38. Item the foresayd Officials call by Citation afore thē the honest wedded aswell man as woman charging thē that they haue committed adultery to the perpetuall infamy of theyr husbands and wiues And for nothing els but by extortion to wring mony from them 39. Item mention must be made of the multitude number of Proctors which eate and deuoure vp all the world with their citations catching vp clientes and keeping abroad in the countryes courts and Assises who for mony returne not the citations which by extortion they receiue of them which are cited 40. Item there be many other griefes and enormityes which the Chapiters Abbotes Priors Prouostes and other ecclesiasticall persons in the Realme of Fraunce practise agaynst the people As whē they cause to be cited before them many of the kinges burgesies other in diuers places being priuiledged that is to say Baiocēses Manmectans in Britaine Lugdons Masticous with other more But specially the Prouos of hospitals vse more cōmonly this trick then any other do wherby the people is much endamaged and wil be euery day more and more if remedy be not had therein 41. Item ecclesiasticall magistrates labor to haue cognition of causes of iniury in whatsoeuer cause it be whether the iniury be committed by word or fact Likewise they take vpon them to heare the causes of maried clerkes and of their wiues although they both vse marchaundise And if at any time such couples be taken by the secular Magistrates the Officiall causeth a suspension to be denounced in that Parish by force of the councell Siluanecten 42. Item they chalenge to haue cognition concerning widowes goods both moueable and vnmoueable And if it happeneth at any time that a Marchaunt widow in any the kings peculiars by way of rest procureth any temporall man to be conuented before the secular iudge and the matter so farre trauised that he should haue bene condemned by the sentence of the secular iudge then come to the eare of the ecclesiasticall magistrates how before whom the widow did conuēt him The sayd temporal iudge shal be constrayned to withdraw the same And by their monitions and censures to correct the same and this oftē times happeneth 43. Item many of the tenaunts inhabitours of the Bishops landes calleth one an other to the court of the Officials by a kinde of appellation By vertue wherof the Officials take vpon them to proceede in the same and to haue cognition thereof to the preiudice of the temporall iurisdiction of our soueraigne Lord the king 44. Item if any man be apprehended by secular iustice in shedding of bloud by thē if he be Lay he is to be ordered If he be a Clerke he is to be restored to the Ecclesiasticall iudge But whether he be a temporall man or clerke that is so takē and appealeth to the Officials court They will be so bold to haue cognition therof requiring herewith amends of the secular court which enterprised the foresayd apprehension If this be suffered the malefactor shal neuer be punished For by and by they will appeale and immediatly after the appellation flye and auoyde away 45. Item when they cause many of Office to be cited before them they will admit them to haue no Proctors To whom when they come at the day of appearance they obiect the crime of vsury And except they answer as the promotors wil thēselues they are trodē vnder feet although they be mere lay and shall not be dismissed before they fine euen as the Officials list themselues although they be no vsurers But if any be vsurers they take of them satisfaction and bribes and so be permitted to vse their vsury no lesse then before So that they may haue their olde fees and bribes 46. Item they procure theyr officers to apprehend clerks in whatsoeuer soile they be foūd albeit by iustice they may appeal therefro But if by any they be let of their will here in they do forthwith by sentence of excommunicatiō cause them to desist therfore 47. Item as often times as any temporall Magistrate doth apprehēd any person which afterward being required of the clergy is quietly deliuered vnto them yet for all that the Officials causeth those Magistrats to be denoūced excommunicate by law 48. Item the Prelates geue order of Tonsures aswell to men of 30. yeares as vpward as also to maried men whē they come vnto them for feare of imprisonment punishment due vnto them for their criminal offences before cōmitted And this is often times put in practise 49. Item if it happen any of the kings seruants or any other to be excommunicate would fayne be absolued being glad to pay reasonably for the same The Clergy will not receiue but such satisfaction as shall please thē wherby many of them remayne still excommunicate 50. Item when two persons haue bene at strife and law together for the possessiō of land and the matter contentious be put into the handes of the king by some seruant or officer of the king for the taking vp of the matter then do the Prelates admonish the one part not to trouble the other which is in possession Otherwise if he do they do excommunicate him 51. Item the foresayd Prelates Deanes Chaplens and other the rout of the Clergy putteth the kinges officers to so much trauaile and expenses in trying out the kinges vsurped iurisdictiō as they terme it that often times many of them spend and consume in the trauaell of the right and title thereof all that they haue and more to 52. Item if any secular iusticer in a true and iust cause at the request of the party putteth in his helping hand cōcerning the inheritaunce of Clerkes the Ecclesiasticall Iudges and their Ministers sendeth out monitiōs in writing agaynst the sayd Iusticer yea vnder payne of excōmunication forfeiture to take away his hand and leaue of Enioyning him further to suffer the other party quietly to enioy the sayd things Otherwise they denounce him excommunicate shall not be absolued before he haue well paid for it euen as pleaseth maister Officiall to the high preiudice of the authority of our soueraigne Lord the king 53. Item the Ecclesiasticall magistrates so soone as they heare any rich or fat Cob to dye or thinke that he will not liue long send out forthwith letters vnder seale to theyr chaplain commaūding him in any wise not to presume to bury him although he made his Testament and receiued the rites of the Church And when afterward the frendes and kinsfolkes of the dead resort vnto them to know the cause of their inhibition they declare vnto thē that he was an vsurer and that he kept not the commaundementes of holy Church And so long keep they the corpes of the dead vnburyed while the frendes of him buy it out with good store of mony heaping hording by these meanes aboūdance of riches 54. Item if there be any
lying other vnlawful meanes likewise ought to debar their golde to the proud Priest of Rome which doth poyson all Christendome with Simony and heresy Further that it is a great abhomination that Bishops mōks and other prelates be so great Lords in this world where as Christ with his Apostles and disciples neuer took vpon thē secular dominion neither did they appropriat vnto them churches as these men do but led a poore life gaue a good testimony of theyr priesthood And therfore all Christians ought to the vttermost of theyr power and strength to sweare that they will reduce such shauelings to the humility and pouerty of Christ and his Apostles And whosoeuer thus doth not consenteth to theyr heresy Also that these two chapiters of the immunitye of Churches are to be condemned that is cap. Non minus and cap. Aduersus Because they doe decree that temporall Lordes may neyther require tallages nor tenthes of any Ecclesiasticall persons Now to the correction of the clergy By the law of god and by reason the king and all other Christians may take reuenge of Italye and of all the false Priests and Clerkes within the same and to reduce them vnto the humble ordinaunce of Iesus Christ. Also that the law of Siluester the Pope which is declared in 2. q. 5. cap. Praesul and cap. Nullam is cōtrary to the law of Christ either testament And that proud and ambitious Siluester by this lawe so defended two Cardinals which were not to be defended by the law of Christ that by no meanes they might be conuinced although they were both vicious euil And although christ susteined and suffered the iudgemēt of vniust temporal iudges Our mitred prelates in these dayes so magnify themselues beyond christ and his Apostles that they refuse and will none of such iudgements Also that those decretals of accusations cap. Quādo Qualiter Which do prohibite that any clerkes should be brought before a secular iudge to receiue iudgement do contayne both heresy blasphemy and error and bringeth great gayne and commodity to Antechristes cofers Furthermore that all Christian kinges and Lordes ought to exclayme agaynst the Pope and those that be hys sautors and banish them out of theyr landes till such time as they will obey God and his Gospell Kings and other ministers of Gods iustice Also that bishops and theyr fauourers that say it appertayneth not to kings and secular Lordes but vnto them and theyr Officials to punish adultery and fornicatiō do fall into manifest treason agaynst the king and heresy agaynst the scripture Also that it appertayneth to the king to haue the order both of priests bishops as these kings Salomon and Iosaphat had Furthermore that chapter Nullus iudicium de foro conpetenti by the which secular iudges are forbidden without the Bishops commandement to condemne any Clerk to death Is manifestly agaynst the holy scripture declaryng that kinges haue power ouer clerkes priestes to punish thē for their deserued crimes Also that the decree of Boniface de poenis in 6. cap. foelicis made agaynst the persecutors strikers and imprisoners of Cardinals as contrary both to the holy scripture to all reason Also that by the law of God and reason a secular Lord may lawfully take a Cardinal put him in prison for committing the crime of open sunony adultery manifest blasphemy Also that the chapier Si Papa dist 40. which sayth that the Pope ought to be iudged of none vnles he be deuius a fide is cōtrary to the gospell which sayth If thy brother sinne agaynst thee correct him Also where as S. Gregory and S. Augustine called themselues the seruaunts of Gods seruants this proud bishop of Rome which will not be iudged by his subiects which be in very deed his Lordes if they be iust good men doth destroy the order of Gods law and all humility and doth extoll himself aboue God and his Apostles Also that christian kings ought not onely to iudge this proud bishop of Rome but also to depose him by the example that Cestrensis lib. 6. cap. 8. declareth of Otho the Emperour which deposed Iohn the xii and did institute Leo in his place And further he maketh an exhortation to the Princes to iudge the Church of Rome which he calleth the great and cursed strompet of whom S. Iohn writeth in the Apocalips chap. 17. Lastly touching the lawes and determinations of the church Christians haue reasonable excuses and causes to repell the statutes of the pope and of his shauelings which be not expresly grounded in the holy scriptures or els vpon reason ineuitable Also he sayth that that law whiche is set forth of consecration distinctione 2. cap. Seculares cap. Omnis homo cap. Et si non frequentius cap. In coena domini That such secular men as do not receiue the sacrament ot the aultar at Christmas Easter and Whitsontide are not to be counted amongest the number of Christians nor are to be estemed as christiās wherby it followeth that all Clerkes and lay men that obserue not the same it seemeth they go strait to hell But if this law be of no force for that the custome and vse in receiuing is contrary to the same then may we blesse such rebellion disobediēce to the pope and his law for otherwise we should flee to hel without any stay or let Wherby we may conclude that all Christiās ought well to practise this schoole of disobedience against the Pope and all his lawes not founded vpon the holy scripture which do let men to clime to heauen by the keping of charity and the liberty of the Gospell Also that Christian men haue great cause to refuse the lawes and statutes of these worldly clerkes which the people call the papal lawes and bishoplike statutes for the couetousnesse and voluptuousnesse of them without the which the church congregation of God might safely run towards heauē by the sweet yoke of the Lord as it did 1000. yeres before the said lawes were prescribed and sēt to the Uniuersities and withdrew mē from studiyng of the holy scripture for the desire of benefices and worldly goods Also that simple men do reuerētly receiue the sentences of the Doctors and other lawes so farre forth as they be expresly groūded vpon the holy scripture or good reason Also that where as the Popes lawes lawes of his ministers clerks be both cōtrary to them selues and haue not theyr foūdation neither vpon the scripture nor yet vpon reason simple mē ought to bid thē farewell Also that when all the apostles faith fayled thē in the time of the Lords passiō fayth thē rested in the blessed virgin much more might that proud priest of Rome with all his rabble easily erre in the fayth and yet is the Christian fayth preserued whole and safe in the faythful members of Christ which are his true Church But the
Rome Pope Iohn had his eyes put out and so put to death Pope Gregory restored Vii electours of themperors ordayned in Germany and who they be Ex Chronico Martini King Egelred Anno. 979. The life of Egelred Anno. 981. The coronation of Egelred The prophecie of Dunstane as monkishe storyes geue it The Danes recoursed to England Houeden lib. continuationum London coÌ„sumed with fire The king warred against the Byshop of Rochester An. 990. The bloudy flixe and hote feuers reigned in this land The death of Dunstane Ethelgarus Elfricus Siricius Elphegus Archb. of Canterb. An. 995. The Byshops sea of Dyrham London besieged of the Danes The Dane spoyled the land Great tribute leuied of the Englishmen Danegelt The sorrowfull affliction of the English nation What disseÌ„tion and discorde doth amoÌ„g the nobles in a realme The pride and wretchednes of the Danes toward the Englishmen Lord Dane Lurdaine Anno. 1000. Henrie Archidiat lib. 6. The first ioyning betweene the Norm and Englishe men King Egelred marieth Emma the Dukes daughter of Normandy Richard Duke of Normandy The Danes by secret coÌ„mission slayne in euery towne of England Suanus K. of Denmarke ariueth in England Exeter beat down Norwiche spoyled and wasted by the Danes Anno. 1004. A tribute payd to the Danes of xxx M. pound to haue peace The persecution of Turkillus a Dane Euill counsell about a king what hurt it doth The second returne of Suanus into England The persecution of Suanus king of Danes Caunterbury besieged Treason of a false Deacon Caunterbury takeÌ„ and brent The tything of the Monkes of Caunterbury A cruell murther of the Danes Elphegus the Archb. of CauÌ„t stoned to death Anno. 1013. King Egelred driuen 〈…〉 I le of Wigâ—â— from then 〈◊〉 Normandy The vertue of Christen mens prayer The death and end of Suanus The Abbey of S. Edmundelburie builded King Egelred returneth into England Canutus cutteth of the noses and handes of hys pledges Canutus taketh Westsaxon A lessen for all Iudges and Iustices Brybes Euill Iudges worse in a common wealth then bloudy enemies Wicked officers Agaynst wicked Iudges A wicked Iudge deposed and depriued by the king Anno. 1016. Edmund Ironside sunne of Egelred king Canutus sonne of Swanus king The battayles betweene Edmundus and Canutus A witty oration to stay bloud betweene 2. armyes Two 〈◊〉 fight 〈◊〉 to hand The 〈◊〉 murtherd king Edmund Two soâ—ne of Edmund Yâ—onside Flattery 〈◊〉 fidelity 〈◊〉 vntrueth in English Lordes False vnfaythfulnes and vnconstant mobilitie in Englishe Lordes and rewarded Duke Edrike the false traytor and murtherer of 〈◊〉 king worthely rewarded for hys wicked falshode The end of pernicious traytours The brother of Edmund Yronside banished reconciled and lastly slayne Edmund and Edward two sonnes of Edmund Yronside sent out to be slayne Canutus K. of Denmarke Canutus maryeth Emma wife before of Egelred Lawes of K. Edgar Hâ—rold Harefoot K. of EnglaÌ„d a Dane Anno. 1039. Hardecknout king last of the Danes that reigned in England Erle Godwyn The miserable wretchednes of Godwyn agaynst the Normands The Normandes tythed and yet the tenthes retithed agayn Alfredus sonne of Egelred right heyre of the crowne tormented with cruell death The cause expended why God suffered this land to be conquered by the Normandes Example of Gods righteous iudgement The death of K. Hardeknout The sonnes of Erle Godwyn The story of Alfred repeated Taken out of the english story or chronicle compiled of certayne englishe Clerkes Alfred of Alâ—red sonne of K. Egelred Ex historia ignati autoriâ— Gunilda wife to Henricus the Emperour Canutus went to Rome The hospitall builde at Rome for English pâ—â—grimes Rome shote confirmed by Canutus The Cathedral Churche of Wintchest inritched by Canutus S. Benets in Norfolke builded Bury Abbey turned to Monkes Flatterers and clawbackes about Princes Canutus chargeth the sea to stand backe but it would not be A lesson notable for kinges and Princes God onely the king of all kings and Lord of Lordes The kinges crowne put on a roode Kinges of England haue as much right in causes spirituall as temporall Certaine lawes of K. Canutus for the ordering of matters ecclesiasticall Adultresse woman to loose their eares and noses Anno. 104â— King Edward the conâ—ellour England aâ—flicted by the Danes the space of 255. yeares K. Edward crowned Holy king Edward a virgine iâ— maryage Methe iâ— Greeke signifieth drâ—kennes Aceasation of the Archbish. against Emma the kinges mother False accusation purged by hote yron A straunge thing if it were true and without false conueyance Great snow and mortalitie in England Variaunce betweene the king and Godwyn Godwyn with hys v. sonnes outlawed Godwyn reconciled to the king vpon pledges geuen William D. of Normandy came into England to king Edward Marianus Scotus wheÌ„ he liued The end and death of vngodly Godwyn Ex lorna Malmesberiensi Polydor. Fabiano alijs Gods iust punishment vpon Godwyn for the murthering of Alphred Periurie plagued Edward the outlawe sonne of Edmund Yronside sent for to England Anno. 1056. The death of Edward sonne of Edmond Yronside William Duke of Normandy admitted heyre to the crowne The enuy and discorde of brethren Vngracious children of a wicked father A place of Polydorus Virg. examined Harold taken of the Normands Harold promiseth Duke William to marry hys daughter and to keepe the realme for hys behoofe Erle Leofricus euer true and faythfull to hys prince How Couentry was made free Godina wife to Leofricus The Abby of Couentry builded by Leofricus Edward the outlaw Edgar Edeling Margaret Queene of Scottes Matilde Queene of England Dauid King of Scots The death of King Edward Westminster repayred Guliel Malmesber Ex lornalen Ex Historia Richardi 2. iussu composita The lawes of K. Edward Ex Mathaeo pariensi William Conquerour sworne to K. Edwardes lawes yet went from it Ex libro Reg. antiquorum in praetorio Londinensi The office of a king described in the lawes of K. Edward A king the vicare of God in earth The limits of the kingdome of England how farre they doe extend The office of a king farther described 〈…〉 and 〈◊〉 king 〈◊〉 to haue 〈…〉 iecâ—ion Anno. 1066. Harold 〈◊〉 K. of Saxons Harold king of Denmarke and Tostius slayne The Pope sendeth a banner to Duke W. vpon bone vâ—age into England Duke William landeth at Hâ—stinges Three causes why Duke William entred England Three conditions offered to Harold by D. William The fight betweene Harold and Duke William K. Harold slayne The consanguinitie betweene K. Edward and William Conquerour Murther iustly recompensed Archbishops of Caunterb Liningus Egelmothus Robertus Stigandus The decay of the Church Pope Siluester 2. Siluester the. 2 a soule sorcerer Ioannes Stella Platina Petrus Praemostratensis Nancleâ—us Antoninus Robertus Barnus Ioannes Baleus Ex Ioan Stella An admonition for sorcerers and wicked coniuâ—ers The feast of all soules brouâ—ht into the church Benedictus the 9. Gregorius the 6. A constitution no pope to be chosen but by the
fayn to post to Rome and there to bring the Archb. in hatred in the Court of Rome made his Abbay tributary to Pope Alexander The Pope well contented with this not onely graunteth the Abbot his desire but also in cōtumely of the archbishop dubbeth the Abbot with all such ornaments as to a Prelate apperteined and so in the yeare 1178. sent home the Abbot triumphantly with his ring and mitre and other ensignes of victory with letters also to the Archbishop inioyning him immediatly vpon the sight thereof to consecrate the Abbot in his own Church without making any profession Although with these letters the archbishop was shrewedly pressed yet notwithstanding hys stout hart would not stoupe for this but layd his appeale against the same and so the consecratiō for that time was suspended Then Roger for his more defence getting the kings letters trauailed vp the second time to Rome where greuously he complayned to Pope Alexander of the Archbyshop At the same time a generall councell was summoned to be kept at Lateran where Richard the foresayd arch bishop was also looked for amongst other Bishops to be present Who thē came as farre as Paris but being there durst approch no further so retyred home again Wherupon the Pope being offended with his contēpt without any more delay exalted the Abbot with his own consecration and inuested him with all pompe and glory howbeit prouiding before that the sayd consecration should redoūd to no preiudice agaynst the liberties of the mother church of Canterbury and so vpon the same wrot to the Archbishop his letters of certificate with this additiō annexed Saluo iure dignitate Cant. Ecclesiae that is to say Sauing the liberties and dignity of the Church of Cant. c. After the counsell ended Roger the Abbot returneth home although with an empty purse yet full of victory triūph The Archbishop againe thinking to worke some greuaunce to the Austen Monkes had procured in this meane time letters from Pope Alexander to the Bishop of Durhā and Abbot of S. Albons that they should cause the sayd Roger Abbot of the Austen monks to shew vnto the Archbishop at y◠old priuiledges of his house which in deed being shewed seemed to be rased new written with Bulles of lead not after the maner nor stile of that age nor pretending no such antiquity as should seeme to reach frō the time of Austen but rather newly coūterfeit All this notwithstanding the Abbot bearing him bold vpon the Popes fauour ceased not stil to disquiet ouercrow the Archbishop by all wayes he could in exempting all his Priestes and laimen belonging to his iurisdiction from the archb obedience forbidding also that none of his should come to his Chapters or Sinods nor to feare any sentence of his curse or excommunication Wherupon the Archbishop about the month of Nouember the same yere sayling ouer to Normandy where the king was thought to take his iourney to the pope to complain of the Abbot but being stayd by the king was not suffered to passe any further the king labouring what he could to bring them to agreement neuerthelesse the Pope and his Romaines sayth my story Aurum argentum magis quà m iusticiam sitientes seditiones inter eos litigia commouebant that is caring more for golde and siluer then for iustice still stirred coales of sedition and debate betweene them Ex Historia Geruasij The next yere after this insuing which was the yeare of our Lord 1184. dyed Richard the Archbishop aforesaid in the 38 yere of king Henry 2. After whose dicease much trouble happened about the election of a new Archb. betwene the king and monkes of Canterbury And now to enter here into the story of Baldwin aboue mētioned first the king sēt to the monks that they should consider with themselues about the election of their Archbishop and to be ready agaynst the time that he would send for them to the court Vpon this the Couent gladly assembling together agreed in themselues vpon one whom they thought chiefly to preferre yet naming foure moe that if the king would refuse one the other yet might stand Now the practise in the monkes was first to keepe the election only in their owne handes as much as they could And secondly euer to geue the election either to some Prior or Monk of their own house or to some Abbot or Bishop which some time had bene of theyr company Wherby as much inconuenience and blind superstition was bred in the church of England so the same disliked both the king and the Byshops not a litle As this past on the king when he saw his time willed the monks of Canterbury to be cited or sent for to vnderstand what they had concluded in their election Wherupō the Monkes sent vp their Prior called Alanus with certaine other Monks to Reding where the king thē lay about the moneth of August Who at first were curtuously enterteined but after the king had intelligēce whom they had nominated elected they were sēt home agayne with cold cheare the king willing thē to pray better and to aduise more earnestly vpon the matter amongst themselues Alanus the Prior with his felowes thus departed who comming home in conclusion so concluded amongst them selues that they would remitt no iote of their liberties to the king without the popes consent and knowledge The king vnderstanding hereof sent his Ambassadours likewise to the Pope for the fortefying of his cause being in that mean time grieuously offēded with the Prior saying that he was proud would make archbishop whom he listed and would be the second Pope in England c. Not long after this as these letters were sent vp to Rome the king sent for Alanus the Prior and moe of the monks to come to him Whom he entreateth desiring thē in gentle speech that they would shew so much gentlenes fauor to him being their Lord King as becōmeth hys frendes and subiects to doe as to conferre with the Byshops of the Realme about this matter and to take some better councel so as might redoūd to Gods glory his honor wealth of the publicke state with other like words to the same effect To whom when the Prior agayne had answered with thankes due reuerence according to the kinges request the Bishops and Monks went to confer together about the matter And first the Bishoppes maruelled why the monks should exclude them out of the election seing they were professed Suffraganes to the sayd church of Canterbury Neither is there any Prince quoth the bishop of Bathe that will refuse our counsell There be some counsels sayd the Monkes whereat you may be called but as touching the doing of this electiō it pertaineth nothing vnto you further then to publish onely and denounce y◠party whō we haue chosen The bishop of London then asked if
nowe confirmed in his seat came to the King complaining of Hubert the Lord chief Iustice oft mentioned before for withholding him from the castle and towne of Tunebrydge with the appurtenance to the same belonging and other landes of the Earle of Clare late deceased which landes appertained to the right of his seat to the church of Cant. for the which the said Earle with his aunceters were bound to do homage to him and to his predecessors and therfore required the keping of the foresaid castle with the demaines therof to be restored vnto him To this the king answered againe that the sayd Erle did hold of hym in Capite and that the Castles being vacaunt of Earles and Barons with theyr heyres did belong to hys crowne till the lawfull age of the sayd heires The Archb. when he could get no other answer of the king did excommunicate all such as inuaded the foresaid possessions wyth all other that tooke their parte the king onely excepted Which done eftsoones speedeth himselfe to Rome there to prosecute his sute before the pope The king hearing therof not long after sendeth vp maister Roger Cantelu wyth certaine other messengers to Rome against the Archb. Thus Richard the Archb. comming before the Popes presence beginneth first to complaine of his king for that he committed all the affaires of the realme to the disposition and gouernement of Hubert his iustice vsing only his counsaile all his other nobles despised Against the sayde iustice moreouer he complained laying to his charge First that he had maried a wife being the kinswomā of her whom he had maried before also that the said Hubert the iustice did inuade hold and wrongfully deteine such possessions as belonged to the see Church of Canterburie ¶ As touching the wife of this Hubert heere is to be noted that he maried the elder sister of the king of Scottes which semeth could be of no great kinne to her whome hee maried before Farther he complained of certaine Bishops his Suffraganes who neglecting their pastorall function did sit on Checker matters belonging to the King and exercised sessions and iudgements of bloud Ouer and besides he complained of beneficed persons and clerks within orders for hauing many benefices ioyned with cure of soule And that they also taking example of the Bishops did intermeddle in secular matters and in iudgements of lay men Of these and such other defaults he required redresse to be had The Pope weying and considering the cause of the Archb. to stand vpon right reason at least wise seeming so to his purpose commaunded incontinent his petitions and requests to be dispatched according to iustice Against these complaints of the Archbishop the kings atturneis alledged and defended in as much fauour of the king as they might but coulde doe no good Such fauour found the archbishop in the popes sight being as the story reporteth of a comely personage of an eloquēt tonge that he obtained whatsoeuer he asked Thus the Archbyshop with all fauourable speede being dispatched at Rome after his owne will and desire returned homewarde who in his iourney within 3. daies of his setting forth departed in the house of the gray Friers at S. Gemmes and so hys cause departed with him who winning his sute lost hys life for whome it had bene better I suppose to haue taried at home And here of him and end with all his complaintes also Ex Paris After the death of this Richarde the monkes of Cant. according to the manner addresse them selues to a newe election at which was chosen Radulfe Neuill Byshop of Chichester who was the kinges Chauncelor much commended in stories to be a man faithfull vpright and constant which from the way of iustice declined neither to the right hand nor to the left But vpright and sincere both in word and deede This Rauffe thus chosen of the monks was presented to the king to be their Archbishop wherewith the king was right well contented and glad also of this election and foorthwith inuested him for Archbyshop of the Church of Canterb. But this inuesting of the King was not inough vnles he should also be confirmed by the pope Wherefore the Monkes ready to take their iourney vnto Rome came to the newe Archb. requiring hys helpe for their expenses by the way and to know what seruice he would commaunde them to the Court of Rome But hee fearing in his mind the same not to be without some scruple of sunonie ambition said he would not geue an halfpenie and holding vp his handes to heauen thus prayed saying O Lorde God if I shall be thought worthy to be called although in deede vnworthy to the seat office of this church so be it as thou shalt dispose it But if otherwise in this troublesom office of Chancerie and this my inferior ministerie whereunto I haue bene assigned I shall seme more necessary for this thy kingdome and people I refuse not my labour thy will be done The monks beholding the constancie of the man notwtstanding they had of him no money yet refused not their trauail and iourny to Rome to haue their election confirmed by the Popes authoritie The Pope inquiring of Simon Langhton brother of Stephen Langhton Archb. of Cant. before mentioned of the person of this man it was reported againe to him by the sayde Simon maliciously deprauing the good man behind his backe declaring to the Pope that he was a courtier vnlearned hasty and feruent in his doings and such one who if he should be promoted to that dignitie would go about with the help of the king and of the whole realme to remooue and bring the realme of England from vnder the yoke of the Pope and of the Churche of Rome And so to bereeue the See of Rome of the tribute vnder which king Iohn had once subiected himselfe and his realme at what time he yelded his crown to the handes of Pandolfus the Legate c. with these and such other words Simon Langhton falsly and maliciously depraued the godly bishop The pope hearing with one care crediting what he heard wtout farther inquisition made of the other party accused sendeth incontinent to the monks of Cant. to procede in a new election and to chuse them an other Arch. such as were an wholesome pastour of soules profitable to the church of England deuout to the church of Rome And thus was the lawfull election of thys good Archb. made frustrate too good peraduenture to serue in that place whereunto he was elected After the repulse of thys Radulphe the Caunterburie Monkes entring a new election agreed vpon Iohn their prior to be their Metropolitane Who going vp to Rome to haue his election confirmed by the Pope was 3. dayes together examined of the cardinals And when they could finde no insufficiency in him touching these things wherin they tried him yet notwithstanding the pope finding a fault with
seÌ„ding out their monition of excommunication against theÌ„ that stand bound concerning the same contractes 6. Item the Byshoppes and Prelates decree prouinciall couÌ„cels and Sinodall Statuts enacting ordering therin many thinges to the high great preiudice of the temporall iurisdiction wherin they ought to haue no cognitioÌ„ at all neither to intermeddle themselues therwith 7. Item the foresayd Officials take vpon theÌ„ before Notaries to sweare persons for performance of contractes bargaynes made by them in places vnder the iurisdiction temporal concerning the sale of inheritance or otherwise incroching thereby vpon their iurisdiction when verelye they haue nothing to do with any contracts and obligations but with such as are made and agreed vpon within the compasse of their owne seat and iurisdiction 8. Item the sayd Officials of ther meere office call before them the laity to aunswere to such matters of correctioÌ„ as shal be layd to theyr charge the cognition where of as they say doth appertayn vnto them And when the sayd persoÌ„s do appeare before them deny the crime obiected against them the Officials deteyne them and put them in prison although in such cases they are to be released and that imprisonment appertaineth onely to the temporall power not to them 9. Item in the cases aforesayd although by making of their purgations and other the proces therein they be fouÌ„d cleare of that which is layd to theyr charge and are acquitted these yet the said officials will in no wise discharge and dismisse theÌ„ before they haue to the vttermost payd for the writings and proces in that behalfe a good piece of mony when by law it ought to be done gratis and for nothing 10. Item it must not be forgotten to talke of the senteÌ„ce of excoÌ„munication which is decreed by vertue of one only citation so often times as a man sayleth in his appearance 11. Item mentioÌ„ is to be made of those kinde of obligatioÌ„s De nisi whereby a man is excommunicated by and by if he make not payment at the day prefixed although he be not able so to do 12. Item whosoeuer by vertue of excommunicatioÌ„ in the Bishops court is excommunicate and he â—â— excoÌ„municate do not satisfy the summe due about the excommunication by by the summ is doubled And the secular power charged by the bishops or their officials that they vnder paine of excoÌ„mmunication compell the excoÌ„municate by attaching their goods to pay the sayd summe and not to misse a iote which monitioÌ„ if the layry refuseth to put in executioÌ„ they themselues are then excommunicate in no wise to be absolued before they disburse that mony the which the principall excommunicate person should haue payd 13. Item if the Balifes Hedborowes or other the kings officers and iudges of the temporaltye receiuing the foresayd monitions do put the same in execution finde those that be excoÌ„municate to be beggerlye and nothing worth the sayd officers are bound at their owne proper costs and charges to resort to the Bishops sea or consistory where soeuer it is there to take a corporall oath that the partyes excoÌ„municate are nothing worth This if they fayle those officers are sure to be excommunicate and therby inforced to disburse the due of the first excommunicate persons 14. IteÌ„ if two lay men be in sute together before a temporall iudge about an action either reall or personall one of theÌ„ after contestation of law and great proces therin do appeale vnto an ecclesiasticall iudge he will presume then to deteine before him the plea of such cases actions both reall personal causing by vertue of his monitions authority the temporall iudge to cease leaue of from medling therein which if the secular iudge obeyeth not he is pronounced excommunicate compelled to make satisfaction by occasions wherof the teÌ„poral iurisdiction is much annoyed and cleane loseth the prerogatiue thereof because by law no man may appeale from a spirituall iudge to the temporall law 15. Item if a lay man inhabiter of any the kings townes procureth his debter being also a lay man to be arested by vertue of secular iustice in that place he which is so arrested appealeth causeth also his creditor to be arrested the officials will take vpoÌ„ them to heare this matter And if any thing be atteÌ„pted concerning the appeale they misse not to demauÌ„d cost and satisfaction both of the iustice and also of him to whom the arrest was made And if any of the Princes retinne compelleth them to resist this iniury they are straight wayes pronounced excommunicate 16. Item if the sayd Bishops haue a number of Officials vnder them whom they terme Deanes of the clergy which vsually causeth all sorts of people through the kinges dominions onely by word of mouth to come afore theÌ„ that sometime without commissioÌ„ when that in euery Dioces there ought onely to be but one seat or Consistory wherâ—â— matters should be heard and decided And hereby it hapneth diuers times that many are wrongfully without cause cited to the end that they may pay mony enough to rid themselues thereof which is to the no small preiudice of the Kinges Maiestyes subiectes and the temporall iurisdiction 17. Item the sayd rulers of the clerks sealeth vp the houses of their clergy which are situate in the kinges townes and other of his noble mens villagyes to the preindice of the kinges maiestyes iurisdiction other of his nobility for that in such kinde of places the Bishops haue no suche kinde of iurisdiction 18. Item the sayd Prelates or their officials doe presume to seale vp the moueable goods of maryed Clerkes and of marchaunts where in such cases the order thereof apperteineth to the temporall law 19. Item they compel the laity to put in surety to answere clerkes before them in the spirituall court yea and chiefly the kinges owne seruitures 20. Item they presume to heare and haue the cognition of actions which are reall or at leastwise mixt that is both reall and personall 21. Item the sayd prelates go about to haue cognition of such temporall mens matters as dwel in hospitals almes houses the kings peculiars and in villagies of his subiectes although the plea thereof apperteineth to the King himselfe and his subiects forbidding vnder payne of excoÌ„munication great forfeits no man so hardy to commeÌ„ce any sute agaynst any of them but before theÌ„selues in pain of a great summe of mony 22. Item to the end the Clergye and Ecclesiasticall rule should be multiplied they conferre a number of Tonsures to children vnder age some of them being sonnes of bondmen other some bastardes borne yea and to many more maried folkes insufficient vnable and vnlearned 23. Item they do cause by the gouernors of their clerkes widow women to be inforced defiled and will haue the discussing therof as in like maner they will determine the matters
violent shedding of bloud in any churchyard wherby the interdict taketh place the Clergy causeth a certain impositiō to be leuied of the parishioners there for the salary towards the restoring therof Although some of the parishioners be of an exempt iurisdictiō yea although he which shed the bloud be able to pay the whole taxe which they leuyed and more to 55. Item certaine Chaplaines affirme to haue certayn Apostolicall priuileges by vertue wherof they may appoint what Iudges they will yea and oftentimes of their own house so be iudges in their owne cause which is playne against the law wherby often times it happeneth that after great proces expenses had made in any great cause of inquest more often about reality then otherwise when they haue notice by the Proctors and Aduocates that they shall haue the foyle therin they reuoke forthwith those named Iudges and so the kings subiectes are damaged and can haue no iustice nor redresse at their handes 56. Itē if any temporall man call a Clerke before a secular iudge in a case of inheritance the ecclesiastical iudge procureth a stopp to be made therein attributing to themselues the cognitiō therof and so by adiourning remouing the lay man is constrayned to make satisfaction 57. Item the clergy chalengeth the cognition of such causes as maried Clerkes being marchauntes and artificers do commence when by law it doth appertaine to the temralty especially about the trade of Marchaundise 58. Item they oftentimes make interdictions in many of the kings townes and holdes and cause the diuine seruice to cease agaynst the priuiledges graunted by many of the high Bishops of Rome to our soueraigne Lord and maister the King 59. Item to and for the maintaynance keeping of theyr temporalties they appoynt Baylifs other officers who if they do offēd may not condignly be punished according to law and iustice 60. Item the Ecclesiasticall Iudges haue promoters belonging vnto them who whē any man is excommunicated be it right or be it wrong they cause to be made that no man shall work or do anything for him that is excommunicate whereby the landes and vines are often times vnlooked to and vntilled to the no small preiudice of the king and his common people 61. Item the foresayd Promoters cause Citation to be made out by vertue wherof they call in one citatiō 20.30 40. persons to appeare for participating with such Interdicted persons taking of some 10. of other some 20. s. as much as they be able to make wherby the commō people are much oppressed 62. Item the Ecclesiasticall Iudges cause all the Aduocates of their courtes to be sworne that none shall retayne them of their Counsell agaynst any of them without their licence whereby oftentimes the poore man quite leeseth his right and the Kinges cause is delayed Because hys Solliciters cannot freely retayne counsell without speciall licence 63. Item they will make Inuentories of theyr gooddes which dye intestate or without making of will And will haue the possession of thēir goods as wel moueable as vnmoueable in theyr owne hands to distribute to the hetres or to whom they list 64. Item the execution also of Testamentes they take to their own hands taking inuentories of dead mens goods and keeping and disposing them to the heires after their pleasure And haue officials properly deputed for the execution therof 65. Item they will not geue credite sometimes to testamentes made before witnesse vnlesse they be first by theyr owne Officials approued After he had thus spoken the prelats required to haue time to answere therunto wherupon was appoynted for the same the Friday next ensuing On the which day the Bishop Eduen Archbishop or Senon elect in the name of the whole clergy answered for them all before the king holding his Parliament as that day at Uicenas and thus he there proposided For somuch as the Lord Peter Cugner of late propounding against the Church of Fraunce took to his Theame that is written in the 22. of Mathew Render vnto Cesar that which is Cesars and vnto God that which is Gods by which words he sayd two points were to be noted First the reuerence and subiection of the Prelates that they ought to haue to the king their soueraigne Secondly the deuision of the temporall iurisdictiō from the spirituall The which first part he proued out of the first Epistle of Peter in the second Chapter where it is written Submit your selues vnto euery creature for the Lordes sake whether it be vnto the king as vnto the superior or vnto gouernours as vnto them that are sent of him for the punishment of euill doers and for the praise of them that doe well The second poynt he proued by the wordes of our Sauiour Christ in the 22. Chap. of Luke where the Apostle sayth Lord behold here are 2. swords And he said vnto them it is enough signifying by the two swordes the two iurisdictions And in likewise out of the 17. of Math. where Christ would pay tribute for him and Peter Geuing hereby an example how that Ecclesiasticall persons were bound to pay and yeld to the temporall power the tēporalities which also is proued in the 11. quest prim cap Si tributum cap magnum And further because this is proued by mans law where it is sayd 2. great gifts are bestowed Priesthood and Empire The priesthood to rule ouer matters diuine the Empire to beare domination ouer humaine matters wherby he cōcluded that when these iurisdictions are distincted of God The one being geuen and limited to the church and the other to the temporalty That in no wise the Church ought to intermeddle or to haue any thing to do with the temporall iurisdiction For it is written in the 22. of the Prouerb You ought not to passe the old limits bounds which the forefathers haue set And well by the way be bringeth in this word olde auncient Because customes brought in to the contrary be of no force but rather are coūted abuses corruptions Neither can prescriptiō take place for that ius fisci is inprescriptible neither cā the king abrogate frō himselfe such law nor renoūce his right prouing the same by many chapters contained in the 10. Dift Wherefore seeing the king at what time he was crowned sware not onely not to alienate or infringe the lawes of his realme but also to call in such lawes as were alienated vsurped either by the Church or by any other the king was bound by his oath to reuoke the same abuses In especiall he did exhibite many articles in writing wherin as he sayd the Church did vsurpe vpon the iurisdictiō temporall To answere these premisses which conciling of the places vnder protestatiō whatsoeuer I say or shall say it is not to ground or make any finall iudgemēt or determinatiō herein but onely to informe the consciēce of our soueraigne Lord the king and
great default at prouisions commyng from Rome wherby straungers were enabled wtin this realme to enioy ecclesiastical dignities shew diuers inconueniences ensuing thereby namely the decay of daily almose the transporting of the treasure to nourish the kings enemies the discouering of the secrets of the realme the disabling and impouerishing of the clerkes within this realme They also shew how the pope had in most couert wyse graunted to two new Cardinalles wythin thys Realme and namely to Cardinall Peragotz aboue ten thousand markes of yerely taxes They therfore required the kyng and nobles to finde some remedy for that they neuer could ne would any longer beare those straunge oppressions or els to helpe them to expell out of thys realme the Popes power by force Hereupon the King Lords and commōs sent for the act made at Carliel in the 35. yere of king Edward y◠first vpon the lyke complaint thereby forbidding that any thyng shoulde be attempted or brought into the Realme whych should tend to the blemishing of the kings prerogatiue or to the preiudice of hys Lords or commons And so at thys time the statute called the acte of prouision was made by common consent whych generally forbiddeth the brynging in of any Bulles or such trinkets from the Court of Rome or the vsing enioying or allowing of any such bil processe instrument or such ware as therby at large doth appeare Whereof sufficiently is touched before pag. 353. The penalty of whych statute afterwarde followed in the next parliament An. Reg. Ed. 18. tit 32. the whych penalty was this the transgressors thereof to lie in perpetuall prison or to be foriured the land And that al iustices of assize gaile deliuery and yer and determiner may determine the same Required withall that the same act of prouision should continue for euer Item that the sayd 18. yeare of the raigne of king Edward tit 34. it was moreouer propoūded that if any archbyshop or any person religious or other doe not present wtin 4. monthes some able clerke to any dignitie where any person hath obtayned from Rome any prouision Bul c. but surcease the same that then the Kyng may present some able clerke Item propounded in the sayd Parliament an 18. Reg. Ed 3. that if any Byshop elect shall refuse to take any suche byshoprikes other then by such Bull that then such elect shal not enter ne enioy hys temporalties without his speciall licence Also that the king shall dispose all such benefices and dignities of such aliens his enemies as remain in the coūtrey of hys enemyes and employ the profites therof to the defence of the realme Moreouer propounded that commissioners be sent to all the kings portes to apprehend all such persons as shal bring in any such instrument frō Rome and to bring them forthwyth before the counsaile to answere thereto Propounded farthermore that the Deanry of Yorke which is to be recouered by iudgemēt in the kyngs court may be bestowed vpon some able man within the realme who will maintaine the same agaynst hym meanyng the Cardinall who holdeth the same by prouision frō Rome being the enemy to the king and to the realm and that the profites may be emploied to the defence of the realme The kynges aunswere To all whych petitions aunswere was made in forme followyng It is agreed by the King Earles Barons Iustices other wise men of the Realme that the petitions aforesayd be made in sufficient forme of law according to the petitions aforesayd ¶ Note in thys answere of the kyng good reader that at the graunt hereof the consent of the byshops is neyther named nor expressed with the other Lords of the Parliament and yet the Parliament standeth in hys full force notwythstanding Notes of the Parliament holden in the 20. yeare of king Edward 3. TO passe farther in the 20. yeare of the kings reigne in the Parliament holden the same yere it was propoūded that all alien Monkes should auoyde the Realme by the day of S. Michael and that theyr liuings shuld be disposed to young English scholers The liuings of these the king tooke to hys handes Item that the king may take the profites of all others strangers liuings as Cardinals and others during their liues The profites of whō were also in the kings hands That such aliens enemies as be aduanced to liuyngs here in England being in their owne countreys shomakers tailers or chamberlaines to Cardinals shuld depart before Michaelmas and theyr liuynges disposed to poore English scholers The lyuings also of these remayned in the kings handes The commons denied to pay any paiment to any cardinals lying in Fraunce to entreat of war or peace which also was graunted of the kings part as reasonable Item propounded and fully agreed that the yearely aduauncement of two thousand markes graunted by the pope to two Cardinals out of the prouinces of Canterb. and Yorke should be restrained and suche as shall pursue therfore to be out of the law Lykewise enacted and agreed that no Englysh man should take any thing in ferme of any Alien religious ne buy any of their goods nor be of theyr counsaile on payne of perpetuall imprysonment Enacted further that no person should bryng into the realme to any Byshop or other any Bul or any other letters from Rome or from any Alien vnlesse he shewe the same to the Chauncelour or warden of the Cinque ports vpon losse of all he hath Finally in the end of the said Parliament the bishops were commaunded before the next conuocation to certify into the Chancery the names of such Aliens of their benefices and the values of the same Notes of the 25. yeare of kyng Edward the third THe Parliament of the 25. yeare was begon the 6. day of February the 25. yeare of king Edwarde 3. In the which parliament beside other matters mo was propoūded that remedy might be had against the popes reseruations by which brocage and meanes the pope receiued the first fruits of all Ecclesiastical dignities A more consumption to the Realme then all the kings warres Also the like remedy myght be had against suche as in the Court of Rome presume to vndoe any iudgement geuen in the kinges courte as if they enforced to vndoe the lawes of the realme Wherunto it was answered that there was sufficient remedy prouided by law Notes of the 38. yeare of king Edward the third IN the Parliament holden at Westminster the 38. yeare of Edward 3. in the vtaues of Hillary Symon Byshop of Ely being Lorde Chauncelour it was required by the kings owne mouth declared to the whole estates How daily citations false suggestions were made to the pope for matters determinable in his courtes wtin the Realme and for procuring prouisions to Ecclesiasticall dignities to the great defacing of the ancient lawes to the spoyling of his crowne to the daily conueying away of the
his speciall maintainers As yeares and time grew on king Edward the third which had reigned nowe about 51. yeares after the decease of prince Edwarde his sonne who departed the yeare before was stroken in great age in such feblenes withall that he was vnweldy through lacke of strēgth to gouerne the affairs of the realm Wherfore a parliament being called the yeare before his death it was there put vp by the knights other the burgesses of the Parliament because of the misgouernment of the realme by certain gredy persons about the king raking all to themselues without seing any iustice done that 12. sage and discrete Lordes and Pieres such as were free from note of all auarice shuld be placed as tutours about the Kyng to haue the doing and disposing vnder him 6. at one time and in their absence 6. at an other of matters pertinent to the publike regiment Here by the way I omit to speake of Alice Perris the wicked harlot which as the story geueth had bewitched the kings hart gouerned all and sate vpon canses herself through the diuelish help of a Frier Dominick who by the duke of Lancaster was caused to be take and was conuicted should haue suffred for the same had not the Archb. of Cant. and the Friers more regarding the liberty of their Churche then the punishing of vice reclaimed hym for their own prisoner This Alice Perrys notwithstanding she was banished by this Parliament from the king yet afterward she came againe left him not til at hys death shee tooke all his rings vpon his fingers and other iewels frō him and so fled away like an harlot But thys of her by the way These 12. gouernours by the parliament aforesayd being appoynted to haue the tuition of the king to attend to the publike affaires of the realme remained for a certaine space about him till afterward it so fel out that they being againe remoued all the regiment of the realme next vnder the King was committed to the Duke of Lancaster the kings sonne For as yet Richard the sonne of prince Edward lately departed was very yong and vnder age This Duke of Lancaster had in his heart of long time conceiued a certaine displeasure against the popish clergy whether for corrupt and impure doctrine ioyned with lyke abhominable excesse of life or for what some other cause it is not precisely expressed Onely by story the cause thereof may be gessed to rise by William Wickam bishop of Winchester The matter is thys The Bishop of Winchester as the saying went then was reported to affirme that the foresaid Ihon of Gaunt duke of Lācaster was not the sonne of king Edward nor of the Quene Who being in trauel at Gaūt had no sonne as he sayd but a daughter which the same time by lying vppon of the mother in the bedde was there smothered Whereupon the Quene fearing the kings displeasure caused a certaine manchilde of a woman of Flaunders borne the very same time to be conueyed and brought vnto her in stead of her daughter aforesayde And so brought vp the child whom she bare not who now is called duke of Lancaster And this said the Bishop did the Queene tell him lying in extremes on her death bed vnder seale of confession charging hym if the sayde Duke should euer aspire to get the crowne or if the kingdome by any meanes should fall vnto hym he then should manifest the same declare it to the worlde that the sayde Duke of Lancaster was no part of the kings bloud but a false heire of the king This slaunderous report of the wicked Byshop as it sauoureth of a contumelious lie so seemeth it to proceede of a subtile zeale toward the Popes religion meaning falshoode For that the foresayd Duke by fauouring of Wickliff declared hymselfe to be a professed enemy against the Popes profession Whych thing was then not vnknowen neyther vnmarked of the Prelates and Byshops then in Englande But the sequele of the story thus followed Thys slanderous vilany of the Byshops report being blased abroad and comming to the Dukes eare he therw t being not a litle discontented as no maruell was sought againe by what meanes he coulde to be reuenged of thys forenamed Bishop In conclusion the Duke hauing now al the gouernment of the realm vnder the king his father in hys own hand so pursued the byshop of Winchester that by acte of parliament he was condemned and depriued of al his temporal goods which goods wer assigned to prince Rich. of Burdeur the next inheritour of the crowne after the king and furthermore inhibited the said bishop not to approch nere to the court by 20. miles Further as touching thys bishop the story thus procedeth Not lōg after in the yeare of our Lord. 1377. a Parliament was called by the meanes of the Duke of Lancaster vpon certaine causes respects in which parliament great request and sute was made by the cleargy for the deliueraunce of the B. of Winchester At length whē a subsidie was asked in the kyngs name of the clergy and request also made in the kings behalfe for spedy expedition to be made for the dissoluing of the parliament the Archb. therfore accordingly conuented the bishops for the tractation thereof To whō the B. with great lamentation cōplained for lack of their felow and brother B. of Wint. Whose iniury said they did derogate to the liberties of the whole church And therfore denied to ioyne themselues in tractation of any such matters before al the members together were vnited with the head And seing the matter touched them altogether in common as well him as thē would not otherwise do And seemed moreouer to be moued against the Archb. for that he was not more stout in the cause but suffered him so to be cited of the duke The Archb. although hauing sufficient cause to excuse himselfe wherefore not to send for him as also he dyd because of the perils which might ensue therof yet being enforced persuaded therunto by the importunitie of the bishops directed downe his letters to the foresaid bishop of wintch willing hym to resort vnto the conuocation of the clergy Who being glad to obey the same was receyued with great ioy of the other bishops And at length by that meanes of Alice Perris the kings paramor aboue mētioned geuing to her a good quantity of mony the sayd Winchester was restored to his temporalities againe As the Bishops had thus sent for wintch the Duke in the meane time had sent for Iohn Wickliffe who as is saide was then the diuinity reader in Oxford and had cōmenced in sondry actes and disputations contrary to the forme and teaching of the Popes church in many things who also for the same had bene depriued of his benefice as hath bene afore touched The opinions which he began in Oxford first in his lectures and sermōs to entreat of and
touched In whome as some good vertues may be noted so also some vices may seeme to be mixed withall But especially this that he starting out of the steps of hys progenitors ceased to take part with them whiche tooke part with the gospell Wherupon it so fell not by the blind wheele of fortune but by the secret hand of him which directeth all estates that as he first began to forsake that mayntayning of the Gospell of God so the Lord began to forsake him And where the protection of God beginneth to fayle there can lack no causes to be charged withall whom God once giueth ouer to mans punishmeÌ„t So that to me considering the whole life and trade of this prince among all other causes alledged in storyes agaynst him none seemeth so much to be wayed of vs or more hurtfull to hym then this forsaking of the Lord and his word Although to such as list more to be certified in other causes concurring withall many and sondry defectes in that king may appeare in storyes to the number of 33. articles alledged or forced rather agaynst him In whiche as I cannot deny but that he was worthy of much blame so to be displaced therefore from his regall seate and rightfull state of the crowne it may be thought perhaps the causes not to be so rare so material in a prince which either could or els would haue serued had not he geuen ouer before to serue the Lord and hys word chusing rather to serue the humour of the Pope and bloudy Prelates theÌ„ to further the Lords proceedings in preaching of hys word And theÌ„ as I sayd how can enemies lack wher God standeth not to friend or what cause can be so little whiche is not able inough to cast downe where the Lords arme is shortned to sustayne Wherefore it is a poynt of principall wisedome in a Prince not to forget that as he standeth alwayes in neede of God hys helping hand so alwayes he haue the discipline and feare of him before hys eyes according to the counsayle of the godly King Dauid Psal. 2. And thus much touching the time and race of this K. Richard with the tragical story of his deposing The order and maner whereof purposely I pretermit onely contented briefly to lay together a fewe speciall thinges done before his fall suche as may be sufficient in a briefe somme both to satisfie the Reader inquisitiue of suche storyes and also to forwarne other Princes to beware the lyke daungers In suche as wryte the life and Actes of this Prince thus I read of him reported that he was much inclined to the fauouring and aduancing of certayne persons about him ruled all by theyr counsell whiche were theÌ„ greatly abhorred and hated in the realme The names of whome were Rob. Ueer Erle of Oxford whoÌ„ the king had made Duke of Ireland Alexander Neuile Archbishop of York Michiel Delapoole Earle of Suffolke Robert Trisiliam Lord chiefe Iustice Nicholas Brembre with other These men being hated and disdayned of diuers of the nobles and of the commons the king also by fauouring them was lesse fauoured hymselfe In so much that the Duke of Gloucester named Thomas Woodstock the kings Uncle with the Erle of Warwicke and Earle of Darby stoode vp in armes against those counsaylors and abusers as they named them of the king In so much that the king for feare was constrayned agaynst hys minde to remoue out of his court Alexander Neuile Archb. of Yorke Iohn Foorde Byshop of Duresme Fryer Thomas Rushoke Bishop of Chichester the kinges confessor with the Lord Haringworth Lord Burnell and Bemond Lord Ueer and diuers other And furthermore in the Parliament the same yeare following Robert Trisilian the Iustice was hanged and drawne Also Nicholas Brembre Knight Iames Salisbury also and Iames Barnese both Knights Ioh. Bewchampe the kinges Steward and Iohn Blake Esquire in like maner All these by the counsayle of the Lordes beyng cast in the parliament agaynst the kyngs mind did suffer which was in the 11 of his raign he being yet vnder gouernours but consequently after the same the king clayming his own liberty being come to the age of 20. began to take more vpon him And this was one thinge that stirred vp the kinges stomacke agaynst the Nobles Ex Chron. Alban 2. An other thing that styred hym vp as much against the Londiners was this for that he would haue borowed of them a M. pound and they denied him to their double triple disauantage as after ensued vpon it Ibidem An other occasion besides this betwene the king and the Londoners happened thus by reason of one of the Byshop of Salisburies seruauntes named Roman and a Bakers man who then carying a basket of horsebread in Fletstreet the foresayd Roman tooke a horselose out of the basket The Baker asking why he did so the Byshops lusty yeomcu turned backe agayne and brake his head whereupon the neighbors came out and would haue arested this Roman but he escaped away vnto the Byshops house Then the Constable would haue had him out but the Bishops men shut fast the gates that they shoulde not approche Thus much people gathered together threatning to brust open the gates and fire the house vnlesse they had the foresayd party to them brought out Wherby much adoe there was till at length the Mayor and Sheriffes came and quieted the rage of the commons sent euery man home to his house charging theÌ„ to keepe peace Here as yet was no great harme done but if the bishoppe for his part had beene quyet and had not styrred the coles of debate which were well slaked already all had bene ended without further perturbation But thâ— stomacke of the Byshop not yet digested although hys mâ—n had done the wrong hauing no great cause so to do whose name was Iohn Waltam being then Treasourer of England went to Thomas Arundell archbish the same time of Yorke and Lord Chauncellour of England to complayne of the Londoners Where is to be noted or rather reueled by the way a priuy mistery which although be not in this story touched of the writers yet it touched the hartes of the bishops not a little For the Londoners at that time were notoriously knowne to be fauourers of wickliffes side as partly before this is to be seene and in the story of S. Albones more playnly doth appeare where the author of the sayd history writing vpon the 15. yeare of King Richardes raygne reporteth in these wordes of the Londoners that they were Male creduli in deum traditiones auitas Lollardorum sustentatores religiosoruÌ„ detractores de cimaruÌ„ deteÌ„tores coÌ„munis vulgi depauperatores c. that is not right beleuers in God nor in the traditions of their forefathers susteyters of the Lollardes deprauers of religious men withholders of tythes and impouerishers of the common people c. Thus the Londoners being noted and
1 ioyneth with the Archb. Agreement betweene the Archb. and Monkes of Cant. vpon what conditions Conditions of peace coÌ„cluded Ex libr. anoâ—imo ex hist. Geruaiij Mo â—achi Canâ—queriensis Arcb. of Cant. purchaseth of the B. of Rochester laÌ„d in Lambeth to builde his house vpon Baldewin archbishop of Cant. buildeth his house at Lambeth Three things to be obserued in this story of Canterbury Monkes aboue rehearsed Hypocrisie in Monkery Kinges made slaues vnder the Pope No concord not vnitie in Popish Churches Examples prouing what discord and how little vnitie is in the Popes Church Ex Math. Paris No vnitie in the popes Church Conclusions of the Friers condemned for erroneous by the Prelates of Paris Ex Mat. Paris sol 167. Contention betweene Friers aboâ—t the conception of our Ladie Continuall variaunce in the Popes church Anno. 1190. King Richard taketh his iourney toward the land of Hierusalem The oth of fidelitie betweene Philip second French king and king Richard the first going to the holy laÌ„d Discipline and orders set by king Richard for malefactors The French king 〈◊〉 Rich. 〈◊〉 to Lyons K. Richard commeth â—â— Marsilia K. Richard complained of the filthe Symony of the Popes Court. K. Richard departeth from Maâ—â—â—lia The kyngs ships arâ—e at Messana The comming of 〈◊〉 Richard tâ— Messana The French king 〈◊〉 in Messana The French king driue backe again by the wyâ— to Messanâ— K. Richard obtaineth his sister Ioan queâ—â— sometime â—â— Scicilia to 〈◊〉 sent vnto him K. â—ichard getteth the monastery of Grâ—â—â—â— Discord betweene the Citizens Messana of the Engliâ—â— armie The king â—oulde not â—tay the rage of the people Communication about peace amoÌ„g the kings A skirmish betweene the Citizens of Messana the Englishmen The French Kyng a bearer with straungers against the English men English men wâ—ane the City of Messana in Sicilia English armes set vp at Messana The league renued betweene K. Richard and the French king Peace coÌ„cluded betwene K. Richard Tancrede K. of Sicilia Fredericke 1. Emperour with his sonne Conrade come vp toward the siege of Achon Fredericke the Emperor drowned in a riuer going to the siege of Achon A miserable famine in the siege of Achon Gods prouideÌ„ce in time of need The siege of AAchon Ignis Graecus much vsed of the Saracens K. Richard conferreth with Ioachim Abbot about the comming of Antichrist Abbas Ioachim condemned in the councell of Laterane by Innocent 3. Henricus sonne of Fredericke standeth to be Emperour Pope Clement dyeth Celestinas 3. Pope Anno. 1191. The bountifull liberalitie of king Richard King Richard remoueth from Messana and commeth to Cathneys The honorable intertainment of king Richard by king Tancredus Philip the freÌ„ch king trayterously seeketh the destruction of K. Richard by secret letters sent to the king of Sicilia A faithfull part of Tancredus kyng of Sicilia toward kyng Richard The first occasion of discord betweene the French king and king Richard K. Richard chargeth the French king with falsehood The FreÌ„ch king quarelleth with L. Richard about marying his sister Causes alledged why K. Richard could not marry with the French kinges sister Agreement betweene the two kinges with the conditions touching the same The French king commeth to Achon Berengaria or as some do call her Bernegera daughter to the king of Nauarre brought to be maried to kyng Richard by his mother Alinor Pope Celestinus 3. Conditions required of Henricus K. of Almanes before he should be made Emperour by the Pope The Pope of Rome in the ful toppe of his pride Pope Celestine croâ—neth Herâ—cus the emperour was his seete The Pope striketh is the Emperours 〈◊〉 with his foote K. Richard moueth his Messana 〈◊〉 Achon K. Richard ouertaken with a â—â—â—pest in the Seas going to Achon Isakiuâ— king of Cyprus 〈◊〉 cruell enemy to Englishe men K. Richard maketh sure to the king of Cyprus for his souldiours in captiuitie The disâ—â—â— full 〈◊〉 answere of Isakius to K. Richard K. Richard exhorteth his men to fight against Isakius K. Richard setteth vpon Isakius 〈◊〉 of Cyprus The battaile betwene the Emperour of Cyprus and K. Rich. Isakius Emperour of the GriffoÌ„s put to flight The towne of Lymezâ—â— taken by king Rich. The king of Cyprus againe put to flight K. Richard marrieth Bernegera daughter of the king of Nauarie in the Isle of Cyprus Isakius king of Cyprus yeldeth himselfe to king Richard The king of Cyprus breaketh conditions with kyng Richard King of Cyprus againe submitteth himselfe and was kept in golden fetters K. Rich. taketh his iourney to Achon A thousand fiue hundreth Saracens sent to the rescue of Achon vanquished on the sea by K. Richard The Citie of Achon yelded to the Christians An honest part of a secret Christian in the citie of AchoÌ„ The forme of peace concluded betweene the Kings and the Princes of Achon Couenaunces made in giuing vp the citie of Achon Religion would be taught and not coacted The two kinges deuide the citie of Achon with all the spoyle therof betwene themselues CoÌ„monly seene who so taketh most paynes their part to be the least Many of the Christian soldidiours for neede were constrayned to depart from Achon K. Richard requireth of the French kyng to remaine three yeares with his army but hee would not Christian captiues slai◠〈◊〉 the Saladine The Saracen captiues slaine by k. Richard Saladine put to flight A noble victory by Gods power gotten by Kyng Rich against the Saracens K. Richard in possession of Syria The storie of William the proude Byshop of Ely Vt iustè iudicarent â—lerum populum verba hist. Foure chiefe Iustices with two Byshops appointed ouerseers of the Realme in the kings absence William Longchamp B. of Ely Lord Chauncelour and the popes Legat. The church and belles of Yorke suspended because the Lord Legate was not set in with procession Bysh. of Ely getteth the caâ—tel of Wyndsore from the b. of DurhaÌ„ Hugo Bishop of Durham vexed by W. Bishop of Ely The exceâ—siue pride and enoâ—â—â—ties of Wâ—â—shop of Eâ—â— Byshop of Ely neuer rode vnder a 1500 horse His 〈◊〉 His vsâ—ry His riotous and dâ—licate life The Bishop of Ely playeth both king priest 〈◊〉 Bish. of Ely garded with French men Fleâ—mings Anno. 1191. A generall complaint to the K. of W. Bish. of Ely Of these foure associates read the page before s Another dissention betweene Iohn the kings brother William Bish. of Ely Another broyle betweene the Chauncelor and Geffray Archbish. of Yorke the kings brother The cruell handling of Geffray Archbish. of Yorke by the B. of Ely the Popes â—egate and Chaunceler of England Geffray Archb. of Yorke deliuered out of prisoÌ„ by coÌ„mandement of Earle Iohn his brother A skirmish betweene the seruants of the B. of Ely and the seruants of Earle Iohn The nobles assembled in counsell against the B. of Ely The B. of Ely Chauncelour of the realme and Legate deposed The B. of Ely resigneth
vsurpe them so falsely and obtrud them vpon vs so straitly Moreouer if the sayd our aduersaries being conuicted by plaine euidence of hystorye and example of time will yeld vnto vs as they must needes in part and not in the whole let vs come then to the particulars and see what part of this regalitie they wil defend and deriue from the auncient custome of the Primitiue Church that is from the first fyue hundred yeares I meane after Christ. First in the Coōcell of Nyce which was the yeare of our Lord. 340. and in the .vj. Canon of the sayd Councell we finde it so decreed that in euery prouince or precinct of some one Church and Byshop of the same was appointed and set vp to haue the inspection and regiment of other churches about him Secundum morem antiquum that is after the ancient custome as the wordes of the Councell do purport so that the Byshop of Alexandria shoulde haue power of Lybia Pentapolis in Egypt for as much as the Byshop of the Cytie of Rome hath the like or same maner And in like sort also in Antioch in other countreyes let euery Church haue his due honor consequently that the Bishop of Ierusalem haue also his due honor to him reserued so that such order be kept that the Metropolitane Cities be not defrauded of their dignitie which to them is due and proper c. In this Councell and in the same Canon vj. and vij where the Byshops of Alexandria of Rome and of Antioch are ioyned together in on like maner of dignity fyrst there appeareth no difference of honor to be ment therin Secondlye for somuch as in the sayde two Canons after mention made of them immediately followeth that no Byshops should be made without consent of their Metropolitanes yea and that the City also of Hierusalem should be vnder hys Metropolitane and that the Metropolitane should haue the ful power to confirme euery Byshop made in his prouince Therfore it may be well suspected that the third Epistle decretall of Pope Anacletus and of Pope Stephanus with other mo are forged wherin these Byshops and especially the Byshop of Rome is exempted and desceuered from the name of a Metropolitane or an Archbyshop to the name of a Patriarch or Primate as appeareth in the decrees dist 22. cap. Sacro sancta wherefore as wee must needes graunt the Byshop of Rome to be called a Metropolitane or an Archbyshop by the Councell of Nice so we will not greatly sticke in this also to haue him numbred with Patriarches or primates which title seemeth in the old tyme to be common to mo Cities then to Rome both by the Epistle of Anacletus of Pope Stephanus of Pope Iulius and Leo c. After this followed a generall Councell in Aphricke called the vj. Councell of Carthage an 420. where were congregated 217. Byshops among whom was also Augustinus Prosper Orosius with diuers other famous persons This Councell continued the space of v. yeares wherein was great contention about the supremacie and iurisdiction of Rome The Byshop wherof then was Zosimus This Zosimus the Romane Bishop had receaued the same time into the communion of the church without any examination one that came to complaine to him out of Aprike named Apiarius a Priest whom Aurelius the Metropolitane with the Councell of Aphrike had worthelye excommunicated for his detestable conditions before Uppon this Zosimus after that hee hadde receaued and shewed such fauor to Apiarius for that he did appele to him sendeth to the Councell his messengers to wit Fastinus Byshop of Potentine and two Priestes of the Churche of Rome named Philippus and Asellus with these foure requestes first that Apiarius whom he had absolued might be receaued of them againe and that it might be lawful for Byshops or Priestes to appeale from the sentence of their Metropolites also of the Counsell to the sea of Rome Secondly that Byshops should not saile ouer importunely ad comitatum Thirdly that if any Priest or Deacon were wrongfully excommunicate by the Byshops of their owne prouince it should be lawfull for thē to remooue the hearing and iudgeing of their cause to their neighbour bishops Forthly that Vrbanus there Byshop either should be excommunicated or els sent vp to Rome vnlesse he would correct those things that were to be corrected c. For the approbation whereof the sayde Zosimus alledged for him the words as he pretended taken out of Nicene Councell The Councell of Carthage hearyng this and remembring no such thing in the Councell of Nice to bee decred yet not suspecting the Byshop of Rome to dare wrongfully to falsefie the wordes of that Councell writeth againe to Zosimus declaring that they neuer reade to their remembraunce in their common Latine exemplare of Nicene Councell any such Canon yet notwithstanding for quietnes sake they woulde obserue the same tyll time they might procure the originall copies of that councell to be sent to them from Constantinople Alexandria and from Antioch In like effect afterward they wrote to Pope Boniface which then succeded Zosimus And thirdly also to Celestinus which shortly after succeeded Boniface In the meane time this foresayd Councell sent their Legates Marcellus and Innocentius to Atticus Patriarche of Constantinople and to Cyrillus Patriarch of Alexandria for the autentique copies in Greeke of Nicene Councell which being sent vnto them they finding in the true originals no such Canon as the Bishoppe of Rome had falsely forged they wrote a sharpe an handsome letter to Celestinus Byshop of Rome calling him in the said letter by the way Domine frater declaring to him how they had perused all the copies of the Councell of Nice coulde finde no such Canon as he and his predecessours had falsely alledged and therewithall reciting the vj. Canon afore mentioned declared how the decrees of Nicene Councell had committed all and singular persons Ecclesiasticall as well Byshops as other vnto the charge of their Metropolitanes Moreouer expounding the same decree they shewed the reasons thereof 1. For that sayd they the fathers of that councell did well foresee to be most iust and conuenient that all controuersies there be ended in ijsdem locis where they begin 2. For that it is not to be supposed contrary but that the grace of God wil be as prest and ready in one prouince as in other to instruct his ministers both prudētly to vnderstand iudgement and constantly to mayntayne the same 3. For that there is no need to seeke further to any outlandish helpe because especially that the party whosoeuer is not contented with the determination of his iudges or commissioners may lawfully appeale either to the prouincial or to any generall counsell 4. That way to be better then to runne to any forranine Iudge it must needes be graunted because it is not like that our God will inspire his iustice and truth of
same time in battail Of Gallus and Volusianus his sōne Emperours after Decius both slaine by conspiracie of Aemilianus who rose against them both in warre and within three monthes after was slaine himselfe Next to Aemilianus succeded Valerianus and Galianus his sonne of whome Valerianus who was a persecuter of the Christians was taken prisoner of the Persians and there made a ridyng foole of Sapores their king who vsed him for a stoole to leap vp vpon his horse while his sonne Galienus sleepyng at Rome either would not or could not once proferre to reuenge his fathers ignominie For after the taking of Valerian so many Emperors rose vp as were prouinces in the Romaine Monarch At length Galienus also was killed by Aureolus which warred against him It were too long here to speake of Aurelianus an other persecuter slain of his Secretarie Of Tacitus and Florinus his brother of whom the first raigned 6. months and was slaine at Pontus the other raigned two months and was murdred at Tarsis Of Probus who although a good ciuill Emperour yet was he destroied by his souldiers After whom Carus the next emperour was slaine by lightning Next to Carus followed the impious and wicked persecuter Dioclesian with his fellowes Maximian Galerius Maximinus Maxentius and Licinius vnder whom all at one time during the life of Dioclesian the greatest and most grieuous persecution was mooued against the Christians x. yeares together Of which Dioclesian and Maximinian deposed themselues frō the Empire Galerius the chiefest minister of the persecution after his terrible persecutions fell into a wonderfull sicknesse hauing such a sore risen in the neather part of his belly which consumed his priuie members and so did swarme with wormes that being not curable neither by Surgerie nor Phisike he confessed that it happened for his crueltie toward the Christians and so called in his proclamations against them Notwithstanding he not able to sustain as some say the stench of his sore slue himselfe Maximinus in his warre being tormented with payne in his guttes there died Maxentius was vanquished by Constantine and drouned in Tiber. Licinius likewise beyng ouercome by the said Constantine the great was deposed from his Empire and afterward slaine of his souldiours But on the other side after the tyme of Constantine when as the fayth of Christ was receiued into Imperiall seate we read of no Emperour ofter the like sort destroied or molested except it were Iulianus or Basilius which expelled one Zeno was afterward expelled himselfe or Valende besides these we read of no Emperour to come to ruine as the other before mentioned Ex lib hist. tripart And thus haue we in a briefe summe collected out of the Chronicles the vnquiet and miserable state of the Emperours of Rome vntill the tyme of Christian Constantine with the examples no lesse terrible then manifest of Gods seuere iustice vpon them for their contemptuous refusing and persecuting the faith and name of Christ their Lord. Moreouer in much like sort and condition if leisure of tyme or haste of matter would suffer me a little to digresse vnto more lower tymes and to come more nere home the like examples I could also inferre of this our countrey of England concerning the terrible plagues of God against the churlish and vnthankfull refusing or abusing the benefite of his truth First we read how that God stirred vp Gildas to preach to the old Britains and to exhort thē vnto repentance and amendment of life and afore to warne thē of plagues to come if they repented not What auayled it Gildas was laughed to scorne and taken for a false prophet and a malicious preacher the Britains with lusty courages whorish faces and vnrepentant hartes went forth to sinne and to offend the Lord their God What followed God sent in their enemies on euery side destroied them and gaue the land to other nations Not many yeres past God seing idolatry superstition hipocrisie and wicked liuing vsed in this Realme raysed vp that godly learned man Iohn Wickliffe to preach vnto our fathers repentance and to exhort them to amend their liues to forsake their Papistry Idolatry their hypocrisy superstition and to walke in the feare of God His exhortations were not regarded He with his Sermons was despised His bookes and he himself after his death were burnt what followed they slue their right king and set vp three wrong kings on a rowe vnder whom all the noble bloud was slaine vp halfe the commons thereto what in Fraunce with their own sword in fighting among themselues for the crowne and the Cities and townes decayed and the land brought halfe to a wildernes in respect of that it was before O extreme plagues of Gods vengeance Since that tyme euen of late yeares God once againe hauing pitie of this realm of England raised vp his prophets namely William Tindall Thomas Bilney Iohn Frith Doctor Barnes Ierome Garret Anthonie Person with diuers other which both with their writings and sermons earnestly laboured to call vs vnto repentaunce that by this meanes the fierce wrath of God might be turned away from vs. But how were they intreated how were their painfull labours regarded they themselues were condemned and burnt as heretikes and their bookes condemned and burnt as heretical The time shall come saith Christ that whosoeuer killeth you will thinke that he doth God hie good seruice Whether any thing since that tyme hath so chaunced this Realme worthy the name of a plague let the godly wise iudge If God hath deferred his punishment or forgeuē vs these our wicked deedes as I trust he hath let vs not therfore be proud and hie minded but most humbly thanke him for his tender mercies and beware of the like vngodly enterprises hereafter Neither is it here any neede to speake of these our lower and latter tymes which haue ben in king Henry and king Edwards dayes seeing the memory thereof is yet fresh and cannot be forgotten But let this passe of this I am sure that God yet once againe is come on visitation to this church of England yea and that more louingly beneficially then euer he did afore For in this his visitation he hath redressed many abuses and cleansed his church of much vngodlines and superstition and made it a glorious Church if it be compared to the olde forme and state And now how gratefull receiuers we be with what hart study and reuerence we embrace that which he hath giuen that I referre either to thē that see our fruits or to the sequele which peraduenture will declare But this by the way of digression Now to regresse againe to the state of the first former tymes It remaineth that as I haue set foorth the iustice of God vpon these Romain persecutors so now we declare their persecutions raised vp against the people and seruauntes of Christ within the space of 300. yeares after Christ. Which persecutions in
Tyber which Getulus with Cerealis Amantius and Primitiuus by the commaundement of Adria were condemned to the fire wherein they were Martyred and put to death The names moreour of the seuen sonnes of this Symphorosa I finde to be Crescens Iulianus Nemesius Primitiuus Iustinus Statteus and Eugenius whom the Chronicle of Ado declareth to be put to death at the commaundement of Hadrian being fastened to vij stakes and so racked vp wyth a pulley and at last were thrust through Crescens in the necke Iulianus in the brest Nemesius in the hart Primitiuus about the nauell Iustinus cut in euery ioynte of his bodye Stateus run through with speares Eugenius cut a sonder frō the brest to the lower partes and then cast into a deepe pyt hauyng the name by the Idolatrous Priestes intituled Ad septem Biothanatos After the martirdome of whō also Symphorosa the mother did likewise suffer as is before declared Under the sayd Antoninus Verus and in the same persecution which raged not in Rome and Asia onely but in other countryes also suffered the glorious most cōstant Martirs of Lyons and Uienna two Cities in Fraunce gyuing to Christ a glorious testimony to all Christian men a spectacle or example of singular constancie and fortitude in Christ our sauiour The history of whom because it is written and set forth by their owne Churches where they did suffer mentioned in Euseb. Lib. 5. cap. 2. I thought here to expresse the same in the forme and effecte of their owne wordes as there is to be seene The title of which their Epistle written to the brethren of Asia and Phrigia thus beginneth * The seruauntes of Christ inhabiting the Cities of Vienna and Lyons to the brethren in Asia and Phrigia hauing the same faith and hope of redemption with vs peace and grace and glory from God the father and from Iesus Christ our Lorde THe greatnes of this our tribulation the furious rage of the Gentiles against vs the tormentes which the blessed martyrs suffered neither can we in wordes nor yet in writing exactly as they deserue set forth For the aduersary with all his force gaue his endeuor to the working of such preparatiues as he himselfe listed against his tyrannous comming in euery place practised he and instructed his ministers how in most spitefull maner to set them against the seruauntes of God so that not onely in our houses shoppes and markets we were restrained but also were vniuersally cōmaunded that none so hardy should be sene in any place But God hath alwaies mercy in store and tooke out of their hands such as were weake amongst them and other some did he set vp as firme and immoueable pillers which by sufferance were able to abide all violent force and valiantly to withstand the enimie induring all their opprobrious punishment they could deuise to cōclude they fought this battell for that intent to come vnto Christ esteming their great troubles but as light therby shewing that al that may be suffered in this present life is not able to counteruayle the great glorye which shall be shewed vpō vs after this life And first they patiently suffered whatsouer the multitude of frantike people running vpon head did vnto them as railings scourgings drawynges and hailings flynging of stones imprisoninges what other thing soeuer the rage of the multitude are wōt to vse and practise against their professed enimies Then afterwarde they being led into the marked place and there iudged of the Captayne and rest of the Potentates of the Citie after their confession made openly before the multitude were commaunded againe to prisō vntil the returne of their chiefe gouernor After this they being brought before him and he vsing all extremity that possibly he might against them One Vetius Epagathus one of the brethren replenished with feruent zeale both towards god and his brethren whose conuersation although he were a young man was counted as perfect as was the life of Zachary the Priest for he walked diligently in al the commaundements and iustifications of the Lord and in all obedience towards his brethren blamles he hauing within him the feruent zeale of loue and spirit of god could not suffer that wicked iudgement which was giuen vpon the Christians but being vehemently displeased desired that the Iudge woulde heare the excuse which he was minded to make in the behalfe of the christians in whom saith he is no impietie founde But the people cryed againe to those that were assistentes with the chiefe Iustice that it might not be so for indede he was a noble man borne neither did the Iustice graunt him his lawfull request but onely asked him whether he himselfe were a Christian or not And he immediatly with a loude and boulde voice aunswered and sayde I am a Christian. And thus was he receiued into the felowship of the martirs and called the aduocate of the Christians And he hauing the spirite of God more plentifully in time then had Zachary the abundaunce thereof he declared in that he gaue his life in the defence of his brethren being a true disciple of Christ following the Lamb whersoeuer he goeth By this mans example the rest of the Martirs were the more animated to martirdome and made more ioious with al courage of mind to accomplish the same Some other there were vnready and not so well prepared and as yet weak not well able to beare the vehemency of so great conflict of whom x. there were in number that faynted ministring to vs much heauines lamentation Who by their example caused the rest which were not yet apprehēded to be lesse willing thereunto Then were we all for the variablenes of confession not a litle astonied not that we feared the punishment intended against vs but rather as hauing respect to the ende and fearing least any shoulde fal Euery day there were apprehended such as were worthy to fulful the number of them which were fallen In so much that of two churches such as were chiefest which were the principall gouernors of our Churches were apprehended With these also certeine of the Ethnicks being our men seruaunts were apprehended for so the gouernour commaunded that all of vs ingenerall without any respect should be taken which seruants being ouercome by Sathan and fearing the torments which they saw the Saintes doe suffer being also compelled thereunto by the meanes of the souldiers fained against vs that we kept the feastinges of Thiestes and incest of Oedipus and many such other crimes which are neither to be remembred nor named of vs nor yet to bee thought that euer any man would commit the like These things being now bruted abroad euery man began to shewe crueltie against vs insomuch that those which before for familiarities sake were more gentle toward vs now vehemently disdained vs and waxed mad against vs. And thus was now fulfilled that which was spoken by Christ saying the time will come
returned into england Of whose sodain comming Canutus being vnprouided fled to Sandwich And there cutting of the noses and handes of the pledges which his father left with him sayled into Denmarke who the next yere returned againe with a great nauy and landed in the South country Wherfore the eldest sonne of king Egelrede called Edmond Ironside made prouision with the ayd of Edrike Duke of Mercia to meet him But Edrike fayning himselfe sicke came not but deceiued him For as it was after proued Edrike had promised his allegeance to Canutus By reason wherof Canutus entred the country of Westsaxon forced the people to be sworn vnto him and to geue him pledges In this season king Egelred being at london was taken with great sickenes there dyed and was buried in the Northside of Paules church behind the quire after he had raigned vnprosperously 36. yeares leauing after him his sayd eldest sonne Edmond Ironside and Alphred and Edward which were in Normandy sent thither before as is aboue rehersed This Egelred although he was miserably impugned and vexed of his enemies yet he with his counsail gaue forth wholsome lawes Whereof this is one parcell conteinyng good rules and lessons for all Iudges and Iustices to learne and follow OMnis ludex iustus misericordiam iudicium liberet in omnibus vt inprimis per rectam scientiam dicat emendationeÌ„ secundum culpam eam tamen admensuret propter indulgentiam Quaedam culpae reputantur à bonis iudicibus secunduÌ„ rectum emendandae Quaedam per Dei misericordiam condonaÌ„dae Iudicia debent esse sine omni haderunga quod non parcatur diuiti alicui vel egeno amico vel-inimico ius publicum recitari Nihil autem iniustius est quà m susceptio muneruÌ„ pro iudicio subuertendo Quia munera excaecant corda sapientum subuertunt verba iustorum Dominus Iesus dixit In quo iudicio iudicaueritis iudicabimini Timeat omnis iudex ac diligat Deum iudicem suum ne in die iudioij mutus fiat humiliatus ante oculos iudicis cuncta videntis Qui innocentem opprimit dimittit noxium pro pecunia vel amicitia vel odio vel quacunque factione opprimetur ab omnipotente iudice Et nullus Dominus nulla potestas stultos aut improbos iudices constituaÌ„t quia stultus per ignauiam improbus per cupiditatem vitat quam didicit veritatem Grauiùs enim laceraÌ„tur pauperes à prauis iudicibus quà m à cruentis hostibus Nullus hostis acerbior nulla pestis efficacior quà m familiaris inimicus Potest aliquoties homo fuga vel defensione vitare prauos inimicos Non ita possunt iudices quoties aduersus subditos malis desiderijs inflammantur Saepe etiam boni iudices habent malos vicarios ministros nephaÌ„dos quorum reatibus ipsi domini constringuntur si non â—os coerceant à rapacitate cohibeant Quia dominus minister seculorum ait Non solùm malè agentes sed omnes consentientes digni sunt aeterna morte Saepe etiam praui iudices iudicium peâ—uertunt vel respectant non finiunt causam donec voluntas eorum impleatur Et quando iudicant non opera sed munera considerant Impij iudices iuxta verbum sapientum sicut rapaces lupi vespere nil residuant vsque mane id est de praesenti solum vita cogitant de futura nihil considerant Malorum praepositorum mos est vt quicquid possunt auferant vix necessarium parum quid relinquant sustentationi Iracundus iudex non potest attendere rectam iudicij satisfactionem Nam per furoris excoecationem non perspicit rectitudinis claritatem Iustum iudicium vbi non persona consideratur Scriptum est Non attendas personam hominis in iudicio nec pro aliquo facies vt à vero declines iniustè iudices Susceptio muneris est dimissio veritatis Ex historia bibliothecae Iornal Of this king Egelred I find noted in the booke of Rog. Houed that he deposed and depriued from all possessions a certayne Iudge or Iusticer named Walgeatus the sonne of one Leonet for false iudgemeÌ„t and other proud doings whom notwithstanding he loued aboue all other Edmund Ironside a Saxon and Canutus a Dane Kings together in England AFter the death of Egelred variaunce fell betwene the Englishmen for the election of their king For the citizens of London with certayne other Lordes named Edwyne the eldest sonne of Egelred a yong man of lusty and valiant courage in martial adueÌ„tures both hardy wise and could very well endure all paynes Wherfore he was surnamed Irenside But the more of the Lordes fauoured Canutus the sonne of Swanus especially the Abbots Bishoppes and men of the spiritualtye which before had sworne to his father By meanes whereof betwene these two martial princes were fought many great battels first in Dorsetshyre where Canutus was compelled to flie the field And after that they fought an other battayle in Worcetershire so sore that none could tell who had the better but either for wearines or for lacke of day they departed one from the other and on the next morow fought againe but then Canutus was compelled to forsake the field After this they met in Mercia there fought agayne where Edmond as storyes say by the treason of that false Edrick Duke of Mercia whom he before had receiued to sauour had the worse Thus many great conflicts there were betwene these 2. princes But vpon a season when the hosts were redy to ioyne and a certayne time of truce taken before battayle a knight of the party of Edmond stode vp vpon a high place and sayd these wordes Daylye we dye and none hath the uictorye And when the knightes be dead on either part then the Dukes compelled by need shall accord or els they must fight alone And this kingdome is now sufficient for 2. men whiche some time sufficed 7. But if the couetousnesse of Lordship in these twayne be so great that neither can be content to take part and liue by the other nor the one vnder the other then let them fight alone that will be Lordes alone If all men fight still at the last all men shall be slayne and none left to be vnder their Lordship nor able to defend the king that shall be agaynst straunge enemies and natioÌ„s These wordes were so well allowed of both the hostes and Princes that both were content to try the quarrel betwene theÌ„ two onely Then the place time was appointed where they â—oth met in sight of both hoastes And wheÌ„ either had assayd other with sharpe swordes and strokes first by the motion of Canutus as some write hastelye they were both agreed and kissed each other to the comfort of both hostes And shortly after they agreed vpon particion of the land after that during theyr lines they loued as
Oxforde aboue mentioned where the king kept his Courte Symon Langton Archbishop of Canterbury held a Councell where was condemned and burned a certayne Deacon as Nic. Triuet sayth for apostasie Also an other rude country man who had crucified him selfe superstitiously bare about the woundes in his feete handes was condemned to be closed vp perpetually wtin walles Ex Nic. Triuet About which yeare also AlexaÌ„der kyng of the Scots maryed Iohanne sister to king Henry Not long after began the new building of the minster of Salisbury Whereat Pandulphus the Popes Legate layd the fiue first stones One for the Pope suche was the fortune of that Churche to haue the Popes stone in hys foundation the second for the yong king Henry the third for the good Earle of Salisbury The fourth for the Counties The fift for the Byshop of Salisbury c. Which was about the same yeare aboue mentioned an 1221. Ex Chron. Do. Sal. In the same yeare about S. Iames tyde fell a dissention betwene the Citizens of London men of Westminster the occasioÌ„ wherof was this A certein game betwene these two parties was appoynted to try whether parte in wrastling could ouercome the other Thus in striuing for maistry ech part contending agaynst the other as the maner is in such pastime it happened the LoÌ„diners to get the uictory and the other side was put to foyle but especially the stuard of the Abbot of Westminster Who beyng not a litle confounded therwith begaÌ„ to forethinke in his minde how to be reuenged agayne of the Londiners WherupoÌ„ an other day was set which was at LaÌ„mas that the LoÌ„diners should come agayn to wrastle and who so had the victory should haue the belweather which was the price of the game appointed As the parties were thus occupied in their play the stuard sodenly bringeth vpon the Londiners vnwares a company of haruest meÌ„ prepared for the same before letteth driue at the Londiners Who at length beyng wounded and greeuously hurt after much bloudshed were driuen backe agayne into the Citie This contumely thus beyng receaued the Citizens egerly stroken with ire and impacience ran to the common vell and by that ringing therof assembled their commons together to consult with themselues what was to be done in the case so contumelious wherin when diuers sentences were giuen diuersly Serle the same tyme Maior of London a wise discrete man gaue this counsaile that the Abbot of Westminster should be talked withal who if he would rectifie the iniurie done and satisfie for the harme receiued it should be to them sufficient But contrary onâ— Constantine a great maÌ„ then in the Little of London in much heat exciting that people gaue this sentence that all the houses of the Abbot of Westminster but especially the house of the steward shold be cast downe to the ground In fine that which he so vnaduisedly counsailed was as madly performed for the furious people according to his couÌ„saile so did This tumultuous outrage as it coulde not be priuye comming to the knowledge of Hubert de Burgo Lord chief iustice of england aboue mentioned he comming with a sufficient streÌ„gth of armed souldiours to the City of London seÌ„t to the Maior Aldermen of the city to will them to come vnto him Who so obeying his commaundement required of theÌ„ the principall beginners of the ryot To whome Constantine there being present answered that he woulde a warrant that which was done sorrowing moreouer that they had not done more then they did in that matter The iustice vpon the same his confession commaunded him with 2. other wtout any further tumult to be taken And so with the same two was haÌ„ged offering for his life xv thousand markes c. The sayd Hubert Erle of Kent Lord chiefe iustice although he was a faythfull trusty officer to hys prince had the whole guiding of the realme in his own hands the king as yet beyng in hys minoritie yet afterwarde what indignation he sustained for this his seueritâ—e and other thinges both of the nobles of the commons how sharpely he was tossed and trounsed of hys prince woÌ„der it is to see as in his due place time by the Lords leaue hereafter shall appeare Haec'ex Mat. Parisiens And for somuch as meÌ„tion hath bene made of the wraÌ„gling betwene the coÌ„moners of LondoÌ„ of Westminster both time occasion bringeth me in remembraunce somthing to speake likewise of the Ecclesiasticall conflictes among churchmeÌ„ nothing inferiour in my minde nor lesse worthy to be noted then the other For so I read in Mat. Parisiens and in Flor histor that at what time this wrasfling was among the Citizens for the sheep the like conteÌ„tion kindled flamed betweene Eustace Byshop of London the chapter of Paules on the one side the Abbot of Westminster with his Couent on the other side about spirituall iurisdiction subiectioÌ„ to wit whether the monastery of Westminster were exempted from the subiection iurisdiction of the B. of LondoÌ„ or not Which controuersie at last coÌ„ming into comprimis was coÌ„mitted to the arbitrement of Stephen Archb. of Canterbury Phillip Bishop of Wintchester Thomas of Merton Richard prior of Dunstable And at length was thus agreed that the monastery of Westminster should be vtterly exempted froÌ„ the iurisdiction of the bishop of London And that Stanes with the appurtenaunce therto belonging should appertayn to the Monastery of Westminster Also that the Manure of Sunnebury should be due proper to the Church of S. Paule and also the Church of S. Margarite with all the landes belonging to the same to be exempted from all other iurisdiction but onely to the Bishop of Rome And so was this matter decided an 1222. Ibidem Floro histor The same yeare as writeth Mat Parisiens horrible tempestes with such thrundring lightning whirlewindes went through all the land that muche harme was done Churches steeples towers houses diuers trees with the violeÌ„ce of winds were blown vp by the rootes In Warwickeshyre a certeine wife with eight other in her house were slayne In Grantham the Church was set on fire by lightning most terrible with suche a stincke left there behinde that no man could after a long tyme abide it The author addeth that manifest markes of the tempest did remayne long after in that Monastery to be seene Some also write that firie Dracons and spirites were seene then flying in the ayre An. 1223. Phillip the French king dyed after whoÌ„ hys sonne Ludouicke succeeded in the crown To whom kyng Henry seÌ„ding his message and desiring him to remember his promise and couenaunt made in rendring agayne the landes lost in Normandy coulde obtayne nothing at hys hands WhereupoÌ„ Richard Earle of Cornewale also William the kinges vncle Earl of Salisbury with diuers other nobles made ouer into Fraunce where they
it is manifest that he defiled by adultery her first husband yet liuing she beyng worthy to haue the promise of mariage kept vnto her Therefore because that whiche is done agaynst the Lord turneth to the wrong of all men and specially in so great a mischiefe by reason of the consequence by which she is iudged of the people both a woman adultres or defamed I like a bridle Asse by the power of the Lord and not by the voyce of a perfect mā being not able to bear so great a burdé take in hand to rebuke the madnes of the sayd false Prophet Balaam whiche at the instaunce of kyng Balaac 1. of the Prince of deuils whom he serueth and ready to cursie the people blessed of the Lord I beseeche you most excellent Prince and Lord Phillip by the grace of God king of Fraunce that like as the Aungell of God in tyme past mette in the way with a sword drawne the prophet Balaam goyng to curse Gods people so you whiche are vnwilling to execute iustice and therefore like the Aungell of the Lorde and minister of power and office woulde meete with a naked sworde this sayde wicked man whiche is farre worse then Balaam that he performe not that euill whiche he intendeth to the people First I propound that the foresayd man that nameth himselfe Boniface is no Pope but wrongfully keepeth the fear which he hath in deede to the great damage of all the soules of Gods holy Church I say also that his entring was many waies faulty and he entred not in at the doore but otherwaies and therfore is to be iudged a theefe a robber 2. I propound also that the sayde Boniface is a manifest hereticke and vtterly cut off from the body of the holy Church because of many kindes of heresies whiche are to be declared in conuenient tyme and place 3. I propound also that the sayde Boniface is an horrible simoniacall such a one as hath not bin sithens the beginning of the world and the mischiefe of this sinne in him is so notorious to all the world whiche thing is manifest to all that will playnly vnderstand in so much that he beyng openly slaūdered said openly that he could not commit simony 4. I propound also that the sayd Boniface being wrapt in infinite manifest haynous sinnes is so hardened in thē that he is vtterly not possible to be corrected and lying in doungeon of mischiefe so deepe that he may not be suffered any longer without the ouerthrow of the state of the church His mouth is full of cursing his feete and steps are swift to shed bloud He vtterly teareth in peeces the Churches which he ought to cherishe wasting wickedly the goodes of the poore making much of wicked men that geue hym rewardes persecuting the righteous and among the people not gathering but scattering bringing in new sectes of destruction that haue not bene heard of Blaspheming the way of truth and by robbery thinking himselfe equall to that Lord Iesus Christ which is blessed for euer And he beyng most couetous thirsteth for gold couereth gold by some deuise getteth gold of euery people vtterly not regardig the worshipping of God with sayned wordes sometimes by flattering sometimes by threatning sometime by false teaching and all to get mony withall he maketh marchādise of vs all enuying all thinges but hys owne louing no man nourishing warre persecuting hating the peace of his subiectes He is rooted in all vnspeakeable sinnes contrarying and striuing against all the wayes doctrines of the Lord. He is truly the abhomination of the people which Daniel the Lordes Prophet described Therfore I answere that lawes weapons and all the elemēts ought to rise against him which thus ouerthroweth the state of the Church for whose sinnes God plagueth the whole world And finally nothing remaineth to hym being so vnsatiable to satisfie him wtall but onely the vnsatiable mouth of hell and the fire that cannot be quenched continuing for euer Therfore seing that in a generall coūcel it so becommeth and I see this wicked man to be damned which offendeth both God and al men I aske and require as instantly as I can and beseech you my Lord and King aforesaid that ye would declare to the prelates doctours people princes your brethren in Christ chiefly to the Cardinals and all Prelates and call a Councell In the which when this foresaid wicked man is condemned by the worshipfull Cardinals the church may be prouided of a shephearde for that Councell I offer my selfe ready lawfully to pursue the foresaide things And where as the saide man being in highest dignity in the meane time cannot be suspended of hys superiour therefore he ought to be taken suspended in deede for the things aforesaid seing his state is called into iudgement by the meanes aforesaid I beseech and require the said Cardinals by you and I presently require them the church of God that this wicked man being put in prison the Church of Rome may be prouided of a Vicar which may minister those things that shall appertaine vntil the Church of God be prouided of a bishop vtterly to take away all occasion of a schisme And least the saide wicked man should let and hinder the prosecuting therof I require these things of you my Lord king aforesaid affirming you to be bounde to doe this for many causes First for faithes sake Secondly for your kingly dignitie to whose office it belongeth to roote out such wicked men Thirdly for your oth sake which ye made for the defence of the Churches of your Realme which the foresaid rauener vtterly teareth in peeces Fourthly because ye be the patron of the Churches therfore ye are not bound onely to the defence of them but to the calling for againe of their goodes which the foresaide man hath wasted Fiftly ye following the footesteps of your auncetors ought to deliuer your mother the Romish church from so wicked a hand wherein by oppression shee is tied bound I require that a publike instrument may be made of these requestes by the notaries here present vnder the witnes of the worshipfull men that be here present These things were done and spoken as is aforesayd at Paris in the Kings hous◠of Lupara After this protestation of master Nagareta immediatly insued the appeale of the king pronoūced and published against the sayd Boniface in forme as foloweth The appeale made by the king and the louers of the Realme against Boniface IN the name of God Amen In the yeare of our Lorde 1303 Indictione prima 13. day of Iune and the 9 yeare of the Popedom of Boniface Pope the 8. By the tenour of this publique instrumēt be it vnto all men knowen that the most noble prince and Lorde Philip by the grace of God king of Fraunce the famous and reuerend fathers in Christ Archbishops Bishops religious men Abbots and Priors here vndernamed in
thinges farre exceedeth temporall matters so much more a great deale y◠spirituall sonne is bound to reuerence the spiritual father to be in subiection vnto him that he may liue And that the Priestes and Prelates be the spirituall fathers it is proued in the fourth book of the kinges the 6. chapter where the king of Israell called Elizeus father saying my father shall I finite them Vnto this effect serueth the 10. of Luke where our sauiour sayd to the Apostles whose successors the Bishops are he that heareth you heareth me he that despiseth you despiseth me Also in the first to the Thessaloniās 4. chapter He that despiseth you despiseth not men but God wherfore Iustinian the Emperour in an other place sayth we haue great care to the Church of God that therein may be true doctrine and integrity of Priestes life which hauing we trust that for our great giftes we shall receiue such rewardes at Gods hands both as be durable and shall remain yea and also that hetherto hath not happened Blessed S Hierome in his Register writing to a certayne Emperor which is also to be scene in the decrees decr 11. q. 1. sayth Let not the Emperour disdayne priestes but haue speciall regard on them for his sake whose seruauntes they be and so let him rule ouer them that due and condigne reuerence be geuen vnto them For they in deuine Scriptures are sometime termed Gods sometimes named Angels Exodus 22. Then shall both their causes come before the Gods Also Malachy the second the Priests lippes should be sure of knowledge that men may seeke the law at his mouth For he is a Messenger of the Lord of hostes And therefore is it no maruell if we should vouchsafe to honour them when God himselfe in his speech attributing to them honour termeth them Gods and Aungels And here is to be noted how Constantine the Emperor when certayne of his subiectes presented vnto him libels accusatory agaynst the Bishoppes receiued them at theyr handes But calling before him those Bishoppes whiche were accused therein cast in theyr sight those libelles into the fire saying depart you hēce and discusse these matters within yourselues For it is not conuenient and meet that we iudge Gods because it is written God stood in the sinagoge of Gods and in the middest of them he did iudge Gods in which chap. it is declared how that the Pagans who worshipped goldē wooden Gods attributed great honor to the Priests what maruell is it then if the godly great and christian Emperors do honor reuerence the priests of the true God And doubtlesse it is their duety so to doe And it is reason which the Lord Peter the last day said in this point That there are two powers priesthood and dominion the one spirituall the other tēporall which no lesse differeth one from the other then the sunne from that moone the heauē from the earth and gold from lead And therfore if honor is due to be geuē to the lesser power by thē that be vnderneth him he the is chiefe of the higher power of right good duety is to be honoured and reuerenced of all vnder him as expressely is declared Cap. Solit Dema. ob In which chap. answere is fully made to the allegatiō of the L. Peter alledged by him to make for his purpose that is to say Beye subiect to all creatures for Gods sake c. There he speaketh of the subiectiō which standeth vpon y◠merit of vertue not vpon the duty of necessity For els if he should speak of the subiection which is by duty of necessity thē must it needs follow that euery bishop ought to be subiect to euery beggerly rascall in the city of Paris For that text is be ye subiect to all humain creatures but a rascal is a human creature ergo bishops must be subiect to a rascal Of the dignity of a B. Ambrose talketh in his pastorall The honor saith he the maiesty of a B. is without all cōparison If you compare it to the royalty of a king it is euē as you would cōpare mettall or lead to the beauty of gold For the is to be seen that kings princes stooping vnder the knees of priests kissing their right hand thinke thēselues to be defended by their prayer And because the kings of Fraunce haue more then other honored reuerēced the Prelats they haue aboue al other florished prospered It is said in Eccle 4. he that honoreth his father shall reioice in his sons And it followeth there he that honoureth his father shall liue a long life This is therefore the signe of the feare of God And as it is written in Eccl. 4. He that feareth God honoreth his parentes Thirdly I say that a man ought to feare God in the full reuerencing restoring vnto man that is his For he that doth not geue to another y◠is his but goeth about to vsurpe doubtles he feareth not God Contrary he that restoreth all agayne he is sayd to loue feare God Ecclesiast 18. He that feareth God will doe good thinges And in the Psalme I haue bene afeard of thy iudgementes and haue done iudgemēt and iustice For as the Lawyers say which is true A thing may be made mine diuers wayes as by succession commutatiō prescriptiō or any other acquisition either by law or custome And so of the rest And where as the Lord Peter the last day by distinction of iurisdictiō temporall spirituall endeuored to proue that he which had spirituall iurisdiction ought not to haue tēporall Otherwise there were no distinctiō therof but rather a confusion of iurisdictions I will therefore proue the cōtrary that these iurisdictiōs are cōpatible both in one person especially in an ecclesiasticall man And this I wyll proue by the law of God by the law of nature canō law ciuill law by custome and priuiledge But first I aledge that accidentall formes some of them are so distincted that they are not clean contrary but disalike as whitenes and sweetnes Other formes there be which are so distincted the they are cleane contrary one to the other are not cōpatible in one subiect For one contrary expels another and emporteth the negatiue of the other wherfore those things be contrary which one from another are most of all distāt and disagreing and in one susceptible may come one after the other but not together as the Philosopher teacheth in the Predicamentes But those formes which are so distincted that they be not contrary but disalike are compatible in one subiect as quantity and quality which being distincted in respect of their Genus generalissimum yet may be in one person And fortitude and temperance being vnder one kind of moral vertue are foūd to be in one mā as Logick and Grammer which are also species kinds in one genus viz. of
the church with very good reason doth receiue And that to the great merite both of the geuer and offerer as it appeareth of Constantine and others In the which foresayd 1. cap. the reason of diuersity is well proued For that the Apostles did foresee that the Church should be among Gentiles and not onely to be in Iuda c. And further at the beginning Christ and his Apostles were wholy bent and geuen to our health saluation crudition litle sticking or standing vpō the exercise of euery churches iurisdiction hauing regard to that which is written in the 6. chapter to the Corinthians All thinges are lawfull vnto men but all things are not expedient And likewise in the 8. chapter of Ecclesiastes it is read that euerye thing hath his time But now through the grace of God the whole people of the realme of Fraunce haue submitted themselues to the christian fayth worthely therefore the Church is occupyed about ministring of Iustice and punishing of vice For peace shal be the work of Iustice Esay the 33. chap. And in these iudgements this onely is to be considered that the life of man be reformed c. Thus you see how this our conclusion somewhat is confirmed by the Scriptures Now will I proue it by naturall law reason first after this maner He seemeth most fittest to play a good iudges part which followeth nerest God For properly God is the ruler and directer of al iudgements who sayth Prouerb capite octauo By me the law maker shall decree iustice and iust thinges But Ecclesiasticall persons follow next to God and be neerest him For that they be elected of God into a peculiar people Whereof it is sayd 1. Peter 2. you are a chosen generation a royall priesthood a holy nation and a peculiar people that you should shew the vertues of him that called you c. Ergo it is most fittest that persons Ecclesiasticall and churchmen should iudge of such matters Moreouer none doubteth but that the correction and punishment of sinne belongeth to ecclesiasticall persons wherfore whē such things be not committed without sinne offence of the one party it is euident that the Church may haue cognition thereof Also who so hath power to iudge of the end hath also power to iudge of thinges ordeined to the end for the consideration of the thinges ordeined to the end riseth of the end When therefore the body is ordeined for the life and soule and tēporall thinges for spirituall as to the end The Church which doth iudge of spirituall things may in like maner lawfully iudge of tēporall things All which is sufficiently confirmed In extra c. Iudicijs Where it is sayd that the Accessarye followeth the nature of the principall which appeareth sufficiently by example For so much therfore as these two iurisdictions be compared to two lightes that is to say to the Sunne and to the Moone and all the whole clearenes and brightnesse of the Moon both in forme and vertue dependeth of the Sunne in the Sunne And that the brightnes of the Sunne is not of the Moone or in the Moone it is playne that spirituall iurisdiction which is compared to the Sunne hath it both in forme vertue the iurisdiction temporall and not contrary Many other like reasōs might be brought in But for that the time waxeth short I will omit them Thirdly I proue by the ciuill law Auth. Diffe Iud. ¶ Si tamen ix col where it is sayd If a secular iudge be suspected let the Bishop of the Citty be ioyned vnto him But if he be negligent then let the whole iudgement be referred to the bishop In like sort Theodosius the Emperor enacted such a law that whosoeuer suter being plaintife in any kinde of matter whether at the beginning thereof or after contestation of law or when the matter came to confirmatiō or to sentēce If the plaintife had once chosen the court iurisdiction the holy sec there without all doubt though the defendant resisted and dissented the matter before the bishops other ecclesiastical Iudges should be determined and ended Which law afteward Carolus the great who was king of Fraūce confirmed in these words We will commaund that all our subiectes as well Romaines and Frenchmen as others vnder our dominion whatsoeuer be by law and custome henceforth bound and charged to keepe this for a perpetuall and prescript law That whosoeuer began or commenced a sute c. as is aboue mentioned c. 11. q. i. Quicunque c. 2. But that you may obiect and say that this law is abrogated as the glose seemeth there to touche But all will not serue For although this law is not redacted into the body of the law yet for al that it is not abrogated But surely it is a priuiledge honorably graunted to the whole vniuersall church which the Emperor cannot take away no more then any other liberty of the Church By the canō law also this priuiledge is confirmed extra de iud c. timor Nouil and moreouer seemeth to be confirmed by the ciuill law C. de sacros Si eccl priuilegium although it be not expressely but generally named And so it is cleare by the ciuill law that such iurisdictiū doth pertain to Ecclesiastical persōs By canon law in like maner in places infinit Dist. 22. cap. Omnes Patriarchae 2. quest 5. ca. Si quis praesbyter 11. quae 1. cap relatum 25. distinct cap. ecce Extra de iudicijs Nouit De competenti foro cap. licet With many other places infinite yea further the canon law so farre proceedeth that whosoeuer goeth about by custom to interrupt or hinder any hauing such iurisdiction encurreth sentence ipso facto of excommunicatiō as is proued cap. quoniam intelleximus de immunitate eccl li. sext Which is most playne by the notorious custome time out of mind in the dayes of the good christian Princes where to violate such custome it is playne sacriledge 11. quest 1. tit 1. c. 2. For by law custome winneth and gaineth iurisdiction especially to him that is Capax thereof yea and further custome time out of mind is amongst all persons in place of written confirmed law Now seing the church of Fraūce hath in common vsed with the temporalty to iudge decree both of actions personall and reall touching the Church it is playne that such custome winneth iurisdiction to it Ergo. c. But the Lord Peter auouched that the custome could not preuayle in this case because here lacked true dealing Besids the said law is called inprescriptible for that it is Ius fisci But this maketh nothing agaynst vs. For the Church of Fraunce rather chalengeth this law by custome then by prescription Which custom semeth rather to be brought in of the free will and election of the people frequēting more the ecclesiasticall Consistories then the secular courts Besides this custome in that it hath bene oftentimes
memory brother Germaine to our Lady mother is fallen vnto vs by playn and manifest law And for somuch that Lord Phillip de Valoys being the sonne of the Vncle of the foresayd king and so being farre from the crowne by a farther degree of consanguinitie through force and vsurpation hath intruded himselfe in the foresayd kingdome whilest we were yet in our Minoritie so contrary both to God and to iustice doth detayne and occupye the same And least we shoulde seeme to neglect our owne right and the gifte geuen vs of God or not to submit our will to Gods diuine ordinance We haue thought good to acknowledge the title of France and by supportation of the almighty king haue taken vppon vs the defence and regiment of the sayd kingdome Firmely purposing with our selues as euery good man ought to doe graciously to minister iustice to euery one according to the rites and laudable custome of the foresayd kingdome Also to renue the good lawes and customes whiche haue bene in the time of Ludouicke our progenitour adding to moreouer that which shall seeme expedient according to the condition and qualiitie of the time As by any chaunge of coyne or any other inordinate exactions we intend not to seeke our profites by your detrimentes when as the almighty bee praised therefore we abounde and haue inough And as concerning the affayres of the Realme our purpose is not to proceede rashely or by our owne will but by the discreete aduise and Counsell of the Pieres Prelates Nobles and other our faythfull subiects of the kingdome so farre forth as shall make for the honour of God the defence and aduauncement of the Church which in all fulnes of deuotion we doe reuerence and to the profite both publicke and priuate of all the subiectes thereof with full execution of iustice by the grace of God to be executed vpon al and singular persons being earnestly careful for the honour profite and tranquillitie of you all For as the Lorde knoweth nothing shall be more gratefull to vs then that by our carefull solicitude peace may be engendered specially betwixt vs and vniuersally among all Christen men so that by our concorde the force and strength of all Christen Princes may be ioyned together for the recouery of the holy land whiche our Sauiour and redemer hath dedicated with hys owne proper bloud whereunto we wil indeuour our selues through the grace of the holy ghost And for asmuch as we haue offered to the foresayd Lorde Phillip diuers friendly and reasonable conditions of peace whereunto he would neyther condescend neyther agree to any conformation yea rather moueth against vs vniust warre to the vtter subuersion of our state we are enforced of necessitie to the vttermost of our power for the defence both of vs and recouery of our right to defend our selues by force of battaile not seeking any slaughter of good and humble subiectes but desiring theyr safegarde and profite For the whiche cause all and singular such subiectes of the kingdome of Fraunce which shall submit themselues to vs as the true king of Fraunce within the feast of Easter next ensuing professing vnto vs theyr fealtie and doing to vs as to the Kyng of Fraunce by duety appertayneth so as our beloued subiectes of Flaunders haue done alredy or be ready to offer themselues so to do all such we willingly admit and receaue to our peace grace vnder our protection to be defended them to mayntayne as is conuenient from all molestation and disquietnes whatsoeuer in person or goodes hereafter to be inforced eyther by vs or by our officers vpon what soeuer occasion of rebellion afore passed And for as much as the premisses cannot easely be intimated to all and singular persons we haue prouided the same to be fixed vpon Church doores and other publicke places whereby the manifest notice thereof may come to all men to the comfort of you that be to vs deuout and to the true information of them whiche through sinister surmises of our enemies otherwise informed of vs. Dated at Gaunt the 8. day of February the yeare of our kingdome of Fraunce the first of England the 14. This done for that the winter then drew on neyther was there any hope as the time serued of farther doyng good the kyng thought best for a season to returne againe to Englande with his company geuing ouer the warres vntill the next spring and so did taking shipping and so ariued at Douer When he came to London it was declared vnto him of the great spoyle the Frenchmen had made at Southampton who answered agayne that within one yeare he doubted not the same to be well payd for recompenced And according to the same purpose of hys he lingered no time but calling a Parliament at Westminster with much grudge euill will of his subiects was for the mayntenance of hys warres graunted to him a great subsidie which was the 5. euery mans goodes and also the customes of his woolles 2. yeares before hand and the 9. these of euery mans corne At the spring the K. agayn prepared his army rigged hys nauy purposing to land in Flaūders But the Archb. of Canterb. then Lord Chauncellour hauing vnderstanding of the Frenche power vpon the Sea lying for the k. gaue him aduertisement there of willing him more stronglier to go or els not to venture But the king not crediting the Archbish. and being angry with him therefore sayd that he would go forward whereupon the bishop resigned the Chauncellorship remoued himselfe from his Counsayle then the k. consulting hereupon farther with the Lord Morley his Admirall and others hearing also the same of them furnished himselfe with stronger power and committed him to his ship and did so much that a few dayes before midsommer he was vpō the Sea with a great fleete Before the town of Sluse the french king to stop hys passage had layd ready a great nauy well neare to that number of 20. score sayle and had made the Christopher of England which before the French men took at Southamptō theyr Admirall betwixt which two nauies was a lōg and terrible fight But in the end the victory by Gods grace fell to the king of England in which fight he himselfe was personally So that of the number of thirtye thousand Frenchmē few or none were left escaped aliue and two hundreth sayle of shippes taken in one of the which were found 400. dead bodyes After this great slaughter of the Frenchmen of whom many for feare of the sword lept into the sea when no man durst bring tidinges thereof to the Frenche king They which were next about the king did subborne his foole to insinuate the vnderstanding thereof by subtiltie of couert words which was thus As the foresayd foole being in the kinges presence and was talking of many things among other talke he sodenly brast out being prompt by others into a vehement rayling of
also slue and killed aboue 130. Knightes being all men of great possessions and prowesse and tooke other small cities and townes to the number of 300. Yet for all thys Phillip de Ualois the french king durst neither rescue his towns nor relieue his owne men but of hys great armie hee lost which is to be marueiled at being in the midst of his own countrey by famine other inconueniences for want of water more then 20000. men without any battaile by hym geuen Whereupon at the treatie of the sayde Phillip by hys embassadours to the king sent and by the mediation of the Lady Iane sister to the sayd Philip mother to the Earle of Henault whose daughter king Edwarde as you heard had married A truce containing the number of 15. articles for one yeare was concluded the king of Englande being very vnwilling and loth therunto Yet notwythstanding partly by the instance of the foresayd Lady but specially for that the king was greatly disappoynted through the negligence of his officers in England which sent hym not ouer such mony as he neded for the continuance of hys warres and paiment of his soldiors wages the articles being somewhat reasonable he agreeth to the truce therof the coÌ„ditions of which truce there concluded heere followe vnder wrytten 1. First that during the sayde truce no tales or mistrust of either part shall be a detriment or cause of breache of the same 2. Item that during the sayd respite or truce eyther of the Princes their helpers coadiutors and allies whatsoeuer shall remaine and be in the quiete possession of all such possessions holdes territories and landes as at thys preâ—ent day they kepe and enioy within the realme and dominion of Fraunce in what maner so euer they haue atchieued the same during the sayd truce 3. Item that the sayd princes their aiders coadiutors and allies whatsoeuer shall passe safely from one country to an other and all marchants with theyr marchandise as well by sea as by land as accustomably they haue ben wont except such banished men as haue ben banished out of that sayd realmes or any of them for other causes then the warres betwene the sayd princes 4. Item that the said two princes shal not procure either by themselues or any other any practice or other molestation to be made the one to the other by the byshop of Rome or any other belonging to the holy church whatsoeuer eyther for the warres begon or any other cause nor for the seruice of any of their allies coadiutors and aiders or any of them And that our holy father the Pope nor any other shal disturbe or molest either of the sayd two kings during the sayd time 5. Item that immediatly after the truce be proclaimed in both the hostes that they may stand bound of either side to kepe and obserue al and euery such article as shal be therein contained 6. Item that wythin 20 dayes next and immediately ensuing eache of the Princes shall cause to be proclaimed in Gascoyne and Guyen and other their lands these articles of truce to the intent they may be the better obserued kept and knowne 7. Item if by any the sayd princes their allies people or coadiutours any siege be layd in Gascoyne or the Dutchy of Guyen or any other Isles of the sea Gierncley or Gersey or any other that the same sieges be raised so soone as they shall heare of thys truce 8. Item that suche as are theeues and fugitiues out of the Countrey of Flaunders shall not returne during the truce and if they do that then such as appreheÌ„d them shal see iustice done vpon them and forfaite all the goodes they haue in Flaunders 9. Item it is accorded that the debtes due to Arras Tresponois or other titles of Fraunce shal neither be demaunded nor executed during the sayd truce 10. Item that all suche prysoners as haue bene taken during these warres shal be released out of prison sent home vpon theyr faith and othe to returne if they be not raunsomed during the sayd truce And if any shal refuse so to doe that then the Lord vnder whom he is shall constraine him to returne againe to prison 11. Item that all the bandes whatsoeuer they be whyche be made before thys sayde truce in the time of warre whether they be of goods spirituall or temporall be released wtout restitucion during the sayd truce 12. Also that these conditions of truce immediately may take effect betwene the Englishmen Scots their Lords aiders and allies and the same to endure vntill the Natiuitie of S. Iohn Baptist. And that certain persons be appointed by a certaine day to be at the marches of England and Scotland to confirme the same truce vnder such coÌ„ditions as haue bene accustomed in those partes And if the said Scottes refuse so to doe that then they to haue no aide out of Fraunce during the sayd truce 13. Item that this sayd truce be proclaimed in England and in ScotlaÌ„d wythin the 26. dayes after the date therof 14. Item it is accorded that within this truce be contayned Espamels Chatellon Geneuos the Byshop and the towne of Cambrey and castels of the same c. In witnes wherof we Iohn by the grace of God king of Bohemia and Earle of Luxemburgh Adulphe Byshop of Liege Raoule Duke of Loreine Ayemes Earle of Sauoy Iohn Earle of Darminacke on the one party And B. Duke of Brabante C. Duke of Gelre D. Marques of Iuliers sir Iohn of Henault and sir Beawmount on the other party betwixt the high puissant princes of France and England Have scaled thys instrument of truce and peace and deliuered the same accordingly in the church of Espleteline on monday the 25. day of September the yere of grace 1340. This truce thus finished king Edwarde brake vp hys campe remoouing his siege from Tourney came againe to Gaunt FroÌ„ whence very early in the morning he with a small company tooke shipping and by long seas came to the tower of LoÌ„don very few or none hauing vnderstanding thereof And being greatly displeased with diuers of his counsel and high officers for that through their default he was constrained against his will not hauing money to maintaine hys warres to condescende vnto the foresayde truce he commanded to be apprehended and brought vnto him to the tower the Lorde Iohn Stonhore chiefe iustice of England and syr Iohn Poulteney with diuers others and the next morning he sent for the Lorde K. Byshop of Chichester and the Lord Wake the Lorde Treasurer diuers other such that were in authority and office and commanded them al to be kept as prisoners in the said tower onely the sayd byshop excepted whom for feare of the constitution of Pope Clement whych commaunded that no Byshop should be by the king imprisoned he set at libertie suffered him to goe his way in his place substituted sir Roger Bourcher knight
of charity But this charity Lord hath thy vicar ybroke and says that we sinnen but gif we suen for our right And we se I wote that thou taughtest vs sometime to geue our mantell also euer that we shoulden suen for our coate And so Lord beleueÌ„ we that we ben ybounden to don by thy law that is all charitye officers duty is to defenden vs from thilke theuery though we coÌ„plainen not But lord thy law is turned vpsedown A Lord what dome is it to sleane a theefe that take a maÌ„s cattell away from hym and suffren a spousebreaker to liue and a lecherour that killeth a womans soule And yet thy lawe stoned the â—pousebreakers and leachours and let the theeues liuen and haue other punishment A Lord what dome is it to sleane a these for stealing of a hors and to let him liue vnpunished to maintaine him that robbeth thy poore people of their liuelod and the soule of his foodeâ— Lorde it was neuer thy dome to sayen that a man is an heretike and cursed for breaking of mans lawe and demen hym for a good man for breaking thine hestes Lord what dome is it to curse a lewd man if he smite a priest and not curse a priest that smiteth a lewed man and leeseth hys charitie Lord what dome is it to curse the lewd people for tythings and not curse the parson that robbeth the people of tythings and teacheth them not Gods lawe but feedeth them with painting of stone walles and songs of Latin that the people knowen not Lord what dome is it to punish the poore maÌ„ for his trespas and suffer the rich to continue in his sin for a quantity of mony Lord what dome is it to slaine an vncunning lewed man for his sinne and suffer a priest other a clerke that doth the same sin scape a liue Lord the sinne of the priest or of the cleark is greater trespasse then it is of a lewd vncunning man and greater ensample of wickednes to the common people Lord what maner people be we that neither keep thy domes and thy rightfulnes of the old testament that was a law of drede nor thy domes and thy rightfulnes of thy new testament that is a law of loue and of mercy but haue an other law and taken out of both thy lawes that is liking to vs and remnaunt of heathen mennes lawes and Lord this is a great mischiefe O Lord thou sayest in thy law deme ye not and ye should not be demed for the same mesure that ye meten to other men men shall meten to you againeward And Lord thou sayst that by their worke we should know them And by what we knowe that thou commaunded vs not to demen mens thoughts nor their workes that were not agaynst thy law expresly And yet Lord he that saith he is thy vicar will demen our thoughtes and aske vs what we thinke not of the Lord of thy hestes for they caren little for them but of him and of his whilke they sate aboue thine and maken vs accusen our selfe or els they willen accursen vs for our accusers mowen we not knowne And Lord thou sayest in thyne olde law that vnder two witnes at the least or three shoulde stand euery matter And that the witnes shoulden euer be the first that shoulden helpe to kill them And when the schribes and the Pharises some tymes brought before thee a woman that was itake in spouse breaking and exeden of the a dome thou didst write on the earth and then thou gaue this dom He that is without sinne throw first at her a stone and Lord they went forth away from thee and the woman thou forgaue the woman her trespasse and bad her go forth and sinne no more Sweete Lord if the priestes tooke keepe to thy dome they would be agast to demen men as they done O Lord if one of them breake a commaundement of thy law he will axe mercy of thee and not a peine that is due for the sinne for peyne of death were to little O Lord how daren they demen any man to the death for breaking of theyr lawes other assent to such law for breaking of thy law they will set penaunce or pardon them and mayntayne them as oft as they trespassen But Lorde if a man ones breake theyr lawes or speake agaynst them he may done penaunce but ones and after be burnt Trulych Lord thou sayst but if euery of vs forgeue other his trespasse thy father will not forgeuen vs our sinnes And Lord when thou honge on the crosse thou prayedâ—t to thy father to haue mercy on thine enemies And yet the sain Lord that they demen no man to the death for the sain they ne mowen by their law demen any man to the death A leeue Lord euen so saden theyr forefathers the phariseis that it ne was not lawfull for them to kill any man And yet they bidden Pilate to done thee to the death agaynst his owne conscience for he wold gladly haue iquitte thee but for that they threatened him with the Emperour and broughten agaynst thee false witnesse also And he was an heathen man ¶ O Lord how much truer dome was there in Pilate that was an heathen iustice then in our kinges and iustices that woulden demen to the death and berne in the fire him that the Priests deliueren vnto them withouten witnes or prefe For Pilate ne would not demen thee for that the Phariseis sayden that gif thou ne had dest not bene a misdoer we ne would not deliuer him vnto thee for to they broughten in theyr false witnesse agaynst thee But Lord as thou saydest sometime that it should ben lighter at domes day to Tyro and to Sydon and Gomorra than to the cities where thou wrought wonders and miracles so I dred it shall be more light to Pilate in the dome then to our kinges and domes men that so demen without witnesse and prefe For Lord to demen thy folke for heretickes is to holden thee an hereticke and to brenneÌ„ them is to brennen thee for thou saydest to Paule when he persecuted thy people Saule Saule wherefore persecutest thou me in the dome thou shalt say that ye haue done to the left of mine ye haue done to me Thus Lord is thy mercy iustice foredone by him that sayth he is thy vicar in earth for he neither keepeth it himselfe nor nill not suffer other to do it ¶ The third commaundement that is patience and sufferance is also ibroken by this vicar Lord thou biddest sufferen both wroÌ„ges and strokes withouten againstanding and so thou diddest thy selfe to geuen vs ensample to sufferen of our brethren For suffering nourisheth loue and agaynstandeth debate All thy lawes is loue or els the thing that draweth to loue ¶ But Lord men teachen that men shoulden pleten for their right and fighten also therefore and els they seyn men ben in perill
consequently absolue any man confessing hys faulte being contrite and penitent for the same 16. It is lawfull for kinges in causes licenced by the lawe to take away the temporalties from the spiritualty sinning habitualiter that is which continue in the custome of sinne and will not amend 17. Whether they be temporall Lordes or any other men whatsoeuer they be which haue endowed any Churche with temporalties It is lawfull for them to take away the same temporalties as it were by way of medicine for to auoyd sinne notwithstanding any excommunication or other ecclesiasticall censure for so much as they are not geuen but vnder a condition 18. An ecclesiasticall minister and also the Byshop of Rome may lawfully be rebuked of his subiectes and for the profite of the Church be accused eyther of the Clergy or of the Laitie These letters with the articles inclosed being thus receiued from the pope the bishops tooke no litle hart thinking and fully determining with themselues and that in open profession before their prouinciall Councell that all maner respectes offeare or fauour set apart no person neither high nor low should let them neither woulde they be seduced by the intreaty of any mā nor by any threatnings or rewards but that in this cause they would execute most surely vpright iustice and equitie yea albeit presēt danger of life should follow therupon But these so fierce brags stout promise with the subtile practises of these Byshops which thought them so sure before the Lord against whō no determination of mans counsaile can prenayle by a small occasion did lightly confound ouerthrowe For the day of examination being come a certayn personage of the princes court yet of no great noble byrth named Lewes Clifford entring in among the Byshops commaunded them that they shold not proceed with any diffinitiue sentence against Iohn Wickliffe With which wordes all they were so amased and their combes so cut that as in the story is mentioned they became so mute and speachlesse as men hauing not one word in their month to answere And thus by the wonderous worke of God his prouidence escaped Iohn Wickliffe the second time out of the Byshops hands and was by them clearely dismissed vppon his declaration made of his articles as anone shall follow Moreouer here is not to be passed ouer how at the same tyme and in the sayd Chappell of the Archb. at Lamheth where the byshops were sitting vpon Iohn Wickliffe the story writing of the doing therof addeth these wordes saying Non dico ciues tantùm Londinenses sed viles ipsius ciuitatis se impudenter ingerere praesumpserunt in eandem capellam verba facere pro eodem istud negotium impedire confisi vt reor de ipsorum praemissa negligentia praelatorum c. That is I say not onely that the Citizens of London but also the vile abiectes of the Citty presumed to be so bold in that same Chappell at Lamheth where the Byshops were sitting vppon Iohn Wickliffe both to entreat for him and also to let and stoppe the same matter trusting as I suppose vpon the negligence which they sawe before in the Byshops c. Ouer and beside here is not to be forgotten how the sayd Iohn Wickliffe the same time of his examination offered and exhibited vnto the Bishops in writing a protestation with a declaration or exposition of his owne minde vpon the sayd his articles the effect whereof here followeth The protestation of Iohn Wickliffe FIrst I protest as I haue often before done that I doe minde and intend with my whole hart by the grace of God to be a true Christian and as long as breath shal remayne in me to professe and defend the law of Christ. And if it shall happen that through ignoraunce or otherwise I shall fayle therein I desire my Lord God of pardon forgeuenes And now againe as before also I do reuoke and make retractation most hūbly submitting my selfe vnder the correction of our holy mother the church And for somuch as the sentence of my fayth whiche I haue holden in the scholes and els where is reported euen by children more ouer it is caried by children euen vnto Rome Therefore left my deare beloued brethren should take any offence by me I wil set forth in writing the sentēce and Articles for the which I am nowe accused and impeached the whiche also euen vnto the death I will defend As I beleeue all Christians ought to doe and specially the Bysh. of Rome and all other priestes and ministers of the Church For I do vnderstand the conclusions after the sense and maner of speaking of the scriptures and holy doctours the whiche I am ready to expound And if they shall be found contrary vnto the faith I am ready to reuoke and speedily to call them backe agayne An exposition vpon the conclusions of Iohn Wickliffe exhibited by him to the Byshop ALl the race of mankinde here in earth beside Christ hath no power simply to ordayne that Peter c. This conclusion of it selfe is euident for as much as it is not in mans power to stop the cōming of Christ to hys finall iudgement but he must needes come according to the article of our Creede to iudge both the quick and the dead And then as the scripture teacheth shall surcease all ciuill and politicke rule here I vnderstand the temporall and secular dominion pertaining to men here dwelling in this mortall life For so doe the Philosophers speake of ciuill dominion And although the thing which is terminable hath an end is called sometimes perpetuall yet because in holy scripture and in vse of the Church and in the bookes of Philosophers most commonly that is takē to be perpetuall which hath no ende of tyme hereafter to come according to the which sense the Church singeth Gloria Patri c. nunc perpetuum I also after the same signification do take here this woorde perpetually and so is this conclusion consonant to the principles of the Scripture that it is not in mans power to ordayne the course and voyage of the Church here perpetually to last 2. God can not geue to any man c. ¶ To the second conclusion I aunswere vnderstanding ciuil dominion as in the conclusion before And so I hold that God first by his ordinate power cannot geue to any person ciuil dominion here for euer Secondly by his absolute power it is not probable for hym so to doe For so much as he cānot euer detaine his spouse in perpetual prison of thys life nor alwayes deferre the finall beatitude of hys Church 3. To the third conclusion Many wrytings or chartes inuented by men as touching perpetual hereditage ciuile be vnpossible The verity of this conclusion is incident For we must not canonize all maner of Charts what soeuer as Catholicke or vniuersal for then it were not lawful by any meanes to take away
the saying of our sauior Iesu Christ. There shall rise vp amongst you false prophets which shall worke straunge miracles Secōdly it is approued that they are greater straūger miracles to confesse the truth to do iustice then to worke any other kind of miracle Thirdly it is gathered therby that what soeuer minister or deacon doth loue his enemies contemneth riches despiseth the glorye of the worlde and flyeth frō al worldly troubles meekely sustaineth suffreth most terrible and cruel threatnings and strokes for the gospel sake he worketh miracles hauing thereby a testimony and witnesse that he is the true disciple of Iesu Christ. And it is euident by the saying of our sauior Iesu Christ. Mathew V. Let your good workes so shine before men that they may see your good works glorify your father which is in heauen And likewise Iohn x. Trust vnto your good workes wherevpon Saint Gregory in his first booke of Dialoges wryteth thus the estimation of a true life consisteth in the vertue of his workes and not in the shewing of signes whereby it is fourthly concluded by that which is aforesaide that it is a more effectual testimony and witnes for a priest or a deacon that he is sent of God to confesse the truth and follow Christ in the aforesayde vertues then to cast out deuils or to do any other miracles As it is euidēt by the saying of Chrisostome before alleged whomsoeuer thou doest see to cast out deuils if the cōfession or acknowledging of the trueth be not in his mouth neither righteousnesse nor iustice in his handes he is not a man of God This is also confirmed by the wordes of Christ. Math. 7. Many shall say vnto me in that day Lord Lord haue not we prophecyed in thy name haue not we cast out Deuils in thy name and haue not we also wrought many great wonders and miracles in thy name Then I will aunswere say vnto them forsomuch as I haue not knowne you any time depart frō me ye workers of iniquity as touching the second part Chrisostom saith If you see a mā confessing preaching the trueth working righteousnes although he do not cast out deuils he is a man of God Hereby it appeareth that euery deacō priest or minister confessing the truth and working iustice hath a perfect sure testimony that he is sent of God that it is not necessary for him to approue this his sending by the working of any miracle in stead of working righteousnes neyther by any testimonial the which should plainely declare hint by name that he was sent of the Lord to preach The first part appeareth manifest by that which is alreadye spoken that all miracles in the time of Antichrist shal cease in the elect The second part is also euident for so much as none of the present preachers can shew by the scripture of that lawe of God that he is specially named therevnto And likewise do I also affirme say as touching all preachers which shal come hereafter that they are not named by name But let no man here obiect Enoc Elias which were auncient preachers prophecied by the holy spirit of God And it is apparent that like as it is not a cause sufficient to proue that this priest or deacon is sent of God to preache because he woorketh miracles so is it not a cause sufficient to proue that he is not sent of God to preach because he doth no miracles but to confesse the truth to worke righteousnes to contemne the world with the glory therof paciently to suffer rebukes is a sufficient testimony for any priest or deacon hauing knowledge of the lawe of God freely to preach the gospell of Iesus Christ. For so much as in such case he is sent of God this is the sending which the Apostles speaketh of in the x. Romains How should they preach without they be sent Wherevpō that glose of S. Augustine writeth thus These things serue to set forth gods grace declaring that all our goodnesse is preuented of grace For be sayth beleefe cōmeth of hearing hearinge commeth of preaching preaching by the sending of God so that altogether holly cōmeth out of the fountain of grace preaching truly cōmeth of sending This hath the glose how shal they then preach without they be sent of God And this is euidēt that the first principall sending is frō God alone as it is proued by Moises The second sending is both from God mā as by the example of Iosue others which were sent both by God and the rulers to preach The third sending is from man alone the which is not founded in the lawe of God but in mens traditions which they rather esteeme The fourth sending which hath but the name onely is proper to them which of themselues vnworthely vsurpe the office of preaching as those false prophets of whō god speaketh in that xxiii of Ieremy I did not send them they ran I spake not vnto them and they prophecied If they had continued in my counsels had declared my wordes vnto my people I would haue conuerted thē from their ruill waies wicked imaginatiōs our sauior speaketh of these Prophettes in Mathew saying There shall arise false Prophets And peter his true vicar in his second Epistle and second chapter prophecying vnto the faithful beleuers in Christ speaketh thus of thē There were amōgst the people false Prophets as there shal be amongst you also maisters of lies thorow whom the truth shal be blasphemed and slaundered And that he might the better instruct the people to knowe them he addeth that they shall go about with fained wordes for couetousnes sake to make merchaundice of you Wherefore euery faithful man diligently waying these things in his minde may now easely perceiue how great a nomber of false Prophets there be thorowe whom the Christian truth is blasphemed And all couetous dealyng is exercised these are they which freely preach lies But the hūble true ministers of Christ wheresoeuer they do apneare by by they are persecuted whereby the prophecie of that Apostle is verified which is written in the second Epistle to Timothe the iij. All men sayth he which desire to liue godly shall suffer persecution but the euil men seducers shal prosper in their wickednes running dayly more more into al kinde of errours The wicked haue now so much preuailed that they do preache lies making heretikes of the faithfull christians neyther is there any man that dare prohibet them their lying so that they doe not preache agaynst the byces of the prelates Howe then can you say that Antichryst is not exalted aboue all that which is called God suppressing downe the members of Christ in his office fortefying and fostring his members in lying Therefore the trew and faithfull disciples of Christ ought to stand ready girt about their loynes and shewes vpon their feete
knowledge mee guiltie so as I knew no errour in theÌ„ of which I should be guilty therfore the Byshop sate in dome in mine abseÌ„ce and deemed me an heriticke a schismaticke and a teacher of errours and denounced me accursed that I come not to correction of the Church And therefore for this vnrightfull iugement I appeale to the kinges Iustices for many other causes One cause is for the kynges Court in such matter is aboue the Byshops court For after that the Byshop has accursed he may no feare by his law but theÌ„ mote he sech succour of the kinges law and by a writ of Significauit put a man in prison The second cause is for in cause of heresie there liggeth iudgement of death that dome may not be geuen without the kinges Iustices For the Byshop will say Nobis non licet interficere quenquam That is It is not lawfull for vs to kill anye man as they sayden to Pilate when Christ should be deemed And for I thinke that no Iustice wil geue sodenly vntrue dome as the Byshop did and therfore openly I appeale to hem and send my conclusioÌ„s to the Knightes of the Parliament to be shewed to the Lordes and to be taken to the Iustices to be wel auiset or that they geuen dome The thirde cause is for it was a false dome for no man is an hereticke but he that maisterfully defends his error or heresie and stifly maintaines it And mine auÌ„swere has ben alway coÌ„ditional as the people openly knows for euer I say yet say alway will that if they caâ—nen shew me by Gods law that I haue erret I wil gladly ben ameÌ„det and reuoke mine errours and so I am no hereticke ne neuer more in Gods grace will ben en no wise The fourth cause is For the Bishops lawe that they deme men by is full of errours and heresies contrary to the truth of Christes law of the Gospell For there as Christs law biddes vs loue our enemies the Popes law geues vs leaue to hate them to sley them and grauntes men pardon to werren againe heatheÌ„ men and sley hem And there as Christes lawe teache vs to be mercifull the Bishops lawe teaches to be wretchfull For death is the greatest wretch that meÌ„ mowen done on him that guilty is There as Christes law teaches vs to blessen him that diseazen vs and to pray for him the popes law teacheth to curse them and in theyr great sentence that they vsen they presume to damne hem to hell that they cursen And this is a foule heresy of blaspheme there as Christes law byddes vs be patient the Popes law iustifies two swords that wherwith he smiteth the sheepe of the Church And he has made Lordes and Kings to sweare to defend him and his Church There as Christes law forbiddeth vs lecheâ—y the popes law iustifies the abhominable whoredome of coÌ„mon women and the Bishops in some place haue a great tribute or rent of whoredome There as Christes lawe byddes to minister spirituall thynges freely to the people the Pope with his law selles for mony after the quaÌ„tity of the gift as pardons orders blessing and Sacraments prayers benefices preaching to the people as it is knowne amongest them There as Christes law teaches peace the Pope wyth his law assoyles meÌ„ for mony to gader the people priests and other to fight for his cause There as Christes law forbids swearing The popes law iustifieth swearing and compels men therto Wheras Christes law teacheth his Priests to be poore the Pope with his law iustifies and mayntaynes Priests to be Lordes And yet the 5 cause is for the Popes law that byshops demen men by is the same vnrightfull law that Christ was demet by of the Byshops with the Scribes and with the Pharises For right as at that time they gauen more credens to the 2. false witnesses that witnessed agaynst Christ then they deden to al the people that witnesseden to his true preaching and his miracles so the Bishops of the Popes law geuen more leuen by their law to two hereticks Apostats or two comen wymen that woulden witnesseden agaynes a man in the cause of heresy than to thousands of people that were trew and good And for the Pope is thys Antechrist and his law contrary to Christ his lawe fully I forsake this law and so I reed all Christen menne For thus by an other poynt of this law they mighten coÌ„quere much of this world For whan they can by this law preseÌ„t a man an hereticke his goods shulen be forfet from him froÌ„ his heyres and so might they lightly haue 2. or 3. false witnesses to recorde an heresye agayne what true man so hem liked Herefore me thinkes that whatsoeuer that I am a christen man I may lawfull appeale froÌ„ a false dome of the law to be righteouslye demet by the trouth of Gods law And if this appeale will not serue I appeale opeÌ„ly to my Lord Iesu Christ that shall deme all the world for he I wot well will not spare for no man to deeme a trouth And therfore I pray GOD almighty with Dauid in the Sauter booke Deus iudicium tuum regi da iustitiam tuam filio regis Iudicare populum tuum in iustitia pauperes tuos in iudicio That is O God geue they iudgement to the king and thy iustice to the kings sonne to iudge thy people in iustice and thy poore ones in iudgement c. ¶ A letter sent to the Nobles and Burgesies of the Parliament by M. William Swinderby IEsu that art both God and man help thy people that louen thy law and make knowne through thy grace thy teachinge to all christen men Deare sirs so as we seen by many tokens that this world drawes to an end all that euer haue bene forth brought of Adams kinde into this world shuleÌ„ come togeder at domesday riche and poore ichone to geue accompt and receiue after hys deedes ioy or paynen for euermore Therfore make we our werks good ye while that God of mercy abides and be yee stable and true to God and ye shulen see hys helpe about you Constantes estore videbitis auxilium Domini super vos This land is full of Ghostly cowardes in Ghostly battayle few dare stand But Christ the comforter of all that falleth to that his hart barst for our loue agaynst the fiend the doughty Duke comforteth vs thus Estote fortes in bello c. Be ye strong in battell he sayes and fight ye with the olde adder State in fide viriliter agite c. Wake ye pray ye stond ye in beleue do ye manly and be ye comfortet and let all your thinges be done with charity For Saynt Paule bidds thus in his Epistle that saw the preuetyes of God in heauen Euigilate iusti c. Awake ye that bene righteous men bee yee stable
Excellentissimo c. And yet notwithstandyng out of these same preambles forefrontes of statutes other inditementes which cōmonly rising vpō matter of informatiō runne onely vpō wordes of course of office and not vpō simple truth a great part of our Chroniclers do oftē take their matter which they insert into their stories hauyng no respect or examination of circumstaunces to be compared but onely following bare rumours or els such wordes as they see in such fablyng prefaces or inditementes expressed Whereby it commeth so to passe that the younger Chronicler followyng the elder as the blind leadyng the blind both together fall into the pit of errour And you also maister Cope followyng the steppes of the same do seeme likewise to erre together with them for good felowshyp And thus concernyng the face of this statute hetherto sufficiently Now let vs cōsider and discusse in like maner first the coherence then the particular contentes of the said statute As touchyng the which coherence if it be well examined a mā shall finde almost a Chimera of it In which neither the head accordeth with the body nor yet the braunches of the statute well agree with themselues Wherein he that was the drawer or first informer thereof seemeth to haue forgot his Uerse and art Poeticall Atque ita mentitur sic veris falsa remiscet Primum ne medio medium ne discrepet imo For where as the preface of the statute standeth onely vpon matter of treason conceiued by false suggestion and wrong information The body of the sayd statute whiche should follow vpō the same runneth onely vpō matter of heresie pertaining to the Ordinaries as by euery braūche therof may appeare For first where he sayth at the instaunce request of the ordinaries or their cōmissaries c. Hereby it appeareth this to be no cause of treasō nor felony For that euery man of duety is boūd and by the lawes of the Realme may arrest apprehend a traitour or a felō if he cā where otherwise by this statute an officer is not bound to arrest him which offēdeth in case of this statute without request made by the ordinaries or their commissaries and therefore this offence seemeth neither to be treason nor felonie Secondly where it foloweth that the same ordinaries and commissaries doe pay for their costes c. This allowance of the officers charges in this sort proueth this offence neither treason nor felonie Thirdly where the statute willeth the king to bee answered of the yeare day wast c. By this also is proued the offence not to be treason Or els in cases of treason the whole inheritance I trow maister Cope speaking as no great skilfull lawyer is forfait to the prince The fourth argument I take out of these words of the statute where as such lands and tenements which be holden of the ordinaries are willed wholy to remaine to the king as forfait c. wherby it is manifest that the Prelates for their matter of Lollardie onely were the occasioners and procurers of this statute and therefore were barred of the benefite of anye forfetrising thereby as good reason was they should And thus it is notorius that the preface running specially and principally vpon treason and the statute running altogether vpon points of heresie do not well cohere nor ioine together Fiftly In that such persons indited shal be deliuered vnto the Ordinaries of the places c. It can not bee denied but that this offence concerneth no maner of treason For so much as Ordinaries can not be iudges in cases of treason or felonie by the lawes of our Realme Bracton in fine 1. Libri Sixtly by the inditements prouided not to be taken in euidence but onely for information before the Iudges spirituall c. it is likewise to be noted to what end these inditements were taken to wit only to informe the ordinaries which can not be in cases of treason Lastly where it foloweth toward the end of that statute touching escape or breaking of prison c. by this it may lightly be smelt whereto all the purpose of this statute driueth that is to the speciall escape of the L. Cobham out of that Tower to this end to haue his lands possessiōs forfait vnto the King And yet the same escape of the Lord Cobham in this statute considered is taken by Maister Iustice Stanford in Lib. primo of the plees of the crowne cap 33. to be an escape of one arrested for heresie where he speaketh of the case of the Lord Cobham Moreouer as touching the partes of this foresaid statute how will you ioine these two braunches together where as in the former part is said that the lands of such persons connict shall be forfait to the king not before they be dead And afterward it foloweth that their goodes and possessions shall be forfait at the day of their arrest to that king But heerein standeth no such great doubt nor matter to be weied This is without all doubt and notoriously euidently and most manifestly may appeare by all the arguments and whole purport of the statute that as well the preamble and preface thereof as the whole body of the said statute was made framed procured onely by and through the instigation information and excitation of the Prelates the Popish Cleargie not so much for any treason committed against the king but only for feare and hatred of Lollardy tending against their law which they more dreded abhorred then euer any treasō against the Prince And then to set the king all the states against them whereby the more readily to worke their dispatch they thought it best and none so compendious a policie as pretely to ioine treason together with their Lollardry Wherein the poore men beeing once intangled coulde no wayes escape destruction Papae concilium callidum This M. Cope haue I said and say againe not as one absolutely determining vpon the matter At the dooyng wherof as I was not present my selfe so with your owne Halle I may and do leaue it at large but as one leadyng the reader by all coniectures and arguments of probabilitie and of due circumstances to consider with themselues what is further to be thought in these old accustomed practises and procedings of these prelates Protesting moreouer M. Cope in this matter to you that those Chroniclers which you so much ground vpon I take them in this matter neither as witnesses sufficient nor as Iudges competent Who as they were not themselues present at the deed done no more then I but onely folowing vncertaine rumours and words of course and office bringing with them no certaine triall of that which they do affirme may therein both be deceiued themselues and also deceiue you and other which depend vpon them And hetherto concerning this statute enough Out of which statute you see M. Cope that neither your Chroniclers
com coÌ„paruit Ideo presentibus coronatoribus com predicti vtlagatâ— fuit per quod inquiratur de terra catallis suis. ¶ Notes or considerations vpon the Inditement and Commission aboue prefixed Die Mercurij proximo post festuÌ„ Epiphaniae c. ¶ First here is to be noted considered good reader the day and date of geuing out the Commission then of the Verdict presented by the Iurers which was both in one day that is on the Wednesday next after the Epiphanie in the first yeare of the reigne of kyng Henry 5. which was the x. day of the moneth of Ianuary as the date of the Commission sayth an 1413. after the vse of EnglaÌ„d or after the Romish vse an 1414. So that after the vse euer we count whether it be an 1413. or els an 1414. the Dominicall letter begynning at the first day of Ianuary to chauÌ„ge must needes be G. for the yeare so necessarily make Wednesday next after the Epyphanie to be the x. day of the sayd moneth of Ianuary Thus then this present Wednesday which was the tenth day of the moneth being well noted and borne in minde on the which day both the Commission was directed also the Verdict presented let vs now proceede further in the foresayd Iuditement It foloweth Per SacrameÌ„tum xij iuratorum extitit praesentatum c. ¶ If there had bin true dealing in this the Iurers should haue bene named But it is not like that there was euer any such Inditement found by any Iurers and therefore they did best not to name the Iurours least they would haue denied this Iuditement to be their Acte it foloweth more in proces of the Inditement Et dictum Ioan. Oldcastel Regentem Eiusdem regni constituere c. ¶ If there were no other argument this were sufficient to disproue the manifest vntruth of this surmised Inditement When as the king was not yet gone to Fraunce nor determined to go how could they conspire then to make a Regent For the king went in Iuly folowing vidz the second yeare of his raigne leauing behinde him the Queene his mother in law for Regent whereby it may be gathered that this matter was vntruly entred and stolen into the Records with an antedate or els at the least there appeareth manifest vntruth that they should conspire to make a Regent when a Regent was not thought vpon vnlesse it were all ready run into the heads of the Cleargie who shortly after fearing their temporalities as Caxton saith perswaded the King to make warres in Fraunce This word Regent therefore proceedeth of the secret spirit of the Cleargy and maketh the whole matter very suspicious to be grounded altogether vpon the malice of the Cleargie and their vntrue surmises It foloweth moreouer Quasi gens sine capite in finalem destructionem c. ¶ Now doth this stand with that goeth before that they conspired to make a Regent except you will say that to make a Regent is to be a people without an head It foloweth Cum quam pluribus rebellibus dicti regis ignotis ad numerum viginti millium hominum c. ¶ A straunge matter that they should knowe of the conspiracie of twentie thousand and yet knowe of no moe names of the rebels but the Lord Cobham onely or one or two mo And all the rest were ignoti Priuatim insurgentes c. ¶ This smelleth of the Cleargies owne penning without any great aduise of learned counsaile for otherwise such as had bene herein skilfull would neuer haue put in priuatim insurgentes Die Mercurij proximo post festum Epiphaniae D. anno R.R. praedicto c. ¶ This Wednesday next after the Epiphanie was the x. day of the moneth of Ianuary and the same day when both the conspiracie was put in execution and the same day when the commission was giuen out to enquire also when the fact was by enquirie presented Whereby it may seeme a strange thing that so great a conspiracy knowne beforehand was not suppressed nor enquired of by any commission but ouely by a commission bearing date of the same day vpon which day by the purport of the Inditement the conspiracie should haue bene put in execution by open rebellion as it is aforesayd Praedictum D. nostrum Regemfratres suos videl Thomam Ducem Clarentiae Ioannem de Lancastre Humfredum de Lancastre c. ¶ If the kings learned counsaile had dealt in this Inditement as in case of treason they should haue done if it had bene a matter of truth they would neuer haue handled it so slenderly and wrongly as to name the Dukes of Bedford and of Gloucester Iohn of Lancaster and Dumfrey of Lancaster who were made Dukes in the 13. yeare of the raigne of King Henry the fourth their father as appeareth by Caxtones Chronicle Et ibidem versus campum praedictum modo guerrino arriati proditorie modo insurrectionis contra ligeantias suas equitauerunt ad rebellandum dictum D. nostrum regem c. ¶ This is falsified by plaine euidence of histories And Cope hymselfe confesseth no lesse For he so sayth and confesseth page line That Sir Iohn Oldcastle was not there in person but onely that his consent and good will was there Againe seeing this equitation or riding toward Saint Giles field was vpon the Wednesday next after the feast of Epiphany as in this Inditement and processe of outlawry is aboue testified which was the tenth daye of Ianuary and commission also the same day was charged and the Iewry moreouer impanelled the same daye yet no Iewrer named Item the verdict the same day presented how all these can concurre together and all in one day let the reader after he haue well considered the matter vse his iudgement therin not only whether it be like but also whether it be possible Ouer and beside all this it is to be noted that if thys matter had bene truely and duly handled as touching the reason then had it not bene needefull to haue brought sir Iohn Oldcastle into the Parliament house before the Lords to haue had his iudgement For by the outlawrie if it had bene true he was 〈◊〉 and without ame more adde should hauâ— had iudgement in the Kings Bench as a Traytor But the chiefe Iustice knowing the handling of the matter durst not belike enterprise so far Wherefore iâ— was deuised that he should certifie the record 〈◊〉 the 〈◊〉 which he did together with the Bishops 〈◊〉 filed to the â—ecord which was verie strange And thereupon the Lords gaue such a iudgement as was not due for a Traytor For that they gaue no iudgement that he should be drawne hanged and set downe aliue and then 〈◊〉 weâ—led and quarâ—ered which is the iudgement of a Traytor And albeit the Parliament might haue attainteâ— him without any more ado And by the same Act of atteinder
and graunts to that I say that this safeconduct stood not only vpon the Emperour but also vpon the consent of the Pope himselfe vide infr page And admit that to be true that the councell had power to make this decree to breake promise wyth hereticks yet this can not be denied but that Iohn Hus was condemned and iudged before that decree in the xix Session was made Finally when Cope hath prooued by what scripture the councels haue power to defeat the authoritie of their Emperours in such secular causes touching safeconductes and outward safetie then will I answere him more fully heerein But to the purpose againe of the story Iohn Hus seeing so many faire promises and the assurance which the Emperour had geuen vnto him sent answere vnto the Emperour that he would come vnto the Councell But before hee departed out of the Realme of Boheme and specially out of the towne of Prage he did write certaine billes long inough afore as well in Latine as in the Bohemian language and Almaine and caused them to be set and fastened vpon the gates of the Cathedrall Churches and parish Churches Cloysters and Abbayes signifieng vnto them all that he would go to the generall Councell at Constance wherof if any man haue any suspition of his doctrine that he should declare it before the Lord Conrade or Bishop of Prage or if he had rather at the generall Councell for there he would render and giue vp vnto euery one and before them all an accompt and reason of his fayth The example of his letters and intimations set vp were these the copie where of here followeth ¶ The Letters of Iohn Hus set vp in common places of the Citie of Prage MAister Iohn Hus Bacheler of Diuinitie will appeare before the most reuerend father the Lord Conrade Archbyshop of Prage and Legate of the Apostolicke seate in the next conuocation of all the Prelates and Cleargy of the kyngdome of Boheme being ready alwayes to satisfie all men which shall require him to giue a reason of hys fayth and hope that he holdeth And to heare and see all such as will lay vnto his charge either any stubburnes of errour or heresie that they should write in their names there as is required both by Gods law and mans And if so be that they could not lawfully prooue any stubbornes of errour or heresie against him that then they should suffer the like punishmentes that he should haue had vnto whome altogether he will aunswer at the next generall Councell at Constance before the Archbyshop and the Prelates and according to the decrees and Canons of the holy Fathers shew foorth his innocencie in the name of Christ. Dated the Sonday next after the feast of Sainct Bartholomew ¶ The Intimations folowing were drawne out of the Bohemian tongue I Maister Iohn Husnerz do signifie vnto all men that I am ready to come and stand before the face of my Lorde the Archbishop and to aunswere to all things whereof I am falsely accused in the next conuocation of Bachelers and chefly to this point that in many places they doo report me an hereticke not hauing respect vnto iustice or to law neither yet to my merits or deserts Therefore since that you which do neuer cease to selaunder and backebite me with your words doo vnderstand and knowe these things come foorth openly before the face and presence of the Lord Archbyshop and with an open mouth declare and shew foorth what false doctrine or other things you haue heard me teach contrary to Catholicke fayth and if that I shall be found faultie in neuer so small a matter contrary or against the faith of Christ or in any false doctrine and that I do choose that or other things contrary to the faith of Christ then I will hold my peace and suffer punishment as an hereticke And if there be no man that will resist against me or accuse me in this point once againe I say vnto you that I am ready to appeare at Constance in the famous congregation to the end that I may stand in the company of the Diuines euen before the face of the Pope Therefore whosoeuer knoweth any false doctrine contrary to the faith of Christ in me let him come thether and shew it forth boldly if he haue any thing to lay against me and for my part I will not be slacke if I may vnderstand or knowe it to answere as well to small as great as touching the truth which I haue receiued of God and desire to be defended All you good men therefore which loue the truth say now whether by these my words I do thinke or go about any thing either contrary to the law of God or man If I be not admitted then to be heard be it knowne and manfest vnto all men that it hapneth not thorough my fault the same day This Epistle which followeth was set vpon the gates of the Kings Palace translated into Latin out of the Bohemian tongue VNto the Kings maiestie the Queene and to all such as are of his Councell and to all other Rulers and Magistrates which now are in the Kings Court I Iohn Hus doo signifie and publish that I haue vnderstand not by any vayne rumor or tale that there be letters brought from the Pope to the Kings Maiestie the contents whereof is this That the Kyngs Maiestie shoulde bring to passe that the heretickes which were now lately sprong vp in hys kyngdome and dominions should not take any firme or strong roote For so much as without any desert as I trust by Gods grace the fame or noise is sproong and blowne abroade it shall bee our part to foresee and take heed that neyther the Kyngs Maiestie neyther the noble Kyngdome of Boheme should bee driuen to beare or suffer anye reproche on slaunder for mee Wherefore now of late I haue sent my letters too and fro whych I haue with great labour and diligence caused to be openly set vp to thys intent that I myght thereby cause the Archbyshop to be carefull and diligent about the matter signifyeng openly that if there were any man in all Boheme which did knowe mee to be a follower of anye false or corrupt doctrine that he should professe hys name in the Archbyshop hys Court and there to shew foorth and declare what he thought And for asmuch as there would none be found or come foorth which would accuse me the Archbyshop commaunded me and my procurers to depart in peace Wherefore I require and desire the Kings Maiestie which is the defender of the truth also the Queene and theyr Counsellers and all other Rulers and Magistrates that they woud geue me a faithfull testimoniall of this matter For somuch as I haue oftentimes willed and attempted this and no man hath eyther accused mee or troubled mee I doo it moreouer to bee knowne vnto all Boheme and to all nations that I wil bee present euen at the
reuerences that you will decree most graciously consent that this our petition and supplication may be drawen out againe by your Notarie and reduced into a publicke forme and order After this supplication was read before the deputies of the 4. nations the Patriarche of Antioch answered in the name of them all vnto euery article of the sayd supplication but it was done in few wordes First as touching the protestation of Iohn Hus whether it be true or false it shal be made euident in the processe of his cause Moreouer wheras they say that the aduersaries of Iohn Hus hath peruersly drawen certaine thinges out of his bookes that also the matter it selfe shall declare in the end Where as if it shal be found decreed that Iohn Hus is vniustly vntruly accused that thē it shal come to passe that his aduersaries shall incurre perpetuall ignominy and slaunder But as touching sureties albeit there might be a thousand put in or boūd yet can it not by any meanes be that the deputies of the Councell with a safe conscience may receiue or take them in this mans cause vnto whome there is no faith or credite to be geuē Howbeit thus much they wil do vpon the 5. day of Iune next Iohn Hus shall be brought againe vnto Constance and there haue free libertie to speake his minde before the Councell that they wold louingly and gently heare him but the matter in the ende fell out farre contrary to thys promise The same day the saide Barons and Lordes presented a supplication of thys tenour vnto the Emperor Vnto the most highe and mighty Prince the Lorde Sigismund king of the Romaines alwaies Augustus king of Hungarie Croatia and Dalmatia our most gracious Lord faithful true seruice in al things and at all times Most noble Prince and gracious Lord we signifie vnto your worthinesse that we all together with one minde consent and accord haue deliuered vp vnto the reuerend fathers and Lordes the deputies of the 4 nations and to the whole sacred Councel of Constance this our supplication here vnder wrytten as reasonable iust and worthy of consideration the tenour wherof here followeth word by word and is this ¶ The copie of the supplication which was presented vnto the deputies of the councel is before written whereunto this which followeth was annexed WHerefore we most humbly require and desire your princely maiestie that both for the loue of iustice and also of the fame and renowme of that moste famous kingdome of Boheme whereof wee acknowledge you vndoubtedly the true Lorde and heire successour and also foreseeing vnto the liberty of your safe-conduct that you wil with your fauourable countenance beholding these most reasonable and iust supplications which we haue put vp to the Lordes aforesayd put to your helping hand toward the sayd most reuerend fathers and Lordes that they will effectually heare vs in this our most iust petition which we haue offered vp to them as is aforesaide least that the enemie of the renowme and honour of the famous kingdome of Boheme and such as oure slaunderers also hereafter may detracte and sclaunder vs that wee should make vnreasonable and vnlawfull requests vnto the sayde reuerend fathers and Lordes and therefore we required and desired of them that it would please them to decre by setting to their publicke hand seale to authorise our said supplication Likewise we do most hartily require your highnes that you would vouchsafe in like maner to geue vs your testimonie of the premises But what answere the Emperor made heereunto we could neuer vnderstand or know but by the processe of the matter a man may easily iudge that thys good Emperour was brought and lead euen vnto thys poynt through the obstinate mischiefe of the cardinals and bishops to breake and falsify his promise and faith whych hee had made and promised and this was their reason whereby he was driuenthereunto that no defence coulde or might be geuen either by safe conducte or by any other meane vnto hym whych was suspected or iudged to be an hereticke But by the Epistles and letters of Iohn Hus a man may easily iudge what the kings minde was Now we will procede in the historie The 5. day of Iune the Cardinals Byshops and the rest of the priests al that were almost in Constance assembled to a great number at the Couent of the Franciscanes in Constance and there it was commaunded that before Iohn Hus shoulde be brought foorth in hys absence they should rehearse the witnesses and articles which they had slaunderously gathered out of his bookes the whych articles with Iohn Husses answer we will hereafter repeate By chance there was then present a certaine Notary named Peter Mladoniewitz the whych bare great loue and amity vnto the said Hus who assoone as he perceiued that the Bishops and cardinals were already determined and appoynted to condemne the sayde articles in the absence of Iohn Hus hee went withall speede vnto maister Wencelate de Duba and Iohn of Clum tolde them al the matter who incontinent made report therof to the Emperour Who vnderstanding their intent sent Lewes the Countie Palantine of Heydelberge and the Lord Frederick Burgraue of Nuremberge to signify vnto them whych ruled the councel that nothing should be resolued or done in the case of Iohn Hus before that it wer first heard with equity and that they should send him all such articles as were said against the sayd Hus which were either false or hereticall he would do so much that the said articles shoulde be examined by good and learned men Then according to the Emperors will the iudgement of the principals of the Councell was suspended vntill suche time as Iohn Hus were present In the meane season these gentlemen master of Dube and of Clum did geue vnto the two Princes whych the Emperor had sent certaine smal treatises which the sayde Hus had made out of the which they had drawn certain articles to present vnto them which ruled the councel vnder this condition that they would render them againe when they should demand them The intent meaning of these Barons was that by thys meanes the aduersaries of Iohn Hus might the more easily be reproued the which of a naughty and corrupt conscience had picked out corrupt sentēces out of the said bookes of Iohn Hus. The bookes were deliuered vnto the Cardinals and Byshops and that done Iohn Hus was brought forth and the Princes whiche were sent by the Emperour departed backe agayne After they shewed the bookes vnto Iohn Hus and he cōfessed openly before the whole assembly that hee had made them that he was ready if there were any fault in thē to amend the same Now harken a litle to the holy proceedynges of these reuerēd fathers for here happened a straunge shamefull matter With much a do they had scarsly read one article brought forth a
saying If the blinde lead the blinde both fall into the ditch The 13. Article God doth suspend of himselfe euery wicked Prelate from his ministery while he is actually in sinne for by that meanes that he is in deadly sinne he doth offend and sinne whatsoeuer he do and consequeÌ„tly is forbâ—dden so to do therefore also is he suspended from his ministery The aunswere This is proued as touching suspension from dignitie by Osee the iiij chapter and Esay and Malachy the first And Paule in the 1. Corinthians 11. chapter suspendeth all such as be sinnefull or in any greeuous crime or offence from the eating of the bodye of the Lord and the drinking of his bloud and consequently suspendeth all sinneful Prelates from the ministration of the reuerent Sacrament And God doth suspend the wicked and sinnefull from the declaration of his righteousnesse Psalme 49. For so much then as to suspend in effect is to prohibite the ministery or any other good thing for the offence sake or as the new lawes do terme or cal it to interdict or forbidde It is manifest by the Scriptures afore rehearsed that God doth prohibite the sinnefull being in sinne to exercise or vse theyr ministerye or office whiche by Gods commaundement ought to be exercised without offence Whereupon he sayth by Esay the Prophet ye that cary the vessels of the Lord be ye clensed and made cleane And to the Corinthians it is sayd Let all thinges be done with loue and charity c. The same thing also is coÌ„maunded by diuers and sundry Canons the which I haue alleged in my treatise The 14. Article The aunswere which he made to the 25. Article in prison suffiseth for this that is to say that the Clergye for theyr owne preferment and exaltation doth supplant and vndermine the lay people doth increase and multiply theyr couetousnes cloaketh and defendeth theyr malice and wickednes and prepareth away for Antichrist The first part he proueth by experience by the example of Peter de Luna which named himselfe Benedict by the example of Angelus Coriarius which named himselfe Gregory the 12. and also by the example of Iohn 23. Likewise by the xiij and xxiiij of Ezechiel and out of Gregory which sayth what shal be come of the flock when the shepheardes themselues are become wolues c. Also out of Osee Miche and other of the Prophets and many places of S. Barnard The second part is proued by the 8. chapter of Ieremy Gregory in his 17. Homely and S. Barnard vpon the Canonicals The third part of this Article is also proued by experience for who defendeth the wickednes of any schisme but onely the Clergy alledging Scriptures and bringing reasons therfore Who excuseth Simony but onely the Clergy likewise couetousnes in heaping together many benefices luxuriousnes and fornication For how many of the Clergy is there now a dayes which do say it is no deadly sinne alledging albeit disorderly the saying of Genesis increase and multiply Hereby also is the 4. part of the Article easily verified For the way of Antichrist is wickednesse and sinne of the which the Apostle speaketh to the Thessalonians Gregory in his register Pastorall and moralls Also S. Barnard vpon the Canonicalles playnely sayth wicked and euyll Priestes prepare the way for Antichrist The 15. Article Iohn Hus doth openly teach and affirme that these conclusions aforesayd are true The aunswere is manifest by that which I haue afore written For some of these propositions I did write and publishe other some my enemy did fayne now adding then diminishing and taking away now falsely ascribing and imputing the whole proposition vnto me the which thing the commissioners themselues did confesse before me Whome I desired for the false iuuention and fayning of those Articles that they would punish those whom they theÌ„selues knew and confessed to be mine enemies The 16. Article Hereby also it appeareth that it is not true which they haue affirmed in the article followyng that is to say that all the aforesayd conclusions be false erronious seditious and such as do weaken and make feeble the power and strength of the Churche inuented contrary to the holy Scriptures and the Churche But if there be any such I am ready most humbly to reuoke and recant the same The 17. Article There was also an obiection made agaynst me as touching the Treatises whiche I wrote agaynst Paletz and Stanislaus de Znoyma The which I desired for Gods sake they might be openly read in the audience of the whole Councell and sayd that I notwithstanding my former protestation would willingly submit my selfe to the iudgement of the whole Councell The 18. article There was also an other article obiected agaynst me in this forme Item Iohn Husse sayd and preached that he shoulde goe to Constance and if so be that for any maner of cause he shoulde be forced to recant that he had before taught yet notwithstanding he neuer purposed to doe it with his minde for so much as what so euer he had before taught was pure and true and the sounde doctrine of Christ. The aunswere This article is full of lyes to the inuenter whereof I suppose the Lord sayth thus All the day long thou hast imagined mischiefe and wickednesse and with thy toung as with a sharpe rasour thou hast wrought deccypte Thou hast delighted and loued rather to talke of wickednesse and mischiefe then of equity and iustice Uerely I do graunt that I left behinde me a certayne epistle to be read vnto the people the which did conteine that all such as did wey and consider my carefull labors and trauelles should pray for me and stedfastly perseuere and continue in the doctrine of our Lord Iesu Christ knowing for a certainty that I neuer taught them any such errours as mine enemies do impute or ascribe vnto me and if it should happen that I were ouercome by false witnesse they shoulde not be vexed or troubled in their mindes but stedfastlye continue in the truth The 19. Article Last it was obiected agaynst me that after I was come into Constance I did write vnto the Kingdome of Boheme that the Pope and the Emperour receiued me honourablye and sent vnto me two Byshoppes to make agreement betweene me and them and that thys seemeth to be wrytten by me to thys ende and purpose that they shoulde confirme and establishe me and my hearers in the errours whiche I had preached and taught in Boheme Thys Article is falsely alledged euen from the beginning For how manifestly false should I haue written that the pope the Emperour did honour me when as otherwise I had written before that as yet we knew not where the Emperour was and before the Emperour himselfe came vnto Constance I was by the space of 3. weekes in pryson And to wryte that I was honoured by my imprisonment the people of the kingdome of Boheme would repute the
wholesome and sound doctrine of our Lord Christ Iesus In summe in no case they would enter into any agreement of peace except their foure Articles which they counted for Euangelicall verities were first accepted and approued Which being obtained sayd they if they would condescend with them in the veritie of the Gospell so would they ioyne together be made one with them in the Lord. c. Ex Cochleo Hist. Lib. 7. Whē the Ambassadours saw the matter would not otherwise be brought to passe they required to haue those Articles deliuered vnto them in a certaine forme whiche they sent vnto the Councell by three Bohemian Ambassadours Afterward the Councell sent a declaration into Boheme to be published vnto the people in the commō assemblies of the kingdome by the Ambassadours which were commaunded to report vnto the Bohemians in the name of the Councell that if they would receiue the declaration of those three Articles and the vnitie of the Church there should be a meane founde whereby the matter touching the fourth Article of the Communiō vnder both kindes should be passed with peace and quietnesse They propounded in Prage in an open assembly of the Nobles and commons the declarations of the three Articles in forme folowing For somuch as touching the doctrine of the veritie we ought so to proceede soberly warely that the truth may be declared with wordes being so orderly conceiued vttered that there be no offence geuē to any mā whereby he should fall or take occasion of errour to vse the wordes of Isidore that nothing by obscuritie bee left doubtfull whereas you haue propounded touching the inhibition correction of sinnes in these wordes all mortall sinnes specially open offences ought to be rooted out punished inhibited by them whose dutie it is so to do reasonably according to the law of God here is to be marked and vnderstand that this word whose duty it is is too generall and may be an offence according to the meaning of the Scripture we ought not to lay any stombling stocke before the blinde and the diches are to be closed vp that our neighbours Oxe do not fall therein all occasion of offence is to be takē away Therfore we say that according to the meaning of the holy Scripture and the doctrine of the holy Doctours it is thus vniuersally to be holden that all mortall sinnes specially publicke offences are to be rooted out corrected and inhibited as reasonably as may be according to the law of God the institutiōs of the fathers The power to punish these offenders doth not pertaine vnto any priuate person but onely vnto them which haue iurisdiction of the law ouer them the distinction of law iustice being orderly obserued As touching the preaching of the word of God which Article you haue alledged in this forme that the word of God should be freely and faithfully preached by the fit and apt ministers of the Lord least by this word freely occasion may be taken of disordred libertie which as you haue often said ye do not meane the circumstaunce therof is to be vnderstand and we say that according to the meaning of the holy Scripture and doctrine of the holy Fathers it is thus vniuersally to be beleued that the word of God ought freely but not euery where but faithfully orderly to be preached by the Priests and Leuites of the Lord beyng allowed and sent by their superiours vnto whom that office apperteineth the authoritie of the Byshop alwayes reserued who is the prouider of all thynges accordyng to the institution of the holy fathers As concerning the last Article expressed vnder these words it is not lawfull for the Christian Cleargy in the time of the law of grace to haue dominion ouer temporall goods we remēber that in the solemne disputation holden in the sacred Councell he which was appointed by that Coūcell to dispute propounded two conclusions in this sorte First that such of the Cleargy as were not religious and had not bound thēselues thereunto by a vow might lawfully haue and possesse any temporall goods as the inheritance of his father or any other if it be left vnto him or any other goodes iustly gotten by meanes of any gift or other lawfull contract or else some lawfull arte The second conclusion The church may lawfully haue and possesse temporall goods moueable and vnmoueable houses landes townes and villages castles and Cities and in thē haue a priuate and ciuill dominion Your Ambassadour which disputed against him graunted those cōclusions saieng that they did not impugne the sence of his Article being well vnderstand for somuch as he vnderstandeth his Article of ciuill dominion formally meant Whereby and also by other things it may be vnderstand that those wordes to haue secular dominion expressed in the foresaid Article seemeth to be referred to some speciall maner or kind of dominiō But for somuch as the doctrine of the Church is not to be intreated vpon by any ambiguous or doubtfull words but fully and plainely therefore we haue thought good more plainly to expresse that which according to the law of God and the doctrine of the holy Doctours is vniuersally to be beleeued that is to say the two aforesayde conclusions to be true And also that the Cleargy ought faithfully to distribute the goodes of the Church whose administratours they are according to the decrees of the holy fathers and that the vsurpation of the administration of the Church goodes done by any other then by them vnto whome the administration is Canonically committed can not be without gilt of sacrilege Thus the sacred Councell sayd they hath diligently gone about according to the verity of the Gospell all ambiguitie set apart to expounde the true sence of the three foresayd Articles Wherefore if there do yet remaine any doubt according to the information which we haue receiued in the sacred Councell we are ready by Gods helpe who is the principall veritie to declare the truth vnto you If ye do receiue and embrace the declaration of the sayd three Articles which is grounded vpon the veritie of the holy Scripture as you are bound and will effectually haue a pure simple and perfect vnitie touching the libertie of the communion vnder both kindes which you desire and require which also you can not lawfully haue without the licence of holy Church we haue authoritie from the generall Councell by certaine meanes to intreate and conclude with you trusting that you will shew your selues as you will continue These things thus declared after the Bohemians had taken deliberation they said that they would giue no answere vnto the premisses before they vnderstoode what should be offered them as touching the Communion Wherefore it shall be necessary to declare the matter as it was written in forme following In the name of God and our sauiour Iesus Christ vpon the Sacrament of whose
the part of K. Richard whome all good men hated as he no otherwise deserued The king hauing perfect knowledge the Earle to be encamped at Tamworth embatled himselfe in a place neare to a village called Bosworth not farre from Leicester appointing there to encounter with his aduersaries Here that matter lay in great doubt and suspense concerning that Lord Stanley which was the Erles father in law had maryed his mother to what part he would encline For although his hart went no doubt with the Earle had secret conference with him the night before yet because of his sonne and heyre George Lord Straunge being then in the hāds of king Richard least the king should attempt any preiudiciall thing against him durst not be seene openly to goe that way where in hart he fauoured and therefore closely kept himselfe betweene both till the push came that hys helpe might serue at a pinch The number of the Erles part exceeded not to the one halfe of the side of king Richard When the time and the place was appointed where the two battailes should encounter and ioyne together fore stripes and great blowes were geuen on both sides and many slayne If number multitude might gouerne the successe of battaile king Richard had double to the erle But God is he not man that geueth victorye by what meanes it seemeth to his diuine prouidence best In what order and by what occasion this field was wonne and lost the certain intelligence we haue not certainly expressed but onely by the historye of Polydore Vergile whom sir Thomas More doth follow word for word In the which history it doth appeare that as these 2. armies were coupling together king Richard vnderstanding by his espials where the earle of Richmond was and how he was but slenderly accompanied and seeing him to approch more neare vnto him he rather caryed with courage then ruled with reason set spurres to the horse and raunging out of the compasse of hys ranckes pressed toward the Erle setting vppon him so sharpely that first he killed sir William Brandon the Erles standard bearer father to the Lord Charles Brandon Duke of Suffolke thē after ouerthrew sir Iohn Cheny thinking likewise to oppresse the Erle But as the Lorde by his secret prouidence disposeth the euent of all thinges as the earle with his mē about him being ouermatched began to dispayre of victory sodeinly oportunely came syr William Stanley with 3. thousand well appointed able men whereby king Richardes men were driuen backe he himselfe cruelly fighting in the thick of his enemies was there slaue brought to his confusion and death which he worthely deserued In the meane time the Earle of Oxford who had the guiding of the forewarde discomfited the forefrunt of king Richards hoast and put them to flight in which chase many were slayne of noble men especially aboue other Iohn Duke of Northfolke Lord Ferrers sir Richard Radcliffe and Robert Brakenbury Lieutenaunt of the Tower c. Lord Thomas Haward Earle of Surrey there submitted himselfe and although he was not receaued at first to grace but long remayned in the Tower yet at length for his fidelitie was deliuered and aduanced to his recouered honour and dignitie againe This king Richard had but one sonne who shortly after the cruell murder of king Edwardes sonnes was taken with sicknes and died The wife of the sayd king Richard whether by poyson or by sickenes dyed also a little before the field of Bosworth After whose decease the storie of Polydore of sir Tho. More affirmeth that he intended himself to mary the Lady Elizabeth his own brothers daughter and so to preuent the Earle of Richmond Moreouer as touching the Lord Stanley thus reporteth the story that king Richard being in Bosworth fielde sent for the Lord Stanley by a purseuaunt to auaunce forward with his company and come to hys presence otherwise he sware by Christes passion that he would strike off his sonnes head before dinner The L. Stanley sent word agayne that if he did he had more sonnes aliue Wherupō the kyng immediately commaunded the Lord Strange to be beheaded which was the very time whē both y◠armies were within fight were ready to ioyne together Wherfore the kinges counsailers pondering the tyme and the case perswaded the king that it was now time to sight not to doe execution aduising him to delay the matter tyll the battail were ended And so as God would king Richard breaking hys othe or rather keeping hys othe for he hymselfe was slayne before dyner the Lord Straunge was cōmitted to be kept prisoner within the kinges tente who then after the victory gotten was sought out and brought to his ioyfull father And thus haue ye the tragicall life and end of this wretched king Richard Henry the Erle of Richmond after harty thankes geuen to almighty God for hys glorious victorye obteined proceeded to the towne of Leicester where was brought to him by the Lord Straunge the Crowne and put on the Earles head In the meane time the dead corpes of king Richarde was shamefully caried to the towne of Leicester being naked and despoyled to the skinne being trussed behinde a purseuaunt of armes was caryed like a hog or a dog hauing his head armes hanging on the one side of that horse and the legges on the other side all sprincled with myre bloud And thus ended the vsurped reign of king Richard who reigned two yeares and two monthes Ex Polydo Thom. Moro. King Henry the vij WHen king Henry by the prouidence of God had obtayned this triumphant victory Diademe of the realme first sending for Edward Plantaginet Earle of Warwicke sonne to George Duke of Clarence committing him to safe custody w e in the tower frō Leicester remoued to Lōdon not long after according to his oth promise made before espoused to him the yong Ladye Elizabeth heyre of the house of Yorke whereby both the houses of Yorke and Lancaster were conioyned together to the no little reioysing of all English hartes no lesse quyet vnto the realme which was an 1485. This king reigned 23. yeares and 8. monthes and being a Prince of great pollicie iustice and temperance kept his realm in good tollerable rule order And here interrupting a little the course of our Englishe matters we will now the Lord willing enter the story aboue promised of Maximilian the Emperour matters of the Empire especially such as pertayneth to that Church Maximilian Emperour IN the yeare of our Lord. 1486. Fridericus waxing aged and partly also mistrusting the hartes of the Germayns who had complained before of theyr greuances and could not be heard and therfore misdoubting that hys house after his decease should haue the lesse fauour amonge them for that cause in hys life tyme did associate hys sonne Maximilian to
maruell considering that he had slaine his brother Theodosius before at home moreouer liued in incestious matrimony also being inclined to certayne new sects could not abide the coÌ„trary teachers but slew theÌ„ which admonished him thereof The sayd Constans going afterward to Italy was also ouercome of the Lumbardes c. the Saracens after this victory spoyled also Rhodes Although these cursed Saracens in these theyr greate victories conquests were not without domesticall seditions and deuisions among themselues yet the princes of the Saracens being called then Sultans had in theyr possession the gouernment of Syria Egypt Affrike of a great part of Asia about the terme of 400. yeares till at length the Saracen king which ruled in Persia fighting agaynst the Saracene of Babilon sought ayde of the Turkes to fight with him agaynst the Sultane of Babilon The which Turks by litle and litle surprised vpoÌ„ the Sultan of Persia not long after putting him out of place vsurped the king dome of Persia which afterward went further as ye shall heare the Lord willing And this is the first beginning of the Turkes dominion These Turkes after they had thus ouercome great couÌ„tryes and prouinces and made their power large mighty both in Asia and Europa begaÌ„ to deuide theyr kingdoÌ„es countryes amongest themselues But when they coulde not agree but with deadly war contended for the boundes of those kingdomes and dominions in the meane tyme 4. of the principall families conquering and subduing all the rest parted the whole Empyre amongst theÌ„selues And yet they also not so contented fell to such cruell hatred conteÌ„tion warre and slaughter no doubt by the iust iudgement of God against his blasphemous enemies that there was no end thereof vntill the remnant of the auncient Turkes was vtterly rooted out For it is euident that there are fewe nowe remayning which are Turkes in deed by birth and bloud and that the state of that great empyre is not upholdeÌ„ but by the strength anâ— power of souldyors which haue bene Christians and now are turned to Mahumetes Religion so that euen theyr owne naturall language is now out of vse amongest them sauing in certayne families of theyr nobility and geÌ„tlemen These foure familyes aboue mentioned with theyr Captaynes and armyes about the yeare of our Lorde 1330 went raging throughout all Asia and Europa and euery one of them conquered some parte of the countryes where they passed The causes of these great inuasioÌ„s and victoryes were the dissention and discorde falsehoode idlenesse vnconstancy greedy auarice lacke of trueth and fidelity among Christian men of al states and degrees both high and low For by the wilfull defection and backesliding of the Christians the Turkish power did exceedingly encrease in that many â—rsiring the licentious life liberty of war allured with the prosperous successe of thynges forsooke the Churche of God and made themselues bond slaues to Mahumet and his deuilish sect bâ—th because that fleshly liberty is delighting to all men and partly also because as fortune fauoreth so commonly the willes of men enclyne And agayne suche as be prophane and without the feare of God whereof there is an infinite number in the Church in all ages are wont commonlye to iudge of Religion according to the successe of realmes and kingdomes For if any not onelye for the variety of opinions but also for the diuersitye of euentes and fortune amongest men haue inquired and doe inquire whether there be any Churche of God distyncte from other nations what it is and where it is especially for so muche as the greatest part of men bothe in the olde time when as the foure Monarchyes flourished in order was ignoraunt of this doctrine whiche is peculier to the Churche alone and nowe also the barbarity of Mahumet preuayleth raigneth in the moste part of the worlde And how standeth this with mans reason that a small number both miserable and also feebled and broken with manye battayles shoulde be regarded and loued of God and the other flourishing in all wealth prosperity victoryes authority and power should be reiected and despised of God seing there is no power and authoritye but by the ordynaunce of God Albeit therefore the power of the Turkes hath bene for these two hundreth yeares of greater force then any other Monarchy of the world besides yet is there no Imperiall dignity to be estemed in that Turkish tyraÌ„ny but amongest those nations onely where the heauenly doctrine of the Gospell is preached other disciplines necessary for the Churche of God the common life of man mayntayned and regarded where the lawes of God other honest and ciuil ordinaunces agreable to the same doe flourish and reigne where lawful iudgement is exercised where vertue is honoured and rewarded where sinne and wickednes is punished where honest familyes are mayntayned and defended These thinges are not regarded amongest the Turkes the enemies of the sonne of God and all lawfull Empyres because they dissolue and reiect all godly focietyes honest discipline good lawes policyes righteous iudgemeÌ„ts the ordinaunce of matrimony and godly familyes For what hath the Empyre of the Turkes bene hetherto but moste deadly cruell and perpetuall warre to worke all mischief destruction and desolation to subuert good lawes Cityes kingdomes policies and to enlarge theyr cruell power dominion The stay and strength whereof is not loue and fauour proceeding of vertue and iustice as in lawefull and well gouerned Empyres but feare violence oppression swarmes and infinite thousandes of barbarous and most wicked people ministers of Satans malice fury Whiche kinde of dominion and tyranny hath bene condeÌ„ned by the voyce of God many yeares agoe the â—â—stimonyes wherof the Lord would haue to remayne in the Church least the godly being moued with the power successe therof should fall away and forsake the sonne of God Wherefore let vs not seâ—ke for any Imperiall state in that barbarity but let vs be thankefull acknowledge the great benefite of God for that he hath reserued to vs certayne remnaunts of the Romayn Empyre And let vs call vpon him dayly with harty petitions and grones wyth zeale and loue to the house of God that this Turkish power ioined with the malice of Sathan against the sonne of God preuayle not agaynst the poore congregations litle remnant of his Churche as it hath hitherto done agaynste those strong and noble christian kingdoms and churches were now we see the Turkish tyranny to raigne SathaÌ„ to haue taken full possession Whose state was once farre better then ours is now and more like to continue without such horrible ouerthrowes and desolation Oh that we might foresee a litle the great daunger that hangeth ouer our heades For though the Turke semeth to be farre of yet doe we nourishe within our brestes at home that maye soone cause vs to feele his cruell hand and worse if worse may be
fruites for 2. yeares graunted to the kyng Ex vetusto Chronico Albanensi A parliament in Fraunce assembled wherein is discussed the iurisdiction ecclesiastical how farre it extendeth Anno. 1329. The letter of Philip king of Fraunce to the byshops prelates The Parliament conuented Lord Peter speakes in the Parliament The theaâ—e of his oration The oration deuided in two partes Obedience to the kyng Difference betweene the iurisdiction of the state temporall and ecclesiasticall Articles in the Parliament propounded contayning the iust complaints of the laitie against the clergie Causes real Prelates intermedle in temporall mens matters Ex Officio Imprisonment pertaineth not to the Clergie Action reall personall No maÌ„ may appeale froÌ„ a spirituall iudge to the temporall law by the Popes diuinitie Deanes of the Clergie Maryed clear Gynnes to gâ—â— money Resortum The clergie preiudiciall to common iustice Ex Officio Vsury craftely obiected by the clergie against laye men The prelates make the church a denne of theeues Note the practise of officials to get money B. Eduen and Archb. of Seâ—â—â— elect Prolocutor for prelates Repetition of the L. Peters oration aboue touched page 358. Luke 22. Math. 17. Two gifts giue Priesthood Empyre Prouerb 22. Dif 10. 1. Peter 2. Actes 5. 2. Mach 7. 11. quast 1. Feare of God staÌ„deth in three pointes Num. 18. 1. Paral. cap. vlt. What benefite commeth by geuing to the church Luke 6. Time of warre 1. Mach. 3. Exod. 17. 2. Mach. Time of peace Prouerb 16. 1. Esdras 6. Eccle. 2. The 2. part of fearing God Hebr. 12. Honouring of spirituâ—â—â— fathers 4. Keg 6. Luke 10. 1. Thess. 4. 11. q. cap. â— Sacerdâ—â—â—bus Exod. 22. Malach. 2. Honour to be giuen to priestes Two powers temporall and spirituall and what difference betwene them both De mai obed cap. Solit. Double subiection vpon merite of vertue and vpon duetie of necessitie The authoritie of a byshop and a king compared The pride of the prelacye Siâ—upekings Eccle. 4. Eccle. 4. The third part of fearing God Eccle. 18. A thing made myne diuers wayes 6. Proofes 1. Diuine lawe 2. by the law of nature 3. by canon lawe 4. by ciuill lawe 5. by custom 6. by priuiledge Formes being dislike not contrary may be compatible in one subiect Proofes out of the olde Testament Melchisedech was both kyng and Priest Ergo the P. may haue both iurisdictions Gene. 14. Deut. 17. Samuell was iudge in temporall matters Ergo the Pope may haue both iurisdictions 1. Mach. â— Ierem. 1. Proofes taken out of the new Testament Apoc. 19. Christ by his humaine nature had both powers Psal. 8. Hebr. 2. Phil. 2. Act. 10. Acts. 5. Math. 8. Omnia terminus distributiuus Luke 22. 1. Cor. 6. 22. q. 1. cap. futuram Esay 13. Probation by ciuil lawe and reason 1. Peter 2. Probation by the Canon lawe Custome Iudicium contradictorium Three things pertayning to prescription 1. Titulus 2. bonafides 3. TemporiÌ„s continuatio Ius fisci The church not subiect to the kyng Obiection Answere The French 〈◊〉 more blessed then other in 3 thinges 1. Faith to God 2 Honour to the Church 3. Iustice to the people 5. thinges doth nobilate the realme of Fraunce The bloud of Fraunce came out of Priamus king of Troy 1. Reg. 2.1 Daniel 5. Ambrose in case denieth to obey the Emperour 3. Reg. 21. Nabaoth denyeth to the kyng his Vineyard Gene. 48. Math. 17. Offence how it ought to be auoyded Rom. 14. Math. 16. The 3. note of the feare of God Eccle. 15. Honour of the kyng Eccle. 10. Two kinde of honour Math. 17. Double honour with lippes and with heart A prince â—â—ther to be beloued 〈◊〉 feared Seneca de clementia ad Gerâ—â—â—â— A sentence Prouerb 22 In alteration what is to be coÌ„sidered 3. Reg. 11. Math. 20. 25. Quaestâ—â—â— cap. Si. Marke here a fable A dreaming fable Iohn 8. Eccle. 4. Rom. 11. Who honoreth the K. Prouer. 22. Conscience and good name Eccle. 4. 24. q. 5 cap. Regnum Eccle. 37. Eccle. 3. The 4. honoring of the kyng Mat. 6. 1. Reg. 15. The oth of the French kinges Aâ—g by the possessions of the church many brethren and kinsmen of the nobles be maintayned Ergo such possessions are not to be grudged at To beleeue in the Church is not in our faith 1. Reg. 21. To the bill of articles exhibited An other dayes sitting in the parliament Bishop of Eduen againe speaketh Math. 12. Marke 12. 11. q. 1. cap. 1. 2. 22. q. 4. cap. Si vero Math. 26. Why Christ payd tribute 16. Dist. cap. Constantiâ—â—â— 35. Dist. cap. ab exordio Eccle. 6. Speciall answeres to the articles premised by B. Eduen An other dayes sitting in the Parliament â—â— Dist. cap. sum ad vetum Shauing of Priestes crownes wherefore 11. quest 2. The B. findeth fault with the kings answere The gentle answere of the king to Bishope The finall answere of the kyng to the Prelates Notes vpon the bishops answerâ— Pag. 36â— col 2. Feare of God consisting in three thinges 1. In geuing 2. In honoring 3. In restoring Honour to the kyng double In word flattering in deede effectuall Honour effectuall standeth in foure pointes 1. in maintayning the kings loue 2. in maintayning his dignitie 3. in maintayning his good name 4. in maintayning his conscience Pag. 361. col 2. Pag. 361. col 2. Religio peperit diuitias nunc filia deuorauit matrem 4. incommodities that come in geuing to the church Pag. 361. col 2. 3. Things to be noted in offering to God and to the church Rom. 12. Pag. 361. col 1. Pag. 362. col 1. 1. Tim. 5. 2. Things â—â— be noted â— geuing honour whâ—â—in consiâ—â—â— honour geuing to Priestes 1. Tim. 5. Titus 2. Qui benè praesunt How far honour giuen to priestes extendeth Marke 7. Pag. 362. col 1. Tit. 2. Pag. 362. col 1. 2. formes not contrary maybe compatible in one subiect Pag. 363. col 1. Rom. 13. Pag. 363. col 1. Noe was a priest and had both iurisdiction in the Arke Pag. 363. col 1. A. Pag. 363. col B. Page 363. col 1. C. Pag. 363. col 1. D. E. Pag. 363. col 1. Pag. 364. col 1. Pag. 364. col 1. Pag. 364. col 1. Anno. 1307. The sicknes and death of K Edward Godly lessoÌ„s and precepts geuen to the yong prince The kyng coÌ„maundeth his bones to be caryed in the field against the Scottes The fatherly care of kyng Edward in excluding wicked coÌ„pany froÌ„ his sonne A rashe vow of kyng Edward The kyngs heart to be carâ—ed to the holy land The Epitaph of kyng Edward King Edward the second Anno. 1308. King Edward led by wicked counsaile Peter Gaueston or Gauerston a wicked doer about the kyng Anno. 1310. Peter Gaueston The vnordinate affection of the kyng to Peter Gaueston The pride of Peter Gaueston Peter Gaueston spoileth the kynges treasure The queene complaineth to the freÌ„ch kyng her Father of Peter Gaueston Gaueston againe
Kyng Henry 4. The Lorde Cobham in the begynning fauoured of kyng Henry the 5. The kynges displeasure procured agaynst the L. Cobham by popish prelates The L. Cobham obedient to the kyng The L. Cobham confâ—at in his fayth to the sentence of death The L. Cobham worthy the name of a Martyr The name of a martyr what it signifieth Calumnis Syr Roger ActoÌ„ knight M. Iohn Brown Esquire Iohn Beverley preacher Rob. Fabian proued with an vntruth An vntruth in Alanus Copus Praying and preaching in dicke corners a common thyng in time of persecution Ill will taketh all thinges to worst meaning An other vntruth in Alanus Copus An vnlikely tale The L. Cobham no traytor Alanus Copus pag. 833. lib. â—â— Alanus Copus taken with an other vntruth Ex statuto Reg. Hen 5. an â— cap. 7. The former ediof Acts and Mon. pag 175. The preface or preamble of the statute (A) A (B) B (C) C (D) D (E) E Here it appeareth at whose sute and supplication this statute was set forward as also the cause why AstiteruÌ„t reges Pharosaes (F) F (G) G (H) H (I) I (K) K (L) L (M) M Notes vpon the statute foresaide Prefaces before statutes not to be regarded in triall of truth Statut. an 2 Hen. 5. cap. 11. The preface â—efore the â—tatute DecoÌ„bureÌ„do Ex fetussis astrumeÌ„tis False accusaâ—â— no newes 〈◊〉 Christes â—â—rch Example of Nemesion Martir pag. â—â— Example of Cyprian pag. 69. Example of â—â—â—tine the Martyr Example of somelius â—â—sh of RoÌ„e pag. 65. Lawes and statutes â—ounded â— false 〈◊〉 against the Chritians The persecuting statutes in the primitiue church and of the latter church coÌ„pared Feare hatred causers of persecution Vide supra pag. 48. The matter debared by recordes whether the L. Cobham and sir Roger Acton were traytors or not (A) A Rumors Congregations Insurrections Insurrection of the Lollordes against the king not lykely (B) B A slauÌ„der of the L. Cobham that he inteÌ„ded to destroy Christen fayth Cyprian lib. 4. Epist. 2. (C) C The Lord Cobham falsely slauÌ„dered for intending to destroy the king How vnlyâ—e it is that the L. Cobham did rise against the king Examples what an heard matter it is to rise against the king The nobles against K. Henry 3. The noble against K. Edward 2. The nobles against K Rich. 2. The nobles against K. Henry 4. The insurrection of the L. Cobham against the king iudged by circuÌ„stace A rebellion â—o be of â—0 thousand and yet no countrey to â— knowen â—rom wheÌ„ce they came it is not like Neuer was 〈◊〉 rebellioÌ„ of commons in England but the speciall couÌ„trey from wheÌ„ce they came was noted and knowen (D) D Another false reporte of sir Iohn Oldecastle that he inteÌ„ded to kill all maner of estates in the realme (E) E An hard matter to destroy all policie and lawes of a land Obiection Aunswere Ex originals statut Hen. 4. cap. 15. The reason and cause how chroniclers oft times be deceiued Alanus Copus deceiued by his chroniclers Horat. arâ— Poet. (F) F The body of the statute an 2. Reg Hen. 5. cap. 7. examined (G) G (H) H (I) I (K) K (L) L (M) M Iustice Stanford of the plees of the crowne lib. 1. cap. 33. The first procurers of this statute Practise of prelates to couple treason with heresie Alanus Copus pag. 833. lin 4. The wordes of Commission against the Lord Cobham B Examples of 〈◊〉 falseâ—â— accused â—or treasons A Ouâ— Engliâ—h Chroniclers examined by the wordes of this Commission (B) B (A) A (B) B (C) C (D) D (E) E (F) F (G) G (H) H (A) A The first note concerning the date and day both â—f the Commission of the verdicâ—e of the Iurers concurring on one day (B) B The secoÌ„d note of the names of the Iurers left out (C) C The 3. argumeÌ„t by making a Regent the king being not yet gone ouer (D) D The 5. argumeÌ„t by coÌ„trarietie (E) E The 6. argumeÌ„t by the persons vnknowen (F) F The 7. argumeÌ„t by the vnskilfull penning (G) G The 8. argumeÌ„t by the date and tyme. (H) H The 9. argumeÌ„t by errour and wrong naming the Dukes (I) I The 10. note or argumeÌ„t by the absence of the partie The 11. note or argument The 12. note or argument The L. Coâ— sir R. Actâ—â— c. proued no traitoâ—â— The 13. note or argumeÌ„t Aunswere to the allegation of Fabian Polydore and Hall c. Modestie commended in writers Two things to be obserued iâ— story writers The ground of histories to be coÌ„sidered All thinges not true that be fouÌ„d in stories Wordes without probation are not sufficieÌ„t in story matters Chroniclers how farre and to what effect they serue Histories not rashely to be beleued The testimony of Fabian 〈◊〉 the 〈◊〉 Cobham â—â—â—mined The testimony of Rich. Belward for the L. Cobham Ex Regist. Epise Noruic Witnesses against the L. Cobham 〈◊〉 not togeather Fabian conuict of a manifest vntruth in his story of the L. CobhaÌ„ Fabian part 7. in â—ita Henr. 5. pag. 390. Ex regist Archiep. Cant. The testimony of Polydore examyned 5. Vntruhes of Polydore noted in one story 1. Vntruth 2. Vntruth 3. 4. Vntruth Gopus pag. 833. lin 11. 5. Vntruth An other Vntruth in Polydore noted The testimony of Hall against the L. Cobham examined Cope a carper of storyes where of he hath no skill Aunswerâ— to Ed. Hall Hall raceth out his owne storie writâ—â— against the L. CobhaÌ„ Hal. in â—ita Hen. 5. pag. 2. b. lin 30. Hall in the storie of the L. Cobham sir Roger Acton a greeth not with other stories Vntruth in Hall noted Hall doubtfull in the story of sir R. ActoÌ„ c. Halle no witnes in sir Roger Actons case RepugnauÌ„ce noted in the witnes a-against the L. Cobham sir Roger Acton 1 1. RepugnauÌ„ce in the place 2 2. Repugnaunce in the place Ala. Copus pag. 833. lin 12. 3 3. RepugnauÌ„ce in the yeare 4 4. RepugnauÌ„ce in the month 5 5. Repugâ—auÌ„ce in the day Papistes can â—ot see great â—â—ames in tâ—eir owne eyes which spye small motes in other Popes traytours to their Emperours princes The Popes saintes and confâ—ssours many were traytours R Scrâ—â—◠〈◊〉 of 〈…〉 and 〈…〉 holy 〈◊〉 Popes coÌ„monly traytours Tho. Lancaster traitor and yet made a Sainâ—t by the Pope EdmuÌ„d Archb. of Cant. rebelled against his prinâ— and yet made a Saint by the Pope Tho. Arundâ—â— a ranck traitour against his king and yet a great piller counted in the popes church Pope Gregory 7 a traytor against the Lords owne body Vide supra pag. 172. Vide supra pag. 383. Religion coÌ„moÌ„ly maketh treasoÌ„ among the papistes AuÌ„swere to the second part of Copes accusatioÌ„ concerning his vntrue charging of the booke of Actes MonuÌ„ The booâ—â— of Actes 〈◊〉 Monum to true if it had pleased god otherwise Vngentelenes noted in Cope The nature of the spider Copuâ— Sycoplianta The Calendare of the Actes and