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A08771 A reply to a notorious libell intituled A briefe apologie or defence of the ecclesiasticall hierarchie, &c. Wherein sufficient matter is discouered to giue all men satisfaction, who lend both their eares to the question in controuersie betweene the Iesuits and their adherents on the one part, and their sæcular priests defamed by them on the other part. Whereunto is also adioyned an answere to the appendix. Charnock, Robert, b. 1561. 1603 (1603) STC 19056; ESTC S104952 321,994 410

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any money for them onely they must pay for the sawce which according to the custome of the faire they must haue or els they must haue no goose O happy day wherein that faire was first instituted and a secret discouered which no Catholike Kings or Prelats could euer attaine vnto And thrice happy are they who by the light as it should see me of that day did see to make that Statute in the third yere of the Archipres byterie of M. George Blackwell vidi preuaricantes c. 18. Octob. 1600 wherein al right to appeale to Rome being most Catholikely conserued the penalties therein conteined doe onely light vpon such as haue set their hands to that which is prefixed to the Appeale which is nothing els but the causes thereof without which according to the custome and Canons of holy Church the appeale is of no force and are therefore by name to be expressed as we haue before shewed out of the Clementine Appellantide Appellationibus Now it remaineth that we shew when and vpon what occasions the Statutes were made by which the prouisions from Rome and some Appeales to Rome were forbidden First concerning these prouisions there was a statute made either in the 30. or 35. or as some other affirme 25. Edward 1. which was aboue 300. yeeres since wherein it is agreed and established that they should not be suffered There was also the like statute made in the 25. yere of Edw. 3 to the like effect by which it was forbidden that any should be placed in any dignitie without the assent of the King The same is also forbidden in the Parliament holden in the 38. of the same King The occasions of enacting these statutes are set downe as well in that of the 25. of Edw. 1. as elsewhere the iustice of those which were made in the time of Edw. 3. is the more apparant by a letter which hee and his nobles sent in the 17. yeere of his reigne to his Hol. to haue redresse for such defaults as were in that kind committed The Letter was to this effect King Edward and his Nobles perceiuing the derogation that was done to the Realme by such reseruations prouisions and collations of benefices as the Pope practised here in England wrote to him requiring him that sith the Churches of England had beene founded and endowed by noble and worthy men to the end the people might be instructed by people of their owne language and that he being so farre off could not vnderstand the defaults yet his predecessors and hee more then had been vsed by diuers reseruations prouisions and collations made to diuers persons some strangers yea and some enemies to the Realme whereby the money and profits were carried forth their Cures not prouided for according to the founders minds they therefore vpon due considerations thereof signified vnto him that they could not suffer such enormities any longer and therefore besought him to reuoke such reseruations prouisions and collations wholly to auoid such slanders mischiefes and harmes as might ensue and that the Cures might be committed to persons meete for the exercises of the same beseeching him further without delay to signifie his intention sith they meant to bestow their diligence to remedie the matter and see that redresse might be had Giuē in full Parliament at Westminster 18. of May Anno Dom. 1343. Thus far out of Iohn Stow 17. Edw. 3. where he also citeth Auesburie and Honingford Secondly concerning the forbidding of the appeales to Rome we find a Statute made in the 27. of Edw. 3. against those who shall drawe any person in plea out of the Realme of a thing whereof the knowledge appertained to the Kings Court or of such things whereof iudgement was giuen in the Kings courts or should sue in any other courts to defeate or let the iudgements giuen in the Kings Court. To these and other Statutes to the like effect the author of the Apologie affirmeth that the Catholike Bishops neither did nor could assent But whatsoeuer may be said for or against this position concerning the appeales no man can in reason think but that they both might very well and did assent to those statutes which were made against the prouisions or bestowing of dignities in England without the kings consent the causes are so apparantly layd downe by the King and the Nobles for that abridging of his Holines his promoting whom he would and to what dignities hee would in England And thus much may be alledged in the behalfe of the consent of the spirituall Lords to the statute against those appeales That in the new great abridgement printed Anno 1551. there is this clause set to the end of some statutes But the spirituall Lords assented not to this statute And there is no such note set to any of these Statutes which we haue here cited It is also euident that these statutes were not made vpon any heate of emulation against the Clergie for as we finde that in the 38. yeere of King Edw. 3. the statutes against those prouisions made in the 25. and 27. of the same King are confirmed although there be some fauour giuen to the Lords and Prelats offendors so in the 39 yeere of the same King which was the next yeere after we find that the Clergie in England was in as great honour as any Clergie in the worlde as may be shewed by the offices which the Bishops and Priests had then in England For the Bishop of Canterbury was Lord Chancellour of England the Bishop of Bath was L. Treasurer the Archdeacon of Lincolne was Lord priuie Seale the Parson of Somersam was master of the Rolles ten beneficed Priests were masters of the Chancerie the Deane of S. Martins le grand was chiefe Chancellour of the Exchequer Receiuer and Keeper of the Kings Treasure and Iewels the Archd. of Northampton was Chancellor of the Exchequer a Prebendarie of S. Martins was Clerk of the priuie Seale a Prebendarie of S. Steuens was Treasurer of the Kings house the Parson of Auon or Oundell was master of the Wardrobe the Parson of Fenny Stanton was one of the Chamberlaines of the Excheq and Keeper of the Kings Treasury and Iewels Other of the Clergie are noted to haue ben in office also in France in Ireland as well as in England Iohn of Gaunt Duke of Lancaster the fourth sonne of King Edward 3. hauing the gouernement of England committed vnto him in the time of his fathers last sickenesse which was in the 50. and 51. of his reigne disposed so farre of matters and offices as he conceiued some possibility to attaine to the Crown and to depriue his nephew Richard of Burdeaux who was sonne to the Blacke prince Edward the eldest sonne of King Edward the third But perceiuing that it would be hard for him to obtaine his purpose so long as the Church stood in that estate it did and the citizeens of London enioyed their liberties hee laboured to ouerthrow them both