partly also by incitation of flatterers that seeke to feed nourish Princes humours in that behalfe he began to lay his hands vpon Inuestitures of Bishops by giuing them Annalum baculum for their induction to their benefices saying that his Father and Brother before him had vsed and exercised the same But S. Anselme Archbishop of Canterbury newly retourned into England with other Bishops opposed himself against the same as a thing vnlawfull and condemned by the Canons of the Church and namely in the late Councell of Bary where himself was present as before hath byn shewed and this contention grew to be so stronge as the next yeare after being the third of K. Henryes raigne the said holy man was forced againe to appeale to Rome to Pope Pascalis and thervpon to leaue the land and once more to goe into Banishment where he liued three years going and returning often from Lions to Rome say Malmesbury Florentius and Houeden about this matter And the first of these three doth set downe diuers epistles of Pope Pascalis both to Anselme the Archbishop and to K. Henrie himself wherin he telleth him first why he could not graunt vnto him the authority of inuesting Bishops which by his letters sent by Clarke VVilliam he had demaunded saying Graue nobis est quia id à nobis videris expetere quod omnino praestare non possumus c. It greiueth vs much that you seeme to demaund at our hands that which no wayes we can graunt for if we should consent or suffer inuestitures to be made by your Excellency it would turne no doubt to the exceeding great daunger both of you and me before God c. Secondly he exhorteth him earnestly to admit S. Anselme to his Bishopricke and fauour againe Prospice fili Charissime vtrum dedecus an decus tibi sit quod sapientissimus religiosissimus Episcopus Anselmus propter hoc tuo lateri adharere tuo veretur in Reguo consistere Qui tanta de te bonae hactenus audierant quid de te sentiant quid lequentur c. Consider my most deere child whether this be an honour or dishonour vnto you that so wise and religious a Bishop as Anselmus is should feare for this cause to liue with you or to remaine in your Kingdome What will men thinke or say of you who hitherto haue heard so great good of your proceedings Thus he and much more which for breuity I omit from his pallace of Lateran vpon the 9. day before the Kalends of December 11. But not long after to wit vpon the yeare 1106. which was the sixt of K. Henryes raigne he being in some difficultyes in Normandy in respect of the warrs he had there against Duke Robert his brother and many great men that tooke his parte and perceiuing great discontentments to be likewise in England as well 〈◊〉 regard of the absence of their holy Archbishop Anselme as of the greiuous exactions which he had made vpon them Non facâ—â—â— potest naerrari miseria saith Florentius quam sustinuit isto tempore â—errâ— Anglorum propter exactiones Regis The miserie can hardly be declared which England did suffer at this time by the Kings exactions All these things I say being laid togeather God mouing his heart to turne to him for remedy he thought best to goe to the monastery of Becke in Normandy where Anselme remayned in continuall fasting and praying for his amendment And there agreeing with him to stand no more in these matters of Inuestitures or any other spirituall iurisdiction he willed him to returne securely into England to pray for him in his Archbishopricke and so he did 12. And this being vpon the Assumption of our B. Lady to wit the 15. of August the K. confident now of Gods fauour as it seemeth vpon this agreement gathered presentlie an armie against his enemies vpon the vigil of S. Michael next ensuing entring battaile with them had a singular victorie tooke therin both Duke Robert his brother VVilliam Earle of Morton Robert Earle of Stutauill VVilliam Crispin and all the head Captaines of Normandy with them wherof presently the King wrote letters of ioy to Archbishop Anselme in England saith Florentius And the next spring abouâ— Easter returned into England with the said prisoners and left Normandy wholie gained vnto him and to his Successours 13. And vpon this he calling togeather vpon the first of August and 7. yeare of his raigne all his Lords both spirituall and temporal consulted for three daies togeather with them not admitting S. Anselme to that consultation least his authoritie might seeme to haue ouer-borne the matter what it was best to doe in that case of inuestitures which he had before vsed albeit diuers saith Florentius did exhorte him not to obey the Pope in this but to retaine the vse which both his Father and brother had practised yet others alleadging the Censures both of Pope Vrbanus and Pascalis against the same and that they left vnto the King all other priuiledges and regalityes the King on the 4. day causing Anselmus to be present Statuit saith Florentius vt ab eo tempore in reliquum nunquam per dationem baculi pastoralis vel annuli quisquam 〈◊〉 Episcopatu aut Abbatia per Regem vel quamlibet laicam manum in Angliâ— inuestiretur The King with his Counsell did decree for that time forward that no man in England should be inuested of any Bishopricke or Abbey by the King or by any lay mans hand or power with giuing him the pastoral staffe or ring as sometymes had byn accustomed And this was done in obedience of the Canonicall constitution made in the Councell of Bary against such inuestitures as we haue declared 14. Aud thus was that controuersie ended which was the only controuersie of importance that this K. Henry had with the Sea of Rome during the tyme of his raigne which Malmesbury then liuinge recounted as done of conscience saying Inuestituras Ecclesiarum post multas controuersias inter eum Anselmum Deo Sancto Petro remisit Hee did release againe to God and to S. Peter the Inuestitures of Churches after many controuersies had there about with Anselmus Which he did perfourme so syncerely from his heart as afterward Anselme being dead and he marrying his only daughter Maude to the Emperour Henry the 5. vpon the yeare 1114. he seemeth to haue induced his sonne-in-law the Emperour to remit also the said inuestitures to Pope Calixtus for which his Father and grand-father had held so longe and scandalous broyles with the precedent Popes yea and himself also that is to say this Emperour Henry not long before going to Rome with a mayne army had taken prisoner and held for certayne dayes Pope Paescalis that sate before Calixtus therby to force him to graunt and confirme the said Inuestitures which now vpon a better mynd he gaue ouer againe For this I
note more diligently such matters doe in great parte faile vs. For that Mathew of VVestminster endeth with King Edward the first as the other Mathew Paris before him did with this mans father K. Henry the third and Roger Houeden before him againe with K. Iohn and VVilliam Nubergensis Petrus Blesensis before them with K. Richard â— VVilliam of Malmesbury Henry Huntington as also Florentius VVigorniensis with his continuance made an end of their historyes partly vnder K. Stephen and partly vnder K. Henry the first so as now downe-ward from this King Edward the second we shall only haue Raynulph of Chester and Thomas VValsingam for the most ancient writers of this time that doth ensue who yet are nothing so copious or diligent as diuers of the former 41. This Edward therefore second of that name and surnamed of Carnaruan for that he was borne in that towne of VVales when his Father lay with an army in those partes to reduce that countrey to subiection as he did who being of the age of twenty three yeares when his father dyed vpon the borders of Scotland in the yeare 1307. receauing two speciall things in charge saith VValsingam from his Father vnder paine of his curse The first that the should prosecute presently and end the enterprize began against Scotland before he went to London or procured to be crowned the second that he should not touche or waste but send to the holy land a certaine summe of money which his said Father had layed togeather for the assistance of that warr to the which he had purposed to goe himself in person if he had liued Wherevnto Iohn Stow addeth a thirde in these wordes His father charged him on his curse that he should not presume to call home Pierce of Gaueston by common decree banished without common consent c. Notwithstanding all these admonitions and threats this careles young Prince performed no one thing of the three but got himself presently into France and there was married in Bullen vnto Lady Isabell only daughter of Philip the fourth surnamed the faire King of France and in that marriage and triumphe therof spent the foresaid money which prospered afterwarde accordingly for that this marriage and wife was the cause and occasion not only of his ouerthrow and miserable ruine but of all the warrs in like manner that ensued for many yeares after betwene France England For that shee being the only daughter and heire as hath byn said to the King of France her sonne Edward the third in her title began first the said warrs which brought finally the losse not only of that which was gotten of new but of all the rest that we had before in France and shee taking a deepe disgust with her said husband for his disordinate affection to Pierce Gaueston whome presently after his fathers death he recalled from banishment the two Spencers and others misliked by her and the greater parte of the Realme shee finally after many troubles warrs insurrections and great store of Noble-men cut of and destroyed on both partes preuailed against the said King her husband and hauing on her side the authority of her young sonne the Prince and all his followers did put downe the said King depriued him of his crowne sett vp her young sonne in his place committed the other to prison where soone after he was pitifully murthered And these are the varietyes of worldly fortunes these the frailtyes and vncerteintyes of earthly Greatnes And where King Edward placed all his pleasure from the same spring issued forth the beginning and progresse of all his miserie 42. But as for his religion and iudgement therein notwithstanding all other his errours in life and behauiour that it was constantly Catholicke according to that which he had receaued and inherited from his Ancestours no doubt can be made at all For that the whole State of his realme touching Ecclesiasticall affaires remained as he found it and as it had continued in the tymes of his progenitours and that the Bishops of Rome had generall authority ouer England in his dayes not only in meere spirituall iurisdiction which all the Bishops of England professed to receaue from him but also in externall disposing when he would of Bishoprickes and other Prelacies notwithstanding all the complaints made in his Fathers and Grand-fathers tymes about that matter may be made euident by many examples 43. For first we reade that in the yeare 1311. when Pope Clement the fifth in a Councell at Vienna in France vpon many graue and vrgent causes as was pretended alleadged did put downe the whole order of knights called Templarij for that their first institution was to haue care to defend the Temple of Ierusalem against infidells and did appoint their lands which were many and great to be giuen to an other newer order which then begun named Hospitalary for that they had the care of the hospitals wherein Pilgrims were receaued which now are the knights of S. Iohn of Malta albeit this matter were of such importance and consequence for that the persons were many and of nobility and their possessions great as hath byn said yet was that Decree obeyed in England without resistance and the persons depriued and put to perpetuall pennance in a Councell at London anno 1311. and their said lands and goods giuen to the other sorte of knights and confirmed by Parlament in London 13. yeares after to wit in the yeare of Christ 1324. which was the 17. of King Edwards raigne as VValsingam and others doe testifie which well declareth what the Popes authority was at that day in England 44. Againe we reade that in the yeare 1319. which was the 12. of this Kings raigne great warre being betwene England Scotland King Edward had procured that Pope Iohn the 22. should send two Cardinall-Legates into England to examine the matter how it stood and to punish by Ecclesiasticall Censures that party that should be found stubborne and repugnant to reason Wher vpon finally hauing heard both sides and finding Robert Bruse King of Scotland to haue offered iniuryes to the King of England they pronounced sentence of excommunication against him and put the whole Kingdome vnder interdict For releasing wherof the said King Robert and the State of Scotland 4. yeares after sent a solemn embassage to the Pope to wit the Bishop of Glasco Earle of Murray which being vnderstood by King Edward he sent also a messenger on his behalfe to contradicte the same And albeit him Embassadour saith our Story in dignity were but a simple Priest yet so many reasons and accusations he alleadged against themâ— or K. Edward and his câ—uâ—e as the Scottish Embassadours â—â—ld obteyne no release at that time And this for the Popes auâ—â—â—â—â—â—y in those dayes for publicke affaires 45. But as for priuate matters of England especially the disposing of Bishoprickes confirmation inuestitures of all Bishops 〈◊〉
reward in the life to come for it And so much of this 14. But now to passe to another consideration about the same King it seemeth to me that nothing sheweth more this Kingâ— true affection deuotion and confidence towards the Pope and Sea of Rome then his owne recourse thervnto in his greatest affliction before mentioned of the conspiracy of his wife and children against him For then he wrote a very lamentable letter vnto Pope Alexander beginning thus Sanctissimo Domino suo Alexandre Dei gratia Catholicae Ecclesia Summo Pontifici Henricus Rex Angliae c. Salutem deuotae subiectionis obsequium In which letter among other things he saith thus Vbipleniorem voluptatem contulerat mihi Dommâ—â— ibi grauius me flagellat quod sine lachrymis non dico contra sanguineâ—â—â—eum viscera mea cogor odium mortale concipere c. Where God hath giuen me greatest pleasure and contentment there doth he most whip me now and that which without teares I doe not speake vnto you I am constrained to conceiue mortall hatred against my owne bloud and my owne bowels My freinds haue left me and those of myne owne house doe seeke my life this secret coniuration of my wife and children hath so intoxicated the minds of all my most familiar freinds as they prefer their traiterous obedience to my sonne and would rather beg with him then raigne with me and enjoy most ample dignities c. Abseâ—â— corpore presens tamen animo me vestris aduolno genibus I being absent in body but present in mynd with you doe cast my self at your knees Vestrae iurisdictionis est Regnum Angliae c. Experiatur Anglia quid possit Romanus Pontifex The Kingdome of England is vnder your iurisdiction Let England learne by experience what the Bishop of Rome can doe Promitto me dispositioni vestra in omnibus pariturum I doe promise to obay your disposition in all hings 15. Thus he wrote at that tyme with teares as you haue heard wherewith Pope Alexander being greatly moued sent commaundement to Richard Archbishop of Canterbury to write earnestly vnto K. Henry the sonne to recall him from his rebellion vnder paine of excommunication as before we haue shewed And this confident recourse of K. Henry to the Pope in so great an affaire declareth well the opinion he had of his authority And conforme vnto this were all the rest of his actions and doings concerning Ecclesiasticall iurisdiction when he was out of passion and perturbation acknowledging none at all in himself but only from the Sea Apostolike And heervpon he fouuded the security of all his hopes by his first marriage with the Queen Eleanor as hath byn said whose diuorce from King Lewes was vpon the Popes sentence declaringe the same to be inualide and no marriage at all by reason that they were married within degrees of consanguinity prohibited by the Church 16. And soone after this againe about the 6. yeare of his raigne the same King as Stow relateth procured dispensation of the said Pope by his Legat-Cardinalls Henricus Pisanus and Gulielmus Papionensis to make a marriage between Henry his eldest sonne of seauen years old and Margaret the French Kings daughter that was yet but of three years old which he would not haue done by all likelihood with so manifest perill of his whole succession therby if he had either doubted of the Popes authority therin or presumed of his owne 17. And not many years after this againe the said King being very desirous to remoue from the Church of VValtam in Essex certaine secular Chanons that liued not with edification and to place in their roome regular Chanons presumed not to doe it of himself or his owne authority which yet might seeme a small matter but by the authority of the Pope Rex saith Houeden ex authoritate Domini Papae instituit in Ecclesia de VValtham Canonicos regulares The King did appoint regular Chanons in the Church of VValtham by the authority of the Pope And the same doth testifie VValsingham vpon the yeare 1177. that it was done in the vigil of Penticost Authoritate Summi Pontificis sub praesentia Regis By the authority of the Bishop of Rome the King being present at the doing 18. And the same VValsingham two years after that againe doth record another iudiciall Act of the said Pope Alexander in England which is that he exempted from the obedience of the Archbishop of Canterbury Roger that was Prior of the monastery of S. Augustine in the same Citty which had byn subiect to him saith he for fiue hundred years before And it is probable that neither the King nor Archbishop did like thereof but could not let the same 19. And finally to goe no further in this matter of this Kings obedience and deuotion towards the Church when he was out of choller and passion and free from such other perturbations as did draw him stroÌ„gly oftentimes to the doing of certaine things which after he repented I shall end with one shorte narration only of the foresaid VValsingham or a strange extremity and aduersity of fortune from which God deliuered him at one tyme by means of his deuout mynd towards the blessed Martyr S. Thomas of Canterbury vpon the year 1174. which was three yeares after his said martyrdome at what time the Kings state was this as partly before you haue heard Lewys King of France coÌ„ioyning himself with Henry the third King of England and the rest of his brethren against their Father pressed him sore with great armies in Normandy and other partes of his Dominions in France And at the very same time his wife Queen Eleanor in England conspiring with her said sonnes incited by her example many other Princes and noblemen to doe the like who raised diuers rebellions And besides all the rest VVilliam King of Scotland came in with a great Army on the North-side and Philip Earle of Flaunders was entered with another on the South-side At which time K. Henry seeing himself in these straites and not well knowing what to doe yet resolued at the length to passe from Normandy into England and first to succour the principall parte But being on the Sea there arose such a tempest as seing himself in great daunger Erectis in caelum luminibus saith VValsingham lifting vp his eyes to heauen he desired God that saw his intention to be mercifull vnto him as his meaning and purpose was to seeke the peace both of the Clergy people of England c. And God saith our Author admitted presently the prayer of this our humbled King and brought him safe to Hampton-port with all his people who from that day forward giuing himself to pennaunce vsed saith he a very thinne diet to wit bread and water only and casting of all temporall cares nor entring into any one Citty as he went by the way neuer ceased vntill he came to
what agreements haue byn made these dayes publikely betweene the excellent Lord Tancred King of Sicilie and vs. And then after recitall of all particularityes he endeth thus testibus nobisipsis vndecimo die Nouembris apud Messanam We our selues being witnesse of this agreement the eleuenth day of Nouember at Messina 32. But when K. Richard soone after departing thence was arriued in Asia and had begun most prosperously his warrs against the Infidels the Deuill enuying his good successe stirred vp first seditioÌ„ in England by means of Iohn the Kings brother who perceiuing diuers to enuy the Greatnes of the Bishop of Ely left gouernour by the King and some Bishops also to be in faction against him began to make great stirs And on the otherside the same enemy of mankind castinge ielousies betweene K. Philip of France and the said King Richard did seperate them at last whervpon ensued the returne of the said King Philip with intention to inuade King Richards Dominions and to set vp his brother Iohn in his place as the sequele declareth 33. But Pope Celestinus the 3. that had succeeded in the place of Pope Clement lately deceased vnderstanding of the former conspiracie and faction against the Bishop of Ely in England wrote a vehement letter against the same to all the Archbishops Bishops and Clergie of England saying among the rest Cum dilectus in Christo filius noster Richardus c. wheras our deerly-beloued soÌ„ne in Christ Richard noble King of England when he resolued by taking vpon him the signe of the Holy crosse of Christ to reuenge the iniury of his redeemer in the Holie land left the tutele and care of his Kingdome vnder the protection of the Sea Apostolicke we that haue succeeded in that Sea haue so much the more obligation to coÌ„serue the State of the said Kingdome the rights and honours of the same by how much greater confidence he placed in our protection and thervpon hath exposed his person riches and people to greater perils for exaltation of holy Christian religion c. Wherfore vnderstanding of certaine troubles lately moued by Iohn Earle of Morton and certaine others combined with him against your honourable Father VVilliam Bishop of Ely Legat of the Sea Apostolicke and Gouernour of your Realme Vniuersitati vestrae per Apostolica scripta mandamus in virtute obedientiae praecipimus c. We doe by these Apostolicke writings giue commaundement to your whole community Realme and charge the same in the vertue of obedience that all men surcease from like practise of conspiration turmoyle or faction c. giuen at our pallace of Lateran the 4. day before the Nones of December in the first yeare of our Popedome And by this you may see what authority he tooke himself to haue ouer all England and Bishops and Princes therof at that day 34. The which is yet more declared by that which soone after ensued for that the foresaid Earle Iohn and other Lords and Bishops combininge themselues with him hauinge proceeded yet further in that quarrell by coÌ„mon consent of all the Realme as it seemed depriued the said Bishop of Ely of his office of Gouernour imprisoned him and driuen him out of England and elected in his roome VValter Archbishop of Roane for gouernour of the Realme they were no lesse carefull to send presently to excuse iustifie the matter vnto Pope Celestinus then they 〈◊〉 to the King himself for his satisfaction All which appeareth by a large letter written from Rome to the said Archbishop by his agents that were there who aduertized him how euill the matter was taken by the said Pope Celestinus Dominus Papa say they in restri depressione negotij plurima indignanter cum amaritudâ—ne proponebat c. The Pope did propose very many things with indignation and amaritude of mind to the depression of your affaire iterating many tymes that he knew the great affection confidence of the King of England towards his Chauncelour and Gouernour the Bishop of Ely and that he had seen many letters of the said King in his commendation but none against him that at his earnest instance the Sea Apostolike had made him also Legat à latere And that finally he absolued him from the sentence of excommunication which the said Archbishop of Roâ—â— had laid vpon him and for the rest he would expect the Kings inclination who being soone after taken prisoner in Germany sent presently for the said Chauncellour to come vnto him and made great vse of him for he was not only his interpreter betweene the Emperour and him and other Princes but he sent him also into England not as Chauncellour or Gouernour but as Bishop of Ely to lay the plot for his ransome 35. And I might recount many other examples of the same iurisdiction exercised in England by the same Pope without contradiction of any man in the absence of the said King though Earle Iohn the Kings brother was present and very potent amoÌ„g them and no great freind to the Pope as by the former letter may be imagined and who finally did driue out of England the said Bishop of Ely but yet neuer obiected or put doubt in the Popes authority about any Ecclesiasticall matter that there fell out As for example vpon the yeare 1191. which was the very next after the Kings departure Nubergensis liuinge at that time recounteth how Geffrey the Kings base brother hauing byn longe beyond the seas suing at Rome to be admitted to the Archbishopricke of Yorke and to haue his Pall which Pope Clemeâ—â— would not graunt for diuers obiections and appealles made against him as well by Baldwyn Archbishop of Canterbury as you haue heard as also by others and namely the Bishop of Ely that was Gouernour of the land being much against him yet now vpon King Richards commendation and his owne many 〈◊〉 promises Pope Celestinus so much fauoured him saith Nubergensis as he gaue him his pall before he was consecrated and sent him to be consecrated by the Archbishop of Towers in France commaunding him vt ei non obstante vel appellatione vel occasione qualibet manus imponeret that he should by imposition of hands coÌ„secrate him notwithstanding any appellation or other occasion whatsoeuer to the contrary And so he did and he came into England and tooke possession of the said Archbishopricke and enioyed the same by this authority of consecration and inuestiture from Pope Celestinus notwithstanding all the contradiction and opposition of his potent aduersaryes as in the same Author at large is set downe 36. And when not longe after this againe the said Archbishop Geffrey requiring Canonicall profession of obedience to be made to him and his Sea accordinge to custome at the hands of Hugh Bishop of Durham who had purchased before of King Richard an Earl-dome to be annexed to his said Bishopricke and that the said Hugh refusing to doe the same vpoÌ„
pretence of many causes appealed therein to the Sea of Rome the Archbishop not admitting the same appeale pronounced notwithstanding sentence of excommunication against him Celestinus the Pope not only reuoked the said sentence but exempted moreouer the said Bishop Bishopricke from the obedience of the said Archbishop and Archbishopricke of Yorke as the same author relateth So as in this he shewed his authority in England 37. But now let vs passe to K. Richard himself who being valiantly occupied in the warres against the Infidels and enemies of God in Asia had many crosses fell vpon him First the falling out and departure of K. Philip of France from that warre as you haue heard who returning into France began to treat presently with Earle Iohn to trouble the peace of his brothers territoryes and the principall point that combined these two togeather against King Richard besides the enuy of the one and ambition of the other was that both of them were afraid least Prince Arthure Earle of Brittany sonne to Geffrey Iohns elder brother should succeed in the Kingdome of England if any thing should happen to King Richard and so the Bishop of Ely had giuen out that King Richard himself had written from Sicily which point was much feared as preiudiciall to them both Whervpon they made a fast league and began on both sides of the Sea to trouble the State which when K. Richard vnderstood and that Pope Celestinâ—◠〈◊〉 his letters and other diligence could not stay them and that 〈◊〉 grew into sedition at home by partes-takinge he was forced sorely to his greife and to the publicke lamentation of all Christendome to leaue that warre and to abandon the victorie that was euen now almost in his hand if he had stayed as the euent also shewed for that soone after dyed the Saladine by whose death there was no doubt but that King Richard had recouered Ierusalem 38. But he returning for defence of his owne countrey fel into great misery For being taken as hath byn said by Duke Leopold of Austria vpon pretence of certaine iniuries receiued from him his people in the warres of Asia he was deteined by him and by the Emperour Henry the 6. more then fifteen moneths prisoner and forced to paie in the end aboue two hundred thousand markes for his ransome partly in present money and partly in pawnes and pledges left for the same And so after foure yeares absence the said King returned 39. But in this tyme of his captiuity his chiefest comforte and refuge was in the assistance of the said Pope Celestinus as may well appeare by the sundry letters of many written vnto the said Pope in his behalfe but especially and aboue others of the afflicted Lady and Queen his mother Eleanor who wrote three large letters vnto him by the pen of Petrus Blesensis Archdeacon then of London that had byn Secretary to her husbaÌ„d K. Henry the second and she beginneth one saying thus Sanè non multum ab insania differt dolor Sorrow truly doth not much differ from madnes And then Gentes diuulsae populi lacerati prouinciae desolatae in spiritu contrito humiliato supplicant tibi quem constituit Deus super Gentes Regna in omni plenitudine Potestatis These nations heer deuided in their owne bowels by absence of their Prince this people torne and broken in themselues these desolate prouinces doe in a contrite and humbled spirit make supplication to you whom God hath placed ouer Nations and Kingdomes in all fullnesse of power And then againe Moueat te Summe Pontifex etsi non huius peccatricis infalicissimae dolor saltem clamor pauperum compeditorum gemituâ— interfectorum sanguis Ecclesiarum spoliatio generalis denique pressura sanctorum Be you moued ô high Priest if not with the sorrow of mee a most vnfortunate sinner yet with the cry of poore men with the groanes of them that are in fetters with the bloud of them that are heere slaine with the spoyling of Churches therof ensuing and with the generall oppression of all holy people And yet further Duo filij mihi supererant ad solatium qui bodie mihi misera damnatae supersunt ad supplicium Rex Richardus tenetur in vinculis Iohannes frater ipsius regnum Captiui depopulatur ferro vastat incendijs Two only children of many remained vnto me for my comforte which now are vnto me most miserable and damned woman become a torment King Richard is held captiue in chaines and Iohn his brother doth spoile by sword and fire the said captiues Kingdomes and dominions 40. This and much more to the same lamentable effect wrote this afflicted mother vnto Pope Celestinus in those dayes requesting him by Ecclesiasticall censures to compell both the Emperour and Duke of Austria to set her sonne the King at liberty And to this effect hath she many vehement speaches exhortations vnto him as for example Nonne Petro Apostolo saith she in eo vobis à Deo omne regnum omnisque potestas regenda committitur Benedictus autem Dominus qui talem potestatem dedit hominibus non Rex non Imperator aut Dux à iugo Vestrae Iurisdictionis eximitur Vbi est ergo Zelus Phinees vbi est authoritas Petri c. were not all Kingdomes and was not all power and gouernment committed by God vnto Peter the Apostle and in him to you Blessed be our Lord that gaue such authority vnto men No King no Emperour no Duke is exempted from the yoke of your Iurisdiction And where is then the Zeale of Phinees where is the authority of Peter c. 41. And againe in another epistle Illud restat vt exeratis in malesicos Pater gladium Petri quem ad hoc constituit Deus super gentes regna Christi crux antecellit Caesaris Aquilas gladius Petri gladio Constantini Apostolica Sedes praeiudicat Imperatoria potestati Vestra Potestas à Deo est an ab hominibus Nonne Deus Deorum locutus est vobis in Petro Apostolo di cens Quodcunque ligaueris super terram erit ligatum in caelis quodcunque solueris super terram erit solutum in caelis Quare ergò tanto temporetam negligenter immò tam crudeliter filium meum soluere defertis aut potius non audetis Sed dicetis hanc potestatem vobis in animabus non in corporibus fuisse commissam Esto Certè sufficit nobis si eorum ligaueritis animas qui filium meum ligatum in carcere tenent Filium meum soluere robis in expedito est dummodo humanum timorem Dei timor euacuet This only remaineth ô Father that you draw forth the sword of Peter against malefactors which sword God hath appointed to be ouer nations and Kingdomes The Crosse of Christ doth excell the Eagles that are in Cesars banners the spirituall sword of â—â—ter is of more power then was the
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
our whole former discourse you haue seen 33. But now let vs contemplate a little the last conclusion of M. Attorney vpon this narration Now to commaund saith he and to be obayed belongeth to soueraigne and supreme gouernement which we deny not in the sense wherin it may be true that is to commaund and to be obaied in temporall matters belongeth to soueraignty in that kinde and to commaund and be obaied in spirituall matters belongeth to soueraignty in those affaires wherof you haue heard many examples concerning the Sea of Rome before alleadged But for the King and his temporall officers to demaund a certificate from the Bishops Court for the Statute vsed not the word of cōmaunding or obaying to let them know thereby what the Bishops sentence and iudgement is to the end they may frame theirs accordingly this by M. Attorneys leaue is no commaunding in the iurisdiction it self of spirituall affaires and consequently inferreth no Ecclesiasticall soueraignty And if he be not satisfied by that which we haue already alleadged out of the raigne of K. Henry the third of spirituall soueraignty acknowledged by him and all his Realme in the Sea of Rome but would see further some examples in particular of the same soueraignty or superiority at least vsed and practised by the Bishops of England towards the King himself and Realme in that kind let him consider these examples following besides the former 34. When K. Henry the third vpon the 16. yeare of his raigne falling out with Hubert de Burgo Earle of Kent that had byn his great fauourite high Iusticer for many former years cast him into prison and he escaping fled to a certaine Chappel for Sanctuary from whence the King had caused him to be drawne forth Roger Bishop of London for that it was in his Diocesse came vnto him and said that except he caused him to be restored to the place of Sanctuary againe Ipse omnes huius violentiae authores excommunicationis sententia innodaret He would bind all the authors of this violence vsed by the sentence of excōmunication And what followed of this Did the King deny his authority or say that he was not vnder his iurisdiction or that himself had supreme authority and iurisdiction ouer the Bishop in that case as he might haue done according to M. Attorneys assertiō No For the words of Mathew Paris immediately following are these Rex autem licet inuitus reatum suum intelligens remisit Hubertum ad Capellain vbi captus suerit à militibus armatis restituitur ab ijsdem quint◠Calendas Octobris The King though against his will perceiuing his owne fault sent backe Earle Hubert to the Chappell againe where he was restored vpon the fifth day before the Calends of October by the same armed souldiars that had drawne him from thence And the same Author addeth that the Kings anger was so great as he commaunded the Earles of Hartford and Essex to set souldiars about the said Chappell that no meate might be giuen him vntill he rendred himself And not many dayes after this the said Earle Hubert being carried from that Chappel vpon composition vnto the castle of Vise in the Diocesse of Salisbury he by help of two souldiars that kept him escaping thence got into a Parish Church neer by out of which being taken by the Kings officers Robert Bishop of Salisbury excommunicated them altogeather with their aiders and defenders and then went to the King in companie of other Bishops to denounce vnto him the said sentence who after much resistance yeelded saith our Author Et in eadem Ecclesia concedente sed inuito Rege remissus est 15. Calend Nouemb. And so the said Earle Hubert was sent backe againe out of the said Castle vnto the Church the King yeelding thervnto though against his will vpon the 15. day before the Calends of Nouember in the yeare 1232. 35. The next yeare after this againe the forsaid Roger Bishop of London hauing been at Rome returned to Douer found there VValter Bishop of Carleile in his iourney towards Rome hauing appealed to the Pope against K. Henry for certaine iniuries offered him and to his Church as he pretended and albeit the King did not let or forbid his repaire to Rome yet shewing himself much displeased therewith his officers at the port handled him verie discourteouslie and denied him passage without the Kings licence which the said Bishop of London seeing excommunicated all the Kings officers that had parte in that violence and then going to Hereford where the King at that time lay with a great army to inuade VVales and taking certaine Bishops with him they tolde his Maiesty of the abuse committed Which when the K. seemed not to care for or not willing to redresse they renewed there againe in the Kings presence the sentence of excommunication against the said malefactors and all those that assisted or fauoured them Non mediocriter Rege murmurante saith our Author ne talem ferrent sententiam prohibente The King not a little repinning and forbidding them to pronounce any such sentence So as heere we see commaunding without obaying in spirituall matters meeteth with M. Attorneys conclusion that to commaunde and to bee obaied belongeth to soueraignty and supreme gouernement 36. And yet further the next yeare ensuing which was the 18. of K. Henries raigne the King being highlie offended with the Earle Marshall of England for entring into a certaine Castle of his owne by force Praecepit Episcopis cunctis vt Mariscallum nominatim excommunicarent Sed illi è contrae communiter dixerunt Indignum esse quia Castellum quod suum fuit occupauit The King commaunded all the Bishops being gathered togeather in Parlament to excommunicate by name the Earle Marshall But they answered him with one voice to the contrarie that hee deserued it not for so much as he had taken but his owne Castle And heere againe we see cōmaunding without obaying in spiritual affaires And if the King had thought himself to be supreme in Ecclesiasticall authoritie he might haue excommunicated the Marshall himself without depending of his Bishops 37. And a few dayes after this againe vpon the yeare 1234. the holy man Edmund that afterward was canonized for a Saint being consecrated Archbishop of Canterbury at which consecration the King himself was present with his nobility and 13. Bishops as our Author recounteth the said Archbishop after his consecration consulting with the said Bishops nobility about the pittifull State of the Realme deuided in it self by the Kings euill gouernment that followed the counsaile of Pictauians and other strangers the said Archbishop went to the King laid the inconueniences before him humbly besought him to take the true remedy which was to dismisse those strangers and if he would not he should be forced to vse Ecclesiasticall Censures against them Et ipse in cōtinenti cum omnibus qui aderant Praelatis in
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
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
and brought into vse how far the execution of ech parties authoritie should be extēded in certaine inferiour things that might seeme either mixt or doubtful as by many examples both in France Spaine Sicily Naples Flaunders England and other countreys may be declared Whervpon notwithstanding daylie wee see sundry difficulties sutes and controuersies to arise 41. Some States also and Catholike Kingdomes haue made certaine Decrees or Restraints at sometimes de facto whether rightfully or noe I will not now dispute for preuentinge and remedyinge some pretended inconueniences in the exercise of certaine points of the Popes Authority within their said Realmes Some other also pretend to haue done the same with indult consent transaction or conuiuency of the Pope himself But none of all these which is the mayne pointe did euer deny or call in question the said Authoritie it self as after shall appeare but rather did many wayes acknowledge and confesse the same and of this kind of Restrictions or Interpretations are the most part of these few peeces of Decrees and Statutes Customes Laws or Ordinances that M. Attorney doth alleadge which make nothing at all for the proofe of his mayne question that our English Kings before and after the Conquest did take vpon themselues supreame Spirituall Authoritie as deriued from the Right of their Crowne nay rather they make fully against him for that the very manner of making these restraintes first by way of supplication to the Popes themselues as after shall be shewed and then by domesticall ordinances doth well declare what opinion the said Princes had of that power to be in the said Popes not in themselues And this is so much as needeth to be said in this place for a generall light to the whole matter Now shall we passe ouer to treat of the particular occasion wherevpon M. Attorney thought good to ground his whole discourse of Q. Elizabethes Ecclesiasticall Authoritie as presently shall be declared THE PARTICVLAR STATE OF THE CONTROVERSY VVith M. Attorney concerning the late Queens Ecclesiasticall Povver by the auncient laws of England deduced out of the case of one Robert Caudery Clerke CHAP. III. MAister Attorney for preamble or entrance to his designed Argument against recusant Catholicks for that to be his purpose the end of his booke declareth he setteth down a pittifull case of one Robert Caudery Clerke depriued of his benefice or parsonage of North-looffennam in Ruland-shire by the Bishop of London as high Commissioner with consent of some of his associates authorized in Causes Ecclesiastical by a Commission of the late Queene graunted by her letters Patents the nynth day of December in the 26. yeare of her Raigne I doe call the case pittifull not so much in respect of the poore man depriued and vexed as after shall appeare but much more of the publike partiality appearing to haue been vsed against him by sway of the tyme and by such men as occupied the place of Iustice. You shall heare how the Case passed and iudge therof your selues 2. This Caudery in the Terme of S. Hilary saith M. Attorney in the 33. yeare of the raigne of Q. Elizabeth brought an action of trespasse against one George Atton for breaking of his cloase in North-looffennam aforesaide vpon the 7. day of August in the 31. yeare of the said Q. But Atton pleaded not guyltie and the Iurie found that the said Cauderie had been depriued of that benefice in parte wherof the Cloase was broken by a sentence of the said Bishop of London Cum assensu A. B. C. D. c. Collegerum suorum For that he had preached against the Booke of Common-praier and refused to celebrate diuine seruice according to the same 3. Heerupon it came in question how and by what Authoritie the said Bishop of London had giuen his sentence either rightfully or wrongfully And first it was alleadged by Cauderyes Coūsell that the Authoritie of commission giuen to him to witt to the forenamed Bishop of London and certaine others his Colleags by the foresaid Q. Elizabeths letters Patents was only founded vpon a Statute made in the first yeare of her Raigne by which it was enacted That such Iurisdiction Ecclesiasticall as by anie spirituall or Ecclesiasticall power hath heertofore been or may lawfully be exercised for the visitation of the Ecclesiasticall estate and persons and for the reformation order and correction of the same and of all manner of errours heresies schismes abuses offences contempts and enormities within this Realme should for euer be vnited and annexed to the Imperiall Crowne of this Realme And that her highnes her heyrs and Successors should haue full power and Authoritie by vertue of that Act by letters Patents vnder the great Seale of England to assigne nominate and authorize such persons being natural borne subiects as her Highnes her heirs or Successours should thinke meet to exercise and execute vnder her highnes her heyrs and successours all and all manner of Iurisdiction Priuiledges and Preheminences in anie wise touching or concerning anie spirituall or Ecclesiasticall Iurisdiction within this Realme of England and Ireland And to visite reforme redresse order correct and amend all such errours heresies schismes abuses offenses contempts and enormities whatsoeuer which by anie manner of spirituall or Ecclesiasticall Power Authoritie or Iurisdiction can or may lawfully be reformed ordered corrected and amended c. 4. This was the ground wherby both the Queene was indued as you see with all manner of Ecclesiasticall power and Iurisdiction and had authoritie also giuen her to bestow the same vpon others without anie other condition heere expressed but onlie that they should be naturall borne subiects So as if it had pleased her Maiestie to haue bestowed a Commission vpon so many Ladies of the Courte to visit some parte of the Cleargie or Laitie to redresse their errours heresies abuses or other enormities or insteed of the Bishops named by her she had thought good to nominate their wiues for high commissioners ouer them to reforme order redresse correct or amend abuses I see not by the words of the Statute why it had not been lawfull For so much as there is no exception of sex therin And as well might the Queene haue made women her substitutes in this point as this Statute gaue all the power in capite to her self being a woman I would aske moreouer that wheras K. Henry the eight when he was made head of the Church appointed for his Vicar-Generall in Spiritualibus the Lord Cromwell that was a meere lay man and caused him to sit aboue all the Bishops in Synods and Councels about Ecclesiasticall affaires why his daughter Q. Elizabeth that had the same authoritie that he had might not haue appointed my Lady Cromwell or anie such other Ladie of that sex wherof there were diuerse that professed good skill in diuinitie at the beginning of her Reigne for her Vicaresse-Generall in Ecclesiasticall affaires Nay why the feminne sex
benefices Per annuium baculum that is by giuing them a ring a staffe which are the ordinarie signes and markes of taking possession of their iurisdiction which though the said Princes doe acknowledge to bee a spirituall Act and consequently not possible to descend from the right of their temporall Crowne as M. Attorney would haue it yet desired they to inioy it by Commission from the Sea Apostolicke in respect of their greater authoritie amonge their Subiects and for more breuitie of prouiding and establishing incumbentes when benefices of cure fell voide and for other such reasons wherof we may read in the liues of diuers of our Kings And namelie of King Henrie the first this Conquerour his sonne what earnest suite he made to haue these inuestitures graunted him which the Pope did flattly deny to doe yea and the greatest causes of that wonderfull breach between the Popes Alexander the 2. and Gregorie the 7. and others of that age with the Emperour Henrie and his Successours were by the occasion of these inuestitures which the said Popes would not graunt Albeit I find some ages after that the great and famous Lawyer Baldus aboue two hundred years gone recordeth that in his tyme two Kings only had these priuiledges graunted them from the Sea Apostolicke The King of England to wit and the King of Hungary which perhaps was in regard that their Kingdomes lay so far of as it might be preiudiciall to their Churches to expect allwayes the said Inuestitures from Rome But yet he expresly saith that it was by Commission and delegation of the Pope Papa saith he committit spiritualia etiam mero laico ideo Rex Anglorum rex Hungaria conferunt in suis Reguis Praebendas ex priuilegio Papa The pope may commit spirituall things to a meere lay-man and this he proueth by diuers texts of law and hence it is that the King of England and King of Hungary doe in their Kingdomes giue Prebends by priuiledge of the Pope Wherby we vnderstand that in Baldus his time it was held for a pecular priuiledge of these two Kings which fithence hath byn communicated to diuers other Christian Princes who doe vse and exercise the same at this day but yet none pretending it as from the right of their Crownes For they neuer pretended to giue benefice or Bishopricke by their owne Kingly authority but only to present and commend fit persons vnto the Sea Apostolicke to be admitted and inuested therby as all other Catholicke Princes at this day doe vse yea and that this right of presentation also they tooke not but by concession and approbation also of the foresaid Sea Apostolicke as by the former examples may appeere 35. And this is so much as I thinke coÌ„uenient to saie in this place to M. Attorneys silly instance and I haue been the longer theraout for that this K. VVilliam is the head and roote of al the Kings following and this which hath been answered to this obiection will giue much light to all other instances that are to ensue And if anie King should haue taken anie other course from this established by the Conquerour their head and origen which yet none euer in any substantiall point did vntill King Henry the 8. you may see by all this discourse that the Conquerour might say of them as S. Iohn said of some of his Ex nobis prodierunt sed non erant exnobis And so much of the Conquerour OF KING WILLIAM RVFVS AND HENRY THE FIRST That vvere the Conquerours sonnes and of King Stephen his Nephevv And how they agreed with the said Conquerour in our Question of spirituall iurisdiction acknowledged by them to be in others and not in themselues CHAP. VIII THis beginning being established in the Conquerour coÌ„forme to that which was in the precedent Kings before the Conquest their remaineth now that wee make our descent by shewing the like conformitie in all subsequent Kings vnto K. Henry the 8. according to our former promise Wherfore first in ranke there commeth K. VVilliam Rufus second sonne of the Conquerour among those of his children that liued at his death who being named to the succession by his said father vpon his death-bed so charged forewarned as you haue heard in this verie point of honoring the Church and Ecclesiasticall power and vnder that hope and expectation embraced and crowned by the good Archbishop Lanfranke 〈◊〉 king first his solemne Oath to the same effect which his father had taken before him in the day of his Coronation he gaue gâ—â—â— satisfaction contentment to all his people at the beginning of his raigne as all our historiographers doe testifie that is to say so long as Archbishop Lanfranke liued to whom he bare singular respect loue and reuerence but the said Archbishop deceasing in the second yeare of his raigne which was about the 20. of his age the young man as thinking himself free from all respect to God or man brake into those extreame disorders of life which our historyes doe recount 2. And among others or rather aboue others in oppressing the Church holding Bishopricks Abbies in his hands as they fell void and not bestowing them afterward but for bribes and Simony And namely the Archbishopricke of Canterbury he held foure years in his hand after the death of Lanfranke vntil at length falling greiuously sicke in the Citty of Glocester and fearing to dy made many promises of amending his life as namely saith Florentius Ecclesias non amplius vendere nec ad censum ponere sed illas Regia tueri potestate irrectas leges destruere rectas statuere Deo promisit He promised to God not to sell Churches any more nor to put them out to farme but by his kingly power to defend them and to take away all vniust laws and to establish such as were rightfull And heervpon presently to begin withall he nominated to the Archbishopricke of Canterbury a great and worthy learned man named Anselmus Abbot of the monastery of Becke in Normandy who was then present in England for that some moneth or two before he bad byn intreated by the Earle of Chester Syr Hugh Lupus to come into England to found and order his Abbey saith Stow of S. VVerberge at Chester of whom Malmesbury liuing presently after him saith Quo nemo vnquam iusti tenâ—cior c. then which Anselmne no man was euer more constant in righteousnes no man in this age more exactly learned no man so profoundly spirituall as this Archbishop that was the father of our countrey and mirrour of the world 3. But this vnfortunate King was no sooner recouered say the same Authours but he repented himself sorely that he had not solde the said Archbishopricke with other for more money and therevpon tooke an occasion to picke a quarrell against the said Anselmus and among other things to let him that he could not doe his
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
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
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
excluded the Clergy that refused to pay from his protection and from the protection of the lawes whereby they being abandoned and exposed to all iniuryes the most of them fell to composition with the King so bought out and purchased their protection againe more deerer then they might haue continued the same by their contribution 13. And as for the Archbishop of Canterbury that stood constant amongst the rest in that denyall Omnia bona eius saith Mathew of VVestminster mobilia immobilia capta sunt in manu Regis All his goods both moueable vnmoueable were taken into the Kings hands And the same Authour doth recount infinite other intollerable vexations laid vpon them that would not agree to the Kings demaunds in those affaires which were accompanyed with such threates and terrors as the Deane of Paules in London named VVilliam Mont-fort comming one day before the King to speake for his Chanons was so terrifyed as he became mute and fell downe dead before him which yet saith out Author moued little the King but that he persisted in his demaundes And one day sending a knight named Syr George Hauering to the Monastery of VVestminster when all the Monkes were there gathered togeather in their Refectory or dyning-place the said knight proposed in the Kings name that they would graunt him halfe their reuenewes for his warrs and if any wil deny this demaund saith he let him stand vp shew himself that he may be handled as one guilty of breaking the Kings peace Whervpon all yeelded saith Mathew of VVestminster and no man would after with so great daunger contradicte the Kings will And thus much of his violent maÌ„ner of proceeding with the Church and Clergy wherevnto I might adioyne many other things as his dryuing out of the Realme the forsaid Robert Archbishop of Canterbury his Statutes made in the last Parlament at Carleile the same yeare he dyed in preiudice of Holy Churches liberty which were the first that are read to haue bin made in that kind and consequently are thought to haue byn a great cause of all the miseryes and calamityes that fell vpon his posterity as after you shall heare 14. But yet all this doth not proue that King Edward denyed or doubted of the Popes spirituall power or tooke the same vpon himself which is M. Attorneys case and conclusion Nay rather they doe shew and proue his acknowledgement of the said authority if we consider them well though in certayne points that seemed to extend themselues to temporall affaires and might be preiudiciall vnto him he sought to decline and auoyde the execution therof But in things meerely spirituall he neuer shewed difficulty As for example that his Bishops and Archbishops went to Rome to receaue their confirmation and inuestitures there and sometymes were chosen also immediatly from thence as when in the yeare 1278. Robert Kilwarby Archbishop of Canterbury was made Cardinall by Pope Nicholas the third and the Monkes of Canterbury by request of the King had chosen his Chancellour the Pope would not admitt him but appointed an other to witt Iohn Peckam Prouinciall of the Franciscan friers in England who being admitted held the said Archbishopricke for 13. yeres vntill he dyed But as for confirmation and inuestitures no doubt can be made but all was to be had from Rome as expresly you may reade of the admission and consecration of VVilliam Archbishop of Yorke In Romana Curia coÌ„secratus saith VValsingam who was consecrated in the Court of Rome in this same yeare of 1278. by Pope Martyn the fourth that succeeded to Nicolas And the same Author affirmeth that the foresaid Iohn Peckam Archbishop of Canterbury being also consecrated in Rome did some two yeares after call a Councell at Reading commaunding all his Suffragan Bishopps to obserue exactly the decrees of the late generall Councell held at Lyons by Pope Gregory the tenth nor did King Edward mislike or repine any thing at this as neither he did at another Councell called by the same Archbishop Peckam in the yeare 1281. wherin he endeauored to force all Abbots and other exempted persons to come to the said Councell but saith Mathew VVestminster the Abbotts of VVestminsters S. Edmonds-Bury S. Albanes and of VValtham appealed from him to the Pope without any mention of the King which had beene iniurious vnto him if he had taken himself to haue had authority and that supreme in Ecclesiasticall affaires 15. Furthermore in the yeare of Christ 1295. being the 22. of King Edwardes raigne when the foresaid Robert VVinchelsey was first chosen Archbishop of Canterbury the sayd King sent him to Rome to be confirmed and consecrated by Pope Celestinus the fifth which soone after gaue ouer the popedome to Bonifacius the eight And three yeares after that againe to wit 1298. the Bishopricke of Ely being voyde and the greater parte of the Monkes hauing chosen the Prior of their Couent for Bishop the other party chose Iohn Langhton the Kings Chancellour who going to Rome by the Kings fauour coÌ„mendatioÌ„ to pleade his cause before Pope Boniface could not preuaile nor yet the Prior but that the said Pope gaue the Bishopricke of Ely to the Bishop of Norwich and the Bishopricke of Norwich to the Prior and the Arch-deaconry of Canterbury to the Kings Chancellour 16. Moreouer in the yeare 1305. when Pope Clement the fifth a French-man borne in the Diocese of Burdeaux was made Pope and came into France in person first of all others translating the Sea of Rome to Auinion where it continued seauenty yeares King Edward sent Embassadours vnto him the Bishops of Lichfield and VVorcester togeather with the Earle of Lincolne presenting vnto him Singula vtensiliae saith Mathew of VVestminster quibus ministraretur ei in Camera in mensa omnia ex auro purissimo All necessary plate for the seruice of his chamber and table of most pure gold And at the same time he sent two new Bishops elected for Yorke and London to be confirmed by him Quos dimisit ad propria consâ—â—â—â—â—tos saith our Authour whome the said Pope Clement sent home againe with their confirmation And finally when not long after the King fell out with the forsaid Archbishop of Canterbury Robert VVinchelsey for that he had shewed himself againe not so forward to follow his will in all things Dictum Robertum Cantuariensem saith VValsingham apud Dominum Papam accusauit Rex Anglia The King of England did accuse the said Robert Archbishop of Canterbury vnto Pope Clement the fifth that he was combyned with his enemyes c. for the which the said Archbishop was cited to appeare before the Pope and suspended from the execution of his office quousque de sibi impositis legitimè se purgaret vntill he should lawfully purge himselfe of the imputations layd against him by the King Whereby we see what authority this King did acknowledge to be in the Pope and Sea of Rome 17.
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.
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