Furthermore some few yeares after this againe vnder Pope Sergius there went to Rome to be baptized the famous young King Ceadwalla of the West-saxons of whome Malmesbury saith Tantum etiam ante baptismum inseruierat pietati vt omnes manubias quas iure Praelatorio in suos vsus transcripserat Deo decimaret He did obserue such piety euen before his baptisme as he gaue to God the tythes of all his spoyles which he had applied to his owne vse out of the bootyes he had gotten of his enemyes Of whose baptisme and death in Rome we shall haue occasion to speake after To whome the famous King Inas succeeded both in his Kingdome and vertues And with both of them was insingular credit the holy Abbot S. Adelmus afterward by the said Inas made Bishop of Shirborne who going to Rome with the said Ceadwalla retourned after his death and carried with him saith Malmesbury Priuilegium quod pro libertate Monasteriorum suorum ab Apostolico Sergio impetrauerat quod libens Inas confirmauit multa Dei famulis eius hortatu contulit ad extremum renitentem Episcopatu honorauit He brought from Rome the priuiledge for the liberties or franquises of his Monasteryes which he had obteyned of Sergius Bishop of the Sea Apostolicke which priuiledge King Inas did willingly confirme and by his persuasions did bestowe many benefits vpon Gods seruants and last of all honoured him also with A Bishopricke to witt of Shirborne though he resisted the same what he could 41. And moreouer he saith of the same King of his respect vnto the aforesaid Saint and learned Bishop for Malmesbury saith he wrote an excellent booke of virginity dedicated to the Nunns of Berkensteed wherby many were moued to that holy kinde of life eius pracepta audiebat humiliter suscipiebat granditer adimplebat hilariter King Inas did harken to the precepts of Adelmâ—â— with humility receaued the same with great estimation and fulfilled them with alacrity And this point concerning the priuiledges of Monasteries fell out about the yeare 687. and in the number of these Monasteries the same Malmesbury treating of the yeare 1140. in King Stephens time saith that the Abbey of Malmesbury was one and in the former he signifieth that Inas obteyned also the like priuiledges for diuers Monasteryes Regâ—is sumptibus nobiliter a se excitatis Nobly erected by him with royall expences and that the Abbey of Glastenbury was one whose most ample priuiledges both from Popes and diuerse Princes were renewed and ratifyed againe largly in K. Henry the second his time as all our historyes doe sett downe 42. And all this hapned out in the first age of our primitiue Church and it would be ouerlong to run ouer the rest with like enumeration but yet some few more examples we shall touch as they offer themselues in order And first we read that immediately after this first age to wit in the yeare of Christ 70â— two famous Kings Kenredus of the Mercians and Offa of the East-saxons leauing voluntarily their Kingdomes and going vpon deuotion to Rome there to leade and end their liues in prayers almes other pious exercises there went with them as ghostly-father and directour of that deuout iourney as after more largely shal be shewed Egwyn third Bishop or VVorcester as Florentius declareth who retourning home required of them as it semeth no other reward but that by their intercession and his owne he might obteyne of Pope Constantine and Charter of priuiledges for a monastery of his newly erected within the territory of VVorcester which the said two Kings had endued with many temporall possessions and so he did and retourned with great contentment for the said priuiledges and exemptions obteyned for his foresaid Abbey of Euesham for soe it was called And by this we see that he did not holde his said Abbey for secure and well defended by the prouisions of the said Kings except he had obteyned also his confirmation therof from Rome 43. Next after this we read of the foresaid famous King Offa of the Mercians who meaning to buylde a royall stately Monastery vnto the protomartyr of EnglaÌ„d S. Alban went to Rome to Pope Adrian to aske licence confirmation and priuiledges for the same vpon the yeare as Matthew of VVestminster writeth 794. and among other exemptions to vse his owne wordes that he might haue it ab omni episcoporum subiectione emancipandum that is to say that it might be free and exempted from all subiection of Bishops which the Pope graunted willingly as appereth by his letter vnto the said Offa wherin among other things he saith Fili charissime c. Most deare chyld and most potent King of the English Offa we doe commend greatly your deuotion concerning the protomartyr of your Kingdome S. Alban and doe most willingly giue our assent to your petition of buylding a Monastery in his memory and doe priuiledge the same c. Wherfore by the counsayle of your Bishops and noble men you may make your Charter and afterward we shall confirme and strengthen the same with our letters and exempt the sayd Monastery from all authoritie of Bishops and Archbishops and subiect it immediatly to this our Apostolical Sea So VVestminsterâ— wherby we may see that this potent King Offa did not pursuade himself that he had authoritye by the right of his crowne to giue Ecclesiasticall exemptions to the monasteries of his realme though they were of his owne founding which yet M. Attorney as you haue seene in the former chapter would needes proue by the example of K. Kenulsus about whose tyme as before hath byn alleaged out of Marianus Scotus Bishop Rethurus was sent to Rome to obteyne priuiledges for the Abbey of Abindon from the Sea Apostolicke as he did 44. But before we passe from this example of King Offa let vs heare the words of Mathew Paris about this fact Ipse insuper sayth he Rex Offa in quantum potuit aliquis Rex Coenobium sancti Albani quod ipse magnificè fundauit liberum esse constituit in temporalibus vt ipsum liberum faceret in spiritualibus Romam in proprio corpore adijt This K. Offa moreouer so much as a king might doe made the monastery of S. Albanes which himself magnificently had founded free in all temporall affaires and that iâ— might in like maÌ„ner be free or haue priuiledges in spirituall matters he went in proper person to Rome c. Behold the distinction how a King could giue libertyes and priuiledges in temporall things but could procure them only in spirituall from the Sea Apostolicke which is quite opposite to all that M. Attorney affirmeth but let vs goe forward 45. After this againe we reade in VVilliam of Malmesbury of the greate and godly King Edgar who ruled ouer all England that he hauing a speciall deuotion to the fore-mentioned Abbey of Glastenbury wherevnto he had giuen great
tyme of the Danes themselues as presently shal be shewed 68. And for breuities sake it will be least perhaps to alleadge here the wordes of one that was skillfull in the matter for that he had byn Collector or gatherer of this tribute for diuerse yeres togeather in England vnder the sayd King Henry to whome also he dedicated his historie to wit Polidor Virgil an Italian Archdeacon of VVells who out of al historiographers had gathered the grounds and antiquities of this tribute and in the life of King Inas of the VVest saxons hauing shewed and declared first togeather with all other auncient writers how wise valiant and pious a King he was and what singular monuments therof he had left behinde him as among other the buylding of the Church of VVells the Abbey of Glastenbury the like he finally concludeth thus Officia eius Regis pietatis plena infinit a referuntur illud imprimis quod Regnum suum Romano Pontifici vectigale fecerit singulis argenteâ— nummis quos denarios vocant in singulas domus impositis c. There are infinite good workes of this King related by Historiographers full of piety and this among the first that he made his Kingdome tributary to the Bishop of Rome imposing vpon euery house a penny And all England at this present time doth pay this tribute for piety religious sake to the Bishop of Rome gathered from euery house of the whole Kingdome and vulgarly they are called the pence of S. Peter which the Pope gathereth vp by his officer called Collectour which office we for some yeres did exercise in that Kingdome and for that cause went first of all thither Thus Polidor 69. Iohn Stow doth set downe many particularityes of the rich gifts of gold and siluer vestments Church-ornaments which this King Inas gaue and bestovved vpon the Church of VVells buylded by him He testifieth also of his gyft of Peter-pence imposed vpon his Kingdome as giuen about the yeare of Christ 705. And Polidor hath further these wordes of him King Inas being exceeding desirous to amend and establish the state of his Kingdome and to instruct his subiects how to liue well and happily did make most holy lawes and left them to be obserued But the wickednes of his posterity hath by little and little worne out the same And lastly after all this glory wherin he had raigned thirty seuen yeres he leauing voluntarily his Kingdome wâ—â—â— to Rome for deuotion and pietyes sake and there saith Stow liued and ended his life in poore estate And heare now I would 〈◊〉 whether any of these lawes made by King Inas were likely to be against the Popes spirituall iurisdiction or in fauour therof And if the later may with more reason be presumed then haue we more auncient coÌ„mon-lawes that is to say temporall lawes against M. Attorney then he can alleadge any for himself to the contrary 70. But to goe forward in shewing the continuance confirmation and encrease of this temporall tribute to the Pope of Rome the said Polidor writing of King Offa the most famous and valiant King of the Mercians and shewing how wicked cruell he had byn first and how godly he became afterward hath these words He built the magnificent Cathedrall Church of Hereford and adorned the same with most ample gifts he caused to be sought out the body of S. Alban and placed the same in a monastery of S. Benedicts order built by himself and further he builded the monastery of Bath And yet more for further satisfaction of his former synnes he passed the Ocean sea went to Rome and there made tributary his Kingdome of Mercians to Adrian the Pope by imposing that tribute vpon euery house of his people which was called Peter-pence and this as some thinke by the imitation of King Inas which had done the same some yeres before in the Kingdome of the VVestsaxons And this saith Polidor was done by Offa vpon the yere 775. which was according to this accompt seuenty yeres after the other And this King Offa was he who made the famous Dich betwene his Kingdome VVales called Offa-hiâ—-dich raigned thirty and nyne yeres in al prosperity and had present with him that subscribed to his Charter for the founding of the monastery of S. Albanes besides his sonne and Prince Egfryde nyne Kings fifteene Bishops and ten Dukes as Stow relateth out of the Charter it self dated the thirty and three yere of his raigne and of Christ our sauiour 793. 71. And about some fourscore yeres more or lesse after this againe King Adelnulph otherwise called Edelnulph or Edelph sonne and heire to King Egbert the first great Monarch that gaue the name of Anglia or England to our Countrey hauing adioyned vnto his Kingdome of the VVest saxons fiue more to wit that of the Mercians Kentish saxons East-saxons South-saxons and VVelsh-men This Adelnulph I say comming to raigne after his Father was a rare man of vertue and left exceeding many monuments of piety behind him gaue the tenth parte of his Kingdome to the mayntenaunce of Clergie men sent his yongest sonne Alfred to Rome to liue there and to be brought vp vnder Pope Leo the 4. and afterward resolued also to goe himself in person He went saith Polidor to Rome vpon a vow and was most benignly receaued by Pope Leo the fourth and there he made tributary vnto the Pope of Rome such partes of the Iland as King Egbert his father had adioyned vnto the Kingdome of the VVest-saxons imitating herin his predecessour King Inas and moreouer made a speciall law therof that whosoeuer had thirty-pence rent in possessions by the yeare or more houses then one should pay yearely a penny for euery house which they did inhabite that this should be paid at the feast of S. Peter and S. Paul which commeth vpon the 29. of Iune or at the furthest at the feast of the Chaines of S. Peter which is the first of August So Polidor adding that some doe attribute this law vnto King Alfred his sonne when he came to raigne but not truly for that it was made by Adelnulph vpon the yeare of Christ 947. 72. Here now then we haue this tribute graunted and confirmed by three seuerâ—â—l Kings the first of the VVest-saxons yet in effect Monarch of England And some haue noted that as the VVest-saxons Mercians were the first that made this offer of tribute vpon deuotion to S. Peter and his Successours so were they the Kingdomes that were most aduanced in their temporall felicity and successes and finally were vnited togeather vnder one Monarch And that of the VVest-saxons being the first and last that gaue and confirmed and continued the same grew to be the Monarch ouer all the rest For as for the continuance perpetuall payment therof to the Church of Rome throughout all tymes there can be no doubt made for that in the yery
tyme of the Danes as before I noted King Canutus the Dane as Ingulphus testifyeth which liued presently after him was so carefull to haue this duly payed with other dutyes belonging to the Church as being in his iourney towardes Rome he wrote backe to his Bishops and other officers in these words Nunc igitur obtestor c. Now then I doe beseech all you my Bishops other officers and all gouernours of the Kingdome by the faith which you doe owe vnto God me that you will so prouide that before my arriuall at Rome all debts be payed which according to auncient lawes are due That is to say the accustomed almes for euery plough the tythes of beastes borne euery yeare the Pence which you owe to S. Peter at Rome whether they be due out of the cittyes or the Countrey that by the middest of August you pay the tythes of your corne that at the feast of S. Martine you pay the first frutes of your seed to the Church and parish in which euery man liueth which payment is called Kâ—ke-seet And if these things be not performed by you before I retourne assure your selues that my Kingly authority shall punish ech man according to the lawes most seuerely without pardoning any Fare you well Vpon the yere of Christ 1032. So he And marke good Reader that he saith he will punish according to the lawes yea and in his former words that there are auncient lawes for these Dutyes to Rome which M. Attorney cannot bring for his assertion against the Pope so as in auncient common lawes we are now before him But let vs goe forward end this Demonstration 73. About thirty yeres after this againe King Edward the Confessor wrote to Pope Nicolas the second in these wordes Ego quâ— que pro modulo meo augeo c confirmo c. I also for some small gifte of myne doe encrease and confirme the donations of paying such money as S. Peter hath in England and doe send vnto you at this time the said money collected togeather with some Princely gyfts of our owne to the end that you may pray for me and for the peace of my Kingdome and that you doe institute some continuall and solemne memory before the bodyes of the Blessed Apostles for all the English-nation c. So good S. Edward 74. And when not long after him King VVilliam of Normandy obteyned the crowne he forgott not this law among the rest as afterward when we come to talke of him and his raigne in particuler we shall more at large declare For his tenth law in order hath this title De denario Sancti Petri qui Anglicè dicitur Rome-scotâ— of the Penny of S. Peter called Rome-scot in the English tongue And then he beginneth his law thus Omnis qui habuerit triginta denaâ—â— vinae pecuniae in domo sua de proprio suo Anglorum lege dabit denarium Sancti Petri lege DanoruÌ„ dimidiam marcam c. Euery man that shal hâ—uâ— the worth of thirty-pence of liuely money of his owne in his house shall by the law of English-men pay the penny of S. 〈◊〉 and by the law of the Danes shall pay halfe a marke And this penny of S. Peter shall be summoned or called for vpon the solemnity and feast of S. Peter and Paul and gathered vpon the feast of the Chaines os S. Peter so as it shall not be deteyned beyond that day c. thus the Conquerour in confirmation of that which other English Kings had done before him appointing also in the same place that his Iustice should punish them that refused to pay the said money or paid it not at the due day appointed 75. And to conclude this matter this tribute was continually paid from the first institution therof not only before the Conquest as now you haue heard but afterwards also by all the Norman Kings their Successours vnto King Henry the 8. as out of Polidor we haue seene And the same King Henry himself duely paid the same in like manner for more then twenty yeres togeather vntill he brake from the Pope and Sea of Rome vpon the causes which all men know Wherevpon this our Demonstration inferreth that all this while it is not likely they paying so willingly and deuourly this temporall tribute vnto the Popes of Rome that they denyed his spirituall iurisdiction or held him in that iealosie of competency for vsurping therby vpon their Crownes as now we doe And lastly that the supreme spirituall authority of Queene Elizabeth without any Act of Parlament was warrantable by these Kings lawes which is the mayne paradoxicall conclusion of M. Attorneys whole discourse against which we haue yet a Demonstration or two more so an end The nynth Demonstration 76. The nynth Demonstration then about this matter shall be the consideration of our English Kings their singular and extraordinary deuotion before the Conquest to the Sea of Rome which was such as diuers of them left their Crownes and Kingdomes after many yeres that they had raigned and ruled most gloriously at home and went to liue and dye in that citty some in religions habit and profession of Monasticall life as Kenredus King of the Mercians and Offa King of the East angles some in secular weed but of most religious deuout and exemplar conuersation as Inas and Ceadwalla Kings of the VVest-saxons some others went thither of deuotion with intention to retourne againe as the other great Offa King of the Mercians Adelnulph alfred and Canutus Monarches of all England and lastly good King Edward the Confessor had determined vowed a iourney thither in pilgrimage but that his Kingdome greatly repyninge therat in respect of the daungerous tymes two Popes â—â— and Nicolas decreed that he should not come as before we haue touched but rather bestow the charges of that voyage vpon some other good worke namely the encrease of the Monastery of VVestminster 77. And here I might enlarge my self much in the declaration of these particulers which we haue named and of many others that we haue omitted in this kind I meane of English Kings that leauing their temporall Crownes haue submitted themselues to the sweet yoke of Christ in religious life Iohn Fox in his Actes and Monuments doth recount nyne crowned Kings that became Monkes within the first two hundred yeres after Englands conuersion to Christian faith though all of them went not to Rome and some eighteene or twenty Queenes or daughters to Kings or Queenes that tooke the same course contemning whatsoeuer pleasures or preferments the world could giue them But of such Kings as went to Rome and made themselues religious there the foresaid Kenredus of the Mercians and Offa of the Eastangles were the most famous who agreeing togeather vpon the yere 708. as Florentins after S. Bede doth recount the history lest both their Kingdomes wiues children honours goods and the
office for that saith Florentius from the time he was made Archbishop which was no lesse then two years it was not permitted vnto him either to hold any Synod or to correct the vices which were sprung vp through England Wherevnto Malmesbury and Edmerus that 〈◊〉 with him doe add that the King would not suffer him to goe to Rome to take his pall of the Pope as all Archbishops of Canterbury were accustomed to doe and the other greatly vrged to haue licence But after a long combat which he had had with the King diuers other Bishops that followed the Kings fauour in a Synod at London vpō the third weeke in lent Anno Domini 1095. and eight yeare of King VVilliam his raigne the said Archbishop being extreamly baited by the King his followers stood constant in his appeale to Rome 4. Which thing Rufus perceiuing saith Malmesbury he sent secretly certaine messengers to Rome to intreat the Pope which then was Vrban the second to send the Pall of Canterbury vnto the King to be giuen to whom he would Whervnto though the Pope would not yeeld yet he sent back with his messengers for Legate the Bishop of Albanum named VValta with the said Pall who shewed vnto the King so many reasons why the Pope could not yeeld to his demaund and intreated him so forceably to be content that he might giue the said Pall from the Pope to Anselme with accustomed ceremonyes in the Church of Canterbury as at length he obteyned the same and made them freinds 5. But this frendship lasted not longe for that the very next yeare after the King continued his old manner of oppressing the Church S. Anselme went vnto him to VVinchester and there first by intercessors desired the King that he might haue licence to goe to Rome to conferr diuers difficultyes of his with Vrban the Pope The King answered that he would not giue him licence for that he knew him to haue no such great sinnes that it was needfull for him to goe to Rome for absolution nor yet to be lesse learned then Pope Vrban whose counsaile direction he would aske Whervpon the Archbishop entring the Kings chamber sate downe by his side saith the Story and disputed the matter with him affirming him to deny Christ himself that denyed recourse vnto his Vicar vpon earth And thervpon he concluded that this licence could not be denyed him by a Christian King and consequently he would goe The King said he should carry out nothing with him The Archbishop answered he would goe naked and bare-foote Which firme resolution the King perceiuing to be in him vsed by messengers vnto him diuers intreatyes saith VValsingham and offered large promises of fauours if he would stay But the other would not but departed the Realme though he were searched and rifled by the Kings Officers at the port 6. By all which story it most euidently appeareth that albeit this young disorderly and passionate King were as well in this as in other matters headstronge and violent in pursuing his appetites desires as well in Ecclesiasticall as Temporall affaires yet did he neuer deny the Popes spirituall iurisdiction in England but rather acknowledged the same in sending to Rome to intreat that the pall might be sent to him as also in going about to diuert S. Anselms recourse thither But alas there passed not many years but God punished seuerely these greiuous sinnes against his Church For as both the foresaid Malmesbury Edmerus that liued with him doe write S. Anselms going to Rome frō thence with Pope Vrban to a Councell of Bishops gathered togeather at Bary in Apulia wherin among other things all lay-men were excommunicated that presumed to giue Ecclesiasticall Inuestitures as also those that receiued them at lay-mens hands which was thought principally to haue byn done in respect of King VVilliam he returned againe some years after into France and there passing his banishment with great quietnes of mind he being one day with S. Hugh Abbot of Cluniaecke famous in those dayes for holines the said Abbot told him in the hearing of diuers others that the night before he had seen King VVilliam called before God and receiued the sorrowfull sentence of damnation wherat all the hearers marueyling the next newes they heard from England was that the said King was strangely slaine by an erring arrow of his familiar seruant Tyrrell while he hunted in the New-forrest and that being stroken he fell downe dead without speaking any one word And the same authors doe recount diuers other the like presages and prognostications that happened as well to the King himself as to other friends of his in England portending this euent but neglected by him 7. And this shall suffice for King VVilliam Rufus who raigned thirteen years And though he was naught to all kind of men saith Malmesbury and pernicious in his actions as well to secular as Clergy men yet had he no other iudgement in matters of religion then his father or auncestors nor euer was he noted of any least difference therin Nor doth Maister Attorney bring any instance at all out of this Kings Raigne and therfore shall wee passe to his younger brother that ensued him in the Kingdome OF KING HENRY THE FIRST VVhich was the third King after the Conquest §. I. 8. This was the third sonne of VVilliam the great surnamed the Conquerour who finding the commodity by absence of his eldest brother Robert Duke of Normandy tooke the Kingdome of England vpon him hauing gained by faire promises the good-wills of all or most of the Realme and so was crowned by Maurice Bishop of London for that S. Anselm Archbishop of Canterbury was yet in exile as before vnder Rufus you haue heard 9. What the said Henry did sweare and promise and what he began euen from the very day of his Coronation to put in practice Florentius that then liued declareth in these words Consecrationis suae die Sanctam Dei Ecclesiam c. From the very day of his consecration he set free the holy Church of God which in his brothers dayes had byn sold and let to farme he tooke away all euill customes and remoued all vniust exactions wherby the Kingdome had byn wrongfully oppressed before commaunded that peace and freedome should be holden throughout the whole Realme He restored the law of S. Edward to all men in common with those additions or corrections which his Father had added thervnto c. So Florentius And what his Fathers additions were and how greatly in fauour of the Church and of Ecclesiasticall power authority and libertyes you haue heard before in his life and lawes Wherby we may easily ghesse with what mind and iudgement this man entered vnto his crowne 10. And albeit in this point he neuer altered yet there passed not two years of his gouernment but partely vpon Kingly appetite to haue power in all things and
partly also by incitation of flatterers that seeke to feed nourish Princes humours in that behalfe he began to lay his hands vpon Inuestitures of Bishops by giuing them Annalum baculum for their induction to their benefices saying that his Father and Brother before him had vsed and exercised the same But S. Anselme Archbishop of Canterbury newly retourned into England with other Bishops opposed himself against the same as a thing vnlawfull and condemned by the Canons of the Church and namely in the late Councell of Bary where himself was present as before hath byn shewed and this contention grew to be so stronge as the next yeare after being the third of K. Henryes raigne the said holy man was forced againe to appeale to Rome to Pope Pascalis and thervpon to leaue the land and once more to goe into Banishment where he liued three years going and returning often from Lions to Rome say Malmesbury Florentius and Houeden about this matter And the first of these three doth set downe diuers epistles of Pope Pascalis both to Anselme the Archbishop and to K. Henrie himself wherin he telleth him first why he could not graunt vnto him the authority of inuesting Bishops which by his letters sent by Clarke VVilliam he had demaunded saying Graue nobis est quia id à nobis videris expetere quod omnino praestare non possumus c. It greiueth vs much that you seeme to demaund at our hands that which no wayes we can graunt for if we should consent or suffer inuestitures to be made by your Excellency it would turne no doubt to the exceeding great daunger both of you and me before God c. Secondly he exhorteth him earnestly to admit S. Anselme to his Bishopricke and fauour againe Prospice fili Charissime vtrum dedecus an decus tibi sit quod sapientissimus religiosissimus Episcopus Anselmus propter hoc tuo lateri adharere tuo veretur in Reguo consistere Qui tanta de te bonae hactenus audierant quid de te sentiant quid lequentur c. Consider my most deere child whether this be an honour or dishonour vnto you that so wise and religious a Bishop as Anselmus is should feare for this cause to liue with you or to remaine in your Kingdome What will men thinke or say of you who hitherto haue heard so great good of your proceedings Thus he and much more which for breuity I omit from his pallace of Lateran vpon the 9. day before the Kalends of December 11. But not long after to wit vpon the yeare 1106. which was the sixt of K. Henryes raigne he being in some difficultyes in Normandy in respect of the warrs he had there against Duke Robert his brother and many great men that tooke his parte and perceiuing great discontentments to be likewise in England as well 〈◊〉 regard of the absence of their holy Archbishop Anselme as of the greiuous exactions which he had made vpon them Non facâ—â—â— potest naerrari miseria saith Florentius quam sustinuit isto tempore â—errâ— Anglorum propter exactiones Regis The miserie can hardly be declared which England did suffer at this time by the Kings exactions All these things I say being laid togeather God mouing his heart to turne to him for remedy he thought best to goe to the monastery of Becke in Normandy where Anselme remayned in continuall fasting and praying for his amendment And there agreeing with him to stand no more in these matters of Inuestitures or any other spirituall iurisdiction he willed him to returne securely into England to pray for him in his Archbishopricke and so he did 12. And this being vpon the Assumption of our B. Lady to wit the 15. of August the K. confident now of Gods fauour as it seemeth vpon this agreement gathered presentlie an armie against his enemies vpon the vigil of S. Michael next ensuing entring battaile with them had a singular victorie tooke therin both Duke Robert his brother VVilliam Earle of Morton Robert Earle of Stutauill VVilliam Crispin and all the head Captaines of Normandy with them wherof presently the King wrote letters of ioy to Archbishop Anselme in England saith Florentius And the next spring abouâ— Easter returned into England with the said prisoners and left Normandy wholie gained vnto him and to his Successours 13. And vpon this he calling togeather vpon the first of August and 7. yeare of his raigne all his Lords both spirituall and temporal consulted for three daies togeather with them not admitting S. Anselme to that consultation least his authoritie might seeme to haue ouer-borne the matter what it was best to doe in that case of inuestitures which he had before vsed albeit diuers saith Florentius did exhorte him not to obey the Pope in this but to retaine the vse which both his Father and brother had practised yet others alleadging the Censures both of Pope Vrbanus and Pascalis against the same and that they left vnto the King all other priuiledges and regalityes the King on the 4. day causing Anselmus to be present Statuit saith Florentius vt ab eo tempore in reliquum nunquam per dationem baculi pastoralis vel annuli quisquam 〈◊〉 Episcopatu aut Abbatia per Regem vel quamlibet laicam manum in Angliâ— inuestiretur The King with his Counsell did decree for that time forward that no man in England should be inuested of any Bishopricke or Abbey by the King or by any lay mans hand or power with giuing him the pastoral staffe or ring as sometymes had byn accustomed And this was done in obedience of the Canonicall constitution made in the Councell of Bary against such inuestitures as we haue declared 14. Aud thus was that controuersie ended which was the only controuersie of importance that this K. Henry had with the Sea of Rome during the tyme of his raigne which Malmesbury then liuinge recounted as done of conscience saying Inuestituras Ecclesiarum post multas controuersias inter eum Anselmum Deo Sancto Petro remisit Hee did release againe to God and to S. Peter the Inuestitures of Churches after many controuersies had there about with Anselmus Which he did perfourme so syncerely from his heart as afterward Anselme being dead and he marrying his only daughter Maude to the Emperour Henry the 5. vpon the yeare 1114. he seemeth to haue induced his sonne-in-law the Emperour to remit also the said inuestitures to Pope Calixtus for which his Father and grand-father had held so longe and scandalous broyles with the precedent Popes yea and himself also that is to say this Emperour Henry not long before going to Rome with a mayne army had taken prisoner and held for certayne dayes Pope Paescalis that sate before Calixtus therby to force him to graunt and confirme the said Inuestitures which now vpon a better mynd he gaue ouer againe For this I
misereretur anima fama sâ—â—ne pateretur fieri dissidium inter Regnum sacerdotium They falling downe at the Kings feet in his chamber besought him most humbly that he would haue pittie of the Church mercie of his owne soule and good name and that hee would not suffer diuision and sedition to bee made between the Kingdome and Preisthood Wherat saith he the King rising respectiuelie from his seate albeit hee excused his fact by laying the entâ—â— therof vpon others yet being preuented by euill counsaile hee neuer perfourmed in substance the good promises that hear vpon he made 31. Wherefore it seemed best to the said Legate and Archbishop to call a Synod at VVinchester and to cite the King there vnto vnder paine of Censures to appeer therin and to giue the reason of this his violent fact against the foresaid two Bishops for so much as if they had offended Non esse Regis sed Canonum inâ—â—cium affirmabant They affirmed the iudgment of this did not appertaine to the King but to the Canons of the Church 32. This Ecclesiasticall Councell then being called togeather vpon the first of September Non abnuente Rege not altogeather against the Kings will saith Malmesbury who was present in the said Citty of Oxford he sent two Earles for his proctors with an excellent learned aduocate or Attorney called Albericus de Vâ—â—â— who excusing the Kings fact shewing many reasons of Sâ—â—â—â— which forced him to assure himself of those stronge Castell sand holds in so suspitions a time as this was as also to retaine their wealth therin found for that one of them being Chauncellour had many money-reckonings to make to the King concluâ—â—â— in the end that the King presumed to haue done nothing against the Canons of the Church true meaning therof in such a 〈◊〉 for that the self same Canons did forbid Bishops to buyld such stronge Castells And in this later point Hugh Archbishop of Rome being newly come to this Councell did take the Kings parte affirming that in so suspitious a tyme the King might without breach of Church-canons demaund the keyes of any Bishops Castle within his Realme But the legate Archbishop of Canterbury were of opinion that first the violence of the fact should be remedied and then the matter tried according to the said Canons which the King refusing to doe the two Bishops interessed appealed to Rome whervnto the King answered by his Attorney Albericus in these words For as much as some of the Bishops had vsed threats and were preparing to send some to Rome against the King in this said he the King doth commend them for their appealinge but yet he would haue them know that if any went against his will and against the honour of the Realme his returne home should be harder then perhaps he imagined Nay moreouer the King shewing himself greiued in this cause did of his owne free-will and motion appeale for himself to Rome Which when the King partly praising their appeale partely threatning as you se had vttered all men vnderstood whitherto it tended to wit that they should not carry the matter to Rome at all but end it at home 33. This was the euent of that Councell which I haue related somewhat more largely out of the writing of an eye-witnes for that it expresseth manifestly what was then held and practised for truth in our controuersie For that K. Stephen and his learned Councell and Attorney did not stand vpon denyinge the Popes Ecclesiasticall authority as our Attorney doth now nor yet of the Bishops of his Realme in Ecclesiasticall matters but is content to vnder-goe the same defending only the reason and lawfullnes of his said fact nor did he pretend by reason of Kingly Crowne to haue this iurisdiction but allowed as you haue heard both their appeale to Rome and appealed also himself And surely if our Attorney and that Attorney should haue disputed about the plea that was to be held therin they would greatly haue differed yet was that Attorney in Causaruns varietate exercitatus saith Malmesbury much exercised in all variety of causes but his iudgemeÌ„t learninge beleife was different from that of ours though he were foure hundred years elder And so to returne to our Story againe this was the successe of these affaires and conforme to this was all the rest of his life and raigne as for example when Innocentius the Pope did call to Rome 〈◊〉 Archbishop of Canterbury Simon Bishop of VVorcester Roger Bishop of Couentry Robert Bishop of Excester Reynold Abbot of Euishant â—o sit and haue their voices in a Generall Councell saith Florentinâ— the King presently obeyed and sent them thither The same Stephen also made suite and obtained of Pope Lucius the 2. saith VValsingham that the Sea of VVinchester should be an Archbishopricke and haue seauen Bishopricks vnder it which had byn effectuated if the same Pope had liued But the ensuing Popes not liking therof it tooke no place though the said King desired it much and would no doubt haue done it by himself if he had thought his owne spirituall authority to haue byn sufficient for that matter 34. Another case also fell out of great moment between Pope Eugenius the 3. that ensued Lucius and K. Stephen which was about VVilliam Archbishop of Yorke called afterward S. VVilliam who being Nephew vnto the said King that is borne of his sister Lady Emma and by his procurement made Chanon Treasurer of the Church of Yorke was after the death of Archbishop Thurstan chosen by tha maior parte of the Chanons to be Archbishop of the said Sea who sending the certificate and authenticall writings of his election vnto Rome to be confirmed first by Pope Celestinus and after by Pope Eugenius then newly chosen he was first called to Rome sore against K. Stephens will and being there was charged as both Nubergensis that liued at that tyme and others doe largely declare that his election was not Canonicall And so after much pleading of the matter wherin are extant also diuers earnest and vehement Epistles of S. Bernard to Pope Celestinus after to Pope Eugenius against the said election the conclusion was that VVilliam the Kings nephew insteed of receiuing his approbation and Pall for his installment was depriued and sent backe into England againe without any benefice at all where he liued for the space of seauen years with his other vncle Henry Bishop of VVinchester in great perfection and austerity of life vntill the said Bishopricke being void againe he was chosen the second tyme and going to Rome was confirmed by Pope Anastasius that ensued Eugenius 35. But now for the first time notwithstanding all that King Stephen could doe or intreat for him he was depriued as hath byn said and one Henry Murdat a learned man Abbot of a monastery of S. Bernards Order in VVells who also had byn schollar in the
reward in the life to come for it And so much of this 14. But now to passe to another consideration about the same King it seemeth to me that nothing sheweth more this Kingâ— true affection deuotion and confidence towards the Pope and Sea of Rome then his owne recourse thervnto in his greatest affliction before mentioned of the conspiracy of his wife and children against him For then he wrote a very lamentable letter vnto Pope Alexander beginning thus Sanctissimo Domino suo Alexandre Dei gratia Catholicae Ecclesia Summo Pontifici Henricus Rex Angliae c. Salutem deuotae subiectionis obsequium In which letter among other things he saith thus Vbipleniorem voluptatem contulerat mihi Dommâ—â— ibi grauius me flagellat quod sine lachrymis non dico contra sanguineâ—â—â—eum viscera mea cogor odium mortale concipere c. Where God hath giuen me greatest pleasure and contentment there doth he most whip me now and that which without teares I doe not speake vnto you I am constrained to conceiue mortall hatred against my owne bloud and my owne bowels My freinds haue left me and those of myne owne house doe seeke my life this secret coniuration of my wife and children hath so intoxicated the minds of all my most familiar freinds as they prefer their traiterous obedience to my sonne and would rather beg with him then raigne with me and enjoy most ample dignities c. Abseâ—â— corpore presens tamen animo me vestris aduolno genibus I being absent in body but present in mynd with you doe cast my self at your knees Vestrae iurisdictionis est Regnum Angliae c. Experiatur Anglia quid possit Romanus Pontifex The Kingdome of England is vnder your iurisdiction Let England learne by experience what the Bishop of Rome can doe Promitto me dispositioni vestra in omnibus pariturum I doe promise to obay your disposition in all hings 15. Thus he wrote at that tyme with teares as you haue heard wherewith Pope Alexander being greatly moued sent commaundement to Richard Archbishop of Canterbury to write earnestly vnto K. Henry the sonne to recall him from his rebellion vnder paine of excommunication as before we haue shewed And this confident recourse of K. Henry to the Pope in so great an affaire declareth well the opinion he had of his authority And conforme vnto this were all the rest of his actions and doings concerning Ecclesiasticall iurisdiction when he was out of passion and perturbation acknowledging none at all in himself but only from the Sea Apostolike And heervpon he fouuded the security of all his hopes by his first marriage with the Queen Eleanor as hath byn said whose diuorce from King Lewes was vpon the Popes sentence declaringe the same to be inualide and no marriage at all by reason that they were married within degrees of consanguinity prohibited by the Church 16. And soone after this againe about the 6. yeare of his raigne the same King as Stow relateth procured dispensation of the said Pope by his Legat-Cardinalls Henricus Pisanus and Gulielmus Papionensis to make a marriage between Henry his eldest sonne of seauen years old and Margaret the French Kings daughter that was yet but of three years old which he would not haue done by all likelihood with so manifest perill of his whole succession therby if he had either doubted of the Popes authority therin or presumed of his owne 17. And not many years after this againe the said King being very desirous to remoue from the Church of VValtam in Essex certaine secular Chanons that liued not with edification and to place in their roome regular Chanons presumed not to doe it of himself or his owne authority which yet might seeme a small matter but by the authority of the Pope Rex saith Houeden ex authoritate Domini Papae instituit in Ecclesia de VValtham Canonicos regulares The King did appoint regular Chanons in the Church of VValtham by the authority of the Pope And the same doth testifie VValsingham vpon the yeare 1177. that it was done in the vigil of Penticost Authoritate Summi Pontificis sub praesentia Regis By the authority of the Bishop of Rome the King being present at the doing 18. And the same VValsingham two years after that againe doth record another iudiciall Act of the said Pope Alexander in England which is that he exempted from the obedience of the Archbishop of Canterbury Roger that was Prior of the monastery of S. Augustine in the same Citty which had byn subiect to him saith he for fiue hundred years before And it is probable that neither the King nor Archbishop did like thereof but could not let the same 19. And finally to goe no further in this matter of this Kings obedience and deuotion towards the Church when he was out of choller and passion and free from such other perturbations as did draw him stroÌ„gly oftentimes to the doing of certaine things which after he repented I shall end with one shorte narration only of the foresaid VValsingham or a strange extremity and aduersity of fortune from which God deliuered him at one tyme by means of his deuout mynd towards the blessed Martyr S. Thomas of Canterbury vpon the year 1174. which was three yeares after his said martyrdome at what time the Kings state was this as partly before you haue heard Lewys King of France coÌ„ioyning himself with Henry the third King of England and the rest of his brethren against their Father pressed him sore with great armies in Normandy and other partes of his Dominions in France And at the very same time his wife Queen Eleanor in England conspiring with her said sonnes incited by her example many other Princes and noblemen to doe the like who raised diuers rebellions And besides all the rest VVilliam King of Scotland came in with a great Army on the North-side and Philip Earle of Flaunders was entered with another on the South-side At which time K. Henry seeing himself in these straites and not well knowing what to doe yet resolued at the length to passe from Normandy into England and first to succour the principall parte But being on the Sea there arose such a tempest as seing himself in great daunger Erectis in caelum luminibus saith VValsingham lifting vp his eyes to heauen he desired God that saw his intention to be mercifull vnto him as his meaning and purpose was to seeke the peace both of the Clergy people of England c. And God saith our Author admitted presently the prayer of this our humbled King and brought him safe to Hampton-port with all his people who from that day forward giuing himself to pennaunce vsed saith he a very thinne diet to wit bread and water only and casting of all temporall cares nor entring into any one Citty as he went by the way neuer ceased vntill he came to
Canterbury where the glorious body of Thomas the martyr lay where with abundance of teares and sighes going bare-foote and casting himself prostrate on the ground he did demaund pardon and mercie humbly beseeching first that the Bishops there present would absolue him and then that euery religious man would giue him three or fiue strokes of a discipline or whip on his bare flesh then putting one his apparell againe which in all their presence he had put of he rose from the ground and then gaue precious gifts to the said Martyr and his sepulcher and among other forty pounds by the yeare of perpetuall rent for maintenance of lights at the said Sepulcher and so giuing himself to waching fasting prayer for three dayes togeather it is not to be doubted saith he but that the said martyr being pleased with his repentaunce and deuotion God also by his intercession tooke away the Kings sinne So VValsingham 20. And presently in token heerof he saith that the verie same day wherin the King was most deuout in humbling â—imself and kissing the said martyrs Tombe in Canterbury God deliuered into his hands VVilliam King of Scotland who was taken prisoner by his Captaines and that vpon the same day also his rebellious sonne K. Henry the 3. hauing taken shipping to come with a great Nauye into England against him was driuen back by tempest the King himself going to London was receiued with extraordinary ioy of al his people by whose help he soone pacified and conquered all his rebells and thence going presently ouer into Normandy with a great armie and leading prisoner with him the foresaid K. of Scotland with diuers other enemies fallen into his hands hee so terrified the King of France and other his confederates that beseiged the Cittie of Roane as they retired presentlie and his sonnes Henry Richard Geffrey so humbled themselues vnto him as they were reconciled and receiued to grace againe all comming home togeather in one shipp saith VValsingham whom a little before it seemed that the wide world could not containe 21. And this was the effect of K. Henries deuotion at that time which Petrus Blesenâ—is also that was most inward with him doth â—estifie recouÌ„t at large in an epistle to his freind the Archbish. of Palermo in Sicilie wherin hee affirmeth not onlie that K. Henry assured himself that hee had all these good successes by intercession of the said holy martyr S. Thomas but moreouer that hee tooke him for his speciall Patron in all his aduersities Illud quoqâ—â— noueritis saith he Dominum Regem gloriosum martyrem in omnibus angustijs suis Patronum habere praecipuum This also you must know that my Lord the King doth hold the glorious martyr S. Thomas for his cheife Patrone in all his straites and necessities and the same you may read in Nubergensis that liued at the same time though not so intrinsecall with the King as the other And this passed at that tyme though afterward he committing his said Q Eleanor to prison for diuers years before his death and continuing his loose life with other women as hath byn said God for punishment permitted that albeit two of his sonnes Henry and Geffrey died before him yet the other two remaining Richard and Iohn and falling from him againe did so afflict and presse him as they brought him to that desolate end which before hath byn mentioned Though some other doe ascribe the cause heerof not so much to his loose life as to his irreuerent dealing sometymes in Church-matters For so two Bishops that were his Embassadours wrote vnto him in confidence as Petrus Blesensis doth testify saying Non est quod magis hostes vestros incitat ad conflictum quam quod arbitrantur Vos Ecclesia Dei minus extitisse deuotum There is nothing that doth more stir vp or animate your enemyes to fight against you then for that they persuade themselues that you haue sometymes shewed your self lesse deuout towards the Church of God And thus much of K. Henry OF THE RAIGNE OF K. RICHARD THE FIRST The sixt King after the Conquest §. II. 22 For that we haue byn somewhat large in the life of K. Henry the Father we meane to be breefer if it may be in his children who were only two that seruiued him and raigned after him to wit Richard Iohn for that the two other Henry that was crowned and named by him K. Henry and Geffrey Duke of Brittany after their many tumultuations conspiracies disobediences against their said Father died in his life tyme and of these two that liued he had little comforte as before you haue heard 25. And yet proued this Richard no very euill King afterward for the space of ten years that he raigned though vnfortunate both in warre and peace which men ascribe in great parte to the demerit of his owne disobedience against his said Father For punishment wherof both his owne brother Iohn conspired often against him and K. Philip of France hir colleage and confederate brake his faith with him and the Duke of Austria persidiously tooke and held him prisoner in his returne from Ierusalem and Henry the Emperour laid him in fetters and many other miseries followed and fell vpon him vntill at length he was disasterously slaine by a poisoned arrow shot out of a Castle against him as our histories doe testifie 24. But as for his religion it was all wayes truly Catholicke in no point different from that of all Christendome in his dayes And particularly in that which appertaineth to our controuersy he was most obedient deuout to the spiritual authority of the Sea Apostolicke in all his actions which I may proue by the authority of a whole Synod of the Archbishop of Roane and all his Bishops writing to Pope Celestinus the third in recomendatioÌ„ of his cause when he was Captiue sayinge Christianissimus Princeps Rex Angliae illustrissimus Dominus noster deuotissimus Ecclesia Romanae filius quem specialiter in suam protectionem susceperat in sua peregrinatione c. The most Christian Prince Richard King of England and our most honorable Lord and most deuout sonne of the Romaine Church whome the said Church had specially taken into her protection in his iourney to Ierusalem is now vniustly detained c. 25. But if this testimony were not yet all his other life and actions as hath byn said doe sufficiently testifie the same For first to goe in order and name some few of many it is registred by Houeden that liued at that tyme and was present perhaps at his coronation how religiously and humbly he receiued the same at the hands of the Archbishop and Clergy not calling himself King but Duke only vntill he was crowned Cum autem Dux saith he ad altare veniret c. When the Duke came before the Altar in presence of the Archbishops Bishops Clergie and people he first fell downe
what agreements haue byn made these dayes publikely betweene the excellent Lord Tancred King of Sicilie and vs. And then after recitall of all particularityes he endeth thus testibus nobisipsis vndecimo die Nouembris apud Messanam We our selues being witnesse of this agreement the eleuenth day of Nouember at Messina 32. But when K. Richard soone after departing thence was arriued in Asia and had begun most prosperously his warrs against the Infidels the Deuill enuying his good successe stirred vp first seditioÌ„ in England by means of Iohn the Kings brother who perceiuing diuers to enuy the Greatnes of the Bishop of Ely left gouernour by the King and some Bishops also to be in faction against him began to make great stirs And on the otherside the same enemy of mankind castinge ielousies betweene K. Philip of France and the said King Richard did seperate them at last whervpon ensued the returne of the said King Philip with intention to inuade King Richards Dominions and to set vp his brother Iohn in his place as the sequele declareth 33. But Pope Celestinus the 3. that had succeeded in the place of Pope Clement lately deceased vnderstanding of the former conspiracie and faction against the Bishop of Ely in England wrote a vehement letter against the same to all the Archbishops Bishops and Clergie of England saying among the rest Cum dilectus in Christo filius noster Richardus c. wheras our deerly-beloued soÌ„ne in Christ Richard noble King of England when he resolued by taking vpon him the signe of the Holy crosse of Christ to reuenge the iniury of his redeemer in the Holie land left the tutele and care of his Kingdome vnder the protection of the Sea Apostolicke we that haue succeeded in that Sea haue so much the more obligation to coÌ„serue the State of the said Kingdome the rights and honours of the same by how much greater confidence he placed in our protection and thervpon hath exposed his person riches and people to greater perils for exaltation of holy Christian religion c. Wherfore vnderstanding of certaine troubles lately moued by Iohn Earle of Morton and certaine others combined with him against your honourable Father VVilliam Bishop of Ely Legat of the Sea Apostolicke and Gouernour of your Realme Vniuersitati vestrae per Apostolica scripta mandamus in virtute obedientiae praecipimus c. We doe by these Apostolicke writings giue commaundement to your whole community Realme and charge the same in the vertue of obedience that all men surcease from like practise of conspiration turmoyle or faction c. giuen at our pallace of Lateran the 4. day before the Nones of December in the first yeare of our Popedome And by this you may see what authority he tooke himself to haue ouer all England and Bishops and Princes therof at that day 34. The which is yet more declared by that which soone after ensued for that the foresaid Earle Iohn and other Lords and Bishops combininge themselues with him hauinge proceeded yet further in that quarrell by coÌ„mon consent of all the Realme as it seemed depriued the said Bishop of Ely of his office of Gouernour imprisoned him and driuen him out of England and elected in his roome VValter Archbishop of Roane for gouernour of the Realme they were no lesse carefull to send presently to excuse iustifie the matter vnto Pope Celestinus then they 〈◊〉 to the King himself for his satisfaction All which appeareth by a large letter written from Rome to the said Archbishop by his agents that were there who aduertized him how euill the matter was taken by the said Pope Celestinus Dominus Papa say they in restri depressione negotij plurima indignanter cum amaritudâ—ne proponebat c. The Pope did propose very many things with indignation and amaritude of mind to the depression of your affaire iterating many tymes that he knew the great affection confidence of the King of England towards his Chauncelour and Gouernour the Bishop of Ely and that he had seen many letters of the said King in his commendation but none against him that at his earnest instance the Sea Apostolike had made him also Legat à latere And that finally he absolued him from the sentence of excommunication which the said Archbishop of Roâ—â— had laid vpon him and for the rest he would expect the Kings inclination who being soone after taken prisoner in Germany sent presently for the said Chauncellour to come vnto him and made great vse of him for he was not only his interpreter betweene the Emperour and him and other Princes but he sent him also into England not as Chauncellour or Gouernour but as Bishop of Ely to lay the plot for his ransome 35. And I might recount many other examples of the same iurisdiction exercised in England by the same Pope without contradiction of any man in the absence of the said King though Earle Iohn the Kings brother was present and very potent amoÌ„g them and no great freind to the Pope as by the former letter may be imagined and who finally did driue out of England the said Bishop of Ely but yet neuer obiected or put doubt in the Popes authority about any Ecclesiasticall matter that there fell out As for example vpon the yeare 1191. which was the very next after the Kings departure Nubergensis liuinge at that time recounteth how Geffrey the Kings base brother hauing byn longe beyond the seas suing at Rome to be admitted to the Archbishopricke of Yorke and to haue his Pall which Pope Clemeâ—â— would not graunt for diuers obiections and appealles made against him as well by Baldwyn Archbishop of Canterbury as you haue heard as also by others and namely the Bishop of Ely that was Gouernour of the land being much against him yet now vpon King Richards commendation and his owne many 〈◊〉 promises Pope Celestinus so much fauoured him saith Nubergensis as he gaue him his pall before he was consecrated and sent him to be consecrated by the Archbishop of Towers in France commaunding him vt ei non obstante vel appellatione vel occasione qualibet manus imponeret that he should by imposition of hands coÌ„secrate him notwithstanding any appellation or other occasion whatsoeuer to the contrary And so he did and he came into England and tooke possession of the said Archbishopricke and enioyed the same by this authority of consecration and inuestiture from Pope Celestinus notwithstanding all the contradiction and opposition of his potent aduersaryes as in the same Author at large is set downe 36. And when not longe after this againe the said Archbishop Geffrey requiring Canonicall profession of obedience to be made to him and his Sea accordinge to custome at the hands of Hugh Bishop of Durham who had purchased before of King Richard an Earl-dome to be annexed to his said Bishopricke and that the said Hugh refusing to doe the same vpoÌ„
ratas haberet donationes quas fecerat Rex in Eboracensi Ecclesia Dominus Rex redderet ei Archiepiscopatum suum cum omni integritate c. These Bishops were to demaund in the spirit of humulity on the Kings behalfe that the said Archbishop would ratifie and make good all the donations or gifts which the King had bestowed in the Church of Yorke during the time he had with-held his Archbishopricke that there vpon the King would restore vnto him his Archbishopricke with all integrity But the Archbishop demaunded first of these Bishops sent vnto him whether they would vnder their hands and writings assure him that he might doe it in conscience but they refusing he refused also to graunt the Kings request and therevpon appealed againe to Rome and went thither in person and the King on his side sent Proctors and Aduocats thither to plead for him as Houeden at large declareth And moreouer to bridle him the more he besought the Pope to make Hubert then Archbishop of Canterbury Legat of the Sea Apostolike ouer all England 47. And agayne both this Author and Nubergensis doe declare how the foresaid VValter Archbishop of Roane that had byn so great a friend of K. Richard euer since the beginning of his raigne and had gone with him to Sicily and returned againe to England for pacifying of matters between the Bishop of Ely that was Gouernour the Earle Iohn and moreouer had also byn Gouernour of England himself after King Richards Captiuitie had not onlie laboured for him as you haue heard by his letter to the Pope but went also in person to assist him in Germanie and remained there in pledg for him this man I say receiuing disgust at length from the said King for vsurping vpon certaine lands and liberties of his in Normandy he brake with him appealed to the Pope went to Rome against him and the King was forced to send Embassadours to plead for himself there against the other who pleaded so well saith Nubergensis alleadging the Kings necessitie for doing the same as the Pope tooke the Kings parte and tolde the Bishop openlie in publike Consistorie that he ought to beare with the King in such a necessitie of warre which being once past matters might easilie be remedied And thus much for the Popes authoritie acknowledged and practised during the raigne of this King Richard the first out of which M. Attorney found no probable instance at all to be alleadged to the contrarie and therfore made not so much as mention of any OF THE RAIGNE OF KING IOHN VVho was the seauenth King after the Conquest §. III. 48. Of this King being the last sonne of K. Henry the second we haue heard much before vnder the name of Earle of Morâ—â—â— which may declare vnto vs the quality of his nature and condition to wit mutable and inconstant but yet vehement for the while in whatsoeuer he tooke in hand indiscreet also rash and without feare to offend either God or man when he was in his passion oâ— rage This appeareth well by his many most vnnaturall and treasonable actions against his kind and louing Father whilest he liued wherby he shortened his said Fathers life as before hath byn related And the same appeareth yet more in a certaine manner by his like attempts against his owne brother both when and after he was in captiuity which brother notwithstanding had so greatly aduaunced him and giuen him so many rich States in England as he seemed to haue made him a Tetrarch with him say our English authors that is to say to haue giuen him the fourth parte of his Kingdome which notwithstanding was not sufficient to make him faithfull vnto him 49. This man then succeeding his brother Richard with whom he was beyond the seas when he died laid hands presently on the Treasure and fortresses of his said brother and by the help of two Archbishops especially to wit VValter of Roane in Normandy and Hubert of Canterbury in England he drew the people and nobility to fauour him and was crowned first Duke of Normandy by the one and then King of England by the other when he was 34. yeares old and held out in the said gouernmeÌ„t with great variety of state and fortune for 18. yeares old togeather The first six with contentment good liking of most men the second six in continuall turmoile vexation and with mislike of all and the thiâ—d six did participate of them both to wit good and euill though more of the euill especially the later parte therof when his nobility and people almost wholy forsakinge him did call in and crowne in his place Lewes the Dolphin Prince of France pretended to be next heire by his wife the Lady Blanche daughter to the said K. Iohns sister Queene of Castile which brought K. Iohn to those straites as he died with much affliction of mind as after you shall heare 50. To say then somewhat of ech of these three distinctions of tyme noting some points out of them all that appertaine to this our controuersie with M. Attorney you haue heard in the end of K. Richards life how VValter Archbishop of Roane appealed to Pope Innocentius against the said King for seasing vpon certaine lands of his and namely the Towne of Deepe which Innocentius commaunding to be restored K. Iohn obayed and made composition with the said Archbishop vpon the yeare of Christ 1200. which was the second yeare of his raigne as Houeden reporteth restoring him Villam de Depa cum pertinentijs suis The Towne of Deepe with the appurtenances and diuers other things which the said author setteth downe shewing therby the obedience of K. Iohn to the Popes ordination 51. Moreouer there falling out a great controuersie between Geffrey Arcbishop of Yorke K. Iohns brother and the Deane and Chapter of the said Church and both parties appealing to Rome Pope Innocentius appointed the Bishop of Salisbury and Abbot of Tewxbury to call them before them in Church of VVestminster and determine the matter so they did made them freinds the King not intermedling in any part therof though the matter touched his brother and concerned his owne Ecclesiasticall supremacy if he had persuaded himself that he had had any And the verie same yeare the Bishop of Ely and the Abbot of S. Edmunds-bury were appointed Iudges by the said Pope in a great cause between the Archbishop and monks of Canterbury which they determined publikelie Vt Iudices à Domino Papa constituti saith Houeden as iudges appointed from the Pope without any dependance of the King at all though their cheife controuersie was about the priuiledges and proprieties of lands lordships and officers of theirs to wit of the said Archbishop and Monkes 52. And wheras the foresaid Hubert Archbishop of Canterbury with the rest of the Bishops summoned a generall Synod in England for ordaining many thinges according to the neede or
necessitie of the English Church and the King by euill 〈◊〉 saile of some went about to let the said Synod forbidding the same by his supreame Iusticer which was the highest power at that time vnder the King the said Archbishop admitted not the prohibition Archiepiscopus saith Houeden generale celebrauit Concilium Londonys apud VVestmonasterium coÌ„tra prohibitionem Gaufredi filij Petri Comitis de Essexia tunc temporis Summi Iusticiarij Anglia The Archbishop did celebrate a general Councell at VVestminster in London against the prohibition of Geffrey the sonne of Peter Earle of Essex which at that time had the office of the cheife Iusticer of England So as we see that they followed not the Kings inclination in this spirituall affaire but held their Councell and finished the same notwithstanding the former secular prohibition of the supreme Iusticer And Houeden that was then liuing setteth downe all the Canons and Ordinances at large of the said Councell which had these words in the end of euery one seuerally repeated Saluo in omnibus Sacrosanctae Romanae Ecclesiae honore priuilegio sauing in all points the honour and priuiledge of the holy Church of Rome Which was the sooner added for that the general Councell of Lateran in Rome was shortely after to ensue which might adde take away or alter whatsoeuer should seeme best to the Decrees of this Nationall Councell 53. Neither is there read any thing to haue byn done or said against this by the King though it is like that some of his Counsell did egge him against it as may appeare by the said prohibition of his Iusticer before mentioned Nay not only was K. Iohn obedient to the Church her authority at this time but otherwise also shewed himself very deuout pious by many wayes to which purpose among other things it is recorded by this author that when S. Hugh Bishop of Lincolne who was held for a great Saint all dayes of his life lay on his death-bed at London King Iohn went vnto him to visit him with great deuotion and confirmed his testament which he had made of his goods in fauour of the poore and promised moreouer to God in his presence that during his life he would alwayes confirme and ratifie the testaments of English Bishops and Prelates made to that effect 54. And the same author recounteth furthermore that nâ—â— longe after this the King being at Lincolne twelue Abbots of the Order named Cistercienses comming vnto him fell downe at his 〈…〉 of his 〈…〉 ence all their cattle 〈◊〉 in the same 〈…〉 whom the King said that they should rise vp 〈…〉 saith our author diuina inspi 〈…〉 cecidit 〈…〉 omiam postulant c. And then the King himself by the inspiration of Gods holy 〈◊〉 fell downe vpon 〈◊〉 on the ground before their feete making them pardon for the iniury done to them by his officers And from that day forvvard he graunted them that all their 〈◊〉 should feed freely in his forrest And moreouer he willed them to seeke out a fit place in the Kingdome where he might buyld them a monastery for his deuotion and so he did founding both that and 〈◊〉 others as the monasteryes of Farendon â—â—â—â—ayles 〈◊〉 and VVâ—â—x-hallâ— so as if he had continued in the course of piety and moderation in life he had byn a notable King towards which he had many good partes 55. But about the 7. or 8. yeare of his raigne he began greatly to change his coÌ„ditions to the worser partâ— which some ascribe 〈◊〉 to the death of Queene Eleanor his mother vpon the sixth yeare of his raigne to whom he bare respect as long as she liued and her death was thought to be hastened by the affliction she tooke of K. Iohns cruelty towards Arthure Earle of Brittany her Nephew who being a goodly young Prince of 17. yeares old was made away in the Castle of Roane in the yeare 1203. by poison as some men thinke but as the King of France maintained before Pope Innocentius he was slaine by K. Iohns owne hands and his younger sister carried prisoner into England kept in Bristoâ— Castle where she pined away though both these pretended to be neerer the Crowne of England then K. Iohn himself for that they were the children of his elder Brother Geffrey by marriage Earle of Brittany 56. From this beginning then of domesticall bloud K. Iohn fell into his other rages of disâ—reâ—â—â—â— life and namely against the Church and Church-men 〈◊〉 wherof this particular occassion fell ouâ—â— that the foresaid 〈◊〉 Archbishop of Canterbury being dead vpon the youâ—◠〈…〉 the King desiring to prefer to that 〈◊〉 one Iohn Gray Bishop of 〈◊〉 whom he greatâ—â—◠〈…〉 principall monkes of the 〈…〉 election appertained to 〈…〉 for that 〈…〉 Canterbury to further that election by his owne presence And the monkes 〈…〉 cretly they had chosen another before whose name was 〈◊〉 Sub-prior of the house and with the same secresie had 〈…〉 away towards Rome for his confirmation with oath 〈◊〉 should not disclose himself vntill he came thither yet 〈◊〉 ly vpon offence taken with him for discouering himself 〈…〉 election in Flaunders and partly vpon the instance and 〈…〉 the King present they chose the said Bishop of Norwich 〈◊〉 him his letters of election in like manner with which the King presently sent him away to Rome adioyning speciall messengers of his owne to commend him to Pope Innocentius by all meâ—â—es possible for his admittance 57. But the Pope seeing two elections made by the monkâ—â—◠〈◊〉 two seuerall men and that the Couent was deuided vpon the matter he persuaded them for concordes sake to choose a 〈◊〉 and to leaue the former two and so at last they did and tookeâ— certaine English Cardinall then in Rome named Stephen Longâ—â—â— a man of great learning and most commendable life but not knowne or liked by the King both for that he had byn brought vp in the vniuersityes of France and not of England and for that the King could not brooke that the election which he had â—â—â—cured with so great diligence of the Bishop of Norwich should be reiected whervpon he fell into so great distemper of passion as was lamentable For first hauing made proclamation that the said Cardinall elected Archbishop and confirmed by the Pope and sent into France should not come into England 〈◊〉 receiued by any man vnder paine of death he sent his officers to CaÌ„terbury to sease both on the laÌ„ds of the Archbishopricke â—â— also of the monkes and to driue them out of the Realme with all the shame and vexation that might be and so they did And the said expulsed monkes were forced to fly ouer the sea to 〈◊〉 and liued for the time in the monastery of S. Berlin in that Ciâ—â—â— and the King commaunded to be put into that Couent 〈◊〉 religious men of the order of S. Angustine and more then this 〈◊〉 to that exasperation
out of King Henry which shall goe in this owne words as before we haue accustomed The Attorney In all the time of K. Henry the third and his progenitours Kings of England and ouer sithence if any man doe sue afore any Iudge Ecclesiasticall within this Realme for any thing wherof that court by allowance and custome had not lawfull Conusaunce the King did euer by his writ vnder the great seale prohibite them to proceed And if the suggestion made to the King whervpon the prohibition was grounded were after found vntrue then the King by his writ of consultation vnder his great seale did allow and permit them to proceed Also in all the raigne of Henry the third and his progenitours Kings of England and euer sithence if any issue were ioyned vpon the loyalty of marriage generall bastardy or such like the King did euer write to the Bishop of that Diocesse as mediate officer minister to his courte to certifie the loyalty of marriage bastardy or such like all which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and commaundement and that one of the Courts were so necessarily incident to the other as the one without the other could not deliuer iustice to the parties as well in these particular cases as in a number of cases before specified wherof the Kings Ecclesiasticall Courte hath iurisdiction Now to commaund and to be obayed belonge to soueraigne and supreme gouernment c. The Catholike Deuine 28. The conclusion or inference vpon this narration must be noted by the Reader to be M. Attorneys owne and not to be taken out of any other lawyers booke as the former parte of the narratiō is that telleth vs how the King appointeth that ech Court both spirituall and temporall shall handle matters and causes proper and peculiar vnto them and the one not to intrude it self into the affaires of the other and to this effect are his vvrits appointed of prohibition where matters are assumed which ought not in that Courte to be treated and of consultation to will them to proceed when their right is knowne All which maketh for vs shewing that the King would haue the subordination between these two Courts to be obserued and the spirituall to direct the temporall where any one thing might belonge vnto them both As for example if any man were impeached of bastardy thervpon his inheritance were claimed by another the Ecclesiasticall Court was first to giue sentence of the marriage whether it were lawfull or no then according to that sentēce was the tēporal Court to giue possession or not of the inheritāce 29. And that this was the true sincere meaning of the law at that time intending therby to shew the excellency and prerogatiue of the Bishops spirituall Courts aboue the Kings temporall is plaine and euident by an other Statute of this maner which M. Attorney would not see made in the 9. yeare of King Henry the 6. where it is ordained in explication of the former that when any such Plea of bastardie is held in any Courte of the Kings the Iudges therof shall make proclamation once in their Courte the Chauncelour of England certified therof by them shall cause to be made 3. seuerall proclamatiōs in 3. seuerall moneths in the Chaūcery That al persons pretending any interest to obiect against the party shall sue to the Ordinary or Bishop to whom the writ of certificate from the said Iudge or Iudges is or shall be directed to make their allegations and obiections against the party as the law of Holy Church requireth And that without this forme obserued al other processe shal be voide c. 30. And by this we may see how carefull the auncient lawes were to haue the spirituall Courte as the superiour well informed according to the law of Holy Church and how not only ordinary Iudges but the Chauncellour of England himself his highest Court of Chauncery was appointed to serue vnto this for that of the spirituall Courts iudgement depended in all such causes the iudgement of the temporall Courts And by this you will se also the vaine sleight of M. Attorney in telling vs that the King did euer write vnto the Bishop of that Diocesse as mediate officer and minister to his Courte to certifie the loyaltie of marriage c. For where doth he find in any ancient law at all those words as mediate officer and minister to his Courte in the latine himself leaueth out the words to his Courte though in calling the Bishop mediate officer or minister which is as much to say as superior officer for that in mediation and subordination of officers and ministers that gouerne the mediate hath the higher roome in respect of the people and Court wherof he is officer he includeth a contradiction against himselfe for then is the said Bishop also aboue all immediate temporall Iudges that must giue him certificate wherof the Chauncellour we se is one euen in the Kings temporall Courts themselues 31. But the inference is much more subtile when M. Attorney saith All which doe apparantly proue that those Ecclesiasticall Courts were vnder the Kings iurisdiction and cōmaundement But M. Attorney must not so huddle vp iurisdiction and commaundement for that no man will deny but that all sortes of persons as before hath byn said are vnder the cōmaundement gouernement of the temporall Prince whom he may commaund ech one to doe their office duty in the Cōmon-wealth And so may he appoint Ecclesiastical Courts to notifie their sentences iudgements proceedings to his Courts his Courts to informe the Ecclesiastical Courts for good mutuall correspondence between them both which we graunt also to be necessary in euery Common-wealth 32. But iurisdiction which M. Attorney craftely confoundeth heer and shuffleth vp with commaundement is a far different thing importing a higher authority in the same kinde as if the temporall Prince haue iurisdiction Ecclesiasticall vpon Bishops and their spirituall Courtes then doth it follow that all their power in spirituall matters is subordinate to him and deriued from him and so were there no necessity of this distinction and subordination of spirituall and temporall Courts For that the Prince hauing both powers in himself might giue the same vnto any temporal Iudge to decide Ecclesiastical matters also in his Court which yet M. Attorney doth often deny that the Common-lawes can take conusaunce of such affaires And surely it is worth no lesse then laughter to heare him repeat so often The Kings Ecclesiasticall Courte as though this were sufficient to proue the Kings Ecclesiasticall authority in those Courts for that all Courts are the Kings Courts in that they are vnder his protection gouernement and direction and to the vse and profit of his people And so were also the Ecclesiasticall Courts of King Henry the third in this sense who yet chalenged no spirituall authority therin as by
iudge of such possessions as depend of legitimation we commaund your brotherhoods that leauing the iudgment of the said possessions to the King and his Courts you examine onlie the principall cause concerning the loialtie of the marriage it self and determine the same 43. Heerby then wee see first that M. Attorney alleadging this instance hath alleadged nothing at all against vs or for himself For that when the Earls and Barons refused to change the laws of England concerning inheritance vpon legitimation they said no more then is allowed them by the Canon-law it self as you haue heard And how will M. Attorney inferre of this that K. Henry the third held himself to haue supreme authority ecclesiasticall for that this must be his conclusion out of his instance or els he saith nothing 44. And it shall not be amisse to note by the way how these men doe vse to ouer-lash in their asseueratioÌ„s to help their feeble cause thereby By the auncient Canons and Decrees of the Church of Rome saith he the issue borne before solemnization of marriage is as lawfull and inheritable marriage following as the issue borne after marriage But this is not sincerely related For the Canon-law as you haue heard putteth diuers restrictions both in the persons to be legitimated and in the ends and effects whervnto they are legitimated as also concerning the Countries Kingdomes wherin they are legitimated Of all which variety of circumstances and considerations M. Attorney saying nothing his intention therin may easily be ghessed at And so much for this matter OF THE LIVES AND RAIGNES OF KING EDVVARD The first and second Father and sonne And what arguments M. Attorney draweth from them towards the prouing of his purpose CHAP. XI HAVING now come downe by orderly descent of seauen hundred yeares more of the raignes of our Christian English Kings shewed them all to haue byn of one and the self same Catholicke Roman religion comforme also in the point of this our controuersie about the acknowledgement and practise of the spirituall power and authoritie of the Sea Apostolicke in England concerning ecclesiasticall affaires And hauing declared the same so largely as you haue heard in three Henries since the Conquest of famous memory and authoritie aboue the rest and the last of them author also and parent of all Statute-law in our Realme we are to examine now in order three Edwardes lineally succeeding the one to the other and all three proceeding from this last named Henry Vnder which Edwardes and their ofspring M. Attorney preteÌ„deth more restraint to haue byn made in some points of the Popes externall iurisdiction then vnder former Kings which though it be graunted vpon some such occasions as after shal be shewed yet will you fynd the matter far shorte of that conclusion which he pretendeth to maintayne that hereby they tooke vpon them spirituall soueraingty in causes Ecclesiasticall You shall see it by the triall OF KING EDVVARD THE FIRST VVhich vvas the nynth King after the Conquest §. I. 2. When King Henry the third dyed his eldest sonne Prince Edward was occupied in the wars of the Holy land being then of the age of thirty three yeares who hearing of his Fathers death retourned presently homeward and passing by the Citty of Rome found there newly made Pope Gregory the tenth called before Theobald with whome in tymes past he had familiarly byn acquainted whiles he was Legate for his predecessor Vrbane the fourth in the said warrs of the Holy-land who receaued him with all honour and loue and graunted vnto him saith Stow the tenth of all Ecclesiasticall benefices in England as well temporall as spirituall for one yeare the like to his brother Edmund for an other in recompence of their expences made in the Holy-land Whervpon when the next yeare after the said Gregory called a generall Councell at Lions in France which was the second held in that place of aboue fiue hundred Bishops and a thousand other Prelates King Edward sent also a most honourable embassage thither both of Bishops and Noble-men 3. This King Edward beginning his raigne in the yeare of Christ 1272. continued the same for almost 35. yeares with variable euents For as he was a tall and goodly Prince in person high in stature and thereof surnamed Long-shanke so was he in mynd also no lesse war-like haughty earnest and much giuen to haue his owne will by any meanes whatsoeuer when once he set himself theron though yet when he was in calme out of passion he shewed himself a most religious and pious Prince 4. Of the later may be example among other things his speciall deuotion to the Blessed Virgin mother of our Sauiour which both Mathew VVestminster and VValsingham doe recount from the very beginning of his raigne doe coÌ„tinue the same throughout his life by occasion of many strange and miraculous 〈◊〉 from imminent dangers which himself ascribed to the said dâ—uotion and to our Blessed Ladies speciall protection Wherevnto may be referred in like maÌ„ner the piety of the said King shewed in diuers other occasions As first of all when in the first yeare of his raigne he voluntarily set forth published and confirmed the Great Charter made by his Father in fauour of the Church saying as in the said Charter is to be read Pro salute animae nostrae animarum antecessorum successorum nostroruus Regum Angliae ad exaltationem Sanctae Ecclesiae emendationem Regni nostri spontanea bona reluntate nostra dedimus concessinius c. We haue giuen and graunted freely of our owne good will this Charter for the health of our soule and of the soules as well of our predecessours as successours Kings of England to the exaltation of holy Church and amendment of our Kidgdome c. 5. And the like piety he shewed in many other occasions in like manner as namely when he being in his iourney with a great army towards Scotland and his wife Q. Eleanor daughter to King Ferdinand the third of Spaine surnamed the Saint a most vertuous religious Lady falling sicke dying neere the borders therof he leauing his course retourned backe with her dead body to London Cunctis diebus vitae suae eam plangebat saith Walsingham Iesum benignum iugis precibus pro ea interpellabat eleemosynarum largitiones Missarum celebrationes pro ea diuersis Regni locis ordinans in perpetuum procurans The King did bewayle this Queenes death all the dayes of his life and did by continual prayers call vpon mercifull Iesus to vse mercy towards her ordeyning great store of almes to be giuen for her as also procuring Masses to be said for her soule in diuers partes of the Kingdome 6. And moreouer in all the places where the said body rested as it came to London he erected great goodly crosses in her memory Vt à transeuntibus saith VValsingham
note more diligently such matters doe in great parte faile vs. For that Mathew of VVestminster endeth with King Edward the first as the other Mathew Paris before him did with this mans father K. Henry the third and Roger Houeden before him againe with K. Iohn and VVilliam Nubergensis Petrus Blesensis before them with K. Richard â— VVilliam of Malmesbury Henry Huntington as also Florentius VVigorniensis with his continuance made an end of their historyes partly vnder K. Stephen and partly vnder K. Henry the first so as now downe-ward from this King Edward the second we shall only haue Raynulph of Chester and Thomas VValsingam for the most ancient writers of this time that doth ensue who yet are nothing so copious or diligent as diuers of the former 41. This Edward therefore second of that name and surnamed of Carnaruan for that he was borne in that towne of VVales when his Father lay with an army in those partes to reduce that countrey to subiection as he did who being of the age of twenty three yeares when his father dyed vpon the borders of Scotland in the yeare 1307. receauing two speciall things in charge saith VValsingam from his Father vnder paine of his curse The first that the should prosecute presently and end the enterprize began against Scotland before he went to London or procured to be crowned the second that he should not touche or waste but send to the holy land a certaine summe of money which his said Father had layed togeather for the assistance of that warr to the which he had purposed to goe himself in person if he had liued Wherevnto Iohn Stow addeth a thirde in these wordes His father charged him on his curse that he should not presume to call home Pierce of Gaueston by common decree banished without common consent c. Notwithstanding all these admonitions and threats this careles young Prince performed no one thing of the three but got himself presently into France and there was married in Bullen vnto Lady Isabell only daughter of Philip the fourth surnamed the faire King of France and in that marriage and triumphe therof spent the foresaid money which prospered afterwarde accordingly for that this marriage and wife was the cause and occasion not only of his ouerthrow and miserable ruine but of all the warrs in like manner that ensued for many yeares after betwene France England For that shee being the only daughter and heire as hath byn said to the King of France her sonne Edward the third in her title began first the said warrs which brought finally the losse not only of that which was gotten of new but of all the rest that we had before in France and shee taking a deepe disgust with her said husband for his disordinate affection to Pierce Gaueston whome presently after his fathers death he recalled from banishment the two Spencers and others misliked by her and the greater parte of the Realme shee finally after many troubles warrs insurrections and great store of Noble-men cut of and destroyed on both partes preuailed against the said King her husband and hauing on her side the authority of her young sonne the Prince and all his followers did put downe the said King depriued him of his crowne sett vp her young sonne in his place committed the other to prison where soone after he was pitifully murthered And these are the varietyes of worldly fortunes these the frailtyes and vncerteintyes of earthly Greatnes And where King Edward placed all his pleasure from the same spring issued forth the beginning and progresse of all his miserie 42. But as for his religion and iudgement therein notwithstanding all other his errours in life and behauiour that it was constantly Catholicke according to that which he had receaued and inherited from his Ancestours no doubt can be made at all For that the whole State of his realme touching Ecclesiasticall affaires remained as he found it and as it had continued in the tymes of his progenitours and that the Bishops of Rome had generall authority ouer England in his dayes not only in meere spirituall iurisdiction which all the Bishops of England professed to receaue from him but also in externall disposing when he would of Bishoprickes and other Prelacies notwithstanding all the complaints made in his Fathers and Grand-fathers tymes about that matter may be made euident by many examples 43. For first we reade that in the yeare 1311. when Pope Clement the fifth in a Councell at Vienna in France vpon many graue and vrgent causes as was pretended alleadged did put downe the whole order of knights called Templarij for that their first institution was to haue care to defend the Temple of Ierusalem against infidells and did appoint their lands which were many and great to be giuen to an other newer order which then begun named Hospitalary for that they had the care of the hospitals wherein Pilgrims were receaued which now are the knights of S. Iohn of Malta albeit this matter were of such importance and consequence for that the persons were many and of nobility and their possessions great as hath byn said yet was that Decree obeyed in England without resistance and the persons depriued and put to perpetuall pennance in a Councell at London anno 1311. and their said lands and goods giuen to the other sorte of knights and confirmed by Parlament in London 13. yeares after to wit in the yeare of Christ 1324. which was the 17. of King Edwards raigne as VValsingam and others doe testifie which well declareth what the Popes authority was at that day in England 44. Againe we reade that in the yeare 1319. which was the 12. of this Kings raigne great warre being betwene England Scotland King Edward had procured that Pope Iohn the 22. should send two Cardinall-Legates into England to examine the matter how it stood and to punish by Ecclesiasticall Censures that party that should be found stubborne and repugnant to reason Wher vpon finally hauing heard both sides and finding Robert Bruse King of Scotland to haue offered iniuryes to the King of England they pronounced sentence of excommunication against him and put the whole Kingdome vnder interdict For releasing wherof the said King Robert and the State of Scotland 4. yeares after sent a solemn embassage to the Pope to wit the Bishop of Glasco Earle of Murray which being vnderstood by King Edward he sent also a messenger on his behalfe to contradicte the same And albeit him Embassadour saith our Story in dignity were but a simple Priest yet so many reasons and accusations he alleadged against themâ— or K. Edward and his câ—uâ—e as the Scottish Embassadours â—â—ld obteyne no release at that time And this for the Popes auâ—â—â—â—â—â—y in those dayes for publicke affaires 45. But as for priuate matters of England especially the disposing of Bishoprickes confirmation inuestitures of all Bishops 〈◊〉
strangers that had benefices or Ecclesiasticall liuings within the Realme both religious and other To which consideration he had these particular motiues peculiar to his time and state that he hauing for some yeares before proclaimed himself King of France and taken the Armes and Title of that Kingdome vpon him as due vnto him by succession for that he was next heire male in bloud to King Philip the 4. surnamed the faire that by his mother Queen Isabel was his Grandfather and all the Popes at that time being French-men and lying at Auinion in France for seauenty yeares togeather and the most parte of the Cardinals and Courte being in like manner of the same natioÌ„ that were ordinarily prouided by the Popes of benefices and Bishopricks in England and therby not fit as was pretended to teach preach or reside there King Edward besides the regard of other inconueniences entred into ielousie also of state thinking that these men were enemyes to his pretences in France and therevpon was the more pricked to make the prohibitions and lawes which he did 4. But yet writing first therof to the Pope himself in most humble and dutifull manner requesting redresse and remedy immediately from that Sea as by his letters yet extant doth appeare vpon this occasion saith VValsingham for that Pope Clement the 6. which once had byn Archbishop of Roane in Normandy a man of eminent learning but of profuse liberality made prouisions vnto two French Cardinals for their maintenaunce of two thousand markes a yeare vpon Bishopricks and Abbeys in England without the Kings knowledge or consent wherwith he being much offended commaunded first the Procurators of the said Cardinals to surcease and departe the land vpon paine of imprisonment then wrote vnto the said Pope that famous letter saith our Author for the liberty of the Church of England which he and others doe set downe The Title wherof is this Sanctissimo in Christo Patri ac Domino Domino Clemanti diuina prouidentia Sacrosancta Romana Vniuersalâ—◠〈◊〉 Summo Pontifici Edwardus eadem gratia Rex Francia Anglia c. â—â—â—uota pedum oscula beatâ—rum 5. This is the Title and inscription of his letter whereby wee may see what account he made of the Sea Apostolicke and Bishop thereof And in the prosecution of the said letter he layeth downe first how all the Bishopricks Prelacyes and benefices 〈◊〉 England being founded by the deuotion of Christian Kings â—ishops and Noble-men therof to the end that the people might be instructed the poore releiued the Churches serued the Princes assisted by Counsaile and help of the said Prelates according to that we haue heard touched before in the Statute of Carliele vnder this mans Grand-father and otherwise often repeated vpon other occasions all these good ends were said now to be euacuated by that the Sea Apostolike reseruing the collâ—tions of such spirituall liuings to the Courte of Rome vnfit men strangers for the most parte were preferred and therby English-men discouraged and damnified the patrons of benefices depriued of their right of presentation many other such inconueniences ensued 6. Wherfore considering all these points saith the King Pâ—â—sata etiam deuotionis plenitudine quae domus nostra Regia Clerus â—â—pulus dicti Regni perstiterunt hactenùs in obedientia Sedis Apostolica c. Considering also the fulnesse of deuotion wherwith our Kingly family as also the Clergy and people of our Realme haue pâ—â—seuered hitherto in the obedience of the Sea Apostolicke it seemeth right that you as a Father prouiding for his children should with paternall affection alleuiate the burthens of your said children and permit for the time to come that Patrons of benefices may haue that solace as to present fit persons without impeachment to the said benefices wherof they are patrons and that Cathedrall Churches others of the said Kingdome may be prouided of Pastors by free elections c. Wherfore we â—â—seech your Benignity to vouchsafe euen for the honour of God and saluation of soules and for the taking away of the foresaâ—â— scandals and offences to put quickly some whole-some temperament vnto these matters to the end that wee who doe â—â—â—rence as wee ought to doe your most holy person and the holy Roman Church in paternae vestra dilectionis dulcedine quie scamâ—â— may rest in the sweetnes of your fatherly loue towards vs. 〈◊〉 â—â—â—â—lissimus ad regimen Ecclesia Sua Sancta per tempora prospera lonâ—â—â— The most high God preserue you to the gouernment of his holy Church for many and prosperous years Giuen at VVestminster the 26. day of September vpon the 4. yeare of our Raigne ouer France and 27. ouer England 7. Heere we see with what respect to the Sea Apostolicke King Edward pretended to make the restraints which he made of prouisions from Rome and to shew more his confidence and acknowledgement toward the said Sea he sent soone after the very same yeare vnto the said Clement the 6. a most honourable Embassage by Henry Earle of Lancaster and Derby as also the Earls Spenser and Stafford togeather with the Bishop of Oxford to treat with the said Pope and lay before him the right which he pretended to the Crowne of France though not in forme of iudgement or to put the matter in triall saith VValsingham but as to a father and friend he hauing 4. yeares before that written largly of the ground of his said right vnto this mans predecessour Pope Benedictus the 11. and to the whole Colledge of Cardinals himself being then at Antwerpe vpon the 16. of Iuly Anno Domini 1339. and 13. of his Raigne 8. His epistle to the Pope had the same title which the other before and that to the Cardinals Amabilium Deo patrum Sacrosancta Romana Ecclesiae Cardinalium Collegio venerando c. In the prosecution of which letter to the Pope after a large demonstration of his title he hath these words Non igitur apud vestrae viscera misericordia Sanctitatis locum inueniat detrahentium informatio amula c. Let not therefore the emulous informations of detractors find place in the bowells of your mercie and Holines against such a sonne of yours as by hereditary right of all his progenitors doth and will for euer immoueably persist in your obedience and in the obedience and grace of the Apostolicke Sea c. And we doe intimate this processe of our iustice to the said Crowne of France and of the iniury done against vs by detayning the same vnto the preheminence of your holy Highnes that by your supreme and holy measure of right and equity whervnto belongeth vpon earth to open and shut the gates of heauen and to whom appertaineth the fullnesse of power supereminency of tribunall you will fauour our right so much as reson requireth Parati semper ne dum à vestro sancto cunctis presidente iudicio
and little pertinent as you will see to the manie conclusion which he should proue that this King did take supreme spirituall authority and iurisdiction vpon him And for that the grounds of all that is heer obiected haue byn discussed and answered in that wee haue set downe before and this booke groweth to more length then was purposed at the beginning and finally for that the law-bookâ—◠〈◊〉 cited of collections and obseruations by later authors which bookes I haue not by mee are of small authority to our purpose I shall passe ouer the said obiections with the greatest breuity that I can remitting mee for the most part to that which before hath byn said and answered The Attorney An excommunication by the Archbishop albeit it be disanulled by the Pope or his Legats is to be allowed neither ought the Iudges giue any allowance of any such sentence of the Pope or his Legate The Catholicke Deuine 15. This assertion I doe not see how it can be admitted for true as it lieth for so much as no author maketh mention that K. Edward did euer deny absolutely the Popes authority to excommunicate by himself or by his Legats in England especially vpon the 16. yeare of his raigne as heere it is noted in the margent when he was most deuout to the Sea Apostolicke wrote the humble letter before mentioned the next yeare after according to the date of the said letter as you haue heard only there might be this accorde between them for more authority of the said Archbishop and peace of the Realme that when he had giuen forth any excommunication no annullation therof from the Pope which might perhaps be procured by false suggestion should be admitted or executed vntill the Pope were informed of the truth this is vsed also in other Catholicke Kingdomes at this day 16. And it were to much simplicity to imagine that English men in those dayes admitting the Archbishops excommunication as heer they doe and for confirmation therof we doe read in VValsingham that vpon the yeare 1340. and 14. of King Edwards raigne Iohn Stratford Archbishop of Canterbury threatned the said King to excommunicate all his counsell if he amended not certaine points wherin they offered iniury to Clergy men it were simplicity I say to thinke that the said Archbishops excommunication could not be controlled by that of the Pope from whom they acknowledged the said Archbishop at that time to haue his spirituall authority if he had any at all For froÌ„ whence should they imagine him to haue it for that the Kings as we haue seen had not so much as the nomination or presentation of Archbishops in that season but only the Popes much lesse their induction confirmation or inuestiture Whervpon it must needs follow that he which gaue them spirituall iurisdiction had greater higher iurisdiction himself though in some cases by agreement not to be vsed as before hath byn said The Attorney It is often resolued that all the Bishopricks within England were founded by the Kings progenitours and therfore the aduowsons of them all belong to the King and at the first they were donatiue and that if an incumbent of any Church with Cure dy if the Patron present not within six moneths the Bishop of that Diocesse ought to collate to the end the Cure may not be destitute of a Pastor If he be negligent by the space of six moneths the Metropolitan of that Diocesse shall confer one to that Church and if he also leaue the Church destitute by the space of six moneths then the Common-law giueth to the King as to the supreme within his owne Kingdome and not to the Bishop of Rome power to prouide a competent pastor for that Church The Catholicke Deuine 17. Is it be true which M. Attorney hath so often repeated before that the Conusaunce and deciding of Ecclesiasticall causes doe not appertaine to the Common-law and that the prouision or induction of Clerks to benefices and giuing them spirituall iurisdiction ouer the soules of those that be within the compasse of that benefice be of the number of those causes which I take to be set downe in like manner by M. Attorneys owne pen before vnder the names of admissions and institutions of Clerks then how can it be true which heere is said that the Common-law giueth to the King as to the supreme to prouide competent Pastors for that or those Churches that within the space of a yeare and halfe are not prouided by the particular patron Diocesian or metropolitan Or where is this Common-law How or when did it begin as often elswhere I haue demaunded Either by vse or statute or common agreement between the Prince and people For none of these haue we heard of hitherto vnder former Kings though for presenting and nomination to benefices we haue oftentymes said that there is no difficulty but that the temporall Prince may present in such benefices or Bishopricks as he is patron of either founding the said benefices or by particular concession of the Sea Apostolicke vnto him as we haue shewed more largly before in the life of K. VVilliam the Conquerour and before him againe vnder K. Edward the Confessor to whom the Sea of Rome in those dayes gaue spirituall iurisdiction also in some cases ouer the Abbey of VVestminster some other places of his Realme 18. But that the Common-law should dispose of these things and especially giue spiritual iurisdiction to the King ouer benefices for so must the meaning of M. Attorney be if he delude not his Reader with equiuocation of words this I say is both contrary to his owne rule before set downe and much more to reason For that to giue Ecclesiasticall iurisdictiom is much more then to haue the conusaunce of Ecclesiasticall causes which he denying to his Common-law in diuers places of his booke as before we haue seen caÌ„not in reasoÌ„ ascribe to th' other 19. Wherefore though we graunt this graduation heer set dovvne as good and conueuient that if the particular patron doe not present within six moneths nor the Ordinary or Metropolitan within their tymes prescribed the Prince as supreme gouernour of the Common-wealth to see all things done in due order may present as if he were patron to the said benefice yet first this cannot come originally from the Common-law for the reasons alleadged Secondly this proueth no spirituall iurisdiction at all in any presentor but only power of presentation which may be in any man that hath Ius patronatus allowed by the Church and head therof as before hath byn said Thirdly much lesse doth this proue supreme authority spirituall in the Prince as M. Attorney would inferre which is euident among other reasons by this For that the Prince when he doth present in this manner by lapse of tyme or omission of others is the last in power of presentation after the Metropolitans and Bishops which yet
should be first if he were supreme in that sorte of authority and that the matter went by rigour of law not by composition agreemeÌ„t And finally for that the Prince in this case cannot put in a Pastor immediatly from himself giuing him spiritual iurisdiction ouer soules but must present him to the Bishop or Metropolitan to be induced by him indued with that iurisdiction which he should not doe if his owne authority spirituall were greater then the said Bishops or Archbishops And so we see that M. Attorney proueth nothing by this allegation against vs but rather against himself The Attorney The King may not only exempt any Ecclesiasticall person froâ—â—â— the iurisdiction of the Ordinary but may graunt vnto him Episcopall iurisdiction as thus it appeareth there the King had done of auncient tyme to the Archdeacon of Rick-mond All religious or Ecclesiasticall houses wherof the King was founder are by the King exempt from ordinary iurisdiction and only visitable and corrigible by the Kings Ecclesiasticall commission The Abbot of Bury in Suffolke was exempted from Episcopall iurisdiction by the Kings Charter The King presented to a benefice and his presented was disturbed by one that had obtained Bulles from Rome for which offence he was condemned to perpetuall imprisonment Tithes arising in places out of any parish the King shall hâ—â—e for that he hauing the supreme Ecclesiasticall iurisdictioâ— is bound to prouide a sufficient Pastor that shall haue the Cure of soules of that place which is not within any Parish And by the common lawes of England it is euident that no man vnlesse he be Ecclesiasticall or haue Ecclesiasticall iurisdiction can haue inheritance of tithes The King shall present to his free Chappels in default of the Deane by lapse in respect of his supreme Ecclesiasticall iurisdiction And Fitz-herbers saith that the King in that case doth present by lapse as Ordinary The Catholicke Deuine 20 Heere be diuers particulars breifly touched which I shall answere with like breuity especially for so much as they are but notes and obseruations out of particular collections of Law-writers and not Laws nor Statutes themselues First then it is denied that in the time of this K. Edward the 3. his raigne either he or any other Prince temporall could exempt any Ecclesiasticall person from the iurisdiction of his Ordinary Bishop and much lesse graunt vnto him Episcopall iurisdiction as of himself and by his owne power only he might procure it by his suite to the Sea Apostolicke as before hath byn shewed vnder K. Edward the Confessor and other Kings before the Conquest and diuers after also namely K. Henry the third and his children And whatsoeuer is said heer to the contrary for those dayes is either â—ror or mistaking for that it was common Catholicke doctrine â—â— that time as it is now that Episcopall iurisdiction cannot be giuen by 〈◊〉 but by him that hath it eminently with superiority in himself which must be by ordination commission descent from th'Apostles to whom it was giuen in Capite as before we haue declared to descend downe by succession and the said ordination and imposition of hands to the worlds end vpon Bishops Prelates and Pastores by lawful subordination the one vnto the other which cannot fall vpon any lay Princes that haue not this ordination Ecclesiasticall as euery man of iudgement and void of passion will easily see and discerne And the example before alleadged of the great Christian Emperour Valentinian the elder that professed himself to be vnum de populo non de Clero one of the lay people and not of the Clergy and consequently not to haue authority to iudge among them and much lesse to giue or exercise spirituall iurisdiction doth shew what the faith and practice of the Catholicke Church was in this point aboue twelue huÌ„dred years gone 21. Heerby then it is euident how those religious houses wherof King Edward was founder namely the Abbey of Bury which is the 3. obiection were exempted by the Kings Charter from Episcopall iurisdiction to wit the King procured the same first from the Sea Apostolicke then confirmed it by his Charter as by many examples you haue seen diuers precedent Chapters of this Booke and namely vnder King Edward the Confessor King Edgar King Kenulph and King Inas before the Conquest 22. If one was condemned to perpetuall imprisonment for disturbing the Kings presentation by the Popes Bulles it is a question de facto as you see not de iure and such might the Kings anger or offence be as he might also be put to death for it some Iudges neuer wanting to be ready to satisfie Princes pleasures in such affaires yet this doth not proue the lawfulnes of the fact And we haue seen before that this King Edward the 3. vpon the 48. yeare of his raigne promised the Pope that he would neuer vse more that manner of proceeding by his writts of Quare impedit wherby it is like this man was so greiuously punished 23. The instance of tithes allotted to the King for maintenance of a Pastor in places without the compasse of any parish is a very poore and triflying instance First for that those places that are out of all Parishes are to be presumed to be very few and secondly what great matter is it if so small a thing be left in depossto with the King for vse of the incumbent that is to ensue We haue seen in our dayes that tithes and rents of the Archbishopricke of Toledo for example in Spaine being valued at three hundred thousand Crownes by the yeare were depositated many years togeather in the Kings hands that last dyed whiles the Archbishop Carança was called to Rome imprisoned there vpon accusations of heresie and other crimes laid against him and in the end sentence being giuen a great parte of that money was graunted to the said King by the Sea Apostolicke for his wars against Infidels And yet doth not this proue that the King of Spaine had this by any spirituall iurisdiction of his owne but by concession of the Sea Apostolicke 24. And wheras M. Attorney saith heere that by the common laws of England it is euident that no man vnlesse he be Ecclesiasticall or haue Ecclesiasticall iurisdiction can haue inheritance of tithes I would aske him first how he proueth that the King of England had these tithes by inheritance and not by ordination agreement or conuention And secondly how his Common law can determine that no man may enioy tithes but he that hath Ecclesiasticall iurisdiction wheras before in the 9. leafe of his booke he maketh tithes to be an Ecclesiasticall cause and out of the Conusaunce of the said Common-law 25. And finally his last inference that for so much as the King is to present to his free Chappels in default of the Deane by lapse that this is done in
right of tithes bee determined And Fitzh in his Nat. Br. fol. 30. holdeth that before the Statute of the 18. of E. 3. cap. 7. that right of tithes were determinable in the teÌ„porall Courts at the election of the partie And by that Statute assigned to be determined in the Ecclesiasticall Court and the temporall Courte excluded therof And the Courts of diuers manners of the Kings and of other Lords in auncient times had the probates of last wills and testaments and it appeareth by the 11. Hen. 7. fol. 12. that the probate of testaments did not appertaine to the Ecclesiasticall Courte but that of late time they were determinable there so as of such causes and in such manner as the Kings of the Realme by generall consent and allowance haue assigned to their Ecclesiasticall Courts they haue iurisdiction by force of such allowance The King did by his Charter translate Canons secular into regular and religious persons which hee did by his Ecclesiasticall iurisdiction and could not doe it vnlesse he had iurisdiction Ecclesiasticall The Abbot of VValtham died in the 45. yeare E. 3. and one Nicholas merrit was elected Abbot who for that the Abbey was exempt from ordinarie iurisdiction was sent to Rome to be confirmed by the Pope And because the Pope by his constitutions had reserued all such collations to himself he did recite by his Bull that he hauing no regard to the election of the said Nicolas gaue to him the said Abbey and the spiritualties and temporalties belonging to the same of his spirituall grace and at the request as he fained of the King of England This Bull was read and considered of in Councell that is before all the Iudges of England and it was resolued by them all that this Bull was against the laws of England and that the Abbot for obtaining the same was fallen into the Kings mercie whervpon all his possessions were seased into the Kings hands as more at large by the said Case appeareth Where the Abbot of VVestminster had a Prior Couent who were regular and mort in law yet the King by his Charter did deuide that corporation and made the Prior and Couent a distinct and capable bodie to sue and be sued by themselues The Catholicke Deuine 30. The first case of this instance about tithes and probates of testaments is a verie trifling thing to proue M. Attorneys great coÌ„clusion of supreme authoritie Ecclesiasticall to be in the temporall Prince his Courts For as these things and like other are in parte belonging to spirituall iurisdiction in that they concerne benefices the willes and ordinations of dead men for the benefit of their soules the like partlie also belonging to temporall in that they include temporalities worldly substance they may in different respects appertaine also to differeÌ„t Courts and so they doe in other Catholicke Countreys at this day and namelie for probates of testaments in no other Countrey perhaps besides England are they limited onlie to the Bishops spirituall Courts About which wee haue the foresaid Statutes of Circumspectè agatis vnder K. Edward the first and of Articuli Cleri vnder K. Edward the 2. and diuers other Ordinations vnder this King Edward the 3. But how proueth all this M. Attorneys principall conclusion And how far of is this from inferring supreme Ecclesiasticall iurisdiction to be in the temporall Prince Is it not strange that such a man as M. Attorney would alleadge such toyes But let vs goe forward 31. If K. Edward did translate by his Charter the Canons secular into regular as heere is said wee must presume he did it as before you haue heard K. Henry the 2. to haue done it at VValtham by authority of the Popes Brâ—ue confirmed by his Charter and not otherwise For as well could K. Henry the 2. haue doâ—e it of his owne authoritie if it had been annexed to his Crowne at this K. Edward the 3. And therefore seing the other obserued the Canons of the Church and presumed not to doe it of himself but by the Popes licence and Charter and ratified by his owne it may be presumed that this King did the same for so much as the same Canon-law stood still in force And so it may be suspected that this case hath somewhat omitted couertly that should appertaine to the full declaration therof 32. The other case also of Nicolas Morris chosen Abbot of VValtham that went to Rome and got his inuestiture there by reseruation of the Pope and not by his election in England fell out at that verie time as heere is noted when the contention was most in heat between the King and French Popes about reseruation of benefices to wit vpon the 4. of the Kings raigne the said Popes agreeing soone after to vse no more the said reseruations So as no great maruaile of the Iudges of those dayes did moue the King to make some demonstration of speciall offence against this man the controuersie being then in handling but this is an instance de facto and not de iure 33. Lastlie the case of the Abbot of VVestminster made by the Kings Charter a distinct bodie capable to sue and to be sued was a temporal priueledge which any Prince might giue to a Couent if it vvere commodious for them and they willing to accept thereof and if not they would haue reclaimed in those daies and haue appealed to the Sea Apostolicke for remedie as the vse and right was at that time and as oy diuers examples appeareth of AppellatioÌ„s made against the King himself during his raigne as namelie that of the Bishop of Ely recounted at large by VValsingham in the yeare 1348. and others 34. The six instance consisteth of certaine Statutes made in the 25. 27. 28. and 38. yeares in the raigne of K. Edward the 3. against prouisious and prouisers from Rome reseruations of Bishopricks and benefices by the said Sea vndue appellations vniust citations infamations or molestations of men by Censures from thence All which I thinke not good to set downe at large as they lie in the Statute booke for that they are ouerlonge but breiflie rather to alleadge the summe therof which is sufficient for the point it self of our controuersie First then it is said That in consideration of the manie inconueniences and hurtes that seemed to ensue to the Common-wealth as well Clergie-men as secular by such as went to Rome and there by false suggestions and other such procurements vnworthilie got vnto themselues benefices they being either strangers not able to preach and teach or els if English-men yet vnfit for their learning or manners and that therby particular patrons were depriued of their right of presenting c It was ordained vpon the 25. yeare of this Kings raigne to punish the persons that being subiect to the King should attempt or doe this without the Kings licence or knowledge of the Realme And so the decree
of Parlament was that whosoeuer hereafter should attempt or procure any such prouisions he should be out of the Kings protection whereby euerie man might lawfullie kill him c. 35. And in the same Parlament the like and many other inconueniences are represented against reseruations of benefices by the said Sea Apostolicke and Bishops therof whervpon it is decreed by the King and his great men and Commons that the said reseruations shall not bee suffered or admitted for the time to come as a thing not due to the Sea Apostolicke But that all Archbishops Bishops and other dignities and benefices Electorie in England shall bee permitted to free election as they were graunted by the Kings progenitours founders therof and the auncestors of other Lords that had founded any such benefices and might haue reserued to themselues as Patrons and founders the presentations there vnto 36. Moreouer Complaint being made by diuers of the Kings people that many were greatlie troubled and drawne out oftentimes of the Realme by vnquiet and litigious people that made appeals to Rome to answere to things wherof the Conusaunce pertained to the Kings Court c. It was assented and accorded by the King and by the great men and Commons that whosoeuer should draw any man out of the Realme in plea wherof the Conusaunce pertained to the Kings Courts should incurre the daunger of Praemunire And finallie that no man presume to cite sue vex molest any by Censures procured from the Popes Courte against any for obseruing these laws and like other ordinances vpon paine of seuere punishment c. 37. To all which we answere that diuers circumstances may bee considered about these Statutes Ordinances and Decrees as well of the times and persons as of the occasions causes and manner of doing And to begin first with the last it may bee that either all or some parte of these restrictions might be made by some kind of consent or toleration of the Popes themselnes vpon the often representing of the inconueniences which we haue seen before made by diuers Princes from K. Henry the 3. down-ward and the answers as well of Innocentius the 4. as other Popes that the said inconueniences should be remedied And to the same effect putteth downe VValsingham this K. Edwards letters at seuerall times to sundry Popes for that end And vpon the yeare 1373. â—hich was the 47. of his raigne long after the making of these Statutes he sent againe to Gregory the 11. to intreat his consent and good will to the same Rex Edwardus saith Walsingham eodem anno misit Ambassiatores ad Dominum Papam rogaus câ—m c. The same yeare K. Edward sent Embassadours to the Pope praying him that he would be content to surcease from prouiding benefices in England that Clerks might enioy their rights to Ecclesiasticall dignities by elections as in old time they were accustomed So as heere we see that the King pretended right by ancient custome in these affaires Neither did this Pope altogeather deny it For VValsingham addeth super quibus articulis nuncij à Papa certa recepêre responsa c. vpon which articles the Kings messengers receiued from the Pope certaine answers of which they should informe him at their returne that nothing should be determined vntill the King had written againe his mind more fully vnto the said Pope And then in the next yeare after he saith as before you haue heard that the Pope and the King were agreed vpon these and like points 38. And if this were so at this time then may it be presumed also that before vpon the 25. yeare of his raigne when he first made those Statutes of restraint he had also some secret consent or conniuency of Pope Clement the 6. or Innocentius the 6. that immediately ensued him to the same effect at least wise for the ceasing of prouisions and reseruations except only vpon great and weighty causes for in such cases we find that they were vsed also afterward and that ambitious busie and troublesome people that should deceitfully procure such prouisions or rashly and vniustly appeale or molest men with Citations Censures and the like should be punished And this was a thing so needful oftentymes as S. Bernard himself that liued vnder King Henry the first and writing to Pope Eugenius that had byn his scholler of the great abuses of troublesome appellatioÌ„s in his dayes wisheth him as on the one side to admit all due appellations which of right were made vnto him and to his tribunall from all partes of the world so on the other side to punish them that made them vniustly 39. All which being considered togeather with the time before noted wherin K. Edward made these restraints to wit when he had great warrs in France for challenge of the Crowne and no small iealousie with the Popes Cardinals and Roman Court as being all or the most parte French at that day and residing in Auinion in France the continuall clamours also of his people much exaspered by certaine particular abuses and excesses of some Ecclesiasticall officers the maruaile is not so great if he tooke some such resolution as this de facto at least for satisfying especially of the laity who were most instant in the matter Yea by whom only it seemeth to haue byn done For that in none of these Statutes is mentioned expressly the consent of the Lords spirituall but of the King and Great men Magnatum in Latin and of the Communalty which is repeated in euery of the forsaid Statutes except one where is said The King by the assent and expresse will and concord of the Dukes Earles Barrons and the Commons of this Realme did determine c not mencioning at al the Bishops Archbishops Abbots and other Ecclesiasticall Prelates that had right of suffrage in those Parlaments and consequently how far this probation de facto doth proue also de Iure I leaue to the Reader to consider 40. Only we conclude that howsoeuer this was either by right or wrong for the manner of determining certaine it is that King Edward did not therby diminish any way his opinion or iudgment of the Popes spirituall authority as may appeare by al his other actions writings to the same Sea afterwards and of his respectiue carriage and behauiour not only towards the Popes but to his owne Clergy also in England in all matters belonging to their superiority Ecclesiasticall In proofe wherof vpon the very selfsame 25. yeare of his raigne wherin the former Statutes of restraint were decreed against such of his subiects as should offend therein he made another Statute intituled A confirmation of all libertyes graunted the Clergy And after ward vpon the 31. yeare another Statute intituled A confirmation of the great Charter and of the Charter of the Forrest Which great Charter containing the priuiledges libertyes and superiority of the Church is confirmed by him againe in
he great difficultyes notwithstanding both therin and by domesticall conspiracyes not only the Lollards and VVickliffians but his owne nobility also kinred and cheife officers conspiring against him and seeking his ouerthrow And finally when he was in the very middest and heat of his wars and Conquest and his life and health most desired both by himself others he died with much affliction of mind in France leauing a little child of his owne name that was but eight moneths old to preserue and defend that which he had gotten but could not as the euent proued 4. This young infant then borne as it were a King of two so great Realmes and crowned in Paris it self which no other King of England euer was before or since drew out a longe raigne for almost forty yeres but intangled with many aduersityes and varietyes of fortune in which he lost first all his States of France not only such as his Father had gotteÌ„ by dint of sword but other likewise which his progenitors had inherited by lawfull succession of bloud and then by little and little leesing also at home his kinred trustie freinds that by Ciuill wars were cut of he lost at length his Kingdome being twise depriued therof and finally his life and progeny became a pittifull example of Princely misery and so this line of Lancaster entring by Gods designement as it seemeth to punish the sinnes of the former line of Edwards and Richard before mentioned and especially that as many thinke of their rough proceeding with the Church now were punished also themselues by another line of Yorke for continuing the said rigorous and preiudiciall lawes against the priuiledges and franquises therof which was written to K. Henry the 6. by Pope Martyn the 5. as Polidor noteth and he promised reformation therin but the thing depending of consent of Parlament was neuer effected nor that good motion put in execution 5. But yet that all these three Kings of the house of Lancaster were perfectly and zealously Catholicke no man can deny and infinite arguments are extant therof yea and of this point also in particular of their acknowledgment and reuerence of the soueraigne spiritual authority of the Bishop of Rome in the Church of Christ. And therfore King Henry the fourth considering the great hurtes and scandals that had ensued for many yeres togeather by schisme of Anti-Popes in the Sea Apostolicke was so carefull and diligent to procure and assist the Generall Councell indicted at Pisa in Italy for the extinguishing therof as not only he sent learned Prelates vpon his charges thither to help assist the said Councell as namely Robert Bishop of Salisbury and other learned men but wrote very pious letters also both to Gregory the 12. that was the true Pope and to all his Cardinals by a speciall Embassadge of his owne persuading the said Pope by diuers godly and prudent reasons to persist in his mind and promise of giuing ouer the Popedome as the other Anti-pope called Benedictus the 13. had in like manner promised Of which his letter to the said Pope he making mention in another to the foresaid Cardinals saith Cupientes ostendere quem zelum habuimus habemus vt pax detur Ecclesiae c. we desiring to shew what zeale we haue had and haue that peace be giuen to the Church we haue by consent of the States of our Kingdome sent our letters vnto his Holines c. 6. And when this Councell of Pisa tooke no great effect vntill fiue yeares after when in the tyme of his sonne K. Henry the 5. the generall Councell of Constance in Germany was appointed for the same effect the said sonne K. Henry the 5. following his Fathers piety heerin caused the Archbishop of Canterbury Henry Chychley to call â—â—â—â—t a Councell in England to choose fit English Prelates to be sent to that Councell and so were chosen not onlie the foresaid Bishop of Salysburie sent before to Pisa but Bath and Hereford also togeather with the Abbot of VVestminster Prior of VVorcester and other famous learned men to whom the King added for his Embassadour the Earle of VVarwycke to accompany them thither where the said schisme being extinguished by the deposition of three that pretended to be Popes and Martyn the 5. being established in that seate the whole Christian world was put in peace thereby 7. And for that in the same Councell the heresies of VVickcliffians and Lollards were especially condemned and anathematized the same decrees were presently admitted and put in execution in England by the zealous commaundement of the said K Henry the 5. though his father K. Henry the 4. and the whole State had preuented that decree by making temporall laws in confirmation of the Canonicall and Churches laws for the punishment of the said Lollards and VVickcliffians that denyed the Popes Supremacy and caused manie of them to bee burneed and so did K. Henrie the 6. also during all the time of his raigne whereby as by infinite other thinges that might bee alleadged their beleife and iudgment in that behalfe is sufficiently declared though in respect of some temporall inconueniences and the inclination of their people vpon former complaints they recalled not the said restraints laws or ordinances made by their progenitors wherof now we shall speake more particularly in answering the instances alleadged by M. Attorney our of their raignes Instances alleadged out of the Raigne of King Henry the fourth the thirtenth King after the Conquest §. I. The Attorney 8. It is resolued that the Popes Collectors though they haue the Popes Buls for that purpose haue no iurisdiction within this Realme and there the Archbishops and Bishops c. of this Realme are called the Kings spirituall Iudges The Catholicke Deuine It is to bee considered who resolued this and vpoÌ„ what ground for it maie bee there was some agreement taken between the Pope and the Realme in that behalfe concerning the Collectors authoritie as in other Catholicke Countreys also at this daie wee see there is Neither had the said Collector by his office anie ordinarie iurisdictioÌ„ but extraordinarie onlie by particular commission And commonly those collections were made cum beneplacito Principis with the good liking of the Prince where they are made Archbishops Bishops maie bee called the Kings spirituall Iudges for that they are his subiects as Peers and principall members of the Realme as before hath been declared and doe liue vnder his protection but not as though they receiued their spirituall authoritie or iurisdiction from him for then might he execute the same authoritie and iurisdictioÌ„ by others also which are no Bishops as by his Chauncellour and temporall Iudges giuing them the same iurisdiction which no man would affirme in that time as lawfull But let vs see his second Instance The Attorney 9. By the auncient lawes Ecclesiasticall of this Realme no man could be conuicted
should bee able to get authoritie ouer so manie other Bishops his equals throughout so manie and different nations so far off from him and so little fearing his temporall power or that so manie People Citties Kingdomes Common-wealths Prouinces and Nations would bee so prodigall of their owne libertie as to subiect themselues to a forraine Priest as now so manie ages they haue done or to giue him such authoritie ouer theÌ„selues if he had no right therevnto at all 7. But what shall I stand to dispute with Luther in this matter Or what importeth it what he saieth or beleeueth therin for so much as through anger and enuie he knoweth not himself what he thinketh or saith but declareth well the saying of the Apostle to be true in himself Cor ipsius insipiens obscuratum itaditumque in reprobum sensum That his foolish heart is darkned and deliuered ouer vnto a reprobate sense So King Henry pronouncing as you see a heauy iudgment against Luther now and himself afterwarde when he fell into the same darknes and not only obscuritie of vnderstanding but inconstancie also of proceeding which heer so eagerly hee obiecteth to Luther for this he writeth of him Quis non eius miretur inconstantiam c. who will not wonder at Luthers inconstancie for a little before he wrote in his bookes that the Papaltie though it were not by diuine right yet was it by humane to witt by humane consent for the publik good of the Church and therevpon condemned and detested the sect of the Hussites in Bohemia for that they had cut themselues off from the obedience of the Roman Sea affirming that they sinned damnably whosoeuer obaied not the Pope This he wrote verie lately since his fall from Catholicke religion but now he is run into that which then he so much detested And like inconstancy he hath shewed in another point also which is that hauing preached of late in a certaine Sermon to the people that the Popes excommunication was to bee obaied and patiently be borne as a medecine in a disease WheÌ„ himself afterwards was most worthily excommunicated he tooke that sentence of the Pope so impotently as seeming to be mad or fallen into rage he brake forth into such contumelious speaches and blasphemies as no Christian eares can abide to heare the same so as by his furie he hath made it euident Eos qui pelluntur gremio matris Ecclesia statim furijs corripi atque agitari daemonibus That those which are cast out from the lap of their mother the Church are taken presently with suries and vexed with diuells Thus far K. Henry and much more to this effect which for breuityes sake I pretermit 8. And now let vs with greife of mind some terror of conscience looke ouer and reflect vpon that which happened afterward vnto this King himself and into what extremes of passion and choller he fell in his writings and Statutes against this very Supremacy of the Pope when he was excommunicated by him which heere he defendeth against Luther though in other points of doctrine he remained still opposite to Luther euen vnto his dying day 9. It is worthy the noting also what mutability and inconstancy he vsed not only in the whole thing to wit in dâ—â—â—ing the Popes Supremacy but in the very manner also of falling into that extremity For first for many yeares after the writing of this his booke which was in the yeare of Christ 1521. he continued so deuout and obedient to the said Sea of Rome as no King in Christendome more as may appeare by the mutuall good offices of loue friendship that passed between them And when six yeares after this againe Rome was spoiled by the army of the Duke of Burbon Pope Clement the seauenth held as besieged in the Castle of S. Angelo no King or Prince of Christendome was more forward in the ayd of the said Pope then K. Henry of England as may appeare by his great and famous Embassadge sent that very yeare into France by Cardinall VVolsey about that matter in the yeare 1527. to draw the King of France into the association of that aid and help 10. And when againe the next yeare after King Henry began to moue his doubt or question about the lawfullnes of his marriage with Queene Catherine he referred the whole matter to Rome and procured Iudges to be sent from thence as namely Cardinall Campegius that was directed from Rome the selfsame yeare into England for Legat with like commission for Cardinall VVolsey to be ioyned with him as deputyes from Pope Clement to heare and iudge the matter before whome sitting in iudgment both K. Henry and Queen Catherine being cited personally to appeare they made their appearance in the Church of the Black-Friars in London in the moneth of Aprill anno Domini 1529. which was the one and twentith of King Henryes raigne And albeit King Henry being offended that by this means of these two Legats the Pope accepting of the Appeal of Queen Catherine recalling the matter to himself he could not haue his wil did put from his fauour soone after Cardinall VVolsey when the other was departed and brought him to the miserable end which is well knowne yea condemned for his sake the whole Clergy of England in a Premunire that is to say the losse of all their goods which afterward they redeemed with a submission and payment of a hundred thousand pounds for that they had acknowledged the said Cardinals Legantine authority which himself had procured from Rome yet did not he for this surcease to send other Embassadours to continue the solicitation of the same suite of diuorce in the said Court of Rome and namely among others Doctor Stephen Gardâ—â—â— the Kings chiefe Secretary soone after made Bishop of VVinchester who was sent thither as Stow and others doe testifie presently after the departure of Cardinall Campegius in the same yeare 1529. Neither did King Henry leaue of to hold his Embassadours Lawyers and Procurators there about this matter for two or three yeares after this againe vntill he saw there was no hope to get his diuorce by that means and on the otherside was resolued to marry the Lady Anne Bullen whatsoeuer came of it and so did in the yeare 1533. and 24. of his raigne 11. Thus then you see the beginning and progresse of the cause of King Henryes breach with the Sea Apostolicke which probably would neuer haue byn if he could haue obtained his will that way but falling into despaire therof tooke resolution to cut the knot which otherwise he could not vndoe But the manner of his proceeding may be best seen by two Acts of Parlament set downe heer by M. Attorney the one of the 24. the other of the 25. yeare of King Henryes raigne for that in the former which was in the yeare of his marriage with Lady Anne Bullen as hath byn said he prohibited
now that this authority was no new thing or to vse his words not a Statute introductorie of a new but declaratorie of an old and that the same was conforme to the auncient laws of England acknowledged and practised by all her auncestors Kings of the same and that the difference of her sex as they had qualified the matter and couched their words did hinder nothing at all the acceptance of this authority shee was content to lett it passe admitt therof for the time though I haue beene most credibly informed by such as I cannot but beleiue therein considering also her forsaid sharpenes and pregnancie of witt that vpon diuers occasions especially for some yeares after the beginning of her raigne she would in a certaine manner of pleasantnes iest thereat herself saying Looke what a head of the Church they haue made mee 37. And to the end that no man may imagine that these things some other which heer I am to touch of the good dispositioÌ„ this deceased Princesse had of her self towards Catholicke religion at the beginning of her raigne and for diuers yeares after if she might haue been permitted to her owne inclination are fayned I doe affirme vpon my conscience in the sight of him that is author of all truth and seuere reuenger of all false-hood that nothing hereof is inuented or framed by mee but sincerely related vpon the vndoubted testimonies of such as reported the same out of their owne knowledge As for example that not longe before the death of Q. Marie a coÌ„mission being giuen to certaine of the priuie Counsell to goe and examine the said Ladie Elizabeth at her howse of Hat-field not far from London when other matters had been debated shee taking occasion to talke with one of them a part in a window said vnto him with great vehemencie of spirit and affliction of mynd as it seemed laying her hand vpon his Oh Syr and is it not possible that the Queen my sister will once bee persuaded that I am a good Catholicke Yes Madame quoth the Counsellor if your Grace bee so indeed God will moue her Maiestie to beleiue it Wherevpon the said Ladie both sware and protested vnto him that she did as sincerely beleiue the Roman Catholicke religion as anie Princesse could doe in the world in proofe thereof alleadged the order of her familie which was to heare masse euery daie and the most of them two one for the dead and the other for the liuing And this hath the said Counsellour oftentimes related vnto mee and others hee being a man of great grauity truth and sinceritie in his speeches 38. And coÌ„forme to this I haue seen a letter written in Spanish from the said howse of Hat-field vnto K. Philip then in Flaunders by the Count of Ferâ—â— afterward Duke and then Embassadour for the said King in England which letter was written vpon the 16. daie of Nouember in the yeare 1558. when Queen Marie being now extreme sicke and annealed out of all hope of life he went to visit the said Princesse Elizabeth from his Maister and relateth all the conference and speach he had with her and her answers to diuers points concerning her future gouernment with his opinion of the same both in matters of 〈◊〉 and religion concerning the latter wherof though hee discouered in her a great feeling and discontentment of certaine proceedings against her in her sisters time and therevpon did foreâ—â—some troubles like to ensue to some of them that had been in â—â—fe gouernment and namely to Cardinall Poole if he had liued 〈◊〉 wrtieth he that for the Principall points of Catholicke faith â—â—en in controuersie he was persuaded she would make no great â—â—teration and in particular he affirmeth that she protested vnto vnto him very sincerely that she beleiued the reall presence in the Sacrament after the words of consecration pronounced by the Priest 39. Which relation of this noble man is much consirmed by that which was written to the said Queene herself some six or seauen yeares after by Doctor Harding in his dedicatory epistle before the confutation of the English Apologie of the Church of England vpon the yeare 1565. wherin he commendeth her liking of her more sober preachers both allwayes heertofore saith he and specially on Good-friday last openly by words of thanks declared when one of a more temperate nature then the rest in his sermon before your maiesty confessed the Reall Presence So he And that this opinion and affection staied and perseuered with her euen vnto her old age by her owne confession I haue for witnes another Worshipfull knight yet aliue who vpon the truth of his conscience hath often protested vnto me that hauing occasion to walke talke with her and to discourse somewhat largely of forraine matters for that he was newly come froÌ„ beyond the seas in her garden at VVhitehall not aboue fiue or six yeres before her death relating vnto her among other things the iudgment and speaches of other Princes concerning her excellent partes of learning wisedome bewty affability variety of languages and the like but especially the speaches of certaine great Ladies to this effect vpon viewing of her picture the said knight seeing her to take much contentment therein and to demaund still greedily what more was said of her he thought good asking first pardon to ad the exception that was made by the said Ladies to wit how great pitty it was that so rare a Princesse should be stained with heresie wherat her Grace being much moued as it seemeth answered And doe they hold me for an heretick God knoweth what I am if they would let me alone and so auouched vnto him in particular that she beleiued the Reall presence in the Sacrament with other like protestations to that effect 40. And sundry yeares before this againe there being sent into England from France one Monsieur Lansacke of the French King Counsell that was Steward in like manner of the Queen-mothers houshould as before hath byn meÌ„tioned he was wont to recount testifie after his returne with great asseueration that hauing had confident speach with the Queen of England about matters of religion she told him plainely that which before we touched about her spirituall Supremacy to wit that she knew well inough that it belonged not to her but to S. Peter and his Successours but that the people and Parlament had layed it vpon her and would needs haue her to take and beare it Adding moreouer her Catholicke opinion about other points in controuersie also and namely about Praying to Saints affirming that euery day she prayed herself to our Blessed Lady And so far forth had she persuaded this to be true to this French Counsellour as he did not only beleiue it and reporte it againe with great confidence but was wont to be angry also with such as should seeme to make doubt of the truth therof among whome for
Power and the author therof c. 2. n. 2. Power spirituall and temporall and the different endes therof cap 2. n. 3. 4. deinceps per totum caput Power spirituall of the Church and pastors therof cap. 3. n. 10. Power spirituall more eminent than temporall cap. 2. n. 19. Premunire and the first beginning of that law cap. 12. n. 11. Priuiledges and franquises of Churches and monasteryes procured from the Pope cap. 6. n. 37.38 deinceps Priuiledges of the Abbey of Euesham cap. 6. n. 42. Of the Abbey of S. Albans ibid. n. 43. Priuiledges of Glastenbury-Abbey from Rome cap 6. num 45. Priuiledges of VVestminster procured by K. Edward the Confessor cap. 6. num 47. Priuiledges of Ecclesiasticall men in temporall courtes cap. 7. n. 18. alibi saepissimè Promotion of strangers to Ecclesiasticall dignityes in England cap. 10. num 21. 22. cap. 11. num 36. The inconueniences therof to Englishmen ibidem Protestants doctrine condemned by K. Henry the 8. cap. 15. num 15. Prouisions against bribing at Rome cap. 13. n. 21. Prouisions of Ecclesiasticall liuinges in England made by the Pope c. 12. n. 5. The CoÌ„plaintes therof by Englishmen ibidem The continuance of the same in England cap. ibid. n. 9. AgreemeÌ„t therabout made betweene the Pope and the Kinge cap. ibid. n. 21. Q. Queene Eleanour Mother to K. Richard the first her iorney to Sicily cap. 9. num 29. Her returne by Rome and busines there with the Pope ibid. num â— Her complaintes and petition to Pope Celestinus ibid. num 39.40 41. Queene Elizabeths spirituall authority giuen her by Parlament cap. 3. num 3. 4. The inconueniences and absurdityes that follow therof ibid. n. 4. 5. 6. cap. 4. num 27. Her singularity in that point ibidem num 28. Her supremacy mistiked by Protestants Puritans cap. 4. num 41. 42. 43 44. 45. 46. 47. 48. Causes that moued her first to accept of the Supremacy cap. 15. num 35. 36. Her conferenâ—e vvith Syr Fran. Inglefield ibid. num 37. Item with the Count of Feria the Spanish Embassadour ibid. num â—â— Her protestation about the Real-presence in the Sacrament ibidem n 39. Her ConfereÌ„ce with Mounsieur Lansacke the French Embassadour ibidem num 41. Her owne inclination towards Catholicke Religion ibid num 42. How she vvas drawne to great extremes and cruelty against Catholicks cap. 15. num 43. Queene Mary her raigne cap. 15. n. 3â— Her restoring of Catholicke Religion in England cap. 15. num 31. 32. R. Reasons that shew william the Conrour to haue alwayes acknowledged the Sea of Rome cap. 7. num 8.9.10 deinceps Recourse to Rome presently after Englands Conuersion about Ecclesiasticall affaires cap. 6. num 10,11 12. Recourse to Rome by the Kinges of England and Scotland in their greatest Controuersyes cap. 11. num 44. Recusancy of Puritans and the first cause therof cap. 16. num 5. Recusancy of Catholickes from the beginning of Q. Elizabeth raigne cap. 16. num 7. Reformation of the English Clergy by King Henry the 7. cap. 14. num 15. Reliques sent to King Osway of NorthumberlaÌ„d by Pope Vitalianus c. 6. n. 24. ResignatioÌ„ of inuestitures by K. Henry the first cap. 8. num 14. Restraintes of exercising the Popes Authority in England and how the same vvere first made cap. 2. num 41. cap. 10. num 25. cap. 12. num 35. King Richard the first his raigne c. 9. num 22. 23. deinceps His misfortunes ibid. num 23. His behauiour and oath at his Coronation ibid. num 25. His voiage to Ierusalem ibid. num 26. 27. His kingdome commended to the Popes protection ibid num 27. His mother sent from Rome to Sicily ibid. num 30. His letter to Pope Clement the 3. ibid num 31. His captiuity in Austria ibid. num 38. K. Richard the second his disorders cause therof cap. 21. num 42. His confirmation of Church-libertyes ibid. num 43. His obedience to the Church-Censures ibid num 47. S. Sanctuary graunted by the Pope to S. Iohns Church in London cap. 14. num 9. Denyed by the temporall iudges ibid. num 10. Scruple of Conscience vrged vpon M. Attorney cap. 16. num 14. Sectaryes not any vvay compared to Catholickes vvhy c. 1. n. 13.14 15. Sectaryes their vayne comendation of Truth cap. 1. num 16. Singularity of knovvledge in heretickes cap. 1. num 5. 6. 7 Statute in Parlament for giuing spirituall authority to Q. Elizabeth cap. 3. num â— â—â— â— 19. The absurdityes that therof ensue ibid. num 5. 6. 7. num 19.20 21. 23. 24. Statutes of K. Henry the 3. in fauour of the Church cap. â—0 num 27. Statute of Merton made by K. Henry the 3. cap. 10. num 39. Statute of Bigamy anno 4. Edouardi 1. cap. 11. num 30. Statute of Carliele made in the raigne of King Edward the first c. 11. n. â—9 Statute against Lollards cap. 13 n. 22. 23. Statute for reformation of the Clergy cap. 14. num 15. K. Stephen his raigne ouer England cap. 8. num 25. His oath for the libertyes of the Church ibid. num 27. His inconstancy by euill counsaile ibid. num 28. His violence vsed against Clergy-men ibid. His citation and appearance before the Bishops ibid num 31. Stigand Archbishop of Canterbury deposed cap. 7. num 9. Strangers their promotions to Ecclesiasticall dignityes in England and inconueniences therof cap. 10. num 21. 22. 23. cap. 11. num 36. Remedyes sought therof from the Popes of those tymes ibid. num 38. Supremacy Ecclesiasticall not possibly in a woman cap. 4. num 26. 27. Supremacy assumed first by K. Henry the 8. cap. 15. num 13.14 15. Also by K. Edward the 6 ibid num 26. Item by Q. Elizabeth ibid. num 34.35 36. 37. Suppression of the kinghtes of the temple cap. 11. num 43. Synne of heresy how great and greiuous cap. 16. num 26 27. T Tenantes of the Church priuiledged  A straÌ„ge attempt to impugne Catholicke religion by Catholicke Princes lawes in EnglaÌ„d The importance of M. Attorneys Plea The singularity of M. Attorneyes paradox Ciâ— Tuscul q. 3. M. Attorney chalenged of his promise The Author promiseth all modesty in this answere M. Attorney bound in conscience and honour to enforme a nevv his Maiesty * M. Garnet M. Attorneyes ouerlashing in speech Math. 5. Math. 12 The Diuelâ—s sinnes in â—â—pting Adam M. Garnetts case Hovv things heard in confessioÌ„ may not be vttered by Catholick doctrine A partition not afterward performed M. Garnet an honest man by M. Attorneyes warrant M. Attorneyes wit in making a bloudy law to be a sweet lavv About Equiuocation About the antiquity vniuersality of the Protestant Church A straÌ„ge discourse of M Attorney about his Church * Many all 's A theologicall argumet for the Roman Church Mar. vltimo Iâ—an 14. 10. Mat. 10. 1 Timo. 3.
anno 1245. Ibidem K. Henry obtaineth of the P. to be accompted of ful age Paris in 〈◊〉 Hen. 3. an 122â— The beginning of the great Charter for church priuiledges VValsingh in viâ—a Edvvards primâ—â— initiâ— Eâ—ypodig Nâ—u 〈◊〉 an 1274. The deuout behauiour of K. Henry 3. ConfereÌ„ce betvvene K. Henry aud S. Levves K. of France Paris anno 12â—4 in vst Hen. 3. The vtilities by our English Kinges deuotion to Rome Paris Ibid. The Ciuil vvarrs of England vnder K. Henry the third The points vvherin the soueraignty of the Sea of Rome vvas seene The manner of Ecclesiastical elections vnder K. Henry 3. The manner of placing a Bishop of Durham Paris in vit Henr. 3. an 1226. 1228. An other example of the prouision of the Church of Canterbury Ibidem Richard of Canterbury appealeth to Rome against K. Henry 3. Paris an 1231. in vit Henr. 3. Tvvo elected Archbishops of Canterbury refused by the Pope Paris anno 1232. Hovv obedient K. Henry vvas to the Sea of Rome CoÌ„plaints of English-men against straÌ„gersâ— in England Math. Paris anno 1244. The louing and obedient letter of K. Henry vnto Pope Innocentius CoÌ„plaints made to the Councell and Pope himselfe of abuses Paris anno 1245. The popes seuerall orders for prouiding for Englishmen Generall consent of vvâ—â—ting to the Sea of Rome for remedye of agrieuaÌ„ces Math. Paris Anno. 1146. The beginning originall cause of al restraints Mag. Câ—art cap. 1. The statutes of K. Henry all in fauour of the Clergye 2. H. 3. tit ProhibitioÌ„ 13. 4. H. 3. Ibidem 15. 15. H. 3. tit ProhibitioÌ„ 22. Regist. fol. The explication of the lavv Stat. an 9. 〈◊〉 6. cap. 11. Spirituall coâ—â—tes superior to the teÌ„porall Hovv spirituall Courtes are the Kings courtes M. Attorneys inference hovv it holdeth and holdeth not Diuers examples ouerthrovving M. Attorneys commentarye Paris anno 1â—32 The King obeyed the Bishop of London in restoring Earle Hubert Paris Ibid. K Henry obeyed the B. of London in spirituall matters The Bishops refuse to excommunicate at the Kings appointment Paris anno 1234. S. EdmoÌ„d Archb. of Canterbury threatneth excoÌ„munication to the King if he obey him not Paris anno 1215. pag. 656. K. Henry obeyed the Deane of Paules in spirituall authority The Statute of Merton an 20. Hen. 3. This instance proueth nothing See the Code l. 5. tit 27. log 1. Constant lib. 5. Imper. Ze 1. lib. 10. Imper. Iustin. Nouell constit 89. de natural liberis §. Siquis igitur c. Lib. 4. Decret tit 17. cap. 6. * Cap. CoÌ„questus est * Cap. 13. Per venerabilem Ilidom Cap. 7. Causam quae M. Attorney mistaketh and mis-relateth the matter This King began his raigne an 1272. and raigned 35. yeares vntill 1307. Stovv in vita Edouards prâ—â—â— King Edvvard surnamed Long-shanke Deuotion of K. Edvvard Magna Charta VValsingam in vitae Edvvards p. anno 1191. King Edvvard praied and gaue almes for his Queenes soule Crosses erected VVorkes of piety of King â—dvvard VVestmon in heâ— or maiori in vita Edou primi Vestmonasteriensis anne 1197. A pious patheticall speach of King Edvvard King Edvvardes occasions of dealing in VVales and Scotland VValsingam anno 1292. in vita Edouards King Edvvardes mutabilitie in keeping priuiledges Math. Vestmonast VValsingam anno 1307. Math. Vestmon an 1278. Violent proceeding of K. Edvvard A sleight of K. Edvvard against the Clergie In anno 1294. A Knight sent to force the Monkes of VVestminster to yelde by feare to the Kings vvill In meere spirituall things the King neuer made difficulty to obey the Sea of Rome VValsingam eodem anno Diuers Bishopricks disposed of by Popes vnder K. Edvvard the first King Edvvardes deuotion tovvards the first Pope in Auinion King Edvvard accused the Archb. of Canterbury vnto the Pope VVestmonast eodem anno The great respect borne to the Sea of Rome by King Edvvarde An Embassadge sent by K. Edvvard to excuse himselfe to the Pope Thomas VValsingam in an 1308. The manner of vvriting of K Edvvard and his nobility to P. Bonifacius Math Vestmonaster Thom. Valsing in an 1301. 1302. King Edvvards lavves in preiudice of the Clergy of England Vide 3 Edo 5. â—â— Ass pl. 19. Brooke tit premunire pl. 10. Note this vvas vva â—y the common-lavv of England before any statute made CoÌ„mon-lavv must haue some birth or beginning VVestmonasteriensis an 1197. A cleere ouerthrovv of M. Attorneys assertion In vvhat sense the publishing of a Bul might be punished in K. Edvvards dayes Reportis fol. 15. 31. 〈◊〉 â— tit â—â—com 6. â— instance 15. Edouar tit Quare non admisit 7. Vide 39. Edou 3. 20. Note 1. ansvvere CoÌ„mon-lavves imagined but not extant Anno â— Edouards terâ—â—i stat 2. cap. 2. Seasing of Bishops landes Anno. 14. Edo 3. stat 3. pro Clero Hovv Bishops might be punished for not admitting the Kings iust presentatioÌ„ Supra cap. praeced The Archbishop of Canterbury depriued of his spiritual iurisdiction by Q Elizabeth anno 1580. The statuâ—e of 〈…〉 an 〈…〉 vnderstoode in vvhat senâ— should â—e receiued allouâ—ed hâ—ere Lib. 1. Decretalium Gregorie tit 21. The Decree against Bigamy In 6 Decre alium â—â—â— tit de Bigamis The true state of the case and doubt risen in England A poore commentary and shifte of M. Attorney Hovv M. Attorney straineth the â—ext to helpe himself 4 instance Statutum de anno 25. Edouâ— 1. Carlile vide 20. Edouar 3. tit Essom 24. Nota. The first atteÌ„pte vvas to vsurpe vpon such Ecclesiasticall things as appertayned to the Clergy of England vvho at that tyme stood in great avve of the church of Rome The ansvvere to the fourth Instance of M Attorney IncoÌ„ueniences by promoting strangers in England Diuers agreemeÌ„ts for prouision of Benefices VVest monast anno 1307. Remedy sought from the Pope himselfe VValsing Ibidem See statute anno 25. Edouards 3. The statute of Carleile maketh nothing for M. Attourney This King began his raigne an 1307. and raigned 19. yeres to vvitt vntill 1326. Ancient English vvriters vvhen the end VValsing in 〈◊〉 1307. Stovv in Edouardo p. â—â—â—ine vita The ill successe of King Edvvardes marriage â—n France The suppression of the Knights of the Temple VValsiâ—gam in storia Edâ—uâ—râ— 2. anno 1311. 1â—24 â—oâ—dor Stovv Ibidem Recourse made to the Pope by EnglaÌ„d and Scotland in their greatest controuersies VValsing anno 1319. 1323. The â— of Canterbury made by the Popes prouision The Bishop of Hereford taken froÌ„ the barre by Ecclesiasticall authority The statute of Edvv. 2. articuli â—lâ—â—i cap. 36. Eos the ordinance of circumspecté agatis â—do 1. so this effect â—y this statute of the â— of Ed. 2. and 15. of Edvv. 3. cap. 6. 31. E. 3. cap. 11. and by other statutes heretofore mentioned the iurisdiction of the Ecclesiasticall courtes iâ— allovved vvarranted by consent of Parlament in all cases vvherein they novv haue iurisdiction so as these lavves may be iustly called
the Kings Ecclesiasticall lavves or the Ecclesiasticall lavves of England Statut. de Consult editum an 24. E. 1. The explication true meaning of the former prouision 〈…〉 â—â—dâ—â—ations 〈◊〉 anno 5. Edouardi 2. 〈◊〉 18. 〈◊〉 â— cap. 5. Different Courtes shevv different origen of authorityes M. Attorneys common refuge refuted These 2. Kings made most restraints The punishment of these tvvo Princes and their posterity for their violence vsed tovvards the church Particular motiues of K. Edvvard 3. for proceeding as he had VValsingam in vit Ed. 1. anno â—341 The Kings letter to Pope Clement the sixt The complaint reasons against prouisions froÌ„ Rome * Sup. 35. â— â— VValsingam 〈◊〉 vita Edouards 3. The humble supplication of King Edvvard to the Pope before he made his restrictioÌ„s King Edvvardes great embassage vnto the Pope King Edvvards protestation of obedience for himself and his The continâ—ance of the Popes proâ—â—â—â—â— in England VValsing in vita Ed â— an 1366. Diuers other examples The lavve of premunire Polidor hist. Angl. lib. 19. A concordate betvvene the Pope and K. Edvv. for prouisions Supra cap. â— â— 4. 1. instance 16 â— 3. 〈◊〉 excom 4. 1. Ansvvere VValsing in vita Edou 3. anno 1340. â— instance In the Raigne of Ed. 3. â— Ansvvere Snprâ— fol 9. The common lavv cannot determine vvho shall giue cure of benefices vvith spirituall authority belonging therevnto This instance maketh against M. Attorney himselfe 3. Instance 17. â— 3. 23. 20. E 3. enâ—oâ—â—â— 9.16 E. 3 tit bâ—â—u 66. 21 E. 3.6 â— H. 7. 14. Fâ—â—z Na. br 2. Ed. 3. â—â—t excom 6. 21 E. 3. 4. fol. 4. 23. E 3. l. Ass pl. 75. 27. Ed. 3. fol 84. Fitz Na. Br. fol. 34. The Ansvvere to the first second 26. 〈◊〉 King Edâ—vard did not giue Episcopal iurisdictioÌ„ Supra cap. 2. 3. The saying of the Emp. Valentin Supra cap. 4. Supra cap. 6. To the 4. Trifling obiectioÌ„s To the 5. To the sixth Supra cap. 7. M. Attorneys case plaine against himself The 4. Instance 30. E. 3. l. ass pl. 19. 32. H. 4. 16 14 H. 4. 14. 8. H. 6. fol. 3. 35. H. 6. 42. 28 H 6. 1. 7. Ed. 36 14. 11. E. 4. 16 Fitz. Na. Br. fol. 64 E. vide 9. E. 4. fol. 3. hereafter fol. 11. It ought to be determined in the Ecclesiastical Courtes of EnglaÌ„d 21. E. 3. tit excoâ— 6. 31 â— 3. tit Ayde de Roy 103. The Ansvvere Bulls from Rome not admitted except they come certifyed froÌ„ some Prelate at home Sâ—â— Sup. cap. 7. Kings are capable of ecclesiasticall iurisdiction by commission The â— Instance 38. ass pl. 30. See the stat of 15. E. t. c. 4. 31. E. â— c. 11. 38. Ass. pl. 22. 46. E. â— tit pramunure 6. 49. E. 3. l. Ass. pl. 8. The Ansvvere Some things may beloÌ„g to differeÌ„t courtes in different respects Supra in 〈◊〉 â— VVhy the Abbot of VValtam vvas seuerely punished The â— Instance The summe of the first restraint about Prouisions Stat. 25. E. 3. de prouisoribus The Ansvvere AgreemeÌ„t betvvene the King and Pope about prouisioÌ„s VValsing in vita 〈◊〉 an 1371. See S. Bernard a◠〈◊〉 â—l 2. de Consideracione ad Eugeniâ—â— Of the reasons manner of coÌ„cluding these restraints by K. E. the 3. King Edvvards restraints diminished not his devv respect to the church An. 2â— E. 3. â—tat 3. Stat. â— cap. 1. 42. E. 3. â— 1. The disordinate life of K. Edvvard the third VValsing in vita Edouardi 3. an 1340. This King raigned 12 years froÌ„ 1377. to 1399. The causes of K. Richardes disorders King Richard often confirmed the libertyes of the church The practice of Church-libertyes by Clergy-men vnder K. Richard the second Respect borne by King Richard to the true Pope 2. Rich. 2. cap. 7. King Richard obeyed the Censures of the Church VValsing an 1379. M. Attorneys Instance out of this K. Raigne The crovvne of EnglaÌ„d not subiect to any in temporalityes In vvhat sense the Bishop yelded to the statute of Premunire K. Henr. 4. raigned 13. yeares from 1399. to 1412. Stovv in Kent 4. H. â— raigned ten years from 1412. to 1422. Richard Earle of Cambridg Henry lord Scroope treasurer Edmond Earle of March c. H. 6. raigned 18 yeres from 1422. to 146â— Polidor lib. 12. Hist. Augâ— in Hen. 6. VValsing in vita Henriei 4. an 1490. English Prelates sent to the Councell of CoÌ„stance Lavves for executing of Lollard and vvicklifists First Instance 2. H. 4. fol. 9. The Ansvvere Hovv Bishops may be called the Kings spirituall Iudges Supra cap. â— 2 Instance Fitz. Nat. 〈◊〉 269. This had a resemblance to an Attainder of treason â—herin there must be first an ind4ctment by one Iurie and a conuiction â—y anâ—ther 11. H. 4. 37. The Ansâ—â—re Tvvo condemnation not euer necessary in case of hâ—resy M. Attorneys marginal note reproued In Cod. l. Manicheos l. Arriani l. Quicunque apud Paul Diacon l. 14. 16. * See cap. ad abolendum cap. excoÌ„municamus extra de haeret in 6. de heret cap. Super co 6. Decâ—et l 5. 〈◊〉 2. de liçreticis An. 1227. Decree of Pope Gregory the nynth about proceeding against heretickes Causa 15. q. 7. c. Si quia tumidus ex con 1. Carthag Hovv the Pope in old time might alter English lavves 3 Instance 1. H. 4. fol. 69. 76. 14. H. 4. f. 14. vide 20. E. 3. l. ass pl. 19. before vide 13. E. 3. Certificat 6. vide 20. H. 6. 1. 35. H. 6. 42. 7. E. 14. Fitz. Na. Br. 46. ff 14. H. 4. 14. Statut. de 2. H. 4. cap. 3. Ansvvere to the first To the second VVhence Bishops courtes haue their authority * Râ—portes fol. 8. 9. To the third The King may commaund the Bishop to doe his duty 4 To the fourth 4 Instance Stat. 6. H. 4. 1. The Ansvvere Against brybing in Rome and other like abuses The first instaâ—ce of the Attorney Stat. de 3. H. 5 cap. 4. The Ansvvere This statute maketh nothing for M. Attorney Statut. de 2. H. 5. â— 7. Lâ—llardy a â—olio For as Cockâ—e is the 〈◊〉 of the Corne so is heresie the destruction of true religion Statut. de 2. H. 5. c. 1. The Ansvvere VVhy teÌ„porall Iustices medled vvith Lollards VValsing in vita Heâ—riâ—s 5. VVhence the name of Lollards vvas taken The three conuersions of EnglaÌ„d part 2. â—ap 9. nu 31. cap. 19. num 34. 35. c. For in his booke of Acts and monuments pag. 419. â— H. 6 fol. â— 9 H. 6. fol. 16. 1 H. 6. 1â— To the first Bullâ— could not be promulgated vvithout the certificate of a Bishop To the second See Supra cap. 6. 3 to the third K. Ed. 4. raigned .12 yeres from 1460. to 1483. Syr Thom. More in â—it Richards .2 〈◊〉 â— Richard 3. raigned from 14â—3 to 1485. K Henry the seueÌ„th raigned from 1485. to 1509. to vvit 24. yeres All fovver Princes agree in our
OF THE CONTROVERSY Discussed throughout this vvorks WHat is in the 〈…〉 in the 〈◊〉 yeare of 〈…〉 there is giuen 〈…〉 power and 〈…〉 as by any 〈…〉 hath 〈…〉 may lavvfully bee 〈…〉 did assigne 〈…〉 great Seale of England 〈…〉 diction whatsoeuer vvhich â—â— any manner â—pirituall 〈…〉 Authority or Iurisdiction can or may lavvfully be vsed to correct and 〈◊〉 errors heresies schismes abuses c. The question is Whether this authority and spirituall 〈…〉 to the ancient lawes of England in former times 〈…〉 were a Statute not introductory 〈…〉 lavv 〈…〉 only of an old so as if the said Act had neuer 〈◊〉 made yet the 〈…〉 that authority and might haue giuen it to others as 〈…〉 holdeth the affirmatiue part and the Catholicke 〈…〉 TO THE RIGHT VVORSHIPFVLL SYR EDVVARD COOKE KNIGHT His Maiesties Attorney generall SYR I had no sooner taken a sight of your last Booke entituled The fifth Part of Reportes vvhich vvas some number of monethes after the publication therof in England but there entred vvith the reading a certaine appetite of ansvvering the same and this vpon different motiues as vvell in regarde of your person and place abilitie and other circumstances depending theron as also of the subiect and argument it selfe vvhich yovv handled and manner held in handling therof to â—he greatest preiudice vvrong and disgrace of Catholickes and Catholicke religion that you could deuise And first in your person and place I considered your facultie and profession of the common lavves of our Realme your long standing and speciall preferment therin your experience and iudgemeÌ„t gathered thereby your estimation and credit in the Common-vvealth and your authority honour and riches ensuing thervpon all vvhich drevv me to the greater consideration of your Booke but principally your said profession of our Common temporall Municipall lawes vvhich science aboue all other next to Diuinitie it selfe doth confirme and conuince vnto the vnderstanding of an English-man the truth of the Catholicke Roman religion For so much as from our very first Christian Kings Queenes vvhich must nedes be the origen and beginning of all Christian common lavves in England vnto the raigne of King Henry the eight for the space of more then nyne hundred yeares all our Princes and people being of one and the selfe same Catholicke Roman religioÌ„ their lavves must needes be presumed to haue byn conforme to their sense and iudgment in that behalfe and our lavvyers to the lavves so as novv to see an English temporall lavvyer to come forth and impugne the said Catholicke religion by the antiquity of his Common-lavves throughout the tymes and raignes of the said Kings in fauour of ProtestaÌ„ts Lutheranes Caluinistes or other professors not knovvne in those dayes is as great a nouelty and vvonder as to see a Philosopher brought vp in Aristotles schole to impugne Aristotle by Aristotles learning in fauour of Petrus Ramus or any other such nevv aduersary or lately borne Antagonist Or as to behold an ancient Phisitian trayned vp in Galens tents to fight against Galen and Galenistes out of their ovvne bul-vvarkes or fortresses yea and this in ayde of Paracelsians or any other fresh crevv of Alchimian doctors vvhatsoeuer 3. This first consideration then of your person place and profession did inuyte me strongly to come and see vvhat you said in this behalfe but no lesse did the argumeÌ„t or subiect of your booke togeather vvith your maÌ„ner of treating the same of vvhich tvvo points I shall speake seuerally for that they haue seuerall ponderations all in my opinion both important rare and singular For vvhat more important matter can be thought of among ChristiaÌ„s then to treat of Spirituall Power Ecclesiasticall Authority being the kinges bench of Christ on earth the table of his scepter the tribunall of his dominion iurisdiction vvhereof dependeth the vvhole direction of soules the remission of our sinnes the efficacy of his Sacraments the lavvfulnes of all priesthoode and ministery the gouernment of the vvhole Church and finally the vigour frute effect of all Christian religion This is the importance of your argument M. Attorney and consider I pray you vvhether it standeth vs not much in hand to be attentiue vvhat you say and hovv substantially you pleade in this matter 4. And as for the other tvvo circumstances of rarenes and singularity vvhere may they more be seene then in this so vveighty a case conteyning the vvhole povver of the sonne of God both in heauen and earth for so much as belongeth to remission of sinnes and gouernement of his earthly inheritance vvhich is heere handled and ouer-ruled by a temporall lavvyer and by him giuen to a temporall Lady and Queene and this not only by force of a temporall Statute made in ParlameÌ„t to that effect the first yeare of her raigne vvhereby Ecclesiasticall Supremacy vvas ascribed vnto her but by the very vigour of her temporall crovvne it self vvithout any such Statute and by vertue of the ancient pretended Common-lavves of our Realme vvhich Common-lavves being made receaued introduced and established by Catholicke Kings and Queenes as hath byn said maketh the matter so strange and rare the vvonder admiration so great as neuer paradox perhaps in the vvorld seemed more rare singular in the eyes of Philosophers then this in the iudgement of learned Deuines And vvho then vvould not be allured vvith this singular nouelty to search somvvhat after the depth of so nevv deuised a mystery 5. After this ensueth as considerable your methode manner of handling this subiect vvhich to me seemeth nothing vulgar and consequently to you and 〈…〉 particularitâ—es 〈…〉 ‑ cero That yo◠〈…〉 uersies and 〈…〉 forth All that 〈…〉 grâ—â—e repâ—â—â—â—◠〈…〉 your side 〈…〉 vse your 〈…〉 the truth for 〈…〉 modesty and 〈…〉 7. All thâ—â—â—â—hin 〈…〉 encourage 〈…〉 reuievv o◠〈…〉 hope to my 〈…〉 modesty and 〈…〉 so much comm 〈…〉 ued and intenâ—â—◠〈…〉 cleere face 〈…〉 in your 〈…〉 you vvill doe 〈…〉 ‑ cile cedes 〈…〉 your self â—â— the 〈…〉 animo digâ—â—â—â—◠〈…〉 se sua spoâ—te 〈…〉 in deed to confessâ—◠〈…〉 fortitude but 〈…〉 ner goeth grea◠〈…〉 soules neuer-dying 〈…〉 â—e accompted our highest interest for that the â—uestion novv in hand betvveene you and me â—oÌ„cerneth the same most neerly as in the sequent â—reface vvill more largelie appeare â— Novv only I am to say promise also on my â—ehalfe that I meane to proceed in the prosecuâ—ion of this vvorke according to your foresaid â—rescriptions of truth temperance modesty and vrâ—anity and this both in center and circumference â—s neere as I can and if necessity at anie time or â—pon anie occasion shall enforce me to be more earnest it shall be rather in the matter it self then against the man I meane your self vvhose person and place I shall alvvaies haue in devv regard though I may not omit to tell you that in some partes of your booke especially tovvardes the end
oftentimes runneth no small daunger of his soule through the passions of anger hatred reuēge vain-glorie couetuousnes appetite of honour and the like affections of mynd vvhich peruert iustice and vvherof most strait accompt must aftervvard be rendred for the same 54. And if in any part of the vvorld this Fiscall office and authority be full of perill much more in England vvhere his povver is much more absolute then in any other countrey vvhatsoeuer For that in other Realmes the defendant for his life hath other Attorneyes and learned counsell allovved him as hath bene said but in England all is committed in a certayne sort to the Kings Attorney onlie vvhere the matter any vvay concerneth the Princes interest and albeit he be svvorne to be equall and indifferent betvvene the Prince and his subiect especiallie in matters of life and death yet doe all men see hovv that is obserued the Attorney thinking it his greatest honour to ouerthrovv any man that commeth in his vvay by all manner of opprobrious proceeding by scoffs iestes exprobrations vrging of odious circumstances tales inuentions cōparisons rhetoricall exaggerations the like vvhich seemed in old time so vnciuill and inhumane against men in misery that diuers States and Cōmon-vvealthes though Pagan and Gentile did forbid them to be vsed by the Actor notvvithstanding the lavv allovved them a defender and tvvice as much time for the defence as the Actor had for his accusation 55. All vvhich points of ayd and comfort doe faile in our English tryall of life and death and one more besides of singular importance vvhich is that the Iury commonlie is of vnlearned men and therby easilie either deceaued by crafty and coloured arguments of the accuser not hauing time to examine or iudgement to discerne them or led by false affectiōs or terrifyed by force of authoritie vvhich in graue learned Iudges vvere not so much to be feared And by this may M. Attorney acknovvledg vvith me some part of the danger of his office vvho by one onlie vvorde looke signe or action may oftentimes preiudice the bloud of the prisoners that stande at the barre much more by so many exaggerations reproaches and insolencies vsed against them VVho remembreth not that late hateful exprobration to the vnfortunate Earle to vvhome it vvas obiected at the barre that he thought to be the first King Robert and novv he vvas like to be the last Earle of that name and hovvse And the other yet more bitter vnto his Secretary Cuff that you vvould giue him at length such a cuff as should make his head to reele against the gallovves these things to men in misery are great encreasmētes no doubt of their calamityes and so much the more by hovv much they tasted of insolency neuer allovved of by vvise and moderate men tovvardes those that be in affliction or distresse And thus vvill I end this my first speach vvith you referring my self for the rest to that vvhich ensueth throughout this vvhole Answere Cath. Deuine A TABLE Of the particular Contentes Chapters and Paragraphes of this ensuing Treatise THe Preface to the Reader conteining the weight and importance of this our Controuersy wherby may be resolued whatsoeuer is in question betwene men of different Religions at this day in England The Answere to the Preface of Syr Edward Cooke the Kings Attorney Generall about Errour Ignorance and Truth and way to try the same Chap. I. pag. 1. The state of the Question in generall concerning Spirituall and Temporall Power and Iurisdiction their origen and subordination one to the other And how they stand togeather in a Christian Common-wealth Chap. II. pag. 23. The second part of this Chapter about the subordination of these two Powers the one to the other different greatnesse of them both § 1. pag. 32. The third Part of this Chapter shewing how these two Powers and Iurisdictions may stand well togeather in agreement peace and vnion § 2. pag. 40. The particular state of the controuersy with M. Attorney concerning the late Queenes Ecclesiasticall Power by the auncient lawes of England deduced out of the case of one Robert Caudery Clerke Chap. III. pag. 47. The second part of this Chapter with a more cleere explication of the Question § 1. pag. 57. VVheras in the case proposed there may be two kinds of Proofes the one De Iure the other De Facto M. Attorney is shewed to haue failed in them both And that we doe euidently demonstrate in the one and in the other And first in that De Iure Chap. IIII. pag. 63. The second Part of this Chapter wherin is shewed that Queene Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction § 1. pag. 74. Of the second sort of Proofes named De Facto wherto M. Attorney betaketh himselfe alleadging certaine instances therin And first out of the Kinges before the Conquest Chap. V. pag. 92. How the Attorney not being able to proue his affirmatiue Proposition of English Kinges Iurisdiction Ecclesiasticall before the Conquest we doe ex abundanti prooue the negatiue by ten seuerall sortes of most euident demonstrations that there was no such thinge in that tyme but the quite contrary Chap. VI. pag. 103. The first Demonstration of the lawes made by ancient Kinges before the Conquest § 1. pag. 105. The second Demonstration That the first Ecclesiasticall lawes in our Countrey came not from Kings but from Prelates § 2. pag. 108. The thid Demonstration That all Ecclesiasticall weighty matters were referred by our Kings and people to the Sea of Rome § 3. pag. 113. The fourh Demonstration That Confirmations Priuiledges Franquizes of Churches Monasteries Hospitalles c. were graunted by the Pope § 4. pag. 124. The fifth Demonstration That Appeales and Complaints were made to the forsaid Sea of Rome about Cōtrouersies that fel out in Englād § 5. pag. 131. The six Demonstration Of the Kinges and Archbishops that liued togeather in our Countrey before the Conquest and what lawes they were like to make § 6. pag. 139. The seauenth demonstration Of the concourse of our Kinges of England with other Princes and Catholike people abroad § 7. pag◠141. The eight demonstration Of the making tributary to the Sea of Rome the Kingdome of England § 8. pag. 142. The nynth demonstration Of the going of diuers Kinges and Princes of England to Rome for deuotion to that Sea § 9. pag. 147. The tenth demonstration Of the assertions and asseuerations of diuers Kinges of England for preheminence of spirituall Power VVith a Conclusion vpon the former demonstrations § 10. pag. 151. Of the Kinges after the Conquest vnto our times And first of the Conquerour himselfe whether he tooke spirituall Iurisdiction vpon him or no by vertue of his Crowne and temporall authority Chap. VII pag. 155. Reasons that shew William the Conquerour to haue acknowledged euer the authority of the Sea Apostolicke § 1. pag. 160. Of King William the Conquerour his lawes in fauour of the
Church and Church-men § 2. pag. 165. The first Instance of M. Attorney taken out of the raigne of K. William the Conquerour refuted § 3. pag. 169. Of King William Rufus and Henry the first that were the Conquerours sonnes and of K. Stephen his nephew And how they agreed with the said Conquerour in our Question of Spiritual Iurisdiction acknowledged by them to be in others and not in themselues Chap. VIII pag. 176. Of King Henry the first who was the third King after the Conquest § 1. pag. 180. Of the raigne of King Stephen the fourth King after the Conquest § 2. pag. 189. Of the Raigne of K. Henry the second great Grand-child to the Conquerour the fifth King after the Conquest with his two sonnes K. Richard and K. Iohn and their comformityes in this Controuersy Chap. IX pag. 196. Of the Raigne of K. Richard the first the sixt King after the Conquest § 2. pag. 208. Of the Raigne of K. Iohn who was the seauenth King after the Conquest § 3. pag. 222. Of King Henry the third that was the eight King after the Conquest and the first that left Statutes wrytten And what M. Attorney alleadgeth out of him for his purpose Chap. X. pag. 232. Two Instances alleadged out of the raigne of K. Henry the third by M. Attorney and of what weight they be § 1. pag. 245. Of the liues and raignes of K. Edward the first and second Father and Sonne And what Arguments M. Attorney draweth from them towards the prouing of his purpose Chap. XI pag. 256. Of K. Edward the first who was the nynth King after the Conquest § 1. pag. 257. Of King Edward the second which was the tenth King after the Conquest § 2. pag. 278. Of King Edward the third and K. Richard the second his nephew and successour And vvhat Instances or Arguments M. Attorney dravveth from their tvvo raignes vvhich continued betvveene them for seauenty yeares Chap. XII pag. 285. M. Attorneyes obiections out of the raigne of K. Edward the third aforesaid § 1. pag. 292. Of the raigne of K. Richard the second the tvveluth King after the Conquest § 2. pag. 308. Of the three King Henryes of the house of Lancaster the fourth fifth and sixth vvho raigned for the space of threescore yeares And vvhat is obserued out of their raignes concerning our Controuersy vvith M. Attorney Chap. XIII pag. 312. Instances alleadged by M. Attorney out of the raigne of K. Henry the fourth vvho vvas the thirteenth King after the Conquest § 1. pag. 315. Out of the raigne of K. Henry the fifth that vvas the fourteenth King after the Conquest § 2. pag. 322. Out of the Raigne of K. Henry the sixt the fifteenth King after the Conquest § â— pag. 326. Of the Raigne of fâ—ure ensuing Kinges to vvit Edward the fourth Edward the fifth Richard the third and Henry the seauenth And hovv confoâ—me they vvere vnto their Ancestors in this point of Controuersy vve haue in hand Chap. XIIII pag. 328. Iâ—stâ—nces out of the Raigne of K. Edward the fourth the sixteenth King after the Conquest § 1. pag. 331. Out of the Râ—igne of K. Henry the seauenth vvho vvas the nynteenth King after the Conquest § 2. pag. 337. Of the Raigne of K. Henry the eight and of his three Children King Edward Queâ—ne Mary and Queene Elizabeth And hovv the first innouatiâ—n thout Ecclesiasticall Iurisdiction vvas made and continued in their daies Châ—p XV. pag. 341. The ansvvere to certayne Instances of M. Attorney out of the Raigne of K. Henry the eight § 2. pag. 351. Of King Edward the six the one and tvventith King after the Conquest § 3. pag. 357. Of the Raigne of Queene Mary the tvvo and tvventith Princesse after the Conquest § 4. pag. 359. Of the Raigne of Queene Elizabeth vvho vvas the three and tvventith Princesse after the Conquest and last of K. Henryes race § 5. pag. 361. Certaine Expostulations vvith M. Attorney about euill preceeding iniuryes offered to diuers sortes of men in this his booke of Reportes especially to â—ards the end therof Togeather with the Conclusion of the whole worke Chap. XVI pag. 368. The first expostulation in the behalfe of Recusant-Catholickes of England grieuâ—â—sly iniured by M. Attorney § 1. pag. 369. The second Expostulation in the behalfe of all English Catholickes in generall § 2. pag. 376. The third Expostulation in the name of all moderate and peace-louing subiects whatsoâ—uer § 3. pag. 384. An Index or Table of the particular matters conteyned in the vvhole worke THE PREFACE TO THE READER Concerning the weight and importance of this our Controuersie wherby may be resolued whatsoeuer is in question between men of different Religions at this day in England ALBEIT the moment and vtility of that we haue in hand discreet Reader will best be seene by perusall of the Treatise it self and by thy iudicious consideration therof yet for thy better encouragement to this labour and to stirr thee vp to more attention herin I haue thought good to touch some points in generall at this first entrance remitting the larger and more particular declaration therof vnto that which is to ensue throughout the whole discussion of the Controuersie 2. First then to pretermit the whole view of our English Christian antiquities which heer by fit and necessarie occasion is searched laid open togeather with the liues and laws gouerment and Religion of all our Christian Kings both before and after the Conquest This one point seemeth to me to be of most moment for the present that wheras vnder the raigne of Queen Elizabeth about whome principallie is our question three sortes of Religion did stand vp striue togeather and doe vnto this day the Protestant the Puritane â—nd the Catholicke their whole contention seemeth to mee to ly within the limits of this Controuersie moued by M. Attorney about Q. Elizabeths spirituall iurisdiction and that out of the same the whole may easily be determined as presentlie you shall see 3. For wheras there are two principall partes of any Religion whatsoeuer the one doctrine or precepts for instruction the other power and authoritie for direction and gouerment albeit the first be the ground and foundation wheron to buyld and worke yet is the second that which giueth life and motion to the former and must try and iudge the same for that in euery religion or societie of men professing one and the self same faith those that are the cheife meÌ„bers therof presumed to â—aue principal power and spiritual iurisdiction therin are they that must authorize discerne and iustifie the doctrine therof to their followers For as S. Augustine said in â—is daies to the Manichies that pressed him to beleeue certaine thinges out of the scripture in their sense That he vvould not beleeue the ghospell it self to be the ghospel except the authority of the Chuch did moue him thervnto that is to say the cheife gouernours of the
this shall suffice to this point Now will M. Attorney passe to another of the commendation of Truth as though that were with him and his And wee shall follow him to examine that point also as wee haue done this other about Ignorance The Attorney On the other side Truth cannot be supported or defended by any thing but by Truth herselfe and is of that constitution and constancy that she cannot at any time or in any part or point be disagreable to her self She hateth all bumbasting and sophistication and bringeth with her certainty vnity simplicity and peace at the last Putida salsamenta amant origanum veritas pèr se placet honesta per se decent falsa fucis turpia phaleris indigent Ignorance is so far from excusing or extenuating the error of him that had power to finde out the truth which necessarily he ought to know wanted only will to seeke it as she will be a iust cause of his great punishment Quod scire debes non vis non pro ignorantia sed pro contemptu habers debet Error and falshood are of that condition as without any resistance they will in tyme of themselues fade and fall away But such is the state of Truth that though many doe impugne her yet will she of her self euer preuaile in the end and flourish like the palme-tree she may peraduenture by force for a tyme be troden downe but neuer by any meanes whatsoeuer can she be troden out The Catholike Deuine 16. None do more willinglie heare the commendation of Truth then we who say with S. Paul VVee can do nothing against truth but for truth And therfore do I willinglie ioyne with M. Attorney in this point of praisinge Truth Wee do mislike also no lesse then he all bumbasting and sophistication neither are we delighted with stinkinge salt-fish that had need of Orygon to giue it a good sauour Wee allow in like manner of his other latin phrases and do confesse that Truth herselfe may be troden downe for a tyme by force but neuer troden out But what is all this to the purpose we haue in hand of findinge out the Truth in this our controuersie Let vs suppose for the present that both partes do like well of her but what meanes is giuen heere or may be giuen to discouer where she lyeth In all other controuersies lightly our aduersaries are wont to remit vs only to scriptures for tryall which was an old tryck in like manner of their foresaid forernuners as the auncient Fathers testify for that scriptures being subiect to more cauillation many times both for the interpretation and sense then the controuersie it selfe gaue them commodity to make their contentions immortall 17. But the same Fathers vrging them with a shorter way asked them still Quid prius quid posterius What was first and what after for that heresie is nouelty and commeth in after the Catholike Truth first planted And for that euery hereticke pretendeth his heresie to be ancient and from the Apostles the said Fathers do vrge further that this Truth of our Religion must not only be eldest but must haue continued also from tyme to tyme at least with the greater part of Christians Quia proprium est hareticorum omnium saith old Tertullian pauca aduersus plâ—â—a posteriora aduersus priora defendere It is the property of all hereticks and their peculiar spirit to defend the lesser number against the greater and those things that are later against the more auncient Which agreeth with another saying of Tertullian Quod apud multos vnum inuenitur non est erratum sed traditum That which is found one and the self-same with many to witt the greater parte in the Christian Church is no error but commeth downe by tradition So hee But S. Augustine deliuereth another direction much conformable to this in sense though different in words Consider saith he what is KATH'HOLON Id est secundum totum non secundum partem According to the whole and not only to a part and this is the truth And another of his tyme saith Teneamus quod ab omnibus creditum est hoc enim verè Catholicum Let vs hold that which hath byn beleeued by all for this is truly Catholike and consequently Truth it self And another Father before them both Catholicum est quod vbique vnum That is Catholike vndoubtedly trew which euery where is one and the same And this both in tyme place and substance 18 These are the ancient Fathers directions now let vs apply them to our present question which is so much the easier to discusse for that albeit it comprehend some part of doctrine in controuersie concerninge the Right of temporall Princes to spirituall Iurisdiction yet is it principally and properly a question of fact to witt whether by the ancient common laws of England and practice of our Princes according to the same spiritual Iurisdiction they were exercised by them in former ages by force and vertue of their Imperiall crownes as Queene Elizabeth did or might do by the authority giuen her by an Act of Parlament in the first yeare of her raigne wherby she was made head of the Church and supreme gouernesse as well in all causes Ecclesiasticall as temporall In discussion wherof if we wil vse the directions of the forsaid Fathers for cleere and infallible tryall we shall easily find out where the Truth lyeth which is the but we ought to shoore at and not to contend in vayne for that our assertion quite contrary to that of M. Atourneys is That if we consider the whole ranke of our Christian English Kings from the very first that was conuerted to our Christian faith to witt King Ethelbert of Kent vnto the reigne of King Henry the eight for the space of more then nine hundered years and King Henry himself for the greater and best part of his reigne did all and euery one of them confesse acknowledg the spirituall power and Iurisdiction of the Sea of Rome and did neuer contradict the same in any one substantiall point either by word law or deed but did infinite wayes confirme the said authority ech one in their ages reignes And this is that KATH'HOLON or secundum totum which S. Augustine requireth and vbique vnam which the other Fathers do mention which is a Catholike proofe in a Catholike cause and M. Attorney must needs fly ad partem to a parte only to witt to two or three later Kings of aboue halfe a hundered that went before which is a schismaticall proofe as S. Augustine sheweth Contra partem Donati Against the parte of the heretick Donatus And before him Opratus Mileuitanus and diuers other Fathers who alwayes call Sectaries a Part For that they follow indeed but a part and Catholiks the whole and therof saith S. Augustine their name is deriued And thus much shall serue for our
euill and pernicious man by excommunication which is an act of externall Iurisdiction called by Canon lawyers Actus sori contentiosi As to absolue or retaine sinnes in the Sacrament are acts of Internall Iurisdiction appertaininge to sorum conscientiae the tribunall of conscience 17. So that as the temporall magistrate for furnishinge of his authoritie hath Power also to punish temporallie when occasion is offered and this either in goods body or life so haue Spirituall Magistrates also by Christ his appointment Ecclesiasticall Power not onlie to teach exhorte instruct and direct as hath been said but to punish in like maner by Spirituall Censures much more greiuous and dreadfull in respect of the life to come than are the fore named punishments of the ciuill magistrate for this life Which Censures are three in number answeringe after a certaine manner to the former three of the temporall magistrate and these are accordinge to Catholike diuinitie and Canons of the Church Suspension Interdict and Excommunication which I leaue further to discusse in this place THE SECOND PART OF THIS CHAPTER About the Subordination of these two Povvers the one to the other and different Greatnes of them both §. I. 18. Vpon these and other like considerations then and premisses Catholike deuines doe deduce that these two Povvers of Spirituall and Temporall Iurisdiction whensoeuer they meet togeather as in the Christian Common-wealth they doe they are subordinate the one to the other according to the rule of Aristotle in Philosophie which holdeth also in this case of diuinitie that whensoeuer the ends of anie faculties be subordinate and doe serue the one to the other there also the faculties themselues are subordinate And so wheras the end of Spirituall Authoritie is to direct men to euerlastinge Saluation of their soules and the end Temporall Gouernment to procure their temporall prosperitie but yet with referment and subordination to the attainment also of life euerlasting in the next world it followeth by most certaine consequence that Temporall Gouernment is subordinate to the spirituall which is so much the more excellent and eminent as is an euerlastinge end aboue a temporall our immortall soule before our corruptible bodyes and the Kingdome of heauen before worldlie prosperitie 19. Out of which considerations no doubt did proceed those speeches of ancient and holie Fathers about the comparison of these two Povvers Ecclesiasticall and Temporall which are founde euery where in their workes highly preferringe the one before the other and subiecting the one vnto the other An me liberè loquentem aequo animo feretis saith S. Gregorie Nazianzen to the Emperour Nam ves quoque c. will you heare me with patience to speake my minde freely vnto you Which truelie you ought to doe for so much as the law of Christ hath made you subiect to my Power and to my tribunall For wee Bishops haue an Empyre also and that more excellent and perfect then yours except you will saie that spirit is inferiour to flesh and heauenly things to earthly But I doubt not but that you will take in good parte this my freedome of speach you being a sacred sheepe of my holie flocke and a disciple of the great Pastor rightly instructed by the Holy-ghost euen from your young years c. So Gregorie Nazianzen to the Emperour 20. And heere we see what difference this greate Doctor and Father S. Gregorie Nazianzen almost 1300. yeares gone did put between these two Powers of Kings and Bishops Ciuill and Ecclesiasticall dignitie euen as much as between flesh and spirit heauen and earth And the same difference doth S. Chrysostome set downe in his bookes of Priesthood and elswere I shall alleadge some place or two out of him as breifly as I may that you may see his sense and iudgement therin though I would wish the Reader to peruse the places themselues heere cited for that they will fullie satisfie him in this matter 21. First then in his third booke of Priesthood comparinge the Power of a King with the Power of a Priest he hath these words Habent quidem terrestres Principes vinculi potestatem verum corporum solum c. It is true that earthlie Princes haue power to binde but our bodyes onlie But the bands which Priests can lay vpon vs doe touch the soule it self and reach euen vnto the heauens so far forth as whatsoeuer Priests shall determine heere beneath that doth God ratifie aboue in heauen and confirmeth the sentence of his seruants vpon earth And what is this I pray you but that God hath giuen all heauenlie Power vnto them according to those words of his VVhose sinnes soeuer you shall retaine they are retained And what Power I beseech you can there be greater then this I read that God the Father gaue all manner of Power vnto his Sonne And I see againe that God the Sonne hath giuen ouer the self same Power vnto Priests c. what a manifest madnes then is it for any man to despise this Princedome of Priests without which we cannot possibly be made partakers either of eternall saluation or of the good promises of our Sauiour c. Quo nomine sacerdotes non modo plus vereri debemus quam vel Principes vel Reges verum etiam maiori honore quam parentes proprios honorare In which respect wee ought to reuerence feare Priests more not only then Princes and Kings but honour them also more then our owne parents c. All these are S. Chrysostomn wordes 22. And the same Saint in his Homilies vpon Esay the Prophet writeth thus Rex quidem ea quae sunt in terris sortitu◠est administranda c. The King hath receiued the administration and gouernment of those things that are on the earth But the Priests authoritie commeth from heauen whatsoeuer you shall binde saith Christ vpon earth that shall be bound in heauen To my King are committed earthlie things but to me heauenlie and when I say to me I vnderstand a Priest c. To the King are committed the bodies to the Priest the soules the King can remitt bodily spotts but the Priest can take away the spotts of sinne Maior hic principatus This principallitie of Priests is greater then that of Kings 23. Aud yet further in another Homilie vpon the same Prophet Sacerdotium principatus est ipso etiam regno venerabilius maiu◠Ne mihi narres purpuram c. Priesthood is a Princedome yea more venerable and great then is a Kingdome Doe not tell mee of the purple or diademe or scepter or golden apparrell of Kings for these are but shaddowes and more vaine then flowers at the spring time Si vis videre descrimen quantum absit Rex à sacerdote expende modum potestatis vtrique traditae If you will see indeed the true difference between them and how much the King is inferiour to a Priest consider
ielousy other like motiues to doe or attempt that especially in these later ages which reason and Religion did not allwayes approue nor themselues nether vpon more mature deliberation And yet doe I not graunt that M. Attorney bringeth any thing of moment in this kind of proofe de facto also as after shall appeare though all his pretences of proofes be in this kind only 3. For as for the first though he entitle his booke De Iure as you haue heard yet little or nothing doth he alleadge therin worthie to be repeated Only he hath one Argument mencioned and refuted by vs before in the second Chapter of this Answere which is that the Kingdome of England being an absolute Empire and Monarchie consisting of one head which is the King and of a body politicke deuided into two generall partes the Clergie and the Layty both of them next vnder God must be subiect obedieÌ„t to the same head in all causes for that otherwise he should be no perfect Monarch or head of the whole bodye c. 4. But to this the answere is playne by the groundes we haue laid downe in the same Chapter of the different origen of spirituall and temporal power and that it is sufficient to any temporall Monarch and to the perfection of his Monarchie that all sortes of people throughout his dominions as well Clergie as Layty be subiect vnto him in all temporall affayres and that with this perfection of Monarchie were content both Constantyne the first christian Emperour also Valentinian Gratian Theodosius Arcadius Honorius Iustinian and other Emperours that eusued after him as also Charles the Great in France with his Successours all our English Kings before K. Henry the eight who esteemed themselues for greate perfect Monarches ouer their people as in deed they were without this chalenge of Spirituall Iurisdiction in Ecclesiasticall matters And therfore the said greatest Emperours were content also to beare patiently and christianly the denyall therof in diuers occasions by their good Bishops Prelates S. Basil S. Gregory Nazienzen S. Ambrose S. Chrysostome yea and checkes also for vsurping somtymes either by themselues or their officers vpon Ecclesiasticall power that belonged not to them wherof many examples might be alleadged and some haue bene touched before in the place mencioned For to this end was that admonishment of S. Gregory Nazienzen to the Emperour Valentinian that he should vnderstand that he being a Bishop had greater Authority than the said Emperour To the same effect likwise was the resolute speech of S. Ambrose vnto the same Valentinian Nolite grauare Imperator c. Trouble not your self Emperour in coÌ„maÌ„ding me to deliuer the Church nor doe you perswade your self that you haue any Imperiall right ouer those things that are spirituall or diuine exalt not your self but be subiect to God if you will raigne be content with those things that belong to Cesar and leaue those which are of God vnto God Pallaces appertaine to the Emperour and Churches vnto the Priest You haue right ouer the walles of the Cyttie but not vpon sacred howses So he And the same S. Ambrose some 3. or .4 yeares after vsed the like speech of superiority in spirituall matters to the good Emperour Theodosius checking him greiuously yea keeping him out of the Church and holding him vnder excommunication for eight monethes togeather And when the said good Emperour came humbly on foote unto him saying Ora vt mihi soluas vincula ne mihi occludas ianuam I beseech you loose my bandes and shutt not the Church doore against me The other answered what pennance can you shew me that you haue done since the committing of your greiuous sinne c. 5. And the like libertie of speech might I alleadge out of S. Chrisostome where speaking of the presumption of King Ozias that would meddle in Spirituall matters vsed this Apostrophe vnto him Mane intra terminos tuos aly sunt termini Regni alij termini Sacerdoty hoc Regnum illo maius Stay king within thy bounds and limitts for different are the boundes of a Kingdome and the limitts of Priest-hood and this Kingdome of Priest-hood is greater then the other wherof he yeldeth this reason a little after Regi corpora commissa sunt sacerdoti animae The bodyes be committed to the Kinge the soules to the Priest And in the next homily following he inferreth this conclusion Ideoque Deus c. Therfore hath God subiected the head of the King to the handes of the Priest instructing vs therby that the Priest is a greater Prince then the king for that according to S. Paul the lesser allwayes receaueth blessing from the greater and more eminent Other Fathers sayings to the same effect I purposely omitt for breuityes sake but by these few M. Attorney may see how he is deceiued in placing the perfection of a temporall Monarchie in hauing spirituall Iurisdiction ouer Priestes in Ecclesiasticall affayres 6. We read that when Constantius the Emperour some to Constantyne the Great tooke vpon him to fauour the Arrian heresye he called vnto him diuers Catholike Bishopps as S. Athanasius doth relate and setteth downe their names willing them to subscribe to that which he had appoynted for the bannishment of the said S. Athanasius and communion with the Arrians Quibus admirantibâ—â— c. Who marueling saith he at this commandement as a new thing and telling him that this was not according to the Ecclesiasticall Canons the Emperour replyed I will haue that held for Canon which I doe appoint either obey or goe into banishment wherat they more wondering and holding vp their hands to heauen did with libertie propose their reasons vnto him telling him that his Kingdome was not his but from God who had giuen it vnto him and that it was to be feared least he would take it againe from him and finally denounced vnto him the last daie of iudgement persuading him that he should not peruert the course of Ecclesiasticall affayres nor intermeddle his Roman Empire in dealing with Ecclesiasticall Constitutions c. So Athanasius of these good Bishops 7. And vnto the same Emperour a little after that great and famous Confessor Osius who among the rest had sitten as Iudge in the Nicene Councell vpon like occasion wrote this graue and important admonition Define quaeso memineriste mortalem esse resormida diem iudicij c. Leaue of I beseech thee ô Emperour and remember that thou art mortall feare the day of iudgement and keep they self pure from this kind of synne and doe not intermeddle with Ecclesiasticall causes Do not vse commandements to vs in this kinde but rather learne of vs God hath committed the Empire vnto thee but vnto vs the things that appertaine to his Church and as those that malignantly doe carpe at thy Empire doe contradict the ordinance of God so beware thou least by
Valentinian the elder who refused to be present and much more President in certaine conferences about religion betwene the Catholicke Bishops the Arrians vpon consideration of these two distinct Orders of Clergie and lay-men though he were inuited therunto by Catholicke Bishops themselues Mihi quidem saith he cum vnus de populo sim fas non est talia perscrutari verum sacerdotes qui bus haec cura est apud semetipsos congregentur vbi voluerint Vnto me that am but one of the lay people it is not lawfull to examine such things as appertayne vnto religion but let priests to whome this care is committed meet togeather amoÌ„g themselues to discusle the matter where they will So much was this distinction between lay-men and priests esteemed by this auncient Christian Emperour 11. Secondly I demaund of M Attorney concerning his distinction of Courtes and causes to be handled therin Temporll Spirituall how it commeth to passe that the Conusaunce of such causes as here he calleth Spirituall belong not as he saith to the Common-lawes of England No nor as presently after he affirmeth could not belong For that they are not within the conusaunce of the sayd Common-laws And why is this I praye you For if the temporall Prince be equallie head in both causes and in both Iurisdictions and that the power to knowe discerne iudge in both sortes doe descend only from the temporall Prince as before out of the Statute of King Edward the 6. you haue heard by the Statute-makers determined and M. Attorney confirmeth euery where in these Reportes then should the common-Lawes of our Realme which are the temporall Princes law be coÌ„mon indeed according to their name to all causes aswel Spirituall as Temporall for that their author and origen which is the King hath equall Power Iurisdiction in both for that it is a maxime vncontrollable that according to the Iurisdiction of the Lâ—w maker vertue and power of the law doth extend it selfe And then doth M. Attorney affirme that the conusaunce of so many Ecclesiasticall causes as he setteth downe is not within the compasse of our Common-lawes or what compasse will he assigne or lymitt to that Princes lawes that according to this assertion hath power in all Is not this to contradict himself and to ouerthrow with the one hand that which he goeth about to establish with the other For if the Kings power be common to both causes aswell Ecclesiasticall as Temporall then must the Kings Common-lawes be common to both Courtes and matters therin handled 12. But let vs see a certaine sleight or euasion of his worth the noting As in temporall causes saith he the King by the mouth of the Iudges in his Courtes of Iustice doth iudge and determyne the same by the temporall lawes of England so in causes Ecclesiasticall as Blasphemy Apostacy Heresyes Ordering Institutions of Clerkes c. the same are to be determined and decyded by Ecclesiasticall Iudges according to the Kings Ecclesiasticall lawes of this Realme Marke here gentle reader how M. Atnorney playeth wyly beguyly For according to the proportion of his coÌ„parison he should haue coÌ„cluded thus So the King by the â—outh of his Ecclesiasticall Iudges doth iudge and determine the said Spirituall Ecclesiastical causes by his owne Ecclesiasticall lawes But this he foresaw would include this great inconuenience among others that if he said that the King did iudge determine by the mouthes of his spirituall Iudges the aforesaid spirituall causes as he doth the temporall then might he doe the same yea and exercise them also immediatly by himself if need were aswell as by others for in all temporall iudgments and affayres the King may sit himself in courte and performe in person whatsoeuer his Officers by his authority doe or may doe which yet M. Attorney saw would be somwhat absurde to graunt in the spirituall causes proponed by him of Blasphemy Ordering of Priests or giuing holy Orders Institutions of Clerkes Celebration of diuine seruice and the like to witt that the King should performe them immediately in his owne person for who would not say it were absurde for example that the King should sing or say the common seruice to the people or administer the Sacrament of Absolution or Marriage or giue holy Orders and the like which yet the Bishop of Rome and all other Bishops or Prelates neuer so great doe may doe without inconuenience And in truthe it followeth euidently that he who can giue authority or power for another to doe a thing as from himself and in his name may performe the same in person also if he list at least wise it cannot be vnlawfull for him so to doe And therfore coming to the application of his comparison he changeth his phrase and saith that the same are to be determined and decyded by Ecclesiasticall Iudges according to the Kings Ecclesiasticall lawes of this Realme 13. Wherin you must note another shifte more poore and silly then the former for that hauing declared vnto vs before that there are two generall partes and members of the Realme to witt the Clergy and the Laity and that these two haue two seuerall Tribunalls in their affaires gouerned by two sortes of different lawes Temporall and Ecâ—lesiasticall Common and Canon and these deriued from two different Authors and origens the Common-law from the temporall Prince and Commonweath Ecclesiasticall from others saith M. Atorney but specifieth not from whom or whence though all the world knowe that they come originally from the Church Sea Apostolique all which inferreth distinct originall Iurisdictions M. Attorney by his great witt hath deuised a newe sleight neuer perhaps yet heard of in the world before which is to make these Ecclesiasticall lawes though deriued from others to be the Kings owne lawes for that he approueth and alloweth them within the Realme and consequently that all lawes both Temporall and Spirituall doe come from the King as their Author which is a token that he hath full Supreame power And this singular deuise pleaseth him so well as he repeateth the same sundrie tymes in this Treatise You shall heare the same in his owne words in this place how dangerous and preiudicyall a Conclusion he buildeth vpon the same against Catholiques 14. For as the Romans saith he fetching diuers lawes from Athens yet being approued and allowed by the State there called them notwithstanding Ius Ciuile Romanum And as the Normans borrowing all or most of their lawes from England yet baptized them by the name of the lawes or customes of Normandy so albeit the Kings of England deriued their Ecclesiasticall lawes from others yet so many as were approued and allowed here by and with a generall consent are aptly rightly called the Kings Ecclesiasticall lawes of England which whosoeuer shall deny he denyeth that the King hath full and plenary power c. And consequently that he is no coÌ„plete Monarch nor head
of the whole entire body of the Realme 15 You see whervnto this deuise tendeth to make yt a matter of treason to deny this fancy of M. Attorney that for so much as the Canons and Ecclesiasticall lawes of the Church made by Popes and by Generall Councells from tyme to tyme and receued vniuersally for spirituall and Ecclesiasticall matters throughout the Christian world were receued also and allowed by the Kings Comnn wealth of England which was an euident argument of their acknowledging of the said Ecclesiasticall Iurisdiction of the Church and spirituall gouernours therof of this approbation and allowance he would inferr that these lawes were the Kings lawes though deriued as he sayth from others that is to say from Popes and Bishopps At which inference I doubt not but that his fellow-lawyers will smile And truly I am sory that he being accoumpted so great a man in that faculty which is wont to reason well hath giuen so manifest occasion of laugther For that euery puney young student of law will see by common reason that the admitting of an other mans lawe doth not make it his lawe or that he had power to make that lawe of himself but rather to the contrary it sheweth that the admitter acknowledgeth the other for his Superiour in all matters contained vnder that law For the power of making lawes is the highest power that principally proueth dominion in any Prince and the admitting and obeying therof by another Prince is an euident argument of inferiority and subiection and so here the admitting of the Popes Ecclesiasticall and Canon-lawes was an argument that the admitters acknowledged his supreme authority in Ecclesiasticall affayres 16. Neyther is M. Attorneys example of the Romans or Normans any thinge to the purpose all For that the Romans did not take from the Athenians any formall lawes made by them for the gouernment of the Romans for that had been to acknowledg superiority as before hath bene said but rather they taking a suruey of all the Grecian lawes aswell of Athens as other Common-wealthes or States they tooke parcells therof here and there and applied the same to their Common-wealth which was properly to make lawes of them selues And the like may be sayd of the Normans if they borrowed any of their lawes from England which yet I neuer read in any Author besides M. Attorney but rather that the Normans gaue lawes to England 17. But nowe in the Canon-lawes receiued in England for almost a thousand yeares together after our first Conuersion the matter is farr different for that these were receiued wholy and formally as lawes made by another superior power in a different Tribunall different causes sent expresly to England and to all other Christian Kingdomes to be receiued and obserued and some also out of the same Ecclesiasticall power made within the land by Synodes and Prelates therof and promulgated to be obserued both by Prince and people formally and punctually as they lay and so were receiued admitted allowed and put in execution by the said Prince and his Officers except perhaps some tymes some clause or parte therof might seeme to bring some inconuenience to the temporall State for which exception was made against it and the matter remedied by common consent And this was another manner of admitting lawes then the Romans admitted some peeces of there lawes from Athens or rather translated some pointes of the Athenian lawes into theyrs which was to make them selues Maisters of thus lawes and not receiuers or admitters And finally wee see by this to what poore and pittifull plight M. Attorney hath brought the title of his booke De Iure Regis Ecclesiastico Of the Kings Ecclesiasticall law to witt that it is the Popes Ecclesiasticall law◠in deed made and promulgated by him and his but receiued and obeyed by the King and consequently not the Kings law but the Popes 18. Wherfore to conclude the first part of this Chapter for so much as M. Attorney by these two arguments De Iure which are the only he mentioneth hath proued no right at all of supreme spirituall Iurisdiction to haue accrewed to Q. Elizabeth by the title and interest of her temporall Crowne but rather the contrary to witt that both his Arguments haue proued against himself we see therby how vnable he is to proue his said affirmatiue proposition by this first head and sorte of proofe De Iure I shall now in the second part of this chapter endeuour to prooue the negatiue by as many sortes of rightes and lawes as any thing may be proued that is to say not only by Canonicall Ciuill lawes but by law of Nature also of Nations Mosaycall Euangelicall and by our ancient Common-lawes of England all which doe concu◠in this that Q. Elizabeth being a woman could not haue any supreame spirituall power or Iurisdictiō in Ecclesiasticall matter◠THE SECOND PART OF THIS CHAPTER VVherin is shevved that Q. Elizabeth in regard of her sex could not haue supreame Ecclesiasticall Iurisdiction §. I. 19. First then being to performe this we are professe in this place that we meane not to imitate the proceeding of some Protestants in this behalf who following no certayne rule of doctrine no◠moderation in their doings or writings doe passe to extreames therfore feeling themselues greiued vnder Q. Maryes raigne with the course of Catholike religion then held tooke vpon them to publishe that women were not capable of any gouerment at all Temporall or Spirituall nor to be further obeyed than they would make Reformation in Religion for so they called it comforme to their willes and prescriptions as appeareth by the bookes writings and actions both of Goodman VVhitingham Gilbye Knockes others who taking their fire of fury from Geneua sought first to kindle the same in England and being repulsed thence brake into open flames of combustion in Scotland and neuer coassed vntill it brought two Noble Queens mother and daughter to their ruyne and afterward put their heire and successor into such plunges by those and other heades of like doctrine and desperate attemptes answerable therunto as Gods right hand did only preserue him from like ruyne 20. But we are not of this spirit to seeke reuenge by such new brayn-sicke doctrine we graunt that Queens may lawfully raigne inherite that Successiō which euery Countrey by their peculiar lawes doth allow them The great Kingdome of France doth excude them so doe many lesser States in Italie and Germany and other Countryes yet doth Spaine England Scotland and Flanders admitt them for preuenting other inconueniences when Male-sucessors doe fayle So as for this point of Q. Elizabeths temporall gouerment we haue no controuersie in this place If any fell out betweene her and the Bishop of Rome whose authority she tooke from him and applyed it to her self and many otherwayes exasperated him that fact appertayneth not to vs that are priuate men to iudge
Chapter and fourth demonstration therof I will remitt the Reader therunto Only I cannot let passe to recite vnto you in this place a certaine Charter of K. Ethelbert of Kent our first Christian English King confirmed by a Bull in lead of S. Augustin first archbishop of Canterbury and legate of the Sea Apostolike vnto the monastery of S. Peter Paul in CaÌ„terbury erected by the said K. Ethelbert the words of the Charter are these In nomine Domini nostri Iesu Christi c. Ego Ethelbertus Rex Cantij c. In the name of our Lord Iesus c. I Ethelbert King of Kent with the consent of the venerable Archbishop Augustine and of the Princes of my Realme do giue and graunt in the honour of S. Peter and S. Paul a certaine peâ—ce of my land which lyeth in the East parte of Canterbury to this intention only that a monastery be buylded in that place with this condition that my said land be for euer in the power of the said Abbot which there shall be ordeined And therfore I doe adiure and commaund in the name of allmightie God that is the iust Iudge of all that the foresaid gift of lands made by mee be held for euer firme so as neither it bee lawful for mee or any of my Successours Kings or Princes or for any Ecclesiasticall person of what degree or dignitie soeuer to defraud the said monastery of the same or any parte therof And if any man shall goe about to impeach or diminish any point or parte of this donation let him bee seperated in this life from the holie communion of the body and bloud of Christ at the day of iudgment for the demeritt of his malice be sequestred from the company of Saints and all good men Giuen at Canterbury Anno Christi 605. the 8. indiction 12. Thus goeth that Charter and in the same forme went all other Chartes of this Kinde wherin is to be noted first the dreadfull imprecation against all breakers therof confirmed by the Authority of so great a Saint as S. Augustin was how many lamentable inheritours wee haue of these curses and imprecations in our countrey and round about vs at this day where all such pious works are ouer throwne And secondly for that he saith expresly that he did all by the counsell and consent of S. Augustine it may be inferred that whatsoeuer priuiledges he gaue that may seeme to appertaine to Ecclesiasticall matters or Iurisdiction he did them vnder ratihabition of the said S. Augustine that was not only Archbishop but legat also of the Sea Apostolike and confequentlie had authoritie to exempt the said monastery as we see he did not only from the Iurisdiction of all other Bishops but of his owne Sea also in such sorte as no Archbishop of Canterbury had any authoritie ouer them which is much more then the Charter of Kenulsus alleadged heere by M. Attorney And we doe reade that the monks of Canterbury did pleade this Charter of K. Ethelbert confirmed by S. Augustine for their liberties against the Archbishop Richard Successor of S. Thomas Becket in the yeare of Christ 1180. 13. Wherfore to conclude this matter it seemeth that M. Attorney hath gotten nothing at all by this his instance of K. Kenulfus whether in his Charter he meant of temporal or spiritual iurisdiction For if he meant of teÌ„porall that is to say that the Abbey of Abindon should be free from molestation of the Bishops officers in temporall affaires it is nothing to our purpose and if he meant of spirituall Iurisdiction cleere it is that the said King had it not of himself by right of his crowne as M. Attorney often repeateth and vrgeth without all grounde but either from the Bishops of his Realme gathered togeather in Parlament which seemeth very probable by the words of the Charter Consilio Consensu Episcoporum That he did it by the Counsell and Consent of his Bishops or that he had it immediatly from the Pope as we haue shewed the vse to be in those dayes shall doe more largly in the ensuing Chapter 14. And that which is yet more and seemeth to conuince the whole matter to decide our very case in particular I doe reade of one Bishop Rethurus who was Abbot also of Abindon during the reigne of the said Kenulfus who went to Rome to obteine the confirmation of priuiledges to the said Abbey of Abindon about the yeare .812 Romam profectus saith the Story Pontificia authoritate privilegia Canobij communiuit He going the Rome by consent no doubt of K. Kenulfus himself obteined the confirmation of the priuiledges of the said monastery of Abindon by the Apostolike authoritie of the Sea of Rome And it is no doubt that among other priuiledges this Charter also of Kenulfus was one which being so euery man may see how much this instance hath holpen M. Attorney his cause or rather made against him that Kenulfus procured the confirmation of his Charter from the Pope himself 15. And surely if in this M. Attorney committed an errour in alleadging Kenulfus for an example of one that tooke supreme IurisdictioÌ„ Ecclesiasticall vpon him he being so obedient and subordinate to the Church of Rome as we haue said much more did he erre in choosing S. Edward the Confessor for his second instance for he hath but two as before I haue said out of all our Kings before the Conquest which K. Edward of all others was most deuoutly obedient to the Sea Apostolicke as may appeare both by that which before we haue touched of him as by that which after we shall more largly shew in the next Chapter that he presumed not to found his monastery of VVestminster without particular licence and approbation of the Pope In like manner for that hauing made a vow to goe in pilgrimage to Rome to shew his deuotion and obedience to that Sea he finding afterward some difficulties therin in respect of his Kingdome that repined at his absence and of the troublesome times that then were he remitted all first to Pope Stephen the tenth and when he being dead to his successour Nicholas the 2. who determined that he should not take that voiage but bestow the charges therof vpon the buylding of that monastery of VVestminster to which effect both their letters are extaÌ„t in Alredus that liued about 400. years gone wrote the same Kings life The Kings letter hath this Title Summo vniuersalis Ecclesiae Patri Nicolâo Edwardus Dei gratia Anglorum Rex debitam subiectionem c. To the high Father of the vniuersal Church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherby is euident that if K. Edward did hold himself for supreme head and gouernour of the Church in spirituall matters as M. Attorney would inferr vpon certaine words of one of his lawes as presentlie you shall heare
tyme but the quite contrary CHAP. VI. THov hast seene and considered I doubt not gentle and iudicious Reader how M. Attorney in the former Chapter hath byn grauelled in prouing his affirmatiue proposition that our Kings before the Conquest tooke supreme Ecclesiasticall Iurisdiction vpon them and acknowledged it not in the Pope or Sea of Rome For proofe wherof he brought forth two such poore and petite instances as they being besides their weaknes impertinent and vntrue and not subsisting in their owne grounds they were no more for perfourmance of his promise of cleere and demonstratiue proofes then if a man being bound to pay ten thousand pounds in pure and current gold should bring forth two mites of brasse for discharge of his band And surely if M. Attorney should haue failed soe some yeares gone before he was so wealthie as that taking vpon him with so great an ostentation to proue an affirmatiue assertion of so mayne importance and consequence as this is he should haue performed no more then he hath here done he would neuer haue attained by law to the preferment he hath But now◠perhaps he persuadeth himself that by his only credit already gotten he may say what he will and proue as little as he list because by only saying he shall be beleeued 2. But on the contrary side we require proofes offer proofes gentle Reader for that the matter is of singular great weight euen for thy soule we rest not in ostentation of wordes only but in probation of deedes And though we might remaine sufficiently with the victorie for that our aduersarie resteth with so apparent a foyle in the proofe of his forsayd affirmatiue yet that you may see and behold as in a glasse the difference of our cause and confidence therin I haue thought conuenient out of the great aboundance and variety of proofes that our truth hath in this controuersie as well as in all others betwene vs and Protestants to take vpon me to proue the negatiue against M. Attorney which of it self is euer more hard as you know than to proue an affirmatiue except euidence of truth doe facilitate the matter as in our case and to proue and make euident by sundry sortes of cleere and perspicuous demonstrations nyne or ten at the least that during the tyme before the Conquest no one of all our Christian English Kings exceeding the number of an hundred as before hath been said did take vpon them either to be heads of the Church or to be supreme gouernours in Ecclesiasticall causes or to haue any spirituall Iurisdiction al deriued from the right of their Crownes or denyed this to be in the Pope Bishops only or did make any Ecclesiastical lawes concerning spirituall matters and consequently that this Treatise of M. Attorney Of the Kings Ecclesiasticall law doth apperteine no more vnto them in realitie of truth than to the man in the Moone to gouerne the heauens For that they neuer so much a◠dreamed of any such thing nor of any one of the forsaid clauses of spirituall power Iurisdiction to belong vnto them which heere shall brefely be proued with such variety of demonstrations taken out of their owne words dedes decrees actions as I doubt not but will make more then morall euidence The first Demonstration 3. The first Demonstration may be taken from the consideration of all the auncient lawes made by Christian Kings in our Countrey before the Conquest euery one in his seuerall State and Dominion according to the tymes and places they raigned in and gouerned their Commonwealthes both Britanes Saxons and Danes and among the Saxons againe their Kings and Princes in euery of their seuerall Kingdoms about which point Malmesbury writeth thus of the noble King Inas Porrò quantus in Dei rebus fuerit indicio sunt leges ad corrigendos mores in populo latae in quibus viuum ad hoc tempus puritatis suae resultat speculum How great a King Inas was in Gods affaires the lawes which he made to correct the manners of his people doe sufficiently declare in which vntill this day there is seen as in a liuely glasse the said Kings purity of mynde And the like lawes no doubt other Kings also made in their Dominions all which remained afterwards to their posterity vnder the names of Mulmutian lawes For the lawes of the Britans as also the lawes of the Mercians called in their tongue Mercen laga and of the West-Saxons called VVest-saxen laga and of the Danes named Dan laga stood in force vntill England came to be a Monarchie when the first authour of the said Monarchie King Egbert began first to drawe them into one body of conformity But after him againe K. Edgar surnamed the peaceable and wise King confirmed the same and sett them forth but by the warrs and confusion of the Danes which after his death ensued they were for the most part put out of vse againe vntill K. Edward the confessor recalled them encreased and made them perfect and by the counsaile of his Peeres and Realme did frame a new ordination of the same lawes which remained afterwards vnder the name of K. Edward his lawes and were so much approued and loued by the people as Iohn Fox also out of Mathew Paris doth affirme that the common people of England would not doe obedience to VVilliam Conquerour but that first he did sweare to keepe these lawes which oath notwithstāding saith he the Conquerour did afterward breake and in most points brought in his owne lawes So Fox which if it be true yet is it to be vnderstood principally of his lawes appertayninge vnto secular men for that in the rest which concerned the Church her priuiledges he followed absolutely the lawes of K. Edward as in the next Chapter shall appeare where we shall sett downe the said Conquerour his lawes in this behalfe which are as fauourable and respectiue vnto Ecclesiasticall power and persons as of any one King eyther before or after him 4. Wherevpon it followeth that M. Attorney who so often iterateth this worde of auncient and most auncient common-lawes of England which as he saith but cannot proue did authorize Q. Elizabeth her spirituall Iurisdiction ouer the Church speaketh but in the ayre and at randome beating vs still with the empty sound of these words without substance For in reall dealing he should haue alleadged some one law at least to that purpuse out of all these before the Conquest if he had meant to be as good as his word 5. But this he cannot doe as already you haue seen by his two poore instances and we doe shew on the contrary side that all these and other lawes of these dayes were for vs in the fauour of Catholike Religion and particularly for the liberties franquizes priuiledges exemptions and immunities of the Church and Clergie according to the Canons and Decrees of the Popes Ecclesiasticall law
as in the precedent demonstration you haue heard yet in Ecclesiasticall and Church-matters they had all one and the self same lawes though they were different Kings and enemyes for the most part one to the other liuing in continâ—all warrs for the suspition the one had that the other would encroache vpon him And yet shall you neuer reade that any of them did goe about to punish a Priest or Clergie man for bringing in any Ecclesiasticall ordinance function or order from his enemyes countreyes which is an euident argument that all was one in Ecclesiasticall matters and consequently that these lawâ—â— and ordinances did not proceed from any of the Kings authority in their particular Kingdomes for then would not the other haue receaued the same but from one generall body and head which is the Church and vniuersall gouernour therof 17. To all which may be added this consideration of one Metropolitan the Archbishop of Canterbury who had the spirituall iurisdiction ouer the far greatest part of all these English Kingâ— Dominions wherof diuers were enemyes in temporall mattâ—â—â— to the King of Kent in whose territoryes his Bishopricke and Residence was yet did no one of all these other Kings except against this his spirituall authority ecclesiasticall iurisdiction in matters belonging to Religion which doth euidently demonstrate that this Ecclesiasticall power of the said Archbishop was a different thing from the temporall of these Princes and placed in a different person and that all these Kings were one in acknowledgemeÌ„t of obedience vnto this spirituall iurisdiction though in other things ech man had his temporall power and State a part But if these powers were combyned togeather in the person of the Prince and annexed to his Crowne and Scepter as M. Attorney doth pretend then would ech of them haue had a seuerall Metropolitan vnder him independent the one of the other which we see was neuer attempted but all acknowledged the said Archbishop of Canterbury or the other of Yorke in their districts acâ—ording to the power and limitations giuen them by the Bishop of Rome as already hath byn declared And though much more might be said in this point and many particularities alleadged which for breuities sake I omitt yet this already said will suffice to shew the force of this argument 18. One thing only I may not let passe to aduertise the reader of which is a certaine wyly slight deuised by M. Attorney to decline the force and euidence of this proofe saying that albeit those Ecclesiasticall lawes were taken from others yet being allowed and approued by the temporall prince they are now his lawes But this shift is refuted by that which already we haue sett downe before For if one the self-same Ecclesiasticall law receaued by seauen Kings and Kingdomes ioyntly within our land shal be said to be ech Kings proper lawes for that they are approued and receaued by him his realme then shall one and the self-same law haue seauen authors yea more then seauenty for that so many Kingdomes and States as through-out Christendome shall receaue the same Ecclesiasticall and Canon-law for example made and promulgated by the generall Pastor therof ech particuler Prince I say admitting the same as he is bound to doe if he be truly Catholike shal therby be said to be the particular author therof which is no lesse ridiculous then if a man should say that euery prouince in France admitting a law made by the King in Paris should be the seuerall makers of that law But for that I shall haue occasion perhaps to handle this point more at large afterward I shall say no more now but passe to another Demonstration The third Demonstration 19. The third Demonstration consisteth in this that in all the tyme of our Christian Kings before the Conquest being aboue an hundred in number in the space of almost fiue hundred yeares as before hath byn said all doubts or difficulties of greatest importance that fell out about Ecclesiasticall busines or meÌ„ all weighty consultations and recourse for remedy of iustice and decisions in Ecclesiasticall causes of most moment were not made to the Kings of our Realme nor to their Tribunalls but to the Bishops of Rome for the tyme being as lawfull iudges therof both by the subiects and Princes themselues and consequently those Princes did not hold themselues to be heads of their Churches nor did thinke that they had supreme Ecclesiasticall iurisdiction deriued from their Crownes And this point is so euident in 〈◊〉 the course of our ancient English histories so aboundant to amples doe euery-where offer themselues to this effect as a whole booke might be made of this point only But I shal be myndfull of breuity and out of many and almost infinite examples name a few obseruing also some order of tyme therin 20. We haue said somwhat before in the next precedent demonstration of the beginning of spirituall Iurisdiction exercise therof in England by S. Augustine our first Archbishop vnder Gregory the Pope both of them our Apostles who did exercise and put in vre spirituall iurisdiction ouer all the Church of England without reference to K. Ethelbert though he were a Christian and a very good Christian King And when the sayd S. Augustine dyed he remitted not the matter to the said King to appoint an Archbishop after him but by concession of the Sea Apostolike did nominate two that should succeed him in order Laurentius and Mellitus vpon the yeare of Christ 604. as S. Bede doth testifie And some six yeres after that againe the said Mellitus being Bishop of London and hauing begun to buyld a certaine Monasterie at the west part of that Citty called afterward VVestminster intending to make it a Seminary of Bishops and Clergie-men for the spirituall help of the whole realme he esteâ—med it of such importance as for that and other such Ecclesiasticall affaires he went to Rome to take direction therin from Pope Boniface the 4. who thervpon called a Synod togeather in Rome de necessarys Ecclesiae Anglorum causis ordinaturus saith Bede to ordeine what was conuenient about the necessary occasions of the English Church And that Mellitus had his seat and place also as Bishop of London in that Synod To the end saith he that he retourning into Britany should carry the ordinations of this Synod to be obserued by the Church os England and Clergie therof And further he addeth that â—â—nisacius the Pope wrote letters by the said Mellitus as well to Lauâ—ence then Archbishop of Canterbury as to Ethelbert their King and to the whole nation of English-men though now the said leâ—ters be not extant yet herby it is euident what authoritie they acknowledged in those daies to be in the Bishop and Sea of Roâ—â— about English affaires and that neither King Ethelbert of Kenâ— nor King Sebert of London and Essex being both Christian princes did repyne therat as
reliques to witt of S. Peter and of S. Paul S. Laurence S. Iohn S. Pancratius and S. Gregory and vnto your Queene our spirituall daughter we haue sent a crosse and golden key hauing in it some parcells of the sacred chaines wherwith the Apostlds S. Peter and S. Paul were bound 25. Thus wrote the Pope at that tyme not being able to giue them an Archbishop fitt for the present but afterwards saith Bede he being very carefull therof and enquiring amongst learned men whome he might choose he first cast his eye vpon one Adrian an Abbott of a monastery neere vnto Naples which Adrian was by natioÌ„ an African but very skillfull in the Latin Greeke tongue well instructed as well in Monasticall as in Ecclesiasticall functions But this man flying the dignity of Archbishop named vnto the Pope one Theodorus a Monke borne in Tharsus of Cilicia as S. Paul th'Apostle also was a man of excelleÌ„t learnâ—â—â— and vertue whome Pope Vitalianus commaunded to take the charge vpon him of being Archbishop of Canterbury and Metropolitan of the English Church which thinge he refusinge for a tyme yet at length accepted it with condition that the forsaid Adrian should goe thither with him and so he was consecrated and sent with authority to create other Bishops thorough-out England as he did He arriued there vpon the yeare 669. and waâ— ioyfully receaued by the foresaid Kings and Christian people liued twenty yeares in that sea Neither were there euer saith Bede after the English-mens arryuall into Britany more happy tymes then these when our nation had most valiant Christian Kings that were a terrour to barbarous nations and when all men desires were enflamed with the loue of Christes heauenly ioyes lately reuealed vnto them so as whosoeuer had desire to be instructed in sacred doctrine had maisters ready to instruct them by the diligence of this new Archbishop and not only this but all English Churches also began now by the industry of the Abbot Adrian to learne the tune of singing in the Church throughout the realme which before was only in Kent c. Theodorus also visiting the whole Realme ordeined Bishops in all opportune places and whersoeuer he found any thing not perfect he by their helpes did correct the same Hitherto are the words of S. Bede of this our Christian primitiue Church 26. And all this now is within the first hundred yeres therof when it was most happy feruent and deuoute by S. Bedes iudgement but much more remaineth to be said of the same if I would consider euery particuler Kingdome and what passed therin this first age But if I should passe downe with like search through the other foure hundred yeares that doe ensue befoâ—e the Conquest I should not be able to conteyne my self within the compasse of this booke and much lesse of one Chapter and of one only argument or Demonstration therof For that euery where during this tyme we shall find that all our Christian Kings in all spiritual matters appertaining to Ecclesiasticall iurisdiction made their recourse to Rome or to the Archbishopâ— or Bishops of England as subordinate or authorized from thâ—â— Sea nor euer did they by act worde deed or decree signifie that they thought to haue Ecclesiasticall power or iurisdiction to dispose of those affaires themselues except perhaps some tymes and of some things by commission from the other 27. Let amongst others the wise and renowned King Edgar the first publicke author of English lawes be an example who hauing in hand a most important consultation how to reforme the liues of Clergie men of this realme but especially of certaine secular Priests in those daies procured first that S. Dunstan the Archbishop of Canterbury should call a Synode about the same who resoluing that the best meanes would be to put in religious men to witt Monkes into euery Cathedrall Church in place of the other that liued disorderly the King tooke not vpon him to doe it himself by his owne kingly authority or to giue commission to any of the said Bishops to doe the same but made his recourse to Rome to Pope Iohn the 13. praying him to authorize the two holy Bishops of VVinchester VVorcester to wit S. Ethelwold and Oswald to make this reformation which he would neuer haue done if he had thought that by his owne Kinglie power descending from his Crowne it had belonged to himself or that his Parlament might haue giuen him the said authority of visiting and reforming altering and disposing as it did to Q. Elizabeth 28. And this may be shewed from one to one in all this time throughout the raignes of aboue an hundred Christian Kings before the Conquest as hath byn sayd if the breuity of this place did permitt me to prosecute the same And my aduersary is not able to shew me one instance out of all this time truly sincerly alleadged to the contrary in this I chalenge him if he thinke himself able to answere me And so shall I passe to the fourth argument if first I recite one example more out of the second age after our conuersion for it is of eminent circumstance and declareth fully what was the sense of our Kings and their nobilitie and Clergie in those dayes 29. Next after K. Ethelbald who was the fifth Christian King of the Mercians and to whome S. Bonifacius called VVinfred before martyr Apostle of Germany wrote so sharpely to amend his life as in all our English histories is to be seene there succeded K. Offa who did great matters in his dayes and as Malmesbury writeth had both great vices and great vertues and among other things he bearing a grudge to the people of Canterbury and to their Archbishop Lambert he pretended to seperate from the obedience of that Sea all the Bishops and Bishoprickes that were within the Kingdome of Mercia which were the greaâ—er 〈◊〉 of the Suffraganes of that Sea and to procure them by the consent and authority of Pope Adrian to be subiect to the bishop oâ— LICHFIELD as to the chief Metropolitan of his dominionâ— and so many reasons he alleadged and vrged for the same togeather with his might and power that the said Pope Adrian as after you shall heare began to yeld somewhat to his demaund notwithstanding the often appellations of the said Archbishop Lambert but Pope Adrian dying Leo the third being chosen in his place Offa dyed in like manner soone after as also the Archbishop Lambert in Offa his place succeded Kenulphus a most noble King and to the Sea of Canterbury for Lambert was chosâ—â— Athelardus that had byn Bishop of VVinchester before one of the rarest men if we beleeue famous Alcuine maister to Charles the Great that euer our nation bred 30. This Archbishop then hauing made his appeale also to Rome as his predecessour had done for recouering the ancient honours and
iurisdiction of his Church of Canterbury vsed such meanes as at length he persuaded K. Kenulphus to be content therwith and that himself might goe in person to sollicite the same and so he did with a letter of the sayd King himself and of all his Bishops and nobilitie gathered togeather about that affaire you shall heare some clauses of the said letter and therby iudge of the rest It beginneth thus Domino Beatissimo c. To the most Blessed and most louing Lord Leo Bishop of the Holy and Apostolicke Sea of Rome Kenulphus by the grace of God King of the Mercians with the Bishops Dukes and all other degrees of honour and dignitie vnder our Dominion doe send salutations of most syncere loue in Christ c. This is the title of the epistle wherin after many thankes giuen to God for the election of 〈◊〉 good and pious a Pastor in place of Adrian deceased he shewed the speciall reason why English men aboue others had cause to reioyce therat saying Nos quoque meritò quos extremitas orbis tencâ— prae caeteris gloriamur quia vnde tibi Apostolica dignitas inde nobis fidei verâ—tas innotuit We also which dwell in the extreme partes of the world doe reioyce aboue other men at your election for that whence you haue receaued your Apostolicall dignitie the â—â— haue we receaued the truth of our faith And then he goeth forward desiring humbly Pope Leo to giue him his Apostolicâ—â—â— benediction to the end he may gouerne his people well 〈◊〉 benediction saith he all my ancestours that haue raigned ouer the Mercians haue obteyned of your predecessours I doe in all humility demaund the same of you and that you will take me for your adopted sonne as I doe loue you as the person of my father and doe embrace you with all the force of obedience that I can These are his owne words 32. And then yet further after diuerse such speeches of piety he commeth to beseech the said Pope to examine the matter to resolue the doubt which the Archbishop Athelardus was to propose vnto him about the iurisdiction of the Sea of Canterbury that the decision might be according to the Canons and Apostolicall decrees of S. Gregory the first who sent S. Augustine into England and by his authority founded that Sea of Canterbury shewing moreouer that his predecessor King Offa was the first that euer attempted to withdraw the Bishopricks of Mercia from the obedience of Canterbury and that as he saith for emnytie that he had with Archbishop Lambert and for aduauncing his owne Kingdome of Mercia by making LICHFIELD a Metropolitan Wherfore he concludeth thus Quare Excellentiam vestram humiles exor amus quibus à Deo merito clauis scientia collata est vt super hac causa cum Sapientibus vestris quaeratis quicquid vebis videatur nobis seruandum rescribere dignemini c. Wherfore we humbly beseech your excellency vnto whome God hath worthily giuen the key of knowledge that you will consulte with your wise learned men about this cause and whatsoeuer shall seeme good to you doe you vouchsafe to write it backe vnto vs that we may obey and obserue the same 32. Thus wrote K. Kenulphus vnto whome the Pope answered Domino excellentissimo filio Kenulpho Regi Merciâ—rum Prouinciae Saxoniae Leo Papa c. And in this letter after congratulation of the piety of the sayd King and commendation of the Archbishop Athelard he declareth that according to the Canons of holy Church and institution of S. Gregory the first which institution he saith he found extant in the Recordes of the Roman Church he determined that all the Bishops and Bishoprickes of Mercia should retourne to the obedience of the Sea of Canterbury againe then for more commendation dignity and authoritie of the Archbishop Athelard he hath these wordes VVe by the authority of S. Peter Prince of the Apostles whose place though vnworthily me doe hold haue giuen vnto him such preheminence as if any one of his subiects whether they be Kings or Princes or any of the people shall transgresse the commaundements of God he may excommunicate them vntill they repent and if any repent nâ—t and marke that the King and his Princes also are declared to be subiect to him and to his Ecclesiasticall Censures let them be held â—â— heathens and Publicanes So he And by these two examples of King Offa and Kenulphus in their recourse to Pope Adrian and Leo the third in so great an affaire as this was concerning their state dominions we may easily see what accompt they made in those dayes of the Popes authoritie in like cases and they neuer so much as dreamed that themselues by right of their temporall Crownes had power or right to determyne the same 33. I might adde to this consideration of missions out of our Realme into diuerse countryes for preaching the word of God which allwayes was done by the Popes order and commission not by temporall princes as all examples doe testifye both the sending of our Apostles first preachers Augustine Laurence Paulinus Iustus Mellitus Honorius Theodorus into England as also when Germany Frizland and other Countries were by Gods holy prouidence and appointment to be conuerted by English-men Bonifacius VVillebrordus and others they tooke not their mission from temporall Princes but from the Popes no not of the Princes of the places themselues For when S. VVillebrord was to goe to preach in Frisia which newly by force of armes King Pipin had subdued Florentius writeth thus VVillebrord hauing obteyned licence of Prince Pipin to goe and preach in Frisia went to Rome to aske licence of Pope Sergius that he might begin his worke of preaching which hauing obteyned he began the same Anno. 693. foure yeres after he was made Archbishop of the sayd Countrey by the Sea Apostolicke as S. Bonifacius was of the Germanes 34. And so much of this third demonstration might suffice because we haue byn ouerlong already but that I cannot well omit one other consideration of moment to the same purpose which is of certaine dispensations vsed to be procured froÌ„ Rome in those auncient times afterward for quetting of mens consciences when any scruple fell out As for example When King Egbert the first famons Monarch of our English Realme dyed vpon the yeare of Christ 839. as Stow reckoneth the yeares though others assigne it some yeares before there remayning vnto him one only child called Adelnulfus or Ethelwolfus or Adulphus for by all these three names there is mention of him in diuers authors who being brought vp Sub Sanctissimo padagâ—go Swithunâ— saith Malmesbury vnder the most holy scholmaister S. Swithyll Bishop of VVinchester was at length made subdeacon as the same author saith of that Church some other as Stow citeth doe affirme that he was made Bishop of VVinchester and Abbott of Geruaux
possessions sent a solemne embassage to Rome vnto Pope Iohn the thirtenth at the very same tyme when there was a Synode there gathered togeather to witt vpoÌ„ the yeare 971. beseeching the said Pope that he would confirme the priuiledges already graunted by the said King vnto the Monastery of our blessed Lady in Glastenbury behold how the King graunteth priuiledges vnder ratihabition in hope of ratification by the Pope and so saith Malmesbury direxit châ—rographum Regiae liberalitatis orans vt ipse hoc roboraret scripto Apostulicae auctoritatis And the King directed vnto the said Pope letters written with his owne hand testifying his princely liberality bestowed vpon the same Monastery beseeching that the Pope also would strengthen the same with some writing of his Apostolicall authority Which embassadge of the Kings Pope Iohn receauing benignly and by the vniforme consent of the Councell gathered togeather confirmed the said priuiledges of K. Edgar by an Apostolicall rescript and not only did he confirme that which Edgar had done before but added diuerse spirituall priuiledges besides saying amongst other things thus VVe yelding to the humble petion of King Edgar and Archbishop Dunstane doe receaue the said place of Glastenbury into the bosome of the Roman Church and into the protection of the blessed Apostles endewing and strengthning the same with diuerse priuiledges namely that the Monkes may chuse vnto themselues a Pastor or Abbot of their owne in whose power it shal be to prefer Monkes and Clerkes vnder him to holy orders that no man may molest them take or retayne any thing of theirs c. Concluding in the end thus In the name of the Father the Sonne the holy Ghost c. euerlasting malediction to the breakers therof Whervnto Malmesbury addeth this contemplation perpendant ergo contemptores tantae comminationis quantae subiaceant sententiae excommunicationis Let the contemners of so great a threat or commination consider how heauy a sentence of excommunication they doe vndergoe So he A thing no doubt worthy to be remembred in these our dayes 46 And many more examples of like priuiledges might be alleadged vnder the same King Edgar confirmed mutually by the Pope and King and namely one related by Ingulphus which was giuen by a Charter of the said King vpoÌ„ the yeare 970. subscribed by himself and thirty two other witnesses to the Monastery of Medeshamsteed now called Peter-burrow Ego Edgarus totius Albionis Basileus c. I Edgar King of all Albion doe graunt most willingly that the holy Apostolicke Monastery of Medeshamsteed shall be free for euer from all secular causes seruices that no Ecclesiasticall or lay man shall haue dominion ouer the same or ouer the Abbot therof c. And moreouer that it be secure eternally from all worldly yoke and that it remayne free from al Episcopall exaction and molestation according to the libertyes giuen therunto by the Sea Apostolicke and the authority of the most Reuerend Archbishop Dunstan c. And furthermore we haue thought good to corroborate by this Charter the said priuiledges from the Sea Apostolicke of the Roman Church according to the first institution of the said Monastery which whosoeuer shall presume to infringe let him be damned eternally to hell-fyer by the punishment of the high Iudge S. Peter all the order of Saints Thus far that charter 47. And finally not to goe further in this argument wherof infinite examples might be alleadged I shall end with one only more to shew the perpetuity and continuance of this vse taken out of the fifth age of our English Church to witt of King Edward the Confessor not long before the Conquest who hauing a great desire to enlarge the Monastery of VVestminster with new buyldings and possessions dealt with two Popes therin to witt Leo the nynth and Nicolas the second asking their approbation and confirmation therof which they graunted one after the other Leo wrote backe vnto him in these wordes Leo episcopus servus seruorum Dei Dilecto silio suo Edwardo Anglorum Regi salutem Apostolicam benedictionem And then he beginneth his letter Quoniam voluntatem tuam laudabilem Deo gratatu cognouimus c. For that we haue vnderstood your intention to be laudable and gratefull to God c. We doe agree vnto the same and doe commaund by our Apostolicke authoritie that whatsoeuer possessions you haue giuen or shal giue vnto your said Monastery of VVestminster it be firme and appertayne vnto the Monkes and that the said place be subiect vnto no other lay person but only to the King And whatsoeuer priuiledges you shall there appoint to the honour of God we doe graunt the same and confirme the same by our most full authority and doe damne finally the breakers therof vnto euerlasting malediction 48. Thus Pope Leo the nynth who dying vpon the yeare of Christ 1054. two-other succeded within the space of foure yeares to wit Victor the second Stephen the tenth after whome succeded Nicolas the second vnto whome S. Edward made sute againe by a solemne embassage for confirmation of his said priuiledges of VVestminster and other affayres giuing this title to his letter as before hath bene noted To the highest Father of the vniuersall church Nicolas Edward by the grace of God King of England doth offer due subiection and obedience Wherunto the Pope answered in these wordes Nicholas Bishop and seruaunt of the seruaunts of God vnto the most glorious and pious Edwarde King of England most worthie of all honour our speciall beloued sonne doth send most sweete salutation and Apostolike benediction And after many louing and sweet speeches in the said letter he saith to the petition it self about priuiledges Renouamus ergo confirmamus augemus vobis priuilegia vestra c. We doe renew and confirme and encrease vnto you your priuiledges And for so much that this place of VVestminster from antiquity hath belonged vnto the Kings of England we by the authority of God and the holy Apostles and of this Roman Sea and our owne doe graunt permitt and most strongly confirme that the place for euer be of the iurisdiction of the Kings of England wherin their royall monuments may be conserued and that it be a perpetuall habitation of Monkes subiect to no person but to the King c. We doe absolue the place also from all seruice subiection of the Bishop c. and whosoeuer shall goe about to infringe or inuade or diminishe or vndoe any of these priuiledges we damne him to euerlasting malediction togeather with the traytor Iudas that he haue no parte in the blessed resurrection of Saints c. Thus he And with this shall we end this fourth consideration or argument whereby is sufficiently made euident if nothing else were how vayne and vntrue the imagination of M. Attorney was in the former chapter who by the pretence of
remedy at his hand And if I haue found any grace in your sight although the way betweene you me be long yet I beseech you let my eyes once see your face againe to treat of this matter and that my soule may blesse you before I die Wherfore my dere sonne deale with this holy man VVilfryd as I haue besought you and if in this point you shew your selfe obedient to me your Father that am shortly to departe out of this world it will profit you much to your saluation Fare you well 53. Vpon this letter King Alfred being much moued permitted him to retourne to his Archbishopricke againe And S. VVylfryd by the persuasion of the said Theodorus and other Bishopps was induced to accept the same and so he did for some time but after fiue yeres the complaints of his emulatours growing strong against him he was forced to fly the second time vnto King Etheldred of the Mercians but after againe appealed to Rome and went thither being now full threescore and ten yeares old whence retourning absolued as hath byn sayd with letters of commendation from Pope Iohn the seauenth both to Britwald Archbishop of Canterbury that had succeeded Theodorus as also to Alfred King of the Northumbers and to Etheldred King of the Mercians he obteyned againe his Archbishopricke of Yorke and heldâ— it foure yeares before his death 54. The letters of Pope Iohn vnto the two foresaid Kings doe begin with a complaint of sedition raysed in England amongst the Clergie by opposition against S. VVilfride which he exhorteth the two said Kings to suppresse and then beginneth his narration thus Wheras of late vnder Pope Agatho of Apostolicke memory the Bishop VVilfryd had appealed to this holy Sea for the tryall of his cause c. The Bishops at that time gathered herein Rome from diuerse partes of the worlde hauing examined the same gaue the definition and sentence in his fauour which was approued both by Pope Agatho and his Successours our predecessours c. and then sheweth he how the same hauing succeeded in this his second appeale he doth appoint Britwald Archbishop of Canterbury to call a Synod and by all consents either restore him to his Archbishopricke or to come and follow the cause at Rome against him and whosoeuer did not soe should be depriued of his Bishopricke and then concluding with this speach to the King he saith Vestra proinde Regalis Sublimitas faciat concursum vt ea qua Christo aspirante perspeximus perueniant ad effectum Quicumque autem cuiustibet persona audaci temeritate contempserit non erit a Deo impunitus neque sine damno calitus alligatus euadet Wherefore doe your royall highnes concurre also to this our ordination to the end that those things which by the inspiration of Christ we haue iudged for conuenient may come to their effect And whosoeuer vpon the audacious temerity of any person whatsoeuer shall contemne to doe this shall not be vnpunished of God neither shall he escape that hurte which those incurre whose sinnes are bound from heauen So he 53. And I haue thought good to alleadge this notorious example somewhat more largely for that it expresseth euidently both the acknowledgement and exercise of the Popes authority in those dayes as also the deuoute and prompt obedience of our Christian Kings and Prelates therevnto in that holy time of our first primitiue Church For that of the two forenamed Kings Malmesbury wryteth that Ethelredus of the Mercians receaued the Popes letters vpon his knees on the ground And albeit that Alfryd of the Northumbers somwhat stomaked the matter for a time as done in his dishonour yet soone after being strooken with deadly sicknes sore repented the same and appointed in his testament that S. VVilfryd should be restored which testament the holy virgin Elfled his sister that stood by him when he dyed brought forth and shewed before the whole Synod of Bishops gathered togeather about that matter in Northumberland 57. And thus hauing byn longer than I purposed in this example of S. VVylfryds appeales I will passe ouer as before I haue said the other appeales aboue mentioned of Lambert and Athelard Archbishops of Canterbury vnder King Offa and Kenulfus Kings of the Mercians vnto the Popes Adrian the first Leo the third wâ—â— determined the great controuersie about the iurisdiction of the Sea of Canterbury at the humble sute of the said King Kenulsus of all his Clergie and nobilitie I will passe ouer in like mannerâ— the example of Egbert Archbishop of Yorke who by his appealing to Rome multa Apostolici throni appellatione saith Malmesbury that is by frequent appellation to the Apostolicall throne recouered againe the preheminence and dignity of his Archbishopricke and Pontificall pall vpon the yere 745. which had byn withdrawen from that Church for many yeares togeather after Panlinus his departure And I may add further to this argument and consideration not only that appellations were ordinarily made to the Sea of Rome concerning Ecclesiasticall affaires vpon any aggreiuances of particuler persons Churches or Societyes in those dayes as appeareth by the examples alleadged but also complaints of publicke defects negligences or abuses if they concerned the said Ecclesiasticall affaires were carried to Rome and to the Bishops of that Sea aswell against Bishops and Archbishops as against the Kings themselues where occasions were offered which Bishops of Rome tooke vpon them as lawfull iudges to haue power to heare determine and punish the same by acknowledgement also of the parties themselues whereof we might alleadge many examples But one only in this place shall serue for the present which fell out in the tyme of King Edward the elder vpon the yeare of Christ 894. though others differ in the number of yeares And the case fell out thus 57. The Bishop of Rome in those dayes named Formosus the first being aduertised that diuerse prouinces in England especially that of the VVestsaxons by the reason of Danish warrs were much neglected and voyde of Bishops for diuerse yeares the said Pope saith Malmesbury wrote sharpe letters into England Quibus dabat excommunicationem maledictionem Regi Edwardo omnibus subiectis eim à sede S. Petri pro benedictione quam deder at Beatus Gregorius genti Anglorum By which letters he sent excoÌ„munication and malediction to King Edward and all his subiects from the Sea of S. Peter in steed of the benediction which S. Gregory had giuen to the English-nation wherof Malmesbury addeth this reason that for full seauen yeares the whole region of the VVest-saxons had byn voyde of Bishops And that King Edward hauing heard of the sentence of the Pope presently caused a Synod of the Senatours of the English nation to be gathered in which sate as head Pleamâ—ndus Archbishop of Canterbury who interpreted vnto them strictly saith Malmesbury the wordes of this Apostolicall Legacy sent from Rome Wherupon the
said King and Bishops tooke vnto themselues wholesome counsaile choosing and ordeyning particular Bishops in euery prouince of the Geuisses or westsaxons And wheras the said prouince had but two Bishops in old time now they deuided the same into fiue and presently the Synod being ended the said Archbishop was sent to Rome with honourable presents Qui Papam saith our Authour cum magna humilitate placauit Decretum Regis recitauit quod Apostolico maximè placuit He did with great humilitie endeauour to pacify the said Pope Formosus reciting vnto him the decree that King Edward had made for better furnishing the Countrey with more Bishops for the time to come then euer had byn before which most of all pleased the Apostolicall Pope Wherfore the Archbishop retourning into England ordeyned in the Citty of Canterbury seaueu Bishops vpon one day appointing them seuen distinct Bishoprickes Atque hoc totum saith he Papa firmauit vt damnaretur in perpetuum qui hoc decretum infirmaret And the Pope Formosus did confirme this decree of this distinction of Bishops in England daÌ„ning him eternally which should goe about to infringe the same So Malmesbury and consider the authority here vsed 58. The same Pope also wrote a letter to the Bishopps of England by the said Archbishop Pleamond in these wordes To our brethren and children in Christ all the Bishopps of England Formosus We hauing heard of the wicked rytes of Idolatrous Pagans which haue begun to spring vp againe in your partes and that yow haue held your peace as dumme doggs not able to barke we had determined to strike you all with the sword of separation from the body of Christ and his Church but for so much as our deere brother Pleamond your Archbishop hath tolde me that at length you are awakened and haue begun to renew the seed of Gods word by preaching which was so honourably sowne from this Sea in times past in the land of England we haue drawne backe and stayed the deuouring sword and moreouer doe send you the benediction of almighty God and of S. Peter Prince of the Apostles praying for you that you may haue perseuerance in the good things which you haue well begune c. 59. Thus went that letter with a far longer exhortation â—â— that behalfe with order and instruction how to proceed to coâ—tinew good Bishopps among them which was that as soone â—â— knowledge came to the Metropolitan of any Bishop dead he should presently without delay cause another Canonically to be elected in his place and himself to consecrate the same And moreouer he determineth that the Bishop of Canterbury hath byn euer from ancient times held for chiefe Metropolitan of England otdeyened so by S. Gregory himself as in the Roman Registers was authenticall recorded and therefore he confirmeth the same threatning that what man soeuer shall goe about to infringe this decree shal be separated perpetually from the body of Christ and his Church So Malmesbury 60. And in this example we see many points expressing the sense of these ages as first the vigilancy of the Pope Formosus ouer England the affaires therof though far remote from him and altogether embroyled with warrs no lesse then ouer other Prouinces Kingdomes of the world which is conforme to that which S. Bede writeth of the like diligence of Pope Agatho aboue two hundred yeares before this of Formosus that is to say that he seing the heresie of Monethelites that held but one only will in Christ to spring vp and encrease in diuerse places of the world sent one expressly from Rome into England to learne what passed there Pope Agatho saith Bede being desirous to vnderstand as in other prouinces so also in Britany what was the state of the English Church and whether it preserued it self chaste and vnspotted from the contagions of heretickes sent into England for this purpose a most reuerend Abbot named Iohn who procuring a Synod of Bishops to be gathered togeather about that matter by Theodorus the Archbishop found that the Catholike faith in England was conserued in all points entire and inuiolated of which Synod he had an authenticall copie deliuered him by publicke testimony to be carryed to Rome Thus S. Bede touching the attention and diligence of Pope Agatho in our English Ecclesiasticall affaires 61. And it is to be noted that in the same Synod is sett downe that fower seuerall Kings concurred thervnto to giue therby satisfaction vnto the Pope to wit Egfryd King of the Northumberâ— Ethelred of the Mercians Adelnulphus of the Eastangles Lotharius of Kent which is conforme to that which the King Edward the first â—â— the former example did when presently vpon the threatning letters of Pope Formosus he called forthwith a Councell remedyed the fault that was committed sent the Archbishop Pleamond to Rome to giue satisfaction and promise of amendment for the time to come which is to be presumed that none of these Kings would haue done if they had thought themselues iniured by this intermedling of the Pope as an externall power and that themselues had authority Ecclesiasticall deriued from their crownes to dispose order these things without any reference to the Sea Apostolike And so much for this argument and demonstration which openeth a window to see many things more which by me of purpose are pretermitted for that I couet not to be ouerlong The sixt Demonstration 62. The sixt Argument may be deduced from an vniuersall contemplation of all the Kings Archbishops and Bishops that haue liued and raigned togeather in all this tyme in England and the seuerall Prouinces and Kingdomes therof before the Conquest the Kings being in number aboue an hundred that were Christened as often before hath byn mentioned the Archbishops of Canterbury the spirituall heads of the English Church 32. from S. Augustine vnto Stigano and other Bishops of far greater number laying before our eyes what manner of men all these were what faith they beleeued and practised what vnion and subordination they had in spirituall and temporall iurisdiction amongst them selues both at home and abroad with the Sea Apostolike which in great part hath byn declared by the precedent arguments and demonstrations All which being layd togeather we may inferre that for so much as lawes are nothing else but ordinaunces and agreemenrs of the Prince and people to the publicke good of euery Kingdome State and Countrey we may inferre I say that according as we find the faith and religion of our Princes Bishops and people to haue byn in those dayes so were also their lawes For out of their religion they made their lawes and consequently it must needes follow that they being all perfectly Catholike according to the Roman vse as by all the former arguments you haue seene that they made no lawes concerning Ecclesiasticall matters nor admitted â—onceaued any from their ancestours nor could not doe they being also
Catholike that were repugnant or contrary to the Canonicall lawes of the vniuersall Church and Sea of Rome in those ages wherof againe ensueth that M. Attorney that telleth vs so often of the ancient and most ancient CoÌ„mon-lawes of England cannot presume to haue any law for him and his assertion within this compasse of 466. yeres before the Conquest for that those that should make or leaue vnto vs these lawes were all of a contrary iudgement and religion vnto him in the very point which he treateth of spiritual Iurisdiction As for example 63. There raigned in Kent in the first age of our primitiue Church successiuely these Kings to witt Ethelbert Eadbald Ircombert Egbert Lotharius Edrycus and VVithredus and their Archbishops of Canterbury by whome they gouerned themselues in spirituall matters were Augustine Laurence Mellitus Iustus Homrius Deusdedit Theodorus and Britwaldus And in London Mellitus Ceddus VVyna Erkenwald VValdherus and Ingualdus And in the sea of Rochester Iustus Romanus Paulinus Thamarus Damianus Putta Qâ—â—chelmus Germundus and Tobias All these kings with all these Bishops were of one and the self same religion and of one iudgement and sense in Ecclesiasticall matters and so were all the rest of the Christian Kings togeather with their Bishopps in other Kingdomes of the land And the like I might shew throughout all the other foure ages that ensue after this first before the Conquest And how then is it possible that these Princes with these Bishops and Counsaylours and with their people conforme to them in the same religion should make or admit lawes contrary to the common sense of the Catholike vniuersall Church in those daies concerning Ecclesiasticall Iurisdiction And this is a demonstration which morally conuinceth and cannot by any reasonable man be denyed Whervnto I may adioyne that if they had made any such law coÌ„trary to the common sense of the generall Church in Church-matters they would haue byn noted and reprehended for it or at leastwise some memory would haue byn left therof by historiographers tradition register or some other monument which is not found nor euer will be And this shal be sufficient for this demonstration wherby occasion is giuen to the ingenious reader to prosecute the same and discourse further of himself and to consider how metaphysicall an imagination that of M. Attorney is of auncient lawes made in the ayre and no where extant contrary to the sense and iudgement both of Prince and people in those tymes The seuenth Demonstration 64. An other Demonstration not much vnlike vnto this may be taken from the view of externall Kingdomes in this tyme before our English Conquest to wit what they taught what they beleeued and what they practized in this point concerning Ecclesiasticall Iurisdiction whether they deriued it or acknowledged the same in or from their temporall Kings or from their Bishops and Sea Apostolike of Rome For if they did the later then is it most certaine that all the Kings Kingdomes and people of England did the like for that otherwise they should haue byn noted and taxed as hath byn said for some discrepance diuision disagreement sedition schisme or singularity in this behalfe which is not read of Nor can M. Attorney or any Attorney else whomesoeuer he can take vnto him for his helpe in this matter euer shew me any one word of auncient testimony for proofe therof and thervpon may we confidently conclude that there was neuer any such thing 65. But now what was the doctrine vse and practise of all the rest of Christendome besides concerning Ecclesiasticall Iurisdiction deriued from the Sea Apostolike of Rome as the head fountaine therof throughout all this tyme wherof we speake before our Conquest it shall be inough to cast our eyes only vpon the vniuersality of all writers in those dayes whose volumes are full of narrations apperteyning to this effect as namely of Bishops made throughout all Kingdomes by ordinaunce and authority of the Bishop of Rome Of Churches Abbyes Monasteryes Hospitalls confirmed and priuiledged by the said authority Of Kings and Emperours also annoynted by them and their authority for the spirituall temporall good of Christendome And in this very tyme wherof we talke happened the mutation of the Kingdome of France from Chilpericus to Pipinus and Charles his sonne and of the Roman Empire from the Grecians vnto the said Charles of the said Empire from the French to the Germanes by the authority of the Pope of Rome and infinite other publike testimonyes of supreme spirituall iurisdiction exercised 〈◊〉 where by that Sea with the approbation of all the worlde And no one example can be alleadged of any such power or iurisdiction pretended or exercised by any Prince temporall whatsoeuer throughout all the Christian world in this tyme by vs prescribed 66. And for so much as by this argument we presume that our English Kings and Princes ran vnitedly in all points of religion with others abroade for that they were neuer noted of any difference or opposition as hath byn said it followeth by good deduction and inference that no such Common-law as M. Attorney imagineth could haue place among them deriuing spirituall and Ecclesiastical iurisdiction from the right of Princes temporall Crownes and excluding that of the Sea Apostolike For in case that any such law had byn made it would haue byn extant either by writing or tradition and if it had byn Common as often here it is called it would haue byn knowne by some one at least besides M. Attorney for that community importeth participation with many how then could there be any such Common-lawes in those dayes which no man knew no man recorded no man euer thought or dreamed of as by all circumstances of those tymes and men and state of things may be presumed And if any such thing had byn deuised in those dayes it must needs haue byn reiected and impugned as singular schismaticall or hereticall for that it would haue byn contrary and contradictory to the common sense iudgement whole current of that time And let this suffice for this consideration The eight Demonstration 67. The eight Demonstration in this matter may be the extraordinary deuotion of our auncient Kings before the Conquest towardes the Sea of Rome in making their Kingdomes tributary thervnto euen in temporall things also which is a signe that they meant not to deny vnto that Sea her spirituall iurisdiction which from the beginning had byn exercised by the same in our countrey seeing voluntarily likewise they gaue her teÌ„porall iurisdiction in gathering and axacting this tribute of euery house throughout the Realme which beginning from K. Inas as all our Authors doe agree aboue 900. yeres gone hath byn continued euer since vnder the name of Peter-pence for that they were first giuen to S. Peter and to his Successours the Bishops of Rome vntill the later part of K. Henry the eight his raigne euen in the
like togeather Relictis vxoribus agris cognatis patria propter Christum c. ad limina Apostolorum in precibus ieiunijs elecmosynis vsque ad diem vltimum permanserunt They leauing their wyues their possessions their kynred their countrey for Christ went to Rome and there neere vnto the Apostles bodyes they perseuered in praying fasting and giuing almes vnto the end of their liues 78. But S. Bede setteth forth this famous fact in other words describing also the persons of these two noble Kings Kenredus saith he who for a tyme had most nobly gouerned the Kingdome of the Mercians did much more nobly leaue the same giuing ouer his scepter willingly to his nephew Celred and went to Rome where he liued in prayer fasting and almes vntill the last day of his life And with him went Offa the sonne of Sigard King of the East-saxons Iuuenis amantissima aetatis venustatis c. a young man of a most louely age and beauty and most singularly desired by all his nation that he would stay amongst them enioy his Kigdome but he being led with the deuotion of his mynd left his wife his possessions his kynred and countrey for Christ and his ghospell that he might receaue a hundred fold in this life and in the world to come life euerlasting Thus S. Bede who was of a far different mynd from M. Attorney as you see 79. And Florentius addeth further to this history that with these two Kings went to Rome as ghostly father and spirituall directour of their iourney the famous holy man S. Egwyn before mentioned third Bishop of VVorcester and founder of the Monastery of Euesham for which he obteyned priuiledges and exemptions of Pope Constantine then Bishops of Rome and carried them home with him as before hath byn declared And Platina in the life of the same Constantine maketh mention also of the coming to Rome of these two Kings and what a rare spoctacle of vertue and deuotion it was to the whole Christian world to see two such excellent Princes in their youth and beginnings of their raignes to take such a rare resolution of leauing the world and following Christ in the strait and narrow path of perfection 80. As it was in like manner some twenty yeres after according to the forsaid Florentius to see the great and potent King Inas of the VVest-saxons to come thither with like resolution of mind who hauing byn a famous warrier for the space of seuen and thirty yeres in the end leauing his Empyre saith Florentius and commending the same to noble Athelard that was of the line of Cerdicus first King of VVest-saxons he resolued to goe to the Churches of the Apostles in Rome vnder Gregory the Pope and there to end his life and this worldly peregrination on earth neere to their bodyes to the end that he might the more familiarly in heauen be receaued into their companyes So he 81. But Malmesbury expresseth the same in more pregnant effectuall words after his sort Post triumphales bellorum manubias post multarum virtutum gradus summum culmen perfâ—ctionis meditans Romam abijt Ibi ne pompam suae conuersionis faceret non publicis vultibus expositus crimen sed deposuit vt solius Domini oculis placeret amictu plebeio tectus clà m consenuit After triumphant victoryes and spoyles of warre after the degrees of many vertues obteyned King Inas proposing to himself the highest toppe of perfection went to Rome and there least his conuersion might be glorious vnto him he did his penaunce or layd downe his synnes not in the pâ—â—blike eyes of the world but rather desiring to please only the eyes of almighty God he put himself into a vulgar habit and â—â— that he ended his life So Malmesbury 82. All which in effect was set downe before by S. Bede who calleth this Inas by the name of Hun that succeeded King Ceadwalla in the Kingdome of VVest-saxons who after thirty seuen yeres raigne Relicto regno ad limina Beatorum Apostolorum Gregorio Pontificatum tenente profectus est cupiens in vicinia locorum sanctorum c. He leauing his Kingdome went to Rome vnder the Popedome of Gregory desiring to liue and dy vpon earth neere to the Apostles Churches to the end he might enioy the better afterward their familiarity in heauen 83. And a little before this man againe his said predecessour Ceadwâ—lla tooke the like iourney to Rome for deuotion of the place being vet vnbaptized as S. Bede writeth the story in these words Ceadwalla King of the VVest saxons when he had gouerned his people with great fortitude for two yeres leauing his scepter for Christ and his euerlasting Kingdome went to Rome desiring to obteyne this singular glory to be baptized in the Church of the blessed Apostles in which baptisme he had learned that the only entraunce to heauen for mankind did consist hoping most certeinly that being once baptized he should soone after dye and be receaued into euerlasting glory both which points by the help of our Lord were perfourmed vnto him as in his mynd he had conceaued and so comming thither vpon the yere of Christ 689. Sergius being Pope he was baptized on Easter eue and soone after being yet in his white attyre according to the custome of holy Church he died vpon the 19. of Aprill immediattly ensuing and was buried in S. Peters Church whose name in baptisme he had taken and from thence his soule passed to the ioyes of heauen Thus S. Bede and touching this recourse pilgrimage to Rome he addeth in the same place Quod his temporibâ—s hoc idem plures de gente Anglorum nobiles ignobilesque laici clerici viri faeminae certatim facere consueuerunt that in these times many of the English nation both noble vulgar lay men Ecclesiasticall men and women were accustomed to doe the same with great feruour 84. Wherfore out of all these considerations and the like it seemeth we may deduce that for so much as our English Kings and people in those dayes were so singularly deuoted vnto the Sea of Rome and Bishops therof as they gaue themselues their goods their honours their whole life therunto it is not likely that they had that conceit of Rome then as we haue now or that they liued in iealosie or competency of Ecclesiasticall iurisdiction with the same or thought themselues iniured by the spirituall power which the said Sea did vse and practise ouer England and other Kingdomes of the world in those times And much lesse can it be presumed that they challenged to themselues or made lawes in those dayes in fauour of their owne Ecclesiasticall iurisdiction in restraint of that of the Popes and consequently M. Attorney I trow will hardly proue by the most ancient lawes of those times that Q. Elizabeth could iustify the supreme Ecclesiasticall authority which she
exercised in her dayes if the statute of the first Parlament had not giuen the same vnto her which had as good authority to giue it her as she to vse the same according to that which you haue seene declared in the former Chapters whereunto we referre our selues for the proofes laid downe The tenth Demonstration 85. And now to drawe to an end and to ioyne issue with M. Attorney in more plaine wordes and assertion my tenth and last demonstration shall be out of two of the most noble wise and famous Kings of our land and Monarches of the same before the Conquest Alfred to wit and Edgar who doe expresly sett downe the contrary proposition to that of M. Attorney about spirituall iurisdiction belonging to Kings and temporall Princes so as where the former demonstrations are but deductions and inferrences though clere and euident as you haue seene this last is a plaine and perspicuous asseueration of two such renowned Kings as were most eminent for wisdome learning religion and valour of all the ranke of those tymes Of King Alfred is recorded this speach of his Germanam genuinam esse Regis dignitatem dictitare solebat si in Regne Christi quae est Ecclesia se non Regem sed ciuem agnosceret si non supra sacerdotum leges se elatè efferres sed legibus Christi per sacerdotes promulgatis submisso se atque humili animo subderet He was wont to say that the true and proper dignity of a King consisted principally in this that in the Kingdome of Christ which is his Church he bare himself not as a King but as a citizen and that he should not arrogantly lift vp himself abouâ— the lawes of Priests but rather with a lowly and humble minde subiect himself to the lawes of Christ promulgated by Priests So he 86. But now touching King Edgar about a hundred yeares after him of whome Florentius Marianus and others doe write these wordes That he was the Monarch of the English world the flower ornament of all his predecessours the peaceable King no lesse memorable to English-men then Romulus to the Romanes Tyrus to the Persians Alexander to the Macedonians Arsaces to the Parthians and Charles the great vnto the French Of this man I say we haue extant a certaine oration of his made in the third yeare of his raigne vnto the Bishops of his land gathered togeather for reformation of the Clergie wherof S. Dunstane Archbishop of Canterbury was the chief and with him was S. Ethelwâ—ld B. of VVincester His oration is somewhat long and beginneth thus Quoniam magnificauit Dominus misericordiam suam facere nobiscum dignum est Patres Reuerendissimi vt innumeris illius beneficijs dignis responde amus operibus Neque enim in gladio nostro c. 87. For so much as our Lord hath exalted his mercy towardes vs it is conuenient most Reuerend Fathers that we endeauour to answere his innumerable benefitts with dew workes on our behalfe for that as the prophet saith we doe not possesse this land by our owne sword nor shall the strength of our arme saue vs but the right hand and holy arme of him that hath vouchsafed to take vs to his fauour And therfore it is iust and right that for so much as he hath subiected all vnder our feete that we subiect our soules vnto him in such sort as that we endeauour to bring them that he hath put vnder vs to be subiect also vnto his lawes and as for me my part is to gouerne lay men by the law of equity to doe iust iudgement betweene euery man and his neighbour to punishe sacrilegious men to represse rebells to take the poore man out of the hand of his stronger and deliuer the needy and impotent from such as oppresse and spoile them It belongeth also to my solicitude to prouide necessaries for Ministers of Gods Churches couents of Monkes cloysters of virgins to procure them peace and quietnes to serue Godâ— But vnto you it apperteyneth to make inquiry examination of their manners if they liue continently if they behaue themselues decently and with edification towards them that be in the world if they be solicitous in seruing God vigilant in teaching the people sober in diet moderate in habit and the like So he 88. And then after a long complaint of many disorders in those dayes crept into diuers of the Clergie the good zealous King hath these words These scandalous things are proclaimed euery where by souldiers muttered by the people sung by players and will you reuerend Fathers neglect dissemble spare them that so offend where is the sword of Leui where the zeale of Simeon where is the spirit of Moyses where the sword of Phinees the Priest Yea where is the spirit and feruour of S. Peter wherby he so dreadfully punished both auarice and heresie follow him follow him ô you Priests tempus faciendi contra eos qui dissipauerunt legem Dei it is high tyme to punish those that haue dissipated the law of God by their euill life Ego Constantini vos Petri gladium habetis in membus iungamus dexteras gladium gladio copulemus I haue the sword of Constantine you the sword of S. Peter in your hands let vs ioyne our forces and couple sword to sword vt eijciantur extra castra leprosi that leaprous and infectious people be cast out of the tents of God c. Thus this noble pious K. pronouÌ„ced in the presence of his Prelates and people with much more which for breuity I doe omitt 89. And now M. Attorney will see heere what accompt these two auncient Kings made of these two powers and swordes spirituall and temporall and of their distinction and subordination the one to the other And it seemeth that this speach of King Edgar was so memorable and famous to all his posterity that VVilliam Conquerour also did imitate the very same when in certaine lawes of his ordeyning that such lay men as were disobedient to the Bishops sentence should be punished by his temporall officers he vseth this phrase of Edgar saying Rex constringit malefactorem vt emendet primùm Episcopo deinde Regi sic erunt ibi duo gladij gladius gladium iâ—uabit The King shall compell the malefactor to make amends first to the Bishop and then to the King and so shall there be two swordes and the one sword shall assist the other Where we see that he did subordinate his owne sword to that of the Bishops and Ecclesiasticall power of the Church And the self same manner of speach and forme of beliefe as common to the whole world did Queene Eleanor wife to King 〈◊〉 the second vse in her epistle to Celestâ—nus the Pope when she â—â— treated him to excommunicate the Emperour and Duke of â—â—stria for deteining her sonne K. Richard the first prisoner which letter was written by Petrus Blesensis
greatly this violent seuerity towards Ecclesiasticall persons One thing saith he among so many excellent monuments of your royall vertues doth greatly mislike and afflict me and contristate my louing heart towards you that in the taking and detayning prisoner your brother Otho Bishop of Baion you had not that care which was conuenient of your Princely reputation but did prefer the secular caution of your temporall state before the law of God in not bearing more reuerence vnto Priestly dignity So he 4. And this very same violent nature of K. VVilliam who had byn a souldiar and borne armes and brought vp in continuall bloud-shed from eight years old as himself testifieth was that which pious and learned Lanfranke nominated chosen Archbishop of Canterbury after the deposition of the foresaid Stygand did so much feare and mislike at his first comming into England as may appeare by an epistle of his to Pope Alexander the second that had commaunded him sore against his will to leaue his monasterie in Normandy and to take that Archbishoprick vpon him but now being come into England and seeing how matters did passe there he was vtterly dismayed and besought the Pope by all means possible and by all the most effectuall wayes of persuasion he could deuise that he might be rid of it againe Your legat said he hauing gathered a Synod heer in Normandy commaunded mee by the authority of the Apostolike Sea to take the gouernment of the Church of Canterbury vpon mee neither could any resistance of my parte by laying forth the weaknes â—f my body the vnworthines of my person the lack of skill in the English tongue the barbarousness of the people nor any other such excuse take place with them wherefore at length I gaue my consent I am come hither into England and haue taken the charge vpon me wherin I find so great trouble and affliction of mind such rediousnes of my soule such want of courage in my self such perturbations such tribulations such afflictions such obdurations such ambition such beastlynesse in others and doe euery day heare see and feele such misery of the Church as it loatheth me to liue and am sory that I haue liued vnto this day For as the euils are great for the present so doe I expect far greater for the time to come c. Wherfore I doe most humble beseech your Highnes euen for Gods sake and for your owne soule that haue bound me to this charge that you will absolue me againe let me returne to my monasticall life which aboue all things in this world I loue and desire and let not me haue denyall in this one petition which hath both piety iustice and necessity in it c. 5. So wrote the Archbishop Lanfrank And that the most of this was meant in respect of difficulties with K. VVilliam himself it may be gathered by that in the same letter he desireth the Pope to pray for the said King VVilliam and among other points Vt cor eius ad amorem suum Sanctae Ecclesia spirituali semper deuotione compungat That God allmighty will stir his heart to loue him and his holy Church and bring it to compunction by spirituall deuotion For this was the thing that King VVilliam had most need of to wit spirituall compunction with a tender conscience whose affections were more out of order commonly then his iudgement which himselfe confessed with great lamentation at his death as you may read in Stow and other Authors For he I meane the King hauing related his hard proceedings in England he said that he was pricked and bitten inwardly with remorse and feare considering that in all these actions saith he cruell rashnesse hath raged And therfore I humbly beseech you ô Priests and ministers of Christ to commend me to the allmightie God that he will pardon my sinnes wherwith I am greatly pressed c. And wheras a little before he had raged in his warres against the Towne of Meaux in France and had burned diuers Churches therin and caused two holie men Anchorites to be burned in their Cells wherin they were included which might seem to be an act of no very good Catholike man God stroke him for it presentlie yet was not this of iudgement but of rage to vse his owne word and he sorely repented the same soone after and sent a great summe of money saith Stow to the Cleargie of Meaux that therby the Churches which he had burned might be repayred 6. And the same might be shewed by a like passionate accicident that fell out on the 13. yeare of his raigne and of Christ 1079. when hauing vpon ielousie of his estate forbidden that anie of his Bishops should goe ouer the sea to Rome Pope Gregorie the 7. wrote a sharpe reprehension therof to be denounced vnto him by Hubert his legat then residing in England saying that it was Irreuerentis impudentis animi praesumptio c. the presumption of an irreuerent and immodest mind to prohibite his Bishops to make recourse to the Sea Apostolike Which reprehension made him so enter into himself as he sent two Embassadours to Rome in Company of the said Hubert when he returned to excuse the matter and shewed himself afterward a most obedient and faithfull child to the said Church euen in that troublesome and tempestious time when Henry the Emperour with all forces impugned the same as appeareth by the letters yet extant of the same Pope Gregorie vnto him 7. Wherfore hauing premissed this for K. VVilliam and all his Successours of the Norman French English race in number aboue twentie for the space well neere of 500. years vntil K. Henry the 8. that whatsoeuer some particular actions of theirs vpon interest anger feare preuention of imagined daungers coÌ„petency or some other such like motiue may seeme to make doubtfull sometimes and in some occasions their iudgment or affection to the supreame Ecclesiasticall power and iurisdiction of the Sea Apostolike of Rome yet were they indeed neuer of anie contrary opinion faith or iudgment but held the very same in this point which all their auncestors the English Kings before the Conquest did and all Christian Princes of the world besides in their dayes And for K. VVilliam Conqueror in particular the seueral reasons that doe ensue may easilie conuince the same Reasons that shew VVilliam Conquerour to haue acknowledged euer the Authoritie of the Sea Apostolicke §. I. 8. First that before he would take in hand or resolue anie thing vpon the enterprice of England as already we hane notedâ— he sent his whole cause to be considered of examined and iudged by Pope Alexander the second shewing him the pretence he had by his affinity to K. Edward the Confessor deceased as also the said Kings election and nomination of him by testament the vnworthines of Harold the inuader the occasion of iust warre which he had giuen him
the same Archbishops returning the yeare following to England againe the said Pope Alexander wrote to K. VVilliam by them Alexander Episcopus Seruus Seruorum Dei Charissimo filio Gulielnio glorioso Regi Anglorum c. Wherein after he had tolde him Inter mundi Principes Rectores egregiam vestrae religionis fanâ—am intelligimus that among all the Princes gouernours of the world wee haue heard the singular fame of your religion exhorting him to goe forward in the same for that perseuerance only to the end is the thing which bringeth the Crowne of euerlasting reward he toucheth also diuers points of defending Ecclesiasticall persons and libertyes of the Church of releeuing oppressed people vnder his dominion telling him that God will exact a seuere accoÌ„pt therof at his hands which no doubt was meant principally of the oppressed English nation by him wherof Lanfranke secretly had informed the said Pope After all this I say he telleth him of certaine busines that he had committed to Lanfranke to be handled in England in a Synod to be gathered there as namely about the preheminence of the two Archbishopricks Canterbury and Yorke And also to heare againe and define the cause of the Bishop of Chichester deposed before by his legats And finally he concludeth that he should beleiue Lanfranke Vt nostrae dilectionis affectum plenius cognoscatis reliqua nostrae legationis verba attentius audiatis that by him you may more fully vnderstand the affection of our loue towards you as also heare more attentiuely the rest of our legation committed vnto him c. Where he speaketh to the King as you see like a Superiour And Iohn Stow reciting the history of the said Synod gathered about these matters in England the yeare following at VVindesor hath these words taken out of auncient historiographers This yeare by the commaundement of Pope Alexander and consent of King VVilliam the Conquerour in the presence of the said King his Bishops Prelates and Nobility the primacy which Lanfranke Archbishop of Canterbury claymed ouer the Church and Archbishop of Yorke was examined and tryâ—d out c. Heere then was no repining of King VVilliam at the Popes authority in those dayes but all conformity rather with the same 13. I might alleadge many other examples to this effect as that which Stow writeth in the 17. yeare of the raigne of K. VVilliam and yeare of Christ 1083. that VVilliam Bishop of Durham by leaue of the King and nobles of the Realme went to Rome and obtained of Pope Gregory the 7. to bring the Monks from Tarrow and Yarmouth into the Cathedrall Church of Durham where he gaue to them lands Churches ornaments c. all which saith he K. VVilliam the Conqueror confirmed by his charter in confirmation no doubt of the Popes Charter which to procure he went to Rome and he had licence thervnto from the King and nobles that were sounders of that Church which licence they would neuer haue graunted if they had thought that the matter had appertained only to the King at home in his owne countrey and not to the Pope 14. And in the very same yeare K. VVilliam as before we haue touched being entred into great iealosie of the ambition and aspiring mynd of his halfe-brother Otho Bishop of Baion Earle of Kent least with his Councell and riches he might assist his sonne Roâ—â—rt and others that did rise in Normandy against him or as some thinke desirous to sease vpon his great riches and wealth which he gathered togeather he suddenlie returned from Normandy to the I le of VVight where he vnderstood the said Otho to be in great pompe pretending to goe to Rome and at vnawares apprehended him but yet for excuse of that violent fact upon a Bishop he made first a long speach vnto his nobles there present shewing that he did it not so much in respect of his owne temporall security as in defence of the Church which this man oppressed My brother saith he hath greatly oppressed England in my absence spoyled the Churches of their lands and rents made them naked of the ornaments giuen by our predecessours the Christian Kings that haue raigned before me in England and loued the Church of God endowing it with honours and gifts of many kindes VVherefore now as we beleeue they rest reioycing with a happy retribution Ethelbert and Edward S. Oswald Athulse Alfred Edward the elder Edgar and my cosen and most deare lord Edward the Confessor haue giuen riches vnto the holy Church the spouse of God my brother to whom I committed the gouernment of the whole Kingdome violently plucketh away their goods c. 15. This was one excuse vsed by the Conqueror Another was as Stow recordeth that he said that wheras his brother was both Bishops of Baion and Earle of Kent he apprehended him as Earle of Kent and not as Bishop of Baion that is to say as a lay-person and not as an Ecclesiasticall And yet further when he was vrged about that matter by his owne Prelates he was wont to say as Stow and others doe also note that he did it by particular licence of the Pope and not only by licence but also by his decree and commaundement and so he protested at his death Wherby we see how little opinioÌ„ he had of his owne spirituall iurisdiction in this behalfe Of King VVilliam the Conquerour his lawes in fauour of the Church and Church-men §. II. 16. But no one thing doth more exactly declare the sense and iudgement of King VVilliam in these things then his particular lawes which are recorded by Roger Houeden an author of good antiquity who shewing that King VVilliam in the 4. yeare of his raigne calling togeather all his Barons Gouernours of Prouinces twelue expert men out of euery shyre did reveiw the auncient lawes both of the English and Danes approuing those that were thought expedient and adding others of his owne beginning with those that appertained to the libertyes exaltation of the Church Taking our beginning saith he from the lawes of our holy mother the Church by which both King and Kingdome haue their sound fundament of subsisting c. And then followeth the first law with this title De clericis possessionibus corum Of Clergie-men their possessions the law it self is writen in these few words but containing much substance Omnis Clericus etiam omnes Scholares omnes res possessiones corum vbicunque fuerint pacem Dei Sanctae Ecclesiae habeant Let euery Clergie-man and all schollers and all their goods and possessions whersoeuer they be haue the peace of God and of holy Church And afterwards he declareth what this peace of the Church is to wit that neither their persons nor their goods can be arested molested or made to pay tribute or otherwise troubled by any secular iudge whatsoeuer 17. And in the second law
which is intituled De temporibus diabus pacis Domini Regis Of the times and daies of peace and freedome of our Lord the King he doth explicate that it belongeth to the King and his officers to see these liberties of Ecclesiasticall peace franquises and freedome be exactlie obserued to Ecclesiasticall persons especiallie to punish them double which refuse to put in execution the Bishops sentence of iustice Quod si aliquis â—i foris fecerit saith he Episcopus inde iustitiam faciat veruâ—tamen si quis arrogans pro Episcopali iustitia emendare noluerit Episcopâ—â— Regi notum faciat Rex autem constringet malefactorem vt emendet cui foris facturum fecit scilicet primum Episcopo deinde Regi sic erunt ibi due gladij gladius iuuabit If anie man shall doe anie hurt to him that hath the peace of the Church let the Bishop doe him Iustice but if anie man will bee arrogant not make amends according to the sentence of iustice giuen by the Bishop let the Bishop make it knowne to the King or his Courts and the King shall constraine the malefactor to make amends to him vnto whom hee did the hurte to wit first vnto the Bishop and then to the King and so there shall bee two swords against malefactors and the one sword shall help the other And heere let be considered what he saith of two swords one in the Bishops hand and the other in the Kings and that this must assist that of the Bishops as the principall superiour which is conforme to the speach of K. Edgar if you remember whereof we made mention in the former Chapter and last demonstration therof Wherby is made euident that these auncient Kings beleeued not to any haue spirituall sword or authoritie by right of their Crowns but onlie the temporall to command punish in temporall affaires and to help and assist the others in causes belonging vnto them 18. The third law hath this Title De Iustitia Sanctae Ecclesiae Of the iustice of the holy Church and prerogatiue therof which she is to receiue in temporall tribunals In which law is determined in these words Vbicunque Regis iustitia vel cuiuscunque sit placita tenuerit si vllus Episcopus venerit illuc aperuerit causam Sanctae Ecclesiae ipsa prius terminetur Iustitia enim est vt Deus vbique prae caeteris honoretur Whâ—rsoeuer the Kings Iustice or the Iustice of what other Lord soeuer shall hold pleas or keep courts if any Bishop come thither and open a cause of the holy Church let that cause of all other be first determined for it is iust that God be honoured euery where before all other Marke his reason why the expedition of the Bishops cause is to be preferred before that of the King for that he holdeth the place of God and thereafter must be respected 19. The fourth law hath this Title De vniuersis tenentibus de Ecclesia Of the priuiledges of all those that are any way tenants of the Church And then it followeth in the law Quicunque de Ecclesia aliquid tenuerit vel in fundo Ecclesiae mansionem habuerit extra curiam Ecclesiasticam coactus non placitabit quamuis foris fecerit nisi quod absit in Curia Ecclesiastica rectum defecerit Whosoeuer doth hold any thing of the Church or hath his mansion-house within the land of the Church shall not be constrained to plead any matter of his though he bee a malefactor out of the spirituall courte except which God forbid iustice could not be had in the said Ecclesiasticall court 20. These are the first lawes of all that were made by King VVilliam and after these doe ensue fiue more to the same effect of Churches priuiledges wherof the first hath this Title De reis ad Ecclesiam fugientibus Of malefactors that fly to the Church how they are to haue Sanctuary and protection The second De fractione pacis Ecclesiae Of breaking the peace of the Church that is to say of her priuiledges the breakers wherof are appointed to be sharply punished first by the Bishop then by the King if he be arrogant The third De decimis Ecclesiae maioribus Of the greater tythes belonging to the Church The fourth De minut is decimis Of lesser tythes all which are commaunded to be payed exactly And finally the fifth law which is the tenth in order hath this Title De denario S. Petri qui Anglicè dicitur Rome-scot Of Peter-pence called in old English Rome-scot wherin is appointed the order how the said Peter-pence shall be gathered and made ready against the feast of S. Peter and S. Paul or at the furthest against the feast of S. Peters Chaines as we haue seen also before ordeined by the law of K. Kanutus By all which is vnderstood and much to be considered that neither K. VVilliam nor any of his auncestors tooke vpon them to make any Ecclesiasticall law at all of spirituall matters as of their owne but only did second and strenthen and confirme the lawes of the Church by their temporall lawes by defending the same and punishing the breakers therof Which is a far different thing from the Ecclesiasticall power which M. Attorney will needs haue vs beleeue to haue byn in the auncient Kings of England according to the meaning of the auncient Common-lawes therof but produceth none And I persuade my self he will hardly alleadge me any so auncient as these though he haue studied them as he saith 35. years but fiue hundred more were necessary to find out that which he affirmeth And thus much of lawes for the present 21. There remaineth only one argument more concerning K. VVilliam which is the time of his death and of what sense and iudgment he was in this point at that time when commonly men doe se more cleerly the truth of matters especially Princes then before in their life health and prosperity when passion honour or interest may oftentimes either blind or byasse them And albeit of K. VVilliam diuers ancient writers doe recorde that notwithstanding in his anger vnto secular men he was fierce terrible yet vnto Ecclesiasticall persons he bare still great respect wherof among others this example is recorded by Nubergensis that when at a certaine time Archbishop Aldred of Yorke that had crowned him and was much reuerenced by him while he liued intreating him for a certaine pious worke and not preuailing turned his back and went away with shew of displeasure the Conquerour tooke hold of him and fell downe at his feet promising to doe what he would haue him and when the Nobles that stood round about began to cry to the Arch-bishop that he should take vp the King quickly from his knees he answered let him alone he doth but honour the feet of S. Peter in kneeling at myne Which well declareth saith Nubergensis both what great reuerence
benefices Per annuium baculum that is by giuing them a ring a staffe which are the ordinarie signes and markes of taking possession of their iurisdiction which though the said Princes doe acknowledge to bee a spirituall Act and consequently not possible to descend from the right of their temporall Crowne as M. Attorney would haue it yet desired they to inioy it by Commission from the Sea Apostolicke in respect of their greater authoritie amonge their Subiects and for more breuitie of prouiding and establishing incumbentes when benefices of cure fell voide and for other such reasons wherof we may read in the liues of diuers of our Kings And namelie of King Henrie the first this Conquerour his sonne what earnest suite he made to haue these inuestitures graunted him which the Pope did flattly deny to doe yea and the greatest causes of that wonderfull breach between the Popes Alexander the 2. and Gregorie the 7. and others of that age with the Emperour Henrie and his Successours were by the occasion of these inuestitures which the said Popes would not graunt Albeit I find some ages after that the great and famous Lawyer Baldus aboue two hundred years gone recordeth that in his tyme two Kings only had these priuiledges graunted them from the Sea Apostolicke The King of England to wit and the King of Hungary which perhaps was in regard that their Kingdomes lay so far of as it might be preiudiciall to their Churches to expect allwayes the said Inuestitures from Rome But yet he expresly saith that it was by Commission and delegation of the Pope Papa saith he committit spiritualia etiam mero laico ideo Rex Anglorum rex Hungaria conferunt in suis Reguis Praebendas ex priuilegio Papa The pope may commit spirituall things to a meere lay-man and this he proueth by diuers texts of law and hence it is that the King of England and King of Hungary doe in their Kingdomes giue Prebends by priuiledge of the Pope Wherby we vnderstand that in Baldus his time it was held for a pecular priuiledge of these two Kings which fithence hath byn communicated to diuers other Christian Princes who doe vse and exercise the same at this day but yet none pretending it as from the right of their Crownes For they neuer pretended to giue benefice or Bishopricke by their owne Kingly authority but only to present and commend fit persons vnto the Sea Apostolicke to be admitted and inuested therby as all other Catholicke Princes at this day doe vse yea and that this right of presentation also they tooke not but by concession and approbation also of the foresaid Sea Apostolicke as by the former examples may appeere 35. And this is so much as I thinke coÌ„uenient to saie in this place to M. Attorneys silly instance and I haue been the longer theraout for that this K. VVilliam is the head and roote of al the Kings following and this which hath been answered to this obiection will giue much light to all other instances that are to ensue And if anie King should haue taken anie other course from this established by the Conquerour their head and origen which yet none euer in any substantiall point did vntill King Henry the 8. you may see by all this discourse that the Conquerour might say of them as S. Iohn said of some of his Ex nobis prodierunt sed non erant exnobis And so much of the Conquerour OF KING WILLIAM RVFVS AND HENRY THE FIRST That vvere the Conquerours sonnes and of King Stephen his Nephevv And how they agreed with the said Conquerour in our Question of spirituall iurisdiction acknowledged by them to be in others and not in themselues CHAP. VIII THis beginning being established in the Conquerour coÌ„forme to that which was in the precedent Kings before the Conquest their remaineth now that wee make our descent by shewing the like conformitie in all subsequent Kings vnto K. Henry the 8. according to our former promise Wherfore first in ranke there commeth K. VVilliam Rufus second sonne of the Conquerour among those of his children that liued at his death who being named to the succession by his said father vpon his death-bed so charged forewarned as you haue heard in this verie point of honoring the Church and Ecclesiasticall power and vnder that hope and expectation embraced and crowned by the good Archbishop Lanfranke 〈◊〉 king first his solemne Oath to the same effect which his father had taken before him in the day of his Coronation he gaue gâ—â—â— satisfaction contentment to all his people at the beginning of his raigne as all our historiographers doe testifie that is to say so long as Archbishop Lanfranke liued to whom he bare singular respect loue and reuerence but the said Archbishop deceasing in the second yeare of his raigne which was about the 20. of his age the young man as thinking himself free from all respect to God or man brake into those extreame disorders of life which our historyes doe recount 2. And among others or rather aboue others in oppressing the Church holding Bishopricks Abbies in his hands as they fell void and not bestowing them afterward but for bribes and Simony And namely the Archbishopricke of Canterbury he held foure years in his hand after the death of Lanfranke vntil at length falling greiuously sicke in the Citty of Glocester and fearing to dy made many promises of amending his life as namely saith Florentius Ecclesias non amplius vendere nec ad censum ponere sed illas Regia tueri potestate irrectas leges destruere rectas statuere Deo promisit He promised to God not to sell Churches any more nor to put them out to farme but by his kingly power to defend them and to take away all vniust laws and to establish such as were rightfull And heervpon presently to begin withall he nominated to the Archbishopricke of Canterbury a great and worthy learned man named Anselmus Abbot of the monastery of Becke in Normandy who was then present in England for that some moneth or two before he bad byn intreated by the Earle of Chester Syr Hugh Lupus to come into England to found and order his Abbey saith Stow of S. VVerberge at Chester of whom Malmesbury liuing presently after him saith Quo nemo vnquam iusti tenâ—cior c. then which Anselmne no man was euer more constant in righteousnes no man in this age more exactly learned no man so profoundly spirituall as this Archbishop that was the father of our countrey and mirrour of the world 3. But this vnfortunate King was no sooner recouered say the same Authours but he repented himself sorely that he had not solde the said Archbishopricke with other for more money and therevpon tooke an occasion to picke a quarrell against the said Anselmus and among other things to let him that he could not doe his
monastery of Clare-vallis vnder the said S. Bernard was promoted vnto the dignity and proued a notable good Archbishop though at the beginning he being contradicted by the King had great difficulty to enter the people also being against him as well for feare of the said King as for fauour and loue of the other good man deposed and the Kings sonne Eustachius going to Yorke vpon that occasion vsed great violence and insolency and some not to be named against such as had opposed themselues against the election of the said deposed But finally the sentence and iudgement of Pope Eugenius tooke place and K. Stephen after a time permitted the other to liue quietly in his Bishopricke whereby we may see what power and iurisdiction the Pope had for such matters in England at that time And that neither K. Stephen nor his sonne Eustachius nor any of his Counsell went euer about to say for their pretence or excuse that these things belonged to the Kings authority-Royall not to the Popes tribunall 36. All which points being laid togeather and many other that for breuity I doe pretermit it commeth to be manifest that whatsoeuer actions this King in those infinite troubles fears and suspicious of his might sometymes vse for his gaine or interest or vpon persuasion of others against the Church or libertyes therof yet was his will and iudgement truly Catholike in this point nor was he euer noted for the contrary nor doth M. Attorney alleadge any one instance out of him or his tyme to that purpose And therfore shall we passe to other Kings after him OF THE RAIGNE OF KING HENRY THE SECOND Great Grand-child to the Conquerour And of his two sonnes K. Richard and K. Iohn and their conformityes in this controuersie CHAP. IX AS in the former Chapter for breuityes sake we ioyned three Kings togeather so shall we doe the like in this especially for so much as M. Attorney hath no one instance out of any of them whose raignes iudured for the space of aboue threescore years and thereby sufficiently testifieth that in this point of the Popes Ecclesiasticall authority their beleife iudgements and actions were correspondent and vniforme to those of their progenitors and predecessors as also were their lawes consequently which allwayes is to be borne in mind the common lawes of their dayes could not be contrary to that iurisdiction of the Bishop of Rome which they themselues euerywhere did acknowledge professe and practise For better declaration notwithstanding wherof we shall not omit to set downe some particular and seuerall notes as well of these Kings and their successors as we haue done of the former OF KING HENRY THE SECOND The fifth King after the Conquest §. I. 2. This King then was a French-man borne as well as K. Stephen of the English-bloud only by Maude the Empresse daughter to K. Henry the first neece to the Conquerour He was sonne and heire to Geffrey Duke of Anioy and Poytoù and a little before his inheritance of England he had the rare fortune as then it was thought to marry with the young Queene Eleanor lately diuorced from K. Lewes the seauenth of France vpon their falling out after their returne from Ierusalem which Queene was daughter and heire to the Duke of Aquitaine so as all those States of Gascoyne Gwyan Poytoù Anioy and Normandy were vnited togeather in this K. Henry and by him conioyned to England The Dukedome of Brittany also falling in his tyme to the inheritance of an only daughter of Duke Canon King Henry procured to marry the same to his third sonne Geffrey for he had foure by his said Queen that liued togeather besides a fifth that died young It was his chaunce also to haue an English Pope named Adryan in his daies by whose fauour and concession he got interest to Ireland so as if we respect the greatnes and multitude of his dominions he was the most puissant King of all that euer had dominion ouer our nation vntill that day 3. But if we respect his manners you may besides others writers read a whole Chapter in Nubergensis of the conflict combat betweene vices and vertues in him though he conclude that his vertues were the more and his vices were sore punished in him by almighty God in this life to the end that his soule might be saued in the next as the same Author writeth And to this effect was he punished and afflicted most in those things wherin he had taken most delight and for which he had most perhaps offended God as first in the alluring of the said Q. Eleanor to make the foresaid diuorce from the King of France to marry him who afterward was a great affliction vnto him for that haâ—â—â—â— borne him many faire children she set the same against him â—â— thervpon the former ardent loue waxing cold between them he was the more induced to liue lasciuiously with others and â—â— the end committed her to prison and held her so for neere a dozen years togeather before his death 4. His children also he couered exceedingly to aduauÌ„ce crowning the elder of them King in his owne daies by the name of K. Henry the third and giuing him in possession the States of Gascoyne and Gwyan the second being Richard he made Earle of Poitoù the third which was Geffrey he inuested as hath byn said in the Dukedome of Brittany and the fourth named Iohn for that he had no seuerall State as yet to giue him he called in iest sâ—â—â— terre or lack-land signifying therby the great desire he had to prouide some State for him And for effectuating this saith Nubergensiâ— which liued in that age that is to say for aduauncing his children he offered iniuries to many wherby it came to passe by Gods iust iudgement that they all at different times conspired against him For first about the middest of his raigne both the mother and the children banded themselues against him with Lewes the K. of France that had byn her former husband wherof Petrus Blesensis that was his latin Secretary maketh mention in diuers epistles that are extant as namely in one written by two Archbishops that had byn his Embassadours to the said K. Lewes to make peace but could not who discouered that both his Queene and children had all conspired against him Quid amabilius â—ilijs say they quid vxore familiarius recessit tamon vxor à latere vestro filij insurgunt in patrem What is more delectable them children what is more neere or familiar then the wife And yet is your wife departed from your side and your children are risen against their father c. And in the same epistle they counsaile him to looke well to his person for that they sought his destruction 5. And the same is testified in another epistle written by the Archbishop of Roane in Normandy vnto Q. Eleanor her self wherin he persuadeth her vehemently by manie reasons
to returne to the obedience and freindship of her King and husband and in the end threatneth to vse the Censures of the Church against her if she obaied not Parochiana eniuâ— nostra es saith he sicut â—◠〈◊〉 non pâ—ssumus deesse iustitia c. For you are our Parishioner aâ— also your husband I cannot but doe iustice either you must returne to your husband againe or by the Canon-law I shall be forced to constraine you by Ecclesiasticall censures I write this vnwillingly and if you repent not I must doe it though with sorrow and teares 6. The like letter at the same time wrote Richard Archbishop of Canterbury to K. Henry the sonne persuading him by diuers earnest arguments to returne into grace with his Father and in the end threatned him that if within fifteen dayes he perfourmed it not he had expresse commaundement from the Pope to excommunicate him But how this matter was afterward ended or compounded rather for that present you shall heare a little beneath though againe vpon other occasions matters brake forth brought the afflicted King at last to the most miserable state of desolation in minde that euer perhaps was read of in historyes For that as Stow out of auncient writers reporteth he died cursing the day that euer he was borne and giuing Gods curse and his to his sonnes which were only two liuing at that time and that he would neuer release or goe backe in this albeit he was intreated by diuers both Bishops and other religious persons euen vntill the very houre of his death Wher vnto Nubergensis addeth this saying for some reason therof Nondum vti credo satu defleuerat c. He had not as I beleeue mourned or bewailed sufficiently the rigour of that most vnfortunate obstination of mind which he had vsed against the venerable Archbishop Thomas in giuing the occasion of his murder and therefore doe I thinke this great Prince to haue had so miserable an end in this world that our Lord not sparing him heere might by his temporall punishment prepare him euerlasting mercy in the life to come So Nubergensis And this for his manners and conuersation wherin otherwise the said Author doth much commend him for a good Iusticer and leuing Father to his people a great Almes-man and founder of pious works and for a principall defender and preseruer of Ecclesiasticall libertyes c. 7. But now if we consider the point of our controuersie about his religion and particular iudgement in the matter of Ecclesiasticall iurisdiction no King euer of our nation did make the matter more cleere for his obedience to the Sea of Rome in all occasions wherof he had many in his dayes some of them neerly concerning himselfe as that of Thomas Becket Archbishop of Canterbury who for opposing himself against certaine new Statutes and Ordinances of the said King which in the heat of 〈◊〉 greatnes and temporall fortune he would haue made against the liberty of the Church pretending them to haue byn of his Grand-father K. Henry the first and if they had byn the antiquity was not great as you see the said Archbishop incurred highly his heauy indignation which cost him afterward his life as is notorious And these lawes were six in number as the histories of that time doe sett them downe The first that no appellation might be made to Rome without he Kings consent The second that no Bishop might goe out of the Realme without the Kings licâ—nce though he were called by the Pope himself The third that no Bishop may excommunicate any man that held of the King in capite but by the Kings approbation The fourth that it shall not appertaine to the Bishop to punish men for periury â—â— violating their faith but that it shall belonge to the Kings Courts The fifth that Clarks may be drawne to secular tribunals in certaine causes The sixt that the King and his lay-Iudges may determine controuersies about titbes or Churches 8. These were the lawes for which K. Henry the second made so much adoe to haue them passe as he enpawned his whole power therin moued for so much as in him lay both heauen and earth to effectuate them euen by the Pope himself but could not And yet you see that heere is not pretended any absolute spirituall iurisdiction but only delegatory in certaine little peeces and parcels therof or rather some little restraint of that supreme authority which he acknowledged to be in the Sea of Rome But yet for the good and peace of his land he pretended to haue them graunted confirmed allowed vnto him as he said they had byn to his Grand-father but could not shew it For as you haue heard in the life of K. Henry the first the holy and learned prelate S. Anselme stood against him in such sorte so as he preuailed not 9. It is heer also specially to be noted against M. Attorney that this King pretended not as hath byn said to haue this iurisdiction against Clergie men by right of his Crowne but by concession rather of his Bishops and confirmation of the Pope himself For so expresly affirmeth Houeden that liued at that tyme that he required the seales of the said Bishops and confirmation of Pope Alexander the third whervnto when Thomas Becket Archbishop of Canterbury that was Legatus-natus would not yeeld the King sent messengers to Rome presently saith Houeden to wit Iohn â—â—â—â—ford Geffrey Ridell to desire of Pope Alexander that he would make his extraordinary Legat in England Roger Archbishop of Yorke an old emulator and enemy of S. Thomas But the Pope perceiuing his drifte which was to oppresse the said Archbishop of Canterbury denyed the Kings petition in this behalfe though at the request of the Kings said messengers Consessit Dominus Papa vt Rexipse Legatus esset totius Angliae it a tamen quod ipse nullum grauamen facere posset Cantuariensi Archiepiscopo The Pope graunted that K. Henry himself should be his Legat ouer all England but yet so as he should not be able to lay any aggreiuaunce vpon the Archbishop of Canterbury that is to say should not preiudicate his ordinary iurisdiction or haue any authority ouer him Which point the King perceiuing and that his whole intent of oppressing the said Archbishop was heerby preuented he would not through indignation saith our Author accept of the said legation but sent back the Popes letters of that commission to him againe Wherby you see that he refused the said office for that he thought the iurisdiction giuen him was lesse then he would haue had and not for that he did not acknowledge the whole to be in the Pope and nothing in himself as from the right of his Crowne 10. But to abbridge this matter concerning his contention with S. Thomas wherof afterward he sore repented himself as you will heare though he entred into the same with great
pretence of many causes appealed therein to the Sea of Rome the Archbishop not admitting the same appeale pronounced notwithstanding sentence of excommunication against him Celestinus the Pope not only reuoked the said sentence but exempted moreouer the said Bishop Bishopricke from the obedience of the said Archbishop and Archbishopricke of Yorke as the same author relateth So as in this he shewed his authority in England 37. But now let vs passe to K. Richard himself who being valiantly occupied in the warres against the Infidels and enemies of God in Asia had many crosses fell vpon him First the falling out and departure of K. Philip of France from that warre as you haue heard who returning into France began to treat presently with Earle Iohn to trouble the peace of his brothers territoryes and the principall point that combined these two togeather against King Richard besides the enuy of the one and ambition of the other was that both of them were afraid least Prince Arthure Earle of Brittany sonne to Geffrey Iohns elder brother should succeed in the Kingdome of England if any thing should happen to King Richard and so the Bishop of Ely had giuen out that King Richard himself had written from Sicily which point was much feared as preiudiciall to them both Whervpon they made a fast league and began on both sides of the Sea to trouble the State which when K. Richard vnderstood and that Pope Celestinâ—◠〈◊〉 his letters and other diligence could not stay them and that 〈◊〉 grew into sedition at home by partes-takinge he was forced sorely to his greife and to the publicke lamentation of all Christendome to leaue that warre and to abandon the victorie that was euen now almost in his hand if he had stayed as the euent also shewed for that soone after dyed the Saladine by whose death there was no doubt but that King Richard had recouered Ierusalem 38. But he returning for defence of his owne countrey fel into great misery For being taken as hath byn said by Duke Leopold of Austria vpon pretence of certaine iniuries receiued from him his people in the warres of Asia he was deteined by him and by the Emperour Henry the 6. more then fifteen moneths prisoner and forced to paie in the end aboue two hundred thousand markes for his ransome partly in present money and partly in pawnes and pledges left for the same And so after foure yeares absence the said King returned 39. But in this tyme of his captiuity his chiefest comforte and refuge was in the assistance of the said Pope Celestinus as may well appeare by the sundry letters of many written vnto the said Pope in his behalfe but especially and aboue others of the afflicted Lady and Queen his mother Eleanor who wrote three large letters vnto him by the pen of Petrus Blesensis Archdeacon then of London that had byn Secretary to her husbaÌ„d K. Henry the second and she beginneth one saying thus Sanè non multum ab insania differt dolor Sorrow truly doth not much differ from madnes And then Gentes diuulsae populi lacerati prouinciae desolatae in spiritu contrito humiliato supplicant tibi quem constituit Deus super Gentes Regna in omni plenitudine Potestatis These nations heer deuided in their owne bowels by absence of their Prince this people torne and broken in themselues these desolate prouinces doe in a contrite and humbled spirit make supplication to you whom God hath placed ouer Nations and Kingdomes in all fullnesse of power And then againe Moueat te Summe Pontifex etsi non huius peccatricis infalicissimae dolor saltem clamor pauperum compeditorum gemituâ— interfectorum sanguis Ecclesiarum spoliatio generalis denique pressura sanctorum Be you moued ô high Priest if not with the sorrow of mee a most vnfortunate sinner yet with the cry of poore men with the groanes of them that are in fetters with the bloud of them that are heere slaine with the spoyling of Churches therof ensuing and with the generall oppression of all holy people And yet further Duo filij mihi supererant ad solatium qui bodie mihi misera damnatae supersunt ad supplicium Rex Richardus tenetur in vinculis Iohannes frater ipsius regnum Captiui depopulatur ferro vastat incendijs Two only children of many remained vnto me for my comforte which now are vnto me most miserable and damned woman become a torment King Richard is held captiue in chaines and Iohn his brother doth spoile by sword and fire the said captiues Kingdomes and dominions 40. This and much more to the same lamentable effect wrote this afflicted mother vnto Pope Celestinus in those dayes requesting him by Ecclesiasticall censures to compell both the Emperour and Duke of Austria to set her sonne the King at liberty And to this effect hath she many vehement speaches exhortations vnto him as for example Nonne Petro Apostolo saith she in eo vobis à Deo omne regnum omnisque potestas regenda committitur Benedictus autem Dominus qui talem potestatem dedit hominibus non Rex non Imperator aut Dux à iugo Vestrae Iurisdictionis eximitur Vbi est ergo Zelus Phinees vbi est authoritas Petri c. were not all Kingdomes and was not all power and gouernment committed by God vnto Peter the Apostle and in him to you Blessed be our Lord that gaue such authority vnto men No King no Emperour no Duke is exempted from the yoke of your Iurisdiction And where is then the Zeale of Phinees where is the authority of Peter c. 41. And againe in another epistle Illud restat vt exeratis in malesicos Pater gladium Petri quem ad hoc constituit Deus super gentes regna Christi crux antecellit Caesaris Aquilas gladius Petri gladio Constantini Apostolica Sedes praeiudicat Imperatoria potestati Vestra Potestas à Deo est an ab hominibus Nonne Deus Deorum locutus est vobis in Petro Apostolo di cens Quodcunque ligaueris super terram erit ligatum in caelis quodcunque solueris super terram erit solutum in caelis Quare ergò tanto temporetam negligenter immò tam crudeliter filium meum soluere defertis aut potius non audetis Sed dicetis hanc potestatem vobis in animabus non in corporibus fuisse commissam Esto Certè sufficit nobis si eorum ligaueritis animas qui filium meum ligatum in carcere tenent Filium meum soluere robis in expedito est dummodo humanum timorem Dei timor euacuet This only remaineth ô Father that you draw forth the sword of Peter against malefactors which sword God hath appointed to be ouer nations and Kingdomes The Crosse of Christ doth excell the Eagles that are in Cesars banners the spirituall sword of â—â—ter is of more power then was the
against all Clergy-men as he seased 〈◊〉 most parte of their goods throughout all England And 〈◊〉 Pope Innocentius wrote diuers letters to pacifie him 〈…〉 angerly to him againe Affirmaeâ—s saith our 〈…〉 electione simul promotione Nâ—rvicensis Episcopi 〈…〉 reuocari Affirming that he could not be 〈…〉 〈◊〉 and promotion of the Bishop of Norwich whome he vnderstand to be profitable vnto him Quod pro libertatibus Corona sua â—â—abit 〈◊〉 fuerit vsque ad mortem That he would stand if need should be for the libertyes of his Crowne euen vnto death Et si de prae 〈◊〉 fuerit exaâ—ditus omnibus Romaâ—â— petentibus maris semitas angu 〈◊〉 That if he may not be heard in the premisses he threatned to â—â—â—iten the passage of sea to all them that would goe to 〈◊〉 So he 58. In all which we see notwithstanding his great displeasure taken he doth not deny the Popes authority spirituall nor ascri 〈◊〉 the Supremacy therof vnto himself but only standeth vpon the libertyes of his Crowne which was as there he signifieth that the Archbishop of Canterbury should not be chosen without his consent or liâ—â—ing though the election therof he tooke not to himself but left it free to the said monkes to whome from the very beginning of Christianity in England the said election appertained And truly many godly and wise men at that time did wiâ—h that Pope Innocentius had not stood so hard with K. Iohn in 〈◊〉 point as this was for contending him with a person gratefull vnto him in that Archbishopricke For from this disgust proceeded all the disorders and miseries that afterward ensued as namely the Kings raging against all the Clergie the particulars wherof are strange and lamentable the interdict of the whole Realme that lasted for fiue or six years without celebrating of deuine seruice in the Churches and finally the excommunication of the King himself and other infinite troubles therof ensuring the said King so raging on the otherside for diuers years togeather as he seemeth not to be well himselfe specially after he saw his Nephew Otho to be depriued also of the Imperiall Crowne by the said Innocentius 59. Many strange acts are recounted of K. Iohn in this time as for example that he sent from time to time to all noble men and gentlemen whom he any wayes suspected to be offended with him commaunding them to giue him for pledges their sonnes or daughters or next of lâ—yn And for that the wife of one VVilâ—â—â—â— Erause Barâ—â— cast out a word that she doubted least her children might be vsed by Duke Geffreys children were to wit 〈…〉 his 〈◊〉 the King sent to apprehend them all and they 〈…〉 he 〈◊〉 them so hardly as he tooke 〈…〉 and caused them to be starued to death in VVindesâ—r castle And the same author of â—â—â—â—ris who liued at that time writeth the Kings fury to h◠〈◊〉 great to commit such horrible acts of cruelty vt 〈…〉 extuteret Tyrannorum That it would make euen Tyrants to 〈◊〉 he addeth further Mukâ—rum nobiliam vxores sâ—tiâ— apprâ—â—â—â—◠〈◊〉 did oppresse and vse violence not only to the lands good◠〈◊〉 honours of noble men but to their wiues and daughter 〈◊〉 He telleth further that being one day at Nottingham and 〈…〉 that the Welch-men began to styr he coÌ„maunded to be brought forth 28. faire young children which he had for pledges of the cheifest nobility of that nation and all to be hanged togeather vpon one gallowes in the yeare 1212. 60. He caused in like manner all the Iewes through 〈◊〉 glaud both men women and children to be taken and â—â—â—â—â—ted to know where there money vvas vvho commonly 〈…〉 the violence of the said tortures gaue him all that they had and more too And when in Bristow they had tortured one by 〈◊〉 sortes of torture the King gaue this sentence vpon him that eâ—ery day he should haue one of his teeth pulled out with the 〈◊〉 test despite and torment that might be vntill he had paid 〈◊〉 ten thousand markes of money and when the Iew had 〈◊〉 seauen teeth to be so pulled out in seauen sundry dayes 〈◊〉 to auoyd the torment of the eight tooth bound himself to pay the ten thousand markes 61. The same author relateth in like manner that the said King meeting one day a company of men which were the 〈◊〉 officers that led bound a murderer towards prison that had robbed and slaine a Priest vpon the high way said vnto them It is no matter he hath killed an enemy of mine let him goâ—â—â—â— and so they did And at another time being at Oxford and â—â—â—ring that a certaine Clarke by meere chaunce had 〈◊〉 woman to death and thervpon fled and the Iustice hauing 〈◊〉 three other Clarkes whom they found dwelling in the 〈◊〉 house though vtterly guyltlesse of the faâ—â— the King comâ—â—â—â—ded them all three to be hanged And moâ—â—ouer when the â—â—â—â—dome was put vnder interdict Rex quasi in fâ—riam vâ—â—sus saith 〈◊〉 author in verba blasphemia prâ—â—upit iuraâ—per 〈…〉 〈◊〉 King being turned as it were into fury did 〈…〉 blasphemous words swearing by the teeth of God◠〈…〉 â—â—â—soeuer he should find any Romanes in any of his landâ— he 〈◊〉 〈…〉 to Rome with their eyes pulled out and nosthrels 〈…〉 He spake also words as though he beleiued not the resurrection of the next life So 〈◊〉 our Author 62. But aboue all fury and wickednes was that resolution which he tooke soone after to wit vpon the yeare 1213. when he sent Syr Thomas Hâ—â—thington and Syr Raph Nicholson Knights and Syr Râ—â—â—rt of London Priest for his Embassadours to the great Maâ—â—â—â—â—â— King of Africke Morocco and Spaine named Miramumilinus offering to be of his religion and to make his Kingdome tributary vnto him and to be his vassall hold it of him if he would 〈◊〉 with an army by sea to assist him But when the said Maâ—â—â—â—â—tan great Prince being a very wise man informing himself of the particularâ— of his person state showed contempt therof 〈◊〉 also of his offer as our Author that spake with one of the Ambassadours setteth downe at large K. Iohn tooke another resolution and passed to the quite contrary extreame resoluing not only to obey the Pope in spirituall iurisdiction but in temporall also and to make his Kingdome tributary and feudatory to the Sea of Rome by payment of a thousand markes euery yeare ther vnto which he bound himself and his heirs to doe vnder a 〈◊〉 large Charter sealed with the great seale of England in gold sending the same to Rome to Pope Innocentius vpoÌ„ the yeare 1214. 63. And by this and other such tokens of his heartie conuersion and sorrow for thinges past he so gained the said Pope that suruiued him as he had him his most earnest defendour all daies of his life after both aginst the King of France his
declared 〈…〉 proofes demonstrations so 〈…〉 ted many other for breuityes sake the 〈…〉 tion being so apparant as there vvas 〈…〉 coâ—firme the same wheras on the contrary side M. Attorney sheweth himself so poore weake needy naked in his proofes as he hath alleadged only hitherto but foure instances or examples out of all these six hundred years that may seem somewhat to fauour him though indeed they doe nothing at all as in their places hath byn declared But now from this King downward we shall haue somewhat more store laid togeather by him out of peeces or raggs of Statutes though as little effectuall to proue his purpose as the other before recited and refuted 2. To begin then with young K. Henry who was but entred into the tenth yeare of his age when the scepter was deliuered vnto him and raigned somewhat more then 56. years He was crowned at Glocester after the death of his Father by one parte of the Realme that followed him and this especially as hath byn said through the presence authority of the forsaid VVallo Pope Innocentius his Legat who earnestly persuaded and inuited all sortes of people to follow and obey this young King and to forsake Prince Lewes of France that had London and the South-partes of England deliuered vnto him And finally denounced excommunication vpon all those that resisted this K. Henry therby drew at length all the Lords and Barons of England in effect to returne vnto him and was cheife Gouernour both of the said Kings person and Realme for a time togeather with some of the English nobility as before hath byn declared 3. Neither shall it be needfull heere to set downe the particulars of his said Coronation with the ordinary oath which all Kings tooke humbly vpon their knees before the high Altar and vpon the holy Euangelists to maintaine the liberties of the Church and to doe iustice to all sortes of men which for me we hauing set downe in the life of K. Iohn this mans Father some other Kings before may serue for an â—xample of all the rest Onlie there is to be noted as particular in this mans coronation that presentlie after his said oath he added this clause as Matthew Paris setteth it downe Deinde fecit homagium Sancta Romanae Ecclesiae Innocentio Papae c. Then he did homage to the holie Roman Church and to Innocentius the Pope therof for his Kingdomes of England and Ireland sware that he would faithfullie paie euerie yeare those thousand markes of tribute which his Father K. Iohn had giuen vnto the said Church c. Which is the first solemne homage that we read to haue been made by any King for temporall obedience vnto the Church of Rome in their coronation For albeit K. Henrie the 2. in his sorrowfull epistle before mentioned to Pope Alexander the 3. when he was in his greatest affliction wrote as Petrus Blesensis setteth it downe who was his secretarie Vestrae Iurisdictionis est Regnum Augliae quantem ad seudatorij iuris obligationem vobis duntaxat obnoxius teneor astringor The Kingdome of England is of your iurisdiction and to you onlie am I bound as subiect for so much as appertaineth to the obligation of feudatorie right yet is this by most men vnderstood to be meant by that King either in respect of that ancient voluntarie tribute before mentioned of Peter-pence or els of some particular agreement made between the said Pope Alexander and him vpon the controuersie about the death of S. Thomas of Canterbury 4. But we read no such thing continued by his sonnes after him vntill K. Iohn vpon the occasions before specified made this new couenant as hath byn declared Which yet afterward vpon the yeare of Christ 1245. and 29. of this Kings raigne when a Generall Councell was gathered by Pope Innocentius the 4. at Liâ—â— in France VValsingham writeth that foure noble men togeather with the Kings aduocate or attorney VVilliam Powycke were sent by the King common coÌ„sent of the Realme to the said Councell and Pope to contradict the said ordination and concession of K. Iohn as a thing that he could not doe without the consent of his whole Realme for many reasons which they alleadged And so we se that in this very contradiction what respect they bare â—oth to that Councell and head therof Innocentius the 4. to whose iudgmeÌ„t they were content to remit the matter And the Popes answere was saith VValsingham Remindigere mâ—râ—sa deliberatione that the thing required a long deliberation and so left the matter in suspence for that time 5. But to returne to this yonge King againe who being first as hath byn said vnder the Gouernment of the Popes Legat the Earle of Pen-broke high Marshall of England and after his death which was vpon the 4. yeare of the said Kings raigne the Legats departure he was wholy vnder the gouernment of Peter Bishop of VVinchester vntill the yeare of Christ 12â—3 and y. of his raigne at what tyme being 17. yeares old and feeling in himself a great desire to gouerne as young Princes are wont to doe thought to obtaine the same by the Popes authority and so sent priuie messengers to Rome to Pope Honorius the 3. saith Mathew Paris and requested at his hands for many reasons that he might be declared able to gouerne of himself togeather with his counsell and to receiue into his hands all those castles lands which diuers of his Barons did hold in his name from the tyme of his Fathers death Which thing was graunted him and the Popes Bull sent to the Archbishops Bishops Barons about the same with authority and commaundement to compell them by Censures to doe the same if any should refuse 6. And two yeares after this againe when he was 19. yeares old he calling a Parlament did decree and publish the famous great Charter called Magna Chaerta for the priuiledges of the Church as also the Charter of Forrests for the nobility and common people and many other things did happen in this time of his youth and non-age which doe euidently declare his dutifull respect vnto Ecclesiasticall power and especially to that of the Sea Apostolike not assuming to himself any peece or parcell therof And this might we easily declare by many examples wherin he proceeded as he was taught both by the presidence of his auncestors and by the common induction of religion and practice of all Christian Princes in those dayes and this as well after he came to full age as before and so continued vnto his dying day 7. And for that this mans raigne was large and of many years as hath byn said and if I should stand vpon particular proofes and examples of his acknowledgement of the supreme authority of the Sea of Rome and practice therof in all occasions it would be ouerlong and tedious therfore it shall be sufficient
Church-causes wherof M. Attorney as before you haue seen setteth downe a longe catalogue of such causes as cannot be iudged by the temporal law but must necessarily be remitted to spirituall Courts all these things I say matters and affaires were left as fully and wholy in the hands of the Bishops and English-Clergy with their subordination to their head the Pope by this K. Henry as by any of his predecessours or successours without the intermedling of any secular man therin as iudge or hauing authority Ecclesiasticall as of him self but only by way of intercession And this may be proued by infinite examples but none more apparant then by the practice of elections and promotions of Ecclesiasticall persons wherin though since that time by agreement of the Sea Apostolike Catholike temporall Princes haue for the most parte denomination and presentation yet then they had notâ— but that all elections were free to the Chapters of Churches and monasteries the confirmation commonly was sought at Rome and the King had no more parte therin but only that the said elections must be made by his leaue so presented to the Pope for confirmation 15. And of this other like matters we might giue examples without end for that euery day they fell out As for example vpon the yeare 1226. which was the tenth yeare of K. Henries raigne the Bishop of Durham Richard being dead the K. endeauoured greatly to bring in a certaine chaplaine of his named Luke into that dignity delt earnestly with the Prior CoueÌ„t of that Câ—â—rch to whom the election belonged to further the same But they holding the man vnworthy saith Mathew Paris for so great a dignity chose a learned and vertuous Priest that was Archdeacon of VVorcester named VVilliam Scot praying the King to be content therewith and so sent him to Rome to be confirmed by Pope Honorius the 3. But K. Henry being offended therewith sent the Bishop of Chichester with another Prior for his Embassadours to Rome to contradict the said election and thereby hâ—ld it in suspension for two years vntill Pope Honorius being dead and Gregory the 9. succeeding in his place he did reiect both the one and the other before named and translated vnto Durham Richard Bishop of Salisbury And the same yeare determined also that great controuersie saith our Author that had lasted diuers years between the Prior and Couent of the Monks of Couentry and the Deane and Chapter of the Chanons of Lichfield which of them should choose their Bishop and the said Popes determination was that one parte should choose him one tyme and the other the other but yet so as the Prior of Couentry should alwayes haue the first voice in both elections neither did the King contradict this ordination 16. Moreouer in this verie same yeare of 1228 died Cardinall Stephen Langhton Archbishop of Canterbury with whome and against whom K. Iohn moued so great troubles as before you haue heard who being dead and the monkes according to order hauing obtained licence of the King to make their election of a new they chose a monke of their owne called VValter Hemesham but the King after some deliberation not liking of him began to laie diuers obiections against him as may bee seen in our Author that liued in those daies But hee appealing to the Pope went to Rome whervpon the King setting downe his obiections in writing sent the Bishops of Rochester and Chester togeather with the Archdeacon of Bedford for his Embassadours to contradict the same also whome Pope Gregorie hauing heard and considered for diuers moneths togeather gaue sentence the next yeare after against him and at the instance both of the King Suffragan Bishops of Canterbury elected of himself into that dignitie one Richard that was Chauncellour of the Bishoâ— of Lincolne Virum eminentis scientiae literatura conuersationis â—â— nestae saith our Author A man of eminent knowledg and learning and honest conuersation though he doe add this that to obtaine this election of the Pope to reiect the othâ—â— the said Kings messengers offered that his maiesty the Realme should be coÌ„tent to graunt to his Holines a tenth ouer all England for his warrs against Fredericke the Emperour But howsoeuer that was this proueth euidently the acknowledgment of his supreme Ecclesiasticall authority ouâ—r England by this King as doe infinite other things which are ouer many to be recouÌ„ted in this place 17. For first this verie Archbishop Richard being procured as you haue seen with such diligence by the King three years after his election to witt vpon the yeare of Christ 1231. when the King in a Parlament holden at VVestminster exacted as well of the Clergie as of the laitie a certaine payment or contribution of money called Scutagium not accustomed to be paied before the said Archbishop with his Bishops audacter resistentes dixerunt quod non tenerentur viri Ecclesiastici iudicio subijci laicorum boldlie resisting said vnto the King that Clergie-men were not bouÌ„d to be vnder the iudgment of Lai-men in the Parlament And moreouer the said Archbishop going priuatelie afterward to the King complained much of his high Iusticer Hubert de Burgo Earle of Kent for detaining certaine lands belonging to the Sea of Canterbury and a little after not receauing satisfaction from the King he pronounced excommunication against the said Hubert and other detainers and all that should keepe them companie except onlie the King himself and hauing done this he appealed to Rome and went thither himself Against whome the King sent one Roger de Cantelù and diuers other learned men for his procurators whome Pope Gregorie the nynth hauing heard gaue sentence for the said Archbishop Richard against the King Proposuerunt autem in contrarium Clerici Regis saith Matthew Paris pro ipso Rege Iusticiario multa inaniter allegantes sed parum vel nihil profecerunt quia causa Archiepiscopi iusta erat fauorabilis The Kings Clarks and Procurators proposed manie thinges to the contrarie in fauour of the King and his Iusticer but of no moment and consequentlie they profited little or nothing with the Pope for that the Archbishops cause was both iust and fauourable See heer againe the Popes authoritie in practice 18. And when this good Archbishop Richard dying in his way homeward left the Church void againe of a Pastor the Prior and Couent of Canterbury chose for Archbishop one Raph Neâ—il Bishop of Chester and Cauncelour of the Realme wherat the King being verie glad sent his messengers togeather with the partie chosen and the monkes that accompanied him to Rome for his confirmation But Pope Gregorie vpon the information of one Simon de Langituna to whom the examination of the person was committed did refuse him as an vnlearned man and a Courtyer and vnapt to preach or teach but indeed as some suspected least being a great lawyer and of much authoritie
bestowing of Ecclesiasticall benefices 〈◊〉 inuiolate and that such as are Patrons of benefices may present fit men of your nation when they shall fall void c. 23. But yet the next yeare after the King calling a generall Parlament at London and the former greiuances not seeming to be sufficiently remedied by the said recourse to the Councell answers and promises of the Pope the same complaints were renewed againe with greater exasperation then before and the said greiuances put downe in writing All which being considered and weighed by the Parlament Vnanimiter consenserâ—â—t omnes saith Mathew Paris vt adhuc ob reuerentiam Sediâ— Apostolicae Domino Papae humiliter deuotè tam per Epistolas quam per solennes Nunciâ—s supplicarent vt tam intollerabilia grauamina iugum subtraheret importabile The whole Parlament did agree that yet once more for reuerence of the Sea Apostolike humble and deuout supplication should be made to the Pope both by their letters and solemne messengers that he would take from them the intollerable greiuances and importable yoke which by the foresaid abuses they felt to ly vpon them And so presently were written letters seuerally to be sent by the said messengers Frist by the Archbishops and Bishops Secondly by the Abbots Priors religious men Thirdly by the Earls Barons and communitie of the Parlament Fourthly by the King himself who wrote not only to the Pope as the rest did but a seueral letter also to the Cardinals to further the suite which letters are set downe by Mathew Paris at length and are to long for this place 24 Yet one thing I cannot omit that wheras the King wrote most deuoutly humbly both to the Pope Cardinals saying that he did make recourse in these complaints of his nobility and subiects to the Church of Rome Vt filius ad matrem quem suis lactavit vberibus as a sonne to his mother whome she hath nourished with her teates of mylke The said Barons though oftentimes repeating the words implorantes humiliter ac deuotè we beseeching you humbly and deuoutly vt dignemini miscricorditer exaudire that you wil vouchsafe mercifully to heare vs Yet adioyned they also this threat in the end that except they were eased of these burthens laid vpon them the Realme and their King they should be forced to put themselues as a wall for defence of the liberties of the said Kingdome which hitherto for reuerence of the Sea Apostolike they had differred to doe nor could expect any longer then the returne of their Embassadours So they 25. And by this we may se where the beginning was of those restraints which afterward in the dayes of other ensuing Kings were made against prouisions from Rome and benefices to be giuen to strangers as also against appeals in certaine cases other such like ordinances which seeme to containe some restraint of the execution of the Popes Ecclesiasticall authority in England Which did not rise as you see vpon any change of former faith or iudgement in religion or calling in question the said Popes spirituall iurisdiction ouer soules but only vpon temporall respects reasons of state and the like which concerned nothing at all faith or beleife or substance of religion And this one only consideration ouerthroweth all the poore obiections which M. Attorney hath picked out vnder the raigne of this other Kings that follow which now we shall take in hand to examine and discusse euery one as they come in their place Two instances alleadged out of the Raigne of this King Henry the third and of what weight they be §. I. 26. And first what doe you thinke M. Attorney bringeth out of this Kings raigne or can bring to ouerthrow all that we haue alleadged before in the same Kings life beleife gouernment and actions Doth he alleadge any one Law or Statute of his for that he was the father and founder of our Statute-lawes as he confesseth doth he produce any one decree wherby he declared that he thought himself to haue supreme spirituall authority or denyed or called in question that of the Sea Apostolike notwithstanding all the greiuances which before haue byn mentioned No truly no one word is alleadged therof though otherwise as I said this K. Henry made many Statutes at sundry Parlaments as for example vpon the 9. yeare of his raigne he made the famous Charter wherof we haue spoken before called Magna Charta containing 37. Chapters which may in effect be called so many different Statutes The first wherof beginneth thus VVe haue graunted to God and by this our present Charter haue confirmed for vs and for our heirs for euermore that the Church of England shall be free and shall haue all her holy rites and libertyes inuiolable So 〈◊〉 first and most ancient Statute and the cheifest liberty of the Church of England is vnderstood to haue byn their free dependance of the Sea Apostolike and their recourse therevnto without interruption or intermedling of any secular power in their Ecclesiasticall affaires 27. Besides this there was made by him in the same 9. yeare of his raigne the other notorious Charter named Charta de Foresta coÌ„taining 16. Chapters or brauÌ„ches as also the other named Merton vpon the 20. yeare of the said Kings raigne that hath six seuerall braunches or Statutes as diuers others also made vpon the 51. year of the said Kings raigne intituled vnder diuers particular titles as Dies communes in Banco Dies communes in dote Districtâ—â—â— Scaeccariae Iudicium Collistrigij de compositione mensurarum and the like And finally the other booke of Statutes made vpon 52. yeare called Marle-bridge containing 16. braunches or statutes In all which no one thing is found in fauour of M. Attorney or his assertion but many for vs if we would examine the partes and clauses of euery one For that the religion of England in that tyme being perfectly Catholike and agreeing in all things with it self with other Kingdomes of the world in one manner of beliefe and acknowledgement of the dependance of Spirituall and Ecclesiasticall power from the Sea Apostolike they could not make lawes for ordering their temporall affaires but must needs enterlace many things that did testifie the conformitie and subordination therof to the spirituall And if any temporall lawyer in England at this day though of far inferiour account and place to M. Attorney would take vpon him to write a booke alleadge all the lawes both common and statute and braunches therof that doe confirme allow or strengthen the Catholike Religion from most auncient tymes wherin any memory is of our lawes he might so far ouerbeare M. Attorney both in bulke and substance and truth of his allegations as S. Augustines volumes for example doe exceed in all these points Esops fables And this will you see in parte by that which we are now first to examine in this place I meane his first obiection set downe
our whole former discourse you haue seen 33. But now let vs contemplate a little the last conclusion of M. Attorney vpon this narration Now to commaund saith he and to be obayed belongeth to soueraigne and supreme gouernement which we deny not in the sense wherin it may be true that is to commaund and to be obaied in temporall matters belongeth to soueraignty in that kinde and to commaund and be obaied in spirituall matters belongeth to soueraignty in those affaires wherof you haue heard many examples concerning the Sea of Rome before alleadged But for the King and his temporall officers to demaund a certificate from the Bishops Court for the Statute vsed not the word of cōmaunding or obaying to let them know thereby what the Bishops sentence and iudgement is to the end they may frame theirs accordingly this by M. Attorneys leaue is no commaunding in the iurisdiction it self of spirituall affaires and consequently inferreth no Ecclesiasticall soueraignty And if he be not satisfied by that which we haue already alleadged out of the raigne of K. Henry the third of spirituall soueraignty acknowledged by him and all his Realme in the Sea of Rome but would see further some examples in particular of the same soueraignty or superiority at least vsed and practised by the Bishops of England towards the King himself and Realme in that kind let him consider these examples following besides the former 34. When K. Henry the third vpon the 16. yeare of his raigne falling out with Hubert de Burgo Earle of Kent that had byn his great fauourite high Iusticer for many former years cast him into prison and he escaping fled to a certaine Chappel for Sanctuary from whence the King had caused him to be drawne forth Roger Bishop of London for that it was in his Diocesse came vnto him and said that except he caused him to be restored to the place of Sanctuary againe Ipse omnes huius violentiae authores excommunicationis sententia innodaret He would bind all the authors of this violence vsed by the sentence of excōmunication And what followed of this Did the King deny his authority or say that he was not vnder his iurisdiction or that himself had supreme authority and iurisdiction ouer the Bishop in that case as he might haue done according to M. Attorneys assertiō No For the words of Mathew Paris immediately following are these Rex autem licet inuitus reatum suum intelligens remisit Hubertum ad Capellain vbi captus suerit à militibus armatis restituitur ab ijsdem quint◠Calendas Octobris The King though against his will perceiuing his owne fault sent backe Earle Hubert to the Chappell againe where he was restored vpon the fifth day before the Calends of October by the same armed souldiars that had drawne him from thence And the same Author addeth that the Kings anger was so great as he commaunded the Earles of Hartford and Essex to set souldiars about the said Chappell that no meate might be giuen him vntill he rendred himself And not many dayes after this the said Earle Hubert being carried from that Chappel vpon composition vnto the castle of Vise in the Diocesse of Salisbury he by help of two souldiars that kept him escaping thence got into a Parish Church neer by out of which being taken by the Kings officers Robert Bishop of Salisbury excommunicated them altogeather with their aiders and defenders and then went to the King in companie of other Bishops to denounce vnto him the said sentence who after much resistance yeelded saith our Author Et in eadem Ecclesia concedente sed inuito Rege remissus est 15. Calend Nouemb. And so the said Earle Hubert was sent backe againe out of the said Castle vnto the Church the King yeelding thervnto though against his will vpon the 15. day before the Calends of Nouember in the yeare 1232. 35. The next yeare after this againe the forsaid Roger Bishop of London hauing been at Rome returned to Douer found there VValter Bishop of Carleile in his iourney towards Rome hauing appealed to the Pope against K. Henry for certaine iniuries offered him and to his Church as he pretended and albeit the King did not let or forbid his repaire to Rome yet shewing himself much displeased therewith his officers at the port handled him verie discourteouslie and denied him passage without the Kings licence which the said Bishop of London seeing excommunicated all the Kings officers that had parte in that violence and then going to Hereford where the King at that time lay with a great army to inuade VVales and taking certaine Bishops with him they tolde his Maiesty of the abuse committed Which when the K. seemed not to care for or not willing to redresse they renewed there againe in the Kings presence the sentence of excommunication against the said malefactors and all those that assisted or fauoured them Non mediocriter Rege murmurante saith our Author ne talem ferrent sententiam prohibente The King not a little repinning and forbidding them to pronounce any such sentence So as heere we see commaunding without obaying in spirituall matters meeteth with M. Attorneys conclusion that to commaunde and to bee obaied belongeth to soueraignty and supreme gouernement 36. And yet further the next yeare ensuing which was the 18. of K. Henries raigne the King being highlie offended with the Earle Marshall of England for entring into a certaine Castle of his owne by force Praecepit Episcopis cunctis vt Mariscallum nominatim excommunicarent Sed illi è contrae communiter dixerunt Indignum esse quia Castellum quod suum fuit occupauit The King commaunded all the Bishops being gathered togeather in Parlament to excommunicate by name the Earle Marshall But they answered him with one voice to the contrarie that hee deserued it not for so much as he had taken but his owne Castle And heere againe we see cōmaunding without obaying in spiritual affaires And if the King had thought himself to be supreme in Ecclesiasticall authoritie he might haue excommunicated the Marshall himself without depending of his Bishops 37. And a few dayes after this againe vpon the yeare 1234. the holy man Edmund that afterward was canonized for a Saint being consecrated Archbishop of Canterbury at which consecration the King himself was present with his nobility and 13. Bishops as our Author recounteth the said Archbishop after his consecration consulting with the said Bishops nobility about the pittifull State of the Realme deuided in it self by the Kings euill gouernment that followed the counsaile of Pictauians and other strangers the said Archbishop went to the King laid the inconueniences before him humbly besought him to take the true remedy which was to dismisse those strangers and if he would not he should be forced to vse Ecclesiasticall Censures against them Et ipse in cōtinenti cum omnibus qui aderant Praelatis in
pro eius anima deprecetur that such as passed by seing that crosse might pray for her soule And moreouer in particuler Stow out of auncient recordes doth affirme the said King to haue bestowed two mannors and nyne hamlets of land vpon the monastery of VVestminster for the keeping of yearely obits for the said Queene and for money to be giuen to the poore in almes 7. I leaue to speake of many other such actions of his as that he procured amongst other things the solemne most honourable translations of the bodyes of three English saints in his dayes S. Richard Bishop of Chichester S. Hugh Bishop of Lincolne and S. VVilliam Archbishop of Yorke He consented also and concurred that Q Eleanor his mother should leaue her Princely state and dignity and to be veyled Nunne in the Monastery of Almesbury and enioy her dowry which was great that she had in England all dayes of her life which was also confirmed to her by the Popes authority saith Mathew VVestminster yea and soone after he consented in like manner that his owne dearest daughter the Lady Mary also to whom he had designed a great and high state by marriage should follow the like profession of religions life in the same monastery though in this later he had much more difficulty to wynne himself to consent thervnto then in the former 8. And finally this other act also may be added for a full complement of his piety when he was in good tune which is recorded by the said Mathew of VVestminster that liued at the same time and perhaps was present that in the yeare of Christ 1297. which was the tenth before he dyed being to passe ouer the seas towards his warrs and hauing extremely vexed his people both spiritualty and temporalty with heauy exactions for the same and in particular broken grieuously with Robert VVinchelsey Archbishop of Canterbury he being now ready to departe called all the people togeather vpon the 13. of Iuly before the great hall of VVestminster and there standing vp vpon a certayne scaffolde of timber the said Archbishop of Canterbury newly reconciled vnto him remaining on the one side and the Earle of VVarwicke on the other and his little Prince Edward before him Erumpentibus lachrymis saith our Author veniam de commissis humiliter postulauit c. the teares breaking forth he did most humbly aske forgiuenes of his subiects for all that he had committed against them confessing that he had not gouerned them so well and quietly as became a King to doe but had taken their goods from them c. Adding further and saying Beholde I go now to expose my self and my life to danger for you wherefore I aske at your hands that if I returne againe you will receaue me in the place that now you hold me and I shall restore vnto you againe all that I haue taken from you and if I returne not then take this my childe and crowne him for your King Whervnto the Archbishop weeping abundantly answered that it should be so and the people with crying out and casting vp their armes promised fidelity and obedience vnto his ordination So Mathew VVestminster And this for his piety 9. But of the other point of his peremptory and violent proceeding diuers times with his subiects there want not also many examples especially in exacting often and great subsidies at their hands for his warrs of France Scotland and VVales wherin he was continually imployed was the first King in deed that euer brought VVales to be wholy subiect to England Lecline the last Prince therof being taken and slaine and his brother Dauid likewise apprehended and put to death in London by the same K. Edward 10. Alexander also King of Scotland being deceased and all his issue extinguished K. Edward as chiefe Lord tooke vpon him to decide that controuersie for the succession and in the end determined the matter in fauour of Iohn Baliol Earle of Galloway against Robert Bruse Earle of Valenand that pretended the same And albeit the whole nobility and people of Scotland bound themselues by obligation which our historyes doe set downe to stand to the iudgement of the said K. Edward yet in the end they would not but assisted the said Bruse made recourse to Pope Boniface the 8. to prohibite K. Edward to proceed in that matter and to commaund him to surcease from his warrs against Scotland which they pretended to be in the protection of the Sea of Rome and finally after much bloudshed and infinite expences both in this Kings tyme and his successours the of-spring of Bruse preuayled in that Countrey 11. But now as I said in respect of these warrs and many necessityes theron depending K. Edward was forced greatly to presse his people with exactions and to make them forfaite and buy againe their libertyes especially that of Magna charta and of the Charter of Forrest which as voluntarily he set forth and published in the beginning of his raigne as you haue heard so afterward the same not being obserued vpon instant suites of his people and nobility and contributions graunted him for the renouation therof he confirmed it two or three tymes in his life as often reuoked the same againe vntill he had more money And last of all in the yeare 1307. which was the last of his raigne he sued to the Pope for a dispensation of his oath made in that behalfe to keepe the said Charters priuiledges affirming them to be made against his wil by force of his peoples importunity 12. We reade also that in the yeare 1278. and sixt of his raigne he did depriue many famous Monasteryes saith Mathew of VVestminster of their auncient accustomed libertyes namely among others the Monastery of VVestminster wherin he had receaued saith he both baptisme confirmation and coronation and wherin his Fathers and other his auncestours bodyes lay And moreouer in the yeare 1295. he vsed great violence to all Monkes and religious men that were strangers and had their Monasteryes buylded by straungers in England for he tooke their Monasteries and goods from them allowing only to euery Monke 18. pence a weeke for his mayntenaunce for a tyme the next yeare after he commaunded vpon the suddaine all the Monasteryes of England to be searched and all their treasure to be taken violently and to be brought to London to his Exchequer for the charges of his said warrs And two yeares after this againe the same King holding his Parlament at S. Edmunds-bury and demaunding a great contribution of his people the Clergy denyed it pretending a new commaundement and constitution lately made by Pope Bonifacius the eight wherby he did forbid vnder paine of excommunication that any such exactions should be paid by Ecclesiasticall men without consent of the Sea Apostolicke wherat King Edward being offended though he would not contradicte the said constitution yet he
excluded the Clergy that refused to pay from his protection and from the protection of the lawes whereby they being abandoned and exposed to all iniuryes the most of them fell to composition with the King so bought out and purchased their protection againe more deerer then they might haue continued the same by their contribution 13. And as for the Archbishop of Canterbury that stood constant amongst the rest in that denyall Omnia bona eius saith Mathew of VVestminster mobilia immobilia capta sunt in manu Regis All his goods both moueable vnmoueable were taken into the Kings hands And the same Authour doth recount infinite other intollerable vexations laid vpon them that would not agree to the Kings demaunds in those affaires which were accompanyed with such threates and terrors as the Deane of Paules in London named VVilliam Mont-fort comming one day before the King to speake for his Chanons was so terrifyed as he became mute and fell downe dead before him which yet saith out Author moued little the King but that he persisted in his demaundes And one day sending a knight named Syr George Hauering to the Monastery of VVestminster when all the Monkes were there gathered togeather in their Refectory or dyning-place the said knight proposed in the Kings name that they would graunt him halfe their reuenewes for his warrs and if any wil deny this demaund saith he let him stand vp shew himself that he may be handled as one guilty of breaking the Kings peace Whervpon all yeelded saith Mathew of VVestminster and no man would after with so great daunger contradicte the Kings will And thus much of his violent maÌ„ner of proceeding with the Church and Clergy wherevnto I might adioyne many other things as his dryuing out of the Realme the forsaid Robert Archbishop of Canterbury his Statutes made in the last Parlament at Carleile the same yeare he dyed in preiudice of Holy Churches liberty which were the first that are read to haue bin made in that kind and consequently are thought to haue byn a great cause of all the miseryes and calamityes that fell vpon his posterity as after you shall heare 14. But yet all this doth not proue that King Edward denyed or doubted of the Popes spirituall power or tooke the same vpon himself which is M. Attorneys case and conclusion Nay rather they doe shew and proue his acknowledgement of the said authority if we consider them well though in certayne points that seemed to extend themselues to temporall affaires and might be preiudiciall vnto him he sought to decline and auoyde the execution therof But in things meerely spirituall he neuer shewed difficulty As for example that his Bishops and Archbishops went to Rome to receaue their confirmation and inuestitures there and sometymes were chosen also immediatly from thence as when in the yeare 1278. Robert Kilwarby Archbishop of Canterbury was made Cardinall by Pope Nicholas the third and the Monkes of Canterbury by request of the King had chosen his Chancellour the Pope would not admitt him but appointed an other to witt Iohn Peckam Prouinciall of the Franciscan friers in England who being admitted held the said Archbishopricke for 13. yeres vntill he dyed But as for confirmation and inuestitures no doubt can be made but all was to be had from Rome as expresly you may reade of the admission and consecration of VVilliam Archbishop of Yorke In Romana Curia coÌ„secratus saith VValsingam who was consecrated in the Court of Rome in this same yeare of 1278. by Pope Martyn the fourth that succeeded to Nicolas And the same Author affirmeth that the foresaid Iohn Peckam Archbishop of Canterbury being also consecrated in Rome did some two yeares after call a Councell at Reading commaunding all his Suffragan Bishopps to obserue exactly the decrees of the late generall Councell held at Lyons by Pope Gregory the tenth nor did King Edward mislike or repine any thing at this as neither he did at another Councell called by the same Archbishop Peckam in the yeare 1281. wherin he endeauored to force all Abbots and other exempted persons to come to the said Councell but saith Mathew VVestminster the Abbotts of VVestminsters S. Edmonds-Bury S. Albanes and of VValtham appealed from him to the Pope without any mention of the King which had beene iniurious vnto him if he had taken himself to haue had authority and that supreme in Ecclesiasticall affaires 15. Furthermore in the yeare of Christ 1295. being the 22. of King Edwardes raigne when the foresaid Robert VVinchelsey was first chosen Archbishop of Canterbury the sayd King sent him to Rome to be confirmed and consecrated by Pope Celestinus the fifth which soone after gaue ouer the popedome to Bonifacius the eight And three yeares after that againe to wit 1298. the Bishopricke of Ely being voyde and the greater parte of the Monkes hauing chosen the Prior of their Couent for Bishop the other party chose Iohn Langhton the Kings Chancellour who going to Rome by the Kings fauour coÌ„mendatioÌ„ to pleade his cause before Pope Boniface could not preuaile nor yet the Prior but that the said Pope gaue the Bishopricke of Ely to the Bishop of Norwich and the Bishopricke of Norwich to the Prior and the Arch-deaconry of Canterbury to the Kings Chancellour 16. Moreouer in the yeare 1305. when Pope Clement the fifth a French-man borne in the Diocese of Burdeaux was made Pope and came into France in person first of all others translating the Sea of Rome to Auinion where it continued seauenty yeares King Edward sent Embassadours vnto him the Bishops of Lichfield and VVorcester togeather with the Earle of Lincolne presenting vnto him Singula vtensiliae saith Mathew of VVestminster quibus ministraretur ei in Camera in mensa omnia ex auro purissimo All necessary plate for the seruice of his chamber and table of most pure gold And at the same time he sent two new Bishops elected for Yorke and London to be confirmed by him Quos dimisit ad propria consâ—â—â—â—â—tos saith our Authour whome the said Pope Clement sent home againe with their confirmation And finally when not long after the King fell out with the forsaid Archbishop of Canterbury Robert VVinchelsey for that he had shewed himself againe not so forward to follow his will in all things Dictum Robertum Cantuariensem saith VValsingham apud Dominum Papam accusauit Rex Anglia The King of England did accuse the said Robert Archbishop of Canterbury vnto Pope Clement the fifth that he was combyned with his enemyes c. for the which the said Archbishop was cited to appeare before the Pope and suspended from the execution of his office quousque de sibi impositis legitimè se purgaret vntill he should lawfully purge himselfe of the imputations layd against him by the King Whereby we see what authority this King did acknowledge to be in the Pope and Sea of Rome 17.
We read also that when in the yeare 1299. King Edward was passed ouer with a great army into Flanders and did destroy that Countrey by fire and sword Pope Boniface sent two Cardinall-Legates to entreat him that he would be content to make truce for two yeares to the intent that peace in the meane time might be concluded adding further-more saith our Author paenam excommunicationis interdicti terrarum suarum the payne of excommunication and Interdict of his countreys if he yeelded not therevnto Sed Rex perpendens c. consensit in treguas indictas saith he the King considering well all circumstances c. did consent vnto the truce appointed by the Pope And wheras the next yeare after by other messengers sent vnto him in Canterb. the said Pope Boniface desired him to put at liberty Iohn King of Scotland which he had in hold assuring him that the King of England should leâ—se nothing by this Eorum petitioni Rex condescendens respondit se ipsum loannem tanquam seductorem falsum periurum ad Papam missurum The King condescending to their petition made answere that he would send the said Iohn as a false periured deceauer vnto the Pope to be punished by him And so he did and they caried him into France with them 18. And when afterward in the yeare 1301. King Edward was busily attent to his warrs in Scotland and Pope Boniface enformed by the grieuous complaints of the Scottish-men that K. Edward did them iniury wrote and gaue in commission to the Archbishop of Canterbury by an expresse messenger named Humbert to goe vnto the King and will him to desiste and to remit the iustice of the matter to be examined and tryed by the Sea Apostolicke anyd though the said King for the present tooke the matter very grieuously and sware that he would prosecute his said enterprize to the vttermost yet a little while after in the same yeare he sent the Earle of Lincolne and Syr Hugh Spencer to the said Sea Apostolicke to shew the right of his cause and what iniuries he had receaued at the Scots hands Iusuper Dominum Papam deprecarentur ne mendacij fabricatoribus sinum aperiret And that moreouer they should beseech the Pope that he would not open his bosome of beliefe vnto the Scottish-men that deuised lyes wherevnto the Pope hearkening wished notwithstanding that the King for his cause would giue the truce for a tyme by him assigned wherevnto the King yeelded 19. And when in the yeare following the said Pope Bonifacius vpon instance of the said Scottish-men wrote more earnestly to K. Edward in this affayre alleadging that Scotland was in the protection of the Sea Apostolicke yea and that it apperteyned also to the temporal right of the Church by submission belike of the Prince and inhabitants thereof at that tyme made the King gathering a Parlament at Lincolne determined therin first to write himself to the Pope about this matter and then that the lay-nobility and people should write another letter somewhat more earnestly to the same effect The Kings letter began thus Sanctissimo in Christo Patri Domino Bonifacio diuina prouidentia Sancta Romanae vniuersalis Ecclesiae summo Pontifici Edwardus Dei gratia Rex Angliae salutem deuota pedum oscula beatorum To the most holy father in Christ Boniface by Gods prouidence supreme Bishop of the holy Romane and vniuersall Church Edward by the grace of God King of England sendeth greeting and the deuout kissing of his blessed feete By which title we may see in what estimation he held the Pope at that day albeit in that letter he doth protest that he doth not send this his iustification for his pretence to Scotland in forme of iudgement to haue it tryed by the Sea Apostolicke as making any doubte therof but only to enforme his Holines conscience which he doth very largely beginning from the comming of Brutus himself into England yet doth he conclude beseeching him not to beleeue the informations of his aduersaryes and emulators Sed Statum nostrum iura nostra Regia supradicta habere velitis si placet paternis affectibus commendata That it may please you to haue our State and Kingly right before laid downe recommended to your fatherly affection 20. But the Earles and Barons and lay nobility of the land that wrote a seuerall letter to the Pope as before hath byn said were more earnest in defence of the Kings title saying Manu tenebimus cum toto posse totisque viribus c. We will hold and defend the same with all our power and forces nor will we permit our King though he would to leaue of this title Quocirca Sanctitati Vestrae reuerenter humiliter supplicamus c. Wherefore we doe reuerently and humbly make supplication to your Holines that you will defend our said King that is a deuout sonne of the Catholicke Romane Church as also his rightes libertyes customes and lawes and permit him to continew therin without diminution or molestation c. Giuen at Lincolne 1301. 21. And by all this now we may perceaue the state of things in our countrey at that time as also the sense and iudgement of K. Edward and his realme about this our controuersie of spiritual and Ecclesiasticall authority And that if this King did vse sometymes some rigorous dealing towards the Clergy it was not for that he doubted of their spirituall authority or esteemed the same to be in himself but partly vpon his forsaid necessity of warre and partly for the emulation conceaued against them by the laity for their wealth and other such causes And as for the lawes which he made in their preiudice as that of Mort-main wherby is prohibited that any thing shall passe ad manum mortuam that is to say to any of their communityes that pay not tribute to the King without the Kings speciall licence some other lawes in like manner for restraint as it seemed of their externall iurisdiction in certaine affaires it proceeded of the same emulation and complaints of the subiects begun in the time of King Henry the third as you haue heard and continued in this mans dayes as also in the dayes of diuers of his succesors But this is nothing to our question in hand though M. Attorney hath nothing else but such matter as this as presently you shall see for now shall we passe to his obiections vnder this King which are foure of very small moment as by handling will appeare The Attorney In the raigne of K. Edward the first a subiect brought in a Bull of excommunication against another subiect of this Realme and published it to the Lord Treasurer of England and â—his was by the auncient common-law of England adiudged treason against the King his Crowne and dignity for the which the offender should haue byn drawne and hanged but at the great instance of the
lost during his life which iudgement was before any Statute or Act of Parlament was made in that case And there it is said that for the like offence the Archbishop of Canterbury had byn in worse case by the iudgement of the Sages of the law then to be punished for a contempt if the King had not extended grace and fauour to him The Catholicke Deuine 26. Here againe is another case or two de facto wherof M. Attorney wil needs inferre de iure The Archbishop of Yorke his lands saith he were seased by the King and lost during his life for that he admitted not to a benefice within his Diocesse a Clerke presented by the King whereas the same benefice had an incumbent before put in by the Popes prouision according to the custome of those dayes which incumbent the said Archbishop pleaded that he could not put out and for this high contempt against the King his crowne and dignity in refusing to execute his soueraignes commaundement saith M. Attorney by iudgement of the Common-law he lost the landes of his whole Bishopricke But here I would aske M. Attorney what high contempt could this be against the King his crowne and dignity if the Archbishop pleaded that he could not doe it eyther in right or in power Not in right for that nothing was more receaued at that tyme in England then for the Bishop of Rome to prouide certayne benefices in England and not only benefices but also Bishopricks and Archbishopricks as before in the life of this King and his ancestours hath byn declared And as for power no maruaile if the Archbishop durst not vse violence in those dayes against the Popes prouisions wherby he might incurre excommunication for so much as the King himself so greatly respected the same and made such diligent premunition least my such excommunication should come against him as in the answere to the former instance hath byn declared 17. And besides this if the Archbishop did put the matter in plea to be trayed and to the Kings writt of Quare non admisit did yeelde so reasonable a cause as is here touched that the King himself had admitted diuers Bishops and Archbishops by like prouision of Popes how and with what reason can M. Attorney call this answere of the Archbishop so high a contempt against the King his crowne and dignitie Or how could the Common-law condemne the same with so great a punishment And still I must demaund what is this Common-law by whome was it made how came it in where is it founded either in reason vse consent of the people or authority of law-giuers For if it consist in none of these but only in the particular will and iudgement of the Prince himself neuer so passionate and in the approbation execution of these Sages which here M. Attorney mentioneth then any thing that displeased the said Prince may be called high contempt against his person crowne and dignity And so may be iustified all the most passionate actions not only of this King Edward before recited but of all other Kings whosoeuer And by the same meanes M. Attorney maketh his auncient Cōmon-law which often he calleth our birth-right and best birth-right to be nothing else in effect but the Princes pleasure frō time to time and the execution of his Sages which commonly in those auncient times for I will speake nothing of our dayes were to wise and Sage to withstand the Princes will in any thing 28. Sure I am that in this particular fact of seasing Bishops lands and temporalityes vpon any offence or displeasure taken by the King as it hath byn vsed by some English Princes in their anger so hath it bin condemned also in diuers Parlaments lawes and Statutes as in the first yeare of King Edward the third where it is thus expressed Because before this time in the time of King Edward Father to the King that now is he by euill Counsellours caused to be seased into his handes the temporalty of diuers Bishoppes with their goods and cattell c. The King willeth and graunteth that from hence forth it be not done c. And againe in the 14. yeare of the same raigne VVe will and graunt for vs and for our heires that from henceforth we shall not take nor doe to be taken into our handes the temporalities of Archbishops Bishops Abbot c. without a true and iust cause according to the law of the land c. 29. And to the end that M. Attorney may not say that this case of his is excepted it followeth in an other Statute in the 25. yeare of the same King saying VVhereas the temporalities of Archbishops and Bishops haue beene oftentimes taken into the Kings hand for contempt done to him vpon writts of Quare non admisit and for diuers other causes c. The King willeth and graunteth in the said Parlament that all Iustices shall from henceforth receaue for the contempt so iudged reasonable fyne of the party so condemned according to the quantity of the trespasse and after the quality of the contempt c. Which last words may be thought to be added for that the King had right to present to diuers benefices at that tyme as particular patrone therof ex iure patronatus for that the said benefices were fouuded or erected by himself or his auncestors and in those cases the Bishops not admitting such Clerkes as he presented might doe some iniury or trespasse against him and therin shew contempt worthy some fyne or for-faite which the law doth here appoint especially for so much as it is be ore recorded that Pope Innocentius the 4. presently vpon the first Councell of Lyons wrote as you haue heard in the life of K. Henry the third that he would not let by his prouision the right of any patrone in presenting to any benefice wherof he had the aduowson or Ius patronatus 30. And as for the other example alleadged heere by M. Attorney for strengthning his instance of the Archbishop of Canterbury saying that for the like offence the Archbishop of Canterbury had byn in worse case by the iudgement of the Sages of the law then to be punished for a contempte if the King had not extended grace and fauour to him If he vnderstand the displeasure taken against Archbishop VVinchelsey before mentioned by K. Edward for resisting his demaund of the one halfe of all Ecclesiasticall rents for which before we haue heard out of Mathew of VVestminster that all his lands and goods were seased into the Kings hands you haue heard also how the same King afterward repented both that and other like facts of his and asked pardon publikly with teares But if he meane the other offence againe after this when he accused the said Archbishop VVinchelsey to the Pope and caused him to be called to Rome and to be suspended from his office as before we haue declared then doth this
ijs iustitia sicut de Laicis M. Attorney to aggrauate the Kings accorde and declaration ouer that of the generall Councell putterh it downe thus It is agreed and declared before the King and his Counsell that the same constitution shal be vnderstood in this wise Whereas the Latin speaketh in the present tense It is to be vnderstood nor hath it the words in this wise And where M. Attorney saith They shall not from hence forth be deliuered but iustice shall be executed vpon them as vpon other lay men those shalls b◠not in the Latin but rather that they may or must not be deliuered vnto Prelates but that iustice be done vpon them as vpon lay men So that herby you see the labour that M. Attorney taketh to draw a little water to his mill and yet that nothing commeth but puddle that driueth not but choaketh the same Let vs see his fourth instance whether it be of any more weight or moment than the rest The Attorney In an acte made at the Parlament holden at Carleile in the 25. yeare of the said King Edward the first It is declared that the holy Church of England was founded in the state of Prelacy within the Realme of England by the King and his progenitors c. For them to informe the people in the law of God and to keepe hospitality giue almes and doe other workes of charity c. And the said Kings in tymes past were wont to haue their aduise counsaile for the safe-guarde of the Realme when they had need of such Prelates and Clerkes so aduaunced The Bishop of Rome vsurping the signories of such benefices did giue graunt the same benefices to Aliens which did neuer dwell in England and to Cardinalls which might not dwell here c. in adnullation of the state of the holy Church of England desherison of the King Earles Barons and other nobles of the Realme and in offence and destruction of the lawes rights of this Realme and against the good disposition and will of the first founders It was enacted by the King by assent of all the Lords Communalty in full Parlament that the said oppressions grieuances and dammage in this Realme from thence forth should not be suffered as more at large appeareth by this Act. The Catholike Deuine 36. This Parlament of Carliele which M. Attorney ascribeth to the 25. yeare of King Edwardes raigne both in his latin and English columns I doe imagine to be an error in place of the 35. for that I fynde no Parlament held vpon the fiue and twentith in which yeare King Edward was partely in Scotland and partely in Flanders and there kept his Christmasse in the City of Gaunt But vpon the 35. yeare which was the last of King Edwardes raigne there was a Parlament helde at Carliel vpon the Octaues of S. Hilary In which Parlament there was such a declaration and complaint made as here it set downe that the Bishopricks and benefices being often giuen to strangers by the Popes prouisions who residing not in England nor keeping hospitality nor being able to preach or teach for that they wanted the English language the Church of England and poore people therof did suffer much inconuenience therby and for that the Bishopricks and Prelacyes of the said Church were founded ordinarily by Kings and Princes of the said land they said it was reason that they as Patrones should present English men to the same 37. And these complaints which now we haue heard began in diuerse former Kings dayes especially vnder King Henry the third and were continued vnder this man and his Successours but most of all vrged vnder King Edward the third and King Richard the second by whome greater restraints were made vntill the Sea Apostolicke and our Kings came to a certaine forme of agreement as in other countreys and Kingdomes also they did though in different sortes how benefices should be prouided to wit by election of the Deane Chapter in some and by Kings and Princes nominations in others as also by prouisions of Bishops in lesser preferments Wherein notwithstanding the said Sea Apostolicke retained diuers gifts to it self as in sundry countryes is seene at this day by vse and practice 38. Well then the States of England at this time said decreed that the abuses of bestowing English benefices vpon strangers were not to be suffered especially such as had byn newly brought in by one VVilliam Testaw sent thither out of France by Pope Clement the fifth for so testifyeth Mathew VVestminster that was then liuing whose words are these The King held a Parlament at Carliele wherein greater complains then euer before were made of the oppression of Churches and Monasteries and many extorsions vsed by one Maister VVilliam Testaw the Popes Clerke to whome commaundement was giuen by the assent of the Earles and Barons that he should not vse like extorsion for the tyme to come And moreouer it was ordeyned that for obteyning remedy certaine messengers there assigned should be sent to the Pope And the very self-same thing writeth Thomas VValsingam And this is all the remedy mentioned by these men to haue byn taken at that tyme to wit supplication to the Pope himself that he would put thervnto conuenient redresse which well declareth the respect borne to that Sea 39. And albeit this Statute here mentioned by M. Attorney may be supposed also to haue passed at that tyme yet may it appeare by the words of other Statutes after in the tyme of King Edward the third that the same was not put in vre vntill his dayes as in his life we shall shew more particularly And what maketh all this now for M. Attorney or what rather doth it not make against him For here the whole Parlament of Carliele acknowledginge the Popes spirituall authority as appeareth by their manner of writing vnto him complained of certaine abuses or excesses streching themselues in a certaine sorte as they pretended to temporall commodityes and sought remedy therof from himself And can any thing be more cleere against M. Attorney then this Surely at the barre he durst not for his credits sake pleade in this manner much lesse should he doe it in a booke wherin the speaches remaine longer to the view of the reader then doe fleeting words to the hearer at the barre But inough of this M. Attorney pleadeth well where he hath truth and substance for him in this cause both doe faile him and what then can he doe but cast shaddowes as here you see that he doth OF KING EDVVARD THE SECOND VVhich vvas the tenth King after the Conquest §. 11. 40. Much lesse is needfull to be said of this King then of the former both for that his raigne was shorter and much more troublesome in temporall affaires which gaue lesse place to spirituall and now also our Authors that were wonte to
notorious and might be declared by infinite examples that â— remained now as before vnder all other Catholicke Princes For among other points we reade that when in the yeare of Christ 1312. Robert VVinchelsey Archbishop of Canterbury dyed the Monkes of that place according to the custome chose by the liking and procuration of the King one Thomas Cobham a man of eminent learning and vertue who going to Auinion in France where Pope Clement the fifth lay at that tyme to receaue his confirmation and inuestiture as the manner was in those dayes the said Pope told him that long before in the other Archbishops life he had reserued the collation of that Archbishopricke to himself for that tyme and therevpon pronounced that election to be voyde adding further this coÌ„sideration that England being â—â— that day in great troubles and disgust for that many Lords Barons had shewed their mislike against the King and the King against them it was needfull to haue in that place of Canterbury a man of great credit and experience in such affaires and therefore named one VVilliam Reynoldes Bishop of VVorcester and Chancellour of the Realme at that day and presently sent him both his inuestiture and pall wherewith the King and Queene being greatly contented were present at his consecration and so he liued and gouerned 19. yeares after in that Sea with great commendation So as we see that the restraint of Papall prouisions made at Carliele vnder this mans father was not yet put in practice 46. And the like reseruatioÌ„ we read that Pope Iohn the 22. made of the Bishopricke of VVinchester afterward in the yeare 1320. and therby did disanull the election made by the Monkes of that place with consent of the King and placed another of his owne choice which the King also after some time admitted So as this was very ordinary in those dayes We reade likewise that in the yeare 1324. a Parlament being called at London and King Edward growing now by euill counsaile of the Spencers and others into great disorder he caused one Adam Bishop of Hereford that fauoured not his proceedings to be arrested of treason brought forth publickely to be tryed laying to his charge that he had â—â—ceaued and fauoured diuerse of those Barons which had taken armes against him But the forsaid Archbishop of Canterbury and his brethren Bishops seeing this disorder made first humble supplication to the King that he might be tryed according to his place degree and that not preuayling they required the same by law according to the liberties and priuiledges of the Church confirmed by Magna charta other lawes of the Realme Whervpon he was deliuered to the custody of the said Archbishop of Canterbury but afterward he being called for againe by the instigation of such as were his enemyes and carryed to the barre the said Archbishop of Canterbury and the other of Yorke with ten other Bishops went thither in iudiciall maÌ„ner with their crosses borne before them commaunding vnder paine of excommunication that no man should stay him or lay hands on him and so tooke him away to the Archbishops custody againe Whereby we may see in what vigour Ecclesiasticall power was at this day in England And albeit the King being in passion did storme greatly thereat and seased presently vpon all the said Bishops goods and lands as he had done vpon those of the Bishop of Lincolne and of others before yet could he not deny but that this was law iustice which the Bishops did according to the Ecclesiasticall priuiledges of the Realme whervnto the King himself and all his ancestours in their coronations had solemnely sworne For breaking wherof it may be presumed that so great a punishment fell vpon him as soone after ensued to the horror of the whole world by depriuation both of his Kingdome and life And so much of him Now let vs see what instance M. Attorney can draw from him to his purpose It is but one and thus it runneth in his owne words The Attorney 47. Albeit by the ordinance of Circumspectè agatis made in the 18. yere of Edward the first and by generall allowance and vsage the Ecclesiasticall Courtes held plea of tythes obuentions oblations mortuaries redemptions of pennaunce laying of violent handâ— vpon a Clerke defamations c. yet did not the Clergy thinke themselues assured nor quiet from prohibitions purchased by subiectes vntill that King Edward the second by his letters parents vnder the great seale in by consent of Parlament vpon the petitions of the Clergy had graunted vnto them to haue iurisdiction in these cases The King in a Parlament holden in the â— yeare of his raigne after particular answers made to their petitions concerning the matter aboue said doth graunt and giue his Royall assent in these words We desiring as much as of right we may to prouide for the state of the Church of England the tranquillity and quiet of the Prelates of the said Clergy to the honour of God and the amendment of the State of the said Church and of the Prelates and Clergy ratifying and approuing all and singular the said answers which appeare in the said act and all and singular things in the said answeres conteyned we doe for vs and our heires graunt and commaund that the same be inuiolably kept for euer willing and graunting for vs and our heires that the said Prelates and Clergy and their Successours for euer doe exercise Ecclesiasticall iurisdiction in the premisses according to the tenour of the said answere The Catholicke Deuine 48. If a man would aske M. Attorney in this place why he hath brought in this instance and what he would proue therby I thinke verily he would be much graueled in answering especially if we respecte his principall Conclusion that by this and like presidence Q. Elizabeth might take vpon her supreme authority Ecclesiasticall for that by this narration nothing else is declared but that a certaine abuse being crept in that when any externall matter seeming any way to belong to temporalityes was handled in Ecclesiasticall Courtes and by Ecclesiasticall Iudges the party that feared or suspected his owne cause would informe the Kings Courtes that the matter belonged to them and therevpon would get out a prohibition from the Chauncery to sursease in that cause vntill it were tryed to which Court it belonged By which deceytfull and malitions proceeding of some much trouble was procured and many causes rested indetermined both in the one and the other Courte for so saith the Statute it self made in the time of King Edward the first this mans Father in these words VVhereas Ecclesiasticall Iudges haue oftentymes surceased to proceed in cases moued before them by force of the Kings writ of prohibition c. to the great damage of many as the King hath byn aduertised by the grieuous complaints of his subiects c. For this cause many orders and Statutes were
made vnder all three Edwards for remedying of this abuse as for example vnder Edward the first the foresaid Statute hath this determination That the 〈◊〉 or chief Iustice of the King for the tyme being if they see that the case 〈◊〉 be redressed by any writ out of the Chauncery but that the spirituall 〈◊〉 ought to determine the matters that then they shall write to the Ecclesiasticall Iudges before whome the case was first moued to proceed therin notwithstanding the Kings prohibition vnto them before 49. And to like effect is this other ordination here mentioned by M. Attorney of Circumspectè agatis wherby is ordeyned that temporall Iudges shall vse themselues circumspectly in medling with causes that belong to spirituall courtes And to the same effect is this Statute here alleadged vnder King Edward the second as also this other set downe in these words They that purchase prohibition and attachement against the Ordinaryes of a thing that belongeth not to the lay Court shall yeeld damages to the Ordinaryes by the award of the Iustices And yet further to the same effect it was decreed by King Edward the third after this manner That no prohibition goe out of the Chauncery but in case where we haue the conusaunce and of right ought to haue 50. And finally to passe no further in this the Statute made in the 9. yeare of this King intituled Articuli Cleri Articles of the Clergy conteyning sixteene braunches doe apperteyne to this affaire to shew and declare what causes doe belong to the spirituall courte and what to the temporall and wherof both the one and the other may take conusaunce and consequently in what matters the Kings prohibition may goe forth or not all which is cleerly against M. Attorney his purpose For if the temporall Prince were properly head of the one and the other courte and fountaine both of the one and other lawe and iurisdiction this adoe needed not but that the King might indifferently dispose of all 51. But consider I pray you M. Attorneys note or commentary in the margent wherby he would seeme to answere our former demaund why he bringeth in this instance By these statutes saith he the iurisdiction of the Ecclesiasticall Courtes is allowed and warranted by consent of Parlament in all cases wherein they haue iurisdiction so as these lawes may be iustly called the Kings Ecclesiasticall lawes or the Ecclesiastical lawes of England So he And you will easily see herby how much he delighteth himself in this new witty inuention of his owne so often repeated by him wherby he would make the Popes Canon-lawes to be the King of Englands lawes for that they are admitted and obeyed in England â— of which sylly consequence I haue oftentymes made mention before shewing the weakenes and incongruity therof For that by this reason the self same Canon-lawes receaued admitted by all particular states of Christendome may be said to be the peculiar lawes of euery particular state And if this be a superiority as M. Attorney would inferre to admit and allow another Princes lawes then is euery particular state of Christendome aboue the Pope Generall Councells which made these lawes Wherfore as well in this as in all the rest we see the weakenes of M. Attorneys cause and so we shall passe to other Princes that doe follow leauing this disasterous K. Edward the second who soone after fell into a pitifull plight of calamity being depriued both of his Crowne and life for his ill gouernment and his young sonne placed in his roome as our historyes at large doe declare OF K. EDWARD THE THIRD And K. Richard the second his Nephevv and Successour And vvhat instances or arguments M. Attorney draweth from their two raignes which continued betweene them for seauenty yeares CHAP. XII THESE two are the Kings aboue all the rest from the beginning vnto K. Henry the 8. vnder whose gouernment M. Attorney gathereth and layeth togeather most obiections to proue the small respect they had or vsed in certaine cases and occasions and at some times towards the Sea Apostolicke and Ecclesiasticall power therof for that they made most restrictions by penall lawes and punishments against the practice and vse therof in certaine cases mixt as they presumed and conioyned with temporalityes or affaires of the State and so not meerly Ecclesiasticall 2. For albeit before this there had byn great murmurings and complaints as you haue seen from the tyme of K. Henry the 3. and his father King Iohn against some parte of the exercise of the Popes authority in bestowing benefices and Bishopricks vpon straÌ„gers as also of the often reseruing the collations of the cheife to himself and his Court of demaunding and graunting tithes contributions vpon the English Clergy as well for his owne as other publike necessityes yet find we not hitherto any expresse penall law put in vre and practice though mention be found of one made at Carleile vnder K. Edward the first the 2. yeare of his raigne to this effect for restrayning prouisions and other ordinances from the Court of Rome and the execution thereof by English subiects vntill vnder these two Kings Edward the 3. and Richard the 2. and not by the former vntill after many yeares of his raigne when by his continuall warrs with France and Scotland his temporall necessityes and other respects drew him therevnto And some men doe note that the lamentable ends of both these Kings wherof the worst seemed to some to be that of King Edward though he died in his bed togeather with infinite bloudshed afterward by their successours deuided in their owne bowells vpon the controuersie of Lancaster and Yorke did easily shew how vngratefull to all mighty God this breach of theirs and violence vsed with their Mother the holy Church was though it might seeme to them and some others also that it was either in temporall matters or in Ecclesiasticall conioyned as hath byn said with temporalities and that besides they were vrged therevnto by important clamours of their people partly vpon emulation against the Clergy and partly vpon some abuses and aggreiuances as they pretended in their supplications and declarations to the Popes themselues about these affaires pretending to hold still as no doubt they did their inward faith beliefe deuotion and obedience to the Sea Apostolicke though outwardly they were forced to take the way of redresse against some excesses which they did 3. And now wee haue already heard the foresaid complaints oftentymes iterated in the liues of the former Kings but especially vnder Henry the third and the two precedent Edwards that â—â—sued him which being continued vnder this third of the same name he being a warriour hauing therby all wayes commonly great need of money was induced at length for increasing his owne temporall wealth to lay hands vpon the spiritual especially such as was wont to goe out of the Realme to the Court of Rome or accrew to
imò à quoâ—iâ— alio de veritate contrarij si quis eam nouerit humiliter informati We being ready alwayes to be humbly informed of the truth of the contrary not only from your holy iudgement which gouerneth all but from any other that knoweth the same 9. So K. Edward to the Pope at that time concerning his great controuersie of France And albeit he was neuer wholy deuoid of the ielousies suspicions before mentioned that those French Popes did fauour more his enemies the Kings of France then himself and did assist them also oftentymes with graunts of great pecuniary succours vpon the Clergy as himself in some letters doth complaine yet did he neuer for this loose any inward respect reuereÌ„ce or obedience to the said Sea Apostolicke No nor did the said Sea cease for many years after to vse her auncient custome of prouiding Bishopricks and Prelacies in England though commonly they were English-men only As for example the very next yeare after to wit 1344. and 18. of King Edwards raigne the said Pope Clement made Bishop of Norwich one VVilliam Bate-man that had byn Auditour of his Pallace and Courte in Auinion And in the yeare 1362. Pope Vrbanus the fifth made Bishop of Lincolne by his prouision one Iohn Buckingham and of Chichester one VVilliam Lynne and King Edward admitted the same without resistance And foure years after that againe the same Pope vpon the death of Simon Islep Archbishop of Canterbury gaue that Bishopricke by his prouision to Simon Langtham that was Bishop of Ely and translated Iohn Barnet Bishop of Bath from that Sea to Ely and one M. Iohn Harwell being commended greatly by Prince Edward of VVales to the said Pope was admitted by him to the said Bishoprick of Bath as also VVilliam VVickham bearer of the Kings priuy signet was preferred by the said Pope vnto the Bishopricke of VVinchester Domino Rege procurante saith Walsingham that is King Edward procuring and labouring for the same 10. And two yeares after this againe in the yeare 1368. we read that the foresaid Simon Langtham being made Cardinall by Pope Vrbanus and therevpon resigning his Archbishopricke of Canterbury the Pope by his prouision gaue the same to VVilliam VVriothesley Bishop of VVorcester and the foresaid Lynne Bishop of Chichester he translated vnto the Bishopricke of VVorcester and vnto the Church of Chichester he promoted one VVilliam Roade In all which wee read not that K. Edward made any difficulty And the very next yeare after this againe wee find registred that the same Pope prouided the Churches of Norwich Hereford and Exceâ—â—â— of Bishops by his owne prouision only it is said of the later of the three quod Thomas Brangthingham fauore literarum Domini Regis Edwardi ad Exoniensem Ecclesiam promotus est Thomas Brangthingham was promoted by the Pope to the Church of Excester through fauour of the letters of K. Edward 11. And finally this matter went on in this manner vntill towards the later end of K. Edwards raigne when he growing old and feeble as well in iudgement as in body and matters depending most vpon his sonne Iohn of Gaunt who was a disorderly man in those dayes and much cried out vpon by all the Common-wealth as may appeare by that he was afterward deposed by Parlament from al gouernment though it lasted not long shewed himself enemy to the State of the Clergy as soone after he well declared by the imprisoning of VVilliam VVickham Bishop of VVinchester assayling Courtney Bishop of London fauoring the famous hereticke Iohn VVickcliffe at his beginning publickly and other such signes and demonstrations at this time I say being the 47. of the raigne of K. Edward according to VValsingham or 49. according to Polidor though the booke of Statutes doth appoint in the 25. and 27. years of the said Kings raigne were the Statutes made or perhaps begun to be put in execution against recourse to Rome except in causes of appellation and against prouisions of benefices to be gotten or procured from thence not at home by the patrons thereof Rex Edwardus saith Polidor primus omnium de Consilij sententia indixit immanem illis paenam qui in posterum impetrarent vbiuis gentium Anglicana sacerdotia à Romano Pontifice aut causas nisi per appellat tonem ad eundem deferrent c. Lex prouisionis siue de Praemoneri vocitatur King Edward first of all other Kings by the sentence of his Counsell did decree most horrible punishment vnto those that for the time to come should in any parte of the world obtaine English benefices from the Pope of Rome or should carry any causes vnto him but only by appellation The law is called the law of Prouision or Praemunire 12. And the same Author addeth further that Pope Gregory the 11. hearing of this law tooke the matter greiuously and wrote to King Edward for the reuocation therof but there ensuing presently a great schisme in the Church of Rome which endured allmost 50. years vntill the tyme of Martin the 5. King Edward also not liuing many years after and the disordinate gouernment of his Nephew K. Richard the 2. with the tumultuation of the VVickcliffians succeeding nothing was done therin And yet doth it appeare by VValsingham that vpoÌ„ that very same yeare of 1374. which was the 48. of K. Edwards raigne there was a treaty begun in the moneth of August at Bruges in Flaunders between Embassadors sent both from the sorsaid Pope Gregory and King Edward to treat of these points and that the said treaty endured almost two yeares Et tandem saith he concordatum est inter eos quod Papa de catero reseruationibus beneficiorum minimè vteretur quod Rex beneficia per literas Quare impedit vlterius non conferret At length it was agreed between them that the Pope for the time to come should not vse reseruations of benefices to himself and that the King should no more bestow benefices by his writ of Quare impedit 13. Thus much writeth VValsingham and toucheth no other points which yet probably may be presumed to haue byn treated at that time namely that the Kings for the time to come should haue the nominations of Bishops and the Pope only the confirmation and inuestiture except in certaine cases as afterward we haue seen practised not only in England but in most Catholicke Kingdomes round about but this by concession and agreement of the Sea Apostolicke it self without any least intention in the said Princes to deny the supreme spirituall power authority of the said Sea much lesse to take it vpon themselues as M. Attorney would inferre that they did out of these peeces of Statutes which he alleadgeth for that purpose Whervnto now we shall answere breifly as they ly in this booke M. Attorneys obiections out of the Raigne of King Edvvard the third §. I. 14. For that these obiections are many
respect of his supreme Ecclesiasticall iurisdiction is altogeather childish For that first to present includeth no Ecclesiasticall iurisdiction at all and much lesse supreme and may be exercised by meer lay-men as before hath byn declared at large vnder King VVilliam the Conquerour Secondly for the King to present to his free Chappels was as much to say in those dayes as that those Chappels being made free and exempted by priuiledges and franquises frō the Sea Apostolicke for otherwise they could not be freed from iurisdiction of their Ordinary the King presented vnto them by vertue of the Canon-law and commission of the said Sea Apostolicke as founder therof 26. And thirdly that he presented after the Deane and by lapse only and not in the first place signifieth plainely that his iurisdiction in that point if presentation may be called iurisdiction as in some sense it may was lesse then that of the Deane And so Fitzherberts words are to be vnderstood that in that particular case the King presēted by lapse as ordinary that is to say wheras in other benefices when the patron or partie to whom the election nomination or presentation first cheifly appertaineth presenteth not within such a tyme the Ordinary may present as hauing by composition the second right or power in that case and after him the Metropolitan and last of all the King Heer in the case of Free Chappels wherof the King is presumed to be founder after the Deane which hath the first right and this by no other meanes then by cōcession of the Sea Apostolicke in those dayes the King by priuiledge of the same Sea had right to enter in the second place insteed of the Bishop which proueth the quite contrary to M. Attorneys conclusion for it sheweth that the King had not supreme Ecclesiasticall iurisdiction in the case proposed but secondary and subordinate to that of the Deane But let vs see further The Attorney An excommunication vnder the Popes Bul is of no force to disable any man within England and the Iudges said that he that pleadeth such Buls though they concerne the excommunication of a subiect were in a hard case if the King would extend his iustice against him If excommunication being the extreme and finall end of any suite in the Court at Rome be not to be allowed within England it consequently followeth that by the ancient Common-laws of England no suite for any cause though it be spirituall rising within this Realme ought to be determined in the Court of Rome Quia frustra expectatur euentus cuis effectus nullus sequitur and that the Bishops of England are the immediate officers and ministers to the Kings Courts In an attachment vpon a prohibition the defendant pleaded the Popes Bull of excommunication of the Plaintife the Iudges demaunded of the defendāt if he had not the certificate of some Bishop within the Realme testifying this excommunication to whom the Counsell of the defendant answered that he had not neither was it as he supposed necessary for that the Buls of the Pope vnder lead were notorious inough but it was adiudged that they were not sufficient for that the Courte ought not to haue regard to any excommunication out of the Realme and therefore by the rule of the Courte the 〈◊〉 was thereby disabled Reges sacro oleo vncti sunt spiritualis iurisdictionis capaces The Catholicke Deuine 27. All that is heere said against the acceptance or admittance of the Popes Bulls for excommunication in England for of this only as speach in this place if it be meant of this K. Edwards time only as according to the argument it must and we haue seen that vnder former Kings the contrary was allwayes in practice how then doth M. Attorney talke heere againe of his auncient Common-lawes For if it began first vnder this King then was it a new law and not auncient and if further wee find no Decree or Statute therof at all in this Kings life as hitherto we haue not nor doth M. Attorney cite or quote any then might it be a matter only de facto of some Iudges who according to the current of that time and as they should see the King affected pleased or displeased with the Popes of those dayes would reiect or admit their Buls at their discretion And then doe you see vpon what goodly ground M. Attorney inferreth his conclusion that if the Popes Buls of excōmunication were not respected in those dayes it consequently followeth that by the auncient common laws of England no suite for any cause though it be spirituall rising within this Realme might be determined in the Courte of Rome And why so For that the Popes excommunication was not obayed in England 28. But I would aske him whether no sentence could be giuen without excommunication Or whether to such as beleeued the Popes authority in those dayes it were sufficient in conscience that the said excommunications were not admitted by some Iudges in their tribunals Or at least-wise no iudiciall notice taken of them except they came notified also from some Bishop as the second Case heer set downe doth touch therby insinuateth the solution of the whole riddle to wit that Iudges were not bound vnder this K. Edward to take publicke and Iudiciall notice of anie Bull of excommunication come from abroad and presented by any priuate person except the same came notified from some Bishop in authoritie within the Realme Which caution is vsed also at this day in diuers other Catholicke Countreys round about vs for auoiding trouble deceit and confusion to wit that Bulls and other authenticall writings from Rome must be seen and certified by some persons of authority within the Realme before they can be pleaded in Courte or admitted generally 29. To the last instance that Kings annointed with sacred oyle are capable of spirituall iurisdiction we denie it not but graunt with the great Ciuill-lawyer Baldus before mentioned and all Canonists that diuers cases of spirituall iurisdiction may be graunted by the Sea Apostolicke vnto annoynted Kings and so often it hath been done especially to Kings of England as former examples haue declared namelie of K. Edward the Confessor But this assertion of capacitie abilitie to receiue some sorte of spirituall iurisdiction if it be committed vnto them doth not proue that they had the said iurisdiction in themselues or of themselues by vertue of their Crownes or annoynting as M. Attorney would haue men beleeue But let vs heare further The Attorney Where a Prior is the Kings debitor and ought to haue tithes of another spirituall person he may choose either to sue for subtraction of his tithes in the Ecclesiasticall Courte or in the Exchequer and yet the persons and matter also was Ecclesiasticall For seing the matter by a meane concerneth the King hee may sue for them in the Exchequer as well as in the Ecclesiasticall Courte and there shall the
cases of heresie hath no substance in it at all for so much as you see it was directed by the Canon law long before K. Henry was borne 15. Wherefore to his last instance that the Pope cannot alter the laws of England I answere it is true touching temporall laws for they are to be made or altered by the English Prince and Parlament but Ecclesiasticall laws of the Church if they be positiue not deuine he might in all those auncient times vpon iust causes alter as I thinke M. Attorney will not deny and then by good consequence if it be true which euery where he striueth to proue that Ecclesiasticall laws though made by the Pope are laws also of England and may be called English lawes when they are admitted in England it followeth I say against himself in this assertion that the Pope might alter the lawes of England in that he might alter those Canon-lawes that were admitted in England thereby made English lawes The Attorney 1. The Iudges say that the Statutes which restraine the Popes prouisions to the benefices of the aduowsons of spirituall men were made for that the spiritualty durst not in their iust cause say against the Popes prouisions so as those Statutes were made but in affirmance of the common laws 2. Excommunication made by the Pope is of no force in England and the same being certified by the Pope into any Courte in England ought not to be allowed neither is any certificate of any excommunication auailable in law but that is made by some Bishop in England for the Bishops are by the common laws the immediate officers ministers of iustice to the Kings Courts in causes Ecclesiasticall 3. If any Bishop doe excommunicate any person for a cause that belongeth not vnto him the King may write vnto the Bishop and commaund him to assoile and absolue the party 4. If any person of religion obtaine of the Bishop of Rome to be exempt from obedience regular or ordinary he is in case of Premunire which is an offence as hath byn said contra Regem Coronam Dignitatem suam The Catholicke Deuine 16. I haue conioyned three or foure obiections togeather for that indeed all make not the due waight of one Wherfore to the first I answere that little it importeth to our controuersie what those Iudges said why the Statutes were made against the Popes prouisions in affirmance of the Common-laws for this may be said of euery new Statute whatsoeuer that it is made in affirmance of ancient Common-law albeit the said law supposed to be common no where appeare nor any reason proofe or probability be alleadged why it should be Common-law before that fact or Statute appeared So as this Common-law is now by M. Attorney made so common as it cometh to be Ens transcendens embracing all that is or can be deuised by any of his Iudges or Reuerend Sages or rather he maketh it Ens rationis or a meere Chymera that as Logitians hold hath no essence or being at all à parte rei but only in imagination For seing that the Popes prouisions had endured in England for so many ages before as all doe and must graunt how may the common law be presumed all that while to haue byn against the same yet no mention euer made therof These are morall impossibilityes to say no more 17. The second point doth answere it self and we haue touched the same before that by agreement in England the Popes Buls of Excommunication when they were sent should not be admitted ordinarily but by the certificate of some Bishop of England for preuenting the fraudes or false suggestions which particular men might vse therein And wheras M. Attorney heere againe saith that the Bishops are by the Common lawes the immediate officers and ministers to the Kings Courtes in causes Ecclesiasticall he runneth againe to his old Chymera of imaginary Common lawes For where is this Common-law that maketh Bishops to be officers and ministers to the Kings Courts in causes Ecclesiasticall For if the Common-law or Iudges thereof cannot so much as heare or take conusaunce of any spiritual causes belonging to Bishops Courts as often M. Attorney affirmeth in this his booke how much lesse can it or they by vertue therof appoint Iudges or make them officers in those spirituall Courts which haue their authority from the Canon and not Common lawes 18. To the third obiection little answere is needfull For who seeth not but that euery King in his Kingdome may commaund all â—â—â—es of people to doe their duty to surcease from wrong And so if a Bishop for a cause not belonging vnto him should excommunicate any the Prince may commaund him to absolue 〈◊〉 party whome vniustly he hath excommunicated if the iniustice bee so apparant as heere is presumed But M. Attorney should haue proued that the King himself might haue absolued him as in truth he might if he had Superiour authority to the Bishop in Ecclesiasticall causes as he may absolue immediately by himself all that are censured or sentenced adiudged or condemned by his Chauncellour lay Iudges or temporall officers and ministers nor hath he need to send the party to be assoiled by them or to will them to doe it as heer he doth the Bishop but might doe it himself or by some other giuing him authority thervnto which yet neuer King of England did attempt before King Henry the 8. 19. To the 4. braunch is answered that by good reason it was agreed that no religious man hauing made his vow of obedieÌ„ce in England should seeke to Rome for exemption therof without proposing his causes first in England it self for that otherwise vpon false informations suggestions of the party against his Superiours many troubles and inconueniences might follow by such exemptions and this is that which is touched in the Statute it self here alleadged affirming that no man shall goe to Rome for that which may be determined in England c. And now consider I pray you what all these foure instances laid togeather doe weigh in poyse of good reason But let vs see further 20. A fourth instance of M. Attorneys is taken out of a Statute of the 6. yeare of K. Henry the 4. where the commons doe againe make complaint of other new aggreiuances by the Courte of Rome to wit that such as are to be preferred to Bishopricks Archbishopricks and other Prelacyes cannot be admitted vntill they haue compounded with the Popes Chamber for paying of the first fruites of the said benefices and other dutyes required vvhervpon the King saith the Statute by the aduise and assent of the Great men of his Realme in Parlament and note that he nameth not heer the spirituall Lords did ordaine that whosoeuer should pay heerafter to the said Chamber or otherwise for such fruites and seruices greater summes of money then had byn accustomed in time past
the same was taken from him soone after togeather with his life by the cruell ambition of Richard Duke of Glocester brother to the deceased King so little motion made his oration and protestation against ambition at his death in the heart of him that was so furiouslie set vpon the same and desired to bee in his place 2. This man entring then with such boisterous and vnnaturall iniquitie of the slaughter of two of his Nephews continued that violent gouernment for two yeares and some what more though with many afflictioÌ„s both inward and outward and finallie lost it againe with the losse of his life and proued with a shorter experieÌ„ce then his brother King Edward had done before him how much more paine then pleasure that place brought to the violent possessor especiallie if iniustice goe with it which is the cheife origen and fountaine of all disasterous small successe 3. This man therefore being taken away by the sword of Henrie Earle of Richmond called afterward King Henrie the seauenth he held the same for 24. yeares with different successe in different times for that the former parte of his raigne wanted not waues and sourges and some troublesome motions as in reason it could not so manie great tempests and fierce stormes hauing inquieted the sea before But the later parte of his raigne was more calme milde and sweet hee hauing partlie by his ofspring and linage and partlie by his marriage stopped that great breach and inundation of miseries that brake into our Realme by the diuision of the two howses of Lancaster and Yorke and partlie also by his prudent moderation and gouernment of the Crowne so calmed and quieted mens minds humours and passions as they tooke delight to liue in peace and in this state he left his Realme to his heire and successor King Henrie the eight 4. These foure Princes then succeeding ech one the other in the Crowne of England and holding the same between them for the space of 50. yeares togeather excepting one or two though one of them were not crowned but ought to haue byn which was King Edward the fifth another was crowned that should not haue byn to wit King Richard the third howsoeuer otherwise in regard of linage family faction pretention or succession they were opposite or different one from another in affection iudgement or action for temporall affaires yet in profession of religion were they all one all and euery one of them professing the same faith and holding the same forme of Christian Catholicke religion which all their auncestors had done both before and after the Conquest And this not only in other matters but in the very point also of our controuersie concerning the practice and acknowledgement of the soueraigne spirituall authority of the Church Sea Apostolicke of Rome which may breifly besides all other means be demonstrated by these reasons following 5. First for that none of them was euer noted for the contrary which they would haue byn eyther by freinds or aduersaryes if any such occasion had byn giuen by them especially in that great and bloudy contention between the two houses of Yorke and Lancaster wherin both partes did desire to haue the fauour and approbation of the Sea Apostolicke and good opinion of the Clergy at home And if any least signe or signification had byn giuen by any of these Princes of different iudgment or affection in this behalfe their aduersaryes would haue vrged the same presently to their preiudice and disgrace which we read not to haue byn done 6. Secondly the practice of the said authority and iurisdiction of the Sea Apostolicke vsed vnder these Kings as vnder all former except only the manner of execution in two or three particular cases before mentioned that were conioyned with temporalityes doth euidently conuince the same as namely that all English Bishops Archbishops and other Prelates being elected or nominated to any dignity had euer their Buls and confirmation from Rome and the Metropolitans their palls The Archbishops also of Canterbury that liued with these Kings Thomas Bewser Iohn Morton Henry Deane and VVilliam VVarham who was the last Catholicke Archbishop that held that Sea immediatly before Thomas Cranmer All these I say besides other points of testifying their obedience and subordination to the said Sea did according to the auncient stile of their Catholicke predecessours write themselues Legats of the Sea Apostolicke as may be seen in Fox and other Protestant-writers in relating their commissions in sitting vpon hereticks c. 7. Thirdly the said Iohn Fox doth sett downe in his storie of Acts and Monuments more wickcliffian Sectaries and Lollards to haue been condemned and burned vnder these Princes then commonly vnder anie other before which Sectaries as is knowne did principallie impugne the spirituall authoritie of the Sea of Rome which thinge it is likely the said Princes would not haue done or permitted if they had been euill affected themselues that waie And the said Fox in the end of King Henry the 7. his life doth set forth many painted and printed pageants of the Popes Greatnes in those daies more then euer before 8. And finally not to labour more in a matter so manifest and cleere of it self there was neuer more intercourse between England and Rome for spirituall affaires then vnder these Princes to witt for inductions and inuestitures to all spirituall iurisdiction as hath been said for dispensations indulgences interpretations in doubtfull matters priuiledges franquises Charters for confirmation of Churches Chappels Colledges or Monasteries that were buylded diuers Embassages also were sent to Rome and speciall Legats were sent to England vpon particular vrgent occasions And as these kings had allwaies their Orators ledgers in that Court so had the Popes of that time their ordinarie Nunciâ—s yea and Collectors also of their temporall commodities in England as wee may read in Polidor who among others commeÌ„deth highly the learned Cardinal Hadryan who had been the popes Collector vnder K. Henry the 7. as himself also was vnder K. Henry the 8. This then maie bee sufficieÌ„t for some generall notes and proofes of this truth for that to prosecute particulars in this Kind were ouer tedious Now then shall wee passe to peruse and answere briefly the instances which M. Attorney citeth out of the raignes of these Kings as little to his purpose as the former Instances out of the raigne of K. Edvvard the fourth the sixtenth King after the Conquest §. I. The Attorney 6. In the raigne of K. Edward the 4. the Pope graunted to the Prior of S. Iohns to haue Sanctuarie within his Priorie and this was pleaded and claimed by the Prior but it was resolued by the Iudges that the Pope had no power to graunt anie Sanctuarie within this Realme and therefore by iudgment of law the same was disallowed The Catholicke Deuine M. Attorney repeateth still the word Law to shew thereby that he
togeather in one as also for that they are of so small substance as they deserue not to be handled a part For as to the first concerning the buying of alume of the Florentines who doth not see but that it is a temporall case wherin the Realme of England or Marchants therof being interessed the State might pretend iust cause to differre the admission or execution of the Popes sentence of excommunication touching that affaire vntill they had better informed him of the truth or iustice of the cause in their behalfe For this is vsed ordinarily by all Catholicke Princes and States euen at this day 17. The second obiection about the punishment of Priests and Clergy-men by their Bishops and Archbishops hath nothing in it at all that may make for M. Attorneys purpose For that heere is not giuen by Parlament any new spirituall iurisdiction to Bishops Archbishops but some temporall enlargement is graunted to the same As for example that they may not only suspend and excommunicate and punish by their spirituall censures such licentious persons of life but may corporally punish them also by imprisonment and other wayes as heere is set downe And least any in such cases might make recourse vnto the temporall magistrate saying that they were imprisoned wrongfully and contrary to the common secular laws of the Realme this refuge is cut of by this Statute and absolute power giuen to Bishops Archbishops to punish in such cases as well corporally as spiritually wherby also appeareth that such delicts of Clergy-men were in those dayes to be inquired of and punished only in the Bishops Courts and not in the temporall which was a dignity and no small preheminence of the Prelates of England aboue many other Countreys who neither then nor now haue the like absolute preheminence in all things as before hath byn shewed For that diuers cases and causes doe appertaine only to spirituall Courts in England which are handled also by secular magistrates in sundry other countreys as namely that of Testaments and the like And this is to be ascribed to the speciall piety deuotion of our Catholicke Kings and Countrey 18. As for the third point wherin M. Attorney saith Rex est persona mixta adding this reason because he hath Ecclesiasticall and temporall iurisdiction Whosoeuer maketh this instance either M. Attorney or some other author of his he little seemeth to vnderstand what is needfull to induce Ecclesiasticall iurisdiction wherof he may need more at large in the second Chapter of this booke And as for the person of a King it may be named mixt in some other respects as namely for that a King is annointed and therby hath somewhat of a Clergy-man also though absolutely he be a lay-man as you haue heard before the great Christian Emperour Valentinian professe of him self Quod erat vnus de populo that he was a lay-man and not a Clergie-man He is likewise head of the whole Common-wealth wherin are members both Clergy and lay-men as before hath byn said and in that respect is he head of both partes and consequently mixt or common to them both But all this induceth not necessity of spirituall iurisdiction except it be committed vnto him from the Church and Prelates therof in whome originally it is as in the forenamed place we haue abundantly declared 19. And the like wee answere finally to the fourth and last obiection wherin it is said that the King maie dispense with a bastard to bee made Priest and with a Priest to haue two benefices and this by his Ecclesiasticall power and iurisdiction The matter must bee distinguished that the King maie dispense or giue his consent in these cases for so much as toucheth the Common wealth or maie bee hurtfull vnto it and no otherwise which is to say so far forth as it maie importe or preiudice the Commō-wealth that bastards not inheritable should be Priests or one Priest hold manie benefices But then this dispensation is not by anie iurisdiction spirituall as M. Attorney would inferre but temporall onlie of the Prince as hee is head of the Common wealth For as concerning spirituall dispensation appertaining to conscience for so much as the prohibition that Bastards shall not bee ordained Priests was not made first by temporall Princes but by the auncient Canons of the Church none can dispence properly therin but he that is spirituall head of the whole Church or some other by his commission 20. And by the same reason for that spirituall iurisdiction ouer soules which is the iurisdiction of him that hath a benefice cannot bee truely giuen or deliuered to anie man but by him that hath it in himself to wit some Prelate of the Church that hath it from the fountaine of succession from the Apostles as before hath been declared it followeth that none which hath not this iurisdiction by this means in himself can giue anie benefice to anie man and much lesse two or manie benefices that is to saie spirituall iurisdiction ouer manie flocks to one man except hee onlie that hath superior and mediate spirituall iurisdiction ouer the said flocks and their soules And heerby wee see that standing in the principles and grownds before set downe and manifestly proued M. Attorneys instance is to no purpose at all to the effect and sense wherin hee would haue it vnderstood 21. And this shall suffice for this place and for the raignes and liues of all Christian Princes of our Realme that liued in vnion and conformitie of one religion and acknowledgment of one supreme authoritie spiritual of the Sea Apostolicke of Rome from the first to the last that is to saie from King Ethelbert that receiued the first grace of our conuersion to the Christian Catholicke Roman religion vnto King Henry the 7. inclusiuè who being the last and neerest English auncestour to his Maiesty that now is and succeeding after aboue a hundred and twenty English Kings of the same religion ended happely also his life raigne therein without any change or alteration And if this sonne had followed the same course and held it out to the end as he did for two partes of three of his raigne he had byn thrice happy but Gods prouidence for his and our sinnes permitted otherwise We shall therfore see breifly the manner means occasions motiues and euents therof in the ensuing Chapter OF THE RAIGNE OF K. HENRY THE EIGHT And of his three children King Edward Queene Mary and Queene Elizabeth And how the first innovation about Ecclesiasticall iurisdiction was made and continued in their dayes CHAP. XV. NOVV are we come vnto the time wherin great change indeed and alteration was made in our Countrey by particular Statutes and Nationall laws so far forth as a perpetuall and vniuersall receiued truth by nationall and temporall decrees could be altered in the foresaid point of spirituall and Ecclesiasticall iurisdiction For that K. Henry
the eight after two partes of three of his raigne wherin he had not only acknowledged and practised according to the vse of all his predecessours but singularly also defended and propugned by publicke writing the Catholicke consent of all Christendome concerning the Soueraignty of the Sea of Rome therin did at length vpon certaine occasions of particular distast anger and exasperation falling out betweene Pope Clement the 7. and him about the diuorce of his wife Queen Catherine daughter of Spaine and the marriage of Lady Anne Bullen in in her place to neither of which the said Pope would consent make strange innouations by little little as first threatning and the said Pope then substracting some of his authority and giuing it to others and finally taking all vnto himself Which deuise being once begun was continued after his death by the gouernours of his young sonne King Edward though with lesse probability and apparance of truth as before hath byn noted then reiected againe by his daughter Queene Mary who restored the same whence it was taken but reassumed though in a different deuise of words by his second daughter Q. Elizabeth that least of all was capable of it as in precedent chapters hath byn declared So as heere though M. Attorney doth euery where talke of auncient laws and common consent there is neither anquity vnity conformity consent or continuance of anie moment to bee found which will better appeare by that wee haue briefly to touch of ech one of these Princes raignes in particular Of King Henry the eyght who was the twentith King after the Conquest §. I. 2. This Prince succeeding his father King Henry the 7. in the flower of his youth when he was but 18. yeares of age but adorned with many rare graces both of mind and body tooke the scepter in hand with as great expectation of his people neighbours round about him as euer did Prince of our land before or after him and for the space of more then 20. yeares performed the same in all points of an excellent Prince both in peace and warre vntill he fell into that vnfortunate fatall breach with his wife and Queene and disordinate appetite of the other that succeeded her whervpon ensued all those strange and vnexpected mutations which afterward were seene one thing giuing occasion and making way to the other as the euents declared 3. But among all other points of Catholicke doctrine no one was more obserued by this King while he remained in his auncient peace of mind then that of his due acknowledgment subordination and respectiue correspondence with the Sea Apostolicke which being in his dayes begun to be impugned togeather with many other points of Christian religion by Martyn Luther an Apostata Friar of Germany and his followers King Henry out of his great zeale and feruour towards the said religion and Sea Apostolicke tooke vpoÌ„ him to write a special learned booke in defence therof against the said Luther which booke he sent to Rome presenting it to Pope Leo the tenth subscribed by his owne â—and which I haue seen by a speciall Embassadour for that purpose Doctor Clerke Bishop of Bath and VVells that made an earnest speach and eloquent oration at the deliuery therof in protestation and commendation of his Kings high and resolute zeale in this behalfe all which being extant in print I remit the Reader thervnto for his better satisfaction 4. Only I cannot pretermit to recite in this place some of his words which he vseth in that booke in defence of the Popes Ecclesiasticall Supremacy which himself afterward vpon new passions rising so greatly impugned Thus then he wrote against Luther in those dayes Non tam iniurius ero Pontifici vt anxiè sollicitè de eius Iure disceptem tanquam res haberetur pro dubia c. I will not offer so much iniury vnto the Pope as earnestly and carefully to dispute heere of his right as though the matter might be held in doubt it is sufficient for that which now we haue in hand that his enemy Luther sheweth himself so much to be carried away with passion and fury as he taketh all faith and credit from his owne sayings cleerly declaring his malice to be such as it suffereth him neither to agree with himself nor to consider what he saith So be 5. And then after a large confutation of Luthers fond opinion and furious assertion that the pope neither by diuine or humane law but onlie by vsurpation and Tyrannie had gotten the headshipp of the Church K. Henry vseth two stong reasons and arguments against him among other to represse his maddnes therein The first of generall consent from antiquitie saying Negare non potest c. Luther cannot deny but that all the faithfull Christian Churches at this daie doe acknowledge and reuerence the holie Sea of Rome as their mother and Primate c. And if this acknowledgment is grounded neither in diuine nor humane right how hath it taken so great and generall roote How was it admitted so vniuersally by all Christendome When began it how grew it to bee so great And wheras humane consent is sufficient to giue humane right at least how can Luther saie that heer is neither diuine nor humane right where there is and hath been for time out of minde so vniuersall humane consent c. Certe si quis rerum gestarum monumenta reuoluat inueniet iam olim protinùs post pacatum orbâ—m plerasque omnes Christiani Orbis Ecclesias obtemperasse Romana c. Truly if a man will looke ouer the monuments of things and times past he shall find that prefently after the world was pacified from persecution the most parte of Christian Churches did obay the Roman yea and the Greeke Church also though the Empire were passed to that parte wee shall find that shee acknowledged the Primacy of the same Romane Church but only wheÌ„ shee was in Schisme And as for S. Hierome though he were no Roman yet did hee in his daies ascribe so much authoritie and preheminence to the Roman Church as he affirmed that in matters of great doubt it was sufficient for his faith to bee allowed and approued by the Pope of Rome c. This is the first argument vrged by King Henry of antiquitie and consent 6. Another hee alleadgeth of impossibilitie for the Pope to haue attained by force and Tyrannie to so great authoritie as he had according to Luthers calumniation the effect is this Cum Lutherus tam impudenter pronunciet c. Whereas Luther so impudeÌ„tly doth affirme that the Pope hath his Primacie by no right neither diuine nor humane but onlie by force and Tyrannie I doe wonder how the mad fellow could hope to find his Readers so simple or blockish as to beleiue that the Bishop of Rome being a Priest vnarmed alone without temporall force or right either diuine or humane as he supposed
well by the words of the Statute which are these VVhere the Kings most excellent Maiesty is by gods law supreme head immediatly vnder him of his whole Church of England intending the conseruation of the same Church in a true sincere and vniforme doctrine of Christs religion calling also to his blessed and most gratious remembrance the innumerable commodities which ensue of concord and vnity in religion c. hath therfore commaunded this his most high Court of Parlament to be summoned as also a Synod of all the Archbishops Bishops and other learned men to bee assembled c. for a full and persect resolution of certaine Articles proposed which are the former six his Maiesty also most gratiously vouchsafing in his owne Princly person to descend and come into his said high Courte and Councell and there like a Prince of most high prudence and no lesse learning opened and declared manie thinges of high learning great knowledge touching the said Articles matters questions whervpon after great and longe deliberate disputation and consultation had and made it was finally resolued as before c. 17. Thus you see how maturely this matter was done and resolued by the new head of the English Church and his Counsell which resolution not withstanding I presume M. Attorney and those of his religion will not well allow à parte rei though for his authoritie they may not denie it according to their owne grounds in that he did contradict therin the Popes and so in this respect they seem to bee but in pittifull plight for that neither the one nor the other head serueth well their turnes And with this wee shall leaue King Henry the 8. who in all the rest of his raigne which as hath byn said was but the third parte after his spirituall headship of that he had raigned before in acknowledgment of the Popes Supremacie his Decrees Ordinances and actions though they were inconstant variable yet were they all except this only controuersie of the Popes authoritie against Protestants and their religion as appeareth both by his solemne condemning and burning of Iohn Lambert for denying the Reall presence the next yeare after this Statute was made as also of Anne Ascue and others vpon the last yeare of his life for the same heresie and of manie others for other Protestant-opinions so as I doe not see how M. Attorney can much glorie in this first headshipp of his Church of England especially that being true which Bishop Gardiner preached and protested publikely at Pauls Grosse in Queen Maries time that K. Henry dealt with him a little before his death for reconcyling himself to the Pope by restoring to him his authority againe if with his honour it might bee brought to passe but before this could bee treated he died and thereby was frustrated of his good purpose therin The answere to certaine Instances of M. Attorney out of this raigne of K. Henry the eight §. II. 18. And this might suffice for King Henries raigne but only that M. Attorney vpon the recitall of certeyne of the said Kings Statutes made by himself for his owne spirituall Supremacy which I hold not needfull for me to stand to answere he moueth a doubt and answereth the same in such sorte as is worthy of consideration His doubt is that for so much as K. Henry was now declared head of the Church and all Ecclesiasticall iurisdiction taken from the Pope in England and in English affaires what shal become of the Canons or Canon law togeather with the Constitutions and Ecclesiasticall Ordinances depending of the Church of Rome wherby the spirituall Courts of England were wont to bee gouerned you shall heare his answere in his owne words The Attorney If it bee demaunded saith hee what Canons Constitutions Ordinances and Synodals Prouinciall are still in force within this Realme I answere that it is resolued and enacted by authoritie of Parlament that such as haue been allowed by generall consent and custome within the Realme and are not contrariant or repugnant to the Laws Statutes and Customes of this Realme nor to the damage or hurte of the Kings prerogatiue Royall are still in force within this Realme as the Kings Ecclesiasticall laws of the same Now as Consent and Custome hath allowed those Canons so no doubt by generall consent of the whole Kealme anie of the same maie bee corrected enlarged explained or abrogated For example there is a decree that all Clerkes that haue receiued anie manner of Orders greater or smaller should bee exempt pro causis criminalibus before the temporall Iudges This decree had neuer anie force within England First for that it was neuer approued and allowed of by generall consent within the Realme Secondly it was against the laws of the Realme as it doth appeare by infinite presidents Thirdly it was against the prerogatiue and soueraigntie of the King that any subiect within this Realme should not bee subiect to the laws of this Realme The Catholicke Deuine 19. Heere you see two points touched in this answere First the resolution it self and then the confirmation therof by a speciall example The resolution is very ambiguous doubtfull and vncertaine if you consider it For he saith that such Canonicall laws are to bee still in force as were allowed by generall consent not contrariant to the laws statutes and customes of this Realme nor importe anie dammage to the Kings prerogatiue Royall And what are these thinke you And how vncertaine a rule is this prescribed for laws whereby matters of conscience must be determined Who may not say in his owne case or others this Canon or Constitution though it be of neuer so auncient Councels or Decrees of the Church for of such consisteth the Canon-law was neuer allowed by generall consent of England this is contrariant to some Statute or Custome this importeth dammage to the Kings prerogatiue Royall and so indeed by establishing this new headship the whole body of Ecclesiasticall regimēt was ouerthrowne though M. Attorney to salue the matter saith that the said Canonicall lawes should remaine still in force with the restrictiōs aforesaid as the Kings Ecclesiasticall lawes which is as much to say as that these Canon-lawes that were made by generall Councels Nationall or Prouinciall Synods and by the Popes of Rome themselues shall not remaine as their lawes but as the Kings lawes for that he retaineth them of which poore refuge I haue spoken often before how weake and idle it is 20. But now for his particular example chosen out to proue that the generall Canonicall lawes of the whole Church receiued throughout Christendome may be corrected and enlarged explaned abrogated by a particular Countrey which is contrary to the common Maxime that no law can be abrogated but by the same authority by which it was made and allowed or greater I cannot but maruaile that he would insist vpō the exemption of Clerks from secular
tribunals no one thing in all the libertyes and priuiledges of the Church and Church-men being more ordinary not vsuall nor generally receiued then this though M. Attorney presumeth to affirme heere that this Decree had neuer any force within England which seemeth to me so manifest an vntruth as I marueile he would affirme it so flattly For to let passe all that I haue said before in the second Chapter of this our confutation for the confirmation of the exemptions of Clerks their persons and goods out of the Decrees of auncient Christian Emperours that ratified the Church-Canons in that behalfe and the conformity therevnto of our Christian Kings before the Conquest handled in the 5. 6. Chapters of this booke besides this I say the assertion of M. Attorney may euidently be ouerthrowne by all the laws vse and custome since the said Conquest and namely and expressly by the laws of the Conquerour himself recited before by me in the 7. Chapter of this answere which were continued by all the said Conquerours posterity vntill the tyme of King Henry the 3. when written Statutes had first their beginning namely that of Magna Charta by which lawes and Statutes the said priuiledge and exemption was often and ordinarily ratified and confirmed 21. As for example in the third yeare of King Edward the first sonne to the said King Henry the Statute speaketh thus when a Clerke is taken for guylte of felony and is demaunded by the Ordinary he shall be deliuered to him according to the priuiledge of holy Church on such perill as belongeth to it after the custome aforetymes vsed c. Behold the contradictory words to M. Attorneys that said this decree had neuer any force nor was approued in England The instance also of Bigamyes alleadged before by M. Attorney and answered by vs in the 11. Chapter of this booke vnder the raigne of this King Edward the first doth euidently confirme that which we say and refuteth M. Attorney For that the Kings Counsell refusing there to deliuer certaine felons demaunded by the Prelates in respect only that they were Bigamyes or had byn twice marryed therby were excluded by the generall Councell of Lions from the priuiledge of Clergy-men this I say doth shew that before that Councell Bigamyes also had that priuiledge by the Latin words of the law wherin it is said Praelati tanquam Clericos exigâ—runt sibi liberandos These prelates or Bishops did exact or require those felons to be set free vnto them as Clerks doth manifestly declare that they demaunded it by the knowne law of the land generally receiued in those dayes 22. And conforme to this vnder King Edward the second sonne to the former Edward we find the law to speake in these words A Clerke flying to the Church for felony to obtaine the priuiledge of the Church if he affirme himself to be a Clerke shall not be compelled to abiure the Realme but yeelding himself to the law of the Realme shall enioy the priuiledges of the Church according to the laudable customes of the Realme heeretofore vsed So there where you see that this was no new thing in those dayes 23. And I might ad to this diuers other like Decrees of the succeeding Kings as namely of King Edward the third in the 18. and 25. yeares of his raigne and of King Henry the 4. in the 4. yeare of his raigne vnder whome it is written in the records of Canterbury Church that the Archbishop Arundel seeing this ancient priuiledge of the Clergy to haue byn somwhat weakned by former Kings he dealt with the said King Henry effectually and obtained saith the Register vt vetus Cleri praerogatiua per Regem renouaretur ne Clerici ad Regium tribunal raperentur That the auncient prerogatiue of Clergy-men might be renewed by the King that Clerks should not be drawne to the Kings tribunall And this was a point so notoriously knowne in England in those dayes as when vpon the yeare 1405. in the said King Henry the fourth his raigne the Archbishop of Yorke Richard Scroope togeather with some others of the nobility had risen in armes against him and the King in his choller would needs haue him condemned and executed as he was Gaston the cheife Iustice as Harpesfield noteth out of the said Bishops life and the addition of Poli-chronicon knowing that by the law he could not be condemned by a secular Iudge refused to sit vpon him and so he was condemned by Syr Raph Euers and Syr VVilliam Fulthrop knights authorized therevnto by the Kings armed commission wherof the Clergy greatly complaining Pope Innocentius the seauenth excommunicated the doers and denounced to K. Henry by the Archbishop of Canterbury that he would proceed in like manner against himself if he gaue not good satisfaction in that behalfe but he dying soone after and a great schisme thervpon ensuing in the Roman Church nothing was done 24. But much auncienter then this wee might alleadge diuers examples out of the raignes of King Henry the 3. and Edward the 3. wherof wee haue made mention also in parte before treating of their times as of one Peter Riâ—all who had been Treasurer to King Henry the 3. and being apprehended by the Kings commission and to bee sent to the Tower said to him thus as Matthew Paris writeth Domine Clericus sum nec debeo incarcerari vel sub Laicorum custodia deputari My leige I am a Clerke and therefore I ought not to bee imprisoned nor to bee kept vnder the custody of Laie-men The King answered Te vt laicum hactenûs gesâ—isti à te igitur vt à laico cui meum commisi thesaurum exigo Thou hast borne thy self hitherto as a laie-man and therefore as of a laie-man to whom I committed my treasure I exact an account of the same And for that he was found with armour vnder his Clergie attyre both for this because the Archbishop of Canterburie there present seemed not willing to answere for him he was sent to the Tower yet after two daies saith our author he was deliuered againe thence by the said Archbishop and carried to VVinchester and there left in the Cathedrall Church 25. And some fiue yeares after that againe one Raph Briton a Clerke and Chaâ—on of S. Pauls Church who likewise had been K. Henries Treasurer being accused to the said King of diuers crimes touching treason and by his commission to the Maior of London apprehended and sent to the Tower was by the instance of the Clergie vrging their said priuiledge dismissed Rex dictum Ranulsum saith Paris licet inuitus solui in pace dimitti praecepit the King though vnwilling commaunded the said Raph to bee let forth of prison and peaceably dismissed So as this exemption was no new thing at that time as M. Attorney would haue it seeme And of King Edward the third aboue a hundred yeares after that againe Thomas
VValsingham alleadgeth this confirmation of the said priuiledge in his time Quod nullus Clericus sit arrei ratuâ— coram Iustitiarijs suis siue ad sectam suam siue partes si Clericus suae Clerimoniae se submittat dicens se membrum Ecclesiae Sanctae non debere ipsis Iustitiarijs respoÌ„dere That no Clerk maie bee arraygned before the Kings Iustices at the suite of the said King or of anie other party yf the said Clerk doe submitt himself to his Clergie affirming that hee being a member of holy Church ought not to answere to the said Iustices So VValsingham And this shall bee sufficient to meete with the assertion of M. Attorney to the contrary and herewith shall we end our speach of King Henry the eight Of King Edvvard the sixt the one and twentith King after the Conquest §. III. 26. This younge Prince being but a child of 9. yeares old when his father King Henry died as often hath been said was by his Tutors and Gouernours especially his Vncle Earle of Hartford after made Duke of Somerset and some others that followed his appetite in the desire of innouation about matters of religion declared Head of the Church vnder the same stile as his father had been before and by that headship and pretence therof they took to theÌ„selues authoritie to make that change which after ensued partly to the opinions of Luther partly of Zuinglius for Caluin was not yet so famous or forward in credit for some years after and to ouerthrow and alter in effect all that King Henry by his headship had ordained and established before concerning religion as may appeare by the seuerall and particular repeals of the most parte of all his Statutes touching that affaire except only this of his departure from the Pope and obedience of the Sea Apostolicke 27. But yet one principall declaration and important constitution they added in this matter as before hath been touched aboue that of King Henry according to the saying facile est inuentis addere and this is that whereas the Father K. Henry taking from the Pope his accustomed iurisdiction Ecclesiasticall did transferre it vnto his Clergie of England and afterward declaring himself Spirituall head of that Clergie did consequentlie inferre he was head of the English Church also in spirituall matters yet did he not explaine from what origen properly this spirituall power did flow which point the said Gouernours of the child-King Edward did interprete and decide shewing that all spirituall iurisdiction power and authority ouer soules by loosing or binding of sinnes or other spirituall actions in Bishops Prelates and Priests proceeded and was deriued from this young child who yet notwithstanding as ech man may consider was not of yeares to haue perfect vse of reason for disposing so much as temporall matters and how much lesse in spirituall For so affirmeth plainly S. Paul to the Galathians Quanto tempore haeres parâ—ulus est nihil differt à seruo cum sit Dominus omnium sed sub tutoribus actoribus est vsque ad praefinitum tempus à Patre All the time that the heire is young or vnder age though he be Lord of all by inheritance yet doth he differ nothing from a seruant or bound-man in subiection but is vnder Tutors and Administrators vntill the tyme of his age appointed by his Father So the Apostle 28. And if then this young King had not yet authority as of himself to dispose of any temporall affaires which are of much lesse moment we may easily consider what may be thought of spirituall and Ecclesiasticall that require more the vse of reason and iudgement for exercising of iurisdiction therin then doth the other But you will say perhaps that the same Tutors and Administrators that gouerned him in secular Ciuill affaires might take vpon them also iurisdiction in the spirituall likewise and so the Duke of Somerset for example with his assistants might be secondary or Vicar-heads of the Church of England vnder him for the tyme to absolue or bind sinnes determine of heresies dispose of Sacraments and the like 29. But to this â—s easily answered according to the principles set downe in the secoÌ„d Chapter of this booke that for so much as all temporall power is giuen first of all by God in the law of Nature vnto the people or multitude who thereby haue authority to transferre the same to what manner of gouernement they like either Monarchie or other it followeth also that the Common-wealth that had authority to choose or appoint the state of Kings to raigne ouer them had and hath power to giue sufficient authority in like manner to Tutors and Administrators to gouerne the said Common-wealth in temporall affaires during the tyme of their Kings minority or non-age But that the origen of spirituall power comming not by this way of the people nor being giuen to them at all but immediatly by Christ our Sauiour to his Apostles and their Successours Bishops and Prelates by lawfull Ordination and Succession of Priesthood and imposition of hands to the end of the world no temporall Tutors or Administrators could rightly get into this authority except they were first made Priests and this also by Caluins opinion and assertion as well as ours as before hath byn declared 30. By this then wee see how and by what assurance this headship of the Church and supreme Ecclesiasticall authoritie therof passed from the Father to the sonne which was such as it liked not M. Attorney to alleadge anie one Statute of this mans time against vs though all in deed were made against vs and against the said Father as maie bee easily imagined considering the Current of that time And the very first of all was in fauour of Luthers opinioÌ„ about the Reall presence which afterward they changed into that of Zwinglius They changed also twyce their Communion booke and forme of seruice and Sacraments first vpon the second and third yeares of King Edwards raigne and secondly vpon the 5. and 6. as appeareth in the particular Statutes of those yeares They repealed a great number of K. Henries Statutes as by name concerning treasons and heresies They repealed his famous Statute for PrecoÌ„tracts in marriages as also dissolued diuers of his Courts that he had set vp And finally they respected nothing the said King Henries headship nor his prescription or direction therin but followâ—d their owne for the time that their power endured And yet all was published vnder the name of the Ghospell and New reformation established by negociation in Parlament as though the matter had proceeded from very sound and founded Ecclesiasticall authoritie And this for that time wherof M. Attorney alleadging no one example against vs I haue no further need to enlarge my self Of the raigne of Queene Mary the two and twentith Princesse after the Conquest §. IIII. 31. As M. Attorney doth preâ—ermitt
16. Ioan. 21 〈◊〉 20. 1. Cor. 12. Vâ—â—â—ersall 〈…〉 â—gainst M Attorâ—â—◠〈◊〉 dist 〈◊〉 Yno 〈◊〉 Sâ—â—â—ole Dâ—â—â—ors 〈◊〉 〈◊〉 in 〈…〉 〈◊〉 Doctors Fathers and expositors Chrysâ—â— 5. ser. Quid regulares famina viris non â—â—habitant A notable discourse of S. Chrys. l. â— de sacordoâ—iâ— sub initiuâ—â— Ioan. 21. 〈◊〉 coÌ„â—â—â—dable 〈◊〉 good â—â—stor A vvomeÌ„ 〈◊〉 exâ—â—â—led 〈◊〉 â—â—urch-gâ—â—ernâ—â—nt Hovv much S. Chrysost. authoritie ought to be esteemed in this point The municipall lavvey of England * Infra â— 6. demonstrat 10. in cap. 7. Manifest reasons A vvoman can not be Priest Aâ—â—â—rdiâ—â—â—f coÌ„seâ—◠〈◊〉 A â—â—eat 〈…〉 Consent of Protestant vvriters Caluin in cap. 6. Amos epist. 54. ad myconâ—â—â— Beza in â—â—fesâ—râ—ne cap. 5. de prâ—sb fol. 32. 43. Viretus Dialog 3. 〈…〉 ad 〈…〉 burg 〈…〉 and 〈◊〉 of 〈…〉 The repetition and coÌ„clusion of all A point vvorthy of laughter K. Henry â— Edâ—â—â—d 6. â—â—â—tvvin 〈…〉 cap 1. A point â—â—rthy of 〈◊〉 The oath of supremacy exacted of Q. Elizabeth The finall consideration vpon all * Monsieur Laâ—saâ— Embassador of the K. of FraÌ„ce and others vvherof see more Infra cap. 15. Reportes fol. 1. Of English Kings before the Conquest Reportes fol. 9. The Charter of K. Kenulphus anno 755. Stamford lib. 3. c. 39. fol. 1012. This charter vvas pleaded 1. Hâ—nr 7. 23. 25. 〈◊〉 The first pointe of M. Attorneys collection refuted Bed lib. 4. hist. Angl. cap. 5. Thâ— secoÌ„d poâ—nt ansvvâ—â—â—d 〈◊〉 the 〈…〉 then 〈◊〉 〈◊〉 third 〈…〉 Of diuers sortes of exemptioÌ„â— granted to pious vvorks by Popes Ossa K. of Mercians Paris iâ— hist. Angl. anno 794. 〈◊〉 Gulâ—â—l 〈◊〉 l. de 〈◊〉 talibus 〈◊〉 ast S. â—â—ustin 〈◊〉 Char. 〈◊〉 K. â—â—â—elbert â—605 â—â—ainst â—â—â—â—ders 〈◊〉 Abbey 〈◊〉 or 〈◊〉 Harpeâ—selâ— hist. Angl. saculo 10. c. 9. ex Mariano Scoto K. Kenulfus gaue his Charter to Abindon by authority of the Pope The instance of K. Edvvard the confessors charter examined Alredus 〈◊〉 in 〈◊〉 S. Edoâ—â—â—ds â—â—â—g Edâ—â—rd the â—â—â—â—â—ssors â—â—â—â—ection 〈◊〉 the â—â—pe 〈◊〉 1033. 〈◊〉 S. â—â—â—vards 〈◊〉 19. cap. 2. Rom. 13. Rog. Houed part 1. ant al. in vit Hen. 2. Ioan. Fox in Act. Monument The 〈◊〉 of 〈…〉 King Edvvards gouernment 〈…〉 Châ—â—ch vvaâ— by 〈…〉 Seâ— Baron 〈…〉 97. The K. of Spaine his Ecclesiastiâ—â—ll Iuâ—â—â—â—â—â—tion 〈…〉 Hovv little M. Attorney proueth Ten demonstrations beâ—oâ—â— the conquest 1 Of the lavves made by auncient Kings before the conquest Malmes l. â— de gestis Regum Anglorum c. 2. in Iâ—â— Differences of lavves and lavv-makers before the conquest Fox Acts and Mon. pag. 149. See the Conquerours Ecclesiasticall lavves cap. sequentâ— What the 〈◊〉 he◠〈…〉 Fox vbi supra * Cap. 5. Roger Hodon par 1. Annal. in vita Henr. 2 Magna carta cap. 1. Confirmation of Churches libertyes in England Articuli Cleri an 9. Edvvard â— 2 〈◊〉 the 〈◊〉 Ecclesâ—â—â—â—ca 〈…〉 counâ—â—â—â—â—ine 〈◊〉 from 〈◊〉 but 〈◊〉 Pâ—eâ—â—â— See Bede lib. 1. histor Angl. c. 2â— Of Recourse made to Rome presently after our English Church vvas founded Ibidem The ansvvere of Pope Gregory coÌ„cerninge French Bishops Beda lib. 1. hist. cap. 27. Gregoâ— in Regist. lib. 12. c. 15. 〈◊〉 Gregoâ—â—â—â— comâ—iâ—sion to Auguâ—â—ine Bede lib. 2. hist. Anglicana cap. 5. The conuersion of other Kingdomes after that of Kent Anno 600. Anno 604. Anno 709. Anno 606. Anno 635. Anno 662. â—up cap. 2. â— 4. â—cclesiaâ—ticall â—â—vves all â—â—ne though in â—â—â—serent â—ingdoâ—es M. Attorney his euasion ansvvered 3 That all Ecclesiasticall vveighty matters vvere referred by our Kings people to Rome â— Auguâ—â—ine appointed his succesâ—ors by orâ—â—r auâ—horitie to Rome Anno Doâ—â—ni 604. 〈◊〉 lib. 1. 〈…〉 p 4. Anno 610. 〈◊〉 de 2. hist. â— Ethelâ—â—rt and Sebert â—ovv they â—epended â—â— Rome K. Eadbald an Apostata reclaymed Beda lib. 2. hist. cap. 8. Authoâ—ity giuen by the Pope to make Bishops in England Malmesb. in fasâ—is anno Christi 621. K. Edvvyn demaunded Bishops froÌ„ Rome Beda lib. 2. â— cap. 17. Pope Honorius his â—riuiledges graunâ—ed to K. Edvvyn Anno Domini 665. Bede lib. 3. hist. cap. 29. Bede ibid. anno Domini 665. The Pope sendeth reliques to the King and Qeeene promiseth an Archbishop Bede lib. 4. histor Anglicanâ— c. 1. Abbott Adrian Theodorus sent for Archbishop of Canterbury Anno 669. â—eda lib. 4. â—â—st cap. 2. A happy â—ate of â—he English Church Malmesb. lib. 2. de Regibâ—s Anglorum c. 8. K. Edgar sent for authority to Rome to reforme the Clergie M. Attorney challenged K. Ethelbald See Stovve anno 71â— Malmesb. lib. 1. de gestâ—s Regum Anglorum lib. 1. de gostir Pontificâ—â— The atâ—â—mpte of â—â—ng Offa againsts the â—â—risdictioÌ„ of Canterbury See diuers â—auses of Alâ—uins â—pistle to â—thelard â— Malmesb lib. 1. de gostis â—â—â—tificuâ— The epistle of K. Kenulphus to Pope Leo. The humble petitioÌ„ of King Kenulphus Key of knovvledge The determination of Pope Leo 3. for Archbish Athelarde Kings and Princes subiects to the Archb of Canterbury in spirituall matters Missions made by authority of the â—â—pe â—â—â—rent in â—â—râ—n in â—ngl Dispenâ—â—tions of â—ost imâ—ortance â—â—ocured 〈◊〉 Rome Malmesb. lib. â— de vltis Pontifiâ—um in Sâ—â—thuâ—â— Malmesb. ibidem Stovv in anno â—39 Malmesb. lib. 2. dâ—gestis Regum Anglorum cap. 2. Alredus Riâ—uall in vita D. Edvvardâ— Polidorus alij â—â— Iohanâ—â— Tvvo exâ—mples afâ—er the â—onquest â—â—anderus lib. 1. de 〈◊〉 4 〈…〉 â—riuiledâ—es 〈◊〉 of Churches Monasteryes Hospitalls c. by the â—ope Abbott Biscopus sent to Rome for priuiledges Bedâ— lib. 4. hist. Angl. cap. 10. Bede tâ—m 3. in vita S. Bertolphâ— The priuiledges of S. Bertolphus his Monastery Ceadwalla Inas Malmesb. 1. de gâ—stis â—â—gum Anglorum câ—p 2. Malmesb. 〈◊〉 Adelâ—â—us his booke of virginity Malmesb. â—â— 2. histoâ—â— nouella Florentius in chronico anno 70â— Priuiledges of the Abbey of Euesham The priuiledges of S. Albanes founded by King Offa. Math. Vestmonasteriensis in historia anno 794. â—at Paris vita Henâ—â—â—â—terâ—â—s â—â—no 1256. Malmesb. 〈◊〉 2. de 〈◊〉 Regum anglorum â—â—p 1. Priuiledges graÌ„ted to Glastenbury at the petition of K. Edgar Malmes iâ— vita Edgarâ— Ingulphus in historia de Crâ—yland King Edgar charter confirmed the Popes charter The priuiledges of VVestminster procured by K. Edvvard Alredus Rieuell in vita S. Edwards Anno Domini 1054. Ibidem Mutuall letters betvvene Pope Nicolas and King Edvvard Priuiledges of VVestminster vvith a terrible curse to the breakers 5 Appeales and complaints to the Sea of Rome about controuersies that fell out Appeales more frequeÌ„t since the Conquest Appeales before the Conquest Bede lib. 4. historia cap. 11. 13. S. VVilfrides Appeales to Rome anno 679. Beda lib. 5. histor Ang. cap. 10. Beda ibid. The second Appeale of S. VVilfride to Rome Bede ibid. Malmesbur lib. 3. de gestis Pontif. Anglorum in Vvilfridâ— Malmesb. 〈◊〉 The epiâ—â—le of S. â—â—eodorus 〈◊〉 fauour VVâ—lâ—â—id S. 〈◊〉 vvhoâ—e he had â—mpuâ—ned S. VVilfrid restored
to his Bishoprick of York the secoÌ„d tyme. Malmesb. ibidem fol. 152. The Decision and coÌ„maundement of Pope Iohn The humilitie obedience of our Kings in those ancient dayes S. Elflede Supra â—â—mâ—n 3. Many examples of Appeales Malmesb. lib. 3. de gestis Pontif. anno 745. Malmesbu de rebus gesâ—is Regum Anglor lib. 2. Pope Formosus did excoÌ„municate K. Edvvard the first and hovv the matter vvas amended * This he speaketh in respecâ— of the coÌ„uersation vvith Danes that vvere Infidells Malmesb. lib. 1. de gestis Pontificum Anglorum Decrees and ordinances of Pope Formosus for the church of EnglaÌ„d The vigilancy of ancient Popes ouer England Beda lib. 4. â—â—st Angl. cap. 8. 20. 23. A consideration of moment 6 VVhat Kings Archbishops Bishops liued togeather and vvhat lavves they vvere like to make The concurrence of Kings and Bishops in Kent and London for the first age of English Christianity 1 A necessary inference 7 The concourse vvith other Kings Princes and Catholicke people abroade The vniuersall authority of the Sea of Rome during the time of our Christian kings before the Conquest Marke the consequence 8 The maâ—ing tributary to the Sea of Rome the Kingdome â—â— EnglaÌ„d The beginning of Peter-pence Polidor Virgil lib. 5. de hist. Angl. Stovv in Inas 〈◊〉 705. K. Inas his lavves in fauour of the Pope Kings Offa his coÌ„firmation of the tribute of PeterpeÌ„ce anno Dom. 77â— The greatnes of K. Offa. The confirmation of Peter pence by King Adelnulfe anno Dom. 947. Polidor 〈◊〉 5. historia A speciall note Ingulfuriâ— histor Monasteriâ— de Crâ—yland fol. 50â— The great care King Caâ—ulus the Dane had that Peter pence or other Ecclesiasticall dutyes should be paied an 1032. Auncient lavves against M. Attorney Alredus in vita S. Eduardâ— S. Edvvards confirmation of Peter pence and other duties an 1062. Râ—â—â—rius Houiden par 2. Annal in vita Henries 2. Peter pence confirmed by the CoÌ„queror anno 1070. Peter pence continued after the Conquest vntil K. Henry the eight Anno Domini 1532. 9 The going of diuerse Kings and Princes to Rome for deuotion to that Sea * Supra Demon. 3. Acts and MonumeÌ„ts pag. 121 Beda lib. 4 histo Augiscana cap. 29. The admirable â—oing of 〈◊〉 kings to Rome S. Egvvyn Bishop of VVorcester Supra Dâ—mon 4. Platina â—â— Constantino PP Floren. in Chron. anno 723. Malmesh lib. 1. de gestis Regum Anglorum Beda lib. 5. hist. Angl. cap. 7. K. Inas his going to Rome The history of Ceadwalla his going to Rome dying there Beda ibid. The seruour of English men tovvardes Rome in these dayes An euideÌ„t deduction out of the premissâ—â— 10 The assertion and asseueration of diuerse Kings for preheminence of spirituall povver Apud Harpesfâ—ldâ—â— in histor Angl. Sacul 9. cap. 5. ex Asserte Menem Florentino Marianus in anno 9â—5 Apud Alridum Retuallo sâ—râ— de Regibus Angliâ— An excelleÌ„t speach of K. Edgar to his Bishops coÌ„cerning reformation of the Clergie Tvvo svvordes of S. Peter and Constantine acknovvledged by K. Edgar Rogeriâ—â— Houeden part 2. Annal in vita Henries secundi VVilliam Conquerors iudgement of this matter Q. Eleanor anno 1194. Blesensis epist. 146. Tertull lib. de pudicitiâ— cap. 17. Cyprian de Vnâ—ala Ecclesia The Conqueror began his raigne 1066. and raigned 21. yeares vnto the yere 1087. K. VVilliam boisterous but truly Catholik Florent 10â—6 Sâ—ovv an 20â—7 in vita Guliel Conquestoris Boisterous actions of K. VVilliam Ex Registro apud Bar. in Annal. anno 1084. Ex epist. Lanfran apud Baroâ— An. 1070. The pitifull state of EnglaÌ„d for manners vnder the Conqueror The desire of Lanâ—rank to â—â—e â—id of â—his charge Lanfrankes feare of the Conquerors â—â—ough â—ature 〈◊〉 an 1087. â—he Conâ—â—erours â—â—niâ—ent â—â—each at â—â—s death Satisfaction Stovv ibid. Greg. septimus lib. 7. epist. 1. A sharpe reprehension of Pope Gregory the 7. to the Conqueror Ibidem epist. 2â— The arguments of K. VVilliaÌ„ against Harold Matth. VVestmoâ—ast anno 1065. Malmesb. lib. 3. in vita Guhelme Conquest Stovv in the life of Harold K. VVilliam offered to staÌ„d to the Popes iudgement for his Crovvne Lanâ—bâ—â—t in Chron. anno 1076. Deposing of Stigand and other Bishops by authority of the Pope Malmesb. in vita Guliel 1. In epist. Lanfranci apud Baronium in an 1070. Lanfranke proposeth his doubts to the Pope The palls of EnglaÌ„d accustomed to be taken at Rome Sea Baron in annal Tâ—m 11. an 1070. Malmesb. l. 3. hist. in viâ— Guiâ—l Baron â—â— 1071. Stovv 〈◊〉 1071. A Councell gathered by the Popes coÌ„maundement Stovv an 1083. Charters froÌ„ Rome confirmed by the King Stovv in anno 1087. â—xfra mentis de vita Guâ—eâ—â—i The Conquerors accusation of his brother for nâ—â—ting the Church Stovv Ibidâ—m Râ—g Houeden annal paâ—â— 2. in viâ— henâ— 3. fol. 342. VVhat the peace of the church is Tvvo svvordes the one subordinate to the other The priuiledge of Ecclesiastical men in teÌ„poral Courtes Tenantâ— of the Church priuiledged Diuerâ— other lavves SaÌ„ctuary Breakers of Priuiledges Tythes PeterpeÌ„ce The Conquerors humility tovvards his Archbishop Nuâ—eâ—g Reâ—uâ— Anght l. 1. c. 1 Stovv in vit Guliel in sine The Conquerours last speech of his deuotioÌ„ tovvards the Church 7. â— 9. â—â— Quaâ—â—â—â—pedes 19. M. Attorneyes Instance of no force Povver vvaies by vvhich a lay man may Confer benefices Appropriation of Benefices Sup. cap. 6. Demon. 4. Collations of benefices Cap. Intet cap. Licet extrau de traÌ„slat epise extrau de electione cap. Cum in cunctis * Extrau de elect cap. postquam cap. Intet Canonicos cap. Scriptum est Ex capite qualiter extrau de elect Election confirmetion and consecration of a Bishop by vvhomel Extrau de postula one prelatorum cap. pennl Cap. vlt. extrau de Iure patronatus Glossa distâ—nâ—â— 63. cap. quaÌ„to extrau de postul prelatorum cap. Bonae memoriae Inuestitures desired by Princes but denyed by Popes Bald. l. rescrip in penul col in versiâ— Et ideo rex Angl. â—od de preci bus Imper. aufereÌ„dis 32. deâ—â—n cap. prater 〈◊〉 paragraph vetum dâ—stinct 96. cap Bene quidem 1. Ioan. 2. K. VVilliam Rufus began his raigne an 1087. and raigned 13. yeare to an 1100. K. VVilliam Rufus a good King for a time Florentius vvigorn an 1093. in annal Anglis Stovv an 5. Guliel Rufi CoÌ„mendation of S. Anselme Malmesb. l. 4. de Guliel 2. Florentius an 1095. Malmesb l. 1. de gâ—stis Pontif. Edmerus in vita Anselmâ— S. Anselm his pall brought him from Rome by the Popes Legat. S. Anselm his plaine dealing with K. Rufus VValsing iâ— Ypodig Neusâ—ria an 1â—97 The pitifull death of K. Rufus K. Henry the first began his raigne an 1100 and raigned 25 years vnto 1135. Florent in Chron. an 1100. The good beginning of K. Henry the first In vita Henriâ—â— primi Pope Pascalis his letter to K. Henry the first Malmesb. li. 5. annal in vit
Hen. 1. Florent 〈…〉 an 1106. S. Anselm and the King reconciled Prosperous successe of K. Henry vpon his amendement Floâ—ent VVâ—â—â— in Chron. an 1107. Malmeâ—b in â—it Hen. 1. l. 3. Hovv K. Henry of coÌ„science resigned inuestitures Houeden part 1. aâ—nal fol. 272. The meeting of K. Henry and Pope Castus at Gesòrse in NormaÌ„dy Mal. lib. 5. annal in vita Henr. 1. Polid. virgil l. de inuentoâ—ib RetuÌ„ Gratian distiâ—â— 65. cap. 22. Adrian Sigebert in Cron anno 1111. Baron in annal an 774. The beginning of inuestitures by secular Princes The vse of Inuestitures graunted only by the Seâ— Apostolicke Malmesb. l. 5. hist. in vit â—en â— fol. 94. A consideration of much moment Florent in â—â—on 〈◊〉 â—11 1213. Diuers proofes of K Henry acknovvledging the Popes Supremacy The Charter of Hen. I founder of the Abbey of Reading in the 26. yeare of his raigne and an Dom. 1125. VVeake and impertinent proofe Founders had authority to giue Charters Supra cap. â— This inâ—â—â—nce of â—o valevv Supra Ibid. K. Stephen began his raigne an â—â—35 and held it 1â— yeres and more vntill â—â—54 Vncertainty of humane designementâ— Malmesb. in Stephene Malmesb. l. 1. Hist. Nouell Malmesb. Ibid. The oath of K. Stephen for the libertyes of the Church Malmesb. Ibid lib. 1. Nouell Inconstancy of King Stephen by euill couÌ„sailors A violent act of K. Stephen Malmesb. Ibidem The K. cited to appeare before the Bishopps The kings plea by his Attourney before the Bishops K. Stephen graÌ„ted an appeale to Rome but doubteth the same DiffereÌ„ce betvvixt K. Stephens Attourney and ours Ibidem Florent an 11â—9 VValsingh in â—podâ—g Neustriae an 1142. VVilliam Archb. of York the Kings nephevv depriued by the Sea Apostolick Nuberg l. 1. hist. caep 1â— 26. Polâ—d l. 12. hist. versus finenâ— Beâ—â—ard epist â—â—4 235 237 238. 139. 251. This King raigned from the yeare 1154. vnto 1189. vvhich vvas 35. years K. Henry his temporall greatnes Nubergens l. 3. c. 25. The same handleth much more largely Petrus Blesâ—â—sis ArchdeacoÌ„ of Bath that vvas his latin Secretary many years epist. 47. K Henry punished in that vvherin he tooke most delight Rhetemag Lexomen epist and Henr. 2 epâ—â—t 253. apud Bleâ—â—â—s â—ct Bleseâ— episâ—â—la 164. ExcoÌ„munication threatned to the Queene Stovv in vâ—â— Henr. 2. Nuberg l. 3. 6. 25. K. Henry his lameÌ„table end His vertues Lavves attempted by King Henry against the Church K. Henry vehement contentioÌ„ to haue these lavves take place 〈◊〉 port 2. Aâ—nal in â—â— 1164. K. Henry the secoÌ„d made Legate of the Pope K. Henry his humility to the 〈◊〉 Apostolick K. Henry himselfe appealeth to the Pope Houed part 2. annal in vâ—â— H. 2. K. Henry appealeth the secoÌ„d time K Henry commeth from Ireland to appeare before the Popes Legates Pet. Bloson Epist. 136. The purgation absolutioÌ„ of King Henry A circumstance notably coÌ„mending the true obedience of K. Henry to the Church of Rome Pet. â—â—esen â—pistola 136. A letter of K Henry the secoÌ„d to the Pope vvritten in great affliction Stovv aâ— 1160. K. Henry founded al his state vpon the Popes authority Houed in viâ— Hon. 2. VValsing in Ypodâ—gâ—â— noustr an 1177. Diâ—erse things done by authoritye of the Pope in England The straites vvhervnto King Henry vvas driuen VVasing in Ypodig 〈◊〉 an 11â—4 K. Henry strangely deliuered The earnest and â— syncere penaunceâ— of King Henry The vvonderfull successes of K. Hen. vpon his penance See Nuberg l. 2. hist. â— 25. 33. â— Blesensiâ— epist. 153. This King raigned from the yere 11â—9 vntil 1199. that is 10. yeres Misfortunes of K. Richard King Richard deuout and obedient to the Church of Rome See Blesen epist. 64. ad Celest. PP Reg. Hoâ—ed part 2. Annal. in vit Rich. 2. King Richards behauiour oath at his coronation King Richard goeth to Ierusalem by the Popes procurement The Kingdom commended to the Popes protectioÌ„ See Houed and math Paris anno 1190. Houed iâ— vit Rich. 1. fol. 375. Diuers Appellations from the King to the Pope Houed Ibid. fol. 376. King Richard sent his mother to Rome to entreate the Pope Houed part 2. An. pag. 392. Houeden Ibid. fol. 326. King Richardes letter to P. Clement the 3. Pope Celestines letter to the Realme of England The Bishop of Ely fauored defended by the Pope and the King Nubergens reiuÌ„ Angl. l. 4. cap. 17. Geffrey the kinges brother by authority of the P. made Archbishop of Yorke Nubergens Ibidem cap. 25. King Richards fortunes letted by his brothers ambition enuy of the K of France King Richards captiuity in Austria See Pet. Blesen epest 144. ad Celest. PP Q Eleanores coÌ„plaints vnto Pope Celestinus â—les epist. 145. Q. Eleanora her petition to Pope Celestinus Ibid. epist. 146. Matt. 16. Epist. 6â— ad Celest. â—P The speach of the Archbishop of Reane in K. Richards behalfe coÌ„cerning S. Peters povver Sap. â—â—p 6. 〈◊〉 10. A manifest inference vpoÌ„ the premises against M Attorney Houâ—d in vt Râ—â—â— 1. fol. 445. Hovv small and little spirituall iurisdiction King Richard pretended Paris iâ— vit Rich. 8. Hunting and hauking reproued by the Pope in our English Bishops â—â—uâ—d in vita Ruâ—ar 1. fol. 428. Ibid. fol. 176. Geffrey restored to his Bishopricke by Pope Innocentius Disgust appeale of the Archb. of Roane against K. Richard This King began his raigne an 1199. and raigned 18. yeres vnto an 1216. Variablenes of K. Iohn The pretences of the Dolphin of France to England K. Iohns obeyng the Sea Apostolick Houed 2. part Annal. fol. 458. K. Iohn pretended no supremacy Ecclesiasticall A councel hâ—ld against the kings prohibition Houed in viâ— Ioan. fol. 461. The piety of K. Iohn in the beginning of his raigne K. Iohne humility and liberalitye K. Ioâ—ns mutation to the vvorse See vvalsing in â—pedig anno 1204. and Math. Paris anno 2215. The first occasioÌ„ of K. Iohns breach vvith the Church churchmen Great offence and indignation of K. Iohn against Clergie men Houed Ibid. Many vvish that Pope Innocentius had dealt more myldly vvith K. Iohn Extreme acts of K. Iohn in his indignation Paris in vit Ioan. an 1210. Paris Ibid. an 1212. Math Paris Ibid Paris anno 1213. in vit Ioan. King Iohn offered subiection to the K. of the Moores The straÌ„ge coÌ„trariety of King Iohn The aydea that King Iohn receaued from P. Innocentius The church-liberties confirmed by K. Iohn and the Pope Paris an aâ— 15. See Fox his pageants of the toade skinned to prepare the poisoÌ„ vvith other circuÌ„stances pag. 133. of his Acts and monuments All ancieÌ„t English lavves against M. Attorney K. Henry the third began his raigne 1216 and dyed anno 1â—7â— hauing 56. yeres The coronation beginning of King Henry the third Math. Paris in vit Hen. 3. an 1216. Temporal homage done to the Sea Apostolick by King Henry the third Bles epist. 136. ad Alex. PP Vvalsingâ—m in 〈◊〉 Nousâ—ria
tryall of all OF THE SECOND SORT OF PROOFES NAMED DE FACTO VVherto M. Attorney betaketh himselfe alleadging certaine Instances therin And first out of our Kings before the Conquest CHAP. V. THE whole bulke of M. Attorneyes booke such as it is consisteth as before hath byn noted in the recitall of certayne lawes or peeces of lawes and therfore called by him Reports or Relations of clauses found in his Commonlawes or Statutes that may seeme somwhat to sound against the absolute IurisdictioÌ„ Ecclesiasticall of the Bishops and Sea of Rome or to the restraint therof vnder certayne Kings and in certaine occasions and to ascribe vnto the said Kings some Ecclesiasticall power in those cases as afterwards shal be seene Wherin first is to be considered that which before hath been obserued that he abandoning as it were the first head of proofes De Iure flyeth only to the other De facto which alwayes holdeth not for that all factes doe not infer necessarily the right of equity and Iustice as before hath been shewed And secondly if all the examples De facto were graunted in the sense as by him they are set downe yet are they farr of from prouing his principall as often afterwards vpon many particular occasions shal be declared For that his said principall Conclusion is as yow may knowe that Queene Elizabeth by the ancient Common lawes of England had as full and absolute power and Ecclesiasticall Iurisdiction as by any spirituall or Ecclesiasticall person had euer byn at might lawfully be exercised within the Realme And these Instances by him alleadged doe concerne but certaine peeces and parcells of Iurisdiction in some particular cases and causes as by examination wil be found Wherfore to drawe neere to this examination we must vnderstand that M. Attorney rightly deuideth the tymes of our Kings into before and after the Conquest and I shall willinglie follow him in this diuision and search out what Ecclesiastical lawes or Ordinances there were made in those dayes by our Kings of those ages for his or our purpose 2. And first before the Conquest when our best English Kings were most eminent if we respect pietie and religion as liuing neerer to the origen fountaine of their first conuersion fernour of Christian spirit out of this tyme I say and ranke of our Christian Kings froÌ„ Ethelbert the first to K. Edward the last before the Conquest for of K. Harold we make little accompt he being an intruder and raigning so small time and with so many troubles as he did they being otherwise aboue a hundred in number within the space of almost fiue hundred yeares two only inferences he produceth and these of very small moment as presently will appeare yet let vs heare how he beginneth and what Preface he maketh to his proofes in these words To confirme saith he those that hold the truth and to satisfye such as being not instructed know not the ancient and moderne lawes and customes of England euery man being perswaded as he is taught these few demonstratiue proofes out of the lawes of England in steed of many in order serie temporum are here added This is his Preface wherin he promiseth as yow see demonstratiue Proofes which are the strongest most cleer euident and forcible that logicke doth prescribe in any science but we shal be enforced afterward to admitt proofes of a lower degree then demonstrations as by experience you will find Wherefore to the matter 3. His first instance is taken out of the words of a certaine Charter giuen by King Kenulfus of the VVestsaxons some two hundred and fifty yeares after the conuersion of K. Ethelbert of Kent confirmed afterward by K. Edwin Monarch of all England which Charter beginneth thus Kenulfus Rex c. per literas suas patentes consilio consensu Episcoporum Senatorum gentis suae largitus fuit monasterio de Abindon in Comitatu Bark euidam Ruchino tunc Abbati monasterij c. quandam ruris sui portionem id est quindecim mansias in loco qui à ruriculis tunc nuncupabatur Culnam cum omnibus vtilitatibus tam in magnis quam in modicis rebus Et quod praedictus Ruchinus 〈◊〉 ab omni Episcopali iure in sempiternum esset quietus vt habitatores â—iuâ— nullius episcopi aut suorum officialium iugo inde deprimantur sed in cunctis rerum euentibus discussionibus causarum abbatis monasterij praedicti decretis subijciantur itae quod c. Thus goeth the Charter which though M. Attorney thought not good to put in English but to set downe both his pages in Latin yet wee shall translate the same for the better vnderstanding of all sortes of Readers K. Kenulfus c. by his letters parents with the Counsell and consent of the Bishops and Councellours of his nation did giue to the monasterie of Abindon in Barkshire and to one Ruchinus Abbot of that monastery a certaine portion of his land to witt fifteen mansians in a place called by the countreymen Culnam with all profittes and commodities both great and small appertaining therevnto And that the foresaid Ruchinus c. should bee quiet from all right of the Bishop for euer so as the inhabitants of that place shall not be depressed for the time to come by the yoke of any Bishop or his officers but that in all euents of thinges and controuersies of causes they shall be subiect to the decree of the Abbot of the said monasterie so as c. 4. Thus goeth the Charter which if it were all graunted by vs as it lyeth yet is it far of as you see from inferring M. Attorneys conclusion that K. Kenulfus was head of the Church or had supreame power Ecclesiasticall It might make it probable that hee had some Iurisdiction in some particular case but what or how much that was or whence hee had it either of himself or by delegation of another to wit of the Popes or Cleargie that is not euident by the Charter But let vs see what M. Attorney can make of these words for that lawyers commonly can make the most of matters to their aduauntage First he will needs inforce out of his Charter that this K. Kenulfus tooke vpon him Ecclesiasticall Iurisdiction for thus hee writeth By this it appeareth that the King by this Charter made in Parlament for it appeareth to be made by the Councell and consent of his Bishops and Senatours of his kingdome which were assembled in Parlament did discharge and exempt the said Abbot from the Iurisdiction of the Bishop c. And by the same Charter did graunt to the same Abbot Ecclesiasticall Iurisdiction vvithin his said Abbey VVhich Ecclesiasticall Iurisdiction being deriued from the Crowne continued vntill the dissolution of the said Abbey in the raigne of K. Henry the 8. So hee 5. In which words three things are affirmed by him wherof I hould neuer a one to be
certaine and the last euidently false For neither doth it appeare by the words of the Charter that the King did exempt the said Abbot from all Iurisdiction spirituall of the Bishop but rather of some temporall interest or pretense that the Bishop of that Diocesse might haue or pretend to haue in those daies Nor doth he seeme to haue giuen Ecclesiasticall Iurisdiction to the Abbot but rather temporall concerning controuersies that might arise about the lands of the lordship of Culnam wherof he had made donation to the said monastery And thirdly howsoeuer this might bee the third point and cheife conclusion is false that he either gaue or tooke away Iurisdiction by his owne power deriued from his temporall crowne for this was impossible as before in the second Chapter of this answere hath been shewed but rather by some spirituall Iurisdiction cōmitted vnto him by some other higher Ecclesiasticall power either of his Bishops gathered togeather in Parlament or Synod or of the Bishop of Rome himself all which three points wee shall breiflie here shew and therby conclude that M. Attorney his inference sett out with a Nota in the margent is worth no note at all but onlie of weaknes and impertinencie 6. For first to begin with the second it doth not appeare by the words of this Charter that the King did graunte to the same Abbot Ecclesiasticall Iurisdiction within his said Abbey but only that in all euents and discussions of causes or controuersies arising about the foresaid Lordship of Culnam giuen vnto the said monasterie the Tenants therof should stande to the Decree of the said Abbot and not haue recourse to the Bishop of the Diocesse who before perhaps pretended temporall Iurisdiction ouer them or at least-wise ouer that Lordship of Culnam And this coniecture is greatlie confirmed by a Canon of a Nationall Synod held in Hereford almost a hundered yeares before this vnder Theodorus Archbishop of Canterbury the 24. of September Anno Christi 670. and related by S. Bede where the third Canon of the Councell decreeth thus Vt Quacunque monasteria c. That all monasteries consecrated to God noe Bishop hath authoritie to inquiet them nor violentlie to take from them any thing of their goods c. wherby appeareth that some Bishops in those daies did pretend also temporall Iurisdiction ouer monasteries and their goodes which heer K. Kenulfus would preuent in this his monasterie to which he gaue his Lordshipp 7. And by this also the other point is confirmed that it doth not appeare by the force of these words that the Abbot was exempted from all spirituall Iurisdiction of the Bishop by this Charter of the King though otherwise by some priuiledge of the Pope I doubt not but he was it being a thing common lightly to all Abbots for he saith only Abomni Episcopali Iure from all right of the Bishop and not Iurisdiction which might be meant as hath been said of some temporall right pretended ouer that Lordship and was found now not to be iust or for that the said Bishop in Parlamēt or otherwise for M. Attorney holdeth that all this was done in Parlament had renounced his temporall right therin which before hee pretended to haue or that the King made this declaration of the monasteries exemption for he seemeth rather to haue declared what was done or graunted then to ordaine it himself by force of the foresaid Synodicall Decree of the Ecclesiasticall Councell before mentioned 8. And truly that the words of this Charter doe seeme rather to meane temporall then spirituall Iurisdiction in this place though I doubt not as I said but that they were exempted in the one and in the other by the priuiledges of the Sea Apostolike accustomed in such cases that which ensueth in the said Charter doth much confirme to witt that the Abbot should be quiet from the Bishops right and that the inhabitants from thence-forward should not be depressed by the Yoke of the Bishops officers Which importeth as much as that they had byn vniustly disquietted depressed before the same noe way seeming fittly to agree to be spoken of Bishops Ecclesiasticall Iurisdiction and consequently it is not improbable that only temporall Iurisdiction is heere talked of and so neither spirituall Iurisdiction taken from the Bishop nor giuen to the Abbot by the King in his Charter 9. But howsoeuer this were or may bee most certaine it is that M. Attorney his inference and conclusion is manifestly false to witt that it vvas deriued from his Crowne For albeit it were euident that the meaning heere were of spirituall Iurisdiction yet might the King haue that power to giue the exemption which he did to the monastery either from the Bishops gathered togeather now in the Parlament or before in Synod as hath been said renouncing all their Iurisdictiō therin or he might haue it from the Pope which is most likely for that all such priuiledges and exemptions were demaunded in those dayes at his hands by Princes and founders of pious workes And the said Popes made ordinary graunts therof as in our dayes also they doe and this is different sorte and manners For that sometimes they graunted the same immediatly as from themselues sometimes they gaue comission to Princes to giue it in their names and some other times they confirmed that which Princes had done before in this kinde vnder ratihabition or future allowance or ratification by the Sea Apostolike 10. And of all these three sorts many examples might be alleadged but that I shall haue occasion againe in the next Chapter to treate more largly of these points where I shall shew that in this very time when Kenulfus liued his neighbour King Ossa of the Mercians demaunding the Canonization of S. Alban the Protomartyr of England at the hands of Adrian the Pope as also that he might build a Monastery in the place where he was martyred and this as Parisiensis saith Ab omni Episcoporum subiectione emancipandum To be free and exempted from all subiection of Bishops the Pope graunted both his demaunds answering him thus as the same author recordeth VVe doe most willingly giue our cōsent to your petition for building of a monastery and doe priuiledge the same and vvhen you haue made your Charter or priuiledge vvee shall afterwards confirme strengthen your Originall vvith ours and exempt that monastery from all iurisdiction both of Bishops and Archbishops subiecting it immediatly vnto our Apostolike Sea So hee Wherby we see that a temporall King and founder of a monastery or other pious worke might giue priuiledges either by commission or vnder ratihabition as before hath been said 11. The like examples we finde in the liues of King Edgar and S. Edward the Confessor and many others that demaunded obteined confirmation and exemptions for pious works erected by them of the Popes of their times But for that these examples will be more fittly produced in the sequent
annexed sequels 46. And I might alleadge heere diuers particular examples of King Kichards respectiue proceedings towards both the Sea of Rome and Clergy of his Countrey as namely in the first wheras Pope Vrban the 6. being truly and Canonically elected Pope in Rome afterward against him the Archbishop of Arles in France being chosen for Anti-Pope by a faction of French-Cardinals that named him Clement the 7. King Richard stood zealously with the said true Pope and not only made a Statute in Parlament that whosoeuer should be obedient to any other person as Pope but only to Pope Vrban should be out of the Kings protection and his goods seased as the words of the Statute are but also some yeares after that againe when the said Pope Vrban had appointed Henry Bishop of Norwich to be his Captaine general to passe ouer into Flanders and by force to constraine the said schismaticall Pope to surcease that diuision the said King not only allowed but assisted also that enterprise 47. And as for the Clergy of his Realme and their spirituall iurisdiction how much he respected it appeareth by that the Archbishop of Canterbury and some other Bishops that assisted him hauing publikely pronounced the sentence of excommunication vpon the yeare 1379. against certaine persons that had broken the priuiledges of Sanctuary in the Church and Monastery of VVestminster and shed bloud therin for taking out a certaine person in the Kings name the said King albeit he was thought to haue byn the abetter â—hereof yet did he finally obay the said Censures and soone after in the same yeare at his Parlament of London it was ordained saith VValsingham Quod immunitates priuilegia Ecclesia VVestmonasteriensis illibata manerent that the libertyes priuiledges of the Church of VVestminster should remaine whole and inuiolate 48. Wherefore now to answere the instance or obiectioÌ„ which M. Attorney alleadgeth out of the foresaid Statute of the 16. yeare of this King where the law of Premunire the losse of goods and lands other punishments are appointed for such as doe procure processe and sentences of excoÌ„municatioÌ„ which touched the king their Lord against him his crowne and his regalitie c. as larglie you maie see it set downe in the whole Statute out of M. Attorneys booke I answere that whosoeuer shall attentiuelie read the whole contexture of this Statute with that which before wee haue sett downe both in this in the precedent kings life he shall see that this Statute doth rather make against M. Attorneys purpose of supreme spirituall iurisdiction then anie waie for him For that first of all the verie proposition to the Parlament doth concerne temporal power and not spirituall saying that the Crowne of England hath been at all times free and onlie subiect to God immediatlie and to none other and that the same ought not in anie thing touching the maiesty or regalitie of the same Crowne bee submitted to the Bishop of Rome nor the laws and Statutes thereof to bee taken away or mablect by him c. 49. This then being the proposition of the Commons which is euidently to bee vnderstood of temporall regalitie and thinges thereunto belonging the temporall Lords assented absolutelie vnto it But the Archbishop Bishops Abbots and other Ecclesiasticall Prelates that made the cheife and highest parte of the Parlament distinguished yea made protestations as the Statute saith that it was neuer their meaning to witt either in K. Edwards daies or now to saie that the Bishop of Rome might not excommunicate Bishops or make translation of Prelates from one Sea to another after the law of holie Church yet if this should bee done at anie time in great preiudice of the King or his realme as that sage men or Counsellours should therby be drawne from him without his knowledge or against his will or that the substance and treasurie of his Realme should bee in daunger to be destroyed by sending out money or giuing it to his aduersaries or other like inconueniences ensue against the Kings state and realme indeed then they did graunt that this might bee esteemed against the Kings regalitie c. whereby wee see in what sense and with what limitation they did yeeld to such like Statutes in those daies pressed by the importunitie of the laie partie but yet far from the meaning of M. Attorney who would haue men thinke that heerby they confessed K. Richard to bee Head of the Church which himself expresly denieth in his forenamed Statute in fauour of Pope Vrban whom hee calleth the onlie true head of the Church and for such commaundeth him to bee obaied and respected vnder the paines before mencioned And so much of K. Richard who not long after fell into great misery lost both his commaundry and life and came to a pitifull end full of affliction and desolation as our histories doe testify and set forth at large OF THE THREE KING HENRYES OF THE HOVSE OF LANCASTER The fourth fifth and sixth vvho raigned for the space of threescore years And what is obserued out of their raignes concerning our Controuersie with M. Attorney CHAP. XIII AFter the three Edwards before mentioned vnder whom the first restraints were made for the exercise of certaine externall points of Ecclesiasticall iurisdiction as you haue heard and after the pitifull end of their successor inheritour K. Richard the 2. entred and ensued in the Crowne three Henries of the line of Lancaster who had variable successe in their liues and temporall affaires though in religion and particularly in this point of our controuersie about spirituall power and iurisdiction they were all one 2. King Henrie the 4. being Duke of Lancaster and sonne of the often fore named Iohn of Gaunt that was the fourth sonne of K. Edward the 3. seing the disorderly gouernment of K. Richard the 2. his Cosen germaÌ„ the auersion of his peoples affection from him for the same cause came out of France where he liued in banishement raised powers against him pursued and tooke his person caused him to be deposed by Parlament and himself chosen in his place with great applause of the people which yet turning away from him soone after againe he was forced for his safetie defence not onlie to make away the same K. Richard in Pomfret Castle but also to take armes suppresse and cut of the greatest and cheifest men that had aided and assisted him to gaine the said Kingdome And finallie after a troublesome raigne of 13. yeres he died vsing these words before his death as they are registred by Stow and others I sore repent mee that euer I charged my self with the Crowne of this Realme c. 3. King Henry the 5. his eldest sonne succeeded him for the space of ten years and though he were a most excellent Prince warlike and fortunate gained the possession of almost the whole Kingdome of France yet had