Courts of Justice have judged and determined the same by the Temporal Laws of England So in all Ecclesiastical and spiritual Causes as Blasphemy Ecclesiastical Causes Stat. de circumsuecte agatis 13 Edw. 1. Articuli Cleri 9 Edw. 2. Fitzh Nat. Bre. 41 42 43 c. Apostasie from Christianity Heresie Schisme Ordering Admissions and Institution of Clarks Celebration of Divine service Rites of Matrimony Divorces Bastardy Substraction and Right of Tiths Oblations Obventions Dilapidations Reparation of Churches Probate of Wills and Testaments Administrations and Accounts upon the same Simony Fornication Incest Adulteries Sollicitation of Chastity Appeals in Ecclesiastical causes Commutation of Penance Pensions Procurations c. the Conusans of all which belongs not to the Common Law but the determination and decision of the same hath been by Ecclesiastical Judges according to the King 's Ecclesiastical Laws of this his Realm And although the said Stat. 1 Eliz. declares how and by whom the King may appoint the same to be done yet as is intimated before the King by Law may do the same although that Statute had not bin made And hence it was that Stephen Gardiner the noted Bishop of Winchester Significantiori vocabulo competentem Principi jure Divino poâ—estâ—tem exprâ—mi clarius voluâ—runt in his Oration De vera Obedientia once said That by the Parliaments stiling of King Hen. 8. Head of the Church it was no new invented matter wrought only their mind was to have the power pertaining to a Prince by God's law to be more clearly expressed by this Emphatical compellation And certainly this was the ground of that answer which King James gave to the Non-conforming Divines at the conference at Hampton Court upon the seven and thirtieth Article of the Church of England the said Divines urging that these words in the Article viz. Confer at Hamp Court fo 37. The Bishop of Rome hath no Authority in this land were not sufficient unless it was added nor ought to have To which the King being somewhat moved roundly replyed What speak you of the Pope's authority here Habemus jure quod habemus and therefore in as much as it is said He hath not it is plain and certain enough that he ought not to have Nor is this Authority united to the Crown of England only but of right also to all other Christian Crowns and accordingly avowed by all other Christian Princes And to this purpose I could multiply the Suffrages of many antient Fathers and Doctors of the Church but my aim being rather at matter of fact I will forbear the particularizing the explicite Judgements and Declarations of those Devout and just men who were as careful in its degree and proportion to give unto Caesar the things that are Caesar's as to God the things that are God's But for the matter of practice And in the first place here I cannot but take notice That in the first Ages of Christianity Religion did not only subsist but spread by immediate influence from Heaven only but when by vertue of the same influence it had once prevailed and triumphed over all oppositions of Pagan superstition and persecution and subdued the Emperours themselves and became the Imperial Religion then Ecclesiastical Authority assumed and fixed it self in its natural and proper place and the excercise of its Jurisdiction and what that was I shall shew also was restored to the Imperial Diadem and Constantine was no sooner setled in his Imperial Throne but he took the settlement of all Ecclesiastical
Sero recusat ferre quod subiit jugum But notwithstanding the infinite subtle arts and mighty efforts for that purpose the Papacy found it at any time a most difficult thing to carry any thing here by a high hand and to bring the Ecclesiastical State of this Nation to depend on Rome For our Princes never did doubt but they had the same Authority within their own Dominions as Constantine had in the Empire and our Bishops the same as St. Peter's Successors in the Church Ego Constantini Ailred Rival Coll. 361.16 Vos Petri gladium habetis in manibus said King Edgar in an eminent Speech unto his Clergy And what Power in the Church our Kings took themselves anciently to have appears by their Laws and Edicts published by themselves Leg. Edv. confess cap. 17. fo 142. Leg. Canut Inae apud Jornal Mart. Paris w. 2. and acknowledged by their subjects All speaking thus That the ordering and disposition of all Ecclesiastical Affairs within their own Dominions was their sole and undoubted Right the Foundation thereof being that Power which the Divine wisdom hath invested the Secular Magistrate withal for the defence and preservation of his Church and People against all attempts whatsoever And all our Laws and Lawyers concurring in this Rex sub nullo nisi tantum sub Deo Bracton Leg. Sanct. Edw. cap. 19.17 That the King of England is subject to no Power on Earth but to God only and in King Edwards Laws he is called Vicarius summi Regis as also in Bracton that being the Cognomen as it were given by Pope Eleutherius long ago to King Lucius here as not being under the power of any other And this in effect acknowledged by the whole Body of the English Clergy Reg. Hoveden in Hen. 2. pa. post fo 510. in a Letter of the Bishops of the Province of Canterbury to Tho. Becket An. D. 1167. as it stands recorded at large by Roger Hoveden To this it will be but seasonable and pertinent to add the Historical Instances and evidences some of them as occurr demonstrating as the continual claim and when they could the exercise of this Right by the Kings of this Island so the worthy resistances as from time to time have been made against all forraign usurpations and incroachments upon the same sufficient to shew that our Princes did not command the Ecclesiasticks here who made up so great a part of their subjects according to the will and pleasure of any forrain Potentate nor that they were only lookers on whilest others governed the English Church Therefore we may observe All Councils and Convocations Eadmer fo 25.5.11 Florent Wigorn An. 1070. fo 434. Stat. 25 H. 8.19 assembled at the King's appointment and by the King 's Writt Jubente praesente Rege as one says and that upon the same Authority as the Emperour Constantine had long before assembled the Council of Nice Some appointed by the King to sit in those Councils and supervise their actions Matt. Paris ad An. 1237. fo 447. ne ibi contra regiam coronam dignitatem aliquid statuere attentarent And Mat. Paris gives us the names of the Commissioners for that purpose in one of the Councils held in the time of King Hen. 3. And when any did otherwise he was forced to retract such Constitutions as did Peckham or they were but in paucis servatae Lyâ—dw de soro competent cap. 1. as were those of Boniface as Lyndwood ingenuously doth acknowledge No Synodical Decree suffered to be of force but by the King's allowance Eadmer fo 6.29 and confirmation In hoc concilio ad emendationem Ecclesiae Anglicanae assensu Domini Regis Gervas Dorobern An. 1175. fo 1429. Mat. Paris Hen. Huntingd Eadm passim Pat. 8 9 Johan R. m. 5.8 primorum omnium regni haec subscripta promulgata sunt capitula as Gervasius Dorobern informs us No Legate suffered to enter into England but by the King's leave and swearing to do nothing prejudicial to the King and his Crown All matters of Episcopacy determined by the King himself Eadmer 115.23 inconsulto Romano Pontifice No Appeals to Rome permitted None to receive Letters from the Pope Thorn Coll. 2152. Coke 3. Instit cap. 54.10.127 Hoveden Hen. 2. fo 496. without shewing them to the King who caused all words prejudicial to him or his Crown to be renounced and dis-avowed by the bringers or receivers of such Letters Permitted no Bishops to Excommunicate Eadmer fo 6.31 or inflict any Ecclesiastical censure on any Peer nisi ejus praecepto Caused the Bishops to appear in their Courts Addit Mat. Paris fo 200 to give account why they excommunicated a subject Bestowed Bishopricks on such as they approved Forent Wigorn An. 1070. fo 536. and translated Bishops from one See to another Erected new Bishopricks Godwin de Praef. Angl. So did King Hen. 1. An. 1109. Ely taking it out of Lincoln Carlile 1133. out of York or rather Durham Commanded by Writ Coke 2. Instit 625. Addit Mat. Paris fo 200. nu 6. the Bishops to Residency Placed by a Lay hand Clerks in Prebendary or Parochial Churches Ordinariis penitus irrequisitis as it is phrased in Matt. Paris By these and many other instances of the like nature exercised by our Kings it appears that the English ever took the outward Policy of this Church or Government of it in foro exteriori to depend on the King And therefore the writs of Summoning all Parliaments express the calling of them to be Pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus c. In the Reign of King Edward the first Broâ—k Tit. Praemunire pl. 10. A subject brought in a Bull of Excommunication against another subject of this Realm and published it to the Lord Treasurer of England and this was by the ancient Common Law of England adjudged Treason against the King his Crown and Dignity for which the Offendor should have bin drawn and hang'd but at the great instance of the Chancellor and Treasurer he only abjur'd the Realm King Edw. Trin. 19 Ed. 3. Fitzh Quare non admisit pl. 7. presented his Clark to a Benefice within the Province of York who was refused by the Arch-bishop for that the Pope by way of Provision had conferred it on another The King thereupon brought a Quare non admisit the Archbishop to it Pleaded that the Bishop of Rome had long time before Provided to the said Church as one having Supream Authority in that case and that he durst not nor had power to put him out who was possessed by the Pope's Bull. But for this high contempt against the King his Crown and Dignity in refusing to execute his Soveraign's commands against the Pope's Provision by Judgement of the Common Law the Lands of his whole Bishoprick were seized
purpose we must know that after the Power of the Bishops of Rome came to some consistency in the world and the Pope began to look upon himself as a spiritual Prince or Monarch he presently began to attempt to give Laws to Nations and People as a badge of his Soveraignty but then well knowing That ubi non est condendi authoritas ibi non est parendi necessitas he would not impose those Laws at first peremptorily upon all People but offered them timide and precario and in such places where he presumed they would find the freest reception and in order to this at first he caused certain Rules to be collected for the Order and Government of the Clergy only which he called Decreta and not Laws or Statuta and these Decrees as they were called were first published in the year 1150 in the raign of our King Stephen and whereas Sr. Edward Coke Sr Ed. Coke Pref. aâ— 8. Relat. in the Preface to the eighth Report sayes that Roger Bacon the learned Fryer saith in his Book de impedimentis Sapientiae That King Stephen forbad by publick edict that no man should retain the Laws of Italy then brought into England we may with some assurance intend it of these Decrees about that time compil'd and publish'd And these were received Keilways Rep. 7 Hen. 8. fo 184. and observed by the Clergy of the Western Churches only for those of the Eastern Churches would never admit these Rules or Canons Afterwards the Bishops of Rome attempted to bring the Laity also under the obedience of these Canons and for that purpose they first began with Rules or Canons about abstinence and dayes of Fasting to be observed by the Laity Maâ—sil Pat. lib. Defens Pac. pa. 2. c. 23 Durard Rat. Di. l. 4. c. 6 7. as well as Clergy which at the first institution were termed by that mild word Rogationes and thence the week of Fasting before the Feast of Pentecost came to be called Rogation week in regard this time of Abstinence was at first appointed by an Ordinance called Rogatio and not Praeceptum or Statutum When the Laity had swallowed this Ordinance of Fasting then De una praesumptione ad aliam transivit Romanus Pontifex as Marsil Pata hath it that is the Bishop of Rome proceeded to make and publish several other orders by the name of Decretals and these were published about the year 1230. An. 14 Hen 3. Mat. Paris in Hen. 3. fo 417. and made or proposed to bind all the Laity as well Princes as their Subjects in several matters relating to their Civil and Temporal concerns As That no Lay-man should have the Donation of Ecclesiastical Benefices That no Lay man should marry within certain degrees out of the degrees limited by the Levitical Law That all Infants born before Espousals should after Espousals be adjudged Legitimate and capable to inherit That all Clarks should be exempt from the Secular Power and divers more such like But then we must know that these Decretals so made were not intirely and absolutely receiv'd in all parts of Christendom but only at first in the Temporal Territory of the Pope which on that account is call'd by the Canonists Patria Obedientiae but wholly rejected in England France and other Christian Countreys which thence are sometimes called Patriae consuetudinariae as resolving to adhere to their old Laws and Customs As the Canon that prohibits Donation of Benefices per Laicam manum was always disobeyed in England France the Realm of Naples and divers other Countrys The Canon to legitimate Infants born before marriage was specially rejected in England when in the Parliament held at Merton Stat. de Merton An. 20 Hen. 3. Omnes Comites Barones una voce responderunt Keilway 7 H. 8. fo 181. b. Nolumus Leges Angliae mutari quae hucusq usitatae sunt c. The Canon that exempted Clerks from the Secular Power was never observed fully in any part of Christendom Infallible arguments that these Canons received not the force of Laws from the Court of Rome as if that had power to give Laws to all Nations without their respective consents but the approbation and usage of the People received them as they pleased partially and specially as to Places Times and parts of those Canons and for the same reason that some rejected one others did more and some all of them as Bodin says Bodin de Repub lib. 1. cap. 8. That the Kings of France upon erecting of their Universities there declare in their Charters that the Profession of the Civil and Canon Laws may there be receiv'd and used according to discretion but not to bind as Laws Now when the Bishop of Rome perceived that many of his Canons were embraced in several Countreys under colour thereof he claim'd Ecclesiastical Jurisdiction within those Realms with power to interpret and dispence with his own Canons and for that purpose sent his Legates about with Commissions to hear and determine causes according to those Laws which upon their first exhibition Marsil Pat. ut supr pa. 2. c. 23. as is before noted he durst not call Laws or Statuta ne committeret crimen laesae Majestatis in Principes as Marsil Patav observes who further says that these Canons inasmuch as they were made by the Pope neque sunt humanae leges neque divinae sed documenta quaedam narrationes But as is said when he perceiv'd they were allowed and used in part or in whole in divers Countreys they were revised digested and compil'd into Volumes and called Jus Canonicum and being appointed to be read and expounded in publick Schools and Universities they were commanded to be obeyed by all under pain of Excommunication with declaration of the Pope's power to interpret abrogate or dispence with them at his pleasure and thereupon the Canonists say Lib. 6. de Const cap. Licet Papa in omnibus pure positivis in quibusdam ad jus Divinum pertinentibus dispensare potest quia dicitur omnia jura habere in scrinio pectoris sui quantum ad interpretationem dispensationem In the 25th year of King Ed. 1. An Dom. 1297 Tho. Walsing Stow in hoc anno one Simon a Monk of Walden began first to read the Canon Law in the University of Cambridge and the year after it began to be read also in the University of Oxford in the Church of the Friers Praedicants and from that time got ground in England being sometimes admitted and sometimes rejected according to the Ebb or Flow of the Papal interest here but how really this Canon Law was an innovation and usurpation here it is sufficient but to peruse the Preamble to the Statute of Faculties Stat. 25 Hen. 8. cap. 21. and Dispensations made in the raign of King Hen. 8. to which the Reader is referred As another Branch of the Pope's power in the matters aforesaid we may observe that
And that of Vzziah a King indeed proclaming aloud both the sin and danger in trespassing beyond the stated and just bounds and limits in Religious Offices whilst under his usurped Pontifical Robes 2 Chron. 26.21 he wore a loaâ—hsome leprosie to his dying day as a most signal mark of the Divine vengeance for Exchanging his Scepter for a Censer to offer up unwarranted and noisome Incense But God be thanked neither of these is the case of our Kings who otherwise have taken f r their patterns divers other Noble Hâ—zekiah Jâ—siah c. vertuous and Religious Princes to whose Honour it is recorded how though they neither offered Sacrifice nor Incense yet that they cleansed the polluted Temple reformed the corrupted Religion and manners of their times and caused Judah and Jerusalem to serve the Lord. So ours never assumed to themselves a Power or Authority of Preaching Teaching binding or loosing in foro animae Administring the Holy Sacraments conferring Orders or any thing in particu ar properly annexed to those Orders But only in matters External that is of Jurisdiction external the last Branch of Ecclâ—siastical Authority and what belongs to the outward Polity of the Church they look upon it as their duty and honour to become Nursing Fathers to see that the true God be publickly worshipped to see that Atheists Polyâ—heists and all such as break the Moral and eternal Law be Corrected chastised and restrained upon which acconut it is often said that Rex est Custos utriusque Tabulae To see that good and wholesome Laws be made and established for the good government of the Church That both the Church and Church-men be regulated and defended in their respective Rights Possessions Interests and concerns and that such as do transgress the lawful constitutions of the Church be duely punished and to this purpose the Regal Office is thus described in King Edward's Law Rex Leg. Edv. Confes cap. 17. fo 142. quia vicarius Summi Regis est ad hoc est constitutus ut regnum terrenum populum Domini super omnia Sanctam veneretur Ecclesiam ejus regat ab injuriosis defendat Jo. Brompt Coll. 761 923. c. And much to the same purpose in those of Ina Canutus and others And hence it also is that in those Laws we often find the Prince extending his Commands unto the same things the Priest did his Exhortations And thus the premises considered it plainly may be collected wherein the formalis ratio of our King's Supremacy and Ecclesiastical Authority doth consist which being inherent in their Crowns they do and may at all times put in practice sine ulla labe Christianitatis and without praying the Aid of any forraign Power or Potentate whatsoever And further to anticipate all prejudice and Scandal in this matter Queen Elizabeth in the same year of the Restitution of Ecclesiastical Jurisdiction to her Crown did declare she did not challenge any other authority Admoniâ—ions annexâ—d unto the Injâ—â—ctions 1 El. then was challenged and lately used by King Henry the eighth and King Edward the sixth which is and was of ancient time due to the Imperial Crown of this Realm that is under God to have the Soveraignty and rule over all manner of persons within her Realms and Dominions c. And for the Oath of Supremacy appointed by the said Stat. 1 Eliz. whereby her Highnesse's Supremacy was Declared in the stile aforesaid It was Dâ—clared in a Statute made the next Parliament Stâ—t 5 El. Ca. 1. That the said Oath shall be taken and expounded in such form as is set forth in an Admonition annexed to the Q. Majesty's Injunction c. At which time also a Synod being held for avoiding of diversity of Opinions and establishing of consent touching true Religion c. It did expresly declare Artic. 37. That they did not give to our Princes the ministring of God's word or the Sacraments But only that Prerogative as is given in the Holy Scriptures by God himself viz. That they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil sword the stubborn and evil doers c. Stat. 13 Eliz. cap. 12. And thâ— Articles of this Synod were likewise confirmed by Parliament So that now no man need doubt but that all this was but acknowledgement that what our Kings and Princes had done in former Ages might lawfully be continued by their Royal Successors and that therein they did not usurp upon the Rights and Offices of others but only maintained their own and that all these Declaratory Supervening Statures passed and Enacted upon the most weighty Reasons of State were not Introductory of any new Law but only Assertory of the just Rights and Prerogative of the Kings and Crown of England Like as a Reformation once made in the ancient Roman Empire Jul. Capitolin vit Ant. 〈◊〉 by the Emperour Antoninus Philosophus is thus celebrated by Julius Capitolinus in his life Jus autem magis vetus restituit quam novum fecit Applicable as well to all the other points and branches of the Reformation here as to that of the King 's Ecclesiastical Jurisdiction But the clearing that I leave to the Divines And thus have taken a brief view only for much more might have bin added out of our authentick Records and Histories as of the ancient Rights of Kings and Princes in general so particularly of our own in matters Ecclesiastical How the same have for some time been suppressed and usurp'd upon by the Papal Faction but happily Vindicated and restored in these latter Ages In which affair no Country hath proceeded more regularly laudably or legally than this our Kingdom of England the Princes of the same as Supream within their own Dominions calling together their own Clergy and with their assistance and advice reforming the Church And what remains now but my submission and pardon for the presumption of this attempt upon my Soveraign's Supremacy seeing that Prince may be said in a manner to be deposed that is made the Subject of an usurping Pen. FINIS