Attorneyes coÌ„â—onlie are presumed to haue vvho must speake â—o the purpose hovvsoeuer it be to the truth And â—â— it vvell appeared in that arraignment vvherof â—e novv treat but intend to proceed no further â—â—erein for that the prisoner himself ansvvered this point sufficientlie at the barre as also to the Lordes before in the tovver and a more large discourse maie be made therof hereafter if neede shall require 19. As for your other article about the Antiquity and continuance of your Church a man maie easily see that you sought an occasion to bring it in by making an obiection on the behalfe of Iesuitts against the same and thereby to shevv your skill in ansvvering They hold their religion saie you to be the old Religion where ours is the new confyned to England where on the contrary side their Religion is vniuersall and embraced in the greatest part of this Christian worlde And thus for the maintenance of their rotten Religion doe they seeke to disgrace and blemish our Ghospell But good syr if your ghospell be that of the foure Euangelistes novv receaued vve pretend that it is as much our ghospell as yours and more also for that you receaued it from vs and vpon our Churches credit and for that you call rotten Religion if euer it vvere Religion then neuer can it rott except you put no difference betvvene apples and religion But let vs heare hovv you vvill ansvvere this obiection in your ovvne vvordes as they came set dovvne vnto me from your ovvne mouth 20. But to this saie you I will answere that if our Ghospell be as ancient as Luther it is more ancient then the Iesuitts are though not I trovv then Iesuitts religion albeit it be not conteyned in these narrow limitts of place nor bands of time which they feignedly imagine hauing byn euer since the time of Christ and his Apostles For we doe not deny but that Rome was the mother-Church and had thirty two virginall martyrs of her Popes a-row so continued til in succeeding ages it brought in a masse of errors and idle ceremonyes But you will aske perhaps where our Church lurked before Luthers coming for some hundreds of yeares But I say it makes no great matter where it was so that I â—m certaine it was for as a wedge of gold if it be dissolâ—ed and mixed with a masse of brasse tinne and other metalls doth not loose his nature but remaineth gold still although we cannot determine in what part of the masse it is conteined but the touch-stone will fynde it out so though our Church hath euer byn since Christes time in the vvorld yet being mixed and couered vvith innouaâ—ons and errours vve cannot tell in vvhat part it vvas And I dare say that it is novv more extended then theirs â— for vve haue all England all Scotland all Germany al Denmarke a great part of France al Poland some part of Italie These are your vvordes if the Relators haue byn exact in setting them dovvne as they saie they haue byn And then is there â—o maruaile though you impugne so much the doctrine of scrupulous reseruation of true sense in ambiguous speeches vvhereas so manifestlie you ouer-lash in all those periods vvhich heere you haue layed before vs. 21. But to the matter it self about the Antiquity Continuance Succession Visibility and Assurance of the Church vvhereas you graunt that the Roman Church vvas the true mother-Church from the beginning and had two and thirty virginall martyrs for so you call them for her Popes one after the other vvithout interposition of anie one Bishop that vvas not martyr for more then the space of three hundred yeares you graunt vs so much in this assertion if it be vvel considered as it vvill be hard for you to take it from vs againe aftervvard in your sequent negation vvhich I shal shevv you brieflie by tvvo conuincing Arguments the one Theologicall the other Morall 22. The first is that if the Church of Rome vvas the true mother-mother-Church of Christ and Christian religion for so great a space as you assigne then no doubt vvere all the predictions and promises of Prophets for the greatnes eminency honour certeyntie florishing perpetuitie of the said Christian Church fulfilled in her Christes peculier promises in like manner that he would be vvith her to the end of the vvorld that the holy ghost should lead her into all truth that hell-gates vvhich properlie signify errours and heresies should neuer preuaile against her that she should be the piller and foundation of truth all men bound to obey and beleeue her vvas â—eant also performed in this Roman-Church for three hundred yeares and more and promised â—â— be performed to the end of the vvorld vvherof â—â—sueth that either God is not able to performe what he promiseth for of his vvill there can be no doubt seing he hath promised or else it cannot vvithout impiety be conceaued and much â—â—se beleeued that this roman-mother-Roman-mother-Church so â—â—anted in the beginning by Christ and his Apoâ—â—es bloud and so vvatered for three hundred yeares togeather by the bloud of all her Bishops â—â— spread ouer the vvorld as S. Paul of his ovvne time testifyeth that her faith religion vvas and aftervvard all Ecclesiasticall histories vvithin the time prescribed after doe declare that all other Churches commonly at least-vvise of the vvest-world vvere her daughters by foundation our â—reat-Britany among the rest it is impossible I say to imagine vvith piety hovv this Queene of the vvorld hovv this florishing Church hovv this golden vvedge to vse your ovvne similitude should so be dissolued mingled vvith brasse tinne copper other such contemptible mettalls vvhich you cal Errours innouations as that her Religion should become rotten according to your phrase her self in steed of being the true kingdome inheritaÌ„ce spouse of Christ become his enemy his aduersary an aduovvtresse and the verie povver of Sathan himself against him as you M. Attorney doe make her 23 Hovv I praie you can this be thought by vvhat reason or probability maie it be imagined vvhen hovv by vvhat meanes might this metamorphosis be made The very next age after the forsaid Martyr-Popesliued S. Augustine vvho reciting the said Popes and their Successors vnto his daieâ— called them all holy vvithout distinction and by their lineal succession in the said Church of Rome did persuade himself to haue demonstrated the truth of all Catholicke Religion as vvell in Africa vvhere he vvas as throughout the vvhole vvorld against all heretickes 24. And after him againe liued in the same Sea as Bishops thereof S. Leo and S. Gregory both of them surnamed Great in respect of their great sanctitie great learning and famous acts and vvith them and after them concurred and suceeeded in other Christian Churches of the vvorld as Fathers and Doctors S. Maximus S. Prosper Vincentius Lyrinensis S. Gregory of Tovvers S. Fulgentius S.
Power and the author therof c. 2. n. 2. Power spirituall and temporall and the different endes therof cap 2. n. 3. 4. deinceps per totum caput Power spirituall of the Church and pastors therof cap. 3. n. 10. Power spirituall more eminent than temporall cap. 2. n. 19. Premunire and the first beginning of that law cap. 12. n. 11. Priuiledges and franquises of Churches and monasteryes procured from the Pope cap. 6. n. 37.38 deinceps Priuiledges of the Abbey of Euesham cap. 6. n. 42. Of the Abbey of S. Albans ibid. n. 43. Priuiledges of Glastenbury-Abbey from Rome cap 6. num 45. Priuiledges of VVestminster procured by K. Edward the Confessor cap. 6. num 47. Priuiledges of Ecclesiasticall men in temporall courtes cap. 7. n. 18. alibi saepissimè Promotion of strangers to Ecclesiasticall dignityes in England cap. 10. num 21. 22. cap. 11. num 36. The inconueniences therof to Englishmen ibidem Protestants doctrine condemned by K. Henry the 8. cap. 15. num 15. Prouisions against bribing at Rome cap. 13. n. 21. Prouisions of Ecclesiasticall liuinges in England made by the Pope c. 12. n. 5. The CoÌ„plaintes therof by Englishmen ibidem The continuance of the same in England cap. ibid. n. 9. AgreemeÌ„t therabout made betweene the Pope and the Kinge cap. ibid. n. 21. Q. Queene Eleanour Mother to K. Richard the first her iorney to Sicily cap. 9. num 29. Her returne by Rome and busines there with the Pope ibid. num â— Her complaintes and petition to Pope Celestinus ibid. num 39.40 41. Queene Elizabeths spirituall authority giuen her by Parlament cap. 3. num 3. 4. The inconueniences and absurdityes that follow therof ibid. n. 4. 5. 6. cap. 4. num 27. Her singularity in that point ibidem num 28. Her supremacy mistiked by Protestants Puritans cap. 4. num 41. 42. 43 44. 45. 46. 47. 48. Causes that moued her first to accept of the Supremacy cap. 15. num 35. 36. Her conferenâ—e vvith Syr Fran. Inglefield ibid. num 37. Item with the Count of Feria the Spanish Embassadour ibid. num â—â— Her protestation about the Real-presence in the Sacrament ibidem n 39. Her ConfereÌ„ce with Mounsieur Lansacke the French Embassadour ibidem num 41. Her owne inclination towards Catholicke Religion ibid num 42. How she vvas drawne to great extremes and cruelty against Catholicks cap. 15. num 43. Queene Mary her raigne cap. 15. n. 3â— Her restoring of Catholicke Religion in England cap. 15. num 31. 32. R. Reasons that shew william the Conrour to haue alwayes acknowledged the Sea of Rome cap. 7. num 8.9.10 deinceps Recourse to Rome presently after Englands Conuersion about Ecclesiasticall affaires cap. 6. num 10,11 12. Recourse to Rome by the Kinges of England and Scotland in their greatest Controuersyes cap. 11. num 44. Recusancy of Puritans and the first cause therof cap. 16. num 5. Recusancy of Catholickes from the beginning of Q. Elizabeth raigne cap. 16. num 7. Reformation of the English Clergy by King Henry the 7. cap. 14. num 15. Reliques sent to King Osway of NorthumberlaÌ„d by Pope Vitalianus c. 6. n. 24. ResignatioÌ„ of inuestitures by K. Henry the first cap. 8. num 14. Restraintes of exercising the Popes Authority in England and how the same vvere first made cap. 2. num 41. cap. 10. num 25. cap. 12. num 35. King Richard the first his raigne c. 9. num 22. 23. deinceps His misfortunes ibid. num 23. His behauiour and oath at his Coronation ibid. num 25. His voiage to Ierusalem ibid. num 26. 27. His kingdome commended to the Popes protection ibid num 27. His mother sent from Rome to Sicily ibid. num 30. His letter to Pope Clement the 3. ibid num 31. His captiuity in Austria ibid. num 38. K. Richard the second his disorders cause therof cap. 21. num 42. His confirmation of Church-libertyes ibid. num 43. His obedience to the Church-Censures ibid num 47. S. Sanctuary graunted by the Pope to S. Iohns Church in London cap. 14. num 9. Denyed by the temporall iudges ibid. num 10. Scruple of Conscience vrged vpon M. Attorney cap. 16. num 14. Sectaryes not any vvay compared to Catholickes vvhy c. 1. n. 13.14 15. Sectaryes their vayne comendation of Truth cap. 1. num 16. Singularity of knovvledge in heretickes cap. 1. num 5. 6. 7 Statute in Parlament for giuing spirituall authority to Q. Elizabeth cap. 3. num â— â—â— â— 19. The absurdityes that therof ensue ibid. num 5. 6. 7. num 19.20 21. 23. 24. Statutes of K. Henry the 3. in fauour of the Church cap. â—0 num 27. Statute of Merton made by K. Henry the 3. cap. 10. num 39. Statute of Bigamy anno 4. Edouardi 1. cap. 11. num 30. Statute of Carliele made in the raigne of King Edward the first c. 11. n. â—9 Statute against Lollards cap. 13 n. 22. 23. Statute for reformation of the Clergy cap. 14. num 15. K. Stephen his raigne ouer England cap. 8. num 25. His oath for the libertyes of the Church ibid. num 27. His inconstancy by euill counsaile ibid. num 28. His violence vsed against Clergy-men ibid. His citation and appearance before the Bishops ibid num 31. Stigand Archbishop of Canterbury deposed cap. 7. num 9. Strangers their promotions to Ecclesiasticall dignityes in England and inconueniences therof cap. 10. num 21. 22. 23. cap. 11. num 36. Remedyes sought therof from the Popes of those tymes ibid. num 38. Supremacy Ecclesiasticall not possibly in a woman cap. 4. num 26. 27. Supremacy assumed first by K. Henry the 8. cap. 15. num 13.14 15. Also by K. Edward the 6 ibid num 26. Item by Q. Elizabeth ibid. num 34.35 36. 37. Suppression of the kinghtes of the temple cap. 11. num 43. Synne of heresy how great and greiuous cap. 16. num 26 27. T Tenantes of the Church priuiledged  A straÌ„ge attempt to impugne Catholicke religion by Catholicke Princes lawes in EnglaÌ„d The importance of M. Attorneys Plea The singularity of M. Attorneyes paradox Ciâ— Tuscul q. 3. M. Attorney chalenged of his promise The Author promiseth all modesty in this answere M. Attorney bound in conscience and honour to enforme a nevv his Maiesty * M. Garnet M. Attorneyes ouerlashing in speech Math. 5. Math. 12 The Diuelâ—s sinnes in â—â—pting Adam M. Garnetts case Hovv things heard in confessioÌ„ may not be vttered by Catholick doctrine A partition not afterward performed M. Garnet an honest man by M. Attorneyes warrant M. Attorneyes wit in making a bloudy law to be a sweet lavv About Equiuocation About the antiquity vniuersality of the Protestant Church A straÌ„ge discourse of M Attorney about his Church * Many all 's A theologicall argumet for the Roman Church Mar. vltimo Iâ—an 14. 10. Mat. 10. 1 Timo. 3.
heat and resolution to goe through therin by his power and authority with the Pope yet when he saw the said Pope to mislike his proceedings and to stand constant against him he amayned and and humbled himself presently and this in respect of his conscience and feare of God as himself caused to be written by his Bishops to the said Pope Alexander For there is extant in Houeden a large epistle of all the Bishops Suffragans of Canterbury that were subiects to Thomas the Archbishop written vnto Pope Alexander in the Kings name of his prompt obedience towards him and the Sea of Rome in all things saying Ad vestra quidem mandata non itatus intumuit non elatus obedire contempsit verum gratias agens paterna correctioni Ecclesia se statim submisit examini when the King receiued your commaundements he did not swell with anger nor proudly contemned to obey but giuing thankes for your Fatherly correction did presently submit himself to the examination of the Church And againe Ipse diuini reuerentia timoris 〈◊〉 Maiestatempreferens sed vt filius obediens se iudicio sistere legitimaeque parere sententiae seque legibus alligatum Prinscipem praesto est in omnibus exhibere He for reuerence and respect of the fear of God did not prefer the maiesty of his Kingly State but as an obedient sonne is ready in all things to stand to iudgement and to obey lawfull sentence acknowledging himself though he be a Prince to be bound to the lawes of the Church 11. This then was his disposition of mind in this behalfe which he presently shewed in fact by sending a most honorable Embassage to the Pope to wit the Archbishop of Yorke Bishops of VVinchester London Chichester and Excester with the Earles Arundell the Gundauell de Sancto Valerico and many others both gentlemen and Clarks And as Houeden affirmeth Appellauit pro se regno suo ad Praesentiam Summi Pontificis He appealed for himself and for his kingdome to the Preâ—ence of the Pope desiring that two Legats might be sent into England to iudge of the cause between him the Archbishop And soone after when the Archbishop vpon pacification made was returned and within a few moneths after wikedly slaine in his owne Church of Canterbury the same Pope Alexander taking vpon him as lawfull Iudge to examine punish the fact vpon the person of K. Henry himself sent two Cardinall-Legats for that purpose into Normandy named Graetianus Viuianus as Houeden at large setteth downe the history Wherof K. Henry being aduertised that was present then in those partes beyond the Seas and fearing the euent Ad Praesentiam Summi Pontifiâ—â— appellauit appealed againe as once he had done before to the presence of the Pope himself from his said Legats Wherby we see that he graunted acknowledged the Popes authority ouer him in that matter And the same writer addeth in the same place that the said King fearing also notwithstanding his appeale the seuerity of the Sea Apostolicke in this case passed ouer presently into England giuing straite order and commaundment that no man should be permitted to enter with any Bull or Breâ—â— of the Pope of what sorte soeuer except first he gaue caution security that he would thereby bring no hurte or greiuaunce to the King or Kingdome 12. But after this againe to omit many other things and iuâ—dâ—dicall Acts which passed in this affaire set downe by the said Houeden and other authors of that time two other Cardinall-â—â—gats Theodinus and Albertus were finally directed from the said Pope Alexander into Normandy to giue the last sentence vpon the matter Vnto whome K. Henry being then in Ireland and cited to appeere came purposely to present himself in person which notably signifieth his obedience And there by his oath he purged himself swearing first that his intention was neuer to procure the said Archbishops death and secondly promising diuers things by the same oath to be performed in satisfaction of his fault in hauing giuen some occasion therof by angry words against the same Archbishop Thomas All which is set downe in the said Author vnder this title recorded likewise by Peter Blesensis Purgatio Henrici Regis pro morte Beati Thomae The purgation or satisfaction of K. Henry for the death of S. Thomas therevpon ensueth Charta absolutionis Domini Regis The charter of absolution of our Lord the King by the said Legats in the Popes name 13. And amongst other six or seauen points whervnto the King sware at this time one is set downe in these words He sware also that he would neither let nor permit to be letted any Appellations to be made in his Kingdome to the Bishop of Rome in Ecclesiasticall causes with this condition that if any that doe appeale be suspected to the King they should giue security that they would not seeke or procure any hurte to him or his Kingdome And so was that controuersie ended and the lawes abolished which the King would haue established against the liberty of the Church Wherby we se cleerly what persuasion K. Henry had of the Popes supreame authority in Ecclesiasticall affaires and his loyall obedience thervnto which is so much the more to be esteemed if we consider the circumstances of the tyme wherin he exhibited the same which was such as he might easily haue declined himself if he would from the force of Pope Alexander his authority that pressed him so much by adhering to some one of his enemyes the Antipopes that by faction of a few were chosen set vp against him three or foure one after another naming themselues Victor the 4. Calixtus the 3. and Pascalis the 3. and held out against him for more then 17. years togeather by the power and peruersity of Fredericus Barba-rossa the first Emperour of that name who often also allured K. Henry to be partaker of his Schisme but he refused followinge heerin his Catholicke auncestors VVilliam the Conquerour that stood constantly with the true Popes of his tyme Alexander the 2. and Gregory the 7. against those that by sedition of Henry the 4. Emperour were set vp against them to wit Cadolus calling himself Honorius the 2. and Gilbertus that was named Clement the 2. K. Henry also the first obaied the true Popes of his tyme Paschalis the 2. Gâ—lasius the 2. Calixtus the 2. Honorius the 2. Innocentius the 2. against six schismaticall intruders calling themselues Clement the 3. Syluester the 3. Gregory the 8. Celestinus the 2. Anacletus the 2. Victor the 4. all set vp maintained by the German Emperours Henry the 4. and fifth and by Lotharius the 2. after them But our Kings of England obayed allwayes their true and lawfull Pastors of Gods Church and were highly commended for it And now K. Henry the 2. followed their vertues wisedome religion and magnanimity in that behalfe and found no doubt his
well by the words of the Statute which are these VVhere the Kings most excellent Maiesty is by gods law supreme head immediatly vnder him of his whole Church of England intending the conseruation of the same Church in a true sincere and vniforme doctrine of Christs religion calling also to his blessed and most gratious remembrance the innumerable commodities which ensue of concord and vnity in religion c. hath therfore commaunded this his most high Court of Parlament to be summoned as also a Synod of all the Archbishops Bishops and other learned men to bee assembled c. for a full and persect resolution of certaine Articles proposed which are the former six his Maiesty also most gratiously vouchsafing in his owne Princly person to descend and come into his said high Courte and Councell and there like a Prince of most high prudence and no lesse learning opened and declared manie thinges of high learning great knowledge touching the said Articles matters questions whervpon after great and longe deliberate disputation and consultation had and made it was finally resolued as before c. 17. Thus you see how maturely this matter was done and resolued by the new head of the English Church and his Counsell which resolution not withstanding I presume M. Attorney and those of his religion will not well allow à parte rei though for his authoritie they may not denie it according to their owne grounds in that he did contradict therin the Popes and so in this respect they seem to bee but in pittifull plight for that neither the one nor the other head serueth well their turnes And with this wee shall leaue King Henry the 8. who in all the rest of his raigne which as hath byn said was but the third parte after his spirituall headship of that he had raigned before in acknowledgment of the Popes Supremacie his Decrees Ordinances and actions though they were inconstant variable yet were they all except this only controuersie of the Popes authoritie against Protestants and their religion as appeareth both by his solemne condemning and burning of Iohn Lambert for denying the Reall presence the next yeare after this Statute was made as also of Anne Ascue and others vpon the last yeare of his life for the same heresie and of manie others for other Protestant-opinions so as I doe not see how M. Attorney can much glorie in this first headshipp of his Church of England especially that being true which Bishop Gardiner preached and protested publikely at Pauls Grosse in Queen Maries time that K. Henry dealt with him a little before his death for reconcyling himself to the Pope by restoring to him his authority againe if with his honour it might bee brought to passe but before this could bee treated he died and thereby was frustrated of his good purpose therin The answere to certaine Instances of M. Attorney out of this raigne of K. Henry the eight §. II. 18. And this might suffice for King Henries raigne but only that M. Attorney vpon the recitall of certeyne of the said Kings Statutes made by himself for his owne spirituall Supremacy which I hold not needfull for me to stand to answere he moueth a doubt and answereth the same in such sorte as is worthy of consideration His doubt is that for so much as K. Henry was now declared head of the Church and all Ecclesiasticall iurisdiction taken from the Pope in England and in English affaires what shal become of the Canons or Canon law togeather with the Constitutions and Ecclesiasticall Ordinances depending of the Church of Rome wherby the spirituall Courts of England were wont to bee gouerned you shall heare his answere in his owne words The Attorney If it bee demaunded saith hee what Canons Constitutions Ordinances and Synodals Prouinciall are still in force within this Realme I answere that it is resolued and enacted by authoritie of Parlament that such as haue been allowed by generall consent and custome within the Realme and are not contrariant or repugnant to the Laws Statutes and Customes of this Realme nor to the damage or hurte of the Kings prerogatiue Royall are still in force within this Realme as the Kings Ecclesiasticall laws of the same Now as Consent and Custome hath allowed those Canons so no doubt by generall consent of the whole Kealme anie of the same maie bee corrected enlarged explained or abrogated For example there is a decree that all Clerkes that haue receiued anie manner of Orders greater or smaller should bee exempt pro causis criminalibus before the temporall Iudges This decree had neuer anie force within England First for that it was neuer approued and allowed of by generall consent within the Realme Secondly it was against the laws of the Realme as it doth appeare by infinite presidents Thirdly it was against the prerogatiue and soueraigntie of the King that any subiect within this Realme should not bee subiect to the laws of this Realme The Catholicke Deuine 19. Heere you see two points touched in this answere First the resolution it self and then the confirmation therof by a speciall example The resolution is very ambiguous doubtfull and vncertaine if you consider it For he saith that such Canonicall laws are to bee still in force as were allowed by generall consent not contrariant to the laws statutes and customes of this Realme nor importe anie dammage to the Kings prerogatiue Royall And what are these thinke you And how vncertaine a rule is this prescribed for laws whereby matters of conscience must be determined Who may not say in his owne case or others this Canon or Constitution though it be of neuer so auncient Councels or Decrees of the Church for of such consisteth the Canon-law was neuer allowed by generall consent of England this is contrariant to some Statute or Custome this importeth dammage to the Kings prerogatiue Royall and so indeed by establishing this new headship the whole body of Ecclesiasticall regimēt was ouerthrowne though M. Attorney to salue the matter saith that the said Canonicall lawes should remaine still in force with the restrictiōs aforesaid as the Kings Ecclesiasticall lawes which is as much to say as that these Canon-lawes that were made by generall Councels Nationall or Prouinciall Synods and by the Popes of Rome themselues shall not remaine as their lawes but as the Kings lawes for that he retaineth them of which poore refuge I haue spoken often before how weake and idle it is 20. But now for his particular example chosen out to proue that the generall Canonicall lawes of the whole Church receiued throughout Christendome may be corrected and enlarged explaned abrogated by a particular Countrey which is contrary to the common Maxime that no law can be abrogated but by the same authority by which it was made and allowed or greater I cannot but maruaile that he would insist vpō the exemption of Clerks from secular
OF THE CONTROVERSY Discussed throughout this vvorks WHat is in the 〈…〉 in the 〈◊〉 yeare of 〈…〉 there is giuen 〈…〉 power and 〈…〉 as by any 〈…〉 hath 〈…〉 may lavvfully bee 〈…〉 did assigne 〈…〉 great Seale of England 〈…〉 diction whatsoeuer vvhich â—â— any manner â—pirituall 〈…〉 Authority or Iurisdiction can or may lavvfully be vsed to correct and 〈◊〉 errors heresies schismes abuses c. The question is Whether this authority and spirituall 〈…〉 to the ancient lawes of England in former times 〈…〉 were a Statute not introductory 〈…〉 lavv 〈…〉 only of an old so as if the said Act had neuer 〈◊〉 made yet the 〈…〉 that authority and might haue giuen it to others as 〈…〉 holdeth the affirmatiue part and the Catholicke 〈…〉 TO THE RIGHT VVORSHIPFVLL SYR EDVVARD COOKE KNIGHT His Maiesties Attorney generall SYR I had no sooner taken a sight of your last Booke entituled The fifth Part of Reportes vvhich vvas some number of monethes after the publication therof in England but there entred vvith the reading a certaine appetite of ansvvering the same and this vpon different motiues as vvell in regarde of your person and place abilitie and other circumstances depending theron as also of the subiect and argument it selfe vvhich yovv handled and manner held in handling therof to â—he greatest preiudice vvrong and disgrace of Catholickes and Catholicke religion that you could deuise And first in your person and place I considered your facultie and profession of the common lavves of our Realme your long standing and speciall preferment therin your experience and iudgemeÌ„t gathered thereby your estimation and credit in the Common-vvealth and your authority honour and riches ensuing thervpon all vvhich drevv me to the greater consideration of your Booke but principally your said profession of our Common temporall Municipall lawes vvhich science aboue all other next to Diuinitie it selfe doth confirme and conuince vnto the vnderstanding of an English-man the truth of the Catholicke Roman religion For so much as from our very first Christian Kings Queenes vvhich must nedes be the origen and beginning of all Christian common lavves in England vnto the raigne of King Henry the eight for the space of more then nyne hundred yeares all our Princes and people being of one and the selfe same Catholicke Roman religioÌ„ their lavves must needes be presumed to haue byn conforme to their sense and iudgment in that behalfe and our lavvyers to the lavves so as novv to see an English temporall lavvyer to come forth and impugne the said Catholicke religion by the antiquity of his Common-lavves throughout the tymes and raignes of the said Kings in fauour of ProtestaÌ„ts Lutheranes Caluinistes or other professors not knovvne in those dayes is as great a nouelty and vvonder as to see a Philosopher brought vp in Aristotles schole to impugne Aristotle by Aristotles learning in fauour of Petrus Ramus or any other such nevv aduersary or lately borne Antagonist Or as to behold an ancient Phisitian trayned vp in Galens tents to fight against Galen and Galenistes out of their ovvne bul-vvarkes or fortresses yea and this in ayde of Paracelsians or any other fresh crevv of Alchimian doctors vvhatsoeuer 3. This first consideration then of your person place and profession did inuyte me strongly to come and see vvhat you said in this behalfe but no lesse did the argumeÌ„t or subiect of your booke togeather vvith your maÌ„ner of treating the same of vvhich tvvo points I shall speake seuerally for that they haue seuerall ponderations all in my opinion both important rare and singular For vvhat more important matter can be thought of among ChristiaÌ„s then to treat of Spirituall Power Ecclesiasticall Authority being the kinges bench of Christ on earth the table of his scepter the tribunall of his dominion iurisdiction vvhereof dependeth the vvhole direction of soules the remission of our sinnes the efficacy of his Sacraments the lavvfulnes of all priesthoode and ministery the gouernment of the vvhole Church and finally the vigour frute effect of all Christian religion This is the importance of your argument M. Attorney and consider I pray you vvhether it standeth vs not much in hand to be attentiue vvhat you say and hovv substantially you pleade in this matter 4. And as for the other tvvo circumstances of rarenes and singularity vvhere may they more be seene then in this so vveighty a case conteyning the vvhole povver of the sonne of God both in heauen and earth for so much as belongeth to remission of sinnes and gouernement of his earthly inheritance vvhich is heere handled and ouer-ruled by a temporall lavvyer and by him giuen to a temporall Lady and Queene and this not only by force of a temporall Statute made in ParlameÌ„t to that effect the first yeare of her raigne vvhereby Ecclesiasticall Supremacy vvas ascribed vnto her but by the very vigour of her temporall crovvne it self vvithout any such Statute and by vertue of the ancient pretended Common-lavves of our Realme vvhich Common-lavves being made receaued introduced and established by Catholicke Kings and Queenes as hath byn said maketh the matter so strange and rare the vvonder admiration so great as neuer paradox perhaps in the vvorld seemed more rare singular in the eyes of Philosophers then this in the iudgement of learned Deuines And vvho then vvould not be allured vvith this singular nouelty to search somvvhat after the depth of so nevv deuised a mystery 5. After this ensueth as considerable your methode manner of handling this subiect vvhich to me seemeth nothing vulgar and consequently to you and 〈…〉 particularitâ—es 〈…〉 ‑ cero That yo◠〈…〉 uersies and 〈…〉 forth All that 〈…〉 grâ—â—e repâ—â—â—â—◠〈…〉 your side 〈…〉 vse your 〈…〉 the truth for 〈…〉 modesty and 〈…〉 7. All thâ—â—â—â—hin 〈…〉 encourage 〈…〉 reuievv o◠〈…〉 hope to my 〈…〉 modesty and 〈…〉 so much comm 〈…〉 ued and intenâ—â—◠〈…〉 cleere face 〈…〉 in your 〈…〉 you vvill doe 〈…〉 ‑ cile cedes 〈…〉 your self â—â— the 〈…〉 animo digâ—â—â—â—◠〈…〉 se sua spoâ—te 〈…〉 in deed to confessâ—◠〈…〉 fortitude but 〈…〉 ner goeth grea◠〈…〉 soules neuer-dying 〈…〉 â—e accompted our highest interest for that the â—uestion novv in hand betvveene you and me â—oÌ„cerneth the same most neerly as in the sequent â—reface vvill more largelie appeare â— Novv only I am to say promise also on my â—ehalfe that I meane to proceed in the prosecuâ—ion of this vvorke according to your foresaid â—rescriptions of truth temperance modesty and vrâ—anity and this both in center and circumference â—s neere as I can and if necessity at anie time or â—pon anie occasion shall enforce me to be more earnest it shall be rather in the matter it self then against the man I meane your self vvhose person and place I shall alvvaies haue in devv regard though I may not omit to tell you that in some partes of your booke especially tovvardes the end
inuisibilitie in those ages but novv she is become visible in our daies Nay you doe set her forth vvith so great an enlargement of greatnes and glorious apparence as you say she is more extended now then ours For that quoth you vve haue all England all Scotland all Germany all Denmarke all Poland a great part of France and some part of Italie VVherein your large extension of your Church in this second parte of your Relation if vve could beleeue you is no lesse strange then vvas your restriction of her secresie and inuisibilitie in the first For vvho vvil graunt you al England for Protestants vvhen they shall see so many prouisions made against both English Catholickes Puritanes vvhich later part of men as vvel as the former that they caÌ„not make one Church vvith you shall preseÌ„tlie be shevved in the Preface of this vvorke 30. Hovv you haue all Germany for youres there being so manie religions and the greatest parte Catholicke and other different Sects greatlie disagreeing from you I knovv not by vvhat figure you can make your Reader to beleeue that you speake truth The like I saie of Denmarke vvhere al are Lutheranes and not of your Church nor vvill it admit Caluinistes to dvvell or dy or be buried amongst them Of all Poland it is a notable hyperbole for so much as both the King â—â—d State professe publicklie the Catholicke reliâ—â—on and the Sectaryes that are in that kingdome â—â—e Trinitarians Arrians Anabaptists more perhaps â—â—nuber then Caluinistes I marueile you omitted â—â—ecia and Noruegia vvhere as they are not Cathoâ—â—â—kes so are they not of your religion or Church 〈◊〉 nor those of France neither though they be â—â—luinistes for as for your some parte of Italie I â—old to be no parte at all nor vvas it anie thing â—se but a certaine ouerflovving of your speach to â—ake the full sound of a greater number the Proâ—â—stants of France I say cannot make one Church â—â—ith you as neither those of Scotland vvith the residue of Holland Zealand and other of â—â—ose Prouinces vnited of Geneua as their Moâ—â—er-Church these I say being all Puritanes â—â—d Precisians cannot make any Church vvith â—ou in that vnion of faith and doctrine vvhich â—â—e vnity of a Church requireth as by your and â—â—eir ovvne confession vvritinges testimonyes â—â—d protestations is extant in the vvorld to be â—â—ene Wherefore I shall desire the intelligent Reaâ—â—r to make vvith me a briefe recollection about â— Attorneyes doctrine for his Church First he â—â—aunteth as you haue heard the Roman Church 〈◊〉 haue byn the true Mother-Church for diuers â—ges togeather spread ouer the vvhole vvorld dilated throughout all Prouinces perspicuous eminent and admirable in florishing glorie by the greatnes and multitude of her children professing Christ euery-vvhere in vnion of faith doctrine and Sacraments as the holie Fathers iâ— those ages and others ensuing doe testify vnto vs 32. Secondlie he vvill haue this glorious Churcâ— so to haue fallen sicke pyned and vvitheredâ— vvay vvithout groaning and so to haue vanisheâ— out of mens sightes as she could not be knovvn vvhere she vvas for many hundred yeares togeather nay he vvill haue her to be like a wedge oâ— golde so corrupted and mingled vvith lead anâ— tinne as no man can tell vvhere the gold lieth except he try it vvith the touch-stone vvhich touch stone in our case he saith to be the scripture vvhereby the Church must by euerie man be tryed and touched so as ech one that vvill knovv this Church and haue benefit from the same musâ— touch her first see vvhether she be the Church or no and so in-steed of submitting himself vnto her and to be directed by her he must first makâ— himselfe touch-maister and Iudge ouer her 33. Thirdlie M Attorney hauing shifted of this time of the inuisibility of his Church in this sort he novv in this last age maketh her so visible againe vpon the suddaine as that she comprehendeth all the Churches of the aforenamed Kingâ—â—mes of vvhat Sect or profession soeuer so that â—â—â—y differ from the Catholicke vvhich are some â—â—ne or ten Sectes at the least al dissenting amoÌ„g â—â—â—mselues professing in their vvritings actes â—â—d doings that they are not of one religion nor â—â—nsequentlie can be of one Church and yet eâ—â—â—ie one goeth vvith his touch-stone in his hand 〈◊〉 vvit the Bible as vvell as M. Attorney and are â—eady to touch him and his Church as he them â—â—d theirs but vvith different effect and successe 〈◊〉 he fyndeth by this touchstone as you haue â—â—ard that all they are of his Church but they â—â—d euery one of them by the same touch-stone â—â—e fynde the contrary and not one of them vvill â—â—unt I saie not one of all the vvhole number of nevv Sectes that the Church of EnglaÌ„d as novv standeth is either the true Church of Christ or â—â—eir Church and in this I dare ioyne issue vvith â— Attorney out of their ovvne bookes assertions â—â—d protestations So as novv M. Attorney that vvhich in the â—â—â—iptures is so memorable of it self so commenâ—â—d by Christ our Sauiour so respected by the Aâ—â—stles so testifyed and defended by the primitiue â—artyrs so magnifyed by the ancient Doctors â—â—d Fathers and by all good Christians so reueâ—â—nced and dreaded I meane the glorious name â—f the Catholicke and vniuersall Church and the benefit to be in her and of her vvithout vvhich no saluation can be hoped for of Christ but ineuitable and euerlasting perdition by vvhich on the other side and in which saluation onlie maie be attained all this I saie is come to be so poore base and contemptible a thing vvith you and so vncertayne as you knovv not vvhere your Church is nor greatlie care so that at all she be and vvhen you name your Sectary-brethren and associates therein they denie you and your alliance as you see and vvhen you assigne your touch-stone of scriptures they vse the same against you and proue thereby youres to be no Church and ech one of themselues in seuerall to be the onlie true and Christian Church And this haue you gained by leauing the Roman vvhich you graunt in old times to haue byn the holy mother-Church see vvherevnto you are come and this shall suffice for this matter 35. This epistle vvould grovv ouerlong if I should entertaine my self in all the impertinent speeches vvhich you had that daie in your glorie as it semeth against Catholickes the least parte vvhereof did in vvise-mens sightes concerne the prisoner at the barre though by your Rhetoricall application all vvas dravven vpon him by hooke or by crooke for that Yorke VVilliams Colen Squiar and Lopus vvere brought in squadron to muster there to that effect vvherof all notvvithstanding except the last are defended and their conspiracies most euidentlie proued to haue byn feygned by a learned vvorthy and vvorshipfull gentleman of our Countrey dedicated these yeares past to the Lords of the late
by me ansvvered For as for the other parte concerning treason and the vvhole Act of the late arraignement about the same I haue of purpose forborne to speake as vvell for that it is a matter not appertayning to my facultie as also in regarde of the devv respect I beare both vnto the lavves and customes of my countrie my Princes person and the honour of that great assemblie in all vvhich I haue nothing to complaine of all hauing passed by order but onlie of your extrauagant excursions to confoūd religion and treason togeather nay to make religion the fountaine of treason and therby to inuolue vvithin the hatred of treason all those that by conscience are tyed to that religion be they neuer so innocent than vvhich there can be no greater iniquitie imagined 49. VVith M. Garnets particular cause I vvill not meddle in this place he is gone to his last Iudge before vvhome also you and others that haue had parte in the handling therof must finallie appeare to see confirmed or reuersed vvhatsoeuer hath passed in that affaire As for that vvhich you others so often vrged against him to confesse that he vvas lavvfullie condemned by the tēporal lavv of the land importeth little for the impayring of his innocencie before almighty God You knovv vvho said in a farre vveightier cause concerning the tryal of our Sauiour himself VVe haue a law and according to this law he ought to dy for that he hath made himselfe the sonne of God and their error vvas not so much in the obiect as in the subiect for as for the lavv it self vve fynd it in Leuiticus that blasphemie vvhereof the highest degree vvas for a man to make himself God vvas punishable by death but the subiect to vvit the person of our Sauiour vvas mistaken they esteeming him to be onlie man vvhereas they ought to haue knovvne that he vvas God and man as vvell in respect of the predictions of al the Prophets foretelling that Christ should be the sonne of God as also of his stupendious actions that proued him to be trulie Christ so as though the lavv alleadged by the Ievves against blasphemie blasphemers vvere true and in force of it self yet held it not in the person of Christ but vvas in the highest degree iniurious as all Christian-men must confesse 50. Let vs see then hovv from this case of the maister some light may be dravvne to that of his scholler and seruant You M. Attorney pleaded against him as the Ievves Attorneyes did against our Sauiour and said Nos legem habemus c. vve haue a lavv that vvhosoeuer reuealeth not treason by such a space shall be accessarie of treason and dy as a traytor nor do vve deny the lavv or complaine thereof but yet if this case vvere pleaded in a forrayne Catholicke countrie vvhere the prisoner also shoulde haue his Attorney allovved him he vvould saie on the other side Nos legem habemus superiorem Ecclesiasticam Diuino iure intentam qua sacerdos neque mori neque puniri debet ob proditionem sub confessionis figillo cognitam non reuelatam vve haue a contrarie lavv to vvit an Ecclesiasticall and spirituall lavv higher then your temporall and a lavv founded on the lavv of God vvhereby it is ordeyned that a Priest shal neither dy nor be punished nor be accompted traytor for treason discouered vnto him vnder the seale of confession and not by him reuealed nay he shal be punished that most grieuouslie if he doe for anie cause reueale the same 51. And this plea of the prisoners Attorney vvhich by Catholicke doctrine and schooles is easilie proued in all the partes or members heere set dovvne vvould presentlie haue bene admitted in all Catholicke Countries and Courtes and in ours also vvhiles our Kings and people vvere of that religion and your temporall lavv vvould haue byn put to silence Oh you vvill saie but novv it is othervvise and vve care not for your Ecclesiasticall lavv VVherevnto I ansvvere Veritas autem Domini manet in aeternum If this lavv be foūded in Gods truth vvas left vnto his Church by Christ himself the fountaine of al truth for the honour and defence of his Sacrament of Confessiō as al ancient diuinitie doth affirme then must it for euer endure immutable and novv and then heere and there this countrie and that countrie this and that alteration of religion or Princes temporall lavves must not alter the case or substance of truth either in Gods sight or vvise mens eyes and so M. Garnets case dying for this truth in England novv is no vvorse then if he had dyed a thousand yeares gone for the same either in England or any other Cath. countrey that is to say he dying only for the bare cōcealing of that vvhich by Gods and the Churches Ecclesiastical lavvs he could not disclose giuing no cōsent or cooperation to the treasō it self should haue byn accōpted rather a martyr then a traytor no lesse novv 52. VVhich being so cōsider I besech you M. Attorney vvhat a different reckoning there is like to be betvveene you tvvo at your next meeting in iudgement you knovv somvvhat by experience hovv dreadful a thing the forme of publicke iudgement is but not so much as some others for that hitherto it hath byn stil your lot to be actor not reus predominant both in vvordes povver and consequently terrible nothing terrifyed but vvhen the time and case shal come vvherof the holie-ghost foretelleth vs Stabunt iusti in magna constantia aduersus eos qui se angustiauerunt Iust men that vvere ouerborne in this vvorld shal stand vp boldly vvith great constancy against those that ouerbare them and vvhen the saying of our Sauiour shal be fulfilled that euery man shal receaue be treated according to the measure wherby he hath measured to others then vvil be the day of woe neither doe I say this M Attorney to condemne your office I knovv that in all tymes vnder all Princes your office of Fiscal-Aduocate or Attorney hath byn in vse for the Princes seruice and good also of the Common-vvealth if it be vvell and moderatelie vsed but yet I cannot but friendlie put you in mind of that vvhich holie S. Gregory doth admonish vvhere he handleth the cause and reasons vvhy S. Peter S. Andrew S. Iames and S. Iohn retourned to their art of fishing after the Resurrection of our Sauiour but not S. Matthew to his Custom-hovvse to vvit that certaine artes and occupations there are more dangerous farre the one then the other as more subiect and incident to greater sinnes 53. In vvhich kinde trulie Sir if any office in the vvorld be daungerous in deed yours may be accompted in the highest degree that hath euery day almost his finger in bloud or in particular mens afflictions and ouerthrovves And albeit the act of iustice be laudable necessarie yet the Actor
doore or entrance to the Clergie by lawfull vocation and ordination is so necessarie as if it be not obserued all would grow to confusion and no man could know who hath spirituall iurisdiction ouer soules and who hath not And further he confesseth that albeit be appoint but two generall Sacraments for all sortes of people Baptisme to witt and the Lords supper yet he graunteth this Ordination of Church-ministers to be a true Sacrament also and to haue promise of grace annexed vnto it as other Sacraments haue but that it strecheth not so far as the other two doe but is particular for ministers and Clergie-men onlie 15. But then if we presse him how he and his came in by this doore he and they haue no other shift but to say that their first maisters and teachers entred in by this ordinarie vocation and ordination of our Bishops for others there were none at that time to call or ordayne them from whom afterward they disioyned themselues in doctrine to ioyne with the Apostles And this is the leap they make from our age to the Apostles time 16. But suppose they could say this of their first teachers that they had their ordination and consequentlie also their vocation and spirituall iurisdiction from our Bishops yet afterward when they fell to different doctrine and for that cause were cut of by excommunication from them and especiallie now when the said first teachers are dead and gone they can haue no other assurance of their vocation of ministerie then from the people of their owne sect in their Presbyteries as before hath byn said which how much it is or whether it may be any thing at all shall afterward be discussed 17. Now it shall be sufficient onlie for the argument of this Preface concerning the weight and importance of this Controuersie we haue with M. Attorney about spirituall iurisdiction that we consider and beare in mind the different origen from which ech partie of the foresaid three professors of Religion doe pretend to deriue their right and interest to the said spirituall iurisdiction which they exercise And what side soeuer erreth therin erreth also in the maine marke of their saluation and doth draw both themselues and their followers to euerlasting perdition And furthermore that the difference contrariety in this point is much more between Puritanes and Protestants then between them both and Catholickes For that they both doe graunt and cannot denie but that the deduction of spirituall iurisdiction in our Catholike Prelates hath come downe line-allie and successiuelie by ordination and imposition of â—ands the one of the other from the Apostles time though declined as they saie in doctrine But we on the contrary side doe inferre the suretie of our doctrine by the certaintie of this succession of Priestlie power and spirituall iurisdiction For that whersoeuer this is trulie to be found which cannot be but in the true Church there also hath Christ assured vs that by his omnipotent power and presence the puritie and certaintie of doctrine shall euer in like manner be infallibly conserued 18. But to the Protestant the Puritane doth not yeeld thus much by manie degrees and much lesse the Protestant to the Puritane For they doe not graunt the one to the other that they haue true ordination of Priests and ministers among them as to vs they doe in sâ—gne wherof if anie Priest of ours doe fall to their sideâ— they giue him no new orders but thinke him sufficientlie ordayned by vs to minister in their Church which the Protestant doth not admit in Puritane ministers but that they must be ordered againe by their Bishops as hauing no Orders before nor yet the Puritanes with the Protestant-ministers when they turne vnto them but doe appoint that he renounce his former Orders in their Congregation or Presbyterie and by new imposition of hands of the said Presbiterie he be ordayned a new minister in that profession so as by opinion and estimation of the Protestant-religion the Puritane-ministers are meere laie-men taking vpon them spirituall iurisdiction ouer soules without any lawfull authoritie or commission at al and consequentlie haue no power to preach or teach or administer Sacraments and much lesse haue they that high and excellent iudiciall authoritie to binde or loose sinnes And that which followeth also of this that they haue no Sacraments at all no Clergie no ministerie no sacred or diuine thinge but are onlie a lay companie of men and women ioyned togeather in a certaine worldlie secular society as Fish-mongers Iron-mongers Drapes and other like companies in London And the same opinion haue they of the Protestants and of their Church 19. And by this you may see how farre they differ in substance of religion though somtimes for fashion-sake they call themselues Brethren more indeed then both of them from vs as before hath byn said which proceedeth from this mayne ground Principle to wit from whence ech part draweth their Ecclesiastical Power Spiritual IurisdictioÌ„ ouer soules for that this being once found out all the rest is easie and cleere for so much as this true spirituall authoritie can be but in one partie and in one Church onlie which is the true and wheresoeuer it is found there is assurance also of all truth Christ hauing promised vs that this Church and the true Pastors thereof shall not deceiue vs nor be deceiued And therefore that we may boldlie and confidenlie heare their voice and doe that which they bid vs though otherwise in life and manners they should be as bad as Scribes and Pharises 20. And on the other side where this true authoritie and lawfull iurisdiction is not there we must not beleeue though they speake neuer so faire for that we are fore-told and fore-taught that they are but wolues in sheeps apparrel false prophets to deceiue theeues and murderers to kill and destroie other such fore-warnings left vnto vs by Christ and his Apostles All which ought to make vs vigilant attent diligent curious to vnderstand really the truth about Spirituall Iurisdiction which in the ensuing Treatise is handled so far forth as M. Attorney hath giuen occasion though nothing so largely as the thing it selfe might be discussed but yet sufficientlie for euerie discreet man to see the grounds and with that modestie also I hope as may iustlie offend no man And so I shall now passe on to ioyne with M. Attorney more neerly in the maine battaile if first by the way as it were of skirmish we shall answere somewhat in like manner to his Preface wherin diuers points are not vnworthy of consideration THE ANSWERE TO THE PREFACE of Syr Edward Cooke THE KINGES ATTORNEY About Error Ignorance and Truth and vvay to try the same CHAP. I. BEfore I come to discusse the Preface it self which I purpose to sett downe wholy as it lyeth in the Author it shall not be amisse perhaps Gentle Reader to speake a
and if they bee good and equall it is a publike benefit but much more if they be well executed by a iust Prince which importeth more than writen lavves For that he as M. Attorney confesseth is the soule of the law that giueth life who also without writen lawes either municipall or Imperiall may administer iustice by law of nature and nations if he will What speciall or singular commodity then is here shewed to issue out of the municipall lawes of England aboue others that they should be called our ancient best inheritance Yea as he addeth after in matters of greatest Importance meaning therby our soule saluation Is not this an ouerlashing is not this an egregious hyperbole Do not subiects in Scotland France Italy Spaine and other places enioy their goods in peace and quietnes and their liues and deare countreyes in safty as wel by their lawes Imperial as we do by our municipall Yes and much more if we will beleeue them and their learnedest this vpon some attent consideration of euents which dayly they heare and reade of many men both great and small to haue bin ouerthrowne and condemned in our countrey both in liues liuinges which they thinke by their Imperiall lawes were impossible And one only circumstance of English tryall in life and death to omit the rest doth leaue them astonished to witt that be he neuer so great a man yet for his life and landes honour posterity he may not haue that allowed him which in an action of fiue poundes renr or lesse he should obteyne which is a learned lawyer or aduocate to speake for him at the barre but that all the Princes officers and learned Counsell shall plead against him exaggerating matters to the vttermost and he only suffered to speake for himself and that in measure who for lack of skill or memory or tyme to consider or boldnes to speake or talent to vtter well his meaninge may there betray and ouerthrow both himself his whole posterity in his owne defence 24. And finally the last vpshot being of that dreadfull action to commit the matter to a iury of vnlearned men that must giue their verdicts openly and by consequence vpon the same causes before mentioned of error feare hope or other passion the Prince being alwayes on part interessed may easily be led finistrously to the prisoners condemnation All which inconueniences being carefully prouided for by course of other lawes do make forreine learned men to thinke that ours are more defectiue than we persuade our selues and that it may easily be beleeued that they were made indeed by a Conquerour And I could haue byn glad that M. Attorney in this place had alleaged some singular thing in their extraordinary commendation for that the enioying of our goods liues lands and contrey by them which he mencioneth are very ordinary and vulgar commendations and common to all lawes in generall that euer were made by reasonable men And yet do we not deny but that our English lawes for the whole corpes and dryft therof are very commendable especially where the spirit and meaninge of the first founders is obserued by the followers yet want there not by graue mens iudgments many considerable points that might be better rectified and namely concerning the imperious and dominant maner of proceeding of many lawyers and their exorbitant gaines which yet perhaps M. Attorney will place among the cheife commendations of our said common lawes 25. In the other point also of remitting men for the knowledg of their euidence ancient birth-right in some pointes of greatest importance to faithful Counseloures that will resolue them fully without feare affection or corruption if he meane by these Counseloures as he doth those Iudges and Sages of the Common-law from whom he hath taken these peeces against Ecclesiasticall Iurisdiction which after he hath set downe I must needs saie that it is litle to the purpose For albeit now they be dead he may well saie as he doth that they cannot be daunted with any feare moued by any affection or corrupted with any reward yet when they were aliue gaue their resolutions which he saith they did it is hardly credible that they were soe deuoide of those passions as he would make them they being no Saintes but wordlie men that sought their aduauncement vnder their Princes by pleasing their humours as lawyers of our tymes do wherof I could alleadg many examples and some perhaps we may touch after in their due places Now it shal be sufficient to remember that in diuerse Kings daies after the Conquest the cheife cōplaints of the people were against their cheife Iusticers would God wee had not the like cause now who in those times most gouerned the state or abused rather the same as the examples of Hubert de Borgo and Robert Tresilian cheif Iustices vnder K. Henry the third and Richard the second and both of then punished publiklie for their wickednes doe testifie And in the begining of K. Edward the third his raigne I read of a complaint made by the King and the whole Parliament that his father K. Edward 2. had byn induced by euil Counsellours which in that case may iustlie be presumed to haue byn his Iudges and lawyers to sease into his hands the temporaltie of diuerse Bishopricks c. Which for the time to come he promised not to doe And finallie after that againe when the contention and controuersie between the two potent houses of Lancaster and Yorke began and endured for almost 100. years I find few Iudges or great Sages of the common-law to haue lost their liues therin for anie side or partie as manie Dukes Earls Barons knights yea and some Bishops also religious did Which is a signe that those Sages were to wise to oppose themselues to anie sorte of Princes whatsoeuer but could accommodate themselues to all and draw the birth-right of laws to the establishing of any Kings right that by his sword could get the possession 26. But to prosequute these matters no further in this place I am only to adde for conclusion of all that the true ancien◠birth-right aud best inheritance of English subiects indeed i◠their right to Catholique religion which was first planted amonge them from the Sea of Rome by the singular zeale of holy Pope Gregory the first a thousand years gone and continued without interruption to our dayes as afterwards shall be shewed and that for seeking out and cleering the euidence of this right they ought to be diligent and to spare no labour paine or industrie for that therof dependeth their eternall saluation or damnation which doth not of the knowledge or not knowledg of the common law and that for certifyinge themselues in this point they ought to repaire to faithful Counsellers indeed who are the ancient Fathers and writers of Gods Church in euery age who being not only wise and learned but holy also may securely be
his flocke Pasce oues meas pasce agnos meos c. 13. This Spirituall and Ecclesiasticall Power then which Christ hath left for gouerning his Church though it be to be exercised heere vpon earth and by men yet is it iustlie called by holie fathers not humane Power but diuine and heauenlie both for that it was giuen immediatelie and exercised also by Christ himself that came from heauen and for that it tendeth to heauen and is approued in heauen yea to vse the Phrase of S. Chrisostome and other Fathers directeth and commaundeth the verie Tribunall of heauen which heauenlie Power on earth S. Paul as an Apostle extraordinary hauing extraordinarilie also receiued not by man but by Iesus Christ as himself doth signifie did so much glorie of as he wrote to the Corinthians If I should glorie some what of our Power which Christ hath giuen vs to edification and not to destruction I would not blush at it And a litle before in the same Chapter he saith Nam arma militiae nostrae non carnalia sunt sed potentia Deo c. For the armour of our warrfare are not carnall or wordlie armes but are power from God In promptu habentes vlcisci omnem inobedientiam c. hauing speedy means to reuenge all inobedience And yet further to the said Corinthians within two Chapters after Quoniam si venero iterum non parcam If I come vnto you againe I will not spare to punish And a little after in the same place Ideo absens scribo vt non durius agam secundum potestatem quam Dominus dedit mihi I doe write vnto you absent to the end that when I shall come and be present with you I be not forced to deale more roughly according to the Power which our Lord hath giuen me 14. Beholde the dreadfull Spirituall Power which S. Paul affirmeth to be giuen to him by Christ as well to punish as to instruct and direct and according to this Power he writeth againe to the said Corinthians Quid vultis in virga veniam ad vos an in charitate spiritu mansuetudinis what will you haue mee doe shall I come vnto you in the power of the rodd or in loue and spirit of mildnes As who would saie choose which you will And note that heer the Power of correction giuen to the Apostles their successours is called the rodd in respect of strikinge as before in the words of Christ it was called the key of the kingdome of heauen and the power of binding and loosing sinnes in regard of the dreadfull shutting or opening heauen or hell gates vnto vs. And accordinge to this power S. Paul afterward exercised iudgment gaue sentence in a certaine grieuous case of Incest among the said Corinthians in these words Ego autem absens corpore praesens autem spiritu iam iudicani vt praesens eum qui sic operatus est I though absent in body yet present with you in spirit haue giuen iudgment vpon him that hath committed this sinne as though I were present in body And the same Apostle writinge to his scholler Timothie doth tell of another sentence and iudgment pronounced by him vpon Hymenaeus and Alexander two seditions and hereticall men quos tradidi Sathanae saith he whome I haue deliuered ouer to Sathan which is as much to saie as I haue excommunicated cut them of from the Church of God wherby they come to be no more in the protection of Christ but in the power and protection of Sathan 15. And the like Spirituall Iudgment was exercised by S. Peter vpon Simon Magus when he said vnto him Non est tibi pars neque sors in sermone isto Thou hast no parte nor participation with vs in this word of God which we preach By which words of S. Peter the 30. Canon of the Apostles doth affime Simon Magus to haue bene excommunicated and cut of from the number of Christians and from all spirituall benefit belonging thervnto Which if we beleue S. Augustine was a more greiuous and dreadfull punishment than if he had been sentenced to be burned vvith fire drowned vvith vvater or pearced through vvith a temporall sworde In consideration wherof holie S. Chrysostome cryed out in his time Nemo contemnat vinculae Ecclesiastica non enim homo est qui ligat sed Christus qui nobis hant potestatem dedit Oh let no man contemne the chaines which ecclesiasticall power laieth vpon him in bindinge or loosinge his sinnes for it is not man that bindeth but Christ which hath giuen vnto vs that are Gouernours of his Church this power And S. Augustine againe Alligatur bomo amarius infaelicius Ecclesia clauibus quam quibuslibet grauissimis durissimis ferreis vel adamantini◠nexibus A man is bound more bitterlie miserably by the keyes of the Church than by any most greiuous sharpe iron or adamāt bounds Wherof the holy Martyr and Bishop S. Cyprian gaue the reason before them both sayinge That in the old law vvhich vvas Carnall God gaue cōmaundement that such as were rebellious to their Priests and Iudges should be slaine vvith the sword But now in the lavv of Christ that is Spirituall proude and disobedient men are commaunded to be slaine eternallie vvith the spirituall svvord vvhich is their castinge out from the Church out of vvhich they cannot haue life 16. This then is the Spirituall and Ecclesiasticall dreadfull Power which Christ hath planted in his Church by his owne immediate commission for gouerninge the same in the affaires of our soules vnto the worlds end And heere we may note also that the same is double or of two sortes The one internall concerning mans conscience onlie by loosinge or bindinge sinnes by means of Sacraments The other is external Iurisdiction in hearing iudging and determining causes in publicke affaires that doe fall out in the Church tending to the same end and this distinction is founded in the words of Christ himself as well for binding and loosing of sinnes in respect of our conscience as also in that he addeth Si ecclesiam non audierit sit tibi tanquam Ethnicus Publicanus If he heare not the Church let him be to thee as a Heathen or Publican that is to say as holy Fathers expound let him be excomunicated cast out from the Church and then fled and auoided as one seperated by the authoritie of the said Church from all communion and fruite of Christian religion as much as if he were an Infidell or Publican Which meaning of our Sauiour S. Paul well vnderstandinge said of like men Auferte malum ex vobisipsis Take away and seperate the euill from among your selues which words S. Augustine expoundinge saith to be as much as if he had said Hominem malum pernicipsum à vobis seperate per excommunicationem Doe you seperate from your selues an
especially in this place where our question is only of spirituall Iurisdiction in Ecclesiasticall causes which that it could not be in a woman in regarde of her sex all Catholique deuines doe proue by these reasons following 21. First by the disposition of the Canon-law which contayning the sense of Gods vniuersall Church from time to time both in the right and practise of this affayre of spirituall gouerment ought to be and is with wise learned Godly men of principall accompt credit and authority For that the said Canon-law is deduced from the decrees of Councells Synodes Popes auncient Fathers Doctors and Bishops and from the custome and practise of the said Church from time to time directed by Gods holy spirit according to his promise and receiued throughout all christendome from age to age though now contemned by certayne new maisters whose maistery standeth in this to scoffe at that which they vnderstand not or list not to follow be it neuer so good 22. This law then and iudgment of the Church is so far of euer hath been from graunting spirituall Iurisdiction to be in any Queene as in Capite by right of any temporall Crowne to be deriued from her to others as it doth not allow any woman to be capable of any spiritual power or Iurisdiction though it be but delegated giuen by commission substitution from another as appeareth by the textes of Canon-law cited heere in the margent And the princypall reason herof is that all spirituall power being of two sorts Ordinis Iurisdictionis of holy order Iurisdiction the femynine sex is capable of neither of them Not of the power of Order saith S. Thomas which belongeth to the administring of Sacraments for that a woman by her sex cannot administer them nor is capable of Preist-hood or sacred orders required therunto And in this both Caluin and Cluinists agree with vs though Luther at the beginning held that all Christians baptized might be preists and administer Sacraments aswell women as men yea children and diuells also if they vsed the wordes institution of Christ as in the places of this worke◠here quoted may be seene 23. The second part of Spirituall power appertayning to Iurisdiction either internall or external in fore conscientia or in sore contentioso that is to absolue or loose in the secret Trybunall of conscience or in the open Court of externall contention cannot fall vpon a woman for the infirmity and indecency of her sex saith the Canon-law and for many other absurdities that would ensue therof if a woman should be admitted to the actes of Ecclesiasticall Iurisdiction which are principally two Docere Iudicare saith the said law to teach and iudge wherof neither of them standeth well in a woman to exercise ouer men the same lawe noting that albeit Christ our Sauiour loued well Mary Magdalen and other holy women that followed him and serued him vnto his death yet is it neuer read that he committed any part of Iurisdiction in gouerning his Church vnto them no not vnto the blessed Virgin his mother though she were replenished with grace full of the holy Ghost And this of the Canō-law 24. For the Ciuill albeit little occasiō was giuen therin amongst the ancient heathen Romanes the chief Authors therof to talke of of this controuersy of Spirituall Iurisdiction their whole subiect being of temporall Ciuill affayres yet in a certayne Treatise De Regulis Iuris of the rules of that law they haue this direction Faeminas remotas esse ab officijs publicis ideo iudices esse non posse That women are to be remoued by the Ciuill law from all publique offices therfore cannot be Iudges And if in Ciuill matters by that law they could not be Iudges how much lesse can they be supreame Iudges in spirituall causes which are of a far higher dignitie and indecency for women to meddle therin All which better appeare by that which is to eusue out of the law both of Nature and Grace which are the groundes of these Ciuill and Canonicall Constitutions For as the Ciuill law followed the one so the Canon followeth the other or rather both for that both proceed from God and are his lawes 25. To consider then of the law of Nature which is common to all Nations we read in the booke Genesis that the order obserued by God in the creation of man and woman was this that first Adam and all other Creatures were made and placed in paradise and afterward Eua was created for man and out of man and to the liknes of man as man was created before to the likenes of God Out of which order of Creation S. Paul doth in diuers places gather the naturall subiection of woman vnto man especially in spirituall matters appertayning to God to be eternally established by this law of their creation 26. For when to Tymothie he had said Docere autem mulieres non permitto neque deminari in virum I doe not permitt women to teach nor to haue dominion ouer her husband he addeth presently for his reason these words For Adam was first created and then Eua And Adam was not seduced but the woman was seduced And the same Apostle writing to the Corinthians about a certayne precept and ordination of his that woman should be couered in the Church men not and men to haue their hayre cutt women not in signe of subiection and subordination the one to the other he saith I doe prayse you brethren for that you are mindfull of me in all things and doe obserue my precepts as I deliuered them vnto you I will haue you knowe that Christ is the head of euery man and man the head of the woman and God the head of Christ. And as euery man that prayeth or prophesieth with his head couered dishonoreth his head which is Christ so euery woman praying or prophesying with her head not couered dishonoureth her head which is man And the man ought not to couer his head for that he is the Image and glory of God but the woman is the glory of the man for man was not made of the woman but the woman out of man not was the man created for woman but the woman for man c. Ipsa natura docet vos Nature it self doth teach you c. 27. Now then out of these deductions from the law of Nature so much vrged as you see by S. Paul for subiection and subordination of women euen in little small points concerning Religion as about speaking teaching and veiling their heads in the Church it may be inferred how earnest the same Apostle would haue bene if the question had been propoūded about the highest poynt honour office of Religion which is to exercise the place of Christ by mediation betweene God and man and to be as it were high-priest and President ouer men
done against the priuiledges of their Crownes 21. After S. Mellitus who dyed Bishop of Canterbury there succeeded in that Sea by the appointment of Pope Boniface the fifth the holy man Iustus Bishop of Rochester before who by his doctrine and holie life had holpen greatly to the reduction of Eadbald King of Kent who after the death of his good Father K. Ethelbert by dissolute life had fallen backe againe to Paganisme and renounced the Christian faith But afterward returned againe and became a good Christian King and presently therupon he wrote his humble letters of submission to the said Pope Boniface the fifth as appereth by the Popes answere vnto the said Archbishop Iustus vpon the yeare of Christ 618. related by S. Bede where Boniface writeth Susceptis namque apicibus filij nostri Eadbaldi Regis c. We hauing receaued the letters of our sonne K. Eadbald we doe fynd therby with how great learning of Gods worde you haue moued his mind to true coÌ„uersion vndoubted faith And in the same letter he signifyeth that togeather therwith he sent him to wit to S. Iustus the pall with authority of Archbishop of Canterbury and further concedentes etiam tibi ordinationes episcoporum exigente opportunitate we doe also graunte vnto you power to ordeyne Bishops wheresoeuer opportunity for Gods glory is offered Neither did Pope Boniface thinke to displease or iniure K. Eadbald by writing in this sorte or by giuing to this Archbishop S. Iustus such authority to make Bishopps ouer all England as herby he did without respect of his kingly power as you see 22. And not many yeares after this againe to witt vpon the yeare of Christ 621. K. Edwyn of the Northumbers Regum potentissimus inter Anglo-saxones saith Malmesbury the most potent of all other Kings amongest the English-Saxons was conuerted to the Christian faith by the preaching of S. Paulinus sent thither from Kent by the foresayd Iustus Archbishop of Canterbury as to accompany the most Christian Lady Ethelburga daughter of K. Ethelbert who was married to the said K. Edwyn vpon hope of his conuersion to ensue therby as after it did This man then some dozen yeres after his said conuersion desiring to haue an Archbishopricke erected in his Kingdome in the Citty of Yorke and to haue Paulinus that was there with him to be made Archbishop therof not esteeming it to be in his owne power to doe the same of himself or by his Parlament though he were a Christian King whither thinke you or to whome did he make recourse and sute to haue the same effected S. Bede saith that he sent an â—â—bassadge to Rome to Pope Honorius to demaund this benefit at 〈◊〉 hand as also for so much as the foresaid S. Iustus Archbishop of Canterbury was now dead he would appoint some other in 〈◊〉 place and namely a holy Reuerend man called Honorius and that for auoyding of so often recourse to Rome in those troublsome dayes full of warrs and daungers he would vouchsafe to appoint that whosoeuer should dye first of these two Archbishops of his district Honorius and Paulinus for now the gouernment of Kent apperteyned also to Edwyn the suruiuer of the two should appoint and consecrate a successour vnto him that dyed All which demaunds Honorius the Pope graunted vnto K. Edwyn as appereth by his answere recorded by S. Bede in these worâ—â— Eae verò quae à nobis pro vestris sacerdotibus ordinanda sperastis c. As fâ—â— the things which you hope I will ordeyne for your two priests Paulinus Honorius we doe willingly with a gratefull minde and without all delay goe about to performe in respect of the syncerity of your faith which by the faithfull relation of the bearers of your letters was much to your praise insinuated vnto vs. And therfore we haue sent vnto Honorius and Paulinus two palls of Metropolitanes and haue ordeyned that whosoeuer of them two shall first be called out of this world vnto his maâ—â—â— the other that remaineth may ex hac nostra auctoritate by this our authoritie giuen him subrogate another in his place Which priledge we are induced to graunt as well for the speciall affection of loue which we beare towards you as also in regard of so long distance of Countryes that lie betweene you and vs c. 23. Thus wrote Honorius the Pope to K. Edwyn in these dayâ—â— and thus he thought of his Ecclesiasticall iurisdiction ouer England as well as other Countreys Neither did K. Edwyn thiâ—â—e himself iniured therby but much honoured and obliged And the same Pope Honorius writing at this very time to the forsaid Honorius whome he had made Archbishop of Canterbury by sending him the pall as you haue heard beginneth his letter thus Dilectissimo Fratri Honorio Honorius and then shewing him what authority he had sent to him and to Paulinus Archbishop of Yorke he hath these words Quae pro vestrarum Ecclesiarum priuilegijs coÌ„grâ—â—râ— posse conspicimus non desistimus impertire we doe not ceasse to graunt vnto you those things which we see to be coÌ„uenient for the priuiledges of your Churches c. Consider of this superiority 24. And after this againe about some thirty yeares the sixth Archbishops of Canterbury being dead whose name was Adeodatus the two Kings of Northumbers and Kent to witt Oswy and Egbert being very solicitous saith S. Bede to haue a good Archbishop giuen them that might appoint good Bishops throughout the Realme resolued to send a common embassadge to Rome to Pope Vitalianus to obteyne the same And the more to facilitate the matter they caused an English priest named VVighard cum electione consensu Sancta Ecclesia gentis Anglorum saith the same author by the election and consent of the holy Church of the English-nation to be sent to Rome and presented for this effect And togeather with him they sent certaine religions oblations almes to the vse of S. Peters chappell but the said Priest dying so soone as he arriued could not satisfie their desires Whervpon the Pope wrote backe seuerall letters wherof that to King Oswy began thus Domino excellentissimo filio Oswie Regi Saxonâ— Vitalianus Episcopus seruus seruorum Dei c. Wherin after congratulation for his zeale and feruour and the presents gifts and offerings sent to S. Peters chappell he answereth to the busines proposed thus We could not find out at this present a fitt man to be made Archbishop and sent vnto you according to the tenour of your letters but as soone as any such person shall be found as is apt we shall direct him to your countrey with our instructions c. He that brought your tokens hither so soone as he had visited the Churches of the holy Apostles was taken away out of this life to our great griefe But to the bearers of these our letters we haue deliuered for you certaine sacred
to returne to the obedience and freindship of her King and husband and in the end threatneth to vse the Censures of the Church against her if she obaied not Parochiana eniuâ— nostra es saith he sicut â—◠〈◊〉 non pâ—ssumus deesse iustitia c. For you are our Parishioner aâ— also your husband I cannot but doe iustice either you must returne to your husband againe or by the Canon-law I shall be forced to constraine you by Ecclesiasticall censures I write this vnwillingly and if you repent not I must doe it though with sorrow and teares 6. The like letter at the same time wrote Richard Archbishop of Canterbury to K. Henry the sonne persuading him by diuers earnest arguments to returne into grace with his Father and in the end threatned him that if within fifteen dayes he perfourmed it not he had expresse commaundement from the Pope to excommunicate him But how this matter was afterward ended or compounded rather for that present you shall heare a little beneath though againe vpon other occasions matters brake forth brought the afflicted King at last to the most miserable state of desolation in minde that euer perhaps was read of in historyes For that as Stow out of auncient writers reporteth he died cursing the day that euer he was borne and giuing Gods curse and his to his sonnes which were only two liuing at that time and that he would neuer release or goe backe in this albeit he was intreated by diuers both Bishops and other religious persons euen vntill the very houre of his death Wher vnto Nubergensis addeth this saying for some reason therof Nondum vti credo satu defleuerat c. He had not as I beleeue mourned or bewailed sufficiently the rigour of that most vnfortunate obstination of mind which he had vsed against the venerable Archbishop Thomas in giuing the occasion of his murder and therefore doe I thinke this great Prince to haue had so miserable an end in this world that our Lord not sparing him heere might by his temporall punishment prepare him euerlasting mercy in the life to come So Nubergensis And this for his manners and conuersation wherin otherwise the said Author doth much commend him for a good Iusticer and leuing Father to his people a great Almes-man and founder of pious works and for a principall defender and preseruer of Ecclesiasticall libertyes c. 7. But now if we consider the point of our controuersie about his religion and particular iudgement in the matter of Ecclesiasticall iurisdiction no King euer of our nation did make the matter more cleere for his obedience to the Sea of Rome in all occasions wherof he had many in his dayes some of them neerly concerning himselfe as that of Thomas Becket Archbishop of Canterbury who for opposing himself against certaine new Statutes and Ordinances of the said King which in the heat of 〈◊〉 greatnes and temporall fortune he would haue made against the liberty of the Church pretending them to haue byn of his Grand-father K. Henry the first and if they had byn the antiquity was not great as you see the said Archbishop incurred highly his heauy indignation which cost him afterward his life as is notorious And these lawes were six in number as the histories of that time doe sett them downe The first that no appellation might be made to Rome without he Kings consent The second that no Bishop might goe out of the Realme without the Kings licâ—nce though he were called by the Pope himself The third that no Bishop may excommunicate any man that held of the King in capite but by the Kings approbation The fourth that it shall not appertaine to the Bishop to punish men for periury â—â— violating their faith but that it shall belonge to the Kings Courts The fifth that Clarks may be drawne to secular tribunals in certaine causes The sixt that the King and his lay-Iudges may determine controuersies about titbes or Churches 8. These were the lawes for which K. Henry the second made so much adoe to haue them passe as he enpawned his whole power therin moued for so much as in him lay both heauen and earth to effectuate them euen by the Pope himself but could not And yet you see that heere is not pretended any absolute spirituall iurisdiction but only delegatory in certaine little peeces and parcels therof or rather some little restraint of that supreme authority which he acknowledged to be in the Sea of Rome But yet for the good and peace of his land he pretended to haue them graunted confirmed allowed vnto him as he said they had byn to his Grand-father but could not shew it For as you haue heard in the life of K. Henry the first the holy and learned prelate S. Anselme stood against him in such sorte so as he preuailed not 9. It is heer also specially to be noted against M. Attorney that this King pretended not as hath byn said to haue this iurisdiction against Clergie men by right of his Crowne but by concession rather of his Bishops and confirmation of the Pope himself For so expresly affirmeth Houeden that liued at that tyme that he required the seales of the said Bishops and confirmation of Pope Alexander the third whervnto when Thomas Becket Archbishop of Canterbury that was Legatus-natus would not yeeld the King sent messengers to Rome presently saith Houeden to wit Iohn â—â—â—â—ford Geffrey Ridell to desire of Pope Alexander that he would make his extraordinary Legat in England Roger Archbishop of Yorke an old emulator and enemy of S. Thomas But the Pope perceiuing his drifte which was to oppresse the said Archbishop of Canterbury denyed the Kings petition in this behalfe though at the request of the Kings said messengers Consessit Dominus Papa vt Rexipse Legatus esset totius Angliae it a tamen quod ipse nullum grauamen facere posset Cantuariensi Archiepiscopo The Pope graunted that K. Henry himself should be his Legat ouer all England but yet so as he should not be able to lay any aggreiuaunce vpon the Archbishop of Canterbury that is to say should not preiudicate his ordinary iurisdiction or haue any authority ouer him Which point the King perceiuing and that his whole intent of oppressing the said Archbishop was heerby preuented he would not through indignation saith our Author accept of the said legation but sent back the Popes letters of that commission to him againe Wherby you see that he refused the said office for that he thought the iurisdiction giuen him was lesse then he would haue had and not for that he did not acknowledge the whole to be in the Pope and nothing in himself as from the right of his Crowne 10. But to abbridge this matter concerning his contention with S. Thomas wherof afterward he sore repented himself as you will heare though he entred into the same with great
Canterbury where the glorious body of Thomas the martyr lay where with abundance of teares and sighes going bare-foote and casting himself prostrate on the ground he did demaund pardon and mercie humbly beseeching first that the Bishops there present would absolue him and then that euery religious man would giue him three or fiue strokes of a discipline or whip on his bare flesh then putting one his apparell againe which in all their presence he had put of he rose from the ground and then gaue precious gifts to the said Martyr and his sepulcher and among other forty pounds by the yeare of perpetuall rent for maintenance of lights at the said Sepulcher and so giuing himself to waching fasting prayer for three dayes togeather it is not to be doubted saith he but that the said martyr being pleased with his repentaunce and deuotion God also by his intercession tooke away the Kings sinne So VValsingham 20. And presently in token heerof he saith that the verie same day wherin the King was most deuout in humbling â—imself and kissing the said martyrs Tombe in Canterbury God deliuered into his hands VVilliam King of Scotland who was taken prisoner by his Captaines and that vpon the same day also his rebellious sonne K. Henry the 3. hauing taken shipping to come with a great Nauye into England against him was driuen back by tempest the King himself going to London was receiued with extraordinary ioy of al his people by whose help he soone pacified and conquered all his rebells and thence going presently ouer into Normandy with a great armie and leading prisoner with him the foresaid K. of Scotland with diuers other enemies fallen into his hands hee so terrified the King of France and other his confederates that beseiged the Cittie of Roane as they retired presentlie and his sonnes Henry Richard Geffrey so humbled themselues vnto him as they were reconciled and receiued to grace againe all comming home togeather in one shipp saith VValsingham whom a little before it seemed that the wide world could not containe 21. And this was the effect of K. Henries deuotion at that time which Petrus Blesenâ—is also that was most inward with him doth â—estifie recouÌ„t at large in an epistle to his freind the Archbish. of Palermo in Sicilie wherin hee affirmeth not onlie that K. Henry assured himself that hee had all these good successes by intercession of the said holy martyr S. Thomas but moreouer that hee tooke him for his speciall Patron in all his aduersities Illud quoqâ—â— noueritis saith he Dominum Regem gloriosum martyrem in omnibus angustijs suis Patronum habere praecipuum This also you must know that my Lord the King doth hold the glorious martyr S. Thomas for his cheife Patrone in all his straites and necessities and the same you may read in Nubergensis that liued at the same time though not so intrinsecall with the King as the other And this passed at that tyme though afterward he committing his said Q Eleanor to prison for diuers years before his death and continuing his loose life with other women as hath byn said God for punishment permitted that albeit two of his sonnes Henry and Geffrey died before him yet the other two remaining Richard and Iohn and falling from him againe did so afflict and presse him as they brought him to that desolate end which before hath byn mentioned Though some other doe ascribe the cause heerof not so much to his loose life as to his irreuerent dealing sometymes in Church-matters For so two Bishops that were his Embassadours wrote vnto him in confidence as Petrus Blesensis doth testify saying Non est quod magis hostes vestros incitat ad conflictum quam quod arbitrantur Vos Ecclesia Dei minus extitisse deuotum There is nothing that doth more stir vp or animate your enemyes to fight against you then for that they persuade themselues that you haue sometymes shewed your self lesse deuout towards the Church of God And thus much of K. Henry OF THE RAIGNE OF K. RICHARD THE FIRST The sixt King after the Conquest §. II. 22 For that we haue byn somewhat large in the life of K. Henry the Father we meane to be breefer if it may be in his children who were only two that seruiued him and raigned after him to wit Richard Iohn for that the two other Henry that was crowned and named by him K. Henry and Geffrey Duke of Brittany after their many tumultuations conspiracies disobediences against their said Father died in his life tyme and of these two that liued he had little comforte as before you haue heard 25. And yet proued this Richard no very euill King afterward for the space of ten years that he raigned though vnfortunate both in warre and peace which men ascribe in great parte to the demerit of his owne disobedience against his said Father For punishment wherof both his owne brother Iohn conspired often against him and K. Philip of France hir colleage and confederate brake his faith with him and the Duke of Austria persidiously tooke and held him prisoner in his returne from Ierusalem and Henry the Emperour laid him in fetters and many other miseries followed and fell vpon him vntill at length he was disasterously slaine by a poisoned arrow shot out of a Castle against him as our histories doe testifie 24. But as for his religion it was all wayes truly Catholicke in no point different from that of all Christendome in his dayes And particularly in that which appertaineth to our controuersy he was most obedient deuout to the spiritual authority of the Sea Apostolicke in all his actions which I may proue by the authority of a whole Synod of the Archbishop of Roane and all his Bishops writing to Pope Celestinus the third in recomendatioÌ„ of his cause when he was Captiue sayinge Christianissimus Princeps Rex Angliae illustrissimus Dominus noster deuotissimus Ecclesia Romanae filius quem specialiter in suam protectionem susceperat in sua peregrinatione c. The most Christian Prince Richard King of England and our most honorable Lord and most deuout sonne of the Romaine Church whome the said Church had specially taken into her protection in his iourney to Ierusalem is now vniustly detained c. 25. But if this testimony were not yet all his other life and actions as hath byn said doe sufficiently testifie the same For first to goe in order and name some few of many it is registred by Houeden that liued at that tyme and was present perhaps at his coronation how religiously and humbly he receiued the same at the hands of the Archbishop and Clergy not calling himself King but Duke only vntill he was crowned Cum autem Dux saith he ad altare veniret c. When the Duke came before the Altar in presence of the Archbishops Bishops Clergie and people he first fell downe
cases of heresie hath no substance in it at all for so much as you see it was directed by the Canon law long before K. Henry was borne 15. Wherefore to his last instance that the Pope cannot alter the laws of England I answere it is true touching temporall laws for they are to be made or altered by the English Prince and Parlament but Ecclesiasticall laws of the Church if they be positiue not deuine he might in all those auncient times vpon iust causes alter as I thinke M. Attorney will not deny and then by good consequence if it be true which euery where he striueth to proue that Ecclesiasticall laws though made by the Pope are laws also of England and may be called English lawes when they are admitted in England it followeth I say against himself in this assertion that the Pope might alter the lawes of England in that he might alter those Canon-lawes that were admitted in England thereby made English lawes The Attorney 1. The Iudges say that the Statutes which restraine the Popes prouisions to the benefices of the aduowsons of spirituall men were made for that the spiritualty durst not in their iust cause say against the Popes prouisions so as those Statutes were made but in affirmance of the common laws 2. Excommunication made by the Pope is of no force in England and the same being certified by the Pope into any Courte in England ought not to be allowed neither is any certificate of any excommunication auailable in law but that is made by some Bishop in England for the Bishops are by the common laws the immediate officers ministers of iustice to the Kings Courts in causes Ecclesiasticall 3. If any Bishop doe excommunicate any person for a cause that belongeth not vnto him the King may write vnto the Bishop and commaund him to assoile and absolue the party 4. If any person of religion obtaine of the Bishop of Rome to be exempt from obedience regular or ordinary he is in case of Premunire which is an offence as hath byn said contra Regem Coronam Dignitatem suam The Catholicke Deuine 16. I haue conioyned three or foure obiections togeather for that indeed all make not the due waight of one Wherfore to the first I answere that little it importeth to our controuersie what those Iudges said why the Statutes were made against the Popes prouisions in affirmance of the Common-laws for this may be said of euery new Statute whatsoeuer that it is made in affirmance of ancient Common-law albeit the said law supposed to be common no where appeare nor any reason proofe or probability be alleadged why it should be Common-law before that fact or Statute appeared So as this Common-law is now by M. Attorney made so common as it cometh to be Ens transcendens embracing all that is or can be deuised by any of his Iudges or Reuerend Sages or rather he maketh it Ens rationis or a meere Chymera that as Logitians hold hath no essence or being at all à parte rei but only in imagination For seing that the Popes prouisions had endured in England for so many ages before as all doe and must graunt how may the common law be presumed all that while to haue byn against the same yet no mention euer made therof These are morall impossibilityes to say no more 17. The second point doth answere it self and we haue touched the same before that by agreement in England the Popes Buls of Excommunication when they were sent should not be admitted ordinarily but by the certificate of some Bishop of England for preuenting the fraudes or false suggestions which particular men might vse therein And wheras M. Attorney heere againe saith that the Bishops are by the Common lawes the immediate officers and ministers to the Kings Courtes in causes Ecclesiasticall he runneth againe to his old Chymera of imaginary Common lawes For where is this Common-law that maketh Bishops to be officers and ministers to the Kings Courts in causes Ecclesiasticall For if the Common-law or Iudges thereof cannot so much as heare or take conusaunce of any spiritual causes belonging to Bishops Courts as often M. Attorney affirmeth in this his booke how much lesse can it or they by vertue therof appoint Iudges or make them officers in those spirituall Courts which haue their authority from the Canon and not Common lawes 18. To the third obiection little answere is needfull For who seeth not but that euery King in his Kingdome may commaund all â—â—â—es of people to doe their duty to surcease from wrong And so if a Bishop for a cause not belonging vnto him should excommunicate any the Prince may commaund him to absolue 〈◊〉 party whome vniustly he hath excommunicated if the iniustice bee so apparant as heere is presumed But M. Attorney should haue proued that the King himself might haue absolued him as in truth he might if he had Superiour authority to the Bishop in Ecclesiasticall causes as he may absolue immediately by himself all that are censured or sentenced adiudged or condemned by his Chauncellour lay Iudges or temporall officers and ministers nor hath he need to send the party to be assoiled by them or to will them to doe it as heer he doth the Bishop but might doe it himself or by some other giuing him authority thervnto which yet neuer King of England did attempt before King Henry the 8. 19. To the 4. braunch is answered that by good reason it was agreed that no religious man hauing made his vow of obedieÌ„ce in England should seeke to Rome for exemption therof without proposing his causes first in England it self for that otherwise vpon false informations suggestions of the party against his Superiours many troubles and inconueniences might follow by such exemptions and this is that which is touched in the Statute it self here alleadged affirming that no man shall goe to Rome for that which may be determined in England c. And now consider I pray you what all these foure instances laid togeather doe weigh in poyse of good reason But let vs see further 20. A fourth instance of M. Attorneys is taken out of a Statute of the 6. yeare of K. Henry the 4. where the commons doe againe make complaint of other new aggreiuances by the Courte of Rome to wit that such as are to be preferred to Bishopricks Archbishopricks and other Prelacyes cannot be admitted vntill they haue compounded with the Popes Chamber for paying of the first fruites of the said benefices and other dutyes required vvhervpon the King saith the Statute by the aduise and assent of the Great men of his Realme in Parlament and note that he nameth not heer the spirituall Lords did ordaine that whosoeuer should pay heerafter to the said Chamber or otherwise for such fruites and seruices greater summes of money then had byn accustomed in time past
the same was taken from him soone after togeather with his life by the cruell ambition of Richard Duke of Glocester brother to the deceased King so little motion made his oration and protestation against ambition at his death in the heart of him that was so furiouslie set vpon the same and desired to bee in his place 2. This man entring then with such boisterous and vnnaturall iniquitie of the slaughter of two of his Nephews continued that violent gouernment for two yeares and some what more though with many afflictioÌ„s both inward and outward and finallie lost it againe with the losse of his life and proued with a shorter experieÌ„ce then his brother King Edward had done before him how much more paine then pleasure that place brought to the violent possessor especiallie if iniustice goe with it which is the cheife origen and fountaine of all disasterous small successe 3. This man therefore being taken away by the sword of Henrie Earle of Richmond called afterward King Henrie the seauenth he held the same for 24. yeares with different successe in different times for that the former parte of his raigne wanted not waues and sourges and some troublesome motions as in reason it could not so manie great tempests and fierce stormes hauing inquieted the sea before But the later parte of his raigne was more calme milde and sweet hee hauing partlie by his ofspring and linage and partlie by his marriage stopped that great breach and inundation of miseries that brake into our Realme by the diuision of the two howses of Lancaster and Yorke and partlie also by his prudent moderation and gouernment of the Crowne so calmed and quieted mens minds humours and passions as they tooke delight to liue in peace and in this state he left his Realme to his heire and successor King Henrie the eight 4. These foure Princes then succeeding ech one the other in the Crowne of England and holding the same between them for the space of 50. yeares togeather excepting one or two though one of them were not crowned but ought to haue byn which was King Edward the fifth another was crowned that should not haue byn to wit King Richard the third howsoeuer otherwise in regard of linage family faction pretention or succession they were opposite or different one from another in affection iudgement or action for temporall affaires yet in profession of religion were they all one all and euery one of them professing the same faith and holding the same forme of Christian Catholicke religion which all their auncestors had done both before and after the Conquest And this not only in other matters but in the very point also of our controuersie concerning the practice and acknowledgement of the soueraigne spirituall authority of the Church Sea Apostolicke of Rome which may breifly besides all other means be demonstrated by these reasons following 5. First for that none of them was euer noted for the contrary which they would haue byn eyther by freinds or aduersaryes if any such occasion had byn giuen by them especially in that great and bloudy contention between the two houses of Yorke and Lancaster wherin both partes did desire to haue the fauour and approbation of the Sea Apostolicke and good opinion of the Clergy at home And if any least signe or signification had byn giuen by any of these Princes of different iudgment or affection in this behalfe their aduersaryes would haue vrged the same presently to their preiudice and disgrace which we read not to haue byn done 6. Secondly the practice of the said authority and iurisdiction of the Sea Apostolicke vsed vnder these Kings as vnder all former except only the manner of execution in two or three particular cases before mentioned that were conioyned with temporalityes doth euidently conuince the same as namely that all English Bishops Archbishops and other Prelates being elected or nominated to any dignity had euer their Buls and confirmation from Rome and the Metropolitans their palls The Archbishops also of Canterbury that liued with these Kings Thomas Bewser Iohn Morton Henry Deane and VVilliam VVarham who was the last Catholicke Archbishop that held that Sea immediatly before Thomas Cranmer All these I say besides other points of testifying their obedience and subordination to the said Sea did according to the auncient stile of their Catholicke predecessours write themselues Legats of the Sea Apostolicke as may be seen in Fox and other Protestant-writers in relating their commissions in sitting vpon hereticks c. 7. Thirdly the said Iohn Fox doth sett downe in his storie of Acts and Monuments more wickcliffian Sectaries and Lollards to haue been condemned and burned vnder these Princes then commonly vnder anie other before which Sectaries as is knowne did principallie impugne the spirituall authoritie of the Sea of Rome which thinge it is likely the said Princes would not haue done or permitted if they had been euill affected themselues that waie And the said Fox in the end of King Henry the 7. his life doth set forth many painted and printed pageants of the Popes Greatnes in those daies more then euer before 8. And finally not to labour more in a matter so manifest and cleere of it self there was neuer more intercourse between England and Rome for spirituall affaires then vnder these Princes to witt for inductions and inuestitures to all spirituall iurisdiction as hath been said for dispensations indulgences interpretations in doubtfull matters priuiledges franquises Charters for confirmation of Churches Chappels Colledges or Monasteries that were buylded diuers Embassages also were sent to Rome and speciall Legats were sent to England vpon particular vrgent occasions And as these kings had allwaies their Orators ledgers in that Court so had the Popes of that time their ordinarie Nunciâ—s yea and Collectors also of their temporall commodities in England as wee may read in Polidor who among others commeÌ„deth highly the learned Cardinal Hadryan who had been the popes Collector vnder K. Henry the 7. as himself also was vnder K. Henry the 8. This then maie bee sufficieÌ„t for some generall notes and proofes of this truth for that to prosecute particulars in this Kind were ouer tedious Now then shall wee passe to peruse and answere briefly the instances which M. Attorney citeth out of the raignes of these Kings as little to his purpose as the former Instances out of the raigne of K. Edvvard the fourth the sixtenth King after the Conquest §. I. The Attorney 6. In the raigne of K. Edward the 4. the Pope graunted to the Prior of S. Iohns to haue Sanctuarie within his Priorie and this was pleaded and claimed by the Prior but it was resolued by the Iudges that the Pope had no power to graunt anie Sanctuarie within this Realme and therefore by iudgment of law the same was disallowed The Catholicke Deuine M. Attorney repeateth still the word Law to shew thereby that he
togeather in one as also for that they are of so small substance as they deserue not to be handled a part For as to the first concerning the buying of alume of the Florentines who doth not see but that it is a temporall case wherin the Realme of England or Marchants therof being interessed the State might pretend iust cause to differre the admission or execution of the Popes sentence of excommunication touching that affaire vntill they had better informed him of the truth or iustice of the cause in their behalfe For this is vsed ordinarily by all Catholicke Princes and States euen at this day 17. The second obiection about the punishment of Priests and Clergy-men by their Bishops and Archbishops hath nothing in it at all that may make for M. Attorneys purpose For that heere is not giuen by Parlament any new spirituall iurisdiction to Bishops Archbishops but some temporall enlargement is graunted to the same As for example that they may not only suspend and excommunicate and punish by their spirituall censures such licentious persons of life but may corporally punish them also by imprisonment and other wayes as heere is set downe And least any in such cases might make recourse vnto the temporall magistrate saying that they were imprisoned wrongfully and contrary to the common secular laws of the Realme this refuge is cut of by this Statute and absolute power giuen to Bishops Archbishops to punish in such cases as well corporally as spiritually wherby also appeareth that such delicts of Clergy-men were in those dayes to be inquired of and punished only in the Bishops Courts and not in the temporall which was a dignity and no small preheminence of the Prelates of England aboue many other Countreys who neither then nor now haue the like absolute preheminence in all things as before hath byn shewed For that diuers cases and causes doe appertaine only to spirituall Courts in England which are handled also by secular magistrates in sundry other countreys as namely that of Testaments and the like And this is to be ascribed to the speciall piety deuotion of our Catholicke Kings and Countrey 18. As for the third point wherin M. Attorney saith Rex est persona mixta adding this reason because he hath Ecclesiasticall and temporall iurisdiction Whosoeuer maketh this instance either M. Attorney or some other author of his he little seemeth to vnderstand what is needfull to induce Ecclesiasticall iurisdiction wherof he may need more at large in the second Chapter of this booke And as for the person of a King it may be named mixt in some other respects as namely for that a King is annointed and therby hath somewhat of a Clergy-man also though absolutely he be a lay-man as you haue heard before the great Christian Emperour Valentinian professe of him self Quod erat vnus de populo that he was a lay-man and not a Clergie-man He is likewise head of the whole Common-wealth wherin are members both Clergy and lay-men as before hath byn said and in that respect is he head of both partes and consequently mixt or common to them both But all this induceth not necessity of spirituall iurisdiction except it be committed vnto him from the Church and Prelates therof in whome originally it is as in the forenamed place we haue abundantly declared 19. And the like wee answere finally to the fourth and last obiection wherin it is said that the King maie dispense with a bastard to bee made Priest and with a Priest to haue two benefices and this by his Ecclesiasticall power and iurisdiction The matter must bee distinguished that the King maie dispense or giue his consent in these cases for so much as toucheth the Common wealth or maie bee hurtfull vnto it and no otherwise which is to say so far forth as it maie importe or preiudice the Commō-wealth that bastards not inheritable should be Priests or one Priest hold manie benefices But then this dispensation is not by anie iurisdiction spirituall as M. Attorney would inferre but temporall onlie of the Prince as hee is head of the Common wealth For as concerning spirituall dispensation appertaining to conscience for so much as the prohibition that Bastards shall not bee ordained Priests was not made first by temporall Princes but by the auncient Canons of the Church none can dispence properly therin but he that is spirituall head of the whole Church or some other by his commission 20. And by the same reason for that spirituall iurisdiction ouer soules which is the iurisdiction of him that hath a benefice cannot bee truely giuen or deliuered to anie man but by him that hath it in himself to wit some Prelate of the Church that hath it from the fountaine of succession from the Apostles as before hath been declared it followeth that none which hath not this iurisdiction by this means in himself can giue anie benefice to anie man and much lesse two or manie benefices that is to saie spirituall iurisdiction ouer manie flocks to one man except hee onlie that hath superior and mediate spirituall iurisdiction ouer the said flocks and their soules And heerby wee see that standing in the principles and grownds before set downe and manifestly proued M. Attorneys instance is to no purpose at all to the effect and sense wherin hee would haue it vnderstood 21. And this shall suffice for this place and for the raignes and liues of all Christian Princes of our Realme that liued in vnion and conformitie of one religion and acknowledgment of one supreme authoritie spiritual of the Sea Apostolicke of Rome from the first to the last that is to saie from King Ethelbert that receiued the first grace of our conuersion to the Christian Catholicke Roman religion vnto King Henry the 7. inclusiuè who being the last and neerest English auncestour to his Maiesty that now is and succeeding after aboue a hundred and twenty English Kings of the same religion ended happely also his life raigne therein without any change or alteration And if this sonne had followed the same course and held it out to the end as he did for two partes of three of his raigne he had byn thrice happy but Gods prouidence for his and our sinnes permitted otherwise We shall therfore see breifly the manner means occasions motiues and euents therof in the ensuing Chapter OF THE RAIGNE OF K. HENRY THE EIGHT And of his three children King Edward Queene Mary and Queene Elizabeth And how the first innovation about Ecclesiasticall iurisdiction was made and continued in their dayes CHAP. XV. NOVV are we come vnto the time wherin great change indeed and alteration was made in our Countrey by particular Statutes and Nationall laws so far forth as a perpetuall and vniuersall receiued truth by nationall and temporall decrees could be altered in the foresaid point of spirituall and Ecclesiasticall iurisdiction For that K. Henry
the eight after two partes of three of his raigne wherin he had not only acknowledged and practised according to the vse of all his predecessours but singularly also defended and propugned by publicke writing the Catholicke consent of all Christendome concerning the Soueraignty of the Sea of Rome therin did at length vpon certaine occasions of particular distast anger and exasperation falling out betweene Pope Clement the 7. and him about the diuorce of his wife Queen Catherine daughter of Spaine and the marriage of Lady Anne Bullen in in her place to neither of which the said Pope would consent make strange innouations by little little as first threatning and the said Pope then substracting some of his authority and giuing it to others and finally taking all vnto himself Which deuise being once begun was continued after his death by the gouernours of his young sonne King Edward though with lesse probability and apparance of truth as before hath byn noted then reiected againe by his daughter Queene Mary who restored the same whence it was taken but reassumed though in a different deuise of words by his second daughter Q. Elizabeth that least of all was capable of it as in precedent chapters hath byn declared So as heere though M. Attorney doth euery where talke of auncient laws and common consent there is neither anquity vnity conformity consent or continuance of anie moment to bee found which will better appeare by that wee haue briefly to touch of ech one of these Princes raignes in particular Of King Henry the eyght who was the twentith King after the Conquest §. I. 2. This Prince succeeding his father King Henry the 7. in the flower of his youth when he was but 18. yeares of age but adorned with many rare graces both of mind and body tooke the scepter in hand with as great expectation of his people neighbours round about him as euer did Prince of our land before or after him and for the space of more then 20. yeares performed the same in all points of an excellent Prince both in peace and warre vntill he fell into that vnfortunate fatall breach with his wife and Queene and disordinate appetite of the other that succeeded her whervpon ensued all those strange and vnexpected mutations which afterward were seene one thing giuing occasion and making way to the other as the euents declared 3. But among all other points of Catholicke doctrine no one was more obserued by this King while he remained in his auncient peace of mind then that of his due acknowledgment subordination and respectiue correspondence with the Sea Apostolicke which being in his dayes begun to be impugned togeather with many other points of Christian religion by Martyn Luther an Apostata Friar of Germany and his followers King Henry out of his great zeale and feruour towards the said religion and Sea Apostolicke tooke vpoÌ„ him to write a special learned booke in defence therof against the said Luther which booke he sent to Rome presenting it to Pope Leo the tenth subscribed by his owne â—and which I haue seen by a speciall Embassadour for that purpose Doctor Clerke Bishop of Bath and VVells that made an earnest speach and eloquent oration at the deliuery therof in protestation and commendation of his Kings high and resolute zeale in this behalfe all which being extant in print I remit the Reader thervnto for his better satisfaction 4. Only I cannot pretermit to recite in this place some of his words which he vseth in that booke in defence of the Popes Ecclesiasticall Supremacy which himself afterward vpon new passions rising so greatly impugned Thus then he wrote against Luther in those dayes Non tam iniurius ero Pontifici vt anxiè sollicitè de eius Iure disceptem tanquam res haberetur pro dubia c. I will not offer so much iniury vnto the Pope as earnestly and carefully to dispute heere of his right as though the matter might be held in doubt it is sufficient for that which now we haue in hand that his enemy Luther sheweth himself so much to be carried away with passion and fury as he taketh all faith and credit from his owne sayings cleerly declaring his malice to be such as it suffereth him neither to agree with himself nor to consider what he saith So be 5. And then after a large confutation of Luthers fond opinion and furious assertion that the pope neither by diuine or humane law but onlie by vsurpation and Tyrannie had gotten the headshipp of the Church K. Henry vseth two stong reasons and arguments against him among other to represse his maddnes therein The first of generall consent from antiquitie saying Negare non potest c. Luther cannot deny but that all the faithfull Christian Churches at this daie doe acknowledge and reuerence the holie Sea of Rome as their mother and Primate c. And if this acknowledgment is grounded neither in diuine nor humane right how hath it taken so great and generall roote How was it admitted so vniuersally by all Christendome When began it how grew it to bee so great And wheras humane consent is sufficient to giue humane right at least how can Luther saie that heer is neither diuine nor humane right where there is and hath been for time out of minde so vniuersall humane consent c. Certe si quis rerum gestarum monumenta reuoluat inueniet iam olim protinùs post pacatum orbâ—m plerasque omnes Christiani Orbis Ecclesias obtemperasse Romana c. Truly if a man will looke ouer the monuments of things and times past he shall find that prefently after the world was pacified from persecution the most parte of Christian Churches did obay the Roman yea and the Greeke Church also though the Empire were passed to that parte wee shall find that shee acknowledged the Primacy of the same Romane Church but only wheÌ„ shee was in Schisme And as for S. Hierome though he were no Roman yet did hee in his daies ascribe so much authoritie and preheminence to the Roman Church as he affirmed that in matters of great doubt it was sufficient for his faith to bee allowed and approued by the Pope of Rome c. This is the first argument vrged by King Henry of antiquitie and consent 6. Another hee alleadgeth of impossibilitie for the Pope to haue attained by force and Tyrannie to so great authoritie as he had according to Luthers calumniation the effect is this Cum Lutherus tam impudenter pronunciet c. Whereas Luther so impudeÌ„tly doth affirme that the Pope hath his Primacie by no right neither diuine nor humane but onlie by force and Tyrannie I doe wonder how the mad fellow could hope to find his Readers so simple or blockish as to beleiue that the Bishop of Rome being a Priest vnarmed alone without temporall force or right either diuine or humane as he supposed
should bee able to get authoritie ouer so manie other Bishops his equals throughout so manie and different nations so far off from him and so little fearing his temporall power or that so manie People Citties Kingdomes Common-wealths Prouinces and Nations would bee so prodigall of their owne libertie as to subiect themselues to a forraine Priest as now so manie ages they haue done or to giue him such authoritie ouer theÌ„selues if he had no right therevnto at all 7. But what shall I stand to dispute with Luther in this matter Or what importeth it what he saieth or beleeueth therin for so much as through anger and enuie he knoweth not himself what he thinketh or saith but declareth well the saying of the Apostle to be true in himself Cor ipsius insipiens obscuratum itaditumque in reprobum sensum That his foolish heart is darkned and deliuered ouer vnto a reprobate sense So King Henry pronouncing as you see a heauy iudgment against Luther now and himself afterwarde when he fell into the same darknes and not only obscuritie of vnderstanding but inconstancie also of proceeding which heer so eagerly hee obiecteth to Luther for this he writeth of him Quis non eius miretur inconstantiam c. who will not wonder at Luthers inconstancie for a little before he wrote in his bookes that the Papaltie though it were not by diuine right yet was it by humane to witt by humane consent for the publik good of the Church and therevpon condemned and detested the sect of the Hussites in Bohemia for that they had cut themselues off from the obedience of the Roman Sea affirming that they sinned damnably whosoeuer obaied not the Pope This he wrote verie lately since his fall from Catholicke religion but now he is run into that which then he so much detested And like inconstancy he hath shewed in another point also which is that hauing preached of late in a certaine Sermon to the people that the Popes excommunication was to bee obaied and patiently be borne as a medecine in a disease WheÌ„ himself afterwards was most worthily excommunicated he tooke that sentence of the Pope so impotently as seeming to be mad or fallen into rage he brake forth into such contumelious speaches and blasphemies as no Christian eares can abide to heare the same so as by his furie he hath made it euident Eos qui pelluntur gremio matris Ecclesia statim furijs corripi atque agitari daemonibus That those which are cast out from the lap of their mother the Church are taken presently with suries and vexed with diuells Thus far K. Henry and much more to this effect which for breuityes sake I pretermit 8. And now let vs with greife of mind some terror of conscience looke ouer and reflect vpon that which happened afterward vnto this King himself and into what extremes of passion and choller he fell in his writings and Statutes against this very Supremacy of the Pope when he was excommunicated by him which heere he defendeth against Luther though in other points of doctrine he remained still opposite to Luther euen vnto his dying day 9. It is worthy the noting also what mutability and inconstancy he vsed not only in the whole thing to wit in dâ—â—â—ing the Popes Supremacy but in the very manner also of falling into that extremity For first for many yeares after the writing of this his booke which was in the yeare of Christ 1521. he continued so deuout and obedient to the said Sea of Rome as no King in Christendome more as may appeare by the mutuall good offices of loue friendship that passed between them And when six yeares after this againe Rome was spoiled by the army of the Duke of Burbon Pope Clement the seauenth held as besieged in the Castle of S. Angelo no King or Prince of Christendome was more forward in the ayd of the said Pope then K. Henry of England as may appeare by his great and famous Embassadge sent that very yeare into France by Cardinall VVolsey about that matter in the yeare 1527. to draw the King of France into the association of that aid and help 10. And when againe the next yeare after King Henry began to moue his doubt or question about the lawfullnes of his marriage with Queene Catherine he referred the whole matter to Rome and procured Iudges to be sent from thence as namely Cardinall Campegius that was directed from Rome the selfsame yeare into England for Legat with like commission for Cardinall VVolsey to be ioyned with him as deputyes from Pope Clement to heare and iudge the matter before whome sitting in iudgment both K. Henry and Queen Catherine being cited personally to appeare they made their appearance in the Church of the Black-Friars in London in the moneth of Aprill anno Domini 1529. which was the one and twentith of King Henryes raigne And albeit King Henry being offended that by this means of these two Legats the Pope accepting of the Appeal of Queen Catherine recalling the matter to himself he could not haue his wil did put from his fauour soone after Cardinall VVolsey when the other was departed and brought him to the miserable end which is well knowne yea condemned for his sake the whole Clergy of England in a Premunire that is to say the losse of all their goods which afterward they redeemed with a submission and payment of a hundred thousand pounds for that they had acknowledged the said Cardinals Legantine authority which himself had procured from Rome yet did not he for this surcease to send other Embassadours to continue the solicitation of the same suite of diuorce in the said Court of Rome and namely among others Doctor Stephen Gardâ—â—â— the Kings chiefe Secretary soone after made Bishop of VVinchester who was sent thither as Stow and others doe testifie presently after the departure of Cardinall Campegius in the same yeare 1529. Neither did King Henry leaue of to hold his Embassadours Lawyers and Procurators there about this matter for two or three yeares after this againe vntill he saw there was no hope to get his diuorce by that means and on the otherside was resolued to marry the Lady Anne Bullen whatsoeuer came of it and so did in the yeare 1533. and 24. of his raigne 11. Thus then you see the beginning and progresse of the cause of King Henryes breach with the Sea Apostolicke which probably would neuer haue byn if he could haue obtained his will that way but falling into despaire therof tooke resolution to cut the knot which otherwise he could not vndoe But the manner of his proceeding may be best seen by two Acts of Parlament set downe heer by M. Attorney the one of the 24. the other of the 25. yeare of King Henryes raigne for that in the former which was in the yeare of his marriage with Lady Anne Bullen as hath byn said he prohibited
now that this authority was no new thing or to vse his words not a Statute introductorie of a new but declaratorie of an old and that the same was conforme to the auncient laws of England acknowledged and practised by all her auncestors Kings of the same and that the difference of her sex as they had qualified the matter and couched their words did hinder nothing at all the acceptance of this authority shee was content to lett it passe admitt therof for the time though I haue beene most credibly informed by such as I cannot but beleiue therein considering also her forsaid sharpenes and pregnancie of witt that vpon diuers occasions especially for some yeares after the beginning of her raigne she would in a certaine manner of pleasantnes iest thereat herself saying Looke what a head of the Church they haue made mee 37. And to the end that no man may imagine that these things some other which heer I am to touch of the good dispositioÌ„ this deceased Princesse had of her self towards Catholicke religion at the beginning of her raigne and for diuers yeares after if she might haue been permitted to her owne inclination are fayned I doe affirme vpon my conscience in the sight of him that is author of all truth and seuere reuenger of all false-hood that nothing hereof is inuented or framed by mee but sincerely related vpon the vndoubted testimonies of such as reported the same out of their owne knowledge As for example that not longe before the death of Q. Marie a coÌ„mission being giuen to certaine of the priuie Counsell to goe and examine the said Ladie Elizabeth at her howse of Hat-field not far from London when other matters had been debated shee taking occasion to talke with one of them a part in a window said vnto him with great vehemencie of spirit and affliction of mynd as it seemed laying her hand vpon his Oh Syr and is it not possible that the Queen my sister will once bee persuaded that I am a good Catholicke Yes Madame quoth the Counsellor if your Grace bee so indeed God will moue her Maiestie to beleiue it Wherevpon the said Ladie both sware and protested vnto him that she did as sincerely beleiue the Roman Catholicke religion as anie Princesse could doe in the world in proofe thereof alleadged the order of her familie which was to heare masse euery daie and the most of them two one for the dead and the other for the liuing And this hath the said Counsellour oftentimes related vnto mee and others hee being a man of great grauity truth and sinceritie in his speeches 38. And coÌ„forme to this I haue seen a letter written in Spanish from the said howse of Hat-field vnto K. Philip then in Flaunders by the Count of Ferâ—â— afterward Duke and then Embassadour for the said King in England which letter was written vpon the 16. daie of Nouember in the yeare 1558. when Queen Marie being now extreme sicke and annealed out of all hope of life he went to visit the said Princesse Elizabeth from his Maister and relateth all the conference and speach he had with her and her answers to diuers points concerning her future gouernment with his opinion of the same both in matters of 〈◊〉 and religion concerning the latter wherof though hee discouered in her a great feeling and discontentment of certaine proceedings against her in her sisters time and therevpon did foreâ—â—some troubles like to ensue to some of them that had been in â—â—fe gouernment and namely to Cardinall Poole if he had liued 〈◊〉 wrtieth he that for the Principall points of Catholicke faith â—â—en in controuersie he was persuaded she would make no great â—â—teration and in particular he affirmeth that she protested vnto vnto him very sincerely that she beleiued the reall presence in the Sacrament after the words of consecration pronounced by the Priest 39. Which relation of this noble man is much consirmed by that which was written to the said Queene herself some six or seauen yeares after by Doctor Harding in his dedicatory epistle before the confutation of the English Apologie of the Church of England vpon the yeare 1565. wherin he commendeth her liking of her more sober preachers both allwayes heertofore saith he and specially on Good-friday last openly by words of thanks declared when one of a more temperate nature then the rest in his sermon before your maiesty confessed the Reall Presence So he And that this opinion and affection staied and perseuered with her euen vnto her old age by her owne confession I haue for witnes another Worshipfull knight yet aliue who vpon the truth of his conscience hath often protested vnto me that hauing occasion to walke talke with her and to discourse somewhat largely of forraine matters for that he was newly come froÌ„ beyond the seas in her garden at VVhitehall not aboue fiue or six yeres before her death relating vnto her among other things the iudgment and speaches of other Princes concerning her excellent partes of learning wisedome bewty affability variety of languages and the like but especially the speaches of certaine great Ladies to this effect vpon viewing of her picture the said knight seeing her to take much contentment therein and to demaund still greedily what more was said of her he thought good asking first pardon to ad the exception that was made by the said Ladies to wit how great pitty it was that so rare a Princesse should be stained with heresie wherat her Grace being much moued as it seemeth answered And doe they hold me for an heretick God knoweth what I am if they would let me alone and so auouched vnto him in particular that she beleiued the Reall presence in the Sacrament with other like protestations to that effect 40. And sundry yeares before this againe there being sent into England from France one Monsieur Lansacke of the French King Counsell that was Steward in like manner of the Queen-mothers houshould as before hath byn meÌ„tioned he was wont to recount testifie after his returne with great asseueration that hauing had confident speach with the Queen of England about matters of religion she told him plainely that which before we touched about her spirituall Supremacy to wit that she knew well inough that it belonged not to her but to S. Peter and his Successours but that the people and Parlament had layed it vpon her and would needs haue her to take and beare it Adding moreouer her Catholicke opinion about other points in controuersie also and namely about Praying to Saints affirming that euery day she prayed herself to our Blessed Lady And so far forth had she persuaded this to be true to this French Counsellour as he did not only beleiue it and reporte it againe with great confidence but was wont to be angry also with such as should seeme to make doubt of the truth therof among whome for
one was a worshipfull gentleman of our owne Countrey yet liuing that resided then in that Court and had often conference with the said Monsieur Lansacke about the matter 41. And by all this we may see that the said Queen was drawne to many things against her owne inclination much resistance she made at the beginning for diuers dayes to admit any change of religion and therevpon presently euen before her Coronation she caused proclamation to be made that none should preach saith Stow but such as should be appointed that no rites or ceremonies vsed in the Church should be altered but as it was in her owne Chappell and this to preuent such innouators as she knew would presently be doing if they were not preuented against whom she would often speake bitterly and contemptuously in secret with certaine noble men whom she knew to be Catholicke complayning of their importunity and signifying her owne good affection toward Catholicke people and that she was vrged on by those other far beyond her owne inclination which she declared in like manner by keeping the Crosse and crucifix of Christ in her Chappell for diuers yeares against the bitter exclamations of the said turbulent people wherof the forenamed Doctor Harding giueth testimony also in his said epistle dedicated to herself saying Your constant bearing and vpholding of the banner and ensigne of our redemption the image I meane of Christ crucified against the enemyes of his Crosse your Princely word commaunding a Treacher that opened his lewd mouth againsâ— the Renerend vse of the said Crosse in your priuate Chappell to retire from that vngodly digresâ—â—â— vnto his text of holy scripture c. doth well shew your good inclination So he 42. And all this I haue thought good omitting many other things to this effect to mention in this place for some parte of excuse if it may be of the many and greiuous afflictions laid vpon her Catholicke subiects afterward by her authority for profession of the said faith and religion which herself at the beginning seemed not to mislike And surely her example may be a dreadfull president how far and daungerously Princes may be led by arte and importunity of others if they be not wachfull to resiste them at the beginning For that this Princesse notwithstanding her milde gentle disposition which you haue heard was drawne on by little and little to make more greiuous Statutes Decrees and Ordinances against that parte of her subiects which might haue byn held vnited vnto her then euer perhaps did Prince before her either Pagan or Christian against any sorte of malefactors whatsoeuer 43. And of this let the multiplicity of statutes extant against them be witnes the death of so many Priests and others of that religion yea of her deerest and neerest in bloud that then was liuing togeather with the imprisonments vexations and tribulations of innumerable good subiects for that cause which brought her finally after many troubles and terrours distrusts and iealousies to that melancholike afflicted state of mind wherin she died All which had byn auoided if to vse her owne phrase they would haue let her alone and left her to her owne disposition and mylde inclination but now the accoumpt must remaine vnto herself 44. And so to conclude for so much as these Statutes which M. Attorney doth mention heer to haue byn made by her against Catholickes and principally against the spirituall iurisdiction of the Sea of Rome and braunches therof did not so much proceed of her owne proper inclination and disposition if we beleife the former testimonies as of other mens instigation or if they did they were made in defence of her owne Ecclesiasticall Supremacy newly taken or laid vpon her it shall to be needfull for me to answere them so particularly as I haue done the rest before cited sauing only to certaine erroneous assertions and iniurions asseuerations added by M. Attorney himself in his enumeration and declaration therof which we shall performe in the next ensuing Chapter and conclusion of this whole worke CERTAINE EXPOSTVLATIONS VVITH M. ATTORNEY ABOVT EVIL PROCEEDING And iniuryes offered to sundry sortes of men in this his Booke of Reportes especially tovvards the end therof Togeather with the Conclusion of the whole worke CHAP. XVI ALbeit in the beginning and first entrance of this my answere I promised and so I presume hath been perfourmed to hold a milde and respectiue course of temperate writing throughout the same yet drawing now towards an end and finding M. Attorney to imitate the motion of naturall bodies who the neerer they come to their Center the more vehemently they mooue that is to saie to bee so much the more bitter eager and iniurious to Catholicks as he draweth neerer to the vpshot of his Worke and designed Center of their dammage hurte and preiudice I am forced in this place somewhat also to sharpen my pen for repelling so manie manifest vndeserued iniuries which craftely he goeth about in his last coÌ„clusion to couch vpon them but yet retaining still our former measure of moderation friendly dealing so far as the nature circumstance of the busines may beare permit intituling this Chapter rather of Expostulations then accusations on our behalfe which for that they concerne diuers sortes of men wee shall handle distinctly vnder the seuerall ensuing Paragraphes THE FIRST EXPOSTVLATION In the behalfe of Recusant Catholicks of England greiuously iniured by the Attorney §. I. 2. To the end you may better iudge of the equity of this our first expostulation I thinke it best to set downe the iniquitie of the Attorneys false charge in his owne words which are these in the 34. and 35. leaues of this his 5. parte of Reportes wholy directed to their hurte and preiudice From the first vntill the eleuenth yeare saith he of the late Queen Elizabeths raigne no person of what persuasion of Christian religion soeuer at anie time refused to come to the publike diuine seruice celebrated in the Church of England being euidently grounded vpon the sacred and infallible VVord of almightie God and established by publicke authoritie within this Realme But after the Bul of Pius Quintus was published against her Maiesty in the said 11. yeare of her raigne c. all they that depended on the Pope obaied the Bull disobaied their gratious and natural Soueraigne and vpon this occasion refused to come to the Church c. 3. Heer you see two things boldly affirmed First that in 11. yeares after Queen Elizabeths comming to her Crowne no person of what persuasion soeuer in Christian religion did at anie time refuse to goe to Church vntill the Bul of Pius Quintus came forth against her The secoÌ„d that vpon this occasion Catholicks not holding the Queen for their lawfull Princesse for so afterward he often expoundeth himself refused to come to Church Both which points if wee can shew to bee most manifestly false and the second
also calumnious what shall wee saie of M. Attorney in this behalfe that presumeth so confidentlie to put such open vntruths in print 4. First then for the former point not onlie many Catholicks in the first eleuen yeares by him prescribed did refuse publikely to come to the Protestants Church but many Puritans also from the verie first entrance of Queen Elizabeth to her Crowne and so is it testified by publike authoritie of diuers books set forth by order and approbation of the Bishops of England themselues these years past against the said Puritans recounting the beginning ofspring and progresse of that Sect and faction one of them wriâ—â—ng thus Vpon the returne of Goodman VVhittingham Gylby with â—he rest of their associates from Geneua to England although it greiued them at the heart that they might not beare as great a â—way heer in their seuerall Consistories as Caluyn did it Geneua c. yet medled not they much in shew with matters of this discipline but rather busied themselues about the apparrell of ministers ceremonies prescribed and in picking of quarrells against the Communion booke c. Thus writeth hee of the first Geneâ—ian English preachers that returned from thence to England after the Queens raigne and that for these quarrels against the Common and Communion-booke they refused to come to the Protestants Church in those daies as much as Catholikes it is euident But yet you shall heare it affirmed plainly and distinctly out of the same Author quite opposite to M. Attorneys asseveration though hee bee of his religion if yet he haue made his choise 5. For the first ten or eleuen yeares of her Maiestyes raigne saith hee through the peeuish frowardnes the outcries exclamations of those that came home from Geneua against the garments prescribed to ministers and other such like matters no man of anie experience is ignorant what great contentioâ— and strife was raised in so much as their Sectaries deuided themselues from their ordinarie coÌ„gregations meeting togeather in priuate howses in woods and fields had and kept there their disorderly and vnlawfull Conuenticles which assemblees notwithstanding the absurdnes of them in a Church reformed M. Cart-wright within a while after tooke vpon him in a sorte to defend c. So hee And thus much for Puritanes whome if M. Attorney will graunt to bee of anie perswasion what soeuer in Christian religion he then must needs graunt also that hee was much oâ—ershott in this his first so generall a Proposition affirming that none of what persuasion soeuer did at anie time refuse within that compasse to goe to Church But lett vs see how wee can ouerthrow the same in like manner concerning Catholickes of whom principally hee meant it 6. Hee that shall but cast backe the eye of his memorie vpon the beginning of Queen Elizabeths raigne and shall consider how many Archbishops Bishops Deans Archdeacons Heads of Colledges Chanons Priests Schollers Religious persons of diuers sortes and sexes Gentle-men Gentle-weomen and others did refufe openly to conforme themselues to that new change of Religion then made and published by authority of the said Queen at the beginning of her raigne will maruaile how and in what sense and whether in iest or earnest sleeping or waking M. Attorney set downe in writing so generall a negatiue assertion For that he shall see so many conuictions therof as there be particular witnesses of credit against him in that behalfe And truly it seemeth that either he was an infant or vnborne at that time and hath vnderstood little of those affaires since or els forgot himself much now in affirming so resolutely a proposition refutable by so infinite testimonyes 7. For if he looke but vpon Doctor Sanders Monarchy in latin in his 7. booke where he handleth the matters that fell out vpon the first change of religion in Queen Elizabeths dayes he shall find 14. Bishops at least of England only besides ten more of Ireland and Scotland togeather with Doctor Fecknam Abbot of VVestminster Father Maurice Chasey and VVilson Priors of the Carthusians 13. Deans of Cathedrall churches 14. Archdeacons 15. heads of Colledges almost 50. Chanons of Cathedrall churches aboue eightscore other Priests wherof diuers were Doctors or Bachlers of diuinity Ciuill and Canon-law depriued from their liuings and offering themselues either to voluntary banishment abroad or to imprisonment and disgrace at home for maintenance of Catholicke religion to omit all the rest of the lay sort both of the Nobility Gentry and others that stood openly to the defence of the same Religion All which did refuse to goe to the Protestant-seruice euen in those first dayes which is testimony inough to conuince the open and notorious falsity of M. Attorneys assertion that no person of what persuasion soeuer in Christian religion did at any time refuse to goe to Church though I deny not but that many other besides these throughout the Realme though otherwise Catholickes in heart as most then were did at that tyme and after as also now either vpon feare or lacke of better instruction or both repaire to Protestant-Churches the case being then not so fully discussed by learned men as after it was whether a man with good conscience may goe to the Church and seruice of a different Religion from his owne which releiueth little M. Attorneys affirmation And so this shall suffice for the first point 8. In the second point being no lesse notoriously vntrue then the first he offereth the said Catholickes much more iniury in affirming that vpon this occasion of the Bul of Pius quintus against Q. Elizabeth they first refused to goe to the Church as not holding her for true and lawfull Queene insinuating therby another consequence also much more false and malicious then this to wit that the same may be said and vnderstood of Recusant Catholickes at this day in respect of his Maiesty that now is But the vntruth of this assertion is most manifest both by that we haue shewed before that great multitudes of Catholickes refused euen from the beginning to goe to Protestant-Churches though then the matter was not much vrged against them as also by this other reason for that their holding the Queene for true or vnlawfull was and is impertinent to the matter of going to Church Nay their holding her for not Queen if any so did did rather disoblige then oblige them to this recusancy 9. The reason heerof is for that one principall cause binding them in conscience not to goe to the seruice of a different or opposite religion to their owne was the precept and commaundement giuen by the said Queene that all should repaire to the said seruice to shew their conformity c. For that the obeying of this precept in matters of religioÌ„ they offering themselues otherwise to goe to any Church for temporall matters was a kind of publike denying their owne faith As for example if in Persia at this day or other
reward in the life to come for it And so much of this 14. But now to passe to another consideration about the same King it seemeth to me that nothing sheweth more this Kingâ— true affection deuotion and confidence towards the Pope and Sea of Rome then his owne recourse thervnto in his greatest affliction before mentioned of the conspiracy of his wife and children against him For then he wrote a very lamentable letter vnto Pope Alexander beginning thus Sanctissimo Domino suo Alexandre Dei gratia Catholicae Ecclesia Summo Pontifici Henricus Rex Angliae c. Salutem deuotae subiectionis obsequium In which letter among other things he saith thus Vbipleniorem voluptatem contulerat mihi Dommâ—â— ibi grauius me flagellat quod sine lachrymis non dico contra sanguineâ—â—â—eum viscera mea cogor odium mortale concipere c. Where God hath giuen me greatest pleasure and contentment there doth he most whip me now and that which without teares I doe not speake vnto you I am constrained to conceiue mortall hatred against my owne bloud and my owne bowels My freinds haue left me and those of myne owne house doe seeke my life this secret coniuration of my wife and children hath so intoxicated the minds of all my most familiar freinds as they prefer their traiterous obedience to my sonne and would rather beg with him then raigne with me and enjoy most ample dignities c. Abseâ—â— corpore presens tamen animo me vestris aduolno genibus I being absent in body but present in mynd with you doe cast my self at your knees Vestrae iurisdictionis est Regnum Angliae c. Experiatur Anglia quid possit Romanus Pontifex The Kingdome of England is vnder your iurisdiction Let England learne by experience what the Bishop of Rome can doe Promitto me dispositioni vestra in omnibus pariturum I doe promise to obay your disposition in all hings 15. Thus he wrote at that tyme with teares as you haue heard wherewith Pope Alexander being greatly moued sent commaundement to Richard Archbishop of Canterbury to write earnestly vnto K. Henry the sonne to recall him from his rebellion vnder paine of excommunication as before we haue shewed And this confident recourse of K. Henry to the Pope in so great an affaire declareth well the opinion he had of his authority And conforme vnto this were all the rest of his actions and doings concerning Ecclesiasticall iurisdiction when he was out of passion and perturbation acknowledging none at all in himself but only from the Sea Apostolike And heervpon he fouuded the security of all his hopes by his first marriage with the Queen Eleanor as hath byn said whose diuorce from King Lewes was vpon the Popes sentence declaringe the same to be inualide and no marriage at all by reason that they were married within degrees of consanguinity prohibited by the Church 16. And soone after this againe about the 6. yeare of his raigne the same King as Stow relateth procured dispensation of the said Pope by his Legat-Cardinalls Henricus Pisanus and Gulielmus Papionensis to make a marriage between Henry his eldest sonne of seauen years old and Margaret the French Kings daughter that was yet but of three years old which he would not haue done by all likelihood with so manifest perill of his whole succession therby if he had either doubted of the Popes authority therin or presumed of his owne 17. And not many years after this againe the said King being very desirous to remoue from the Church of VValtam in Essex certaine secular Chanons that liued not with edification and to place in their roome regular Chanons presumed not to doe it of himself or his owne authority which yet might seeme a small matter but by the authority of the Pope Rex saith Houeden ex authoritate Domini Papae instituit in Ecclesia de VValtham Canonicos regulares The King did appoint regular Chanons in the Church of VValtham by the authority of the Pope And the same doth testifie VValsingham vpon the yeare 1177. that it was done in the vigil of Penticost Authoritate Summi Pontificis sub praesentia Regis By the authority of the Bishop of Rome the King being present at the doing 18. And the same VValsingham two years after that againe doth record another iudiciall Act of the said Pope Alexander in England which is that he exempted from the obedience of the Archbishop of Canterbury Roger that was Prior of the monastery of S. Augustine in the same Citty which had byn subiect to him saith he for fiue hundred years before And it is probable that neither the King nor Archbishop did like thereof but could not let the same 19. And finally to goe no further in this matter of this Kings obedience and deuotion towards the Church when he was out of choller and passion and free from such other perturbations as did draw him stroÌ„gly oftentimes to the doing of certaine things which after he repented I shall end with one shorte narration only of the foresaid VValsingham or a strange extremity and aduersity of fortune from which God deliuered him at one tyme by means of his deuout mynd towards the blessed Martyr S. Thomas of Canterbury vpon the year 1174. which was three yeares after his said martyrdome at what time the Kings state was this as partly before you haue heard Lewys King of France coÌ„ioyning himself with Henry the third King of England and the rest of his brethren against their Father pressed him sore with great armies in Normandy and other partes of his Dominions in France And at the very same time his wife Queen Eleanor in England conspiring with her said sonnes incited by her example many other Princes and noblemen to doe the like who raised diuers rebellions And besides all the rest VVilliam King of Scotland came in with a great Army on the North-side and Philip Earle of Flaunders was entered with another on the South-side At which time K. Henry seeing himself in these straites and not well knowing what to doe yet resolued at the length to passe from Normandy into England and first to succour the principall parte But being on the Sea there arose such a tempest as seing himself in great daunger Erectis in caelum luminibus saith VValsingham lifting vp his eyes to heauen he desired God that saw his intention to be mercifull vnto him as his meaning and purpose was to seeke the peace both of the Clergy people of England c. And God saith our Author admitted presently the prayer of this our humbled King and brought him safe to Hampton-port with all his people who from that day forward giuing himself to pennaunce vsed saith he a very thinne diet to wit bread and water only and casting of all temporall cares nor entring into any one Citty as he went by the way neuer ceased vntill he came to
places of differēt Religion Christians liuing there should of their owne curiosity goe sometimes to the Churches or Moscies of that Coūtrey to heare see only what is there done though not to pray or worship or which is lesse should carry or weare their Turbant or Mahometan habit it were not so great a matter of offence but if the King or Emperour should commaund the same to be done in attestation of their conformity of religion now this precept doth make it much more vnlawful though yet if he were not true King indeed nor true magistrate that should make such a precept but some priuate man of his owne authority euery man seeth that it would rather diminish then encrease the obligation of recusancy And so M. Attorney when he affirmeth that Catholickes first began their recusancy of going to Church vpon this persuasion that Queen Elizabeth was not lawfull Queene he alleadgeth circstumāce that might rather in some sort facilitate their going then encrease their obligation to the same recusancy For that her precept and commaundement binding them not at all as not Queene they were freed thereby of that obligation as before hath byn said springing of this head of Royall commaundement 10. This then is the first great iniury which M. Attorney offereth vnto Recusant Catholickes interpreting their recusancy to be of malice and treasonable hearts rather then of band of conscience which iniury he often iterateth in the current of his discourse saying after many other accusations heaped togeather in this sorte In all this tyme no law was either made or attempted against them for their recusancy though it were grounded vpon so disloyall a cause as hath byn said And againe a little after talking of the penall laws made against them for the same recusancy he saith That it was a milde aud mercifull law considering their former conformity and the cause of their reuolt But I hauing shewed now that there was no such generall conformity before and consequently no reuolt and much lesse any such cause of reuolt as he faineth to himself the vntruth of these charges and the wrong done therby to innocent men is made euident and manifest 11. Neither doth M. Attorneys exorbitant humour containe it self heer but being once entred into the field of insolent inuectiues and exaggerations against the said recusant Catholickes hee vaunteth and triumpheth as though he had them vnder him at the barre readie to bee condemned where no man must speake in their behalfe but himself onlie against them without replie or contradiction And therfore after a longe enumeration of matters both impertinent and little important to the cause in hand he writeth thus And there vpon Campian Sherwyn and manie other Romish Priests being apprehended and confessing that they came into England to make a partie for the Catholicke cause when need should require were in the 21. yeare of the said late Queens raigne by the auncient Common-laws of England indicted arraygned tried adiudged and executed for high treason c. And againe not longe after he maketh this conclusion By this and by all the Records of indictments it appeareth that these Iesuites and Priests are not condemned and executed for their Priest-hood and profession but for their treasonable and damnable persuasions and practices against the Crownes and dignities of Monarches and absolute Princes c. Thus hee 12. But heer I would aske may not a man of his calling bee ashamed to put in print so manifest vntruths euen then when there are so manie hundreds yet aliue that were at the said arraignments trials condemnations deaths of the said Blessed men Campian Sherwyn the rest who not only protested on their soules and euerlasting saluation at their last houre to bee guyltlesse in all accusations laid against them except only their Orders of Priest-hood and profession of faith but vpon racks also stood therevnto and defended the same so cleerly at the barre with manie reasons proofes and demonstrations as most of those that stood round about and heard their Pleas yea Protestants also by name did think certainly when the Iury went forth to consult and did offer likewise to lay wagers theron that at least Father Campian and his companie the first day should haue been quitted 13. And as for the auncient common laws of England wherby M. Attorney saith they were condemned wee haue shewed now often before that this is but a word of Course with him that there bee no such Commō-laws extant not euer were or could bee vnder Catholicke Princes against Priests before the breach of King Henry the 8. and that this is but an Idaea Platonica of the Attorneys inuention to couer and colour matters withall whose soule truly I doe loue so dearly as I would bee very sory hee should entangle the same with the bloud of those godly men that suffered before he came to age to vndergoe that daungerous burthen of pleading against them Hee maie leaue that charge to his Auncients especially to him that had his office at that time who being yet liuing as I suppose hath both that and many other such heauy reckonings to answere for at the time appointed by the common Iudge of all whome I beseech most humbly to facilitate that account vnto him and others interessed therin as this also of calumniating Recusant-Catholickes to M. Attorney they being the only people of that profession that most ought to be pittied and charitably delt withall for that they suffer only for not dissembling in their consciences which if they would doe as the sinne were damnable to themselues so were it nothing profitable or auailable to the State or Prince to haue externall conformity without inward consent iudgement will or loue And so much of the ground of this first expostulation pretermitting many other things which might be complained of in this boysterous streame and torrent of M. Attorneys accusations against them 14. And yet one thing more I may not pretermit which is to admonish his conscience if it haue aures audiendi hearing eares which by our Sauiours speach appeareth that diuers cōsciences haue not to looke to one speciall obligation aboue the rest which is that hauing ended and put in print this his Booke presented the same in person to his Maiesty shewed the principall drift and partes therof and therby made some stronge impressions against the said Recusant-Catholickes as well appeared by his said Maiesties speaches and discourse that day at dinner when the said booke was brought forth his obligation I say is and this both in conscience and honour that finding himself now mistaken ouershot or deceiued in some of his said principall Reportes and principally in this about Recusant-Catholicks he is boūd to present also this Answere to his said Maiesty for manifestation of the truth and releiuing the said Catholickes of the vniust accusations laid against them as he did present his owne booke of the said