confined and circumscribed with in his boundes and limits But the authority of the Bishop of Rome is like vnto the Ocean inuironing the earth or to the highest heauens incompassing all therefore in such cases wee must haue recourse to the Bishop of Rome ORTHOD. To whom had Frumentius recourse for the conuerting of India The Story whereof is this A Tyrian Philosopher arriuing in India was slaine by the Barbarians with all his company except two little children which were gone out of the shippe and were learning their lessons vnder a tree These children were brought vp by the King and aduanced by him one of them that is Adesius beeing made his Steward the other that is Frumentius his Secretary Afterward the King dying and leauing his sonne in his nonage the Queene intreated them both but especially Frumentius to assist her in the Gouernement of the kingdome While Frumentius was in this authority hee inquired among the Romane Merchants for Christians hee shewed them all fauour and countenance and admonished them to haue their assembles for praier and the seruice of God When the King came to age they deliuered him the kingdome and departed Adesius to Tyre Frumentius to Alexandria where hee went to Athanaesius and told him what was done intreating him to send some worthy Bishop to those multitudes of Christians and to those Churches which were built in that barbarous place Then Athanasius calling an assembly of Priests said Where shall we finde such a man in whom is the spirit of God to performe these things so hee made Frumentius Bp. sent him into India and the Lord blessed his labours signes and wonders were wrought by him and an infinite company of those barbarous people were conuetted to the faith This Story is recorded by Ruffinus who liued at the same time not out of the rumors of the people but by the relation of Adesius himselfe the companion of Frumentius who was afterward a Priest of Tyre And Socrates Theodoret and Sozomen doe all borrow the same from Ruffinus Thus Athanasius sent a Bishop to conuert India without consulting with the Bishop of Rome which verely he would haue done if hee had thought it necessary But the Pope then did challenge no such thing neither did that age ascribe it to him Wherefore the Kings sending to Eleutherius was not of necessity but because it stood most with his conueniencie PHIL. You are vnthankefull and vnwilling to acknowledge your obligation to Rome ORTHOD. We confesse a singular blessing from thence deriued vnto vs. For Eleâ—therâ—us sent Fugatius and Danatianus otherwise called Damianus by whom ioyning with Eluanus and Meduinus Christian Religion was aduanced Then King Lucius was baptised and many of his people Then the Druides were remoued and in their roomes christian Preachers placed Then the Temples which had beene founded to the honour of their many Gods were dedicated to the one and onely true God thus Idolatry was dispoiled of her pray and Dagon did fall downe before the Arke of Israel For the better vnderstanding whereof it must be obserued that the Romanes before this time had diuided Britaine into three Prouinces one of them was called Maxima Caesariensis the Metropolis wherof was Yorke Another Britannia prima the Metropolis wherof was London the third Britannia secunda the Metropolis wherof was Caerlegion Now in other cities they had their Flamines In these three noble Cities were the seates of the Arch flamines so there were 28. Flamines and three Archiflamines in stead of which so many Bishops Arch-bishops were appointed This is denied by Gultelmus Paruus but Lelandus confuteth him first by Asserius Meneuensis who was schoolemaster to King Alfred secondly by Geraldus in Dialogo Syluestri thirdly by Ptolomeus Lucensis who saith in the life of Eleutherius that the three Protoflamines of Britaine were conuerted into so many Archbishops Concerning their seates Lelandus addeth London of the Trinobantes and Yorke of the Brigantes did vndoubtedly shine with this dignitie therefore where is the third seate where but in Wales in which point though I hold my peace Trithemius is an euident witnesse Hitherto Lelandus Now although Britaine was after the Nicen Councell diuided into fiue Prouinces Valentia and Flauia Caesariensis being added to the former yet there were no new Archbishoprickes erected The reason whereof was because those two new Prouinces were taken out of the former and consequently could not haue Bishoprickes without the diminishing of the authoritie of the former in whose iurisdiction originally they were which was not sufferable because it was against the Canon of the Nicen Councell decreeing that in Antioch and in other Prouinces the dignities prerogatiues and authorities of Churches should be maintained PHIL. Were not all these Bishoprickes erected or at least confirmed by the authoritie of the Bishop of Rome ORTHOD. When the King desired to receiue from him the Romane Lawes hee returned this answere That there were already in Britaine the olde and new Testament out of which by the Councell of his kingdome hee might take a Law to gouerne his people For he was the Vicar of Christ in his owne Kingdome And as hee did not interpose himselfe in matters temporall so neither doth it appeare that hee did in matters spirituall or ecclesiasticall Hee sent not one Preacher into Britaine before hee was entreated by the King Neither doe wee finde that hee assumed to himselfe any authoritie in erecting of Bishoprickes Neither did that age ascribe it vnto him as may appeare by the former example of Athanasius but it seemeth that the King being supreme Gouernour euen in religious causes within his owne Kingdome and assisted by learned Preachers established such gouernment and in such places as was most conuenient Yet make we no doubt but Eleutherius both gaue them instructions what hee thought fittest to be done if the Lord should blesse their labours and likewise approued it with ioy of heart when hee heard it was done not by vertue of any iurisdiction but out of a Christian deuotion Their diuersitie of ceremonies and their reiecting of Austin may induce vs to think that they had neuer beene vnder the Romane Patriarch And it is most likely that as the Churches of Cyprus had a gouernment within themselues exempt from the Iurisdiction of all others so the Churches of Britaine a little world without the world might bee gouerned by Primates of their owne and exempt from all forraine Iurisdiction PHIL. DId not the Bishop of Rome deliuer them from Arianisme and Pelagianisme ORTHO If it were so yet this would not argue any Papall Iurisdiction but onely Christian compassion But indeed it was not so We read in Bede that the land was infected with these heresies That Rome did recouer it we reade not He telleth how that at the request of the Britaines the French met in a Synod and sent Germanus and Lupus two reuerend Bishops by whose
her raigne admonished all her louing subiects not to giue credit to such persons professing that she neither did nor would challenge any other authority then was challenged and vsed by king Henry the 8. and Edward the 6. and was of ancient time due to the imperiall crowne of this realme that is vnder God to haue the soueraignty and rule ouer all manner persons borne within her realmes dominions and countries of what estate either ecclesiasticall or temporall soeuer they be so as no other forraigne power shall or ought to haue any superiority ouer them And that no other thing was is or should bee meant or intended by the same oath Which was also further declared man act of Parliament the fifth yeare of her raigne with relation to the former admonition and moreouer fully explained in the Articles of religion in these words We giue not to our Princes the ministring either of Gods word or of the Sacraments which things the iniunctions lately set foorth by Queene Elizabeth doe most plainely testifie but onely that prerogatiue which wee see to haue beene giuen alwaies to all godly Princes in the holy Scripture by God himself that is that they should rule all estates and degrees committed to their charge by God whether they bee ecclesiasticall or temporall and restraine with the ciuill sword the stubborne and euill doers This is the substance of the title due to the imperiall crowne of the Kingdome PHIL. If it be due to the imperiall crowne then it skilleth not whether the Prince be man woman or child nor of what religion For the Princely power was no lesse in Traiane then in Theodosius in K. Henry then in Q. Mary In Q. Mary the enemy of the new Gospellers then in Queene Elizabeth their protectour yea it was no lesse in King Lucius before hee was baptized then after And consequently the Emperour of the Turkes may bee called supreme gouernour in causes ecclesiasticall within his owne dominions ORTHOD. Here are two things to be considered First the princely power and authority Secondly the ability rightly to vse and exercise the same The princely power and authority is giuen immediatly froÌ„ God both vnto Christian Princes and also vnto Ethnickes which are guided only by the light law of nature and by constitutions thence deduced by the wit of man For this is true in all By me kings raigne And Daniell said to Nabuchodonosor O king thou art a king of kings for the God of Heauen hath giuen vnto thee a kingdome power and strength and glory But the ability rightly to vse and exercise this authority by refering it to the true end that is the glory of God for all our riuers should run into that Ocean the eternall good of the subiects is communicated from the Lord aboue onely to such as know him in Christ Iesus and are guided by his grace The fountaine therefore of al power is God himselfe as the Apostle witnesseth saying there is no power but of God To which purpose it is well said of Saint Austin Qui dedit Mario ipse Caesari qui Augusto ipse Neroni qui Vespasiano vel patri vel filio suauissimis imperatoribus ipse Domitiano crudelissimo ne per singulos ire necesse sit qui Constantino Christiano ipse Apostatae Iuliano i. He that gaue it to Marâ—â—s gaue it to Caesar hee that gaue it to Augustus gaue it to Nero he that gaue it to Vespasian the Father or his sonne most sweete Emperours gaue it also to Domitian the most cruell And that I should not neede to recken vp the rest in particular hee that gaue it to Constantine the Christian gaue it also to Iulian the Apostata But though domination and power were in the law of nature yet the right vse of it is not from nature but from grace A Prince as a Prince be he good or bad Christian or Pagan in respect of his princely calling hath sufficient power and authoritie to gouerne his people according to the will of God And it is his dutie so to doe The Lord said vnto Cyrus I will goe before thee and make the crooked streight I will breake the brasen doores and burst the Iron barres And I will giue thee the treasures of darkenesse and the things hid in secret places that thou maiest know that I am the Lord. Vpon which wordes Saint Ierom noteth that God giueth kingdomes vnto wicked men not that they should abuse them but as for other reasons so for this that being inuited by his bountie they should bee conuerted from their sinnes So it is their dutie to serue God not onely as they are men but as they are Kings And Kings saith Saint Austin doe in this serue God as Kings when they doe those things to serue him which none but Kings can doe But what is that It may appeare by these wordes Seruiant reges terrae Christo etiam leges ferendo pro Christo. i. Let the Kings of the earth serue Christ euen by making lawes for Christ. For though the immediate end of humane societes be peace and prosperitie yet the last end of all and most principally to bee respected is the glory of God and eternall happinesse For which purpose it is the dutie of all subiects to pray for their Prince though hee bee a Pagan that vnder him they may liue a godly and peaceable life in all godlinesse and honestie But though euery Prince in that hee is a Prince hath authoritie to serue God as a Prince yet for the due execution thereof there is required grace Authoritie is in a Pagan the due execution requireth a Christian. The King of Niniuie had authoritie long before to proclaime a fast Nabuchodonosor had authoritie to commaund that all nations and languages should worship the God of Daniel but they put it not in execution till God touched their hearts and when they put it in execution it was not by any new authoritie but by vertue of their former Princely power heretofore abused but now vsed rightly by direction of Gods Spirit and assistance of his grace The truth of which answere that you may see in another glasse let vs a little remooue our speech from the Prince to the Priest I demande therefore if the Priestes the sonnes of Aaron were not the messengers of the Lord of hosts PHIL. Yes verely as saith the Prophet Malachy ORTH. But he may be a false prophet an Idolater an Apostata he may turne Pagan or Atheist Is such a Priest the messenger of the Lord of hosts PHIL. A Priest in respect of his office ought so to be ORTH. But the Prophet speaking of the wicked Priest which seduceth the people saith not he ought to be but he is the messenger of the Lord of hosts PHIL. A Priest as a Priest be he good or bad in respect of his priestly calling and authoritie is the messenger of the Lord of
strangers a common courtesie is a token of arrogancie And a proud looke doeth argue a proud heart according to the saying A man may be knowen by his looke PHIL. It is the iudgement of S. Iohn the Apostle That we must vouchsafe such men as are diuided from the Catholicke Church no honour or office of courtesie in these words If any man come to you and bring not this doctrine receiue him not into house neither say vnto him God saue you ORTHO How can you apply this to the British-Bishops who confessed as Bede relateth That they vnderstood that to be the true way of righteousnes which Austin had preached Yea Parsons the Iesuite affirmeth That the faith which S. Austin brought and that which the Britaines had before must needs bee one and the selfe same in all materiall and substantiall points PHIL. They were all Schismaticks and guiltie of departing from the Church of Rome ORTHOD. How could they depart from it seeing they were neuer lincked to it by any bond of obedience For when should Rome haue any such iurisdiction ouer Britaine At the first planting of Religion You cannot proue it In the dayes of Eleutherius it doeth not appeare that euer he chalenged any such thing And euen their maner of Baptizing obseruing Easter and other Ecclesiasticall institutions contrary to the customes of the Church of Rome make more then probable proofe that Britaine was not vnder the iurisdiction of the Bishop of Rome Wherefore though we cannot excuse the Britaines for refusing to ioyne with him in the conuersion of the Saxons yet wee must needs say they had iust reason to refuse to put their necks vnder his yoke And surely if Austin had not had a proud spirit hee would onely haue requested their helping hand for the Lords worke and not haue sought dominion ouer them for himselfe and for his lord the Pope Yet the pride of his spirit and his aspiring cogitations may further appeare in that he demaunded of Gregorie i How he should deale with the Bishops of Britaine and France thereby affecting not only to haue iurisdiction ouer the Britaines but ouer the French also Which Gregory well ynough perceiuing answered We gaue thee no authoritie ouer the Bishops of France for that of ancient time of my predecessours the Bishop of Arles receiued his Pall whom we must not bereaue of his authoritie Thus much of his pride NOw whether he were the cause of the massacre following I will not define You shall heare the opinion of Amandus Xierixensis a Frier Minorite When the Brittans saith hee were Catholiks the Saxons were Gentiles for the conuersion of whom blessed Gregory sent Austin and Mellitus which conuerted the Saxons but when Austin would haue brought the Bishops and Abbots of the Brittans by Apostolicke authority that they should receiue him as Legate and preach with him to the English discord was mooued for their disobedience to Saint Austin and so warre was raised betweene the Kings of the Brittans and of the Saxons which now beeing conuerted would haue subdued the Brittans to Austin Bede himselfe testifieth how Austin threatfully prophesied that if they would not take peace and bee at concord with their brethren they should receiue warre from their enemies and if they would not preach to the Englishmen the way of life they should suffer at their hand and by their power the vengcance of death Now because the euent did answere to the speech it is called a prophesie For what followed Edilbert King of Kent moued Edelfride King of Northumberland to ioyne with him against the Brittans and there was made a bloudy massacre the narration whereof is thus set downe by Galfridus Monemutensis In a part of the Brittans Christianity yet flourished the which beginning in the daies of Eleutherius neuer failed among them When Austin came hee found seuen Bishopricks and an Archbishopricke supplied with very godly Gouerners and Abbies a great number in which the flocke of Christ was kept in good order Besides other Cities in the Citie of Bangor there was a most noble Church of 21. hundred monks all liuing with the labour of their hands Their Abbot was named Dinooch a man marueilously well learned who by diuerse arguments made it appeare when Austin required the Bishops to bee subiect vnto him that they ought him no subiection Edilbert therefore the King of Kent as soone as hee saw them refuse to yeeld obedience to Austin and despise his preaching stirred vp Edelfride and other Princes of the Saxons to gather a great army and goe to Bangor to destroy Dinooch and his Clergie Who taking the City commaunded the swords of his men to bee turned first vpon the monkes so twelue hundred of them the same day decked with martyrdome entred the kingdome of Heauen If they were martyrs what were they that made them Martyrs If the Saxons were persecutors and did persecute them to that end that they might make them subiect to Austn what then is to bee thought of Austin It had beene the dutie of Austin saith Lelandus to haue admonished the Saxons that perfidious nation that if they would admit Christianity sincerely they should restore to the iust Lords and possessours the Empire of Brittaine which contrarie to the oath of warfare they had occupied by tyranny If Austin sought by any sinister meanes to enlarge his owne iurisdiction hee was farre vnlike to Palladius Bishop of Scotland who as Polydor witnesseth besought Constantine their king with many prayers that hee would not assist with armes the idolatrous nation of the Saxons against the Christian Brittans PHIL. Saint Bede saith that Saint Austin long before that time was taken out of this life to the kingdome of Heauen ORT. That is not Saint Bedes but some false finger hath foysted it in For a learned antiquary skilfull in the Saxon language affirmeth that it is not found in the Saxon copie Hitherto of circumstances incident to his person Now at last let vs come to his ordination and I hope you will confesse him to be a canonicall Bishop PHIL. HEe was most canonicall For as Doctor Stapleton declareth out of Saint Bede hee was sent from the Bishop of Rome the successor of Peter and consecrated by the Bishops of France ORTHOD. Pope Gregory saith hee was consecrated by the Bishops of Germany PHIL. That is the fault of the copie for it should not bee Germaniarum but Galliarum as Baronius thinketh ORT. When did the French Bishops ordaine him PHIL. After he had bin a while in Brittaine and had conuerted diuers ORTHO Baronius is perswaded by a place of Gregory that it was before the conuersion of the English but by whom was hee ordained PHIL. Saint Bede saith that it was performed by Aetherius Archbishop of Arles ORTHOD. Baronius saith that Aetherius was Bishop of Lyons not of Arles and that Virgilius was then Bishop
once of minde to haue proceeded no further But after the funerall of his father some of his Councell alleadging reasons and producing the Popes dispensation so preuailed with him that the marriage proceeded and they had issue besides those that died in their infancie the Lady Marie This was misliked of many insomuch that when a motion was made of a marriage betweene the Duke of Orleance and the Lady Mary one of the Counsellours to the French King made a doubt whether shee were the king of Englands lawfull daughter because shee was begotten of his brothers wife which scruple was first mooued in the Court of Spaine and thence was spread to France and Flanders Moreouer Cardinall Woolsie aduised Longland Bishop of Lincolne the Kings Confessor to admonish him of it Which the Bishop modestlie refused as fitter to bee performed by himselfe So the Cardinall vndertooke the businesse to whom the King answered Take heed that you call not againe into question a thing which is alreadie iudged About three daies after Longland beeing brought by Wolsey vnto the King entreated his Maiestie That hee would permit the matter to bee considered and examined In the meane time the Cardinall did cast abroad rumors among the people concerning the blemish of the former marriage and how both the Germanes and French men misliked the same which hee is supposed to haue done not of conscience but of malice and subtilty because hauing missed the Popedome by the Emperours meanes hee would bee reuenged of the Queene which was the Emperours Aunt and withall hee is said to haue commended vnto King Henry The beautifull Ladie Margaret Sister to the French King hoping by the assistance of two such mightie Princes in time to aspire to the Popedome WHich proiect though God which scattereth the imaginatiōs of the proud disapointed him of his purpose was such that nothing could haue bin inuented either more profitable for the kingdome or more pernicious to himselfe the Pope and the Court of Rome For this scruple did kindle such a fire in the kings bosome that it vexed his very soule and conscience Whereupon the king being desirous to haue the matter decided to the vttermost so farre preuailed with Pope Clement the seuenth that hee appointed two Cardinals to heare the matter Wolsey Archbishop of Yorke Campeius who arriued the seuenth of October 1528. At this time there was great war between Charles the Emperor and Francis the French king about the kingdome of Naples wherein the Pope wished that the French might preuaile least the Emperour obtaining it should sit too close vpon his skirts Wherefore to weaken the Emperour he moued a league betweene the English and the French for procuring whereof hee did not onelie referre this matrimoniall cause to his said Legats but also of his owne meere motion no man requesting him gaue Campeius a secret Bull in his bosome dated the sixth of the kal of Ian. anno 1527. Wherein hee infringeth the former dispensation affirming that the king could not continue in such a matrimonie without sinne Whereupon he decreed that after the declaration of the nullitie of the former marriage and the kings absolution it should be lawfull for him to marry another This Bull hee forbad him to shew to any saue onely to the King and Cardinall Woolsey And though openly he commaunded him to handle the cause with all expedition yet secretlie hee willed him to protract the time promising that hee himselfe would watch a fit oportunitie to publish the Decree So the King and Queene were cited to appeare before them in May following at which time after some debating of the cause they protracted the sentence till the beginning of August notwithstanding the Kings earnest entreatie to haue a finall determination one way or other for the better quieting of his troubled conscience When August came the King expected an end but the crafty Cardinals considering that if they should iudge according to Gods law it would bee a great derogation from the Church of Rome deuised delayes so Campeius alleadged that hee was a member of the Court of Rome whose custome was to keepe a solemne vacation in the dogge daies and thereupon deferred iudgement till October following In the meane time the Pope seeing that King Henry could not bee drawne by hope of diuorce to take part with the French sent to Campeius Commanding him to burne the former Bull. And before the beginning of October Campeius was called home by the Popes letters The King beeing thus deluded sent to the Pope at Bononie requesting some end but hee would needs pause vpon the matter till he came to Rome ABout this time it pleased the diuine prouidence so to dispose that the King for his recreation went to Waltam twelue miles from London in the way imparted his griefe to Stephen Gardiner his Secretary and Doct. Fox his Almoner intreating them to bee carefull in so weighty a cause It fell out that they lodged in the house of one Master Cressy whither Cranmer also beeing tutor to two of Master Cressyes sonnes was come at that time with his pupils by reason of the plague then in Cambridge At supper they asked his iudgement concerning the Kings cause hee answered that nothing did more prolong the cause nor more torment the Kings conscience then the dilatory protractions and winding inuolutions in the Romane Court with which snares whosoeuer are once intangled doe hardly euer recouer themselues Wherefore hee thought good that leauing those Courtly trials and delayes wherewith the King was so tossed with such griefes of minde The opinions of Diuines both in our owne Vniuersities and in others should bee enquired concerning this cause which is determinable by the Lawe of God and not by the Law of man And if the Diuines shall agree and pronounce that the marriage is lawfull or vnlawfull by the Law of God let not the king seeke any more to the Court of Rome but cause sentence to bee giuen in his owne dominions according to the iudgement of the Diuines so being cheerefull in minde and free in conscience hee may liue a Princely life and worthy this common-wealth in lawfull matrimonie which is to be wished of all vs Christian subiects This answere pleased them exceedingly and they presently related it vnto the King to whom Doctor Fox made mention of Cranmer but Gardiner would haue challenged all the glory to themselues Then said the King Where is that Cranmer hee hath the sowe by the right eare If I had knowne this deuice but two yeeres before I might haue saued much charges and trouble so the King conferred with Cranmer and commanded him to set downe his minde in writing at the deliuery whereof the King asked him if hee would stand to iustifie that which hee had written before the Bishop of Rome Cranmer answered yea that I will doe by Gods grace if your Maiestie doe
send mee thither Marry quoth the King and to him will I send you So hee was sent with the Earle of Wiltshier Embassadour to the Pope who thrust out his glorious foote to bee kissed of them which they refusing the Earles spanniell running somewhat too familiarly did catch and bite him by the great toe Then the cause of their Embassage being declared the Earle deliuered Cranmers booke to the Pope and with all tolde him that hee had brought with him learned men out of England which were ready to defend by Scriptures Fathers and Councels whatsoeuer was contained in that booke against all that should contradict it The Pope promised sundry times a day of disputation but dallied out the matter as his Legates had done before in England so giuing them honourable entertainment hee made Cranmer his penitentiarie and dismissed them Then the rest returning Cranmer was sent by the kings appointment Embassadour into Germany to the Emperour where hee drewe many vnto his side and among the rest Cornelius Agrippa Moreouer the King did not onely consult with the most learned Diuines and Lawyers in the whole kingdome but also caused the question to bee publiquely disputed in the Vniuersities of Oxford and Cambridge both which did vtterly condemne the marriage Neither did hee thus rest but sent Bishop Bonner to the Vniuersities of France and Italie which affirmed vnder their seales that the marriage was vnlawfull and that no man might dispense with it Where it is to be obserued that some of these Vniuersities professe that they tooke an oath euery man to deliuer and to study vpon the foresaide questions as should bee to the pleasure of God and according to conscience After these determinations were reade in open Parliament there were shewed aboue an hundred bookes drawne by Doctours of strange regions which all agreed the kings marriage to bee vnlawfull Now to proceed the King considering the Popes dealing forbad all suites to the Court of Rome by proclamation in September 1530. which Sanders calleth the first beginning of the manifest schisme About the same time Cardinall Wolsey was cast in a premunire and all the Bishops of England for maintaining the power Legatine of the Cardinall But the Bishops beeing called into the Kings Bench before the day of their appearance concluded an humble submission offered the King I 18000. pounds to pardon the premunire and withall gaue him the title of Supreme head of the Church of England Yea Archbishop Warham told him that it was his right to haue it before the Pope and that Gods word would beare it Which proceedings in England did so kindle and enflame the Popes choller that neither the bookes of learned men nor the determinations of Vniuersities nor the offering of disputation nor his owne former Bull and Decree could now hinder him from giuing a contrary publick definitiue sentence dated in his consistorie at Rome the twentie third of March Anno 1532. ABout this time dyed Archbishop Warham while Cranmer was Embassadour in Germany and vpon the vacancie of the Archbishopricke the King sent for him home with purpose to aduance him to that great dignitie but he pretended matters of great importance requiring his abode in Germany by which meanes he deferred his comming for halfe a yeeare And being come home and perceiuing that the place was reserued for him hee imployed his greatest friends to shift it off When the King did personally impart his intent vnto him hee disabled himselfe by all possible meanes vsing all perswasions to alter the Kings determination When he saw the Kings constant resolution he humbly crauing pardon of his grace franckly opened his conscience vnto him declaring that if hee accepted that office then hee must receiue it at the Popes hand which he neither would not could doe for that his highnesse was the onely supreme gouernour of this Church of England as well in causes ecclesiasticall as temporall that the donation of Bishoprickes belonged to the King and not to any forraine authoritie whatsoeuer All which proceedings doe not argue any ambitious or aspiring cogitations but rather an humble and lowly minde preferring the sinceritie of a good conscience before all glorious pompe and worldly dignities The King seeing the tendernesse of his conscience consulted with the learned in the law how hee might bestow the Bishopricke vpon him and yet not enforce him to any thing against his conscience In conclusion hee tooke the oath to the Pope but not after the manner of his predecessours as Sanders slanderously affirmeth For then hee should haue taken it simply and absolutely which hee did not but with a protestation expressing the condition and qualification Neither did hee make his protestation priuately in a corner and then take the oath in publicke as Sanders would make the world beleeue for if this could bee proued then had you reason to condemne him of fraud and periurie but it was not so He did not vse his protestation in any secret and concealed manner like to equiuocating Papists which take oaths in absolute words and yet delude them with mentall reseruations but he made it plainely and publickly first in the Chapter house secondly kneeling before the high Altar in the hearing both of the Bishops and people at his consecration Thirdly in the very same place and in the very same forme and tenour of wordes when by commission from the Pope they deliuered him the Pall. And the summe of the protestation was this that hee intended not to binde himselfe to anything which was contrary to the lawe of God or contrary to the king or common wealth of England or the Lawes and prerogatiues of the same nor to restraine his owne libertie to speake consult or consent in all and euery thing concerning the reformation of Christian religion the gouernment of the Church of England and the prerogatiue of the Crowne or the commodity of the Common wealth and euery where to execute and reforme such things which he should thinke fitte to be reformed in the Church of England and according to this interpretation and this sence and no otherwise he professed and protested that he would take the oath Now if you censure Cranmer because he qualified his oath with such a protestation what censure shal be giuen of your Popish Bishops before Cranmer which took two absolute othes to the King and to the Pope containing manifest contradiction as K. Henry himselfe declared causing thē both to be read in open Parliament And Cranmer hath made the point plaine both in his answere to B. Brookes and in his letters to Queene Marie Or if you censure Cranmer for swearing to the Pope with Qualification what censure will you giue of Heath Bonner Thurlby and the rest that in King Henries daies tooke absolutely the oath of Supremacie which euidently excludeth the Popes authoritie BVt to returne to K. Henry who seeing
him by not doing that which hee commaundeth and by hindring him from executing his will yet it is not lawfull to iudge him or punish him or depose him which belongeth to none but the superiour ORTHOD. And you must consider that it is one thing to punish by vertue of Iurisdiction ouer a partie and another thing to hinder the iniuries which the partie endeauoreth actuallie to inferre as the Venetian Doctours haue prooued out of Caietan Turrecremata and Bellarmine Now King Henry did challenge no iurisdiction but ouer his owne subiects and within his owne dominions yet it was fit that in his owne necessary defence hee should remoue papall iniuries by prouiding as it became a vertuous Prince for the quiet of his owne conscience and the good of his subiects Which blessings could neuer haue beene procured if the Pope had still enioyed his vsurped authority in England PHIL. You shall not perswade mee but that King Henry was guiltie both of Schisme and heresie Onuphrius saith that Paul the third did thinke him vnworthie to bee accounted in the number of Christians ob inauditum heresis crimen that is For such a crime of heresie as had not beene heard of ORTHOD. What meant the Pope thinke you when hee condemned him for heresie Sigonius recordeth that in a Councell at Mentz in the presence of the Emperor there was a disputation Vtrum Henricus Regio titulo a Gregorio spoliari potuisset that is VVhether Henry the Emperour might bee depriued of the title of a King by Pope Gregorie Wherein most of the Bishops assented to Geberardus defending the Popes authority So it came to passe that Vecilo Archbishop of Mentz beeing of the contrarie opinion was branded for heresie in an other councell wherein Otho Bishop of Ostia the Popes Legat was present And the same Sigonius saith that the Emperour Henry the fourth renouncing his Fathers heresie did imbrace the obedience of the Pope Not to performe obedience to the Pope was his Fathers heresie but his sonne was a gracious Catholicke for shewing obedience to the Pope though therein hee were an vngracious sonne against his owne father PHIL. Onuphrius saith That king Henry the eight followed Noua nefaria Lutheri dogmata the new and wicked opinions of Luther Bellarmine saith that in England in the reigne of Henry and afterwards in the reigne of Edward the whole kingdome did after a sort slide backe from the faith ORTHOD. That which you call Heresie and Apostacy is true religion and that which you honour with the name of true religion is full of Heresie and idolatry Many papall abuses were discouered in the daies of King Henry moe in the daies of King Edward so the Gospell was like to the light which shineth more and more to the perfect day the brightnesse whereof abolished both the Pope the Popish religion Afterward when Queene Mary had restored both the Lord stirred vp the spirit of Queene Elizabeth who with an inuincible courage reformed religion And that which shee happily begunne our gracious Soueraigne King Iames hath happily continued Neither can any man accuse them of Schisme vnlesse they will accuse the holy Apostle Saint Paul who When certaine were hardened and disobeyed speaking euill of the way of God before the multitude hee departed from them and separated the Disciples As the Apostle practised this in his owne person so hee gaue the like commaundement to others If any man teach otherwise and consenteth not to the wholesome words of our Lord Iesus Christ and to the Doctrine which is according to godlinesse c. From such separate thy selfe And the Lord crieth by his Prophet Goe not vp to Bethauen This Bethauen was Bethel but her idolatry made her Bethauen therefore goe not vp to Bethauen If Rome which was sometimes Bethel the house of God become Bethauen the house of vanitie then thou must not goe vp to Bethauen Goe out of Babylon my people goe out of Babylon if Rome which was some times a pure virgine become the whore of Babylon then go out of Babylon my people least you be partakers of her plagues Wherefore al Christian Kingdomes were bound to separate themselues from the erronious and idolatrous Church of Rome PHIL. Thus you say But I rather account of the iudgement of the Church of Rome which noteth both them and you for schismatickes and heretickes CHAP. IX Whether Schisme and Heresie annihilate a Consecration ORTHO WHether we or you be guiltie of those crimes God the righteous iudge will one day reueale In the meane time let vs admit though for al your brags you are neuer able to proue it that Cranmer vpon his reuolte from the Pope did presently become a schismatick and an hereticke Yet tell mee in good sooth Philodox doeth a Bishop falling into schisme and heresie cease to be a Bishop doth hee loose his power of giuing orders PHIL. It is a disputable point and I can tell you that great Clerkes seeme to bee of that opinion Pope Innocent saith that those which are Baptized of heretickes are receiued with their Baptisme but the ordained of heretickes are not receiued with their order And againe the ordained of Heretickes haue their head wounded And againe it is affirmed that hee which hath lost the honour cannot giue the honour and that hee which receiued receiued nothing because there was nothing in the giuer which hee could receiue Which he sealeth vp with this conclusion Aquiescimus verum est We yeeld and it is true Pope Iohn the twelfth caused those which were ordained of Leo 8. a schismaticall Pope to say Pater meus nihil habuit sibi nihil mihi dedit that is my father had nothing to himselfe and nothing he gaue to me Pope Nicolas the first saith No reason doth teach how Gregory who was Canonically and Synodically deposed and excommunicated can promote or blesse any man therefore Photius receiued nothing of Gregory but that which he had but he had nothing he therefore gaue nothing He which stoppeth his ears from hearing the law his prayer shal be abhominable if abhominable then not to be heard if not to be heard then vneffectuall if vneffectuall then verily it bringeth nothing to Photius Wherefore though Cranmer had a lawfull consecration yet it seemeth when hee fell into schisme and heresie hee lost his order and power of ordination Therefore the Bishops in King Edwards time consecrated by Cranmer receiued nothing because Cranmer had nothing to giue And the Bishops in Queene Elizabeths time consecrated by those whom Cranmer did consecrate receiued nothing because their consecrators had nothing to giue And those which now succeede them receiued nothing because their predecessours had nothing to giue ORTHO Take heed Philodox least while you goe about to put out our eyes you put out your owne For if your allegations be sound what shall become of Bonner Bishop of London what shall become of
Hitherto of the circumstances now we come to the deposition it selfe CHAP. II. The Deposition of the Bishops iustified by the example of Salomon deposing Abiathar PHIL. IN a lawfull Deposition there must be sufficient authority proceeding vpon a iust and sufficient cause Now let me aske you by what authoritie were the old Bishops deposed ORTHOD. And I might aske you by what authoritie Salomon deposed Abiathar PHIL. You are still telling vs of Salomon and Abiathar If a king depriued this high Priest an other high Priest that is Iehoiada depriued Queene Athalia both of her kingdome and life ORTHOD. Q. Athalia No Queene sir by your leaue Ioas the true heire of the kingdome was then aliue and he was the true King by right of inheritance therefore she was no Queene but a wicked vsurper Your Defence of Catholicks might teach you so much which calleth her A pretenced Queene and saith That she vsurped the kingdome Yet behold with what blindnesse and giddines they are stricken which traiterously oppose themselues against their Prince and countrey Cardinall Allen is not ashamed to bring the example of Iehoiada deposing Athalia that vsurping and pretenced Queene to proue that the Pope hath authoritie to depose lawfull Princes Neither did Iehoiada this as being high Priest but whatsoeuer he did in this case he might haue done it though he had not bene high Priest For Iehosheba his wife was daughter to king Iehoram and sister to king Ahazia who was father to Ioas and consequently she was aunt to King Ioas So Iehoiada her husband was of the next alliance that the yong King had Yea and when Athalia like a bloodie Tyger murthered the kings seed Iehosheba the wife of Iehoiada conueyed away her nephew Ioas out of the middest of the kings sonnes which were massacred and hid him and his nurse in a chamber and kept them close 6. yeeres in the House of the Lord. So Iehoiada by Gods prouidence was made Protector of the Kings person yea and when the time came wherein he thought fit to disclose him he first acquainted the Fathers of Israel and the Captaines and so proceeded with their consent Therefore what did hee herein but protect the person age innocencie and title of his Lord and Soueraigne whereto he was bound by the Law of Nature and Nations Therefore when you bring this to proue the Popes Supremacie you mistake the matter you cannot shew vs in Scripture where euer a Priest deposed a lawfull Prince The Kings of Israel were all of them idolaters and so were 14. of the Kings of Iuda yet not one Priest or Prophet did so much as euer offer to depose any one of them but we shew you in Scripture this plaine example where Salomon the Prince remoued Abiathar the lawfull Priest PHIL. IT is one thing to relate the actions of kings and another thing to approue the authoritie ORTHOD. Did the Spirit of God thinke you relate this onely as an Historian and not approue the action or dare you accuse Salomon as proceeding in this case without authoritie If Salomon had no authoritie to depose Abtathar then there must needs be a nullitie in the Deposition For how can any Iudiciall action be of validitie when there is no authoritie in the Agent If the Deposition were a nullitie then Abiathar still retained the true right title and interest to be high Priest But what could there be two high Priests at one time PHIL. Surely no for though S. Luke say that the word of the Lord came vnto Iohn when Annas and Caiaphas were high Priests yet we must not thinke that they were both high Priests in equall authoritie at once For the word Summus Sacerdos or princeps Sacerdotum is taken three wayes First whereas the Priests were diuided into 24. Orders the chiefe of each Order was called Princeps Sacerdotum The Prince of the Priests or high Priest Secondly there was a Colledge of 72. Seniours which was called Synedrin the first or chiefe whereof was also called The Prince of the Priests or high Priest Thirdly it is taken both most properly and most vsually for him that had the first and chiefest place of all to whom the other Princes of the Priests were subiect Now Baronius thinketh that S. Luke called Annas an high Priest because he was both the Prince and highest of his Order and also the Prince and highest of the Synedrin but Caiaphas in his iudgement was called high Priest because he was simply and absolutely highest of all in which sence there can be but one high Priest at once nor euer was Vnum tantummodo non duos simul ante post haec tempora summum Sacerdotem penes Iudaeos fuisse certum exploratumque habeatur That is It is certaine and a tried trueth that there was one onely high Priest among the Iewes not two at once both before and after these times speaking of the time of Annas and Caiaphas Hence Cardinall Bellarmine with other of our learned diuines doe commonly conclude that As there was but one visible gouernour in the Church of the old Testament so there should bee but one in the Church of the New ORTHOD. If there could be but one high Priest at one time and Abiathar notwithstanding that hee was put from the possession still retained the true right title and interest to be high Priest then Sadok was not a lawfull high Priest but an intruder vpon another mans right what say you to this PHIL. It were hard to call Sadok an intruder for Sadok idem est quod iustus reuera fuit Sadok nomine factis that is Sadok doth signifie iust and indeed he was iust both in name and deeds ORTHO If Sadok were no intruder but a lawfull high Priest then Abiathar ceased to bee high Priest for you say there could not bee two at once If Abiathar ceased to bee high Priest then the place was lawfully voide but how was it void Not by death for Abiathar was still aliue not by resignation or voluntary cessation for wee finde no such matter How then no other reason can with reason bee imagined but onely because hâ—e was deposed by Salomon If the place were iustly and lawfully voide by vertue of this deposition then it must needes bee a lawfull deposition and consequently it must bee done by lawfull authority For if the deposer had no authority then could not the deposition bee lawfull wherefore as you confesse that Sadok was lawfull high Priest so you must likewise confesse that Salomon in casting out Abiathar and placing Sadok had lawfull authority PHIL. WHat if he had was he not a Prophet as well as a King ORTHO All the bookes of the old Testament are called by the name of Prophecy because they prophecied of Iesus Christ therefore the pen men thereof which did speake as they were moued by the holy ghost amongst which was
Salomon may rightly be called Prophets PHIL. I say that Salomon deposed Abiathar not as a king but as a Prophet and executer of diuine iustice ORTHOD. As though the King as a King were not an executer of diuine iustice yes Philodox it is the King as King which beareth not the sword in vaine it is the king as king which is The minister of God and a râ—uenger of wrath to him that doth euill therefore the King as King is the executer of diuine iustice And so when you say not as a king but as an executer of diuine iustice you put those things asunder which the Lord hath put together againe when you say that hee did it As a Prophet and an executer of diuine iustice you put those things together which the Lord hath put a sunder for a Prophet as a Prophet is the mouth of the Lord the executer of diuine iustice is not the mouth but the hand of the Lord the hand and the mouth must be distinguished PHIL. I will proue that Salomon did it as a Prophet For in the same place it is sayd that Salomon put out Abiathar that hee might fulfill the words of the Lord which he spake against the house of Eli in Shilo ORTHOD. Doe you thinke that such like speeches import the finall cause and the intents of the Agents The souldiours seeing the coate of Christ to be without seame wouen from the top throughout said one to another Let vs not diuide it but cast lots for it whose it shal be that the Scripture might bee fulfilled which saith they parted my garments among them and on my coate did they cast lots doe you imagine that the soldiours had any intent hereby to fulfill the Scripture Euen iust as much as Iudas had when hee sold his master for thirty peeces of siluer or Herod when hee slue the infants or the Iewes when they gaue him vineger to drinke They had no purpose in so doing to fulfill the Scripture yet God so disposed that by their action the Scripture was fulfilled Likewise your owne Bishop Tostatus may teach you that in this place the particle vt doth not signifie the finall cause but the consecution But what if Salomon had done it to that very end and purpose that the word of the Lord concerning the house of Eli might be fulfilled would this prooue that he did it as a Prophet Iehu when he had slaine Iehoram said to Bidkar a Captaine Take him and cast him in some place of the field of Naboth the Iezrelite for I remember that when â— and thou rode together after Ahab his father the Lord laide this burthen vpon him surely I haue seene yesterday the bloud of Naboth and the bloud of his sonnes sayd the Lord and I will render it thee in this field saith the Lord now therefore take and cast him into the field according to the word of the Lord The casting of him into the field was not onely a fulfilling of the prophesie but it was also commaunded to bee done euen directly to that end that the prophesie might bee fulfilled yet I thinke you will not say that Iehu was a Prophet so farre are you from prouing that Salomon did it as a Prophet PHIL. Either as a King or as a Prophet not as a King and therefore as a Prophet ORTHOD. NOt as a King why so the Lord had promised that Salomon should sit vpon the Throne of Dauid his father so Salomon was heire apparant to the crowne by Gods owne appointment yet for all this Adonias exalted himselfe and sayd I wil be king and Ioab and Abiathar helped him forward they said God saue King Adonias Whereupon all three were guilty of high treason against the king and all three were punished by the king PHIL. True by the king but not by kingly power ORTHO Yes by kingly power the king did it as a king And to beginne with Adonias the king granted him a conditionall pardon that If hee shewed himselfe a worthy man there should not a haire of him fall to the earth but if wickednesse were found in him hee should die and therefore when hee desired Abisha to wife the wisdome of the King reaching into the profoundnesse of the policie did interpret it as a meanes of aspiring to the kingdome So King Salomon sent by the hand of Benaiah the sonne of Iehoiada and hee smote him that hee died Who did this the spirit of God saith that King Salomon did it so it is ascribed to the King yea it is cleare that the King did it as a King for who could pardon treason but a King as a King Or who should draw the sword of iustice against malefactors but he that beareth not the sword in vaine that is the King by the power and authoritie of a King Concerning Ioab it was tolde Salomon that he was fled to the Tabernacle of the Lord and Benaiah sayd thus saith the King come out and hee sayd nay but I will die here and Benaiah brought the King word againe and the King said doe as hee hath said and smite him in all which there was nothing but the execution of iustice which belongeth to a King as a King Now to come to Abiathar his offence against the King was the same and the Scripture ascribeth the punishment in the same tenour of wordes vnto the king Then the King said vnto Abiathar the Priest euen the king who in the former verse commaunded Adonias to bee slaine that is the King as a King which may appeare further by that which hee said Goe to Anathoth to thy owne fields in which words hee confineth him which is the action of a King And againe thou art worthy of death but I will not this day kill thee because thou barest the Arke of the Lord God before Dauid my Father and because thou hast suffered in all things wherein my Father hath beene afflicted In which wordes hee granteth life to one that had deserued death and who could doe this but a King So Salomon cast out Abiathar from being high Priest vnto the Lord Where wee see death changed into depriuation All which doe argue the power of a King yea it is said that the King put Benaiah the sonne of Iehoiada in the roume of Ioab ouer the hoast which vndoubtedly belonged vnto the King as hee was King and it followeth immediately in the same verse and the King set Sadok the Priest in the roume of Abiathar Thus you see that the whole course of Scripture ascribeth it to the King as a King and why should you thinke otherwise PHIL. BEcause in the old Testament the Leuites were free by the law of God from the power of secular Princes For in the third of Numbers God doth not once but often repeate that the Leuites are properly his owne and that he hath chosen them
then to the Church of Rome And what office will she take more kindly then the discrediting of those whom she accounteth Heretickes therefore I doe not wonder that you put it in practise I feare nothing but that shortly it shall grow with you a point meritorious Well the Stripe of the rodde maketh markes in the flesh but the stripe of the tongue breaketh the bones But let them remember That the tongue which lyeth slayeth the soule And that all lyers shall haue their portion except they repent in the lake that burneth with fire and brimstone PHIL. WHatsoeuer is to be thought of the place yet I will proue by the Lawes of England That neither he nor any of his associats were lawfull Bishops ORTHOD. By the lawes of England how proue you that PHIL. It was ordained by the Parliament in the daies of Henry the eight that no man should be acknowledged a Bishop vnlesse he were Consecrated by three Bishops with the consent of the Metropolitane which law was reuiued by Queene Elizabeth and in full strength at the time of the Consecration of Mathew Parker but Mathew Parker was not so Consecrate and therefore by the lawes of England he was not to bee acknowledged for a Bishop For what Archbishop was either present at his Consecration or consenting vnto it Cardinall Poole then late Archbishop of Canterbury was dead and Parker elected into his place Nicholas Heath then last Archbishop of Yorke was deposed Indeed there was a certaine Irish Archbishop whō they had in bonds prison at London with whom they dealt very earnestly promising him both liberty and rewards if so be he would bee chiefe in the Consecration But hee good man would by no meanes be brought to lay holy hands vpon heretikes neither to be partaker of other mens sinnes Wherefore hauing neither Archbishop of their owne religion nor being able to procure any other the Consecration was performed without a Metropolitane cleane contrary to the lawes of England ORTHO What if both Sanders and you abuse the lawes of England in this point as indeed you doe For the words are these And if the person bee elected to the office dignity of an Archbishop according to the tenour of this act then after such election certifyed to the kings highnesse in forme aforesaid hee shal be reputed and taken Lord elect of the said office and dignity of Archbishop whereunto hee shal be so elected and after he hath made such oth and fealty onely to the kings Maiesty his heires and successours as shal be limited for the same the kings highnesse by his letters patents vnder the great seale shall signifie the said election to one Archbishop and two other Bishops or else to foure Bishops within this Realme or within any other the kings Dominions to be assigned by the kings highnesse his heires or successours requiring and commaunding the said Archbishop and Bishops with all speed and celerity to confirme the said election and to inuest and Consecrate the said person so elected to the office and dignity that he is elected vnto and to giue and vse to him such pall benedictions ceremonies and other things requisite for the same without suing procuring or obtayning any Bulls Briefes or any other things at the See of Rome or by authority thereof in any behalfe Where it is cleare that the King his heires and successours might by the statute send letters patents for Consecration of an Archbishop either to an Archbishop and two Bishops or else to foure Bishops therefore it might be performed without an Archbishop and yet not contrary to the lawes of England PHIL. ADmit this were true yet it auaileth you nothing for Math. Parker was Consecrated neither by three nor by two much lesse by foure though by your owne confession the law required foure ORTHOD. How know you that were you present at his Consecration or did you learne it of any that were present PHIL. I cannot say so but it is very likely because the Catholike Bishops being required to crowne Queene Elizabeth refused all except one ORTHO That one was Owen Oglethorp Bishop of Carlill but hee was none of the Consecrators of Archbishop Parker For he continued in your Popish religion refused the oth of the supremacy was therefore depriued PHIL. That was the common case of them all but one For one alone I must confesse was made to breake vnity of whom a right good and Catholike Bishop said to a Noble man wee had but one foole amongst vs and him you haue gotten vnto you little worthy of the name of a Bishop and Lord whose learning was small and honour thereby much stained And hee as it seemeth was the onely Bishop which you had therefore Math. Parker could not be Consecrated by three ORTHO Hee whom you meane was Anth. Kitchin Bishop of Landaffe who was in the commission but was none of the Consecratours therefore you shoot at randome and misse the marke PHIL. Whence then had you your Consecrators Surely you did not goe to the Churches of the Caluinistes and Lutherans if peraduenture they had any ORTHOD. We did not PHIL. Then you must bee glad to runne to your vsuall refuge that you had one from Greece Alas my masters you are narrowly driuen when you are forced to flie to such miserable shifts ORTHOD. This tale proceeded not from Eudaemon but from Cacodaemon the father of lies No Sir wee needed no Grecian though it pleaseth you to play the Cretian PHIL. If you had neither Bishops of your owne nor procured any either from the Catholike Church or from the reformed Churches or from the Greekish Church then it is true which Doctor Kellison reporteth out of Sanders That they made one another Bishops ORTHO Though Sanders in that booke hath almost as many lies as lines yet he hath not this loude lie it is the inuention of Kellison himselfe you promise demonstratiue reasons and when your argument comes to the issue where all your strength should lie you bring nothing but slender surmises flying reportes and detestable lies Doe these goe at Rome for demonstrations But I will answere you with euidence of truth which may be iustified by monuments of publike record QVeene Mary died in the yeere 1558 the 17. of Nouember and the selfe same day died Card nall Poole Archb. of Canterbury the very same day was Queene Elizabeth proclaimed The 15. of Ianuary next following was the day of Queene Elizabeths Coronation when Doctor Oglethorp Bishop of Carlill was so happy as to set the Diadem of the kingdome vpon her royal head Now the See of Canterbury continued voide till December following about which time the Deane and Chapter hauing receiued the congedelier elected maister Doctour Parker for their Archbishop Iuxta morem antiquum laudabilem consuetudinem Ecclesiae praedictae ab antiquo vsitatam inconcusse obseruatam i. proceeding in this
succeeded for Constantine died the same yeere that he sent the sanction Mandauit vt non crearetur pontifex sine consensu Exarchi commanded that the Pope should not be made without the consent of the Exarch which mandate was put in practise the yeere following in the election of Conon For Anastasius declareth that when the Clergy people and Roman army had subscribed Missos pariter vna cum Clericis ex populo ad excellentissimum Theodorum Exarchum direxerunt that is They directed some of the people ioyned with the Clergie as Messengers to the most excellent Theodorus the Eâ—arch for what purpose may appeare by Platina Omnes ad quos pertinebat eum confirmabant idem fecit Theodorus Exarchus all to whom it belonged confirmed him the same did Theodorus the Exarch Hitherto of the Greek Emperors CHAP. VII Of the election of Popes from the Emperour Charles to Otho WHen the Emperour Leo the third opposed himselfe against the worshipping of Images Pope Gregorie the second did not only excommunicate him but also a forbad the Italians to yeeld him either tribute or obedience whereupon it came to passe that a great part of Italy reuolting Rome and the Roman Duke dome did fall to the Pope the rest to the King of the Lombards Afterward when there arose variance betweene the Pope and the Lombard so that the Lombard beseiged the City the seige was raised by the meanes of Charles Martell who then had the administration of the Kingdome of France After whose death his sonne Pipin being made King of France by meanes of Pope Zechary one good turne requiring another did not only defend the Pope against the Lombard but also hauing conquered Rauenna and the territories therof he gaue all the possessions of the Exarch and also Pentapolis as a patrimony to Saint Peter which gift his sonne Charles hauing fully conquered the Lombard and subdued Italy confirmed and inlarged This was Charles the Great King of France by inheritance of Italy by conquest who was called the Emperour of the Romans that he might bee distinguished from the Greeke Now as before this time the Greeke Emperour had power in elections so after this time the Emperour of the Romans For Pope Adrian with a whole Synode deliuered to Charles the right and power of choosing the Pope and disposing the Sea Apostolike and graunted to him the honour to bee Patricius and defined that Bishops through all Prouinces should take Inuestitures from him and that a Bishop should be consecrated by none vnlesse he were first inuested by the Emperour 2. PHIL. THat which you bring of the grant of Adrian to Charles is a lie a fiction an imposture ORTHOD. It may bee proued by a world of witnesses worthy and famous men which haue set the truth in the cleere light and made it shine as the noone day PHIL. It is a tale deuised by Sigebert in fauour of Henry the fourth a schismaticall Emperour which challenged inuestitures and though many writers haue recorded it yet they were all deceiued by Sigebert hee was the first authour and from him they haue sucked it as Cardinall Baronius hath learnedly declared ORTHOD. If they all sucked it from Sigebert then it seemeth they thought him an honest man that they durst publish a matter of so great importance onely relying vpon his credit and if so many haue for diuerse hundred yeeres had so good an opinion of him why should Baronius seeke to blemish his name and brand him with reproch But what if Sigebert were not the authour of it what if it were recorded by Historians before Sigebert was borne euen by the Popes owne friends euen by Anastasius the keeper of the Popes Library Baronius his elder brother PHIL. It is not for Anastasius is extant and there is no such matter ORTH. There it was but it melted away as it passed through the fire of purgatory PHIL. Why doe you thinke that Anastasius hath beene purged ORTHOD. There is no doubt of it it behoued you to looke about Ne quid Romana curia detrimenti caperei i. least the Romane Court shoulde suffer any losse PHIL. These are vncharitable coniectures vnlesse you can proue that Anastasius wrote it ORTHOD. That is proued out of Platina as cleare as the noone day who saith That the keeper of the Library writeth that Lodowick gaue to Pascall free power of choosing Bishops when as before that time the Emperour was asked about that matter Which power the same authour reporteth to haue beene granted to Charles by Pope Adrian Heare you this Platina telleth vs that the grant of Pope Adrian to Charles was reported by the keeper of the Library that is by Anastasius for he was the famous keeper of the Library who wrote the liues of the Popes vntill Nicholas the first as Onuphrius thinketh or as Baronius iudgeth vntill Steuen the sixt Thus it appeareth that it was in Anastasius though now it be not And here let vs admire the wisedome of God who discloseth the workes of darkenesse and reuealeth what is done euen in your priuy chambers For Baronius remembring none who recorded this before Sigebert but Anastasius might flatter himselfe that if he could father it vpon Sigebert hee should doe well enough for those worthy writers and noble historians which haue from time to time deliuered this story by the space of 340. yeeres hee cutteth them all off at one blow as being all deceiued by Sigebert Sigebert himselfe hee discrediteth as writing partially in fauour of Henry the fourth a schismaticall Emperour And as for Anastasius the popish physitions gaue him a purgation to cleanse him from such noisome humors But marke the mischiefe of it they did not remember that Platina in Pope Pascall had blazed to the world that Anastasius wrote it for if they had you may be sure they would haue put a gag in his mouth But now Platina hath plaied the blab Sigebert is found an honest man and popish packing and iugling is come to light Blessed be God which taketh the craftie in their owne wile and maketh their wisedome folly But that euery bird may bee adorned with his owne fethers I confesse that the honour of this discouerie next vnto God belongs to master Carlton who like a good Northren blood-hound after hee had once got the sent did followe the footing till hee had found out the theefe Baronius hath beene thought in the search of antiquities to haue the eye of an Eagle and the strength of a Lion his Annalls haue beene accounted a treasure-house of antiquitie but vpon better view he is found to haue beene the Popes parasite his booke litle better then a foxes burrow This wilie foxe hath beene vnkenelled by D. Rainolds about Pope Honorius by master Alexander Cooke about Pope Ioane and now by master George Carlton about Pope Adrian Iohan. Marsilius saith that there is a book to come forth
time of the Emperour Iustinian vsed to pay for their ordination yet he added this clause vt non debeat ordinari qui electus fuerit nisi prius decretum generale introducatur in regiam vrbem secundum antiquam Consuetudinē vt cum eorum conscientia iussione debeat ordinatio prosperari i. that the party elected ought not to be ordained vnlesse first the generall decree of his election strenthned with the subscriptions of the electors were brought into the imperial city according to the ancient custome that so the ordination might prosperously proceed with the knowledge and commandement of the Emperours Wherefore if we imbrace this sence of the Canon we may iustly say Decretum hoc iuris veteris vel restitutio vel continuatio non concessio noui 1. this decree to speak properly is either a restoring or a continuing of an ancient right not a grant of a new and consequently this was no priuiledge proceeding frō the grace and bounty of the Pope but a voluntary and ingenuous confession of the Princes right But some do follow the other sense extending the decree euen to a sole and plenare power of electing at his owne pleasure without the Clergie and people For Duarenus saith thus In ancient time the Bishop of Rome vsed not to be ordained without the consent and authoritie of the Roman Emperour and all kings vsed in a maner the same power in the Churches of their owne kingdomes yet the right of Electing was not therfore taken away from the Clergie but afterward the right of the electing the Romane Bishops was of their owne accord altogether granted and permitted to the Emperours Charles and Otho And a little after a full power of electing at his owne pleasure was granted to Charles which seemeth more probable because Theodoricke de Niem sayth the Romane people granted to him and translated vpon him all their right and power and according to their example Pope Adrian with all the Clergie people and the whole sacred Synod granted to the Emperour Charles all their right and power of electing the Pope Howsoeuer this is certaine that the Pope and Councell did ascribe vnto him if not a sole and plenary yet at least a principall and preuailing power in electing the high Bishop If we imbrace the first then so farre as they confered vpon him their owne former right it may be called a gift or grant If the latter it was no gift nor grant but an acknowledgement of the ancient right and prerogatiue of the Empire PHIL. Charles in his Chapters appointeth that elections should be free ORTHOD. This may seeme to argue that Adrian and the Councel did yeeld vnto him a plenary power yet notwithstanding hee like a gracious Prince permitted that elections should be free as in former times But what if they were free must the Prince therefore bee excluded Before the diuision of the Empire the Romanes might freely elect whom they list and yet the elected could not be Consecrated till he were approued of the Emperour so Charles might grant freedome of elections and yet reserue to himselfe his royall assent PHIL. If hee had any such power why did not he and his successours put it in practise ORTHOD. To this I will answere first in generall and then descend to some particulars In generall it appeareth that they did by these words of Nauclerus Imperator volens vti consuetudine authoritate praedecessorum suorum petebat sibi seruari ea quae priuilegijs Carolo Magno successoribus in Imperto iam per 300 annos amplius concessa obseruata fuerunt ex quibus priuilegijs licitè per inuestituram annuli virgae Episcopatus Abbatias conferebant i. The Emperour Henr. desirous to vse the custome and authoritie of his predecessors required that those priuiledges should be reserued for him which were granted to Charles the Great and to his successours in the Empire and obserued now for 300. yeeres and more By which priuiledges it was lawfull for the Emperours to conferre Bishopricks and Abbacies by inuestiture of a ring and a staffe And Matthew Paris saith That the Emperour was desirous to vse the priuiledge of his predecessours which they hadenioyed 300. yeeres vnder 60. Popes Thus much in generall PHIL. Anastasius who wrote the liues of 12. Popes succeeding Adrian deliuereth onely that they were chosen by the people and Clergie but saith nothing of the Emperours ORTHOD. Yes by your leaue he saith somewhat But if hee were silent what then Are not other Authors sufficient to witnesse it The next Pope after Adrian and the onely Pope elected in the time of Charles was Leo the third who as Gillius saith so soone as he was Consecrated sent to Charles the Great the keyes of S. Peters Church with the banner of the Citie of Rome and admonished him to send certaine selected persons which might exact the Oath of obedience of the people Was not this a resignation both of the Citie and Church into the Emperours hands Was not this an ingenuous acknowledgement that he would not hold the possession of S. Peters Church that is of the Church of Rome without his Royall assent Which he vndoubtedly obtained For afterwards when a strong faction had deposed Leo hee fled into France to Charles Who sent him back to Rome and restored him againe with great honour AFter Charles reigned his sonne Lodowick in whose time Leo died and Steuen the 4. had the place who as Baronius sheweth out of Aimonius went in person to the Emperour within two moneths of his Consecration To what end Wee may collect that out of his decree in Gratian wherein hee complaineth that the Church of Rome at the death of the Popes suffered great violence because the new Popes were Consecrated without the knowledge of the Emperour neither were the Emperours Ambassadours present as both the Canons and custome required Whereupon he decreeth that the Consecration should be praesentibus Legatis Imperialibus i. The Emperours Ambassadors being present And withall forbiddeth all men to extort any new Oathes whereby the Church may bee scandalized and the Imperiall honour diminished Wherefore it is probable that his hasty going was to excuse the matter because as it seemeth he was Consecrated without the Emperours knowledge Which is yet more likely because the next Pope Paschall being created without Imperiall authoritie sent presently to the Emperour Lodowick to excuse the matter by laying the blame vpon the Clergie and people Whereto he answered That the Clergie and people must keepe the decrees of their ancestours and admonished them hereafter to take heed not to offend the Imperiall Maiestie PHIL. If Lodowick had any such authoritie therein surely he resigned it in his Constitution concerning his donation to the Church of Rome which is partly in Gratian but fully set downe by Baronius out of the Vatican Monuments the summe whereof is that it
already performed by Imperiall authoritie Thus you see the practise of the Emperours in the Church of Constantinople no man contradicting them and the very last of these examples was aboue 300. yeeres before the grant of Adrian yea aboue 100. yeeres before Vigilius Now from the Imperiall Cities let vs come to the kingdome of Spaine CHAP. X. Of the Election of the Bishops of Spaine IN the 16. Councell at Tolledo it was concluded That if a Bishop did not set his helping hand to the extirpation of Idolatrie he should be deposed Alio ibidem Principali Electione constituto Another being appointed there by the Princes Election This Councell was holden in the yeere 693. fourescore yeeres before Inuestitures were granted to the Emperour Charles by Pope Adrian And before that it was decreed in the 12. Councel of Tolledo as followeth It hath pleased all the Bishops of Spaine and Galicia That sauing the priuiledge of euery Prouince it shall hencefoorth be lawfull for the Bishops of Tolledo to set vp such Prelates in the Sees of their predecessours and to choose such successours for Bishops departed as the Princely power shall Elect and finde worthy by the iudgement of the foresaid Bishops of Tolledo This Councell was holden in the yeere 681. almost an 100. yeeres before Pope Adrian And yet the Kings of Spaine had authoritie to Elect before this Councel which may appeare by these wordes of Baronius Wee must not be ignorant of this point that the Kings of the Gothes in Spaine did challenge to themselues the nomination of such Bishops as were to bee made which nomination of them made by the King was referred to a Councell that they might iudge of the qualitie of the person whether he were worthy of a Bishoprick These things are euident by the Monuments of ancient writers Now because much time passed before they could be dispatched by reason whereof the Sees were long vacant therefore the Councell made the decree Thus it is euident that the authoritie of the Councell was translated to the Archbishop but the Kings authoritie was the same as before and had so bene from the time of the Gothes PHIL. Indeed in the time of the Gothes it was in the Kings and so hath continued in the Kings of Spaine to this present age by the indulgence of the Popes ORTHOD. The ancient Kings of the Gothes were Arrians and enemies to Christ did they elect Bishops by indulgence of Popes PHIL. They did it by tyrannie will you take a paterne from Arrians and Tyrants ORTHOD. The Arrians of Spaine were conuerted in the yeere 589. and professed the faith in the third Councell of Toledo Yet the Orthodox Kings continued their authoritie in Elections Shall we say that they tooke a patterne from Tyrants and Arrians Neither did the Arrian Kings offend in that they elected Bishops but in that they elected Arrian Bishops Neither is an Orthodox Prince bound to relinquish his owne right because it hath bene abused by hereticall Princes For the right of Princes is most ancient deriued neither from Pope nor Arrian but from the patterne of Salomon who chose Sadok high Priest aboue 1000 yeeres before either Arrian or Papist was borne Hitherto of Spaine CHAP. XI Of the Election of the Bishops of France IN France the Kings had the choise of Bishops almost 300. yeeres before the Empire came to their hands For their first Christian King Clodoueus conuerted in the yeere 499 elected Dinifius Bishop of Turone After him succeeded Childibertus who made his brethren Clodomer Theodorick and Clotharius partakers of his Kingdome all which vsed the same authority for by the commandement of Clodomer Omasius was made Bishop of Turone after Dinifius by the commandement of Theodorick Quintianus was made Bishop of Aruerne by the commandement of Clotharius Cato was appointed to be Bishop of Turone which when he refused and afterward would haue had it the King repelled him After the death of Clotharius raigned his sonne Cheribert who made Pascentius Bishop of Poictiers But why should I reckon vp any moe There is a world of examples recorded by Gregorius Turonensis collected from him by one of our learned Bishops all which were aboue a thousand yeeres agoe Afterward when the French Kings became Roman Emperours Pope Adrian decreed and defined that they should haue not only Inuestitures but also the disposing of the Roman See as hath beene declared And although Lodowick the sonne of Charles bee said to haue renounced the right of choosing the Bishop of Rome yet as the Court of Paris affirmeth He alwaies retained Inuestitures Neither had the Kings of France of ancient time authority in Bishopricks onely but in benefices also Si ad priscorum institutorum normam saith Duarenus omnia exigere velimus nullum est in Gallia beneficium nullum Ecclesiae ministerium quod absque regis consensu cuiquam deferri possit if wee will examine all things according to the rule of ancient constitutions there is in France no benefice no ministry of any Church which can bee conferred vpon any man without the consent of the King Notwithstanding it came to passe in processe of time that the Pope by his prouisions reseruations and expectatiue graces made lamentable desolation in the Church of God for redresse whereof when the councell of Basill had published most worthy decrees Pope Eugenius went about to disanull them VVherefore Charles the 7. king of France at the supplication of the councell and by the aduice of his owne Bishops assembled in Synod vndertooke to protect them to which purpose hee set out that noble constitution called the pragmaticall sanction which was receiued with such an applause of all good men that the like was neuer heard of in the kingdome of France This pragmatical sanction was fitly called by a great learned man the Palladium of France for as the image of Pallas was said to fall downe from heauen among the Troianes so this sanction seemed to be sent from heauen by diuine prouidence among the Frenchmen And as Apollo did prophesie that the remouing of the Palladium would be the destruction of Troy so wise men presaged that the taking away of this Sanction would portend great calamity to the Church of France Yet for al this the Popes would neuer be quiet till they had if not wholly vanquished yet wonderfully weakened it especially Pius the 2. who was one of the Bishops in the councel of Basil but now beeing Pope hee is become another man neither wanted there some which to please the Pope opposed themselues against it whose subtilties and Sophismes are answered by that famous Canonist Archbishop Panormitan who was himselfe also one of the Bishops in the councel of Basil. Yea the court of Paris offered a booke to Lodowick the eleuenth wherein they declared how by the abrogation of the Sanction foure mischiefs would follow the first A confusion of the
whole Ecclesiasticall order the 2. a desolation of their country the 3. the impouerishing of the kingdome by wasting their treasure the 4. the ruine and subuersion of Churches The consideration of which things so preuailed with the King that Pope Pius was disapointed of his purpose PHIL. That which Pius could not performe in the daies of Lewis videlicet that the pragmaticall Sanction should be taken cleane away was afterward effected by Leo the 10. in the reigne of King Francis the first therefore in the councell of Lateran the pragmaticall Sanction was abrogated by a publique Decree ORTH. King Francis to vse the words of Duarenus made choice rather to serue the stage and the time with his owne profit as hee himselfe confesseth and remit somewhat of the publique right then to striue so oft with the Popes about this Helena especially seeing he perceiued that some danger from them did hang ouer his head Yet for al this the Sanction cannot be said to bee cleane taken away For the vniuersity of Paris did interpose an appeale to the next general councell which appeale stood with iustice equity for 3. reasons first because the fact of the king was not voluntary but by compulsion Secondly because the Parisians whom it must concerned were neither called nor heard Thirdly because there is no reason that the councell of Lateran and constitution of Leo should derogate from the authority of the councel of Basil. And if we should suppose that it did not onelie derogate from it but also abrogate it yet the verie constitution of Pope Leo yeeldeth to the King the power of nomination in these wordes VVhen a Cathedrall or Metropoliticall Church is vacant let not the Bishoppe bee chosen by the Colledge of Canons but let the King within sixe monethes offer and nominate a graue and fit man to the Pope Thus it is euident that the French Kings retained their right and authoritie in making of Bishoppes euer since their first embracing of the Christian faith And had they this by the indulgence of the Pope Let the Councell of Basill be witnesse let Charles the seuenth bee witnesse let the Court of Paris bee witnesse yea let King Francis himselfe who confessed that when hee went against the sanction hee remitted of the publique right be witnesse And thus much for France CHAP. XII Of the Election of the Bishops of England PHILOD COncerning England King Henry the first did pretend to challenge Inuestitures as vsed by his father and brother before him whereof yet notwithstanding wee finde no expresse proofe or example in any of our histories that they vsed them much lesse that they were lawfully granted vnto them ORTHOD. I will prooue both that they vsed them and that they vsed them lawfully That his brother William Rufus vsed them may appeare by William of Malmesbury who declareth that the King being sicke made mention of the Archbishopricke of Canterbury which was then voide and willed the Bishops to consider of it who answered that whom the King should thinke worthy they all would accept willingly Itaille cubito se attollens hunc ait sanctum virum Anselmum eligo ingenti subsecuto fragore fauentium so he raising himselfe vp vpon his elbowe saide I elect this holy man Anselmus whereupon followed a great applause Now that Bishoprickes in those dayes were giuen by deliuering of a ring and a staffe may appeare by Rafe Bishop of the South Saxons who being threatened by the same King baculum protendit annulum exuit vt si vellet acciperet held out his Crosier put off his ring that the King might take them if hee would intending thereby to resigne his Bishoprick That William the Conquerour vsed the like authoritie is also manifest by the same authour saying Nondum ille efflauerat cum a Gulielmo Rege Lanfrancus Cadomensis Abbas ad Archiepiscopatum electus est Stigandus had not yet breathed out his Ghost when Lanfranck Abbot of Saint Steuens in Cane was elected by King William the Conquerour to the Archbishoprick The like may be shewed before the Conquest where by the way let me tell you that wee stand not so much vpon the ring and the staffe as vpon the thing it selfe that is the Princes power and authoritie for which I will produce some examples as it were a few clusters of a great vintage beginning with Edward the Confessour of whom Malmsbury faith Rex Robertum quem ex Monacho Gemiticensi Londoniae fecerat Episcopum Archiepiscopum creauit the King Edward the Confessour created Robert Archbishop whom before of a Monke he had made Bishop of London And before that King Alfred made Asserio Bishop of Shierburne and Denewulfus Bishop of Winchester and more then two hundred yeeres before that Edelwalke King of the South Saxons promoted Wilfrid to an Episcopall See Thus it is euident that as in other Kingdomes so in England Inuestitures were anciently practised by Princes Wherefore King Henrie the first might haue challenged them not onely as vsed by his father and brother but also as the ancient custome of the Kingdome in the time of the Saxons Wherein onely this was the difference that in ancient time Princes vsed them without contradiction but now the Popes perceiuing that if Princes should haue the bestowing of them after the olde custome it would abate that power to which they themselues aspired beganne to spurne excommunicating both the giuers and takers This was done in the fifth and seuenth Romane Councels vnder Gregory the seuenth but Pope Vrban went further decreeing that not onely the giuers and takers but also all such as consecrated any man so promoted should bee excommunicate At this Councell Anselmus was present by whose aduise and perswasion the decree was made Whereupon when after the death of William Rufus King Henry the first not knowing of this decree much lesse imagining that it was concluded by the meanes of Anselmus had called him home hee well rewarded the kindnesse of so gracious a Prince for first hee would not bee induced to doe his homage to his Lord and Soueraigne was not this a good subiect did hee not well deserue to be canonized for a Saint then he refused to consecrate those whom the King did inuest to Bishoprickes by a staffe and a ring so the King commanded Gerard Archbishop of Yorke to performe that office as Malmsbury Matthew Paris and Roger Houeden doe testifie PHIL. But what followeth in the same authours William Gifford Elect of Winchester refused to receiue Consecration from him and was therefore by the king banished the land Rinelmus Elect of Hereford resigned his Bishopricke into the kings hands being troubled in conscience because hee receiued inuestiture from a lay Prince by occasion of which broiles the rest to whom the king had giuen inuestitures remained vnconsecrated ORTHOD. Whose fault was that not the kings who required no more then was confirmed
to the Emperours by 3. Popes with 3. Roman Councels practised commonly and anciently by all kings through the whole Christian world yeelded to his predecessours in the time of the Saxons vsed by his own father and brother and neuer denied in England before Anselmus began to broach the Hildebrandicall Doctrine PHIL. This cause was handled at Rome where the kings Proctour boldly affirmed that his master the king would not loose inuestitures for the losse of his kingdome to whom Pope Paschall answered if as thou saiest thy king will not indure to lose the donations of Churches for the losse of his kingdome knowe thou precisely I speake it before God that I would not suffer him to obtaine them without punishment for the redemption of my head Thus the cause was determined against the King ORTH. No maruell for the Pope was Iudge in his owne cause such a cause as was not a litle both for his pride and profit such a Pope as within 8. yeeres after periured himselfe in the like matter But notwithstanding the Popes determination the king disdaining to bee so deluded sent to Anselmus forbidding him to enter the land vnlesse he would obserue the customes of William the Conquerour and William Rufus so he was absent three yeeres PHIL. Yet at his returne he got a glorious victory for Edinerus writeth thus rex antecessorum suorum vsu relicto nec personas quae in regimen Ecclesiae sumebantur per se elegit nec eas per dationem virgae pastoralis Ecclesijs quibus praeficiebantur inuestiuit the king leauing the vse of his predecessours did neither himselfe elect such persons as were assumed to the gouernment of the Church nor inuested them to the Churches ouer which they were set by the deliuering of the pastorall staffe ORTHOD. Here is a cleare confession that inuestitures belonged to the king by the vse of his predecessours yet such was the violence and fury both of the Pope and the Archbishop that he thought good to redeeme his quiet by releasing of his ancient right PHIL. If he had any right he did yeeld it vp for Malmsbury saith Venit Rex sublimi trophaeo splendidus triumphali gloria Angliam inuectus inuestiturasque Ecclesiarum Anselmo in perpetuum in manum remisit The king came out of France glistering with a stately trophee entred England with triumphall glory and released the inuestitures of Churches to Anselmus into his hands for euer ORTHOD. True to Anselmus here was a finall and perpetuall end betweene them two neither did the king intermeddle any more in the matter while Anselmus liued but after his death Anno 1113. hee gaue the Archbishopricke to Rodolph Bishop of London and inuested him with a Ring and a Staffe and Anno 1123. he gaue the said Archbishopricke to William Corboll he gaue also the Bishopricke of Lincolne to Alexander the Bishopricke of Bath to Godfrid the Bishopricke of Worcester to Simon the Bishopricke of Cicester to Sifrid After the raigne of Henry the first though the Popes were still busie especially when the state was troubled or the king out of the Realme yet the succeeding Princes would not suffer themselues to bee robbed of this right and royaltie but from time to time put it in practise and maintained their prerogatiue King Edward the third told Pope Clement the fift That his progenitors and other noble and faithfull men had founded and indowed Churches and placed Ministers in them euer since the first planting of religion in the Realme of England and that the kings did of ancient time freely conferre Cathedrall Churches iure suo Regio by their Princely right so oft as they were vacant he doth not say by the Popes permission but by their princely right so the collation of Bishopricks is the ancient right of the kings of England Moreouer he told him that whereas now Deanes and Chapters elect this proceeded from the graunt of the kings at the request and instance of the Pope he doth not say from the graunt of the Pope but from the grant of the kings at the request of the Pope with which concordeth that famous act of Parliament made in the 25. of Edw. the third Our Soueraigne Lord the king and his heires shall haue and inioy for the time the collations to the Archbishoprickes and other dignities electiue which be of his aduowry such as his progenitors had before free election was granted Sith that the first elections were granted by the Kings progenitors vpon a certaine forme and condition as namely to demaund license of the King to chuse and after choice made to haue his royall assent And in the dayes of Richard the second statutum est saith Thomas Walsingam in eodem insuper Parliamento vt de caetero nullus transfreâ—aret ad obtinendum prouisiones in Ecclesijs vel Ecclesiam si quis contrarium faceret si posset apprehendi caperetur vt Regi rebellis incarceraretur A statute was made in the same Parliament that from henceforth none should passe the seas to obtaine prouisions in Churches or to obtaine any Church and if any should do contrary if he could be catched he should be apprehended as a rebell to the king and cast in prison The next yeere the same king set out a Proclamation that all such as were resident in the Court of Rome and had benefices in England should returne by the feast of S. Nicholas vnder paine of forfeiting all their benefices When the Pope heard all this thundering he sent a Nuncio with great complaints for answere wherof the king referred him to the Parliament following which would by no meanes consent that Rome-runners should get their benefices as in former time In the dayes of Henry the fift when the Pope by his bulles translated Richard of Lincolne to Yorke the Deane and Chapter standing vpon the lawes of the land refused to admit him as hereafter shall be declared Shall wee now say that the kings of England conferre spiritual promotions by the Popes indulgence let king Edward the first be witnesse let the Parliament in the raigne of Edward the third be witnesse let the like Parliament in the time of Richard the second be witnesse let the Deane and Chapter of Yorke be witnesse all which were of the Popish religion and yet referred this to the king and not to the Pope Hitherto that the kings of England vsed Inuestitures NOw I will prooue that they vsed them lawfully by a double right as Princes as Patrons As Princes for many reasons First if we looke into the old Testament we find that Salomon set Sadock in the roume of Abiathar by what authoritie Verely by the same by which he cast out Abiathar Which I haue already prooued to be done by the lawful and ordinary power of a Prince If this be a perpetuall patterne for all posteritie then the collation of spirituall dignities is the Princes right Secondly it was prophesied of
Christian Princes that they should be nursing fathers of the Church therfore it must bee a part of their Princely care to prouide such nurses as shall feede it with the milke of the Gospel Thirdly in the new Testament Concerning the election of pastours we find neither precept nor any such example as can bee vrged for an euerlasting and vnchangeable rule And if wee look into the practise of the Church it will appeare that it hath bene disposed of in diuers ages in diuers maners according to diuers customes and positiue lawes of Princes growing out of the diuersitie of circumstances and occasions Wherefore it seemeth that the Lord hath left it as a thing indifferent to the discretion of the Church whereof the Christian Prince is not onely a part but Supreame gouernour vnder Christ in which respect though hee were not Patron he hath a transcendent and supereminent power so that the Soueraigne direction and moderation of the matter belongeth vnto him Which was acknowledged to be the kings right euen in the time of Popery as may appeare by the practise for after the death of any incumbent of any Church with cure if the Patron presented not within sixe monethes the Bishop of that Diocesse might bestow it to the end the cure should not bee destitute of a pastour if he neglected the time appointed the Metropolitane of that Diocesse might aduāce one to that Church if he also should leaue the Church destitute by the space limitted vnto him then it belonged to the king and not to the Bishop of Rome to prouide a competent pastour for that Church Thus it is euident that though Churches had Patrons to prouide Pastours for them according to the kings Lawes and Bishops and Archbishops to see it sufficiently done yet in case of neglect the care of it was deuolued to the King as being Supreme gouernour euen in these cases within his own Dominiōs If you say that this was by the grant of the Pope the contrary is manifest because in the 25. of Edward the 3. in the noble statute of prouisours the Bishop of Rome is said to vsurpe the Seignories of such possessions and benefices Wherefore the Lawes of the land and the ancient custome of the Kingdome concurring with the generall practise of Princes receiued with the applause of the whole Christian world doe sufficiently proclaime the right of our Princes in this behalfe especially seeing as K William Rufus truly said The king of England hath all the liberties in his Kingdome which the Emperour challenged in the Empire Hitherto of the right of Princes as they are Princes Now of their right as they are Patrons IN Patronages we may consider two things The causes and the effects The causes originally inducing the Church of God to approoue them were three First because Princes and Lords of the soile out of their deuotion and charitable bounty gaue some of their owne ground for the situation of Churches and the habitation of Ministers resigning their owne right into the hands of the Bishop of the Diocesse and so dedicating it euerlastingly to the Lord. Secondly because vpon that ground they built Churches for holy meetings and dwelling places for the messengers of the Lord. Thirdly because they allowed maintenance both for the Church and the Minister as is expressed in this verse Patronum faciunt dos edificatio fundus The effects of Patronage are three Honos Onus and Vtilitas The first is Honos honour of nominating and presenting a fit Clerke the honour of precedency in sitting in his owne Church and in some places to great personages the honour of Procession For example to the Duke of Venice in the Church of S. Marke The second is Onus a burden for in being a Patron hee vndertaketh the Protection of that Church The third is Vtilitas profit for if he or his children fall into pouerty they must be releeued out of the reuenues of the same Church An example whereof happened in a noble citizen of Perusia These prerogatiues of Patrons were all anciently approoued both by Ciuill and Canon Law But to passe ouer the rest I will onely single out the prerogatiue of presenting In the 9. Councell of Toledo holden in the yeere 655. it was decreed as followeth As long as the founders of Churches remaine aliue they shall bee suffered to haue the chiefe care in those places and they shall offer fit Rectours vnto the Bishop to be ordained in the same Churches And if the Bishop while the Founder liueth shall despise them and presume to ordaine Rectours in the same place Let him know that his Ordination shall be voide and to his shame others shall be ordained whom the Founders shall chuse And before that in the yeere 541. Iustinian made this Constitution That if any man will build an house of prayer and hee or his heires will haue Clerkes to be promoted therein if they allow maintenance for those Clerkes and name such as are worthy let those which are named be ordained Now to apply this to our present purpose It is a cleare case that all the Bishopricks in England were founded by the Kings Ancestours And therefore the Aduousons of them all belong to the King And it is cleare by the Lawes of the land That our Kings haue had and ought to haue the custodie of the same in the Vacancy and the presentments and collations of those Prelacies as Lords and Aduowes of all the lands and possessions that belong either to Cathedrall Churches or Bishops Vpon all these premises this conclusion followeth that this right we speake of belongeth to our Princes as Patrons by Ciuil Canon and the common Lawes of the land To these two former respects we may adde a third drawne from this consideration that our Bishops by the fauour of Princes are Spiritual Lords and Barons in Parliament and therefore it were very hard if men of so great power and place should be obtruded vpon the Prince without his consent Hitherto of the lawfull right of Princes ANd as they haue the collation of Bishopricks most lawfully so they conferre them most fitly most freely and most safely Most fitly because they haue largest scope to choose best meanes to discerne greatest power to procure and assist such as are most eminent for learning and vertue Most freely because they are farther from suspition of corruption then either people or Prelate For to vse the words of a reuerend Bishop Howsoeuer ambitious heads and couetous hands may lincke together vnder colour of commendation to deceiue and abuse Princes eares yet reason and duetie bindeth mee and all others to thinke and say that Princes persons are of all others farthest from taking money for any such respects In meaner persons more iustly may corruption be feared then in Princes who of all others haue least need and so least cause to set Churches to sale Their abundance their magnificence their
conscience are suerties for the freedome of their choice These are the sayings of the learned Bishop among which he interlaced a memorable example of Guntchrannus King of France who when one offered him money for a Bishoprick returned this answere It is not our Princely maner to sell Bishopricks for money neither is it your part to get them with rewards lest wee be infamed for silthy gaine and you compared to Simon Magus A fit Embleame for a Prince and worthy to be written in letters of Gold Most safely for how dangerous a thing it is to commit such matters to popular Elections the Primitiue Church had lamentable experience What vprores also followed the Elections by the Clergie alone let the longest Schisme that euer was in the Church of Rome testifie And for the Popes prouisions whereby hee hath incroached vpon the Princes right they haue bene such as haue giuen both Kings Nobles Clergie and people iust cause of lamentation But since the nomination rested in the Princes hands all tumults and grieuances Gods Name be blessed are vtterly extinguished Now I will adde a word or two of their singular moderation in this behalfe In ancient time our Kings had the collation before free Election was granted as was declared out of the Statute of Edward the 3. whereby it is manifest that they had then in themselues a plenarie power And though this were not without presidents of former ages yet as Charles the Great granted freedome of Elections vnto the Church so haue our Princes established the like by the Lawes of the land according to which they proceed most mildly and graciously doing all things agreeably to the patterne of famous Princes and laudable Canons of ancient Councels With vs the King hath the nomination of Bishops and so had good Theodosius as was plainely to bee seene in the aduancing of Nectarius With vs the Deane and Chapter make the election of their Bishop and so did the Presbyters of Alexandria in Saint Ieroms time which custome had continued there euer since the time of Saint Marke the Euangelist With vs the Deane and Chapter elect him whom the king hath nominated So the Clergie of Constantinople with the whole generall Councell there assembled did thinke it their duetie solemnely to elect Nectarius whom the Emperour had nominated With vs the electours signifie their election to the king humbly crauing his royall assent so the Romane Clergie 1000. yeeres agoe did vse to signifie their election to the Emperour that he might ratifie it by his Imperiall authority And because the ancient Canons giue the power of confirmation to the Metropolitane therefore our King granteth him a commission to confirme the election according to the Canon Finally with vs none can bee consecrated before the king giue commission by his letters pattents neither might the Bishops of Rome in ancient time till the Emperour gaue license and that as Onuphrius saith by his letters pattents Where yet I will confesse there was a difference because the Popes gaue money vnto the Emperour but our Bishops giue none vnto the King Thus much of elections CHAP. XIII How lamentable the State of England was when Bishopricks and Benefices were giuen by the Popes prouisions PHIL. WEE referre all men to the pondering of this one point specially amongst many concerning the nominations and elections of Bishops Abbats and other Prelats whether the world went not as well when such things passed by Canonicall election or the Popes prouision as it hath don since or euer hereafter is like to doe ORTHOD. Concerning the Popes prouisions this is most certaine that howsoeuer the Church of God was prouided for hee prouided for himselfe and licked his owne fingers For the demonstration whereof I will beginne with king Canutus who about the yeere of grace 1031. Returning from Rome wrote thus to the Archbishops Bishops and States of the Realme Conquestus sum iterum coram domino papa mihi valde displicere dixi quod mei Archiepiscopi in tantum angariebantur immensitate pecuniarum quae ab eis expetâ—bantur dum pro pallio accipiâ—ndo secundum morem sedem Apostolicam expeterent decretumque ne id deinceps fiat that is I complained againe before the Lord the Pope and told him that it displeased me much that my Archbishops were so much vexed with huge sums of money which were demaunded of them while for receiuing the palle they went according to custome to the See Apostolike and it was decreed that it should be so no more Here by the way you must vnderstand that a Palle is a little â—yppet three fingers broad made of the wool of two white Lambs which are offered vpoÌ„ the Altar of Saint Agnes while Agnus dei is sung in the solemn Masse and laied all night vpon the bodies of Peter and Paul vnder the great Altar from whence receiuing this vertue to containe the fulnesse of all pontificall power it becommeth the Ensigne of a Patriarch or Archbishop Which glorious ensigne who will weare Must fetch it farre and buy it deare In the daies of Henry the first when Anselmus was at Rome he made supplication to Pope Paschall the second for certaine Bishops and Abbats deposed whereupon saith Mathew Paris The most gentle See which vseth to bee wanting to none so they bring either white or red did mercifullie recall the said Bishops and Abbats and sent them with ioy to their owne Sees In the daies of Richard the first Hugh Bishop of Durham who of an old Bishop was become a young Earle hauing made a voluntary vow to goe to Ierusalem procured a dispensation from the Pope for which hee paied an infinit summe of money In the daies of the same king William Bishop of Ely was made Legat by a gentle Pope vpon the gentle consideration of a thousand pounds In the daies of king Iohn Pope Innocent the third went about to swallow all England and Ireland at a morsell For Hubertus Archbishop of Canterbury being dead the Monkes elected first Reinold their subprior and afterward at the kings request Iohn Gray Bishop of Norwich by means of which double election the Pope tooke occasion to disanull both charging the Canterb. Monkes then at Rome vnder paine of a curse to chuse Steuen Langton a Cardinal which they did and brought him vnto the Altar with a Te deum The king proclamed those Monkes traytors the rest that lurked at Canterb hee prescribed and banished he forbad Steuen Langton to come into England and confiscated the goods and lands both of the Archbishoprik of the Church of Canterb whereupon the Pope authorised certaine Bishops to interdict the kingdome excommunicated the king set out a sentence declaratory to depriue him and committed the execution of it to Philip the French king By which papall meanes bereaft of the loue of his people abandoned of his nobles hated of his Clergie forsaken of his friends behold hee
the example of Robert of Lincolne humbly intreating him that hee would mittigate the vsuall tyrranies by following the humilitie of his holy Predecessors and vsed these words Dixit dominus Petro Pasce oues meas non tonde non excoria non euiscera vel deuorando consume that is The Lord said to Peter feed my sheepe hee said not vnfleese them nor flea them nor vnbowel them nor consume them by deuouring But the Pope scorned these admonitions that were so holy In the yeere 1260. the Barrons sent foure Knights to the Pope To complaine of Aimer elect of Winchester and his Brethren of their murthers rapines iniuries and oppressions and with all commanded such as farmed their Churches of the Romans to pay them no rent so the Land was quiet by the space of three yeeres Anno. 1316. Lewis Beaumont a French man at the instance of the kings of England and France obtained of the Pope the Bishoprike of Durham he was so vnlearned that hee could not read the Bulles and instruments of his Consecration but comming to the word Metropoliticae after hee had stood long puffing and blowing and could not hit vpon it he said soit pour dit i. Let it stand for spoken and an other time comming to this dangerous word aenigmate hee said to the by standers in French Pâ—r Saint Lowys il n'est pas courtoys qui ceste parolleyci escrit that is By Saint Lewis hee was not a courteous man that wrote this word here but though he had small Latin yet hee brought the Pope the more gold for he entred bond to pay him more then he was able to discharge in fourteene yeeres Anno. 1343. Pope Clement the 6. hauing made 12. Cardinals Made Prouisions in England for two of them of so many benefices next vacant as should amount to two thousand markes yeerely whereupon the king wrote thus to the Pope VVe doubt not but it is come to publike knowledge after what maner from the beginning of the Church when it had the first birth in our Kingdome of England the ancieÌ„t stock of famous memory of our progenitours Kings of England and of the nobles and faithfull people of the said kingdome for the exercise of diuine worship built Churches and endowed them with ample possessions and fenced them with priuileges placing in theÌ„ fit ministers which happily set forward Catholike faith in languages people subiect vnto them by whose care diligence the vineyard of the Lord of hosts was then very fertil in beauty and fruit But which is to bee lamented the plants of that vineyard are degenerated into wildshrubs and the beares of the wood roote it out wild beasts deuoure it while by impositions and prouisions of the See Apostolike which grow more grieuous theÌ„ they were accustomed the hands of vnworthy persons especially of strangers seize vpon the Lords inheritance contrary to the godly will ordination of the donors the dignities thereof fat benefices are conferred vpoÌ„ persons born out of the Land many times suspected vnto vs which are not resident vpoÌ„ the same benefices know not the faces of the sheep coÌ„mitted vnto theÌ„ nor vnderstood their language but neglecting the cure of souls like hierlings seek only temporal gaine by this means the worship of Christ is diminished the cure of souls neglected hospitality is withdrawn the rights of Churches are lost the houses of Clerkes are ruinated the deuotion of the people is lessened Clerkes of the kingdome men of great learning and honest conuersation which might well performe the charge and gouernment and were fit men for our affaires and publicke Councels forsake their studie because hope of fit preferment was taken away hitherto the kings letter But the Pope tooke this in great dudgion and called the kings dealing rebellion Anno 1345. The king directly contrary to the tenour of his former letters and the desires of his nobles wrote to the Pope that his Secretary Thomas Hatfield might bee made Bishop of Durham against whom when some of the Cardinals tooke exceptions for his insufficiencie the Pope answered si rex hac vice supplicasset pro asino obtinuisset that is If the King at this time had made request for his asse he should haue obtained it Anno 1364. being the thirtie eight of Edward the third there was held a Parliament wherin was made the statutes of prouisoes and premunire by which the power of the Court of Rome in England being bridled did neuer preuaile afterward with such licentiousnesse and impunitie Anno 1367. Vpon a view taken it was found that some had aboue twentie Churches and dignities by the authoritie of the Pope and that they were further priuiledged to hold so many more as they could get without measure or number Anno 1399. The Archbishop of Canterbury Thomas Arundel intreated the King in the name of the Clergie that he would take away by his regall authoritie the papall prouisions whereby it was come to passe that learned men studying in Vniuersities seeing the rewards giuen to vnworthy and ambitious fellowes seeking them at Rome did forsake their studies So ignorance expelled learning About the yeere 1419. Pope Martin the fifth bestowed in England 13. Bishoprickes by translations and prouisions in the space of two yeeres while Henry the fifth was in the warre Anno 1420. The same Pope translated Richard of Lincolne to Yorke but the Deane and Chapter standing vpon the lawes enacted against papall prouisions resisted till the Pope was constrained by newe Bulles to bring the said Richard backe againe to Lincolne by which example of the Yorkeshire men the papall authoritie in prouiding Bishoprickes against which neither the Lawes of the kingdome nor the Kings Proclamations nor the threatnings of the Nobles and Commons preuailed was broken and weakened Anno 1424. Henry Chichly Archbishop of Canterbury and Cardinall was made the Popes Legate but the Kings Attorney appealed from him and the Pope to the next generall Councell then the Archbishop made a protestation that he would not exercise it without the Kings licence Anno 1497. Pope Alexander sent Iohn de Egles into England with large commission but it seemeth that there was nothing to bee gotten and therefore he sent his Notary Robert Castilensis with new mandates who required of euery Curate an English noble About the yere 1499. The Pope translated Thomas Merkes from the Bishoprick of Carlill to the imaginarie Bishopricke of Samos in Greece Anno 1500. Pope Alexander kept a yeere of Iubile promising remission of sinnes to all that went to Rome or redeemed their iourney with money and at the same time to make them more liberall hee gaue out that there should bee a great expedition against the Turkes and that the Pope would goe thither in person as the Generall of the field The Popes Proctor in England for this purpose was Gasper a Spaniard who
hoped for some comfort at the Popes hand but finding none hee was forced so much as in him lay to resigne his kingdoms to Pope Innocent such is the innocency of Popes and to farme theÌ„ again at a 1000. marks by the yere Thus the Pope had caught a pretty morsel but it was too hot for him therefore he was glad presently to disgorge it In the time of the said king came into England one Iohannes Florentinus the Popes Legate hauing but 3. men and 3. horses whereof one was lame who gathered great heapes of money hoysted vp saile and bad England adew Likewise Pandulphus when hee came to make a bargaine with the king for his master the Pope prouided and carried away with him 8000. pounds About the same time the Pope called a generall councell at Rome where the Bishops being weary with doing of nothing desired leaue to depart which they could not obtaine without a great sum of mony that they were forced to borrow of the Romane Merchants and pay to the Pope In the reign of Henry 3. The Pope sent a bul that no English man should be preferred til prouision were made for â— Romans for each of theÌ„ 100. pouÌ„ds by the yere neither did he expresse their names but described them in a confused maner The sonne of Bumphred of such such that if any of them should die he might foist another into the place At this time the Romans were posessed of so many benifices withall were so insolent that the whole body of the nobles coÌ„mons ioyning together did stile theÌ„selues in the subscriptions of their letters The whole coÌ„pany of theÌ„ which had rather die then be confouÌ„ded of the Romans In the reigne of the same King The Roman Helluo sent a Nuntio called Otto into England with letters vnto the king signifying What a great scandall and reproch was brought vpon the Church of Rome because no man could dispatch his affaires in that Court without great summes of money and the cause which constrained them vnto this was their pouertie therefore hee desired that the English men like naturall Children would releeue the pouerty of their Mother and the meanes thereof which hee with the Councell of his Brethren the Cardinalls had deuised was this that euery Cathedrall Church in England should bestow vpon him two Prebendes the one of them to bee giuen by the Bishop the other by the Chapter And likewise that euery Abbey should bestow vpon him so much as belonged to the maintenance of two Monkes one portion whereof to bee giuen by the Abbot and the other by the Couent But the English men deluded him of his purpose for the king went out of the Councell and the Bishops departed to their own home without the leaue of the Legate and the rest that remained said they could doe nothing in the absence of them whom it most concerned The like suite was commensed in France by another of the Popes Legates to whom the Proctour of the Archbishop of Lions answered That it was not possible that this grant should fill the gulfe of the Romane couetousnesse because plenty of riches did alwaies make the Romans madde And the councell of France did thus answere the Legate Let the zeale of the whole Church and of the holy Romane See mooue you because if there should bee a generall oppression of all men it might bee feared least there should houer ouer our heads a generall departure which God forbid In the yeere 1231. there was set out a prohibition that none which farmed any benefice of any Romane should from henceforth pay them any Rent Anno 1232. a sort of armed men with their faces couered set vpon the barnes of a certaine Romane and sold out the corne to the country and gaue much of it to the poore For which the Bishop of London with other tenne Bishops did strike the authours with an anathema Notwithstanding the same yeere the barnes of the Romanes almost through all England were robbed the authour whereof was one Sir Robert Twinge a Yorkeshier Knight who had beene defeated of the bestowing of his Benefiee by the Popes prouision In the yeere 1234. the Pope sent his nuntioes into England with power legatine which by preaching begging commanding threatning and excommunicating got infinite summes of money vnder colour of the holy Land neither was it known in what gulfe that money was drowned In the yeere 1237. base and vnlearned persons came daily armed with the Popes Bulles If any resisted they would procure hee should bee excommunicated so it came to passe that where noble and daintie Clergy men Gardians and Patrons of Churches did vse with their riches to honour the countrey round about them to entertaine passengers to refresh the poore these base persons voide of good manners and full of subtiltie Proctors and Farmers of the Romanes scraping whatsoeuer was precious and profitable in the land sent it into farre countries to their Lords liuing delicately of Christes patrimonie and proud with other mens goods Therefore a man might see sorrow of heart water the eye-lids of holy men complaints breake out and groanes multiplied many saying with bloody sighes It is better for vs to die then to see the miseries of our countrie and of holy men VVoe to England which once was the Prince of Prouinces the ladie of nations the glasse of the Church a patterne of Religion but now is become vnder tribute In the yeere 1239. Sir Robert Twinge the Yorkeshier Knight before mentioned a Romane being thrust by a Popes Bull of prouision into a benefice whereof he was Patron went to Rome and made a grieuous complaint vnto the Pope so that the Pope reuoked his Bull of prouision By the said Sir Robert Twinge the h Nobles and Barons of England wrot vnto the Pope complaining that they were robbed of their presentations of their Ecclesiasticall liuings which their noble progenitours had enioyned from the first planting of Christianitie and were in danger to lose their patronages affirming that though the Pope had taken order by his Apostolicall letters that after the decease of any Italian or Romane promoted by the Popes prouision it should be lawfull for them to present a fit Clerke yet they did daily see the contrary put in practise which they called a common plague Anno 1240. Otho the Popes Legate required a procuration of foure Markes and where one Church did not suffice to the paâ—ment two should ioyne together to one procuration The same yeere the Pope extorted the fift part of the goodes of all strangers beneficed in England and the same was demanded of Archbishops Bishops Abbots and the rest of the Clergie but the Bishops answered they could not vndergoe so vnsupportable a burden which concerned the whole Church without diligent deliberation of a synode But the Archbishop afterward did grant vnto it The same yeere Pope