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
on his knees before the said Altar where weâ—â— laid open the holy ghospells aud the reliques of many Saints according to the custome and there he sware that all the dayes of his life he would maintaine peace honour reuerence to the holy Church and all those that were ordained by the same He sware also to maintaine good iustice and equitie to the people to take away euill lawes and customes and to make good c. So Houeden 26. And not many monethes after this being called vpon and intreated by Pope Clement the 3. to make hast in his preparations for succouring of Ierusalem which was now taken and held by Saladinus the great Prince of the Saracens the said Pope sent soone after a speciall Legat into England named Cardinall Iohn Anagnanus as well to hasten that iourney and the iourney of K. Philip of France that was to goe in his compaine as also to end certaine controuersies betweene Baldwin Archbishop of Canterbury that was to goe with the King in his vioage and Geffrey the Kings base brother nominated Archbishop of Yorke commended by the King but not yet admitted hitherto by the Sea Apostolike and other Bishops and principall persons And when they were all met at Canterbury togeather the King taking order and disposing many things for the quiet and safty of his Kingdomes in his absence which are set downe at large by the said Houeden Nubergensis Mathew Paris and other authors he thence began his iourney in the moneth of December and first yeare of his raigne 27. But before this as hath byn said he did dispose of many things as namely the setting at liberty of his mother Q. Eleanor that had byn longe in prison in his Fathers dayes restoring her to all former honours and far greater then euer she had before assigning to her the dowries both of Q. Maude wife of K. Henry the first and of Alyce wife of K. Stephen and of the other Maude the Empresse mother of K. Henry the second And to his brother Iohn Earle of Morton besides all other States and Titles he had before he gaue foure Earl-domes more to gaine him withall and hold him content to wit of Cornwall Deuonshyre Dorcet and Somerset but yet left to none of them the gouernment of his Realme but to two Bishops to wit Hugh Bishop of Durham for the North-partes and to VVilliam Bishop of Ely for the whole body of the Realme making him his Chauncellour and supreme Iudge and praying Pope Clement for his more authority to make him also his Legat à latere and to take into his protection the whole Realme and so he did whereby appeareth what opinion K. Richard had of the Sea Apostolikes authority in his dayes 28. But the same appeareth yet more by the many appellations that were made in the Kings owne presence at the forsaid meeting at Canterbury vnto the Pope himself For first Baldwin Archbishop of Canterbury who as I say was to goe with K. Richard in his said iourney of Ierusalem appealed against the foresaid Geffrey the Kings brother nominated by the King to the Archbishoprick of Yorke Appellauit ad Dominum Papam saith Houeden coram Rege vniuersis Episcopis Clero He appealed to the Pope in presence of the King and all the Bishops and Clergy One Hammon also Chaunter of the same Church of Yorke receiuing letters from K. Richard to install one Buchard in the dignity of Treasurer of the said Church according as he was elected Noluit mandatis Regis obedire saith Houeden sed super hoc ad Sedem Apostolicam appellauit He would not obey the Kings commaundement in this point but appealed in the controuersie to the Sea Apostolike which King Richard did no wayes let or deny And againe in the same place the King hauing giuen the Deanry of Yorke to one Henry brother to the Lord Marshall of England commended the man for his installing to the Archbishop of Yorke but he refusing said that he could not doe it Donec electio eius confirmata esset à Summo Pontifice vntill his election were confirmed by the Bishop of Rome Which answere the King tooke in good part and therby well declared what his opinion was of his owne Ecclesiasticall authority as also of the Popes 29. Moreouer saith the same Author Richardus Rex Angliae missis nuncijs suis ad Clementem Papam obtinuit ab eo literas Patentes c. This Richard King of England sending his messengers to Pope Clement obtained letters Patents of him that whosoeuer he should send vnto any townes lands or lordships of his to keep and defend the same in his absence should be free from all oath vow or other obligation of going the voiage to Ierusalem Vnde ipse sibi inastimabilem acquisiuit pecuniam Wherby he procured to himself an inestimable summe of money 30. And this before the Kings departure from England but being entred into the iourney and arriued in the Kingdome of Sicilie he there marryed his new wife Berengaria daughter to the King of Nauarre conducted thither by sea by Q. Eleanor his mother who after foure daies stay only in the porte of Messina was 〈◊〉 by her sonne to returne to England by land taking Rome in heâ— way to the end she might in his name intreat the Pope to admit for Archbishop of Yorke his foresaid brother Geffrey whome he had presented and nominated Per illam mandauit Rex Angliae Summâ— Pontisici saith Houeden humiliter postulauit vt ipse electionem prodicti Gaufredi confirmaret King Richard of England did send by his said mother to the Pope and humbly besought him that he would confirme the election of the foresaid Geffrey to be Archbishop of Yorke Which labour of going to Rome it is like that he would neuer haue put his mother vnto nor yet haue vsed so much humility of intreatinge the Pope if he had thought his owne Ecclesiasticall authority to haue byn sufficient as well for inuesting him as for his nomination and presentation 31. And moreouer when the said King had ended a certaine controuersie in the same porte Citty of Messina with Tancredra King of that Iland he gaue account of all by a large letter vnto the said Pope Clement as to his deerest Father Beatissimo Patri Clements Dei gratia Sanctae sedis Apostolica Summo Pontifici Richardus eadem gratia Rex Angliae sincerae in Domino deuotionis affectum And then presently he beginneth his epistle thus Iustiorem exitum facta Principum sortiuntur cum à Sede Apostolica robur fauorem accipiunt Sancta Romanae Ecclesiae colloquio diriguntur c. The acts of Princes doe come to best end when they receiue strength and fauour from the Sea Apostolicke and are directed by the conference or communication of the Church of Rome And therefore we haue thought it conuenient to let your Holines vnderstand
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„
now that this authority was no new thing or to vse his words not a Statute introductorie of a new but declaratorie of an old and that the same was conforme to the auncient laws of England acknowledged and practised by all her auncestors Kings of the same and that the difference of her sex as they had qualified the matter and couched their words did hinder nothing at all the acceptance of this authority shee was content to lett it passe admitt therof for the time though I haue beene most credibly informed by such as I cannot but beleiue therein considering also her forsaid sharpenes and pregnancie of witt that vpon diuers occasions especially for some yeares after the beginning of her raigne she would in a certaine manner of pleasantnes iest thereat herself saying Looke what a head of the Church they haue made mee 37. And to the end that no man may imagine that these things some other which heer I am to touch of the good dispositioÌ„ this deceased Princesse had of her self towards Catholicke religion at the beginning of her raigne and for diuers yeares after if she might haue been permitted to her owne inclination are fayned I doe affirme vpon my conscience in the sight of him that is author of all truth and seuere reuenger of all false-hood that nothing hereof is inuented or framed by mee but sincerely related vpon the vndoubted testimonies of such as reported the same out of their owne knowledge As for example that not longe before the death of Q. Marie a coÌ„mission being giuen to certaine of the priuie Counsell to goe and examine the said Ladie Elizabeth at her howse of Hat-field not far from London when other matters had been debated shee taking occasion to talke with one of them a part in a window said vnto him with great vehemencie of spirit and affliction of mynd as it seemed laying her hand vpon his Oh Syr and is it not possible that the Queen my sister will once bee persuaded that I am a good Catholicke Yes Madame quoth the Counsellor if your Grace bee so indeed God will moue her Maiestie to beleiue it Wherevpon the said Ladie both sware and protested vnto him that she did as sincerely beleiue the Roman Catholicke religion as anie Princesse could doe in the world in proofe thereof alleadged the order of her familie which was to heare masse euery daie and the most of them two one for the dead and the other for the liuing And this hath the said Counsellour oftentimes related vnto mee and others hee being a man of great grauity truth and sinceritie in his speeches 38. And coÌ„forme to this I haue seen a letter written in Spanish from the said howse of Hat-field vnto K. Philip then in Flaunders by the Count of Ferâ—â— afterward Duke and then Embassadour for the said King in England which letter was written vpon the 16. daie of Nouember in the yeare 1558. when Queen Marie being now extreme sicke and annealed out of all hope of life he went to visit the said Princesse Elizabeth from his Maister and relateth all the conference and speach he had with her and her answers to diuers points concerning her future gouernment with his opinion of the same both in matters of 〈◊〉 and religion concerning the latter wherof though hee discouered in her a great feeling and discontentment of certaine proceedings against her in her sisters time and therevpon did foreâ—â—some troubles like to ensue to some of them that had been in â—â—fe gouernment and namely to Cardinall Poole if he had liued 〈◊〉 wrtieth he that for the Principall points of Catholicke faith â—â—en in controuersie he was persuaded she would make no great â—â—teration and in particular he affirmeth that she protested vnto vnto him very sincerely that she beleiued the reall presence in the Sacrament after the words of consecration pronounced by the Priest 39. Which relation of this noble man is much consirmed by that which was written to the said Queene herself some six or seauen yeares after by Doctor Harding in his dedicatory epistle before the confutation of the English Apologie of the Church of England vpon the yeare 1565. wherin he commendeth her liking of her more sober preachers both allwayes heertofore saith he and specially on Good-friday last openly by words of thanks declared when one of a more temperate nature then the rest in his sermon before your maiesty confessed the Reall Presence So he And that this opinion and affection staied and perseuered with her euen vnto her old age by her owne confession I haue for witnes another Worshipfull knight yet aliue who vpon the truth of his conscience hath often protested vnto me that hauing occasion to walke talke with her and to discourse somewhat largely of forraine matters for that he was newly come froÌ„ beyond the seas in her garden at VVhitehall not aboue fiue or six yeres before her death relating vnto her among other things the iudgment and speaches of other Princes concerning her excellent partes of learning wisedome bewty affability variety of languages and the like but especially the speaches of certaine great Ladies to this effect vpon viewing of her picture the said knight seeing her to take much contentment therein and to demaund still greedily what more was said of her he thought good asking first pardon to ad the exception that was made by the said Ladies to wit how great pitty it was that so rare a Princesse should be stained with heresie wherat her Grace being much moued as it seemeth answered And doe they hold me for an heretick God knoweth what I am if they would let me alone and so auouched vnto him in particular that she beleiued the Reall presence in the Sacrament with other like protestations to that effect 40. And sundry yeares before this againe there being sent into England from France one Monsieur Lansacke of the French King Counsell that was Steward in like manner of the Queen-mothers houshould as before hath byn meÌ„tioned he was wont to recount testifie after his returne with great asseueration that hauing had confident speach with the Queen of England about matters of religion she told him plainely that which before we touched about her spirituall Supremacy to wit that she knew well inough that it belonged not to her but to S. Peter and his Successours but that the people and Parlament had layed it vpon her and would needs haue her to take and beare it Adding moreouer her Catholicke opinion about other points in controuersie also and namely about Praying to Saints affirming that euery day she prayed herself to our Blessed Lady And so far forth had she persuaded this to be true to this French Counsellour as he did not only beleiue it and reporte it againe with great confidence but was wont to be angry also with such as should seeme to make doubt of the truth therof among whome for
OF THE CONTROVERSY Discussed throughout this vvorks WHat is in the 〈…〉 in the 〈◊〉 yeare of 〈…〉 there is giuen 〈…〉 power and 〈…〉 as by any 〈…〉 hath 〈…〉 may lavvfully bee 〈…〉 did assigne 〈…〉 great Seale of England 〈…〉 diction whatsoeuer vvhich â—â— any manner â—pirituall 〈…〉 Authority or Iurisdiction can or may lavvfully be vsed to correct and 〈◊〉 errors heresies schismes abuses c. The question is Whether this authority and spirituall 〈…〉 to the ancient lawes of England in former times 〈…〉 were a Statute not introductory 〈…〉 lavv 〈…〉 only of an old so as if the said Act had neuer 〈◊〉 made yet the 〈…〉 that authority and might haue giuen it to others as 〈…〉 holdeth the affirmatiue part and the Catholicke 〈…〉 TO THE RIGHT VVORSHIPFVLL SYR EDVVARD COOKE KNIGHT His Maiesties Attorney generall SYR I had no sooner taken a sight of your last Booke entituled The fifth Part of Reportes vvhich vvas some number of monethes after the publication therof in England but there entred vvith the reading a certaine appetite of ansvvering the same and this vpon different motiues as vvell in regarde of your person and place abilitie and other circumstances depending theron as also of the subiect and argument it selfe vvhich yovv handled and manner held in handling therof to â—he greatest preiudice vvrong and disgrace of Catholickes and Catholicke religion that you could deuise And first in your person and place I considered your facultie and profession of the common lavves of our Realme your long standing and speciall preferment therin your experience and iudgemeÌ„t gathered thereby your estimation and credit in the Common-vvealth and your authority honour and riches ensuing thervpon all vvhich drevv me to the greater consideration of your Booke but principally your said profession of our Common temporall Municipall lawes vvhich science aboue all other next to Diuinitie it selfe doth confirme and conuince vnto the vnderstanding of an English-man the truth of the Catholicke Roman religion For so much as from our very first Christian Kings Queenes vvhich must nedes be the origen and beginning of all Christian common lavves in England vnto the raigne of King Henry the eight for the space of more then nyne hundred yeares all our Princes and people being of one and the selfe same Catholicke Roman religioÌ„ their lavves must needes be presumed to haue byn conforme to their sense and iudgment in that behalfe and our lavvyers to the lavves so as novv to see an English temporall lavvyer to come forth and impugne the said Catholicke religion by the antiquity of his Common-lavves throughout the tymes and raignes of the said Kings in fauour of ProtestaÌ„ts Lutheranes Caluinistes or other professors not knovvne in those dayes is as great a nouelty and vvonder as to see a Philosopher brought vp in Aristotles schole to impugne Aristotle by Aristotles learning in fauour of Petrus Ramus or any other such nevv aduersary or lately borne Antagonist Or as to behold an ancient Phisitian trayned vp in Galens tents to fight against Galen and Galenistes out of their ovvne bul-vvarkes or fortresses yea and this in ayde of Paracelsians or any other fresh crevv of Alchimian doctors vvhatsoeuer 3. This first consideration then of your person place and profession did inuyte me strongly to come and see vvhat you said in this behalfe but no lesse did the argumeÌ„t or subiect of your booke togeather vvith your maÌ„ner of treating the same of vvhich tvvo points I shall speake seuerally for that they haue seuerall ponderations all in my opinion both important rare and singular For vvhat more important matter can be thought of among ChristiaÌ„s then to treat of Spirituall Power Ecclesiasticall Authority being the kinges bench of Christ on earth the table of his scepter the tribunall of his dominion iurisdiction vvhereof dependeth the vvhole direction of soules the remission of our sinnes the efficacy of his Sacraments the lavvfulnes of all priesthoode and ministery the gouernment of the vvhole Church and finally the vigour frute effect of all Christian religion This is the importance of your argument M. Attorney and consider I pray you vvhether it standeth vs not much in hand to be attentiue vvhat you say and hovv substantially you pleade in this matter 4. And as for the other tvvo circumstances of rarenes and singularity vvhere may they more be seene then in this so vveighty a case conteyning the vvhole povver of the sonne of God both in heauen and earth for so much as belongeth to remission of sinnes and gouernement of his earthly inheritance vvhich is heere handled and ouer-ruled by a temporall lavvyer and by him giuen to a temporall Lady and Queene and this not only by force of a temporall Statute made in ParlameÌ„t to that effect the first yeare of her raigne vvhereby Ecclesiasticall Supremacy vvas ascribed vnto her but by the very vigour of her temporall crovvne it self vvithout any such Statute and by vertue of the ancient pretended Common-lavves of our Realme vvhich Common-lavves being made receaued introduced and established by Catholicke Kings and Queenes as hath byn said maketh the matter so strange and rare the vvonder admiration so great as neuer paradox perhaps in the vvorld seemed more rare singular in the eyes of Philosophers then this in the iudgement of learned Deuines And vvho then vvould not be allured vvith this singular nouelty to search somvvhat after the depth of so nevv deuised a mystery 5. After this ensueth as considerable your methode manner of handling this subiect vvhich to me seemeth nothing vulgar and consequently to you and 〈…〉 particularitâ—es 〈…〉 ‑ cero That yo◠〈…〉 uersies and 〈…〉 forth All that 〈…〉 grâ—â—e repâ—â—â—â—◠〈…〉 your side 〈…〉 vse your 〈…〉 the truth for 〈…〉 modesty and 〈…〉 7. All thâ—â—â—â—hin 〈…〉 encourage 〈…〉 reuievv o◠〈…〉 hope to my 〈…〉 modesty and 〈…〉 so much comm 〈…〉 ued and intenâ—â—◠〈…〉 cleere face 〈…〉 in your 〈…〉 you vvill doe 〈…〉 ‑ cile cedes 〈…〉 your self â—â— the 〈…〉 animo digâ—â—â—â—◠〈…〉 se sua spoâ—te 〈…〉 in deed to confessâ—◠〈…〉 fortitude but 〈…〉 ner goeth grea◠〈…〉 soules neuer-dying 〈…〉 â—e accompted our highest interest for that the â—uestion novv in hand betvveene you and me â—oÌ„cerneth the same most neerly as in the sequent â—reface vvill more largelie appeare â— Novv only I am to say promise also on my â—ehalfe that I meane to proceed in the prosecuâ—ion of this vvorke according to your foresaid â—rescriptions of truth temperance modesty and vrâ—anity and this both in center and circumference â—s neere as I can and if necessity at anie time or â—pon anie occasion shall enforce me to be more earnest it shall be rather in the matter it self then against the man I meane your self vvhose person and place I shall alvvaies haue in devv regard though I may not omit to tell you that in some partes of your booke especially tovvardes the end
Furthermore some few yeares after this againe vnder Pope Sergius there went to Rome to be baptized the famous young King Ceadwalla of the West-saxons of whome Malmesbury saith Tantum etiam ante baptismum inseruierat pietati vt omnes manubias quas iure Praelatorio in suos vsus transcripserat Deo decimaret He did obserue such piety euen before his baptisme as he gaue to God the tythes of all his spoyles which he had applied to his owne vse out of the bootyes he had gotten of his enemyes Of whose baptisme and death in Rome we shall haue occasion to speake after To whome the famous King Inas succeeded both in his Kingdome and vertues And with both of them was insingular credit the holy Abbot S. Adelmus afterward by the said Inas made Bishop of Shirborne who going to Rome with the said Ceadwalla retourned after his death and carried with him saith Malmesbury Priuilegium quod pro libertate Monasteriorum suorum ab Apostolico Sergio impetrauerat quod libens Inas confirmauit multa Dei famulis eius hortatu contulit ad extremum renitentem Episcopatu honorauit He brought from Rome the priuiledge for the liberties or franquises of his Monasteryes which he had obteyned of Sergius Bishop of the Sea Apostolicke which priuiledge King Inas did willingly confirme and by his persuasions did bestowe many benefits vpon Gods seruants and last of all honoured him also with A Bishopricke to witt of Shirborne though he resisted the same what he could 41. And moreouer he saith of the same King of his respect vnto the aforesaid Saint and learned Bishop for Malmesbury saith he wrote an excellent booke of virginity dedicated to the Nunns of Berkensteed wherby many were moued to that holy kinde of life eius pracepta audiebat humiliter suscipiebat granditer adimplebat hilariter King Inas did harken to the precepts of Adelmâ—â— with humility receaued the same with great estimation and fulfilled them with alacrity And this point concerning the priuiledges of Monasteries fell out about the yeare 687. and in the number of these Monasteries the same Malmesbury treating of the yeare 1140. in King Stephens time saith that the Abbey of Malmesbury was one and in the former he signifieth that Inas obteyned also the like priuiledges for diuers Monasteryes Regâ—is sumptibus nobiliter a se excitatis Nobly erected by him with royall expences and that the Abbey of Glastenbury was one whose most ample priuiledges both from Popes and diuerse Princes were renewed and ratifyed againe largly in K. Henry the second his time as all our historyes doe sett downe 42. And all this hapned out in the first age of our primitiue Church and it would be ouerlong to run ouer the rest with like enumeration but yet some few more examples we shall touch as they offer themselues in order And first we read that immediately after this first age to wit in the yeare of Christ 70â— two famous Kings Kenredus of the Mercians and Offa of the East-saxons leauing voluntarily their Kingdomes and going vpon deuotion to Rome there to leade and end their liues in prayers almes other pious exercises there went with them as ghostly-father and directour of that deuout iourney as after more largely shal be shewed Egwyn third Bishop or VVorcester as Florentius declareth who retourning home required of them as it semeth no other reward but that by their intercession and his owne he might obteyne of Pope Constantine and Charter of priuiledges for a monastery of his newly erected within the territory of VVorcester which the said two Kings had endued with many temporall possessions and so he did and retourned with great contentment for the said priuiledges and exemptions obteyned for his foresaid Abbey of Euesham for soe it was called And by this we see that he did not holde his said Abbey for secure and well defended by the prouisions of the said Kings except he had obteyned also his confirmation therof from Rome 43. Next after this we read of the foresaid famous King Offa of the Mercians who meaning to buylde a royall stately Monastery vnto the protomartyr of EnglaÌ„d S. Alban went to Rome to Pope Adrian to aske licence confirmation and priuiledges for the same vpon the yeare as Matthew of VVestminster writeth 794. and among other exemptions to vse his owne wordes that he might haue it ab omni episcoporum subiectione emancipandum that is to say that it might be free and exempted from all subiection of Bishops which the Pope graunted willingly as appereth by his letter vnto the said Offa wherin among other things he saith Fili charissime c. Most deare chyld and most potent King of the English Offa we doe commend greatly your deuotion concerning the protomartyr of your Kingdome S. Alban and doe most willingly giue our assent to your petition of buylding a Monastery in his memory and doe priuiledge the same c. Wherfore by the counsayle of your Bishops and noble men you may make your Charter and afterward we shall confirme and strengthen the same with our letters and exempt the sayd Monastery from all authoritie of Bishops and Archbishops and subiect it immediatly to this our Apostolical Sea So VVestminsterâ— wherby we may see that this potent King Offa did not pursuade himself that he had authoritye by the right of his crowne to giue Ecclesiasticall exemptions to the monasteries of his realme though they were of his owne founding which yet M. Attorney as you haue seene in the former chapter would needes proue by the example of K. Kenulsus about whose tyme as before hath byn alleaged out of Marianus Scotus Bishop Rethurus was sent to Rome to obteyne priuiledges for the Abbey of Abindon from the Sea Apostolicke as he did 44. But before we passe from this example of King Offa let vs heare the words of Mathew Paris about this fact Ipse insuper sayth he Rex Offa in quantum potuit aliquis Rex Coenobium sancti Albani quod ipse magnificè fundauit liberum esse constituit in temporalibus vt ipsum liberum faceret in spiritualibus Romam in proprio corpore adijt This K. Offa moreouer so much as a king might doe made the monastery of S. Albanes which himself magnificently had founded free in all temporall affaires and that iâ— might in like maÌ„ner be free or haue priuiledges in spirituall matters he went in proper person to Rome c. Behold the distinction how a King could giue libertyes and priuiledges in temporall things but could procure them only in spirituall from the Sea Apostolicke which is quite opposite to all that M. Attorney affirmeth but let vs goe forward 45. After this againe we reade in VVilliam of Malmesbury of the greate and godly King Edgar who ruled ouer all England that he hauing a speciall deuotion to the fore-mentioned Abbey of Glastenbury wherevnto he had giuen great
said King and Bishops tooke vnto themselues wholesome counsaile choosing and ordeyning particular Bishops in euery prouince of the Geuisses or westsaxons And wheras the said prouince had but two Bishops in old time now they deuided the same into fiue and presently the Synod being ended the said Archbishop was sent to Rome with honourable presents Qui Papam saith our Authour cum magna humilitate placauit Decretum Regis recitauit quod Apostolico maximè placuit He did with great humilitie endeauour to pacify the said Pope Formosus reciting vnto him the decree that King Edward had made for better furnishing the Countrey with more Bishops for the time to come then euer had byn before which most of all pleased the Apostolicall Pope Wherfore the Archbishop retourning into England ordeyned in the Citty of Canterbury seaueu Bishops vpon one day appointing them seuen distinct Bishoprickes Atque hoc totum saith he Papa firmauit vt damnaretur in perpetuum qui hoc decretum infirmaret And the Pope Formosus did confirme this decree of this distinction of Bishops in England daÌ„ning him eternally which should goe about to infringe the same So Malmesbury and consider the authority here vsed 58. The same Pope also wrote a letter to the Bishopps of England by the said Archbishop Pleamond in these wordes To our brethren and children in Christ all the Bishopps of England Formosus We hauing heard of the wicked rytes of Idolatrous Pagans which haue begun to spring vp againe in your partes and that yow haue held your peace as dumme doggs not able to barke we had determined to strike you all with the sword of separation from the body of Christ and his Church but for so much as our deere brother Pleamond your Archbishop hath tolde me that at length you are awakened and haue begun to renew the seed of Gods word by preaching which was so honourably sowne from this Sea in times past in the land of England we haue drawne backe and stayed the deuouring sword and moreouer doe send you the benediction of almighty God and of S. Peter Prince of the Apostles praying for you that you may haue perseuerance in the good things which you haue well begune c. 59. Thus went that letter with a far longer exhortation â—â— that behalfe with order and instruction how to proceed to coâ—tinew good Bishopps among them which was that as soone â—â— knowledge came to the Metropolitan of any Bishop dead he should presently without delay cause another Canonically to be elected in his place and himself to consecrate the same And moreouer he determineth that the Bishop of Canterbury hath byn euer from ancient times held for chiefe Metropolitan of England otdeyened so by S. Gregory himself as in the Roman Registers was authenticall recorded and therefore he confirmeth the same threatning that what man soeuer shall goe about to infringe this decree shal be separated perpetually from the body of Christ and his Church So Malmesbury 60. And in this example we see many points expressing the sense of these ages as first the vigilancy of the Pope Formosus ouer England the affaires therof though far remote from him and altogether embroyled with warrs no lesse then ouer other Prouinces Kingdomes of the world which is conforme to that which S. Bede writeth of the like diligence of Pope Agatho aboue two hundred yeares before this of Formosus that is to say that he seing the heresie of Monethelites that held but one only will in Christ to spring vp and encrease in diuerse places of the world sent one expressly from Rome into England to learne what passed there Pope Agatho saith Bede being desirous to vnderstand as in other prouinces so also in Britany what was the state of the English Church and whether it preserued it self chaste and vnspotted from the contagions of heretickes sent into England for this purpose a most reuerend Abbot named Iohn who procuring a Synod of Bishops to be gathered togeather about that matter by Theodorus the Archbishop found that the Catholike faith in England was conserued in all points entire and inuiolated of which Synod he had an authenticall copie deliuered him by publicke testimony to be carryed to Rome Thus S. Bede touching the attention and diligence of Pope Agatho in our English Ecclesiasticall affaires 61. And it is to be noted that in the same Synod is sett downe that fower seuerall Kings concurred thervnto to giue therby satisfaction vnto the Pope to wit Egfryd King of the Northumberâ— Ethelred of the Mercians Adelnulphus of the Eastangles Lotharius of Kent which is conforme to that which the King Edward the first â—â— the former example did when presently vpon the threatning letters of Pope Formosus he called forthwith a Councell remedyed the fault that was committed sent the Archbishop Pleamond to Rome to giue satisfaction and promise of amendment for the time to come which is to be presumed that none of these Kings would haue done if they had thought themselues iniured by this intermedling of the Pope as an externall power and that themselues had authority Ecclesiasticall deriued from their crownes to dispose order these things without any reference to the Sea Apostolike And so much for this argument and demonstration which openeth a window to see many things more which by me of purpose are pretermitted for that I couet not to be ouerlong The sixt Demonstration 62. The sixt Argument may be deduced from an vniuersall contemplation of all the Kings Archbishops and Bishops that haue liued and raigned togeather in all this tyme in England and the seuerall Prouinces and Kingdomes therof before the Conquest the Kings being in number aboue an hundred that were Christened as often before hath byn mentioned the Archbishops of Canterbury the spirituall heads of the English Church 32. from S. Augustine vnto Stigano and other Bishops of far greater number laying before our eyes what manner of men all these were what faith they beleeued and practised what vnion and subordination they had in spirituall and temporall iurisdiction amongst them selues both at home and abroad with the Sea Apostolike which in great part hath byn declared by the precedent arguments and demonstrations All which being layd togeather we may inferre that for so much as lawes are nothing else but ordinaunces and agreemenrs of the Prince and people to the publicke good of euery Kingdome State and Countrey we may inferre I say that according as we find the faith and religion of our Princes Bishops and people to haue byn in those dayes so were also their lawes For out of their religion they made their lawes and consequently it must needes follow that they being all perfectly Catholike according to the Roman vse as by all the former arguments you haue seene that they made no lawes concerning Ecclesiasticall matters nor admitted â—onceaued any from their ancestours nor could not doe they being also
tyme of the Danes themselues as presently shal be shewed 68. And for breuities sake it will be least perhaps to alleadge here the wordes of one that was skillfull in the matter for that he had byn Collector or gatherer of this tribute for diuerse yeres togeather in England vnder the sayd King Henry to whome also he dedicated his historie to wit Polidor Virgil an Italian Archdeacon of VVells who out of al historiographers had gathered the grounds and antiquities of this tribute and in the life of King Inas of the VVest saxons hauing shewed and declared first togeather with all other auncient writers how wise valiant and pious a King he was and what singular monuments therof he had left behinde him as among other the buylding of the Church of VVells the Abbey of Glastenbury the like he finally concludeth thus Officia eius Regis pietatis plena infinit a referuntur illud imprimis quod Regnum suum Romano Pontifici vectigale fecerit singulis argenteâ— nummis quos denarios vocant in singulas domus impositis c. There are infinite good workes of this King related by Historiographers full of piety and this among the first that he made his Kingdome tributary to the Bishop of Rome imposing vpon euery house a penny And all England at this present time doth pay this tribute for piety religious sake to the Bishop of Rome gathered from euery house of the whole Kingdome and vulgarly they are called the pence of S. Peter which the Pope gathereth vp by his officer called Collectour which office we for some yeres did exercise in that Kingdome and for that cause went first of all thither Thus Polidor 69. Iohn Stow doth set downe many particularityes of the rich gifts of gold and siluer vestments Church-ornaments which this King Inas gaue and bestovved vpon the Church of VVells buylded by him He testifieth also of his gyft of Peter-pence imposed vpon his Kingdome as giuen about the yeare of Christ 705. And Polidor hath further these wordes of him King Inas being exceeding desirous to amend and establish the state of his Kingdome and to instruct his subiects how to liue well and happily did make most holy lawes and left them to be obserued But the wickednes of his posterity hath by little and little worne out the same And lastly after all this glory wherin he had raigned thirty seuen yeres he leauing voluntarily his Kingdome wâ—â—â— to Rome for deuotion and pietyes sake and there saith Stow liued and ended his life in poore estate And heare now I would 〈◊〉 whether any of these lawes made by King Inas were likely to be against the Popes spirituall iurisdiction or in fauour therof And if the later may with more reason be presumed then haue we more auncient coÌ„mon-lawes that is to say temporall lawes against M. Attorney then he can alleadge any for himself to the contrary 70. But to goe forward in shewing the continuance confirmation and encrease of this temporall tribute to the Pope of Rome the said Polidor writing of King Offa the most famous and valiant King of the Mercians and shewing how wicked cruell he had byn first and how godly he became afterward hath these words He built the magnificent Cathedrall Church of Hereford and adorned the same with most ample gifts he caused to be sought out the body of S. Alban and placed the same in a monastery of S. Benedicts order built by himself and further he builded the monastery of Bath And yet more for further satisfaction of his former synnes he passed the Ocean sea went to Rome and there made tributary his Kingdome of Mercians to Adrian the Pope by imposing that tribute vpon euery house of his people which was called Peter-pence and this as some thinke by the imitation of King Inas which had done the same some yeres before in the Kingdome of the VVestsaxons And this saith Polidor was done by Offa vpon the yere 775. which was according to this accompt seuenty yeres after the other And this King Offa was he who made the famous Dich betwene his Kingdome VVales called Offa-hiâ—-dich raigned thirty and nyne yeres in al prosperity and had present with him that subscribed to his Charter for the founding of the monastery of S. Albanes besides his sonne and Prince Egfryde nyne Kings fifteene Bishops and ten Dukes as Stow relateth out of the Charter it self dated the thirty and three yere of his raigne and of Christ our sauiour 793. 71. And about some fourscore yeres more or lesse after this againe King Adelnulph otherwise called Edelnulph or Edelph sonne and heire to King Egbert the first great Monarch that gaue the name of Anglia or England to our Countrey hauing adioyned vnto his Kingdome of the VVest saxons fiue more to wit that of the Mercians Kentish saxons East-saxons South-saxons and VVelsh-men This Adelnulph I say comming to raigne after his Father was a rare man of vertue and left exceeding many monuments of piety behind him gaue the tenth parte of his Kingdome to the mayntenaunce of Clergie men sent his yongest sonne Alfred to Rome to liue there and to be brought vp vnder Pope Leo the 4. and afterward resolued also to goe himself in person He went saith Polidor to Rome vpon a vow and was most benignly receaued by Pope Leo the fourth and there he made tributary vnto the Pope of Rome such partes of the Iland as King Egbert his father had adioyned vnto the Kingdome of the VVest-saxons imitating herin his predecessour King Inas and moreouer made a speciall law therof that whosoeuer had thirty-pence rent in possessions by the yeare or more houses then one should pay yearely a penny for euery house which they did inhabite that this should be paid at the feast of S. Peter and S. Paul which commeth vpon the 29. of Iune or at the furthest at the feast of the Chaines of S. Peter which is the first of August So Polidor adding that some doe attribute this law vnto King Alfred his sonne when he came to raigne but not truly for that it was made by Adelnulph vpon the yeare of Christ 947. 72. Here now then we haue this tribute graunted and confirmed by three seuerâ—â—l Kings the first of the VVest-saxons yet in effect Monarch of England And some haue noted that as the VVest-saxons Mercians were the first that made this offer of tribute vpon deuotion to S. Peter and his Successours so were they the Kingdomes that were most aduanced in their temporall felicity and successes and finally were vnited togeather vnder one Monarch And that of the VVest-saxons being the first and last that gaue and confirmed and continued the same grew to be the Monarch ouer all the rest For as for the continuance perpetuall payment therof to the Church of Rome throughout all tymes there can be no doubt made for that in the yery
tyme of the Danes as before I noted King Canutus the Dane as Ingulphus testifyeth which liued presently after him was so carefull to haue this duly payed with other dutyes belonging to the Church as being in his iourney towardes Rome he wrote backe to his Bishops and other officers in these words Nunc igitur obtestor c. Now then I doe beseech all you my Bishops other officers and all gouernours of the Kingdome by the faith which you doe owe vnto God me that you will so prouide that before my arriuall at Rome all debts be payed which according to auncient lawes are due That is to say the accustomed almes for euery plough the tythes of beastes borne euery yeare the Pence which you owe to S. Peter at Rome whether they be due out of the cittyes or the Countrey that by the middest of August you pay the tythes of your corne that at the feast of S. Martine you pay the first frutes of your seed to the Church and parish in which euery man liueth which payment is called Kâ—ke-seet And if these things be not performed by you before I retourne assure your selues that my Kingly authority shall punish ech man according to the lawes most seuerely without pardoning any Fare you well Vpon the yere of Christ 1032. So he And marke good Reader that he saith he will punish according to the lawes yea and in his former words that there are auncient lawes for these Dutyes to Rome which M. Attorney cannot bring for his assertion against the Pope so as in auncient common lawes we are now before him But let vs goe forward end this Demonstration 73. About thirty yeres after this againe King Edward the Confessor wrote to Pope Nicolas the second in these wordes Ego quâ— que pro modulo meo augeo c confirmo c. I also for some small gifte of myne doe encrease and confirme the donations of paying such money as S. Peter hath in England and doe send vnto you at this time the said money collected togeather with some Princely gyfts of our owne to the end that you may pray for me and for the peace of my Kingdome and that you doe institute some continuall and solemne memory before the bodyes of the Blessed Apostles for all the English-nation c. So good S. Edward 74. And when not long after him King VVilliam of Normandy obteyned the crowne he forgott not this law among the rest as afterward when we come to talke of him and his raigne in particuler we shall more at large declare For his tenth law in order hath this title De denario Sancti Petri qui Anglicè dicitur Rome-scotâ— of the Penny of S. Peter called Rome-scot in the English tongue And then he beginneth his law thus Omnis qui habuerit triginta denaâ—â— vinae pecuniae in domo sua de proprio suo Anglorum lege dabit denarium Sancti Petri lege DanoruÌ„ dimidiam marcam c. Euery man that shal hâ—uâ— the worth of thirty-pence of liuely money of his owne in his house shall by the law of English-men pay the penny of S. 〈◊〉 and by the law of the Danes shall pay halfe a marke And this penny of S. Peter shall be summoned or called for vpon the solemnity and feast of S. Peter and Paul and gathered vpon the feast of the Chaines os S. Peter so as it shall not be deteyned beyond that day c. thus the Conquerour in confirmation of that which other English Kings had done before him appointing also in the same place that his Iustice should punish them that refused to pay the said money or paid it not at the due day appointed 75. And to conclude this matter this tribute was continually paid from the first institution therof not only before the Conquest as now you haue heard but afterwards also by all the Norman Kings their Successours vnto King Henry the 8. as out of Polidor we haue seene And the same King Henry himself duely paid the same in like manner for more then twenty yeres togeather vntill he brake from the Pope and Sea of Rome vpon the causes which all men know Wherevpon this our Demonstration inferreth that all this while it is not likely they paying so willingly and deuourly this temporall tribute vnto the Popes of Rome that they denyed his spirituall iurisdiction or held him in that iealosie of competency for vsurping therby vpon their Crownes as now we doe And lastly that the supreme spirituall authority of Queene Elizabeth without any Act of Parlament was warrantable by these Kings lawes which is the mayne paradoxicall conclusion of M. Attorneys whole discourse against which we haue yet a Demonstration or two more so an end The nynth Demonstration 76. The nynth Demonstration then about this matter shall be the consideration of our English Kings their singular and extraordinary deuotion before the Conquest to the Sea of Rome which was such as diuers of them left their Crownes and Kingdomes after many yeres that they had raigned and ruled most gloriously at home and went to liue and dye in that citty some in religions habit and profession of Monasticall life as Kenredus King of the Mercians and Offa King of the East angles some in secular weed but of most religious deuout and exemplar conuersation as Inas and Ceadwalla Kings of the VVest-saxons some others went thither of deuotion with intention to retourne againe as the other great Offa King of the Mercians Adelnulph alfred and Canutus Monarches of all England and lastly good King Edward the Confessor had determined vowed a iourney thither in pilgrimage but that his Kingdome greatly repyninge therat in respect of the daungerous tymes two Popes â—â— and Nicolas decreed that he should not come as before we haue touched but rather bestow the charges of that voyage vpon some other good worke namely the encrease of the Monastery of VVestminster 77. And here I might enlarge my self much in the declaration of these particulers which we haue named and of many others that we haue omitted in this kind I meane of English Kings that leauing their temporall Crownes haue submitted themselues to the sweet yoke of Christ in religious life Iohn Fox in his Actes and Monuments doth recount nyne crowned Kings that became Monkes within the first two hundred yeres after Englands conuersion to Christian faith though all of them went not to Rome and some eighteene or twenty Queenes or daughters to Kings or Queenes that tooke the same course contemning whatsoeuer pleasures or preferments the world could giue them But of such Kings as went to Rome and made themselues religious there the foresaid Kenredus of the Mercians and Offa of the Eastangles were the most famous who agreeing togeather vpon the yere 708. as Florentins after S. Bede doth recount the history lest both their Kingdomes wiues children honours goods and the
greatly this violent seuerity towards Ecclesiasticall persons One thing saith he among so many excellent monuments of your royall vertues doth greatly mislike and afflict me and contristate my louing heart towards you that in the taking and detayning prisoner your brother Otho Bishop of Baion you had not that care which was conuenient of your Princely reputation but did prefer the secular caution of your temporall state before the law of God in not bearing more reuerence vnto Priestly dignity So he 4. And this very same violent nature of K. VVilliam who had byn a souldiar and borne armes and brought vp in continuall bloud-shed from eight years old as himself testifieth was that which pious and learned Lanfranke nominated chosen Archbishop of Canterbury after the deposition of the foresaid Stygand did so much feare and mislike at his first comming into England as may appeare by an epistle of his to Pope Alexander the second that had commaunded him sore against his will to leaue his monasterie in Normandy and to take that Archbishoprick vpon him but now being come into England and seeing how matters did passe there he was vtterly dismayed and besought the Pope by all means possible and by all the most effectuall wayes of persuasion he could deuise that he might be rid of it againe Your legat said he hauing gathered a Synod heer in Normandy commaunded mee by the authority of the Apostolike Sea to take the gouernment of the Church of Canterbury vpon mee neither could any resistance of my parte by laying forth the weaknes â—f my body the vnworthines of my person the lack of skill in the English tongue the barbarousness of the people nor any other such excuse take place with them wherefore at length I gaue my consent I am come hither into England and haue taken the charge vpon me wherin I find so great trouble and affliction of mind such rediousnes of my soule such want of courage in my self such perturbations such tribulations such afflictions such obdurations such ambition such beastlynesse in others and doe euery day heare see and feele such misery of the Church as it loatheth me to liue and am sory that I haue liued vnto this day For as the euils are great for the present so doe I expect far greater for the time to come c. Wherfore I doe most humble beseech your Highnes euen for Gods sake and for your owne soule that haue bound me to this charge that you will absolue me againe let me returne to my monasticall life which aboue all things in this world I loue and desire and let not me haue denyall in this one petition which hath both piety iustice and necessity in it c. 5. So wrote the Archbishop Lanfrank And that the most of this was meant in respect of difficulties with K. VVilliam himself it may be gathered by that in the same letter he desireth the Pope to pray for the said King VVilliam and among other points Vt cor eius ad amorem suum Sanctae Ecclesia spirituali semper deuotione compungat That God allmighty will stir his heart to loue him and his holy Church and bring it to compunction by spirituall deuotion For this was the thing that King VVilliam had most need of to wit spirituall compunction with a tender conscience whose affections were more out of order commonly then his iudgement which himselfe confessed with great lamentation at his death as you may read in Stow and other Authors For he I meane the King hauing related his hard proceedings in England he said that he was pricked and bitten inwardly with remorse and feare considering that in all these actions saith he cruell rashnesse hath raged And therfore I humbly beseech you ô Priests and ministers of Christ to commend me to the allmightie God that he will pardon my sinnes wherwith I am greatly pressed c. And wheras a little before he had raged in his warres against the Towne of Meaux in France and had burned diuers Churches therin and caused two holie men Anchorites to be burned in their Cells wherin they were included which might seem to be an act of no very good Catholike man God stroke him for it presentlie yet was not this of iudgement but of rage to vse his owne word and he sorely repented the same soone after and sent a great summe of money saith Stow to the Cleargie of Meaux that therby the Churches which he had burned might be repayred 6. And the same might be shewed by a like passionate accicident that fell out on the 13. yeare of his raigne and of Christ 1079. when hauing vpon ielousie of his estate forbidden that anie of his Bishops should goe ouer the sea to Rome Pope Gregorie the 7. wrote a sharpe reprehension therof to be denounced vnto him by Hubert his legat then residing in England saying that it was Irreuerentis impudentis animi praesumptio c. the presumption of an irreuerent and immodest mind to prohibite his Bishops to make recourse to the Sea Apostolike Which reprehension made him so enter into himself as he sent two Embassadours to Rome in Company of the said Hubert when he returned to excuse the matter and shewed himself afterward a most obedient and faithfull child to the said Church euen in that troublesome and tempestious time when Henry the Emperour with all forces impugned the same as appeareth by the letters yet extant of the same Pope Gregorie vnto him 7. Wherfore hauing premissed this for K. VVilliam and all his Successours of the Norman French English race in number aboue twentie for the space well neere of 500. years vntil K. Henry the 8. that whatsoeuer some particular actions of theirs vpon interest anger feare preuention of imagined daungers coÌ„petency or some other such like motiue may seeme to make doubtfull sometimes and in some occasions their iudgment or affection to the supreame Ecclesiasticall power and iurisdiction of the Sea Apostolike of Rome yet were they indeed neuer of anie contrary opinion faith or iudgment but held the very same in this point which all their auncestors the English Kings before the Conquest did and all Christian Princes of the world besides in their dayes And for K. VVilliam Conqueror in particular the seueral reasons that doe ensue may easilie conuince the same Reasons that shew VVilliam Conquerour to haue acknowledged euer the Authoritie of the Sea Apostolicke §. I. 8. First that before he would take in hand or resolue anie thing vpon the enterprice of England as already we hane notedâ— he sent his whole cause to be considered of examined and iudged by Pope Alexander the second shewing him the pretence he had by his affinity to K. Edward the Confessor deceased as also the said Kings election and nomination of him by testament the vnworthines of Harold the inuader the occasion of iust warre which he had giuen him
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
office for that saith Florentius from the time he was made Archbishop which was no lesse then two years it was not permitted vnto him either to hold any Synod or to correct the vices which were sprung vp through England Wherevnto Malmesbury and Edmerus that 〈◊〉 with him doe add that the King would not suffer him to goe to Rome to take his pall of the Pope as all Archbishops of Canterbury were accustomed to doe and the other greatly vrged to haue licence But after a long combat which he had had with the King diuers other Bishops that followed the Kings fauour in a Synod at London vpō the third weeke in lent Anno Domini 1095. and eight yeare of King VVilliam his raigne the said Archbishop being extreamly baited by the King his followers stood constant in his appeale to Rome 4. Which thing Rufus perceiuing saith Malmesbury he sent secretly certaine messengers to Rome to intreat the Pope which then was Vrban the second to send the Pall of Canterbury vnto the King to be giuen to whom he would Whervnto though the Pope would not yeeld yet he sent back with his messengers for Legate the Bishop of Albanum named VValta with the said Pall who shewed vnto the King so many reasons why the Pope could not yeeld to his demaund and intreated him so forceably to be content that he might giue the said Pall from the Pope to Anselme with accustomed ceremonyes in the Church of Canterbury as at length he obteyned the same and made them freinds 5. But this frendship lasted not longe for that the very next yeare after the King continued his old manner of oppressing the Church S. Anselme went vnto him to VVinchester and there first by intercessors desired the King that he might haue licence to goe to Rome to conferr diuers difficultyes of his with Vrban the Pope The King answered that he would not giue him licence for that he knew him to haue no such great sinnes that it was needfull for him to goe to Rome for absolution nor yet to be lesse learned then Pope Vrban whose counsaile direction he would aske Whervpon the Archbishop entring the Kings chamber sate downe by his side saith the Story and disputed the matter with him affirming him to deny Christ himself that denyed recourse vnto his Vicar vpon earth And thervpon he concluded that this licence could not be denyed him by a Christian King and consequently he would goe The King said he should carry out nothing with him The Archbishop answered he would goe naked and bare-foote Which firme resolution the King perceiuing to be in him vsed by messengers vnto him diuers intreatyes saith VValsingham and offered large promises of fauours if he would stay But the other would not but departed the Realme though he were searched and rifled by the Kings Officers at the port 6. By all which story it most euidently appeareth that albeit this young disorderly and passionate King were as well in this as in other matters headstronge and violent in pursuing his appetites desires as well in Ecclesiasticall as Temporall affaires yet did he neuer deny the Popes spirituall iurisdiction in England but rather acknowledged the same in sending to Rome to intreat that the pall might be sent to him as also in going about to diuert S. Anselms recourse thither But alas there passed not many years but God punished seuerely these greiuous sinnes against his Church For as both the foresaid Malmesbury Edmerus that liued with him doe write S. Anselms going to Rome frō thence with Pope Vrban to a Councell of Bishops gathered togeather at Bary in Apulia wherin among other things all lay-men were excommunicated that presumed to giue Ecclesiasticall Inuestitures as also those that receiued them at lay-mens hands which was thought principally to haue byn done in respect of King VVilliam he returned againe some years after into France and there passing his banishment with great quietnes of mind he being one day with S. Hugh Abbot of Cluniaecke famous in those dayes for holines the said Abbot told him in the hearing of diuers others that the night before he had seen King VVilliam called before God and receiued the sorrowfull sentence of damnation wherat all the hearers marueyling the next newes they heard from England was that the said King was strangely slaine by an erring arrow of his familiar seruant Tyrrell while he hunted in the New-forrest and that being stroken he fell downe dead without speaking any one word And the same authors doe recount diuers other the like presages and prognostications that happened as well to the King himself as to other friends of his in England portending this euent but neglected by him 7. And this shall suffice for King VVilliam Rufus who raigned thirteen years And though he was naught to all kind of men saith Malmesbury and pernicious in his actions as well to secular as Clergy men yet had he no other iudgement in matters of religion then his father or auncestors nor euer was he noted of any least difference therin Nor doth Maister Attorney bring any instance at all out of this Kings Raigne and therfore shall wee passe to his younger brother that ensued him in the Kingdome OF KING HENRY THE FIRST VVhich was the third King after the Conquest §. I. 8. This was the third sonne of VVilliam the great surnamed the Conquerour who finding the commodity by absence of his eldest brother Robert Duke of Normandy tooke the Kingdome of England vpon him hauing gained by faire promises the good-wills of all or most of the Realme and so was crowned by Maurice Bishop of London for that S. Anselm Archbishop of Canterbury was yet in exile as before vnder Rufus you haue heard 9. What the said Henry did sweare and promise and what he began euen from the very day of his Coronation to put in practice Florentius that then liued declareth in these words Consecrationis suae die Sanctam Dei Ecclesiam c. From the very day of his consecration he set free the holy Church of God which in his brothers dayes had byn sold and let to farme he tooke away all euill customes and remoued all vniust exactions wherby the Kingdome had byn wrongfully oppressed before commaunded that peace and freedome should be holden throughout the whole Realme He restored the law of S. Edward to all men in common with those additions or corrections which his Father had added thervnto c. So Florentius And what his Fathers additions were and how greatly in fauour of the Church and of Ecclesiasticall power authority and libertyes you haue heard before in his life and lawes Wherby we may easily ghesse with what mind and iudgement this man entered vnto his crowne 10. And albeit in this point he neuer altered yet there passed not two years of his gouernment but partely vpon Kingly appetite to haue power in all things and
Canterbury where the glorious body of Thomas the martyr lay where with abundance of teares and sighes going bare-foote and casting himself prostrate on the ground he did demaund pardon and mercie humbly beseeching first that the Bishops there present would absolue him and then that euery religious man would giue him three or fiue strokes of a discipline or whip on his bare flesh then putting one his apparell againe which in all their presence he had put of he rose from the ground and then gaue precious gifts to the said Martyr and his sepulcher and among other forty pounds by the yeare of perpetuall rent for maintenance of lights at the said Sepulcher and so giuing himself to waching fasting prayer for three dayes togeather it is not to be doubted saith he but that the said martyr being pleased with his repentaunce and deuotion God also by his intercession tooke away the Kings sinne So VValsingham 20. And presently in token heerof he saith that the verie same day wherin the King was most deuout in humbling â—imself and kissing the said martyrs Tombe in Canterbury God deliuered into his hands VVilliam King of Scotland who was taken prisoner by his Captaines and that vpon the same day also his rebellious sonne K. Henry the 3. hauing taken shipping to come with a great Nauye into England against him was driuen back by tempest the King himself going to London was receiued with extraordinary ioy of al his people by whose help he soone pacified and conquered all his rebells and thence going presently ouer into Normandy with a great armie and leading prisoner with him the foresaid K. of Scotland with diuers other enemies fallen into his hands hee so terrified the King of France and other his confederates that beseiged the Cittie of Roane as they retired presentlie and his sonnes Henry Richard Geffrey so humbled themselues vnto him as they were reconciled and receiued to grace againe all comming home togeather in one shipp saith VValsingham whom a little before it seemed that the wide world could not containe 21. And this was the effect of K. Henries deuotion at that time which Petrus Blesenâ—is also that was most inward with him doth â—estifie recouÌ„t at large in an epistle to his freind the Archbish. of Palermo in Sicilie wherin hee affirmeth not onlie that K. Henry assured himself that hee had all these good successes by intercession of the said holy martyr S. Thomas but moreouer that hee tooke him for his speciall Patron in all his aduersities Illud quoqâ—â— noueritis saith he Dominum Regem gloriosum martyrem in omnibus angustijs suis Patronum habere praecipuum This also you must know that my Lord the King doth hold the glorious martyr S. Thomas for his cheife Patrone in all his straites and necessities and the same you may read in Nubergensis that liued at the same time though not so intrinsecall with the King as the other And this passed at that tyme though afterward he committing his said Q Eleanor to prison for diuers years before his death and continuing his loose life with other women as hath byn said God for punishment permitted that albeit two of his sonnes Henry and Geffrey died before him yet the other two remaining Richard and Iohn and falling from him againe did so afflict and presse him as they brought him to that desolate end which before hath byn mentioned Though some other doe ascribe the cause heerof not so much to his loose life as to his irreuerent dealing sometymes in Church-matters For so two Bishops that were his Embassadours wrote vnto him in confidence as Petrus Blesensis doth testify saying Non est quod magis hostes vestros incitat ad conflictum quam quod arbitrantur Vos Ecclesia Dei minus extitisse deuotum There is nothing that doth more stir vp or animate your enemyes to fight against you then for that they persuade themselues that you haue sometymes shewed your self lesse deuout towards the Church of God And thus much of K. Henry OF THE RAIGNE OF K. RICHARD THE FIRST The sixt King after the Conquest §. II. 22 For that we haue byn somewhat large in the life of K. Henry the Father we meane to be breefer if it may be in his children who were only two that seruiued him and raigned after him to wit Richard Iohn for that the two other Henry that was crowned and named by him K. Henry and Geffrey Duke of Brittany after their many tumultuations conspiracies disobediences against their said Father died in his life tyme and of these two that liued he had little comforte as before you haue heard 25. And yet proued this Richard no very euill King afterward for the space of ten years that he raigned though vnfortunate both in warre and peace which men ascribe in great parte to the demerit of his owne disobedience against his said Father For punishment wherof both his owne brother Iohn conspired often against him and K. Philip of France hir colleage and confederate brake his faith with him and the Duke of Austria persidiously tooke and held him prisoner in his returne from Ierusalem and Henry the Emperour laid him in fetters and many other miseries followed and fell vpon him vntill at length he was disasterously slaine by a poisoned arrow shot out of a Castle against him as our histories doe testifie 24. But as for his religion it was all wayes truly Catholicke in no point different from that of all Christendome in his dayes And particularly in that which appertaineth to our controuersy he was most obedient deuout to the spiritual authority of the Sea Apostolicke in all his actions which I may proue by the authority of a whole Synod of the Archbishop of Roane and all his Bishops writing to Pope Celestinus the third in recomendatioÌ„ of his cause when he was Captiue sayinge Christianissimus Princeps Rex Angliae illustrissimus Dominus noster deuotissimus Ecclesia Romanae filius quem specialiter in suam protectionem susceperat in sua peregrinatione c. The most Christian Prince Richard King of England and our most honorable Lord and most deuout sonne of the Romaine Church whome the said Church had specially taken into her protection in his iourney to Ierusalem is now vniustly detained c. 25. But if this testimony were not yet all his other life and actions as hath byn said doe sufficiently testifie the same For first to goe in order and name some few of many it is registred by Houeden that liued at that tyme and was present perhaps at his coronation how religiously and humbly he receiued the same at the hands of the Archbishop and Clergy not calling himself King but Duke only vntill he was crowned Cum autem Dux saith he ad altare veniret c. When the Duke came before the Altar in presence of the Archbishops Bishops Clergie and people he first fell downe
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
out of King Henry which shall goe in this owne words as before we haue accustomed The Attorney In all the time of K. Henry the third and his progenitours Kings of England and ouer sithence if any man doe sue afore any Iudge Ecclesiasticall within this Realme for any thing wherof that court by allowance and custome had not lawfull Conusaunce the King did euer by his writ vnder the great seale prohibite them to proceed And if the suggestion made to the King whervpon the prohibition was grounded were after found vntrue then the King by his writ of consultation vnder his great seale did allow and permit them to proceed Also in all the raigne of Henry the third and his progenitours Kings of England and euer sithence if any issue were ioyned vpon the loyalty of marriage generall bastardy or such like the King did euer write to the Bishop of that Diocesse as mediate officer minister to his courte to certifie the loyalty of marriage bastardy or such like all which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and commaundement and that one of the Courts were so necessarily incident to the other as the one without the other could not deliuer iustice to the parties as well in these particular cases as in a number of cases before specified wherof the Kings Ecclesiasticall Courte hath iurisdiction Now to commaund and to be obayed belonge to soueraigne and supreme gouernment c. The Catholike Deuine 28. The conclusion or inference vpon this narration must be noted by the Reader to be M. Attorneys owne and not to be taken out of any other lawyers booke as the former parte of the narratiō is that telleth vs how the King appointeth that ech Court both spirituall and temporall shall handle matters and causes proper and peculiar vnto them and the one not to intrude it self into the affaires of the other and to this effect are his vvrits appointed of prohibition where matters are assumed which ought not in that Courte to be treated and of consultation to will them to proceed when their right is knowne All which maketh for vs shewing that the King would haue the subordination between these two Courts to be obserued and the spirituall to direct the temporall where any one thing might belonge vnto them both As for example if any man were impeached of bastardy thervpon his inheritance were claimed by another the Ecclesiasticall Court was first to giue sentence of the marriage whether it were lawfull or no then according to that sentēce was the tēporal Court to giue possession or not of the inheritāce 29. And that this was the true sincere meaning of the law at that time intending therby to shew the excellency and prerogatiue of the Bishops spirituall Courts aboue the Kings temporall is plaine and euident by an other Statute of this maner which M. Attorney would not see made in the 9. yeare of King Henry the 6. where it is ordained in explication of the former that when any such Plea of bastardie is held in any Courte of the Kings the Iudges therof shall make proclamation once in their Courte the Chauncelour of England certified therof by them shall cause to be made 3. seuerall proclamatiōs in 3. seuerall moneths in the Chaūcery That al persons pretending any interest to obiect against the party shall sue to the Ordinary or Bishop to whom the writ of certificate from the said Iudge or Iudges is or shall be directed to make their allegations and obiections against the party as the law of Holy Church requireth And that without this forme obserued al other processe shal be voide c. 30. And by this we may see how carefull the auncient lawes were to haue the spirituall Courte as the superiour well informed according to the law of Holy Church and how not only ordinary Iudges but the Chauncellour of England himself his highest Court of Chauncery was appointed to serue vnto this for that of the spirituall Courts iudgement depended in all such causes the iudgement of the temporall Courts And by this you will se also the vaine sleight of M. Attorney in telling vs that the King did euer write vnto the Bishop of that Diocesse as mediate officer and minister to his Courte to certifie the loyaltie of marriage c. For where doth he find in any ancient law at all those words as mediate officer and minister to his Courte in the latine himself leaueth out the words to his Courte though in calling the Bishop mediate officer or minister which is as much to say as superior officer for that in mediation and subordination of officers and ministers that gouerne the mediate hath the higher roome in respect of the people and Court wherof he is officer he includeth a contradiction against himselfe for then is the said Bishop also aboue all immediate temporall Iudges that must giue him certificate wherof the Chauncellour we se is one euen in the Kings temporall Courts themselues 31. But the inference is much more subtile when M. Attorney saith All which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and cōmaundement But M. Attorney must not so huddle vp iurisdiction and commaundement for that no man will deny but that all sortes of persons as before hath byn said are vnder the cōmaundement gouernement of the temporall Prince whom he may commaund ech one to doe their office duty in the Cōmon-wealth And so may he appoint Ecclesiastical Courts to notifie their sentences iudgements proceedings to his Courts his Courts to informe the Ecclesiastical Courts for good mutuall correspondence between them both which we graunt also to be necessary in euery Common-wealth 32. But iurisdiction which M. Attorney craftely confoundeth heer and shuffleth vp with commaundement is a far different thing importing a higher authority in the same kinde as if the temporall Prince haue iurisdiction Ecclesiasticall vpon Bishops and their spirituall Courtes then doth it follow that all their power in spirituall matters is subordinate to him and deriued from him and so were there no necessity of this distinction and subordination of spirituall and temporall Courts For that the Prince hauing both powers in himself might giue the same vnto any temporal Iudge to decide Ecclesiastical matters also in his Court which yet M. Attorney doth often deny that the Common-lawes can take conusaunce of such affaires And surely it is worth no lesse then laughter to heare him repeat so often The Kings Ecclesiasticall Courte as though this were sufficient to proue the Kings Ecclesiasticall authority in those Courts for that all Courts are the Kings Courts in that they are vnder his protection gouernement and direction and to the vse and profit of his people And so were also the Ecclesiasticall Courts of King Henry the third in this sense who yet chalenged no spirituall authority therin as by
pro eius anima deprecetur that such as passed by seing that crosse might pray for her soule And moreouer in particuler Stow out of auncient recordes doth affirme the said King to haue bestowed two mannors and nyne hamlets of land vpon the monastery of VVestminster for the keeping of yearely obits for the said Queene and for money to be giuen to the poore in almes 7. I leaue to speake of many other such actions of his as that he procured amongst other things the solemne most honourable translations of the bodyes of three English saints in his dayes S. Richard Bishop of Chichester S. Hugh Bishop of Lincolne and S. VVilliam Archbishop of Yorke He consented also and concurred that Q Eleanor his mother should leaue her Princely state and dignity and to be veyled Nunne in the Monastery of Almesbury and enioy her dowry which was great that she had in England all dayes of her life which was also confirmed to her by the Popes authority saith Mathew VVestminster yea and soone after he consented in like manner that his owne dearest daughter the Lady Mary also to whom he had designed a great and high state by marriage should follow the like profession of religions life in the same monastery though in this later he had much more difficulty to wynne himself to consent thervnto then in the former 8. And finally this other act also may be added for a full complement of his piety when he was in good tune which is recorded by the said Mathew of VVestminster that liued at the same time and perhaps was present that in the yeare of Christ 1297. which was the tenth before he dyed being to passe ouer the seas towards his warrs and hauing extremely vexed his people both spiritualty and temporalty with heauy exactions for the same and in particular broken grieuously with Robert VVinchelsey Archbishop of Canterbury he being now ready to departe called all the people togeather vpon the 13. of Iuly before the great hall of VVestminster and there standing vp vpon a certayne scaffolde of timber the said Archbishop of Canterbury newly reconciled vnto him remaining on the one side and the Earle of VVarwicke on the other and his little Prince Edward before him Erumpentibus lachrymis saith our Author veniam de commissis humiliter postulauit c. the teares breaking forth he did most humbly aske forgiuenes of his subiects for all that he had committed against them confessing that he had not gouerned them so well and quietly as became a King to doe but had taken their goods from them c. Adding further and saying Beholde I go now to expose my self and my life to danger for you wherefore I aske at your hands that if I returne againe you will receaue me in the place that now you hold me and I shall restore vnto you againe all that I haue taken from you and if I returne not then take this my childe and crowne him for your King Whervnto the Archbishop weeping abundantly answered that it should be so and the people with crying out and casting vp their armes promised fidelity and obedience vnto his ordination So Mathew VVestminster And this for his piety 9. But of the other point of his peremptory and violent proceeding diuers times with his subiects there want not also many examples especially in exacting often and great subsidies at their hands for his warrs of France Scotland and VVales wherin he was continually imployed was the first King in deed that euer brought VVales to be wholy subiect to England Lecline the last Prince therof being taken and slaine and his brother Dauid likewise apprehended and put to death in London by the same K. Edward 10. Alexander also King of Scotland being deceased and all his issue extinguished K. Edward as chiefe Lord tooke vpon him to decide that controuersie for the succession and in the end determined the matter in fauour of Iohn Baliol Earle of Galloway against Robert Bruse Earle of Valenand that pretended the same And albeit the whole nobility and people of Scotland bound themselues by obligation which our historyes doe set downe to stand to the iudgement of the said K. Edward yet in the end they would not but assisted the said Bruse made recourse to Pope Boniface the 8. to prohibite K. Edward to proceed in that matter and to commaund him to surcease from his warrs against Scotland which they pretended to be in the protection of the Sea of Rome and finally after much bloudshed and infinite expences both in this Kings tyme and his successours the of-spring of Bruse preuayled in that Countrey 11. But now as I said in respect of these warrs and many necessityes theron depending K. Edward was forced greatly to presse his people with exactions and to make them forfaite and buy againe their libertyes especially that of Magna charta and of the Charter of Forrest which as voluntarily he set forth and published in the beginning of his raigne as you haue heard so afterward the same not being obserued vpon instant suites of his people and nobility and contributions graunted him for the renouation therof he confirmed it two or three tymes in his life as often reuoked the same againe vntill he had more money And last of all in the yeare 1307. which was the last of his raigne he sued to the Pope for a dispensation of his oath made in that behalfe to keepe the said Charters priuiledges affirming them to be made against his wil by force of his peoples importunity 12. We reade also that in the yeare 1278. and sixt of his raigne he did depriue many famous Monasteryes saith Mathew of VVestminster of their auncient accustomed libertyes namely among others the Monastery of VVestminster wherin he had receaued saith he both baptisme confirmation and coronation and wherin his Fathers and other his auncestours bodyes lay And moreouer in the yeare 1295. he vsed great violence to all Monkes and religious men that were strangers and had their Monasteryes buylded by straungers in England for he tooke their Monasteries and goods from them allowing only to euery Monke 18. pence a weeke for his mayntenaunce for a tyme the next yeare after he commaunded vpon the suddaine all the Monasteryes of England to be searched and all their treasure to be taken violently and to be brought to London to his Exchequer for the charges of his said warrs And two yeares after this againe the same King holding his Parlament at S. Edmunds-bury and demaunding a great contribution of his people the Clergy denyed it pretending a new commaundement and constitution lately made by Pope Bonifacius the eight wherby he did forbid vnder paine of excommunication that any such exactions should be paid by Ecclesiasticall men without consent of the Sea Apostolicke wherat King Edward being offended though he would not contradicte the said constitution yet he
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 〈◊〉
should be first if he were supreme in that sorte of authority and that the matter went by rigour of law not by composition agreemeÌ„t And finally for that the Prince in this case cannot put in a Pastor immediatly from himself giuing him spiritual iurisdiction ouer soules but must present him to the Bishop or Metropolitan to be induced by him indued with that iurisdiction which he should not doe if his owne authority spirituall were greater then the said Bishops or Archbishops And so we see that M. Attorney proueth nothing by this allegation against vs but rather against himself The Attorney The King may not only exempt any Ecclesiasticall person froâ—â—â— the iurisdiction of the Ordinary but may graunt vnto him Episcopall iurisdiction as thus it appeareth there the King had done of auncient tyme to the Archdeacon of Rick-mond All religious or Ecclesiasticall houses wherof the King was founder are by the King exempt from ordinary iurisdiction and only visitable and corrigible by the Kings Ecclesiasticall commission The Abbot of Bury in Suffolke was exempted from Episcopall iurisdiction by the Kings Charter The King presented to a benefice and his presented was disturbed by one that had obtained Bulles from Rome for which offence he was condemned to perpetuall imprisonment Tithes arising in places out of any parish the King shall hâ—â—e for that he hauing the supreme Ecclesiasticall iurisdictioâ— is bound to prouide a sufficient Pastor that shall haue the Cure of soules of that place which is not within any Parish And by the common lawes of England it is euident that no man vnlesse he be Ecclesiasticall or haue Ecclesiasticall iurisdiction can haue inheritance of tithes The King shall present to his free Chappels in default of the Deane by lapse in respect of his supreme Ecclesiasticall iurisdiction And Fitz-herbers saith that the King in that case doth present by lapse as Ordinary The Catholicke Deuine 20 Heere be diuers particulars breifly touched which I shall answere with like breuity especially for so much as they are but notes and obseruations out of particular collections of Law-writers and not Laws nor Statutes themselues First then it is denied that in the time of this K. Edward the 3. his raigne either he or any other Prince temporall could exempt any Ecclesiasticall person from the iurisdiction of his Ordinary Bishop and much lesse graunt vnto him Episcopall iurisdiction as of himself and by his owne power only he might procure it by his suite to the Sea Apostolicke as before hath byn shewed vnder K. Edward the Confessor and other Kings before the Conquest and diuers after also namely K. Henry the third and his children And whatsoeuer is said heer to the contrary for those dayes is either â—ror or mistaking for that it was common Catholicke doctrine â—â— that time as it is now that Episcopall iurisdiction cannot be giuen by 〈◊〉 but by him that hath it eminently with superiority in himself which must be by ordination commission descent from th'Apostles to whom it was giuen in Capite as before we haue declared to descend downe by succession and the said ordination and imposition of hands to the worlds end vpon Bishops Prelates and Pastores by lawful subordination the one vnto the other which cannot fall vpon any lay Princes that haue not this ordination Ecclesiasticall as euery man of iudgement and void of passion will easily see and discerne And the example before alleadged of the great Christian Emperour Valentinian the elder that professed himself to be vnum de populo non de Clero one of the lay people and not of the Clergy and consequently not to haue authority to iudge among them and much lesse to giue or exercise spirituall iurisdiction doth shew what the faith and practice of the Catholicke Church was in this point aboue twelue huÌ„dred years gone 21. Heerby then it is euident how those religious houses wherof King Edward was founder namely the Abbey of Bury which is the 3. obiection were exempted by the Kings Charter from Episcopall iurisdiction to wit the King procured the same first from the Sea Apostolicke then confirmed it by his Charter as by many examples you haue seen diuers precedent Chapters of this Booke and namely vnder King Edward the Confessor King Edgar King Kenulph and King Inas before the Conquest 22. If one was condemned to perpetuall imprisonment for disturbing the Kings presentation by the Popes Bulles it is a question de facto as you see not de iure and such might the Kings anger or offence be as he might also be put to death for it some Iudges neuer wanting to be ready to satisfie Princes pleasures in such affaires yet this doth not proue the lawfulnes of the fact And we haue seen before that this King Edward the 3. vpon the 48. yeare of his raigne promised the Pope that he would neuer vse more that manner of proceeding by his writts of Quare impedit wherby it is like this man was so greiuously punished 23. The instance of tithes allotted to the King for maintenance of a Pastor in places without the compasse of any parish is a very poore and triflying instance First for that those places that are out of all Parishes are to be presumed to be very few and secondly what great matter is it if so small a thing be left in depossto with the King for vse of the incumbent that is to ensue We haue seen in our dayes that tithes and rents of the Archbishopricke of Toledo for example in Spaine being valued at three hundred thousand Crownes by the yeare were depositated many years togeather in the Kings hands that last dyed whiles the Archbishop Carança was called to Rome imprisoned there vpon accusations of heresie and other crimes laid against him and in the end sentence being giuen a great parte of that money was graunted to the said King by the Sea Apostolicke for his wars against Infidels And yet doth not this proue that the King of Spaine had this by any spirituall iurisdiction of his owne but by concession of the Sea Apostolicke 24. And wheras M. Attorney saith heere that by the common laws of England it is euident that no man vnlesse he be Ecclesiasticall or haue Ecclesiasticall iurisdiction can haue inheritance of tithes I would aske him first how he proueth that the King of England had these tithes by inheritance and not by ordination agreement or conuention And secondly how his Common law can determine that no man may enioy tithes but he that hath Ecclesiasticall iurisdiction wheras before in the 9. leafe of his booke he maketh tithes to be an Ecclesiasticall cause and out of the Conusaunce of the said Common-law 25. And finally his last inference that for so much as the King is to present to his free Chappels in default of the Deane by lapse that this is done in
respect of his supreme Ecclesiasticall iurisdiction is altogeather childish For that first to present includeth no Ecclesiasticall iurisdiction at all and much lesse supreme and may be exercised by meer lay-men as before hath byn declared at large vnder King VVilliam the Conquerour Secondly for the King to present to his free Chappels was as much to say in those dayes as that those Chappels being made free and exempted by priuiledges and franquises frō the Sea Apostolicke for otherwise they could not be freed from iurisdiction of their Ordinary the King presented vnto them by vertue of the Canon-law and commission of the said Sea Apostolicke as founder therof 26. And thirdly that he presented after the Deane and by lapse only and not in the first place signifieth plainely that his iurisdiction in that point if presentation may be called iurisdiction as in some sense it may was lesse then that of the Deane And so Fitzherberts words are to be vnderstood that in that particular case the King presēted by lapse as ordinary that is to say wheras in other benefices when the patron or partie to whom the election nomination or presentation first cheifly appertaineth presenteth not within such a tyme the Ordinary may present as hauing by composition the second right or power in that case and after him the Metropolitan and last of all the King Heer in the case of Free Chappels wherof the King is presumed to be founder after the Deane which hath the first right and this by no other meanes then by cōcession of the Sea Apostolicke in those dayes the King by priuiledge of the same Sea had right to enter in the second place insteed of the Bishop which proueth the quite contrary to M. Attorneys conclusion for it sheweth that the King had not supreme Ecclesiasticall iurisdiction in the case proposed but secondary and subordinate to that of the Deane But let vs see further The Attorney An excommunication vnder the Popes Bul is of no force to disable any man within England and the Iudges said that he that pleadeth such Buls though they concerne the excommunication of a subiect were in a hard case if the King would extend his iustice against him If excommunication being the extreme and finall end of any suite in the Court at Rome be not to be allowed within England it consequently followeth that by the ancient Common-laws of England no suite for any cause though it be spirituall rising within this Realme ought to be determined in the Court of Rome Quia frustra expectatur euentus cuis effectus nullus sequitur and that the Bishops of England are the immediate officers and ministers to the Kings Courts In an attachment vpon a prohibition the defendant pleaded the Popes Bull of excommunication of the Plaintife the Iudges demaunded of the defendāt if he had not the certificate of some Bishop within the Realme testifying this excommunication to whom the Counsell of the defendant answered that he had not neither was it as he supposed necessary for that the Buls of the Pope vnder lead were notorious inough but it was adiudged that they were not sufficient for that the Courte ought not to haue regard to any excommunication out of the Realme and therefore by the rule of the Courte the 〈◊〉 was thereby disabled Reges sacro oleo vncti sunt spiritualis iurisdictionis capaces The Catholicke Deuine 27. All that is heere said against the acceptance or admittance of the Popes Bulls for excommunication in England for of this only as speach in this place if it be meant of this K. Edwards time only as according to the argument it must and we haue seen that vnder former Kings the contrary was allwayes in practice how then doth M. Attorney talke heere againe of his auncient Common-lawes For if it began first vnder this King then was it a new law and not auncient and if further wee find no Decree or Statute therof at all in this Kings life as hitherto we haue not nor doth M. Attorney cite or quote any then might it be a matter only de facto of some Iudges who according to the current of that time and as they should see the King affected pleased or displeased with the Popes of those dayes would reiect or admit their Buls at their discretion And then doe you see vpon what goodly ground M. Attorney inferreth his conclusion that if the Popes Buls of excōmunication were not respected in those dayes it consequently followeth that by the auncient common laws of England no suite for any cause though it be spirituall rising within this Realme might be determined in the Courte of Rome And why so For that the Popes excommunication was not obayed in England 28. But I would aske him whether no sentence could be giuen without excommunication Or whether to such as beleeued the Popes authority in those dayes it were sufficient in conscience that the said excommunications were not admitted by some Iudges in their tribunals Or at least-wise no iudiciall notice taken of them except they came notified also from some Bishop as the second Case heer set downe doth touch therby insinuateth the solution of the whole riddle to wit that Iudges were not bound vnder this K. Edward to take publicke and Iudiciall notice of anie Bull of excommunication come from abroad and presented by any priuate person except the same came notified from some Bishop in authoritie within the Realme Which caution is vsed also at this day in diuers other Catholicke Countreys round about vs for auoiding trouble deceit and confusion to wit that Bulls and other authenticall writings from Rome must be seen and certified by some persons of authority within the Realme before they can be pleaded in Courte or admitted generally 29. To the last instance that Kings annointed with sacred oyle are capable of spirituall iurisdiction we denie it not but graunt with the great Ciuill-lawyer Baldus before mentioned and all Canonists that diuers cases of spirituall iurisdiction may be graunted by the Sea Apostolicke vnto annoynted Kings and so often it hath been done especially to Kings of England as former examples haue declared namelie of K. Edward the Confessor But this assertion of capacitie abilitie to receiue some sorte of spirituall iurisdiction if it be committed vnto them doth not proue that they had the said iurisdiction in themselues or of themselues by vertue of their Crownes or annoynting as M. Attorney would haue men beleeue But let vs heare further The Attorney Where a Prior is the Kings debitor and ought to haue tithes of another spirituall person he may choose either to sue for subtraction of his tithes in the Ecclesiasticall Courte or in the Exchequer and yet the persons and matter also was Ecclesiasticall For seing the matter by a meane concerneth the King hee may sue for them in the Exchequer as well as in the Ecclesiasticall Courte and there shall the
of Parlament was that whosoeuer hereafter should attempt or procure any such prouisions he should be out of the Kings protection whereby euerie man might lawfullie kill him c. 35. And in the same Parlament the like and many other inconueniences are represented against reseruations of benefices by the said Sea Apostolicke and Bishops therof whervpon it is decreed by the King and his great men and Commons that the said reseruations shall not bee suffered or admitted for the time to come as a thing not due to the Sea Apostolicke But that all Archbishops Bishops and other dignities and benefices Electorie in England shall bee permitted to free election as they were graunted by the Kings progenitours founders therof and the auncestors of other Lords that had founded any such benefices and might haue reserued to themselues as Patrons and founders the presentations there vnto 36. Moreouer Complaint being made by diuers of the Kings people that many were greatlie troubled and drawne out oftentimes of the Realme by vnquiet and litigious people that made appeals to Rome to answere to things wherof the Conusaunce pertained to the Kings Court c. It was assented and accorded by the King and by the great men and Commons that whosoeuer should draw any man out of the Realme in plea wherof the Conusaunce pertained to the Kings Courts should incurre the daunger of Praemunire And finallie that no man presume to cite sue vex molest any by Censures procured from the Popes Courte against any for obseruing these laws and like other ordinances vpon paine of seuere punishment c. 37. To all which we answere that diuers circumstances may bee considered about these Statutes Ordinances and Decrees as well of the times and persons as of the occasions causes and manner of doing And to begin first with the last it may bee that either all or some parte of these restrictions might be made by some kind of consent or toleration of the Popes themselnes vpon the often representing of the inconueniences which we haue seen before made by diuers Princes from K. Henry the 3. down-ward and the answers as well of Innocentius the 4. as other Popes that the said inconueniences should be remedied And to the same effect putteth downe VValsingham this K. Edwards letters at seuerall times to sundry Popes for that end And vpon the yeare 1373. â—hich was the 47. of his raigne long after the making of these Statutes he sent againe to Gregory the 11. to intreat his consent and good will to the same Rex Edwardus saith Walsingham eodem anno misit Ambassiatores ad Dominum Papam rogaus câ—m c. The same yeare K. Edward sent Embassadours to the Pope praying him that he would be content to surcease from prouiding benefices in England that Clerks might enioy their rights to Ecclesiasticall dignities by elections as in old time they were accustomed So as heere we see that the King pretended right by ancient custome in these affaires Neither did this Pope altogeather deny it For VValsingham addeth super quibus articulis nuncij à Papa certa recepêre responsa c. vpon which articles the Kings messengers receiued from the Pope certaine answers of which they should informe him at their returne that nothing should be determined vntill the King had written againe his mind more fully vnto the said Pope And then in the next yeare after he saith as before you haue heard that the Pope and the King were agreed vpon these and like points 38. And if this were so at this time then may it be presumed also that before vpon the 25. yeare of his raigne when he first made those Statutes of restraint he had also some secret consent or conniuency of Pope Clement the 6. or Innocentius the 6. that immediately ensued him to the same effect at least wise for the ceasing of prouisions and reseruations except only vpon great and weighty causes for in such cases we find that they were vsed also afterward and that ambitious busie and troublesome people that should deceitfully procure such prouisions or rashly and vniustly appeale or molest men with Citations Censures and the like should be punished And this was a thing so needful oftentymes as S. Bernard himself that liued vnder King Henry the first and writing to Pope Eugenius that had byn his scholler of the great abuses of troublesome appellatioÌ„s in his dayes wisheth him as on the one side to admit all due appellations which of right were made vnto him and to his tribunall from all partes of the world so on the other side to punish them that made them vniustly 39. All which being considered togeather with the time before noted wherin K. Edward made these restraints to wit when he had great warrs in France for challenge of the Crowne and no small iealousie with the Popes Cardinals and Roman Court as being all or the most parte French at that day and residing in Auinion in France the continuall clamours also of his people much exaspered by certaine particular abuses and excesses of some Ecclesiasticall officers the maruaile is not so great if he tooke some such resolution as this de facto at least for satisfying especially of the laity who were most instant in the matter Yea by whom only it seemeth to haue byn done For that in none of these Statutes is mentioned expressly the consent of the Lords spirituall but of the King and Great men Magnatum in Latin and of the Communalty which is repeated in euery of the forsaid Statutes except one where is said The King by the assent and expresse will and concord of the Dukes Earles Barrons and the Commons of this Realme did determine c not mencioning at al the Bishops Archbishops Abbots and other Ecclesiasticall Prelates that had right of suffrage in those Parlaments and consequently how far this probation de facto doth proue also de Iure I leaue to the Reader to consider 40. Only we conclude that howsoeuer this was either by right or wrong for the manner of determining certaine it is that King Edward did not therby diminish any way his opinion or iudgment of the Popes spirituall authority as may appeare by al his other actions writings to the same Sea afterwards and of his respectiue carriage and behauiour not only towards the Popes but to his owne Clergy also in England in all matters belonging to their superiority Ecclesiasticall In proofe wherof vpon the very selfsame 25. yeare of his raigne wherin the former Statutes of restraint were decreed against such of his subiects as should offend therein he made another Statute intituled A confirmation of all libertyes graunted the Clergy And after ward vpon the 31. yeare another Statute intituled A confirmation of the great Charter and of the Charter of the Forrest Which great Charter containing the priuiledges libertyes and superiority of the Church is confirmed by him againe in
he great difficultyes notwithstanding both therin and by domesticall conspiracyes not only the Lollards and VVickliffians but his owne nobility also kinred and cheife officers conspiring against him and seeking his ouerthrow And finally when he was in the very middest and heat of his wars and Conquest and his life and health most desired both by himself others he died with much affliction of mind in France leauing a little child of his owne name that was but eight moneths old to preserue and defend that which he had gotten but could not as the euent proued 4. This young infant then borne as it were a King of two so great Realmes and crowned in Paris it self which no other King of England euer was before or since drew out a longe raigne for almost forty yeres but intangled with many aduersityes and varietyes of fortune in which he lost first all his States of France not only such as his Father had gotteÌ„ by dint of sword but other likewise which his progenitors had inherited by lawfull succession of bloud and then by little and little leesing also at home his kinred trustie freinds that by Ciuill wars were cut of he lost at length his Kingdome being twise depriued therof and finally his life and progeny became a pittifull example of Princely misery and so this line of Lancaster entring by Gods designement as it seemeth to punish the sinnes of the former line of Edwards and Richard before mentioned and especially that as many thinke of their rough proceeding with the Church now were punished also themselues by another line of Yorke for continuing the said rigorous and preiudiciall lawes against the priuiledges and franquises therof which was written to K. Henry the 6. by Pope Martyn the 5. as Polidor noteth and he promised reformation therin but the thing depending of consent of Parlament was neuer effected nor that good motion put in execution 5. But yet that all these three Kings of the house of Lancaster were perfectly and zealously Catholicke no man can deny and infinite arguments are extant therof yea and of this point also in particular of their acknowledgment and reuerence of the soueraigne spiritual authority of the Bishop of Rome in the Church of Christ. And therfore King Henry the fourth considering the great hurtes and scandals that had ensued for many yeres togeather by schisme of Anti-Popes in the Sea Apostolicke was so carefull and diligent to procure and assist the Generall Councell indicted at Pisa in Italy for the extinguishing therof as not only he sent learned Prelates vpon his charges thither to help assist the said Councell as namely Robert Bishop of Salisbury and other learned men but wrote very pious letters also both to Gregory the 12. that was the true Pope and to all his Cardinals by a speciall Embassadge of his owne persuading the said Pope by diuers godly and prudent reasons to persist in his mind and promise of giuing ouer the Popedome as the other Anti-pope called Benedictus the 13. had in like manner promised Of which his letter to the said Pope he making mention in another to the foresaid Cardinals saith Cupientes ostendere quem zelum habuimus habemus vt pax detur Ecclesiae c. we desiring to shew what zeale we haue had and haue that peace be giuen to the Church we haue by consent of the States of our Kingdome sent our letters vnto his Holines c. 6. And when this Councell of Pisa tooke no great effect vntill fiue yeares after when in the tyme of his sonne K. Henry the 5. the generall Councell of Constance in Germany was appointed for the same effect the said sonne K. Henry the 5. following his Fathers piety heerin caused the Archbishop of Canterbury Henry Chychley to call â—â—â—â—t a Councell in England to choose fit English Prelates to be sent to that Councell and so were chosen not onlie the foresaid Bishop of Salysburie sent before to Pisa but Bath and Hereford also togeather with the Abbot of VVestminster Prior of VVorcester and other famous learned men to whom the King added for his Embassadour the Earle of VVarwycke to accompany them thither where the said schisme being extinguished by the deposition of three that pretended to be Popes and Martyn the 5. being established in that seate the whole Christian world was put in peace thereby 7. And for that in the same Councell the heresies of VVickcliffians and Lollards were especially condemned and anathematized the same decrees were presently admitted and put in execution in England by the zealous commaundement of the said K Henry the 5. though his father K. Henry the 4. and the whole State had preuented that decree by making temporall laws in confirmation of the Canonicall and Churches laws for the punishment of the said Lollards and VVickcliffians that denyed the Popes Supremacy and caused manie of them to bee burneed and so did K. Henrie the 6. also during all the time of his raigne whereby as by infinite other thinges that might bee alleadged their beleife and iudgment in that behalfe is sufficiently declared though in respect of some temporall inconueniences and the inclination of their people vpon former complaints they recalled not the said restraints laws or ordinances made by their progenitors wherof now we shall speake more particularly in answering the instances alleadged by M. Attorney our of their raignes Instances alleadged out of the Raigne of King Henry the fourth the thirtenth King after the Conquest §. I. The Attorney 8. It is resolued that the Popes Collectors though they haue the Popes Buls for that purpose haue no iurisdiction within this Realme and there the Archbishops and Bishops c. of this Realme are called the Kings spirituall Iudges The Catholicke Deuine It is to bee considered who resolued this and vpoÌ„ what ground for it maie bee there was some agreement taken between the Pope and the Realme in that behalfe concerning the Collectors authoritie as in other Catholicke Countreys also at this daie wee see there is Neither had the said Collector by his office anie ordinarie iurisdictioÌ„ but extraordinarie onlie by particular commission And commonly those collections were made cum beneplacito Principis with the good liking of the Prince where they are made Archbishops Bishops maie bee called the Kings spirituall Iudges for that they are his subiects as Peers and principall members of the Realme as before hath been declared and doe liue vnder his protection but not as though they receiued their spirituall authoritie or iurisdiction from him for then might he execute the same authoritie and iurisdictioÌ„ by others also which are no Bishops as by his Chauncellour and temporall Iudges giuing them the same iurisdiction which no man would affirme in that time as lawfull But let vs see his second Instance The Attorney 9. By the auncient lawes Ecclesiasticall of this Realme no man could be conuicted
well by the words of the Statute which are these VVhere the Kings most excellent Maiesty is by gods law supreme head immediatly vnder him of his whole Church of England intending the conseruation of the same Church in a true sincere and vniforme doctrine of Christs religion calling also to his blessed and most gratious remembrance the innumerable commodities which ensue of concord and vnity in religion c. hath therfore commaunded this his most high Court of Parlament to be summoned as also a Synod of all the Archbishops Bishops and other learned men to bee assembled c. for a full and persect resolution of certaine Articles proposed which are the former six his Maiesty also most gratiously vouchsafing in his owne Princly person to descend and come into his said high Courte and Councell and there like a Prince of most high prudence and no lesse learning opened and declared manie thinges of high learning great knowledge touching the said Articles matters questions whervpon after great and longe deliberate disputation and consultation had and made it was finally resolued as before c. 17. Thus you see how maturely this matter was done and resolued by the new head of the English Church and his Counsell which resolution not withstanding I presume M. Attorney and those of his religion will not well allow à parte rei though for his authoritie they may not denie it according to their owne grounds in that he did contradict therin the Popes and so in this respect they seem to bee but in pittifull plight for that neither the one nor the other head serueth well their turnes And with this wee shall leaue King Henry the 8. who in all the rest of his raigne which as hath byn said was but the third parte after his spirituall headship of that he had raigned before in acknowledgment of the Popes Supremacie his Decrees Ordinances and actions though they were inconstant variable yet were they all except this only controuersie of the Popes authoritie against Protestants and their religion as appeareth both by his solemne condemning and burning of Iohn Lambert for denying the Reall presence the next yeare after this Statute was made as also of Anne Ascue and others vpon the last yeare of his life for the same heresie and of manie others for other Protestant-opinions so as I doe not see how M. Attorney can much glorie in this first headshipp of his Church of England especially that being true which Bishop Gardiner preached and protested publikely at Pauls Grosse in Queen Maries time that K. Henry dealt with him a little before his death for reconcyling himself to the Pope by restoring to him his authority againe if with his honour it might bee brought to passe but before this could bee treated he died and thereby was frustrated of his good purpose therin The answere to certaine Instances of M. Attorney out of this raigne of K. Henry the eight §. II. 18. And this might suffice for King Henries raigne but only that M. Attorney vpon the recitall of certeyne of the said Kings Statutes made by himself for his owne spirituall Supremacy which I hold not needfull for me to stand to answere he moueth a doubt and answereth the same in such sorte as is worthy of consideration His doubt is that for so much as K. Henry was now declared head of the Church and all Ecclesiasticall iurisdiction taken from the Pope in England and in English affaires what shal become of the Canons or Canon law togeather with the Constitutions and Ecclesiasticall Ordinances depending of the Church of Rome wherby the spirituall Courts of England were wont to bee gouerned you shall heare his answere in his owne words The Attorney If it bee demaunded saith hee what Canons Constitutions Ordinances and Synodals Prouinciall are still in force within this Realme I answere that it is resolued and enacted by authoritie of Parlament that such as haue been allowed by generall consent and custome within the Realme and are not contrariant or repugnant to the Laws Statutes and Customes of this Realme nor to the damage or hurte of the Kings prerogatiue Royall are still in force within this Realme as the Kings Ecclesiasticall laws of the same Now as Consent and Custome hath allowed those Canons so no doubt by generall consent of the whole Kealme anie of the same maie bee corrected enlarged explained or abrogated For example there is a decree that all Clerkes that haue receiued anie manner of Orders greater or smaller should bee exempt pro causis criminalibus before the temporall Iudges This decree had neuer anie force within England First for that it was neuer approued and allowed of by generall consent within the Realme Secondly it was against the laws of the Realme as it doth appeare by infinite presidents Thirdly it was against the prerogatiue and soueraigntie of the King that any subiect within this Realme should not bee subiect to the laws of this Realme The Catholicke Deuine 19. Heere you see two points touched in this answere First the resolution it self and then the confirmation therof by a speciall example The resolution is very ambiguous doubtfull and vncertaine if you consider it For he saith that such Canonicall laws are to bee still in force as were allowed by generall consent not contrariant to the laws statutes and customes of this Realme nor importe anie dammage to the Kings prerogatiue Royall And what are these thinke you And how vncertaine a rule is this prescribed for laws whereby matters of conscience must be determined Who may not say in his owne case or others this Canon or Constitution though it be of neuer so auncient Councels or Decrees of the Church for of such consisteth the Canon-law was neuer allowed by generall consent of England this is contrariant to some Statute or Custome this importeth dammage to the Kings prerogatiue Royall and so indeed by establishing this new headship the whole body of Ecclesiasticall regimēt was ouerthrowne though M. Attorney to salue the matter saith that the said Canonicall lawes should remaine still in force with the restrictiōs aforesaid as the Kings Ecclesiasticall lawes which is as much to say as that these Canon-lawes that were made by generall Councels Nationall or Prouinciall Synods and by the Popes of Rome themselues shall not remaine as their lawes but as the Kings lawes for that he retaineth them of which poore refuge I haue spoken often before how weake and idle it is 20. But now for his particular example chosen out to proue that the generall Canonicall lawes of the whole Church receiued throughout Christendome may be corrected and enlarged explaned abrogated by a particular Countrey which is contrary to the common Maxime that no law can be abrogated but by the same authority by which it was made and allowed or greater I cannot but maruaile that he would insist vpō the exemption of Clerks from secular
the Kings Ecclesiasticall lavves or the Ecclesiasticall lavves of England Statut. de Consult editum an 24. E. 1. The explication true meaning of the former prouision 〈…〉 â—â—dâ—â—ations 〈◊〉 anno 5. Edouardi 2. 〈◊〉 18. 〈◊〉 â— cap. 5. Different Courtes shevv different origen of authorityes M. Attorneys common refuge refuted These 2. Kings made most restraints The punishment of these tvvo Princes and their posterity for their violence vsed tovvards the church Particular motiues of K. Edvvard 3. for proceeding as he had VValsingam in vit Ed. 1. anno â—341 The Kings letter to Pope Clement the sixt The complaint reasons against prouisions froÌ„ Rome * Sup. 35. â— â— VValsingam 〈◊〉 vita Edouards 3. The humble supplication of King Edvvard to the Pope before he made his restrictioÌ„s King Edvvardes great embassage vnto the Pope King Edvvards protestation of obedience for himself and his The continâ—ance of the Popes proâ—â—â—â—â— in England VValsing in vita Ed â— an 1366. Diuers other examples The lavve of premunire Polidor hist. Angl. lib. 19. A concordate betvvene the Pope and K. Edvv. for prouisions Supra cap. â— â— 4. 1. instance 16 â— 3. 〈◊〉 excom 4. 1. Ansvvere VValsing in vita Edou 3. anno 1340. â— instance In the Raigne of Ed. 3. â— Ansvvere Snprâ— fol 9. The common lavv cannot determine vvho shall giue cure of benefices vvith spirituall authority belonging therevnto This instance maketh against M. Attorney himselfe 3. Instance 17. â— 3. 23. 20. E 3. enâ—oâ—â—â— 9.16 E. 3 tit bâ—â—u 66. 21 E. 3.6 â— H. 7. 14. Fâ—â—z Na. br 2. Ed. 3. â—â—t excom 6. 21 E. 3. 4. fol. 4. 23. E 3. l. Ass pl. 75. 27. Ed. 3. fol 84. Fitz Na. Br. fol. 34. The Ansvvere to the first second 26. 〈◊〉 King Edâ—vard did not giue Episcopal iurisdictioÌ„ Supra cap. 2. 3. The saying of the Emp. Valentin Supra cap. 4. Supra cap. 6. To the 4. Trifling obiectioÌ„s To the 5. To the sixth Supra cap. 7. M. Attorneys case plaine against himself The 4. Instance 30. E. 3. l. ass pl. 19. 32. H. 4. 16 14 H. 4. 14. 8. H. 6. fol. 3. 35. H. 6. 42. 28 H 6. 1. 7. Ed. 36 14. 11. E. 4. 16 Fitz. Na. Br. fol. 64 E. vide 9. E. 4. fol. 3. hereafter fol. 11. It ought to be determined in the Ecclesiastical Courtes of EnglaÌ„d 21. E. 3. tit excoâ— 6. 31 â— 3. tit Ayde de Roy 103. The Ansvvere Bulls from Rome not admitted except they come certifyed froÌ„ some Prelate at home Sâ—â— Sup. cap. 7. Kings are capable of ecclesiasticall iurisdiction by commission The â— Instance 38. ass pl. 30. See the stat of 15. E. t. c. 4. 31. E. â— c. 11. 38. Ass. pl. 22. 46. E. â— tit pramunure 6. 49. E. 3. l. Ass. pl. 8. The Ansvvere Some things may beloÌ„g to differeÌ„t courtes in different respects Supra in 〈◊〉 â— VVhy the Abbot of VValtam vvas seuerely punished The â— Instance The summe of the first restraint about Prouisions Stat. 25. E. 3. de prouisoribus The Ansvvere AgreemeÌ„t betvvene the King and Pope about prouisioÌ„s VValsing in vita 〈◊〉 an 1371. See S. Bernard a◠〈◊〉 â—l 2. de Consideracione ad Eugeniâ—â— Of the reasons manner of coÌ„cluding these restraints by K. E. the 3. King Edvvards restraints diminished not his devv respect to the church An. 2â— E. 3. â—tat 3. Stat. â— cap. 1. 42. E. 3. â— 1. The disordinate life of K. Edvvard the third VValsing in vita Edouardi 3. an 1340. This King raigned 12 years froÌ„ 1377. to 1399. The causes of K. Richardes disorders King Richard often confirmed the libertyes of the church The practice of Church-libertyes by Clergy-men vnder K. Richard the second Respect borne by King Richard to the true Pope 2. Rich. 2. cap. 7. King Richard obeyed the Censures of the Church VValsing an 1379. M. Attorneys Instance out of this K. Raigne The crovvne of EnglaÌ„d not subiect to any in temporalityes In vvhat sense the Bishop yelded to the statute of Premunire K. Henr. 4. raigned 13. yeares from 1399. to 1412. Stovv in Kent 4. H. â— raigned ten years from 1412. to 1422. Richard Earle of Cambridg Henry lord Scroope treasurer Edmond Earle of March c. H. 6. raigned 18 yeres from 1422. to 146â— Polidor lib. 12. Hist. Augâ— in Hen. 6. VValsing in vita Henriei 4. an 1490. English Prelates sent to the Councell of CoÌ„stance Lavves for executing of Lollard and vvicklifists First Instance 2. H. 4. fol. 9. The Ansvvere Hovv Bishops may be called the Kings spirituall Iudges Supra cap. â— 2 Instance Fitz. Nat. 〈◊〉 269. This had a resemblance to an Attainder of treason â—herin there must be first an ind4ctment by one Iurie and a conuiction â—y anâ—ther 11. H. 4. 37. The Ansâ—â—re Tvvo condemnation not euer necessary in case of hâ—resy M. Attorneys marginal note reproued In Cod. l. Manicheos l. Arriani l. Quicunque apud Paul Diacon l. 14. 16. * See cap. ad abolendum cap. excoÌ„municamus extra de haeret in 6. de heret cap. Super co 6. Decâ—et l 5. 〈◊〉 2. de liçreticis An. 1227. Decree of Pope Gregory the nynth about proceeding against heretickes Causa 15. q. 7. c. Si quia tumidus ex con 1. Carthag Hovv the Pope in old time might alter English lavves 3 Instance 1. H. 4. fol. 69. 76. 14. H. 4. f. 14. vide 20. E. 3. l. ass pl. 19. before vide 13. E. 3. Certificat 6. vide 20. H. 6. 1. 35. H. 6. 42. 7. E. 14. Fitz. Na. Br. 46. ff 14. H. 4. 14. Statut. de 2. H. 4. cap. 3. Ansvvere to the first To the second VVhence Bishops courtes haue their authority * Râ—portes fol. 8. 9. To the third The King may commaund the Bishop to doe his duty 4 To the fourth 4 Instance Stat. 6. H. 4. 1. The Ansvvere Against brybing in Rome and other like abuses The first instaâ—ce of the Attorney Stat. de 3. H. 5 cap. 4. The Ansvvere This statute maketh nothing for M. Attorney Statut. de 2. H. 5. â— 7. Lâ—llardy a â—olio For as Cockâ—e is the 〈◊〉 of the Corne so is heresie the destruction of true religion Statut. de 2. H. 5. c. 1. The Ansvvere VVhy teÌ„porall Iustices medled vvith Lollards VValsing in vita Heâ—riâ—s 5. VVhence the name of Lollards vvas taken The three conuersions of EnglaÌ„d part 2. â—ap 9. nu 31. cap. 19. num 34. 35. c. For in his booke of Acts and monuments pag. 419. â— H. 6 fol. â— 9 H. 6. fol. 16. 1 H. 6. 1â— To the first Bullâ— could not be promulgated vvithout the certificate of a Bishop To the second See Supra cap. 6. 3 to the third K. Ed. 4. raigned .12 yeres from 1460. to 1483. Syr Thom. More in â—it Richards .2 〈◊〉 â— Richard 3. raigned from 14â—3 to 1485. K Henry the seueÌ„th raigned from 1485. to 1509. to vvit 24. yeres All fovver Princes agree in our
Benedict and others all making the same accompt of the Roman Church doctrine sanctity and authority thereof as the former Fathers did And hovv then could come in this transfusion and transmutation of gold into lead vvhich you dreame of M. Attorney and are content to deceaue your â—â—f and others to your eternall perill of perdition 〈◊〉 this nevv inuention of a golden wedge vvhereof â—â—n saie that you are a fast friend but this apperâ—â—yneth rather to my second argument to shevv the morall impossibilitie also of this seelie fiction For let vs suppose that there vvere a wedge â—â— gold so dearelie bought and purchased so careâ—â—â—lie deliuered and â—o earnestlie recoÌ„mended to the possessors as the Church of Christ vvas vnto his disciples and follovvers and that there vvere so â—any vvatch-men appointed to looke continuâ—â—lie vpon this golden wedge and so sure a guard allovved them for defence of the same as Christ appointed Pastors ouer his Church offering them for guard his vvhole povver and omnipotencie â—o defend it and if this vvere so hovv could this â—â—edge that from the beginning vvas pure golde â—â—e imagined to loose her nature and passe into other baser mettalls or be melted mingled dissolued or changed into the same vvithout that any â—ne of the foresaid vvatch-men should open his â—outh resist or testify this chaunge Are not â—hese morall impossibilities and metaphysicall imaginations onlie to delude your selues and others â—6 Let vs compare then brieflie these matters togeather VVe read in all Authors and see by experience that in sixteene hundred yeares sinâ— Christ his Church vvas founded and set on foot that in euerie age the Doctors Prelates and Pastors that vvere vvatch-men of the Church for that time vvere so diligent in their vvatch as 〈◊〉 least errour or heresie appeared in their daies buâ—â— presentlie they cryed out made vvarre against iâ— and finallie by help and assistance of their guard and Captaine in the end ouercame and vanguished the same Let the examples of Simon Magusâ— Philetus Hymenaeus Cerinthus Ebion Menander and other heretickes rising vp amongst the Apostle be examples for the first age Saturninus Basilide Carpocrates Cerdon Valentinus Marcion Apelleâ—â— and others for the second Nouatus Sabellius Manes Noetus and their follovvers for the third Arrius Aerius Photinus Iouinian Donatus Apollinaris their adherents for the fourth so in euerie age vnto our dayes vvherein no man vvas spared though he vvere neuer so great no former meritts respected though neuer so many if he vttered any thing against the common receaued vniuersall Catholicke faith And so vve see that both Origen and Tertullian most rare learned men vvere condemned Osius and Lucifer Calaritanus tvvo famous Bishops noted S. Cyprian also one of the oracles of the Christian vvorld called in question for points of doctrine different from the vniuersall Church VVhereof vve doe inferre most euidentlie and â—â—ainlie that if any Fathers in the eusuing ages â—â— vttered anie thing in their speaches sermons vvritings that in any least point had byn different from the said vniuersall Catholicke doctrine it vvould haue byn resisted in like manâ—â—â— and noted in one Countrey or other and â—â—er vvould haue passed for Catholicke doâ—â—â—ne to their posteritie vvithout note or repreâ—â—sion at all As for example to take one for all for that â—â—one all maie be iudged of If S. Augustine that 〈◊〉 more then a hundred yeares after those marâ—â—â— Popes of Rome vvhich you mention did â—â—th preach and vvrite in so manie places of his â—orkes of Purgatory of the Sacrifice of the Masse â— Iustification by good vvorkes of Praier for the â—â—â—d of the single life of Clergy-men of the Perfection â—â—religious life of the Preheminencie of the Sea of â—â—me and manie other such articles expreslie â—â—posite to that you hold commonlie in England â—hich he handleth so plainlie as anie of vs can â—â—e in these our dayes if anie of these pointes â—â—d byn strange or nevv doctrine at that time 〈◊〉 so much as suspected of error heresie or falâ—â—â—ood no man of common sense can imagine â—ut that they vvould haue byn contradicted or â—oted by some man or other so manie learned godly men liuing vvith him and after him bâ— this vvill neuer be proued to be so or that the points or the like vvherein vve differ from 〈◊〉 Protestans vvere either in him or other noted â—â— condemned for heresies and consequentlie bâ—â— this argument of morall euidence it is conuinceâ— that they vvere neuer accompted either errors 〈◊〉 heresies before the hereticall contradictions 〈◊〉 these later ages sprang vp that by such as vveâ—â— accompted and condemned by the vniuersal Church of Christ for hereticks themselues 28. And as for the comparison of the true Catholicke Church of Christ vnto a wedge of gold so mingled vvith lead copper baser mettalls as it cannot be knovvne vvhere it is is a verie base and leadden comparison by M. Attorneyes leaue For if the Church must baptize the Church must instruct vs the Church must gouerne vs and minister vs Sacraments resolue our doubts and giue vs directions to life euerlasting hovv can men repaire vnto her that is so hidden couered as she can neither be seene nor found Nay you saie it makes no great matter where she is so you be certaine that she be By vvhich doctrine a man in England may be as vvell saued by a Church in Constantinople or in the Indyes as in England it self seing there is no conuersation necessarie vvith it no coÌ„ference to treaty no recourse no dependence of it no obedieÌ„ce vnto it nor importeth it vvhere â—t be so I be sure it be in some place though I knovv not vvhere or in vvhome And vvhat doth â—his certaintie auaile me M. Attorney if I haue no â—enefit from her These be those monstrous and strange Chimeraes in deed floating in vncertaintyes vvhich you mention in your Preface to the Reaâ—er for that these are euacuations and exinanitioÌ„s â—f all fruite of Christian doctrine dravving all to â—eere fancyes of idle conceites vvithout effectes â—f anie substantiall fruite or spiritual helpe vvhatâ—oeuer For vvhereas all the ancient Fathers in all â—â—eir vvorkes doe labour to set forth vnto vs the â—â—finite real benefits vvhich vve receaue by being in the true Catholicke Church as all those before mentioned of instruction gouerment grace â—y Sacraments remission of sinnes and the like and that it is impossible to be saued vnles a man â—â—e in her reuerence her heare and obey her feare â—â— go out of her and consequentlie haue daily and â—ourlie treating vvith her and dependance of â—â—er vvvhich cannot be vvithout certaine knovvâ—â—dge vvhere she is or euident signes hovv to knovv and discerne her from all others you by a contrarie nevv deuise neuer heard of I thinke beâ—â—re doe affirme that it importeth not where your church was for many ages and hundreds of yeares so â—â—at she were at all 29. And thus much for her
inuisibilitie in those ages but novv she is become visible in our daies Nay you doe set her forth vvith so great an enlargement of greatnes and glorious apparence as you say she is more extended now then ours For that quoth you vve haue all England all Scotland all Germany all Denmarke all Poland a great part of France and some part of Italie VVherein your large extension of your Church in this second parte of your Relation if vve could beleeue you is no lesse strange then vvas your restriction of her secresie and inuisibilitie in the first For vvho vvil graunt you al England for Protestants vvhen they shall see so many prouisions made against both English Catholickes Puritanes vvhich later part of men as vvel as the former that they caÌ„not make one Church vvith you shall preseÌ„tlie be shevved in the Preface of this vvorke 30. Hovv you haue all Germany for youres there being so manie religions and the greatest parte Catholicke and other different Sects greatlie disagreeing from you I knovv not by vvhat figure you can make your Reader to beleeue that you speake truth The like I saie of Denmarke vvhere al are Lutheranes and not of your Church nor vvill it admit Caluinistes to dvvell or dy or be buried amongst them Of all Poland it is a notable hyperbole for so much as both the King â—â—d State professe publicklie the Catholicke reliâ—â—on and the Sectaryes that are in that kingdome â—â—e Trinitarians Arrians Anabaptists more perhaps â—â—nuber then Caluinistes I marueile you omitted â—â—ecia and Noruegia vvhere as they are not Cathoâ—â—â—kes so are they not of your religion or Church 〈◊〉 nor those of France neither though they be â—â—luinistes for as for your some parte of Italie I â—old to be no parte at all nor vvas it anie thing â—se but a certaine ouerflovving of your speach to â—ake the full sound of a greater number the Proâ—â—stants of France I say cannot make one Church â—â—ith you as neither those of Scotland vvith the residue of Holland Zealand and other of â—â—ose Prouinces vnited of Geneua as their Moâ—â—er-Church these I say being all Puritanes â—â—d Precisians cannot make any Church vvith â—ou in that vnion of faith and doctrine vvhich â—â—e vnity of a Church requireth as by your and â—â—eir ovvne confession vvritinges testimonyes â—â—d protestations is extant in the vvorld to be â—â—ene Wherefore I shall desire the intelligent Reaâ—â—r to make vvith me a briefe recollection about â— Attorneyes doctrine for his Church First he â—â—aunteth as you haue heard the Roman Church 〈◊〉 haue byn the true Mother-Church for diuers â—ges togeather spread ouer the vvhole vvorld dilated throughout all Prouinces perspicuous eminent and admirable in florishing glorie by the greatnes and multitude of her children professing Christ euery-vvhere in vnion of faith doctrine and Sacraments as the holie Fathers iâ— those ages and others ensuing doe testify vnto vs 32. Secondlie he vvill haue this glorious Churcâ— so to haue fallen sicke pyned and vvitheredâ— vvay vvithout groaning and so to haue vanisheâ— out of mens sightes as she could not be knovvn vvhere she vvas for many hundred yeares togeather nay he vvill haue her to be like a wedge oâ— golde so corrupted and mingled vvith lead anâ— tinne as no man can tell vvhere the gold lieth except he try it vvith the touch-stone vvhich touch stone in our case he saith to be the scripture vvhereby the Church must by euerie man be tryed and touched so as ech one that vvill knovv this Church and haue benefit from the same musâ— touch her first see vvhether she be the Church or no and so in-steed of submitting himself vnto her and to be directed by her he must first makâ— himselfe touch-maister and Iudge ouer her 33. Thirdlie M Attorney hauing shifted of this time of the inuisibility of his Church in this sort he novv in this last age maketh her so visible againe vpon the suddaine as that she comprehendeth all the Churches of the aforenamed Kingâ—â—mes of vvhat Sect or profession soeuer so that â—â—â—y differ from the Catholicke vvhich are some â—â—ne or ten Sectes at the least al dissenting amoÌ„g â—â—â—mselues professing in their vvritings actes â—â—d doings that they are not of one religion nor â—â—nsequentlie can be of one Church and yet eâ—â—â—ie one goeth vvith his touch-stone in his hand 〈◊〉 vvit the Bible as vvell as M. Attorney and are â—eady to touch him and his Church as he them â—â—d theirs but vvith different effect and successe 〈◊〉 he fyndeth by this touchstone as you haue â—â—ard that all they are of his Church but they â—â—d euery one of them by the same touch-stone â—â—e fynde the contrary and not one of them vvill â—â—unt I saie not one of all the vvhole number of nevv Sectes that the Church of EnglaÌ„d as novv standeth is either the true Church of Christ or â—â—eir Church and in this I dare ioyne issue vvith â— Attorney out of their ovvne bookes assertions â—â—d protestations So as novv M. Attorney that vvhich in the â—â—â—iptures is so memorable of it self so commenâ—â—d by Christ our Sauiour so respected by the Aâ—â—stles so testifyed and defended by the primitiue â—artyrs so magnifyed by the ancient Doctors â—â—d Fathers and by all good Christians so reueâ—â—nced and dreaded I meane the glorious name â—f the Catholicke and vniuersall Church and the benefit to be in her and of her vvithout vvhich no saluation can be hoped for of Christ but ineuitable and euerlasting perdition by vvhich on the other side and in which saluation onlie maie be attained all this I saie is come to be so poore base and contemptible a thing vvith you and so vncertayne as you knovv not vvhere your Church is nor greatlie care so that at all she be and vvhen you name your Sectary-brethren and associates therein they denie you and your alliance as you see and vvhen you assigne your touch-stone of scriptures they vse the same against you and proue thereby youres to be no Church and ech one of themselues in seuerall to be the onlie true and Christian Church And this haue you gained by leauing the Roman vvhich you graunt in old times to haue byn the holy mother-Church see vvherevnto you are come and this shall suffice for this matter 35. This epistle vvould grovv ouerlong if I should entertaine my self in all the impertinent speeches vvhich you had that daie in your glorie as it semeth against Catholickes the least parte vvhereof did in vvise-mens sightes concerne the prisoner at the barre though by your Rhetoricall application all vvas dravven vpon him by hooke or by crooke for that Yorke VVilliams Colen Squiar and Lopus vvere brought in squadron to muster there to that effect vvherof all notvvithstanding except the last are defended and their conspiracies most euidentlie proued to haue byn feygned by a learned vvorthy and vvorshipfull gentleman of our Countrey dedicated these yeares past to the Lords of the late
Queenes priuie Counsell and vvhether they vvere true or false yet touched they not Fa Garnet vvho neuer had acquaintance or treaty vvith them 36. And vvhereas you saie that he came into England with purpose to prepare the way against the great compounded nauy that followed in the yeare 1588. It is euident that his comming into England vvas tvvo yeares and a halfe at the least before the saied time vvhen there vvas neither notice nor speach nor perhapps so much as a thought of that nauie to come and vvhen aftervvard it appeared on our seas it had not so much as one English Priest or Iesuit in all that multitude of men vvhich is like it vvould haue had if M. Henry Garnet and M. Robert South-well that came in togeather had byn sent to prepare the vvaie for the same Your combinations also of bookes and attemptes the one allwaies as you saie accompanying the other though you esteemed it perhaps a vvittie fine deuise and probable to the vnlearned hearers that cannot distinguish of times or things yet others that looked into the matter more iudiciouslie and found neither coherence of time or subiect betvveene the booke by you named and the attempts pretended laughed in their sleeues remembring the saying of the Poet Non sat commodè diuisa sunt temporibus tibi Daue haec I vvill reapeat your vvordes of one onlie comparison and thereof let the rest be iudged Then cometh forth Squiar saie you with his plot of treason but this not alone neither but was accompanyed with another pernicious booke written by Dolman vvhich vvordes importe that Dolmans booke did accompanie Squiars treason but he that shall examine the order of Chronologie shal fynde in this matter that Dolmans booke vvas in print foure yeares at least before Squiars treason if he committed treason vvas euer heard of nor hath the argument of the booke anie more affinitie at all vvith Squiars fact then hath a fox vvith a figg tree but onlie that your floating Chimeraes intoxicating to vse your ovvne vvordes your hearers braynes doe make you seeme to speake oftentimes mysticallie vvhen in deede you speake miserablie 37. Yovv remember I thinke hovv the aforesaid gentleman in his booke for others doe not forget it gaue you a friendlie reprehension by the vvordes of the famous Orator Catulus or rather of Cicero in his name for a ridiculous fact of yours in vveeping and shedding manie teares in follovving the fiction of Squiars conspiracie at the barre therebie to vvynne credit and shevv your self admirable at that time to the Earle of Essex and others in authoritie but novv I am to expostulate vvith you vpon this occasion for another no lesse patheticall excesse vttered in pleading against M. Garnet vvherein not so much your teares did run as your haires did stand and stare and your eares glovv to heare blasphemie vttered by him in a certaine letter of his intercepted VVherein saie you was conteyned one of the most horrible blasphemyes that euer I heard proceed from any Atheist and maketh my haire to stand on end to thinke of it So you saie 38. And vvhat vvas this horrible blasphemie good Syr that put your tender and religious hart in such a pittifull plight and horror It follovveth that he had written with the iuyce of a lemmō to his friendes abroad out of the tower that he had byn often examined but nothing was produced against him but yet necesse est vt vnus homo moriatur pro populo So you alleadged the text and added presentlie See how he assumeth most blasphemously to himself the wordes that were spoken of Christ our Sauiour but I hope ere he dy he will repent him of this blasphemy 39. But good Syr did you looke vpon the place of S. Iohns gospell before you recited the same and plaied this pageant in so solemne an essemblie Yf you did then vvill you fynd that these vvordes vvere spoken by an euill man vnto an euill sense in his ovvne meaning to vvit by Caiphas that persuaded first in a Councell gathered vpon the resuscitation of Lazarus to put Christ to death thereby to content the Romanes vvho had the vvhole Ievvish nation in iealosie of their loyaltie tovvardes the Emperour and that novv by putting one to death that vvas accused though falslie to denie tribute to be paied to Cesar they should cleere their credit vvith the said Emperour and by his onlie death preuent the destruction of the said Ievvish people by the Romane armies and therefore he said Expedit nobis vt vnus homo moriatur pro populo non totagens pereat It is expedient for vs that one man dy for the people to the end the vvhole nation be not destroied And therefore he saieth not necesse est as you cite the vvordes but expedit to shevv his politicall drift therein 40. And this being Caiphas his crastie and vvicked counsaile and his vvordes in his sense bearing this meaning the holie ghost vvhich as S. Chrysostome and other holie Fathers doe affirme ostantum non scelestum eius cor attigit moued his tongue and not his vvicked mind and vvas in his vvordes not in his sense made him vnvvittinglie to vtter a prophesie and a great high misterie that except one man to vvit Christ should die for the sinnes of the people none could be saued Novv then Syr this sentence of Caiphas hauing tvvo meanings and senses as you haue heard let vs examine vvhich vvas most probable to be vsed and alluded vnto by M. Garnet vvho gathering by manie coniectures that you and some other of his good friendes had a great desire to bring the Iesuitts vvithin the compasse of this late odious treason or at least-vvise vvithin the suspition or hatred thereof for that the lay-gentlmen partakers of the fact vvere thought to be deuoted tovvardes them and their Order and seing that God vnexpectedlie had deliuered him into your handes he might verie vvell thinke that he at least should paie for the rest and die also of likeli-hood for disgracing the rest and in that sense alluded to the vvordes of Caiphas tending to like policie 41. But novv for the second sense vvhich particularlie designed the death of Christ our Sauiour for the redemption of man-kinde none I thinke is so simple as vvould imagine M. Garnet to applie to himself though in this point also M. Attorney is to be taught out of true diuinitie that diuerse places vttered litterallie of Christ in holie scripture maie secondarily also by allusion be applied vnto men and this vvithout all horror of blasphemie or imputation of Atheisme vvhich are M. Attorneyes passionate accusations in this place As for example vvhere the Prophet vvriteth of him Et cum iniquis reputatus est he vvas esteemed vvith the vvicked vvhich vvas meant immediatlie and principallie by the holie-ghost of Christ and yet by allusion it maie be applied to anie of his seruants And that
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
of the whole entire body of the Realme 15 You see whervnto this deuise tendeth to make yt a matter of treason to deny this fancy of M. Attorney that for so much as the Canons and Ecclesiasticall lawes of the Church made by Popes and by Generall Councells from tyme to tyme and receued vniuersally for spirituall and Ecclesiasticall matters throughout the Christian world were receued also and allowed by the Kings Comnn wealth of England which was an euident argument of their acknowledging of the said Ecclesiasticall Iurisdiction of the Church and spirituall gouernours therof of this approbation and allowance he would inferr that these lawes were the Kings lawes though deriued as he sayth from others that is to say from Popes and Bishopps At which inference I doubt not but that his fellow-lawyers will smile And truly I am sory that he being accoumpted so great a man in that faculty which is wont to reason well hath giuen so manifest occasion of laugther For that euery puney young student of law will see by common reason that the admitting of an other mans lawe doth not make it his lawe or that he had power to make that lawe of himself but rather to the contrary it sheweth that the admitter acknowledgeth the other for his Superiour in all matters contained vnder that law For the power of making lawes is the highest power that principally proueth dominion in any Prince and the admitting and obeying therof by another Prince is an euident argument of inferiority and subiection and so here the admitting of the Popes Ecclesiasticall and Canon-lawes was an argument that the admitters acknowledged his supreme authority in Ecclesiasticall affayres 16. Neyther is M. Attorneys example of the Romans or Normans any thinge to the purpose all For that the Romans did not take from the Athenians any formall lawes made by them for the gouernment of the Romans for that had been to acknowledg superiority as before hath bene said but rather they taking a suruey of all the Grecian lawes aswell of Athens as other Common-wealthes or States they tooke parcells therof here and there and applied the same to their Common-wealth which was properly to make lawes of them selues And the like may be sayd of the Normans if they borrowed any of their lawes from England which yet I neuer read in any Author besides M. Attorney but rather that the Normans gaue lawes to England 17. But nowe in the Canon-lawes receiued in England for almost a thousand yeares together after our first Conuersion the matter is farr different for that these were receiued wholy and formally as lawes made by another superior power in a different Tribunall different causes sent expresly to England and to all other Christian Kingdomes to be receiued and obserued and some also out of the same Ecclesiasticall power made within the land by Synodes and Prelates therof and promulgated to be obserued both by Prince and people formally and punctually as they lay and so were receiued admitted allowed and put in execution by the said Prince and his Officers except perhaps some tymes some clause or parte therof might seeme to bring some inconuenience to the temporall State for which exception was made against it and the matter remedied by common consent And this was another manner of admitting lawes then the Romans admitted some peeces of there lawes from Athens or rather translated some pointes of the Athenian lawes into theyrs which was to make them selues Maisters of thus lawes and not receiuers or admitters And finally wee see by this to what poore and pittifull plight M. Attorney hath brought the title of his booke De Iure Regis Ecclesiastico Of the Kings Ecclesiasticall law to witt that it is the Popes Ecclesiasticall law◠in deed made and promulgated by him and his but receiued and obeyed by the King and consequently not the Kings law but the Popes 18. Wherfore to conclude the first part of this Chapter for so much as M. Attorney by these two arguments De Iure which are the only he mentioneth hath proued no right at all of supreme spirituall Iurisdiction to haue accrewed to Q. Elizabeth by the title and interest of her temporall Crowne but rather the contrary to witt that both his Arguments haue proued against himself we see therby how vnable he is to proue his said affirmatiue proposition by this first head and sorte of proofe De Iure I shall now in the second part of this chapter endeuour to prooue the negatiue by as many sortes of rightes and lawes as any thing may be proued that is to say not only by Canonicall Ciuill lawes but by law of Nature also of Nations Mosaycall Euangelicall and by our ancient Common-lawes of England all which doe concu◠in this that Q. Elizabeth being a woman could not haue any supreame spirituall power or Iurisdictiō in Ecclesiasticall matter◠THE SECOND PART OF THIS CHAPTER VVherin is shevved that Q. Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction §. I. 19. First then being to performe this we are professe in this place that we meane not to imitate the proceeding of some Protestants in this behalf who following no certayne rule of doctrine no◠moderation in their doings or writings doe passe to extreames therfore feeling themselues greiued vnder Q. Maryes raigne with the course of Catholike religion then held tooke vpon them to publishe that women were not capable of any gouerment at all Temporall or Spirituall nor to be further obeyed than they would make Reformation in Religion for so they called it comforme to their willes and prescriptions as appeareth by the bookes writings and actions both of Goodman VVhitingham Gilbye Knockes others who taking their fire of fury from Geneua sought first to kindle the same in England and being repulsed thence brake into open flames of combustion in Scotland and neuer coassed vntill it brought two Noble Queens mother and daughter to their ruyne and afterward put their heire and successor into such plunges by those and other heades of like doctrine and desperate attemptes answerable therunto as Gods right hand did only preserue him from like ruyne 20. But we are not of this spirit to seeke reuenge by such new brayn-sicke doctrine we graunt that Queens may lawfully raigne inherite that Successiō which euery Countrey by their peculiar lawes doth allow them The great Kingdome of France doth excude them so doe many lesser States in Italie and Germany and other Countryes yet doth Spaine England Scotland and Flanders admitt them for preuenting other inconueniences when Male-sucessors doe fayle So as for this point of Q. Elizabeths temporall gouerment we haue no controuersie in this place If any fell out betweene her and the Bishop of Rome whose authority she tooke from him and applyed it to her self and many otherwayes exasperated him that fact appertayneth not to vs that are priuate men to iudge
proued For that he that giueth a power to an other is presupposed to haue it first in himself for that no man can giue that which himself hath not so as if Q. Elizabeth did giue any spirituall Iurisdiction to her Bishops to teach preach make Ministers absolute loose sinnes and the like who otherwise could haue no such authoritie at all she might no doubt haue exercised the same in her owne person as in all temporall Iurisdiction we see that whatsoeuer power the King giueth to any Gouernour Iudge or Magistrate to exercise in his name he may exercise the same also him self if he wil. And the same holdeth in the Pope for any spirituall Iurisdiction or function that he committeth to any Bishop Priest or Clerk whatsoeuer 42. A third reason is taken ab inconueniente to wit from this inconuenience that if a Queene could be spirituall head of the Church and should marry without making hir husband King she should be his spirituall head also to loose and bind his sinnes and to exercise Ecclesiasticall Censures of Iurisdiction Suspension or Excommunication against him at her pleasure and he for his part should be bound in conscience vnder payne of sinne to heare and follow her doctrine if at any time she list to preach vnto him or to prescribe what he must beleeue or not beleeue in matters of faith which besides that it should be contrary to that we haue alleadged before out of S. Paul and Christ his Institution for the subiection of women in these causes it would be very absurd and ridiculous also as you see and vnworthie of the excellent gouerment of Christ his Church instituted and framed by the highest wisdome of almighty God 43. Wherfore lastly to shutt vp this matter after all these proofes alleadged we shall adioyne one only more which howsoeuer it be esteemed of vs yet ought it to be of singular great moment with M. Attorney and this is the vniuersall agreement of all Protestants both of Caluin Luthers sect commonly throughout the world except only in England And as for Caluinists the matter is cleere if we respect France Germany Holland Zeland Scotland and other places who all agree in this point following therin their first Author Iohn Caluin who not only in the place by me alleadged vpoÌ„ Amos the prophet but in diuers other places also of his workes doth earnestly impugne not only this Ecclesiasticall power of a woman but of any temporall Magistrate whatsoeuer affirming further in a certayne epistle of his to his freind Myconius that those who defend the same are prophane spirits and mad-men and that the Lord with the breath of his mouth shall destroy them and that both he and his would encounter and fight against them with a valiant and inuincible Zeale c. Of the same opinion and spirit was Theodore Beza the cheife scholer and successour of Caluin in his chayre of Geneua as appeareth by his writings and another chiefe scoller and companion of them both named Viretus in his dialogue intituled Of white Diuells calling them false Christians and dissembled diuells that defend this false position of Princes Ecclesiasticall Supremacy though they couer them selues saith he with the cloake of the Ghospell and then setteth he downe foure or fiue arguments to proue the position to be false which I pretermitt to recite in this place for breuities sake remitting the Reader to the booke it self for that it is exstant in English And I doe passe ouer the writings of many other principall men of that profession both in England and abroad who in this point are no lesse opposite and earnest against M. Attorney that we and are knowne in England by the name of Puritanes or precise Caluinists who being the farre greater parte if we respect all Countreyes about vs must needs in this point be confessed to haue more reason the thing being affirmed so earnestly as you haue heard by Caluin himself than the other of that sect who for pleasing of teÌ„porall princes are accused by them to hold the contrary For that if Iohn Caluin be to be followed in all the rest as they confesse why not also in this And if the holy-ghost fayled him in this so important a point as comprehendeth the whole gouerment of their Church and the lawfull or vnlawfull vocation and function of their whole Ministerie what certaintie can they haue in any other thinge or point of his doctrine 44. But now not only those of the Caluinian sect but others also of the Lutheranes doe laugh at our English Protestants for holding this position of M. Attorney about Queene Elizabeths Spirituall and Ecclesiasticall Supremacie wherin not to weary the Reader which enumeration of many witnesses I shall alleadg only one for all but yet such a one as may well stand for all For that he is the most eminent and principall man of them all to vvitt Martâ—nus Keronitius an ancient publike Reader of diuinity among the Lutherane Sect in Saxony that hath written many volumes for defence of the said sect in our dayes 45. This man then being consulted and demaunded his opinion by the Prince Elector of Brandeburg what was to be done in certaine points concerning those of the Caluinian sect he answereth him in a large epistle extant in print allowing first and greatly praysing the Princes iudgment Quod consultum non esse iudicat vt cum Caluinistis Generalis Synodus habeatur That his Highnes thought it not expedient to hold any generall Synode with the Caluinists as they desired for composing of Controuersyes betweene Lutherans and them 46. Secondly he addeth his owne iudgment vnto that of the Prince Elector about punishing the said Caluinists within his State affirming Non expedire vt punitionis officium contrae Caluinistas intereà temporis penitus quiescat It was not expedient that the office of punishing Caluinists should cease in the meane space vntill the said generall Synode were held as they demaunded 47. Thirdly and lastly hauing resolued these two points he passeth ouer to giue his iudgment in like manner to the said Elector about the Religion held in England and of Q. Elizabeth her self and her title of supremacy saying first that no good thing in Religion was further to be expected from her that she had vsed hardly the Protestants of Germany that she saw and felt noâ— a third sect risen vp in her Realme of Puritanes that hated both her and the other Caluinians that followed her who were enimies in like manner to Lutherans So he And then passing yet further he scoffeth merily that she being a woman had taken vpon her to make Ecclesiasticall lawes Et quòd faemineo à saeculis inaudito fastu se Papissam caput Ecclesia fecit That with a womanly pride neuer heard of in former ages she had made herself a She-pope head of the Church Thus Kemnitius And marke that he saith à saeculu inaudito
which is the very decision of our Question For that by these phrases clauses is signified as in the Canon-law and particulerly throughout the sixt booke of Decretals may be sene is properly meant that the Church and Clergie is free from all iurisdiction of temporall Princes except only in Ciuill matters and that their goods and persons are exempted from Princes secular Courtes that they are immediatly vnder their Prelates and they againe vnder the Sea Apostolike vnto which may lawfully be made appeales when iust occasion is offered that no lay iudge may sitt in iudgement vpon them or giue sentence ouer them or lay hand vpon their persons or goods but referre them to their owne Ecclesiastical Emperours other such points as may be seen in the Canon-law in the places before cited And you haue heard before in the second Chapter of this booke how conforme all these things are to Gods law and how willingly they were embraced approued and allowed by the first Christian Emperour Constantine and his Successours and by all Christian Catholike Princes since that tyme throughout the world but especially and aboue others in comparison by our English Kings before the Conquest and after also as in their dew places shal be shewed 6. And so when the forenamed Kings Edgar Edward in their very first law doe sett downe and determine as Fox also confesseth that the Kings office is to keepe cherishe mainteyne and gouerne the Church within his Kingdome which worde gouerne I haue shewed before to be wrongfully put in out of his due place and to apperteyne only to the gouernement of the Common-wealth with all integrity liberty according to the constitution of all their Auncestors and predecessours and to defend the same against all enemyes c. they doe in all this but approue and second the Popes Canon-lawes decrees therof for the preheminence of the Clergie and therby they doe directly ouerthrowe M. Attorneys proposition so doe all the Kings in like manner after the Conquest who following this example doe euer in the beginning of their lawes renew and confirme this lawe of King Edward for the libertyes and priuiledges of the Church and Church men As first the Conquerour himself as afterwarde in the next Chapter more largely shall appeare when we come to speake of him in particular whose lawes are sett downe by Houaden and others and are as effectuall for the Church as could be deuised after him to omitt K. Iohn and others Henry the third who was the chief founder of our present later Common-lawes and author of the Great Charter His first law likewise is for the foresaid liberties of holy Church in these wordes VVe haue graunted to God and by this our present Charter haue confirmed for vs and our heyres for euermore that the Church of England shal be free and haue all her rights wholie and her liberties inuiolated c. 7. This Charter of K. Henry did Edward the first his sonne publishe and confirme after him as appeareth by his owne preface prefixed before the said Magna charta And Edward the second that ensued after him not only ratifyed the same but added other Statutes also called Articuli Cleri in fauour of the same Clergie And in K. Edward the third his tyme I finde the same Charter confirmed and ratifyed by diuers and seuerall Statutes as namely in the first second fourth fifth and fourtenth yeare of his raigne and the like in the first sixt seuenth eight nynth yeare of K. Richard the second and in the first second fourth seauenth nynth and thirtenth yeare of K. Henry the 4. and in the third and fourth of K. Henry the 5. and in the sixt of K. Henry the sixt c. 8. And herby now though we goe no lower may the indifferent Reader see how vayne M. Attorneys vaunt was and is that he would proue and demonstrate by the auncient lawes of our Realme that Q. Elizabeth had supreme iurisdiction Ecclesiasticall by vertue of her Crowne And yet hitherto hath he alleadged no one lawe at all within the compasse of nyne hundred yeares togeather but only certaine impertinent scraps and raggs nothing making to the purpose nor worthy the gathering vp as after when we come to examine them will appeare And we on the contrary syde haue so many so auncient and so authenticall lawes as you haue heard and afterwardes shall be more particulerly declared for proofe of the opposite proposition iâ— his that all spirituall iurisdiction was only in Ecclesiasticall persons both bâ—sore and after the Conquest vntill K. Henry the 8. his dayes And thus much of this first demonstration concerning lawes The second Demonstration 9. The second demonstration is deduced from an other consideration not inferiour to the former which is that when â— Ethelbert of Kent for example was sirst of all other Kings conuerted to Christian faith by S. Augustine the Monke sent from Pope Gregorie the first to that effect vpon the yeare of Christ 600. and that by this occasion a new Ecclesiasticall Common-wealth was to be instituted and erected within his dominion concerning matters depending of Religion farre different from that which passed in his Realme before when he was a Pagan as namely to omitt matters of doctrine and meere spirituall gouernment concerning marriages legitimation of children burying paying of tythes iurisdiction of Bishops and priests the like that might seeme in some sorte to be mixt and concerne also the Common-wealth to whome was the recourse made sor direction counsaile and ordinance in these affaires to K. Ethelbert think you or to S. Gregorie the Pope no man will say I think to K. Ethelbert for that he was yet but a nouice in Christian religion though as capable of spirituall iurisdiction by his Crowne as either Q. Elizabeth being a woman or K. Edward the sixt a child of nyne yeares old when he was proclaimed Head of the Church of England as well in spirituall as temporall affaires 10. But in our case vnder K. Ethelbert we reade both in S. Bede and S. Gregory himself that in all Ecclesiasticall matters recourse was made to the said S. Gregory as hauing supreme authority in these affayres and therfore the said King was no sooner conuerted S. Augustine made Archbishop but the said Archbishop according to his office sent two messengers to Rome Laurentius a priest and Petrus a Monke to aske counsaile and direction in diuers cases as namely about the distribution of oblations at the aultar diuersitye of customes obserued in diuers contreys in saying Masse about punishing of sacriledge in such as steale from Churches about degrees of kinred or propinquity to be obserued in marriages about ordination of Bishops how he should proceed with the Bishops of France and Britany about baptizing women with child and churching â—hem after their child-birth and the like 11. To all which questions S. Gregory answereth
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
find recorded by Malmesbury and others of that time that Calixtus being made Pope vpon the yeare 1119. and presently comming into France and calling a Councell at Rhemes K. Henry of England sent diuers Bishops at his commaundement vnto that Councell And the next yeare after going to treat with the said Pope in person at his Castell of Gesorse in Normandy Acta sunt multae inter illos c. many things were treated between them saith Houeden as it was conuenient in the meeting of so great personages But the principall was that Henry obtained of the Pope to graunt vnto him that he might haue all the customes coÌ„firmed which his Father had in England and Normandy especially that none from thenceforth should be sent Legat into England except the King vpon some controuersie falling out which could not be ended by his Bishops should demaund the same of the Pope So Houeden 15. Wherby we may see the Kings iudgment of the Pope â—â—thority and the recourse to be made thervnto in matters of moâ—â— moment And that which is more soone after this meeting I find that the foresaid Emperour made the like attonement with the same Calixtus which Malmesbury recordeth in these wordâ— In nomine Sancta indiuiduae Trinitatis Ego Henricus c. In the name of the holy and indiuisible blessed Trinity I Henry by the Grace of God Emperour c. for the loue of God and of the holy Romaine Church and of my Lord Calixtus the Pope and for remedy of my soule doe remit freely to God and his holy Apostles S. Peter S. Paul and to his holy Catholike Church all inuestitures by ring and staffe and doe yeeld and permit that in all Churches within my Kingdomes and Empire there be made Canonicall election and free consecration of Ecclesiasticall persons c. 16. And thus was ended that fierce and bloudy controuersie that had lasted and troubled the whole Christian world aboue fifty yeares saith Malmesbury about the vse of Inuestitures pretended by princes to be graunted vnto them and their auncestours by different Popes But yet neuer challenged the same as incident to their Crowne or temporall iurisdiction but as a priuiledge graunted by the Sea Apostolike which might lawfully be done as you haue heard by the former rule of Baldus the Lawyer that the Pope may commit spirituall things by priuiledge in some cases as the is to a mere lay-man And yet further if we seek the beginning of these inuestitures how and when and to whome they were first graunted we shall find the matter very vncertaine For albeit some haue thought and written out of a certaine relation in Sigebert his Chronicle that the first graunt of these Inuestitures was made by Pope Adrian the first vnto Charles the Great in respect of his great meritts toward the Church yet others doe hold this to be false and that the name of Inuestitures was not knowne in those dayes but rather crept in afterward yea and rather taken and vsurped to themselues by certaine Princes by inuasion of intrusion vpon the Church priuately first then more publikely afterward and therevpon pretended by their Successours than granted by speciall gift or consent of any Pope aâ— alâ—â— Which seemeth to haue byn the case also of our King Henry 〈◊〉 first who as you haue heard did pretend to challeng the iâ—â—â—â—â—â—tures as vsed by his Father and brother before him wherof 〈◊〉 notwithstanding we finde no expresse proofe for example 〈◊〉 any of our historyes that they vsed them and much lesse that they were lawfully graunted vnto them And albeit they had byn yet might the same authority which did graunt them reuoke them againe vpon the notable abuses which therof did ensue by selling and buying of Churches by Princes and their officers 17. But howsoeuer this were yet is it manifest heerby that as well those princes which violently tooke these inuestitures vpon them as others that might haue them perhaps graunted for a tyme both of them I say did pretend to haue them from the Sea Apostolike and therin acknowledged the Primacy and Supremacy of Ecclesiasticall power to be in that Sea and not in themselues Which is wholy against M. Attorneys conclusion And therefore the said Emperour Henry the 5. when he deteyned prisoner the foresaid Pope Paescalis and forced him to make a constrained graunt vnto him of the said Inuestitures he would needs haue him put these words in his Bull. Illud igitur diguitatis priuilegium c. That priuiledge of dignity therfore that our Predecessours Bishops of Rome haue graunted vnto your Predecessours Catholike Emperours and haue confirmed the same by their Charters we graunt also to you and doe confirme by this present priuiledge and Charter that vnto the Bishops and Abbots of your Kingdome that shall be chosen freely without violence or Symmony you may giue the inuestiture of staffe ringe and that after the said inuestiture they may canonically receiue their consecration from the Bishop to whome it shall appertaine c. So he 18. And now consider good Reader that if so great potent an enemy of the Church of Rome was so desirous to haue her graunt albeit perforce of such little peeces and raggs of Ecclesiasticall authority as these were how much more glad would he haue byn to haue had all the Popes authority acknowledged to be in himself if he could haue deriued it from the Title of his Crowne and Empire as Syr Edward Cooke would haue taught him if he had byn his Attorney and how easily might he haue procured such a Statute to haue byn made vnto him by his people in Parlament as was made vnto Queen Elizabeth to giue her all supreame authority Ecclesiasticall that euer any person had or might haue if he had listed or if he had thought it had byn worth the procurement And surely it had bin a much more easie and lesse costly way to procure it at home in Germany 〈◊〉 to haue gone to Rome with so mayne an army and extraordinary charges labour and daunger as he did to extort the same from the Pope and yet not all his authority but a small peece therof as hath byn said 19. But now all was amended and accommodated againe as well the Emperour as his Father-in-law K. Henry yelded vp all their pretended right in those inuestitures as you haue heard And as in the procuring and retaining them by what manner soeuer they acknowledged the spirituall power of the Sea of Rome so much more in rendring them vp againe And for so much as both their acts are presumed principally to haue proceeded of our K. Henry all men may therby see his deuotion to that Sea 20. And this deuotion and obedience he continued from that tyme forward vnto his death which was some 15. years in all which time I might shew diuers euident argumeÌ„ts of this point as of his often sending to Rome
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
temporall sword of Constantine the Emperour and the Sea Apostolicke is more potent then any Imperiall power or authority And I would aske whether your power be of God or froÌ„ men Did not the God of Gods speakâ— to you in Peter the Apostle sayinge VVhatsoeuer you shall bynd vpon earth shall be bound in heauen and whatsoeuer you shall loose vpon earth shall be loosed in heauen And why then doe you so negligently yea cruelly delay for so longe time to loose my sonne or rather why dare you not to doe it Perhaps you will say that this power giuen you by God of binding and loosing is for soules and not for bodies Let it be so Truely it is sufficient for vs if you would bind the soules of those that hold my sonnes body bound in prison And finally I know that it lyeth in your power to loose my sonne if the feare of God may euacuate in you the feare of man 42. Thus wrote this afflicted Queene vnto Celestinus the Pope and the same wrote diuers other great personages at the same tyme as may be seen in the said Petrus Blesensis and among others the foresaid Gualterus Archbishop of Roane and Gouernour of England a man of great authority learning and wisedome who after many reasons concludeth his Epistle thus Exerat ergo beati Petri gladium manus vestra Clementissime Pater quid quantum tanto filis debeatis exhibeatis in opere vt experientia mediante addiscant minores inferiores filij quantum à â—obis auxilium in suis necessitatibus debeant expectare Let your hand then most Clement Father draw forth the sword of Peter and doe you shew by workes how much you owe vnto so greate a child as is K. Richard so as by experiencâ— your lesser and lower children may learne how much help they may expect from you in their necessityes So he 43. And by this may appeare what opinion men had in those dayes of the Popes authority and let the Reader heer marke as also M. Attorney how vsuall a phrase it was at that tyme to name two distinct swords the one of Constantine the other of Peter thâ— one temporall ouer bodies the other spirituall ouer soules and thâ—â— the later was the greater and higher Which was the speach also and phrase of King Edgar before the Conquest and of the Conquerour himself in his lawes if you remember is now heer vsed againe and so was euer after vntill King Henry the 8. as by this our deduction will appeare And only this phrase of speach and common beleife of all our Kings and Countrey from time to time that there were two distinct swords or powers one temporall in the Prince and the other spirituall in the Pope is sufficient to ouerthrow M. Attorneys whole Booke though nothing els were said to it besides the purporte therof being as hath byn seen to proue that either no such distinction of swordes powers is to be admitted or that both are equally in the temporall Prince and so vsed and exercised by our auncient Kings of England 44. But now you see the vanity in truth absurdity of that Paradox refuted by all this heer set downe concerning K. Richard and many examples more might be alleadged during his raigne after his returne againe to England who meaning to euacuate the alienation of many thinges solde lent or empawned before for his going to Ierusalem caused himself to bee crowned againe in VVinchester reducing all thinges to a new order and among others he set downe Capitula placitorum Corona Regis The heads or cheife braunches of pleas that belong to the Kings Crowne or Courts wherein nothing at all is conteyned concerning Ecclesiasticall affaires but only De aduocationibus Ecclesiarum quae sunt de donatione Regis Of the aduowsons of such Churches as are of the Kings gift that is to say wherof he had Ius Patronatus Which is a small spirituall iurisdiction if we consider it well and may be in any secular man whatsoeuer that buyldeth or foundeth a Church And Matthaeus Parisiensis speaking of the Church of Normandy vnder K. Richard commendeth him highly for deliuering the said Church de longo seruitutis iugo from a long yoke of seruitude which secular men by little and little had brought in vpon her vnder other Kings and Dukes by often drawing Clergie-men to secular Iudges and tribunals inuadinge their goods restraining their liberties breaking their priuiledges and the like All which the said Author saith Ipso glorioso Rege Richardo annuente omnia disponente emendata sunt Were amended by the consent of glorious King Richard who disposed all things himself to the restitution of the ancient liberties freedome of the said Church of Normandie 45. It were ouer long to run ouer many other examples which might be alleadged to this effect for proofe of King Richards true Catholicke deuotioÌ„ towards the Church as also of his acknowledgement and obedience to the authority of the Sea of Rome in all Ecclesiasticall affaires during his life and raigne There are 4. or 5. epistles exstant in Houeden written to diuers parties by Celestinus the Pope which he wrote one soone after another concerning the forenamed Geffrey Archbishop of Yorke citing him to Rome to answere to certaine accusations laid against him by his Chanons and others accusing him among other things Quod â—enationibus aucupio totius animi studium applicabat That he applied his whole mind hunting and hauking And againe De inhonesta vita invtili conuersatione They accused him of dishonest life and vnprofitable conuersation For which though he were the Kings brother yet not making his appearance in Rome nor lending his lawfull defence or purgation thither he was suspended by the said Popes Bull and the King was so far of from taking it euill or defending him as he caused the lands and possessions of his Bishopricke to be seased on Praecepit illum dessesire saith Houeden de Episcopatu suo de Vice-comitatu Eboraci He commaunded him to be dispossessed of his Archbishopricke and of the Vicount-ship of Yorke 46. But afterward Celestinus being dead and Innocentius the third succeeding him in the Popedome and the said Geffrey amending his manners as may be presumed Misit literas suas deprecatorias ad Richardum Regem c. The said Pope Innocentius sent his letters to K. Richard of England requesting and exhorting him by Fatherly admonition that he would receiue into his loue and brotherly familiarity againe the said Archbishop at his request and suffer him in peace to returne to his Bishopricke for that otherwise he should be forced to vse Ecclesiasticall Censures against the said King and his Kingdome Vnto which petition ioyned with some commination as you see the King obeyed sending diuerâ— Bishops vnto the said Archbishop whose names Houeden setteth downe In spiritu humilitatis postulantes ex parte Regis vt ipse
against all Clergy-men as he seased 〈◊〉 most parte of their goods throughout all England And 〈◊〉 Pope Innocentius wrote diuers letters to pacifie him 〈…〉 angerly to him againe Affirmaeâ—s saith our 〈…〉 electione simul promotione Nâ—rvicensis Episcopi 〈…〉 reuocari Affirming that he could not be 〈…〉 〈◊〉 and promotion of the Bishop of Norwich whome he vnderstand to be profitable vnto him Quod pro libertatibus Corona sua â—â—abit 〈◊〉 fuerit vsque ad mortem That he would stand if need should be for the libertyes of his Crowne euen vnto death Et si de prae 〈◊〉 fuerit exaâ—ditus omnibus Romaâ—â— petentibus maris semitas angu 〈◊〉 That if he may not be heard in the premisses he threatned to â—â—â—iten the passage of sea to all them that would goe to 〈◊〉 So he 58. In all which we see notwithstanding his great displeasure taken he doth not deny the Popes authority spirituall nor ascri 〈◊〉 the Supremacy therof vnto himself but only standeth vpon the libertyes of his Crowne which was as there he signifieth that the Archbishop of Canterbury should not be chosen without his consent or liâ—â—ing though the election therof he tooke not to himself but left it free to the said monkes to whome from the very beginning of Christianity in England the said election appertained And truly many godly and wise men at that time did wiâ—h that Pope Innocentius had not stood so hard with K. Iohn in 〈◊〉 point as this was for contending him with a person gratefull vnto him in that Archbishopricke For from this disgust proceeded all the disorders and miseries that afterward ensued as namely the Kings raging against all the Clergie the particulars wherof are strange and lamentable the interdict of the whole Realme that lasted for fiue or six years without celebrating of deuine seruice in the Churches and finally the excommunication of the King himself and other infinite troubles therof ensuring the said King so raging on the otherside for diuers years togeather as he seemeth not to be well himselfe specially after he saw his Nephew Otho to be depriued also of the Imperiall Crowne by the said Innocentius 59. Many strange acts are recounted of K. Iohn in this time as for example that he sent from time to time to all noble men and gentlemen whom he any wayes suspected to be offended with him commaunding them to giue him for pledges their sonnes or daughters or next of lâ—yn And for that the wife of one VVilâ—â—â—â— Erause Barâ—â— cast out a word that she doubted least her children might be vsed by Duke Geffreys children were to wit 〈…〉 his 〈◊〉 the King sent to apprehend them all and they 〈…〉 he 〈◊〉 them so hardly as he tooke 〈…〉 and caused them to be starued to death in VVindesâ—r castle And the same author of â—â—â—â—ris who liued at that time writeth the Kings fury to h◠〈◊〉 great to commit such horrible acts of cruelty vt 〈…〉 extuteret Tyrannorum That it would make euen Tyrants to 〈◊〉 he addeth further Mukâ—rum nobiliam vxores sâ—tiâ— apprâ—â—â—â—◠〈◊〉 did oppresse and vse violence not only to the lands good◠〈◊〉 honours of noble men but to their wiues and daughter 〈◊〉 He telleth further that being one day at Nottingham and 〈…〉 that the Welch-men began to styr he coÌ„maunded to be brought forth 28. faire young children which he had for pledges of the cheifest nobility of that nation and all to be hanged togeather vpon one gallowes in the yeare 1212. 60. He caused in like manner all the Iewes through 〈◊〉 glaud both men women and children to be taken and â—â—â—â—â—ted to know where there money vvas vvho commonly 〈…〉 the violence of the said tortures gaue him all that they had and more too And when in Bristow they had tortured one by 〈◊〉 sortes of torture the King gaue this sentence vpon him that eâ—ery day he should haue one of his teeth pulled out with the 〈◊〉 test despite and torment that might be vntill he had paid 〈◊〉 ten thousand markes of money and when the Iew had 〈◊〉 seauen teeth to be so pulled out in seauen sundry dayes 〈◊〉 to auoyd the torment of the eight tooth bound himself to pay the ten thousand markes 61. The same author relateth in like manner that the said King meeting one day a company of men which were the 〈◊〉 officers that led bound a murderer towards prison that had robbed and slaine a Priest vpon the high way said vnto them It is no matter he hath killed an enemy of mine let him goâ—â—â—â— and so they did And at another time being at Oxford and â—â—â—ring that a certaine Clarke by meere chaunce had 〈◊〉 woman to death and thervpon fled and the Iustice hauing 〈◊〉 three other Clarkes whom they found dwelling in the 〈◊〉 house though vtterly guyltlesse of the faâ—â— the King comâ—â—â—â—ded them all three to be hanged And moâ—â—ouer when the â—â—â—â—dome was put vnder interdict Rex quasi in fâ—riam vâ—â—sus saith 〈◊〉 author in verba blasphemia prâ—â—upit iuraâ—per 〈…〉 〈◊〉 King being turned as it were into fury did 〈…〉 blasphemous words swearing by the teeth of God◠〈…〉 â—â—â—soeuer he should find any Romanes in any of his landâ— he 〈◊〉 〈…〉 to Rome with their eyes pulled out and nosthrels 〈…〉 He spake also words as though he beleiued not the resurrection of the next life So 〈◊〉 our Author 62. But aboue all fury and wickednes was that resolution which he tooke soone after to wit vpon the yeare 1213. when he sent Syr Thomas Hâ—â—thington and Syr Raph Nicholson Knights and Syr Râ—â—â—rt of London Priest for his Embassadours to the great Maâ—â—â—â—â—â— King of Africke Morocco and Spaine named Miramumilinus offering to be of his religion and to make his Kingdome tributary vnto him and to be his vassall hold it of him if he would 〈◊〉 with an army by sea to assist him But when the said Maâ—â—â—â—â—tan great Prince being a very wise man informing himself of the particularâ— of his person state showed contempt therof 〈◊〉 also of his offer as our Author that spake with one of the Ambassadours setteth downe at large K. Iohn tooke another resolution and passed to the quite contrary extreame resoluing not only to obey the Pope in spirituall iurisdiction but in temporall also and to make his Kingdome tributary and feudatory to the Sea of Rome by payment of a thousand markes euery yeare ther vnto which he bound himself and his heirs to doe vnder a 〈◊〉 large Charter sealed with the great seale of England in gold sending the same to Rome to Pope Innocentius vpoÌ„ the yeare 1214. 63. And by this and other such tokens of his heartie conuersion and sorrow for thinges past he so gained the said Pope that suruiued him as he had him his most earnest defendour all daies of his life after both aginst the King of France his
sonne Prince Lâ—wes and the Barons of England that made warre against him All whom he first coÌ„maunded to surcease their said warrs and emnities against the said K. Iohn and then for that they obaied not he threatned and â—enounced excommunication against them and besides this he sent his Legat named VVaellâ— to be with K. Iohn and assist him in person in all his needs and necessities which was no small help and comforte vnto him in those distresses And finall in after his death he was a principall cause why his young sonne Henrie the â— was admitted for King notwithstanding the Barons firme resolution promise and oath to the contrarie and that Prince Lawes was forsaken and forced to 〈◊〉 of England the said Legaâ— being made generall Gouernour both of the King and Kingdome for that present togeather with the Earle of 〈◊〉 Lord Marshall of the land 64. And as for the said Barons that so resolutely stoods 〈◊〉 K. Iohn and his succession their cause was about the priuiledged and laws of the Realme as well concerning the Glergie as lay men which were the same priuiledges as they affirmed that were graunted and set downe in King Edwards daies the Confessor confirmed by the Conquerour allowed published againe by K. Henry the first and not disallowed by this mans Father K. Henry the 2. in witnes wherof they produced a Charter of the said K. Henry the first All which liberties laws and ordinances K. Iohn promising them at his first recoÌ„ciliation to giue grâ—inâ— and ratifie was vrged afterward by them to publish the same â—â— writing vnder the great seale of England as he did at Oxford in the presence of al his nobility in the 17. yeare of the said Kingâ— raigne which was the next before his death syaing in the 〈◊〉 writing Ex mera spontanea a voluntate nostra concessimu Charâ—aâ—â—stra coÌ„firmauimus eam obtinuimus à Domino Papa Innocencia confirmâ—n quaÌ„ nos obseruabimus ab haredibus nostris in perpetuuÌ„ bona fide 〈◊〉 obseruari We haue graunted out of our owne meere free good will haue confirmed the same by our Charter and haue contained of Pope Innocentius that he confirme the same also with his assent which Charter both we shall obserue our selues and will haue to bee obserued faithfullie by our heirs for euen behold that K. Iohn doth not onlie confirme these liberties himself but procured the same to be confirmed also by Pope Innocentius for more stabilitie And the beginning of the said liberties it thus set downe Quod Anglicana Ecclesia libera sit habeat iurasâ—â— integra suas libertates illasas maximè libertatem electionum qâ—â— maximae magis necessaria reputatur Ecclesia Anglicunae That the English Church be free and haue all her rights whole and all hâ—â— liberties inuiolate and especiallie her liberties of elections 〈◊〉 choosing her Prelates which is held to bee the greatest and most necessarie to the English Church And then follow the othâ—â— liberties of Barons noble-men and the common people 65. And for that it was vnderstood that notwithstanâ—â—â—â— these two graunts and confirmations of these laws and priuileâ—ges K. Iohn by the counsaile of certaine strangers that weeâ—â—bout him of his Countreyes in France was perswaded to 〈◊〉 the same againe and to informe the Pope wrong fullâ—e 〈◊〉 intentions of the said Barons as though they meane not so 〈◊〉 the conseruation of these priuiledges indeed aâ—â—â—soâ—◠〈◊〉 Kingdome to the King of Fâ—â—nce and the Pope inclining to beâ—â—uâ—e him the said Barons were so much exasperated therby as they made the vow before mentioned neuer to obey him or his anymore And thervpon calling ouer the said Prince Lewes of France gaue him London and all the South-parts of England and would haue gained him the rest in like manner if the Popes resistanes had not byn so great and K. Iohn had not died at that very instant in the heat of all the warre not poisoned by a monke as foolish Iohn Fox doth affirme and set forth in many printed and painted pageants of his booke but vpon greife of mind trauaile and disorder of diet as all auncient authors by vniforme consent doe agree And Iohn Stow citeth foure that liued in K. Iohns dayes to wit Mathew Paris Roger VVyndouer Raph Niger and Raph Gogshall in their histories of that tyme. 66. Wherfore to conclude this Chapter of K. Henry the second and of his two sonnes wee see how firme they were all three in this beleife and acknowledgement of the Popes spirituall authority ouer all the world and no lesse ouer England in those dayes and how fully the same was in practise among them And that albeit in some cases causes wherin they receiued some distast they strugled sometimes about the particular execution therof indeauoring to mak some restraint especially when it seemed to strech indirectly also to temporall affaires yet did they neuer so much as once deny the said Ecclesiasticall supremacy to be in the Sea of Rome and much lesse did euer ascribe it to themselues which so cleerly ouerthroweth M. Attorneys position as I maruaile what he will say to these and like demonstrations 67. And for that his often repeated ground is that Queen Elizabeth had her supreame authority in cases Ecclesiasticall according to the auncient common lawes of England hitherto he graunteth that there was no Statute-lawes at all by Parlament vntill the ensuing King K. Henry the third And for other lawes we see heere what they were by the testimony of the Bishops Barons of England vnder the Charters both of 〈◊〉 K. Henry the first and other Kings vpward vnto K. Edward the Confessor to wit all in fauour of the Church her liberties â—â—nquises and priuiledges which liberties as other where I have noted and must often heerafter doe the same doe infer our conclusion of Ecclesiasticall and spirituall iurisdiction subordinate to the Sea of Rome and wholy distinct from temporall power and doe ouerthrow M. Attorneys assertion for the said spirituall 〈…〉 those liberties were as they were that 〈…〉 should haue iurisdiction in 〈…〉 ctions choise of Prelates of the 〈…〉 liberties are mentioned cited allowed◠〈…〉 by any King as you shall see they were by 〈…〉 them vnto K. Henry the 8. so often receiueâ—◠〈…〉 tion and his whole new books an open out 〈…〉 field And thus much of K. Iohn OF KING HENRY THE THIRD That vvas the eight King after the Conquestâ—â—â— And the first that left Statutes vvritten And vvhaâ— instances and arguments M. Attorney alleadgeth out of him for his purpose CHAP. X. HITHERTO haue we passed ouer six hundred 〈◊〉 since our first English king receâ—ued and therby put themselues vnder the of 〈…〉 Bishops depending therof for 〈◊〉 of their 〈◊〉 Which Spirituall 〈…〉 haue byn euer beleeued 〈…〉 both Kings and Subiect from the 〈…〉 their lawes and continued by su 〈…〉 Which as it hath byn
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
for the indifferent Reader to consider these points following 8. First that we hauing proued the said acknowledgement in all former Kings it is not like that this deflected or went aside from their stepps or if he had done it would at least haue byn noted wherin and in what points and some records remaine therof as there doe of other points which were any way singular in him Secondly we finde this King much commended for pious deuotion by ancient writers and namely by Thomas VValsingham who in the beginning of K. Edward the first his life giueth a breife note of this King Henries life and death saying first of his sicknes and death that being at the Abbey of S. Edmunds-burie and taken with a greiuous sicknes there came vnto him diuers Bishops Barons and noble men to assist him and be present at his death at what time he humblie confessed his sinnes saith he was absolued by a Prelate and then deuoutlie receauing the bodie of our Sauiour asked all forgiuenes and forgaue all had extreme vnction and so humbly imbracing the crosse gaue vp his spirit to almightie God adding further of his deuotion in his life that euerie day he was accustomed to heare three masses sung and more priuatelie besides and that when the Priest did lift vp the hoast consecrated he would goe himself and holde the Priests arme and after kisse his hand and so returne to his owne place againe 9. Hee telleth also of his familiaritie with S. Lewes K. of France who raigning at the same time though some few years yonger then K. Henry conferred oftentimes with him about matters of deuotion and once telling him that he was delighted more to heare often preaching then manie masses K. Henry answered that he was more delighted to see his friend than to heare another man talke of him though neuer so eloquentlie 10. This then being so and K. Henry both liuing and dying so Catholicklie as both this man and all Authors doe write of him there can be no doubt but that he agreed fullie in iudgment and sense with all his predecessours as well in this point of the Popes Ecclesiasticall Iurisdiction as in all others And for his obedience to the Sea of Rome it was so notorious as diuers of his owne people at that time did thinke it to haue excesse For that it was not only in spirituall matters but in temporall affaires of his Kingdome also Nihil enim saith Matthew Paris nisi ex consensu Papae vel illius Legati facere voluit Hee would doe nothing especiallie in his later years but either by the consent of the Pope or his Legat. And further in another place Ipso quoque tempus Rex secus quà m deceret aut expediret se suumque Regnum sub paena exhareditationis quod tamen facere nec potuit nec debuit Domino Papae obligaâ—it At that very time also the King otherwise then was decent or expedient did oblige himself and his Kingdome which yet he could not nor ought to doe vnto Pope Innocentius the fourth vnder paine of disinheritage c. So he 11. And many times elswere is this complaint renewed and yet on the otherside we may vnderstand by the same Mathew Paris who so much misliketh this ouer much subiection as he calleth it to the Sea of Rome that diuers great commodityes ensued often therby both to him and the Realme To the Realme for that the Popes wrote heerby more confidently and effectually vnto him for amending certaine errors of his then otherwise perhaps they would or could yea threatned him also with excommunication when need required Wherof the said Paris writeth thus in one place In those daies the Popes anger began to be heate against the K. of England for that he kept not his promises so oftentimes made to amend his accustomed excesses and therefore at the instance of Lautence Bishop of Ely and many other that earnestly vrged him he threatned after so many exhortations made vnto him without fruite to excommunicate him and interdict his Kindome c. 12. But yet for all this when after his Barons did rise against him and held him diuers years in warre Pope Vrban the 4. saith Mathew Paris sent his Legat Cardinal Sabinian as far as Bellen in France to pronounce there and set vp the sentence of excommunication against the said Barons who being in armes permitted him not to enter the portes of England but yet not long after by the said Vrban his meanes and Pope Clement the 4. that succeeded him peace followed againe in the said Realme after many years of warre ciuill commotion with great variety of euents succeeding on both sides For that sometymes the King himself with his brother Richard surnamed King of the Romanes and Edward the Prince were taken by the Barons and sometymes the Barons had the worse and Simon Momfort Earle of Licester their cheife head and Captaine was slaine in the field and many miseryes distresses and calamityes ensued on both parts as are accustomed in warlyke affaires but especially of Kingdomes which haue their waues and turmoiles according as the winds of great mens humours and passions doe swell stirr vp or calme the same But in all this time no question was of Catholike religion in England nor any doubt at all of the distinction and subordination between temporall spirituall power and gouernment but that the one was acknowledged in the King as cheife head of the Common-wealth and the other in the Bishops as subordinate to the Sea Apostolike 13. And if we consider the cheife and most euident points wherin this acknowledgement is seen and to be obserued they are these in effect First and principally for all points of saith and beleife which points were not receiued in England nor other wise then they came authorized and allowed by the said Sea Apostolike And secondly for matters of manners in like form if any thing were decreed or ordained by the said Sea as to be obserued generally throughout all Christendome England presently admitted the same though in other matters which were either particular nationall or seuerall to euery Common-wealth England followed that which was most conuenient for her state peace and quietnes 14. And as for Ecclesiasticall Iurisdiction and libertyes of the Church we se by the said Magna Charta decreed and confirmed by this King which is the very same in effect that his Father K. Iohn out of the Charter of K. Henry the first graunted vpon the 16. yeare of his raigne and confirmed againe and published by K. Edward his sonne and all his Catholike Successours that it was wholy left vnto Clergy men and to the Sea Apostolike and not taken nor vsed by the Kings as namely in all matters of Spirituall dispensations elections institutions admissions confirmationâ— of Prelates and the like all gathering of Synods making of Ecclesiasticall decrees excommunications absolutions indulgences iudging and determining of
in England for that he was Chauncellour also of the Realme he should goe about to vndoe that couenant of temporall subiection which King Iohn had made to the Church of Rome and his sonne King Henry hitherto continued But howsoeuer this was he was not admitted but the Couent of Canterbury was commaunded by the Pope to choose an other which they did the next yeare after choosing the Prior of their owne Couent named Iohn whom the King accepting he was sent to Rome with recommendation of both their letters at the same time the King sent also to Rome saith our Author a young knight named Robert Thynne of the North-countrey that had fallen into the Popes excommunication for a certaine excesse of his to the end that he might be absolued Deprecans obnixè vt militem illius intuitu exaudiret Desiring the Pope most earnestly that for his sake he would graunt the knight pardon and absolution in the thing he came for 19. And albeit we may presume that the Pope absolued the same knight at the Kings request yet did he not admit for Archbishop the elected Prior but esteeming him to be ouer aged commaunded the Prior and Couent of Canterbury to choose a third which was S. Edmund of Abingdon canonized afterward by Pope Innocentius the 4. And at the same time he wrote very sharpe letters vnto the King of England reprehending him for suffering certaine violent excesses to be committed against Clergie-men Non habens respectum ad sacramenta quae iurauerat tempore Coronationis suae de pace Ecclesiae mantenenda c. As not hauing regard of the oath which he did sweare in the tyme of his coronation to maintaine the peace of the Church Mandans Regi firmiter praecipiens sub paena excommunicationis c. Commaunding the King vnder paine of excommunication to cause due 〈◊〉 tion to be made of the fact and to send to Rome those that should be found culpable therin to be absolued by himself To which commaundement the King obayed most promptly and sent to Rome among others the young knight before mentioned with diuers of his seruaunts which well proueth the opinion he had of the Popes authority how farr he acknowledged the same And many hundred other such like examples might I alleadge out of the life and large raigne of K. Henry if it were not ouer tedious for that this course did he hold all his dayes 20. And albeit there began to be in his dayes more then before very great repining in the people nobility and Clergy first against all strangers in generall for that the King was most ruled for many years by Pictauians or men borne in his Countryes of Poytoù beyond the seas the principall wherof was one Peter Bishop of VVinchester who did patronize the rest then in particular also against Italians that were preferred to Ecclesiasticall liuings in England by the Popes of those times more then before had byn accustomed who perhaps might presume the moâ—â— therin also in respect of the temporall acknowledgement of the Kingdome before mentioned that the said complaints grew to be so great and generall as the King was sore pressed therewith and for remedy therof forced at length to dismisse and put away his said Pictauians yet in the other point of Italians Romaines he could neuer be induced to doe more but to represent only by way of supplication to the Popes themselues the hurtes and inconueniences that did ensue therof that they themselues might put conuenient remedy 21. And therefore first of all vpon the yeare 1244. which was the 28. of his raigne he wrote a letter to Pope Innocentius the 4. in these words Sanctissimâ— in Christo Paetri ac Domino Innocentia Dâ—â— gratia Summo Pontifici Henricus eadem gratia salutem pedum 〈…〉 beatorum and then he beginneth his leâ—ter thus Quo amplius c. By how much the more an obedient sonne doth submit himself vnto his Fathers will and more promptly and deuontly 〈◊〉 subiect himself to his commaundements the more doth he deserue to haue his fatherly protection as the reward of his obedience and deuotion Hence it is that albeit at all tymes 〈◊〉 our raigne we haue exposed our selues and our Kingdome in all things to the will of your Fatherhood and ther we haue in most busines of ours found your fatherly solicitude and grace towards vs yet in some prouisions of yours made to Clergie-men both English and strangers we find our selues and our Kingdome not a little aggreiued c. Wherefore we doe supplicate vnto your Fatherhood that you will defend with Fatherly care and solicitude all our rights and libertyes which you may repute to be not so much ours as yours and that you will cause them to be preserued in your Court against the suggestioÌ„s of whomsoeuer And your Holines must not be moued if we haue gone against some of your orders and commaundements in this behalfe for that the clamour of such as thought themselues aggreiued haue compelled vs therevnto and we may not deny any man right for so much as by the office of Kingly dignity giuen vs by God we are bound in ciuill matters to administer full iustice to all 22. Thus wrote K. Henry vpon the foresaid yeare vnto Pope Innocentius the 4. and the next yeare after which was 1245. there being held a generall Councell at Lions as before hath byn said the King and Realme tooke this resolution to send certaine procurators thither to coÌ„plaine of the said greiuances hurtes which the Realme receiued by so many strangers placed in benefices throughout England who had neither language to preach and teach nor mynd or meane to keep hospitality for the poore and that the naturall subiects of the land were heerby depriued of that preferment the patrons of benefices debarred of their right to nominate present incumbents by the Popes prouisions made in Rome or of his Legats in England which complaints seeming reasonable were fauourably receiued in the said Councell as may appeare by diuers rescripts of the said Pope InnoceÌ„tius to the Archbishops and Bishops of England about prouiding the benefices vnder their charge with fit English men Vniuersitatem vestram monemus rogamus hortamur c. We doe warne beseech exhorte the whole body of your Realme and doe commaund you by these our Apostolicall letters that you haue great care of all the youthes of your Cittyes and Diocesses that are Clergie men or desire to be especially gentle-men and noble-mens sonnes whom we desire to promote c. And againe in another Breue to the said Archbishops and Bishops VVe doe exhorte commaund you to bestow the Ecclesiasticall benefices belonging to your collation when they shall fall void vpon fit men of your nation c. And yet further in a third Breue Volentos iura vestra illaefa serâ—ari c. We desiring that your right for
and little pertinent as you will see to the manie conclusion which he should proue that this King did take supreme spirituall authority and iurisdiction vpon him And for that the grounds of all that is heer obiected haue byn discussed and answered in that wee haue set downe before and this booke groweth to more length then was purposed at the beginning and finally for that the law-bookâ—◠〈◊〉 cited of collections and obseruations by later authors which bookes I haue not by mee are of small authority to our purpose I shall passe ouer the said obiections with the greatest breuity that I can remitting mee for the most part to that which before hath byn said and answered The Attorney An excommunication by the Archbishop albeit it be disanulled by the Pope or his Legats is to be allowed neither ought the Iudges giue any allowance of any such sentence of the Pope or his Legate The Catholicke Deuine 15. This assertion I doe not see how it can be admitted for true as it lieth for so much as no author maketh mention that K. Edward did euer deny absolutely the Popes authority to excommunicate by himself or by his Legats in England especially vpon the 16. yeare of his raigne as heere it is noted in the margent when he was most deuout to the Sea Apostolicke wrote the humble letter before mentioned the next yeare after according to the date of the said letter as you haue heard only there might be this accorde between them for more authority of the said Archbishop and peace of the Realme that when he had giuen forth any excommunication no annullation therof from the Pope which might perhaps be procured by false suggestion should be admitted or executed vntill the Pope were informed of the truth this is vsed also in other Catholicke Kingdomes at this day 16. And it were to much simplicity to imagine that English men in those dayes admitting the Archbishops excommunication as heer they doe and for confirmation therof we doe read in VValsingham that vpon the yeare 1340. and 14. of King Edwards raigne Iohn Stratford Archbishop of Canterbury threatned the said King to excommunicate all his counsell if he amended not certaine points wherin they offered iniury to Clergy men it were simplicity I say to thinke that the said Archbishops excommunication could not be controlled by that of the Pope from whom they acknowledged the said Archbishop at that time to haue his spirituall authority if he had any at all For froÌ„ whence should they imagine him to haue it for that the Kings as we haue seen had not so much as the nomination or presentation of Archbishops in that season but only the Popes much lesse their induction confirmation or inuestiture Whervpon it must needs follow that he which gaue them spirituall iurisdiction had greater higher iurisdiction himself though in some cases by agreement not to be vsed as before hath byn said The Attorney It is often resolued that all the Bishopricks within England were founded by the Kings progenitours and therfore the aduowsons of them all belong to the King and at the first they were donatiue and that if an incumbent of any Church with Cure dy if the Patron present not within six moneths the Bishop of that Diocesse ought to collate to the end the Cure may not be destitute of a Pastor If he be negligent by the space of six moneths the Metropolitan of that Diocesse shall confer one to that Church and if he also leaue the Church destitute by the space of six moneths then the Common-law giueth to the King as to the supreme within his owne Kingdome and not to the Bishop of Rome power to prouide a competent pastor for that Church The Catholicke Deuine 17. Is it be true which M. Attorney hath so often repeated before that the Conusaunce and deciding of Ecclesiasticall causes doe not appertaine to the Common-law and that the prouision or induction of Clerks to benefices and giuing them spirituall iurisdiction ouer the soules of those that be within the compasse of that benefice be of the number of those causes which I take to be set downe in like manner by M. Attorneys owne pen before vnder the names of admissions and institutions of Clerks then how can it be true which heere is said that the Common-law giueth to the King as to the supreme to prouide competent Pastors for that or those Churches that within the space of a yeare and halfe are not prouided by the particular patron Diocesian or metropolitan Or where is this Common-law How or when did it begin as often elswhere I haue demaunded Either by vse or statute or common agreement between the Prince and people For none of these haue we heard of hitherto vnder former Kings though for presenting and nomination to benefices we haue oftentymes said that there is no difficulty but that the temporall Prince may present in such benefices or Bishopricks as he is patron of either founding the said benefices or by particular concession of the Sea Apostolicke vnto him as we haue shewed more largly before in the life of K. VVilliam the Conquerour and before him againe vnder K. Edward the Confessor to whom the Sea of Rome in those dayes gaue spirituall iurisdiction also in some cases ouer the Abbey of VVestminster some other places of his Realme 18. But that the Common-law should dispose of these things and especially giue spiritual iurisdiction to the King ouer benefices for so must the meaning of M. Attorney be if he delude not his Reader with equiuocation of words this I say is both contrary to his owne rule before set downe and much more to reason For that to giue Ecclesiasticall iurisdictiom is much more then to haue the conusaunce of Ecclesiasticall causes which he denying to his Common-law in diuers places of his booke as before we haue seen caÌ„not in reasoÌ„ ascribe to th' other 19. Wherefore though we graunt this graduation heer set dovvne as good and conueuient that if the particular patron doe not present within six moneths nor the Ordinary or Metropolitan within their tymes prescribed the Prince as supreme gouernour of the Common-wealth to see all things done in due order may present as if he were patron to the said benefice yet first this cannot come originally from the Common-law for the reasons alleadged Secondly this proueth no spirituall iurisdiction at all in any presentor but only power of presentation which may be in any man that hath Ius patronatus allowed by the Church and head therof as before hath byn said Thirdly much lesse doth this proue supreme authority spirituall in the Prince as M. Attorney would inferre which is euident among other reasons by this For that the Prince when he doth present in this manner by lapse of tyme or omission of others is the last in power of presentation after the Metropolitans and Bishops which yet
Pope Clement the 7. and how the same began cap. 15. num 4.5.6 7. Bulles from Rome not admitted in England except they came certified from some Prelate at home and why cap. 12. num 28. cap. 13. num 27. C. Calixtus the Pope his meeting vvith Henry the first in Normandy cap. 8. n. 14. Campian his fellow-martyrs protestations at their death cap. 16. num 12. Canon-lawes how they vvere receyued in England cap. 14. num 17. Canutus K. of England his confirmation of Peter-pence to Rome cap. 6. n. 72. Catholicke Religion the birth-right of Englishmen cap. 1. num 26. Catholickes falsely charged by M. Attorney cap. 16. num 2.3 deinceps Catholicke-Recusants from the beginning of Q. Elizabeths raigne cap. 16. num 7. Catholickes falsely accused of inconstancy cap. 16. num 18. Caudrey the Clerke his case cap. 3. per totum Causes of K. Henry the 8. his falling out and breach vvith the Sea Apostolicke cap 15. num 1.2 3. Ceadwalla K. of the VVestsaxons his pilgrimage to Rome cap. 6. num 83. His baptisme there and death ibid. Celestine Pope his letters to the Realme of England in absence of K. Richard the first cap. 9. num 33. Charters for Church-priuiledges before the Conquest and after cap. 5. num 2. 3. 4. deinceps cap. 8. num 23. The beginning of the Great-charter vnder K. Henry the third cap. 10. num 6. Church-libertyes confirmed by K. Richard the second cap. 12. num 43. S. Chrysostomes iudgement of spirituall power cap. 2. num 21.22.23 24. Ciuill warres in England vnder King Henry the third cap. 10. num 12. Clergy-men subiect to the Ciuill Magistrate in temporal affaires cap. 2. num 33. 34. But not in spirituall ibid. num 35. Clergie-mens persons exempted from secular povver cap. 2. num 26. 37. Clerkes euer exempted from temporall Iudges cap. 15. num 20. Collations of benefices by lay-men cap. 7. num 26. 29. Comparison betweene Catholick sand Sectaryes cap. 1. num 13. 14. Commodityes or discommodityes of municipall lavves cap. 1. num 20. Comon-lawes birthright cap. 1. num 22. 23. Complaintes against strangers beneficed in England cap. 10. num 21.22 23. deinceps Remedyes sought to the Pope therfore ibid. num 23. Controuersy-wryters condemned by M. Attorney and vvhy cap. 1. num 26.27 28. 29. Controuersy-writers against their conscience cap. 1. nu 32. and vvho they be ibid. num 35. Constantius the Emperour reprehended by Bishops cap. 4. num 6.7 8. Confirmation of Church libertyes in England by diuers Kinges before and after the Conquest cap. 5. num 7. deinceps Cap. 8. n. 23. Conquest of VVales by K. Edward the first cap. 11. num 9. Conuersion of diuers Kingdomes in England one after the other cap. 6. num 15. Condemnation of Protestantes doctrine by K. Henry the eight cap. 15. n. 15. 16. Conscience the cause that Catholicks follow not M. Attorneys current cap. 16. num 19. 20. Constantius the Emperour his iudgement touching such as dissembled in Religion cap. 16. num 20. Councell of Constance in Germany cap. 13. num 6. English Prelates sent thither ibid. Courtes spirituall and temporall and their difference ca 4. nu 11. deinceps Courtes spirituall superiour to temporall ca. 10. num 30. Cranmer the first hereticall Archbishop of Canterbury ca. 15. nu 32. Burnt at Oxford for his heresies ibid. Crosses erected by K. Edward the first ca. 11. num 6. Crowne of EnglaÌ„d not subiect to any in temporalityes ca. 12. nu 48. D. Decrees and Ordinances of Pope Formosus for the Church of England ca. 6. num 59. Decree against Bigamy ca. 11. nu 31. Decree of Pope Gregory the ninth about proceeding against hereticks ca. 13. num 14. Decrees of K. Henry the eyght his breach with the Sea Apostolicke ca. 15. num 11. 12. Despaire causeth forgetfulnes of all reason and duty and vvhy ca. 16. n. â—2 Demonstrations before the Conquest against secular Princes Ecclesiasticall Iurisdiction in England cap. 6. per totum Deposition of Stigand Archbishop of Canterbury ca. 7. num 9. Difference of Courtes and vvhat it proueth ca. 4. num 11. Difference of lawes and law-makers before the Conquest ca. 6. num â— Difference of Courtes shew differeÌ„ce of origen and authority ca. 11. nu 50. Directions of ancient Fathers hovv to find out Truth ca. 1. nu 17. 18. Dispensations of most importance procured alvvayes from Rome cap. 6. num â—4 35. Dissention betvveene Protestants and Puritans and vvhy Prefac n. 18. 19. Dissimulation in Religiou hovv daungerous cap. 16. num 20. Doubts raised in England concerning bygamy cap. 11. num 32. E. Ecclesiasticall lavves made to be the Kinges lavves by M. Attorney cap. 4. nu 13. 14. Ecclesiasticall vveighty matters allvvayes referred to Rome by our English Kinges cap. 6. num 19. Edgar K. of England his speach for the reformation of the Clergy cap. 6. num 87. 88. His piety and deuotion tovvards the Sea of Rome ibid. S. Edmund Archbishop of Canterbury threatneth K. Henry the third if he obayed not cap. 10. num 37. K Edward the Confessor his confirmation of Peter-pence to Rome cap. 6. num 73. K. Edward the first surnamed Long-shanke cap. 11. num 3. His deuotion ibid. num 4. His vvorkes of piety ibid. His Conquest of VVales ibid. num 9. His mutability in keeping Church-priuiledges ibid. num 11. His violent proceeding against the Clergy ibid. num 12. 13. His euer obedience to the Sea of Rome in meere spirituall things ibid. num 14. 17. His deuotion tovvards the first Pope in Auinion in France ibid. num 16. His accusation of the Archbishop of Canterbury to the Pope ibid. num 16. His lawes in preiudice of the Clergy ibid. num 21. K. Edward the second his euill successe of marriage in France cap. 11. n. 41. K. Edward the third his restraints against the Clergy of England cap. 12. num 1. 2. His punishment for the violence vsed towards the Church cap. 12. nu 2.3.39 40. Motiues that induced him therto ibid. num 3. His great embassage to the Pope ib. num 7. His protestation for obedience to the Sea of Rome for himselfe and his cap. 12. num 8. His disordinate life ibid. num 41. K. Edward the fourth his raigne ouer England cap. 14. num 1.2.3 deinceps K. Edward the sixth his raigne cap. 15. num 26. His Supremacy of the Church of England declared by the Protector his vncle ibid. S. Egwyn Bishop of VVorcester his monastery of Euesham cap. 6. num 42. His voyage to Rome ibid. nu 79. Elections of Bishops 4. kinds cap. 7. num 32. Eminency of spirituall power aboue temporall cap. 2. num 19. England made tributary to Rome cap 6. num 67. cap. 9. num 62.63 64. Entrance into England denyed to the Popes Legates and vvhy cap. 14. n. 13. 15. Error vvhat it is
and how it extendeth it selfe cap. 1. per totum Error how it differeth from Ignorance cap. 1. num 8. 9. Euesham-Abbey in VVorcester-shire builded by S. Egwyn cap. 6. num 42. The same priuiledged from Rome ibidem Eustachius K. Stephens sonne his violence vsed against Clergy-men of Yorke cap. 8. num 35. Excommunications practised by the Apostles cap. 2. num 15. Exemption of Clergy-men from secular power ex iure diuino cap. 2. num 37. Item by Imperiall lawes ibid. n. 38 By particular Kinges and Princes ib. num 39. Exemptions graunted by diuers Popes to pious vvorkes in England before the Conquest cap. 5. num 10. Expostulations vvith M. Attorney about iniuryes offered to many in his booke of Reportes cap. 16. per totum Exulteration of M. Attorneys booke of Reportes cap. 16. num 33. F. Father Campian and his fellovv-martyrs iniured by M. Attorney cap. 16. n. 11. Their protestations at their death ib. num 12. Founders of pious vvorkes had authority ordinarily to giue Charters for priuiledges and exemptions therof cap. 8. num 23. Foundation of Abbeys and Monasteryes in England before the Conquest cap. 6. à num 37. vsque ad 49. Franquises and priuiledges of Churches and monasteryes procured from the Pope cap. 6. num 37.38.39 deinceps Freedome of speach in the ancient Fathers to Emperours cap. 4. num 4. 5. 6. G. Geffrey K. Richard the first his brother made Archbishop of Yorke cap. 9. num 35. His deposition from his bishopricke ibid. num 45. Againe restored ibid. num 46. Glastenbury-Abbey priuiledged from Rome at the petition of K. Edgar cap. 6. num 45. God the author of all lavvfull povver cap. 1. num 1. 2. Gods miraculous actions in the old testament ascribed to Christ cap. 4. num 30. Gouernment of vvomen in spiritualityes and absurdity therof cap. 4. n. 19. 20.21 22. Great-Charter for Church-priuiledges began by K. Henry the third cap. 10. num 6. S. Gregoryes commission to S. Augustine of Canterbury cap. 6. nu 12. 13. S. Gregory Nazianzens discourse about the nature of spirituall and temporall Iurisdiction cap. 2. num 4. Groundes of spirituall authority Prefac num 6. Groundes of Protestants assertions Prefac num 7. Of Puritans ibid. num 8. Of Catholickes ibid. num 9. Groundes in sectes new-opinions vvhat they are or can be cap. 16. n. 25. Gualter Archbishop of Roane Gouernour of England cap. 9. n. 4. 42. His disgust and appeale against King Richard the first ibid. num 47. Guide to saluation Pref. num 5. H. Head-ship of spirituall matters not possibly in a woman cap. 4. num 26. The absurdityes that would follow therof ibid num 27. K. Henry the first his raigne ouer England cap. 8. num 8. His good beginning ibid. num 9. His resignation of inuestitures ibid. num 14. His conference vvith Pope Calixtus in Normandy ibid num 14. His acknowledgment of the Popes supremacy ibid. num 21. K. Henry the second his raigne out England cap. 9. à num 1. vsque ad n. 22. His temporall greatnesse ibid. num 2. His lamentable end ibid. num 6. Laws attempted by him against the Church ibid. num 7. Made legate of the Pope in England ibid num 9. His humility to the Sea Apostolicke cap. 9. num 10. His appeale to the Pope about S. Thomas of Canterburâ— death ibid num 11. His purgation and absolution by the Popes Legat. ibid. n. 12. 13. His letter to the Pope in great affliction ibid. n. 14. â—â— The straytes vvherunto he vvas driuen ibid. num 19. His pennance at the body of S. Thomas of Canterbury cap. 9. num 19. K. Henry the third his temporall homage done to the Sea Apostolicke cap. 10. num 3. His beginning of the Great Charter for Church priuiledges ibid. num 6. His conference vvith K. Lewes of France ibid. num 9. His obedience and subiection to the Popes cap. 10 n 19. His letter to Pope Innocentius ibid. num 21. His statutes in fauour of the Clergy ibid. num 27. His obedience to the Bishopp of London in spirituall matters ibid. num 34 35 Also to the Deane of Paules ibid. num 38. K. Henry the 4. his raigne cap. 13. n. 1. 2. 3. deinceps His condemnation and execution of the Archbishop of Yorke c. 15. n. 23. K. Henry the seauenth his raigne ouer England cap. 14 n. 15. 16. deinceps His statute for reformation of the Clergy ibid. His deuotion and obedience to the Sea of Rome vntill his death ibid. n. 21. K. Henry the 8. his good beginning cap. 15. n. 1. 2. His booke against Luther ibid. num 3.4 5. His arguments therin for the Popes supremacy ibid num 5. 6. dein His inuectiue against Luthers inconstancy ibid. num 7. His good offices to the Pope continued for many yeares ibid. n. 9. The beginning of his breach vvith the Pope ibid. n. 10. 11. His taking vpon him the Supremacy ibid num 13.14 15. His condemnation of Protestants religion ibid. n. 15. Heretickes their pretence of singularity of knowledge cap. 1. n. 5. 6. 7. Heresy how great and grieuous a synne cap. 16. n. 26. Hubert Earle of Kent Chiefe Iusticer of England cap. 10. num 34. His disgrace vvith the Kinge ibid. His taking of Sanctuary ibid. Hunting hawking disliked in English Bishopps and Prelates c. 9. n. 45. I. Ignorance vvhat it is cap. 1. num 10. Ignorance how it differeth from error ibid. n. 10. 11. Ignorance negatiue and priuitiue ibid. num 10. 11. Ignorance voluntary and inuoluntary ibid. num 11. 12. Inas King of the VVestsaxons his letters in fauour of the Pope cap. 6. n. 69. His Pilgrimage to Rome for deuotion cap. 6. n. 82. Inconueniences by strangers promoted to Ecclesiasticall dignityes in England cap. 11. num 36. Remedyes therof sought from the Pope ibid. n. 38. Iniuryes offered to diuers sorts of men by M. Attorney his booke cap. 16. per totum Insolency of some priuate men and perills that often arise therby cap. 16. num 31. Inuasion of Abbey-landes or goods forbidden vnder payne of damnation cap. 5. num 11. 12. Inuectiue of K. Henry the 8. against Luthers inconstancy cap. 15. num 7. Inuestitures to Benefices desyred by Princes denyed by Popes cap. 7. n. 34. The beginning therof by secular Princes cap. 8. num 16. Inuestitures resigned by K. Henry the first cap. 8. num 14. Inuestitures graunted only by permission of the Sea Apostolicke cap. 8. num 17. K. Iohn of England his variable state in gouernment cap. 9. n. 48. deinceps His obedience to the Sea of Rome ibid. num 50. 51. His piety in the beginning of his raigne ibid num 53. His humility liberality ibid n. 54. His breach with the Church of Rome and occasion therof cap. 9. n. â—7 His indignation against Clergy meÌ„ ibid. num 58,59 60. His offer of subiectioÌ„ to the Mores ibid. num 62.
Power and the author therof c. 2. n. 2. Power spirituall and temporall and the different endes therof cap 2. n. 3. 4. deinceps per totum caput Power spirituall of the Church and pastors therof cap. 3. n. 10. Power spirituall more eminent than temporall cap. 2. n. 19. Premunire and the first beginning of that law cap. 12. n. 11. Priuiledges and franquises of Churches and monasteryes procured from the Pope cap. 6. n. 37.38 deinceps Priuiledges of the Abbey of Euesham cap. 6. n. 42. Of the Abbey of S. Albans ibid. n. 43. Priuiledges of Glastenbury-Abbey from Rome cap 6. num 45. Priuiledges of VVestminster procured by K. Edward the Confessor cap. 6. num 47. Priuiledges of Ecclesiasticall men in temporall courtes cap. 7. n. 18. alibi saepissimè Promotion of strangers to Ecclesiasticall dignityes in England cap. 10. num 21. 22. cap. 11. num 36. The inconueniences therof to Englishmen ibidem Protestants doctrine condemned by K. Henry the 8. cap. 15. num 15. Prouisions against bribing at Rome cap. 13. n. 21. Prouisions of Ecclesiasticall liuinges in England made by the Pope c. 12. n. 5. The CoÌ„plaintes therof by Englishmen ibidem The continuance of the same in England cap. ibid. n. 9. AgreemeÌ„t therabout made betweene the Pope and the Kinge cap. ibid. n. 21. Q. Queene Eleanour Mother to K. Richard the first her iorney to Sicily cap. 9. num 29. Her returne by Rome and busines there with the Pope ibid. num â— Her complaintes and petition to Pope Celestinus ibid. num 39.40 41. Queene Elizabeths spirituall authority giuen her by Parlament cap. 3. num 3. 4. The inconueniences and absurdityes that follow therof ibid. n. 4. 5. 6. cap. 4. num 27. Her singularity in that point ibidem num 28. Her supremacy mistiked by Protestants Puritans cap. 4. num 41. 42. 43 44. 45. 46. 47. 48. Causes that moued her first to accept of the Supremacy cap. 15. num 35. 36. Her conferenâ—e vvith Syr Fran. Inglefield ibid. num 37. Item with the Count of Feria the Spanish Embassadour ibid. num â—â— Her protestation about the Real-presence in the Sacrament ibidem n 39. Her ConfereÌ„ce with Mounsieur Lansacke the French Embassadour ibidem num 41. Her owne inclination towards Catholicke Religion ibid num 42. How she vvas drawne to great extremes and cruelty against Catholicks cap. 15. num 43. Queene Mary her raigne cap. 15. n. 3â— Her restoring of Catholicke Religion in England cap. 15. num 31. 32. R. Reasons that shew william the Conrour to haue alwayes acknowledged the Sea of Rome cap. 7. num 8.9.10 deinceps Recourse to Rome presently after Englands Conuersion about Ecclesiasticall affaires cap. 6. num 10,11 12. Recourse to Rome by the Kinges of England and Scotland in their greatest Controuersyes cap. 11. num 44. Recusancy of Puritans and the first cause therof cap. 16. num 5. Recusancy of Catholickes from the beginning of Q. Elizabeth raigne cap. 16. num 7. Reformation of the English Clergy by King Henry the 7. cap. 14. num 15. Reliques sent to King Osway of NorthumberlaÌ„d by Pope Vitalianus c. 6. n. 24. ResignatioÌ„ of inuestitures by K. Henry the first cap. 8. num 14. Restraintes of exercising the Popes Authority in England and how the same vvere first made cap. 2. num 41. cap. 10. num 25. cap. 12. num 35. King Richard the first his raigne c. 9. num 22. 23. deinceps His misfortunes ibid. num 23. His behauiour and oath at his Coronation ibid. num 25. His voiage to Ierusalem ibid. num 26. 27. His kingdome commended to the Popes protection ibid num 27. His mother sent from Rome to Sicily ibid. num 30. His letter to Pope Clement the 3. ibid num 31. His captiuity in Austria ibid. num 38. K. Richard the second his disorders cause therof cap. 21. num 42. His confirmation of Church-libertyes ibid. num 43. His obedience to the Church-Censures ibid num 47. S. Sanctuary graunted by the Pope to S. Iohns Church in London cap. 14. num 9. Denyed by the temporall iudges ibid. num 10. Scruple of Conscience vrged vpon M. Attorney cap. 16. num 14. Sectaryes not any vvay compared to Catholickes vvhy c. 1. n. 13.14 15. Sectaryes their vayne comendation of Truth cap. 1. num 16. Singularity of knovvledge in heretickes cap. 1. num 5. 6. 7 Statute in Parlament for giuing spirituall authority to Q. Elizabeth cap. 3. num â— â—â— â— 19. The absurdityes that therof ensue ibid. num 5. 6. 7. num 19.20 21. 23. 24. Statutes of K. Henry the 3. in fauour of the Church cap. â—0 num 27. Statute of Merton made by K. Henry the 3. cap. 10. num 39. Statute of Bigamy anno 4. Edouardi 1. cap. 11. num 30. Statute of Carliele made in the raigne of King Edward the first c. 11. n. â—9 Statute against Lollards cap. 13 n. 22. 23. Statute for reformation of the Clergy cap. 14. num 15. K. Stephen his raigne ouer England cap. 8. num 25. His oath for the libertyes of the Church ibid. num 27. His inconstancy by euill counsaile ibid. num 28. His violence vsed against Clergy-men ibid. His citation and appearance before the Bishops ibid num 31. Stigand Archbishop of Canterbury deposed cap. 7. num 9. Strangers their promotions to Ecclesiasticall dignityes in England and inconueniences therof cap. 10. num 21. 22. 23. cap. 11. num 36. Remedyes sought therof from the Popes of those tymes ibid. num 38. Supremacy Ecclesiasticall not possibly in a woman cap. 4. num 26. 27. Supremacy assumed first by K. Henry the 8. cap. 15. num 13.14 15. Also by K. Edward the 6 ibid num 26. Item by Q. Elizabeth ibid. num 34.35 36. 37. Suppression of the kinghtes of the temple cap. 11. num 43. Synne of heresy how great and greiuous cap. 16. num 26 27. T Tenantes of the Church priuiledged  A straÌ„ge attempt to impugne Catholicke religion by Catholicke Princes lawes in EnglaÌ„d The importance of M. Attorneys Plea The singularity of M. Attorneyes paradox Ciâ— Tuscul q. 3. M. Attorney chalenged of his promise The Author promiseth all modesty in this answere M. Attorney bound in conscience and honour to enforme a nevv his Maiesty * M. Garnet M. Attorneyes ouerlashing in speech Math. 5. Math. 12 The Diuelâ—s sinnes in â—â—pting Adam M. Garnetts case Hovv things heard in confessioÌ„ may not be vttered by Catholick doctrine A partition not afterward performed M. Garnet an honest man by M. Attorneyes warrant M. Attorneyes wit in making a bloudy law to be a sweet lavv About Equiuocation About the antiquity vniuersality of the Protestant Church A straÌ„ge discourse of M Attorney about his Church * Many all 's A theologicall argumet for the Roman Church Mar. vltimo Iâ—an 14. 10. Mat. 10. 1 Timo. 3.
Hen. 1. Florent 〈…〉 an 1106. S. Anselm and the King reconciled Prosperous successe of K. Henry vpon his amendement Floâ—ent VVâ—â—â— in Chron. an 1107. Malmeâ—b in â—it Hen. 1. l. 3. Hovv K. Henry of coÌ„science resigned inuestitures Houeden part 1. aâ—nal fol. 272. The meeting of K. Henry and Pope Castus at Gesòrse in NormaÌ„dy Mal. lib. 5. annal in vita Henr. 1. Polid. virgil l. de inuentoâ—ib RetuÌ„ Gratian distiâ—â— 65. cap. 22. Adrian Sigebert in Cron anno 1111. Baron in annal an 774. The beginning of inuestitures by secular Princes The vse of Inuestitures graunted only by the Seâ— Apostolicke Malmesb. l. 5. hist. in vit â—en â— fol. 94. A consideration of much moment Florent in â—â—on 〈◊〉 â—11 1213. Diuers proofes of K Henry acknovvledging the Popes Supremacy The Charter of Hen. I founder of the Abbey of Reading in the 26. yeare of his raigne and an Dom. 1125. VVeake and impertinent proofe Founders had authority to giue Charters Supra cap. â— This inâ—â—â—nce of â—o valevv Supra Ibid. K. Stephen began his raigne an â—â—35 and held it 1â— yeres and more vntill â—â—54 Vncertainty of humane designementâ— Malmesb. in Stephene Malmesb. l. 1. Hist. Nouell Malmesb. Ibid. The oath of K. Stephen for the libertyes of the Church Malmesb. Ibid lib. 1. Nouell Inconstancy of King Stephen by euill couÌ„sailors A violent act of K. Stephen Malmesb. Ibidem The K. cited to appeare before the Bishopps The kings plea by his Attourney before the Bishops K. Stephen graÌ„ted an appeale to Rome but doubteth the same DiffereÌ„ce betvvixt K. Stephens Attourney and ours Ibidem Florent an 11â—9 VValsingh in â—podâ—g Neustriae an 1142. VVilliam Archb. of York the Kings nephevv depriued by the Sea Apostolick Nuberg l. 1. hist. caep 1â— 26. Polâ—d l. 12. hist. versus finenâ— Beâ—â—ard epist â—â—4 235 237 238. 139. 251. This King raigned from the yeare 1154. vnto 1189. vvhich vvas 35. years K. Henry his temporall greatnes Nubergens l. 3. c. 25. The same handleth much more largely Petrus Blesâ—â—sis ArchdeacoÌ„ of Bath that vvas his latin Secretary many years epist. 47. K Henry punished in that vvherin he tooke most delight Rhetemag Lexomen epist and Henr. 2 epâ—â—t 253. apud Bleâ—â—â—s â—ct Bleseâ— episâ—â—la 164. ExcoÌ„munication threatned to the Queene Stovv in vâ—â— Henr. 2. Nuberg l. 3. 6. 25. K. Henry his lameÌ„table end His vertues Lavves attempted by King Henry against the Church K. Henry vehement contentioÌ„ to haue these lavves take place 〈◊〉 port 2. Aâ—nal in â—â— 1164. K. Henry the secoÌ„d made Legate of the Pope K. Henry his humility to the 〈◊〉 Apostolick K. Henry himselfe appealeth to the Pope Houed part 2. annal in vâ—â— H. 2. K. Henry appealeth the secoÌ„d time K Henry commeth from Ireland to appeare before the Popes Legates Pet. Bloson Epist. 136. The purgation absolutioÌ„ of King Henry A circumstance notably coÌ„mending the true obedience of K. Henry to the Church of Rome Pet. â—â—esen â—pistola 136. A letter of K Henry the secoÌ„d to the Pope vvritten in great affliction Stovv aâ— 1160. K. Henry founded al his state vpon the Popes authority Houed in viâ— Hon. 2. VValsing in Ypodâ—gâ—â— noustr an 1177. Diâ—erse things done by authoritye of the Pope in England The straites vvhervnto King Henry vvas driuen VVasing in Ypodig 〈◊〉 an 11â—4 K. Henry strangely deliuered The earnest and â— syncere penaunceâ— of King Henry The vvonderfull successes of K. Hen. vpon his penance See Nuberg l. 2. hist. â— 25. 33. â— Blesensiâ— epist. 153. This King raigned from the yere 11â—9 vntil 1199. that is 10. yeres Misfortunes of K. Richard King Richard deuout and obedient to the Church of Rome See Blesen epist. 64. ad Celest. PP Reg. Hoâ—ed part 2. Annal. in vit Rich. 2. King Richards behauiour oath at his coronation King Richard goeth to Ierusalem by the Popes procurement The Kingdom commended to the Popes protectioÌ„ See Houed and math Paris anno 1190. Houed iâ— vit Rich. 1. fol. 375. Diuers Appellations from the King to the Pope Houed Ibid. fol. 376. King Richard sent his mother to Rome to entreate the Pope Houed part 2. An. pag. 392. Houeden Ibid. fol. 326. King Richardes letter to P. Clement the 3. Pope Celestines letter to the Realme of England The Bishop of Ely fauored defended by the Pope and the King Nubergens reiuÌ„ Angl. l. 4. cap. 17. Geffrey the kinges brother by authority of the P. made Archbishop of Yorke Nubergens Ibidem cap. 25. King Richards fortunes letted by his brothers ambition enuy of the K of France King Richards captiuity in Austria See Pet. Blesen epest 144. ad Celest. PP Q Eleanores coÌ„plaints vnto Pope Celestinus â—les epist. 145. Q. Eleanora her petition to Pope Celestinus Ibid. epist. 146. Matt. 16. Epist. 6â— ad Celest. â—P The speach of the Archbishop of Reane in K. Richards behalfe coÌ„cerning S. Peters povver Sap. â—â—p 6. 〈◊〉 10. A manifest inference vpoÌ„ the premises against M Attorney Houâ—d in vt Râ—â—â— 1. fol. 445. Hovv small and little spirituall iurisdiction King Richard pretended Paris iâ— vit Rich. 8. Hunting and hauking reproued by the Pope in our English Bishops â—â—uâ—d in vita Ruâ—ar 1. fol. 428. Ibid. fol. 176. Geffrey restored to his Bishopricke by Pope Innocentius Disgust appeale of the Archb. of Roane against K. Richard This King began his raigne an 1199. and raigned 18. yeres vnto an 1216. Variablenes of K. Iohn The pretences of the Dolphin of France to England K. Iohns obeyng the Sea Apostolick Houed 2. part Annal. fol. 458. K. Iohn pretended no supremacy Ecclesiasticall A councel hâ—ld against the kings prohibition Houed in viâ— Ioan. fol. 461. The piety of K. Iohn in the beginning of his raigne K. Iohne humility and liberalitye K. Ioâ—ns mutation to the vvorse See vvalsing in â—pedig anno 1204. and Math. Paris anno 2215. The first occasioÌ„ of K. Iohns breach vvith the Church churchmen Great offence and indignation of K. Iohn against Clergie men Houed Ibid. Many vvish that Pope Innocentius had dealt more myldly vvith K. Iohn Extreme acts of K. Iohn in his indignation Paris in vit Ioan. an 1210. Paris Ibid. an 1212. Math Paris Ibid Paris anno 1213. in vit Ioan. King Iohn offered subiection to the K. of the Moores The straÌ„ge coÌ„trariety of King Iohn The aydea that King Iohn receaued from P. Innocentius The church-liberties confirmed by K. Iohn and the Pope Paris an aâ— 15. See Fox his pageants of the toade skinned to prepare the poisoÌ„ vvith other circuÌ„stances pag. 133. of his Acts and monuments All ancieÌ„t English lavves against M. Attorney K. Henry the third began his raigne 1216 and dyed anno 1â—7â— hauing 56. yeres The coronation beginning of King Henry the third Math. Paris in vit Hen. 3. an 1216. Temporal homage done to the Sea Apostolick by King Henry the third Bles epist. 136. ad Alex. PP Vvalsingâ—m in 〈◊〉 Nousâ—ria
anno 1245. Ibidem K. Henry obtaineth of the P. to be accompted of ful age Paris in 〈◊〉 Hen. 3. an 122â— The beginning of the great Charter for church priuiledges VValsingh in viâ—a Edvvards primâ—â— initiâ— Eâ—ypodig Nâ—u 〈◊〉 an 1274. The deuout behauiour of K. Henry 3. ConfereÌ„ce betvvene K. Henry aud S. Levves K. of France Paris anno 12â—4 in vst Hen. 3. The vtilities by our English Kinges deuotion to Rome Paris Ibid. The Ciuil vvarrs of England vnder K. Henry the third The points vvherin the soueraignty of the Sea of Rome vvas seene The manner of Ecclesiastical elections vnder K. Henry 3. The manner of placing a Bishop of Durham Paris in vit Henr. 3. an 1226. 1228. An other example of the prouision of the Church of Canterbury Ibidem Richard of Canterbury appealeth to Rome against K. Henry 3. Paris an 1231. in vit Henr. 3. Tvvo elected Archbishops of Canterbury refused by the Pope Paris anno 1232. Hovv obedient K. Henry vvas to the Sea of Rome CoÌ„plaints of English-men against straÌ„gersâ— in England Math. Paris anno 1244. The louing and obedient letter of K. Henry vnto Pope Innocentius CoÌ„plaints made to the Councell and Pope himselfe of abuses Paris anno 1245. The popes seuerall orders for prouiding for Englishmen Generall consent of vvâ—â—ting to the Sea of Rome for remedye of agrieuaÌ„ces Math. Paris Anno. 1146. The beginning originall cause of al restraints Mag. Câ—art cap. 1. The statutes of K. Henry all in fauour of the Clergye 2. H. 3. tit ProhibitioÌ„ 13. 4. H. 3. Ibidem 15. 15. H. 3. tit ProhibitioÌ„ 22. Regist. fol. The explication of the lavv Stat. an 9. 〈◊〉 6. cap. 11. Spirituall coâ—â—tes superior to the teÌ„porall Hovv spirituall Courtes are the Kings courtes M. Attorneys inference hovv it holdeth and holdeth not Diuers examples ouerthrovving M. Attorneys commentarye Paris anno 1â—32 The King obeyed the Bishop of London in restoring Earle Hubert Paris Ibid. K Henry obeyed the B. of London in spirituall matters The Bishops refuse to excommunicate at the Kings appointment Paris anno 1234. S. EdmoÌ„d Archb. of Canterbury threatneth excoÌ„munication to the King if he obey him not Paris anno 1215. pag. 656. K. Henry obeyed the Deane of Paules in spirituall authority The Statute of Merton an 20. Hen. 3. This instance proueth nothing See the Code l. 5. tit 27. log 1. Constant lib. 5. Imper. Ze 1. lib. 10. Imper. Iustin. Nouell constit 89. de natural liberis §. Siquis igitur c. Lib. 4. Decret tit 17. cap. 6. * Cap. CoÌ„questus est * Cap. 13. Per venerabilem Ilidom Cap. 7. Causam quae M. Attorney mistaketh and mis-relateth the matter This King began his raigne an 1272. and raigned 35. yeares vntill 1307. Stovv in vita Edouards prâ—â—â— King Edvvard surnamed Long-shanke Deuotion of K. Edvvard Magna Charta VValsingam in vitae Edvvards p. anno 1191. King Edvvard praied and gaue almes for his Queenes soule Crosses erected VVorkes of piety of King â—dvvard VVestmon in heâ— or maiori in vita Edou primi Vestmonasteriensis anne 1197. A pious patheticall speach of King Edvvard King Edvvardes occasions of dealing in VVales and Scotland VValsingam anno 1292. in vita Edouards King Edvvardes mutabilitie in keeping priuiledges Math. Vestmonast VValsingam anno 1307. Math. Vestmon an 1278. Violent proceeding of K. Edvvard A sleight of K. Edvvard against the Clergie In anno 1294. A Knight sent to force the Monkes of VVestminster to yelde by feare to the Kings vvill In meere spirituall things the King neuer made difficulty to obey the Sea of Rome VValsingam eodem anno Diuers Bishopricks disposed of by Popes vnder K. Edvvard the first King Edvvardes deuotion tovvards the first Pope in Auinion King Edvvard accused the Archb. of Canterbury vnto the Pope VVestmonast eodem anno The great respect borne to the Sea of Rome by King Edvvarde An Embassadge sent by K. Edvvard to excuse himselfe to the Pope Thomas VValsingam in an 1308. The manner of vvriting of K Edvvard and his nobility to P. Bonifacius Math Vestmonaster Thom. Valsing in an 1301. 1302. King Edvvards lavves in preiudice of the Clergy of England Vide 3 Edo 5. â—â— Ass pl. 19. Brooke tit premunire pl. 10. Note this vvas vva â—y the common-lavv of England before any statute made CoÌ„mon-lavv must haue some birth or beginning VVestmonasteriensis an 1197. A cleere ouerthrovv of M. Attorneys assertion In vvhat sense the publishing of a Bul might be punished in K. Edvvards dayes Reportis fol. 15. 31. 〈◊〉 â— tit â—â—com 6. â— instance 15. Edouar tit Quare non admisit 7. Vide 39. Edou 3. 20. Note 1. ansvvere CoÌ„mon-lavves imagined but not extant Anno â— Edouards terâ—â—i stat 2. cap. 2. Seasing of Bishops landes Anno. 14. Edo 3. stat 3. pro Clero Hovv Bishops might be punished for not admitting the Kings iust presentatioÌ„ Supra cap. praeced The Archbishop of Canterbury depriued of his spiritual iurisdiction by Q Elizabeth anno 1580. The statuâ—e of 〈…〉 an 〈…〉 vnderstoode in vvhat senâ— should â—e receiued allouâ—ed hâ—ere Lib. 1. Decretalium Gregorie tit 21. The Decree against Bigamy In 6 Decre alium â—â—â— tit de Bigamis The true state of the case and doubt risen in England A poore commentary and shifte of M. Attorney Hovv M. Attorney straineth the â—ext to helpe himself 4 instance Statutum de anno 25. Edouâ— 1. Carlile vide 20. Edouar 3. tit Essom 24. Nota. The first atteÌ„pte vvas to vsurpe vpon such Ecclesiasticall things as appertayned to the Clergy of England vvho at that tyme stood in great avve of the church of Rome The ansvvere to the fourth Instance of M Attorney IncoÌ„ueniences by promoting strangers in England Diuers agreemeÌ„ts for prouision of Benefices VVest monast anno 1307. Remedy sought from the Pope himselfe VValsing Ibidem See statute anno 25. Edouards 3. The statute of Carleile maketh nothing for M. Attourney This King began his raigne an 1307. and raigned 19. yeres to vvitt vntill 1326. Ancient English vvriters vvhen the end VValsing in 〈◊〉 1307. Stovv in Edouardo p. â—â—â—ine vita The ill successe of King Edvvardes marriage â—n France The suppression of the Knights of the Temple VValsiâ—gam in storia Edâ—uâ—râ— 2. anno 1311. 1â—24 â—oâ—dor Stovv Ibidem Recourse made to the Pope by EnglaÌ„d and Scotland in their greatest controuersies VValsing anno 1319. 1323. The â— of Canterbury made by the Popes prouision The Bishop of Hereford taken froÌ„ the barre by Ecclesiasticall authority The statute of Edvv. 2. articuli â—lâ—â—i cap. 36. Eos the ordinance of circumspecté agatis â—do 1. so this effect â—y this statute of the â— of Ed. 2. and 15. of Edvv. 3. cap. 6. 31. E. 3. cap. 11. and by other statutes heretofore mentioned the iurisdiction of the Ecclesiasticall courtes iâ— allovved vvarranted by consent of Parlament in all cases vvherein they novv haue iurisdiction so as these lavves may be iustly called
possessions sent a solemne embassage to Rome vnto Pope Iohn the thirtenth at the very same tyme when there was a Synode there gathered togeather to witt vpoÌ„ the yeare 971. beseeching the said Pope that he would confirme the priuiledges already graunted by the said King vnto the Monastery of our blessed Lady in Glastenbury behold how the King graunteth priuiledges vnder ratihabition in hope of ratification by the Pope and so saith Malmesbury direxit châ—rographum Regiae liberalitatis orans vt ipse hoc roboraret scripto Apostulicae auctoritatis And the King directed vnto the said Pope letters written with his owne hand testifying his princely liberality bestowed vpon the same Monastery beseeching that the Pope also would strengthen the same with some writing of his Apostolicall authority Which embassadge of the Kings Pope Iohn receauing benignly and by the vniforme consent of the Councell gathered togeather confirmed the said priuiledges of K. Edgar by an Apostolicall rescript and not only did he confirme that which Edgar had done before but added diuerse spirituall priuiledges besides saying amongst other things thus VVe yelding to the humble petion of King Edgar and Archbishop Dunstane doe receaue the said place of Glastenbury into the bosome of the Roman Church and into the protection of the blessed Apostles endewing and strengthning the same with diuerse priuiledges namely that the Monkes may chuse vnto themselues a Pastor or Abbot of their owne in whose power it shal be to prefer Monkes and Clerkes vnder him to holy orders that no man may molest them take or retayne any thing of theirs c. Concluding in the end thus In the name of the Father the Sonne the holy Ghost c. euerlasting malediction to the breakers therof Whervnto Malmesbury addeth this contemplation perpendant ergo contemptores tantae comminationis quantae subiaceant sententiae excommunicationis Let the contemners of so great a threat or commination consider how heauy a sentence of excommunication they doe vndergoe So he A thing no doubt worthy to be remembred in these our dayes 46 And many more examples of like priuiledges might be alleadged vnder the same King Edgar confirmed mutually by the Pope and King and namely one related by Ingulphus which was giuen by a Charter of the said King vpoÌ„ the yeare 970. subscribed by himself and thirty two other witnesses to the Monastery of Medeshamsteed now called Peter-burrow Ego Edgarus totius Albionis Basileus c. I Edgar King of all Albion doe graunt most willingly that the holy Apostolicke Monastery of Medeshamsteed shall be free for euer from all secular causes seruices that no Ecclesiasticall or lay man shall haue dominion ouer the same or ouer the Abbot therof c. And moreouer that it be secure eternally from all worldly yoke and that it remayne free from al Episcopall exaction and molestation according to the libertyes giuen therunto by the Sea Apostolicke and the authority of the most Reuerend Archbishop Dunstan c. And furthermore we haue thought good to corroborate by this Charter the said priuiledges from the Sea Apostolicke of the Roman Church according to the first institution of the said Monastery which whosoeuer shall presume to infringe let him be damned eternally to hell-fyer by the punishment of the high Iudge S. Peter all the order of Saints Thus far that charter 47. And finally not to goe further in this argument wherof infinite examples might be alleadged I shall end with one only more to shew the perpetuity and continuance of this vse taken out of the fifth age of our English Church to witt of King Edward the Confessor not long before the Conquest who hauing a great desire to enlarge the Monastery of VVestminster with new buyldings and possessions dealt with two Popes therin to witt Leo the nynth and Nicolas the second asking their approbation and confirmation therof which they graunted one after the other Leo wrote backe vnto him in these wordes Leo episcopus servus seruorum Dei Dilecto silio suo Edwardo Anglorum Regi salutem Apostolicam benedictionem And then he beginneth his letter Quoniam voluntatem tuam laudabilem Deo gratatu cognouimus c. For that we haue vnderstood your intention to be laudable and gratefull to God c. We doe agree vnto the same and doe commaund by our Apostolicke authoritie that whatsoeuer possessions you haue giuen or shal giue vnto your said Monastery of VVestminster it be firme and appertayne vnto the Monkes and that the said place be subiect vnto no other lay person but only to the King And whatsoeuer priuiledges you shall there appoint to the honour of God we doe graunt the same and confirme the same by our most full authority and doe damne finally the breakers therof vnto euerlasting malediction 48. Thus Pope Leo the nynth who dying vpon the yeare of Christ 1054. two-other succeded within the space of foure yeares to wit Victor the second Stephen the tenth after whome succeded Nicolas the second vnto whome S. Edward made sute againe by a solemne embassage for confirmation of his said priuiledges of VVestminster and other affayres giuing this title to his letter as before hath bene noted To the highest Father of the vniuersall church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherunto the Pope answered in these wordes Nicholas Bishop and seruaunt of the seruaunts of God vnto the most glorious and pious Edwarde King of England most worthie of all honour our speciall beloued sonne doth send most sweete salutation and Apostolike benediction And after many louing and sweet speeches in the said letter he saith to the petition it self about priuiledges Renouamus ergo confirmamus augemus vobis priuilegia vestra c. We doe renew and confirme and encrease vnto you your priuiledges And for so much that this place of VVestminster from antiquity hath belonged vnto the Kings of England we by the authority of God and the holy Apostles and of this Roman Sea and our owne doe graunt permitt and most strongly confirme that the place for euer be of the iurisdiction of the Kings of England wherin their royall monuments may be conserued and that it be a perpetuall habitation of Monkes subiect to no person but to the King c. We doe absolue the place also from all seruice subiection of the Bishop c. and whosoeuer shall goe about to infringe or inuade or diminishe or vndoe any of these priuiledges we damne him to euerlasting malediction togeather with the traytor Iudas that he haue no parte in the blessed resurrection of Saints c. Thus he And with this shall we end this fourth consideration or argument whereby is sufficiently made euident if nothing else were how vayne and vntrue the imagination of M. Attorney was in the former chapter who by the pretence of
Church-causes wherof M. Attorney as before you haue seen setteth downe a longe catalogue of such causes as cannot be iudged by the temporal law but must necessarily be remitted to spirituall Courts all these things I say matters and affaires were left as fully and wholy in the hands of the Bishops and English-Clergy with their subordination to their head the Pope by this K. Henry as by any of his predecessours or successours without the intermedling of any secular man therin as iudge or hauing authority Ecclesiasticall as of him self but only by way of intercession And this may be proued by infinite examples but none more apparant then by the practice of elections and promotions of Ecclesiasticall persons wherin though since that time by agreement of the Sea Apostolike Catholike temporall Princes haue for the most parte denomination and presentation yet then they had notâ— but that all elections were free to the Chapters of Churches and monasteries the confirmation commonly was sought at Rome and the King had no more parte therin but only that the said elections must be made by his leaue so presented to the Pope for confirmation 15. And of this other like matters we might giue examples without end for that euery day they fell out As for example vpon the yeare 1226. which was the tenth yeare of K. Henries raigne the Bishop of Durham Richard being dead the K. endeauoured greatly to bring in a certaine chaplaine of his named Luke into that dignity delt earnestly with the Prior CoueÌ„t of that Câ—â—rch to whom the election belonged to further the same But they holding the man vnworthy saith Mathew Paris for so great a dignity chose a learned and vertuous Priest that was Archdeacon of VVorcester named VVilliam Scot praying the King to be content therewith and so sent him to Rome to be confirmed by Pope Honorius the 3. But K. Henry being offended therewith sent the Bishop of Chichester with another Prior for his Embassadours to Rome to contradict the said election and thereby hâ—ld it in suspension for two years vntill Pope Honorius being dead and Gregory the 9. succeeding in his place he did reiect both the one and the other before named and translated vnto Durham Richard Bishop of Salisbury And the same yeare determined also that great controuersie saith our Author that had lasted diuers years between the Prior and Couent of the Monks of Couentry and the Deane and Chapter of the Chanons of Lichfield which of them should choose their Bishop and the said Popes determination was that one parte should choose him one tyme and the other the other but yet so as the Prior of Couentry should alwayes haue the first voice in both elections neither did the King contradict this ordination 16. Moreouer in this verie same yeare of 1228 died Cardinall Stephen Langhton Archbishop of Canterbury with whome and against whom K. Iohn moued so great troubles as before you haue heard who being dead and the monkes according to order hauing obtained licence of the King to make their election of a new they chose a monke of their owne called VValter Hemesham but the King after some deliberation not liking of him began to laie diuers obiections against him as may bee seen in our Author that liued in those daies But hee appealing to the Pope went to Rome whervpon the King setting downe his obiections in writing sent the Bishops of Rochester and Chester togeather with the Archdeacon of Bedford for his Embassadours to contradict the same also whome Pope Gregorie hauing heard and considered for diuers moneths togeather gaue sentence the next yeare after against him and at the instance both of the King Suffragan Bishops of Canterbury elected of himself into that dignitie one Richard that was Chauncellour of the Bishoâ— of Lincolne Virum eminentis scientiae literatura conuersationis â—â— nestae saith our Author A man of eminent knowledg and learning and honest conuersation though he doe add this that to obtaine this election of the Pope to reiect the othâ—â— the said Kings messengers offered that his maiesty the Realme should be coÌ„tent to graunt to his Holines a tenth ouer all England for his warrs against Fredericke the Emperour But howsoeuer that was this proueth euidently the acknowledgment of his supreme Ecclesiasticall authority ouâ—r England by this King as doe infinite other things which are ouer many to be recouÌ„ted in this place 17. For first this verie Archbishop Richard being procured as you haue seen with such diligence by the King three years after his election to witt vpon the yeare of Christ 1231. when the King in a Parlament holden at VVestminster exacted as well of the Clergie as of the laitie a certaine payment or contribution of money called Scutagium not accustomed to be paied before the said Archbishop with his Bishops audacter resistentes dixerunt quod non tenerentur viri Ecclesiastici iudicio subijci laicorum boldlie resisting said vnto the King that Clergie-men were not bouÌ„d to be vnder the iudgment of Lai-men in the Parlament And moreouer the said Archbishop going priuatelie afterward to the King complained much of his high Iusticer Hubert de Burgo Earle of Kent for detaining certaine lands belonging to the Sea of Canterbury and a little after not receauing satisfaction from the King he pronounced excommunication against the said Hubert and other detainers and all that should keepe them companie except onlie the King himself and hauing done this he appealed to Rome and went thither himself Against whome the King sent one Roger de Cantelù and diuers other learned men for his procurators whome Pope Gregorie the nynth hauing heard gaue sentence for the said Archbishop Richard against the King Proposuerunt autem in contrarium Clerici Regis saith Matthew Paris pro ipso Rege Iusticiario multa inaniter allegantes sed parum vel nihil profecerunt quia causa Archiepiscopi iusta erat fauorabilis The Kings Clarks and Procurators proposed manie thinges to the contrarie in fauour of the King and his Iusticer but of no moment and consequentlie they profited little or nothing with the Pope for that the Archbishops cause was both iust and fauourable See heer againe the Popes authoritie in practice 18. And when this good Archbishop Richard dying in his way homeward left the Church void againe of a Pastor the Prior and Couent of Canterbury chose for Archbishop one Raph Neâ—il Bishop of Chester and Cauncelour of the Realme wherat the King being verie glad sent his messengers togeather with the partie chosen and the monkes that accompanied him to Rome for his confirmation But Pope Gregorie vpon the information of one Simon de Langituna to whom the examination of the person was committed did refuse him as an vnlearned man and a Courtyer and vnapt to preach or teach but indeed as some suspected least being a great lawyer and of much authoritie
all appeals in causes Ecclesiasticall to the Court of Rome reducing all spirituall authority of determining the same vnto the body spirituall of the English Clergy for so the words of the statute are The body spirituall of the English Church saith he hauing power when any cause of the law diuine happened to come in question or of spirituall learning c. to declare and determine all such doubts to administer al such offices duties as to their roomes spiritual did appertaine without the intermedling of any exteriour person or persons c. Wherby it appeareth that by this Statute he reduceth all spirituall power to a certaine community of the Ecclesiasticall body of England but in the second Statute that followed in the yeare after against suing for licences dispensations facultyes graunts rescripts or delegacyes to Rome he seemeth to establish all authority in the Archbishop of Canterbury that was then Thomas Cranmer newly made by himself for allowing of his marriage with Lady Anne Bullen for so he saith in the statute That the Archbishop of Canterbury for the tyme being and his successours shall haue power and authority from tyme to tyme by their discretions to giue graunt and dispose by an instrument vnder the seale of the said Archbishop vnto the King and vnto his heirs successours Kings of this Realme as well all maÌ„ner of such licences dispensations compositions facultyes graunts rescrips delegacyes instruments and other writings for causes not being contrary or repugnant to the holy scriptures and lawes of God as heertofore had byn vsed and accustomed to be had and obtained by the King or any his most noble progenitors or any of his or their subiects at the Sea of Rome or any person or persons by authority of the same c. 12. Lo heer King Henry giueth authority to the Archbishop of Canterbury to giue vnto him to wit to King Henry himself and his successors Kings of England and their subiects all dispensations which they were wont to â—â—ke and obtaine at the Popes hand so as heer he acknowledgeth that in former times that authority belonged to the Pope and that his auncestors and progenitors were of that opinion but that now he being offended with him he would take it from him and bestow it vpon the Archbishop of Canterbury subiecting himself and his inheritours to aske and obtaine the said dispensations at his hands and his successours which was as you see to make Archbishop Cranmer Pope and not himself for this yeare as the whole body of the English Clergy was for the yeare past 13. And wheras it is euident that King Henry gaue this authority to Cranmer for dispensing c. to the end he should dispense with him for marrying of the said Lady Anne Bullen it seemeth strange that he would vse this so ridiculous circuyt as first to giue authority by Parlament to Cranmer to be able to dispense with him to wit with King Henry the giuer and would not take immediatly either by himself or by Parlament authority to himself to dispense with himself But it is well seen that he had some remorse or shame-fastnes therin at the first beginning though the very next yeare after he amended the matter or rather made it worse by assuming it to himself For calling another Parlament vpon the 26. of his raigne he made the first Statute of all with this Title An act concerning the Kings Highnes to be Supreme head of the Church of England and to haue authority to reforme and redresse all errors heresies and abuses in the same Wherby you may see what gradation was vsed in this matter or rather mistery giuing this power first to the Community of the English Clergy secondly to the Archbishop of Canterbury and thirdly to himself and all this in three distinct yeares immediately following one the other 14. And now if mens euerlasting saluation must depend vpon these mutations of spirituall iurisdiction as no doubt they did in thousands of our Countrey at that tyme and if the eternall wisdome of our Sauiour Christ hath left no more certainty for direction of our soules by spirituall gouernement and authority then this of our English Parlament which changeth so often and easely as you haue heard vpon euery Princes particuler inclination then are we doubtlesse in a pittifull plight for that as hath byn declared before of the certainty of this spirituall power for binding or loosing of our sinnes for SacrameÌ„ts instructions directions and all other spirituall helps and assistance in this life dependeth the surety of our euerlasting saluation or damnation in the life to come 15. But to goe forward a little further in this matter now we haue King Henry head of the Church and M. Attorney no doubt is glad therof for helping of his cause though it help it but little or nothing at all it being the first example that euer could be giuen therof in England or elswhere throughout the Christian world and so much the more to be misliked if we beleiue Iohn Caluin in his sharp reproofe of this attempt which he calleth Tyrannicall Anti-Christian But M. Attorney perhaps will not care for Caluin or Beza or any of their followers in this point for that it maketh not to his purpose Well then he must notwithstanding graunt this in all reason that if this supreme authoritie spirituall was wel and rightly and by gods direction spirit and allowance taken vpon himself by King Henry then is it likely that he was guided also by the same spirit afterward in making his decrees laws and ordinances for directing and gouerning the English Church by that authority and especially for reforming and redressing of all errors heresies and abuses therin according to the speciall title of his said authority before set down wherof it followeth that when vpon the 31. yeare of his raigne which was fiue after the said authoritie giuen him hee calling a Parlament determined six mayne and principall articles of protestant religion to bee heresies to witt The deniall of the reall presence of the communion vnder one kind only That Priests may marrie That vowes of chastitie may bee broken That priuate masses are not lawfull That sacramentall or auricular confession is not necessarie appointing them that should hould any of these heresies so coÌ„deÌ„ned by him to be burned as notorious hereticks it followeth I say that this was decreed by him out of the same spirit and direction of god for that otherwise his Ecclesiasticall supremacy had byn to small purpose if there were no certainty in his determinations or that God would permit him to erre so grosly in so importaÌ„t a busines as this was for the whole Church of England so soone after he had ginen him his said supreme authoritie Ecclesiasticall 16. And that this was done by him against the Protestants with great deliberation consultation aduise maturity in the fullnes of his power Ecclesiasticall appeareth