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
and prescribeth in particular what is to be done as lawfull Iudge in these matters And to that of the French Bishops he giueth such answeres as therby he testifyeth that he wel knew himself to haue supreme authoritie and iurisdiction Ecclesiasticall as well ouer all Bishopps of France as of England and all countryes besides throughout all Christendome For thus he wrote as S. Bede relateth For as much as concerneth the Bishopps of France I gaue you no authoritie ouer them and from the ancient tymes of my precedessors the Bishop of Arles hath receaued his pall from the Sea of Rome whome we ought not to depriue os that authoritie which from them he hath receaued c. 12. And the same Pope Gregorie sending the pall which is the proper signe of Archi-episcopal authority vnto the same S. Augustine of England he appointeth him his limitts of power and iurisdiction and what he shall doe and giue to others and this without any reference vnto K. Ethelbert any way to depend of him in his said authority or execution therof For thus he writeth vnto him Reuerendissimo Sanctissimo Fratri Augustino Coepiscopo Gregorius seruus seruorum Dei. Quia noua Anglorum Ecclesia c. For that a new Church of the English nation by Gods gyft and your labour is now brought to participate of the grace of our Sauiour Christ we doe graunt vnto you the vse of the pall in the sayd Church only to be vsed in the solemne celebration of Masses we graunt you also authority to ordeine twelue Bishops vnder you which shal be subiect to your iurisdiction but yet sâ— as the Bishop which shal be ordeyned for the citty of London shall euer afterward be consecrated by a Synod and shall receaue also a pall of honour from this holy and Apostolike Sea of Rome â— wherin by Gods appointment I doe serue at this tyme. We doe will you also to send a Bishop to the Citty of Yorke whome your self shall thinke good to ordeyne but yet with this condition that if that Citty with other places neere about doe receaue the worde of God he may ordayne twelue Bishops also and so remaine with the honour of a metropolitan for that we doe intend God willing if we liue to giue him also the pall whome yet notwithstanding we will haue to be subiect to your disposition though after your death he shall so be ouer these Bishops whome he hath ordeyned as he be no way subiect to the iurisdiction of the Bishop of London c. But your Brotherhod shall not only be Superiour and haue authority ouer those Bishops which your self haue ordeined but ouer those also which shal be ordeined by the said Bishop of Yorke And so in the authority of Iesus Christ our God Sauiour you shall haue subiect vnto you all the Priests of Brittany to the end that from your mouth and holines of life they may receaue a true forme both of right belief and vertuous life and therby performing their dutyes of good Christians both in faith and manners they may come at length by Gods holy grace to enioye his heauenly Kingdome who keepe and defend you euer most reuerend Brother The tenth day before the Calends of Iuly Mauritius being Emperour c. the 4. indiction anno Domini 601. 13. By this epistle and commission of Pope Gregory we may see what authority he tooke himself to haue for all matters spiritual and Ecclesiasticall in our Countrey neither did he thinke herby to doe any iniury to King Ethelbert neither did the King take it soe or imagine that himself had any spirituall Iurisdiction or Ecclesiasticall authority to gouerne the Church by vertue of his temporall crowne more now by being a Christian then he had before when he was a Gentile but only that now he was to gouerne Ecclesiasticall persons also in ciuill and temporall matters and therby might rightly be called King of them both in the sense which befoâ—e in the second Chapter of this answere we haue declared 14. Nay good King Ethelbert was so far of from thinking himself to receaue any preiudice against the power and authority of his temporall Crowne by the spirituall iurisdiction ouer him and all others instituted by Pope Gregory as he infinitely reioyced therat and presently made temporall lawes to confirme the same hauing speciall care to prouide for the fafety and immunity of the Clergie as S. Bede doth signifie And moreouer that he reduced the forme of his secular iudgements and Tribunalls to the likenes of those of Rome Among other good things and benefits saith he which King Ethelbert with his wisdome did bring into his nation one was that he appointed by the counsaile of wise men the decrees of iudgements to be made according to the example of the Romanes which decrees being written in the English tongue doe remaine in vse and force vnto this day So Bede Who liued an hundred fifty yeeres after And this may suffice for example of the first Kingdome conuerted to Christian religion which was of Kent and the countreyes round about euen vnto the riuer of Humber 15. But if I would passe to the consideration of other Kingdoms also conuerted after this of their Christian CoÌ„mon-wealthes instituted and ordeyned according to the forme of this first there would be much to say For first some foure yeares after the conuersion of the sayd K. Ethelbert of Kent by S. Augustine was conuerted by the preaching of S. Mellitus Sebert or as S. Bede calleth him Sabered King of the East-saxons and some fiue yeares after that againe King Sigebert of the East-angles by the preaching of S. Felix Bishopp and some seuenteene yeares after that againe K. Edwyn of the Northumbers by the preaching of S. Paulinus And then further some nyne yeares after thatâ— K. Kinegilsus of the VVest-saxons by the preaching of S. Berinus and about the same time Prince Peda of the Mercians or Middle-iland people by the persuasion of the good K. Oswyn of Northumberland And finally about some 27. yeres after all this K. Ethelwâ—ld or Ethelwalch as S. Bede calleth him of the Southsaxons was conuerted by the preaching of S. VVilfride 16. All these Pagan Kingdomes as they receaued the faith and Kingdome of Christ by the industrye and labours of spirituall and Ecclesiasticall men that preached and instructed them and were subordinate the one to the other but all to the Sea os Rome so did those Kings now made Christians subiect themselues vnto them not only in matters of faith and beliefe but in discipline also and Ecclesiasticall iurisdiction as sheep to their Pastors according to that which before you haue heard S. Cregâ—â—â— Nazianzen tell the Emperour of his tyme and herby it came to passe that albeit these different Kingdomes had different teâ—porall lawes for secular affayres before their conuersion and reteyned the same afterward vntill England became one sole Monarchie
tyme of the Danes as before I noted King Canutus the Dane as Ingulphus testifyeth which liued presently after him was so carefull to haue this duly payed with other dutyes belonging to the Church as being in his iourney towardes Rome he wrote backe to his Bishops and other officers in these words Nunc igitur obtestor c. Now then I doe beseech all you my Bishops other officers and all gouernours of the Kingdome by the faith which you doe owe vnto God me that you will so prouide that before my arriuall at Rome all debts be payed which according to auncient lawes are due That is to say the accustomed almes for euery plough the tythes of beastes borne euery yeare the Pence which you owe to S. Peter at Rome whether they be due out of the cittyes or the Countrey that by the middest of August you pay the tythes of your corne that at the feast of S. Martine you pay the first frutes of your seed to the Church and parish in which euery man liueth which payment is called Kâ—ke-seet And if these things be not performed by you before I retourne assure your selues that my Kingly authority shall punish ech man according to the lawes most seuerely without pardoning any Fare you well Vpon the yere of Christ 1032. So he And marke good Reader that he saith he will punish according to the lawes yea and in his former words that there are auncient lawes for these Dutyes to Rome which M. Attorney cannot bring for his assertion against the Pope so as in auncient common lawes we are now before him But let vs goe forward end this Demonstration 73. About thirty yeres after this againe King Edward the Confessor wrote to Pope Nicolas the second in these wordes Ego quâ— que pro modulo meo augeo c confirmo c. I also for some small gifte of myne doe encrease and confirme the donations of paying such money as S. Peter hath in England and doe send vnto you at this time the said money collected togeather with some Princely gyfts of our owne to the end that you may pray for me and for the peace of my Kingdome and that you doe institute some continuall and solemne memory before the bodyes of the Blessed Apostles for all the English-nation c. So good S. Edward 74. And when not long after him King VVilliam of Normandy obteyned the crowne he forgott not this law among the rest as afterward when we come to talke of him and his raigne in particuler we shall more at large declare For his tenth law in order hath this title De denario Sancti Petri qui Anglicè dicitur Rome-scotâ— of the Penny of S. Peter called Rome-scot in the English tongue And then he beginneth his law thus Omnis qui habuerit triginta denaâ—â— vinae pecuniae in domo sua de proprio suo Anglorum lege dabit denarium Sancti Petri lege DanoruÌ„ dimidiam marcam c. Euery man that shal hâ—uâ— the worth of thirty-pence of liuely money of his owne in his house shall by the law of English-men pay the penny of S. 〈◊〉 and by the law of the Danes shall pay halfe a marke And this penny of S. Peter shall be summoned or called for vpon the solemnity and feast of S. Peter and Paul and gathered vpon the feast of the Chaines os S. Peter so as it shall not be deteyned beyond that day c. thus the Conquerour in confirmation of that which other English Kings had done before him appointing also in the same place that his Iustice should punish them that refused to pay the said money or paid it not at the due day appointed 75. And to conclude this matter this tribute was continually paid from the first institution therof not only before the Conquest as now you haue heard but afterwards also by all the Norman Kings their Successours vnto King Henry the 8. as out of Polidor we haue seene And the same King Henry himself duely paid the same in like manner for more then twenty yeres togeather vntill he brake from the Pope and Sea of Rome vpon the causes which all men know Wherevpon this our Demonstration inferreth that all this while it is not likely they paying so willingly and deuourly this temporall tribute vnto the Popes of Rome that they denyed his spirituall iurisdiction or held him in that iealosie of competency for vsurping therby vpon their Crownes as now we doe And lastly that the supreme spirituall authority of Queene Elizabeth without any Act of Parlament was warrantable by these Kings lawes which is the mayne paradoxicall conclusion of M. Attorneys whole discourse against which we haue yet a Demonstration or two more so an end The nynth Demonstration 76. The nynth Demonstration then about this matter shall be the consideration of our English Kings their singular and extraordinary deuotion before the Conquest to the Sea of Rome which was such as diuers of them left their Crownes and Kingdomes after many yeres that they had raigned and ruled most gloriously at home and went to liue and dye in that citty some in religions habit and profession of Monasticall life as Kenredus King of the Mercians and Offa King of the East angles some in secular weed but of most religious deuout and exemplar conuersation as Inas and Ceadwalla Kings of the VVest-saxons some others went thither of deuotion with intention to retourne againe as the other great Offa King of the Mercians Adelnulph alfred and Canutus Monarches of all England and lastly good King Edward the Confessor had determined vowed a iourney thither in pilgrimage but that his Kingdome greatly repyninge therat in respect of the daungerous tymes two Popes â—â— and Nicolas decreed that he should not come as before we haue touched but rather bestow the charges of that voyage vpon some other good worke namely the encrease of the Monastery of VVestminster 77. And here I might enlarge my self much in the declaration of these particulers which we haue named and of many others that we haue omitted in this kind I meane of English Kings that leauing their temporall Crownes haue submitted themselues to the sweet yoke of Christ in religious life Iohn Fox in his Actes and Monuments doth recount nyne crowned Kings that became Monkes within the first two hundred yeres after Englands conuersion to Christian faith though all of them went not to Rome and some eighteene or twenty Queenes or daughters to Kings or Queenes that tooke the same course contemning whatsoeuer pleasures or preferments the world could giue them But of such Kings as went to Rome and made themselues religious there the foresaid Kenredus of the Mercians and Offa of the Eastangles were the most famous who agreeing togeather vpon the yere 708. as Florentins after S. Bede doth recount the history lest both their Kingdomes wiues children honours goods and the
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
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
that fal out much lesse authors of the same for their silence or not reuealing as in this case of the Iesuits you labour to inferre 15. But in truth Sir it seemeth that you attended more to the art of Oratory then to the coherence of Truth in that your speach for that presentlie after your former vvordes you added these for the beginning of your declamatioÌ„ In this discourse I will speake saie you of no other circumstances but of treason and of no other treasons but the Iesuits treaâ—ons of no other Iesuits treasons but such as shal parâ—iculerly concerne this prisoner VVherin notvvithâ—taÌ„ding verie soone after contradicting your self you brought in a long discourse of the antiquity â—nd inuisibilitie of your Church as also of Equiâ—ocation and manie other things vvhich are no â—ircumstances of treason You handled also of â—he Northerne Earles Excommunication of the Queeene and diuers other such things as hapâ—ened before the Iesuits came into England and â—onsequentlie could be no Iesuits treasons And vvhen you come to treat of the prisoner himâ—elf and to proue him a traitor you begin vvith â— Statute set forth in the 23. yeare of the late Queenes raigne vvhich made all Iesuits and other Pristes traitors that came into England or remained in the same and consequentlie concerned not the prisoner in such speciall maÌ„ner as you vvould seeme to promise or if it did yet manie other things you bring in and handle as that of Lopus the Ievv VVilliams York Squier Colen partlie Protestants and partliâ— Catholickes vvho vvhatsoeuer their causes vvere vvherof somvvhat shal be spoken after yet touched they nothing at all that prisoner vvho yet neuer dealt vvith them nor euer vvas accused concerning them VVherevpon is inferred that no one of your three-fold members before mentioned vvas performed by you to vvit that you would speake of no other circumstances but of treason and of no other treasons but of Iesuits treasons of no other Iesuits treasons but such as should particulerly concerne the prisoner at the barre 16. But this defect I suppose that all your auditorie did not obserue by reason of the multitude of other tumultuary matters dravvne in by you against the said prisoner but yet your Rhetoricke in amplifying one point about the first lavv alleadged against the comming in of Priests and Iesuitts vvas so markeable as no man I thinke vvas so dull as did not obserue it and beare it avvay To vvit that vvhereas the said lavv did forbid all Priests vnder paine of death and treason not to come into England or execute anie parte of their priestlie function vvithin the Realme as to preach teach offer sacrifice heare Confessions absolue from sinnes reconcile to God and to the vnion of his Catholicke Church dissuade from sects and heresies and other like offices you in commendation of that lavv protested to proue it to be the most myldest law the sweetest law the law most full of mercy and pitty that euer was enacted by any Prince so iniuriously prouoked And you added in the heat of your eloquence that if you proued â—ot this then let the vvorld saie That Garnet is an honest man VVhich vvas a vvarraÌ„t to al the hearers up hold him for such for so much as no man vvas there so simple but savv it impossible for you to â—roue that assertion and consequentlie that in all their hearings you canonized his honesty â—â— For hovv did you go about to proue M. Attorâ—â—y that this lavv was so myld so ful of pitty lenity â—or sooth for that you saie the meaning was by keeâ—ing Priests of and expelling those that were within to â—â—are their bloud though if they retyred not to spill it â—magine that then if in Queene Maryes dayes for â—xample such a lavv had byn made against Proteâ—tant-Ministers that came from Geneua and other â—laces of Germany vvould you M. Attorney haue â—eemed that lavv a gentle law a sweet myld law a â—aw ful of mercy pitty clemeÌ„cy I presume you dare â—ot saie it But let vs vse an other example of much â—ore moment If in the Apostles time such a lavv â—ad byn made by anie King or Emperour of conâ—rarie religion to them that if anie of the said Apostles or Priests for so they vvere should enter â—nto their dominions to preach a contrarie doâ—trine to the religion there receaued and establisâ—ed and to exercise anie of their Apostolicall or Priestlie functions it should be treason and paine of death could this be called a myld law a sweet lavv a lavv ful of pitty compassion a lavv made for not spilling their bloud or vvould or could the Apostles or their follovvers haue obeyed this lavv or did they obey the Gouernours of the Ievves othervvise their lavvfull Superiours vvhen they coÌ„manded them to preach no more in the name of Christ or to disperse Christian doctrine vvhich they called seditious or to reconcile anie to Christian religion vvhich they held for treason or did they flie though Princes Emperours aftervvardes by publicke Edicts did commaund them out of their dominions or is there not another bloud to be respected called by the Prophet the bloud of the soule vvhereof the Pastor shall be guiltie if he flie for feare or forsake his flocke in time of daunger and persecution is not all this so or can it be denyed or haue not English Priests the same obligation of conscience to help their CouÌ„trey and countrymen in spirituall necessities as had the Apostles and Apostolicke men to strangers for vvhose helpe yet they vvere content to offer their liues and incurre anie daunger vvhatsoeuer VVherefore M. Attorney to speake a truth if you deale vvith men of vnderstanding it is but fond and if of Christian courage it is but trifling eloquence all that in this point you haue vsed about the myldnes svveetnes mercy and compassion of this cruell and bloudy lavv of Queene Elizabeth Children maie be delighted and deâ—uded vvith such bables but vvise-men doe laugh at them 18. Concerning the other heads of doctrine vvhich pleased you to handle in this arraignemeÌ„t â—t the barre vvith no small ostentation of vvorâ—es as being in your ovvne Center namelie Of the Antiquity of your Church Equiuocation and some â—ther such points as they vvere not much ad rem in that assemblie busines so could your friends â—aue vvished that either you had omitted them alâ—ogeather or handled them more substantiallie or as for Equiuocation or mentall reseruation of a â—â—ne sense in a doubtful speach it seemeth plainlie â—â—at you vnderstaÌ„d not the QuestioÌ„ nor the meaâ—ing vvhich both ancient and moderne learned â—en haue in holding that true and necessarie â—octrine no marueile for tâ—at it hath not byn I â—â—inke your educatioÌ„ to be troubled much vvith scrupulositie of vvordes to vvit vvhat sense maie â—e held therin vvithout sinne vvhat not the â—â—amen of vvhich matters belong to more tender â— timerous coÌ„sciences then Kings
other place De torrente in via bibit propterea exaltauit caput and infinite other throughout all the nevv and old testament spoken literallie of Christ and yet by allusion applied to good men as the ancient Fathers doe testifie in their vvorkes applying to the members oftentimes that vvhich belongeth principallie to the head so as herein M. Attorneyes haires needed not to stand vpon end nor trouble themselues or their maister neither vvas it nedefull that M. Attorney should praie for M Garnet to repent himself of this blasphemie vvhich vvas none at all before he dyed God graunt Syr Edward Cooke be in state to make so cleere and easy an accompt at his departure from this vvorld as the other vvas vvhich hardlie maie be hoped considering their great difference of life functions except God vvorke a miracle or that solifidian iustification doe enter for smoothing of all vvhich maketh all men equall and equallie saincts 42. But to dravve to an end one of your last triumphant speeches touching all Iesuits vvas that they vvere Doctors of foure different doctrines the one of dissimulation the second of deposing Princes the third of disposing of Kingdomes the last of deterring Princes with feare of excommunications and of all foure you discoursed vvith great resolution and peremptorie determination vvel assuring your self that none in that place should haue meanes to ansvvere you though there vvanted not manie vvho out of their discretions did note vvhere and hovv you might haue byn ansvvered vvith no small aduantage as perhaps you may be hereafter more at large vpon some other occasion 43. Novv onlie I thought good to put you in mind that these and other your discourses founded commonlie vpon diuisions and little concerning the prisoner or matter in hand vvere noted and borne avvaie and this among the rest vvas obserued that you vvere more fertile in setting dovvne diuisions then fruitfull aftervvard in prosecuting the same yet in the last parte of this four-fold partition about terrifying Princes with excommunications you flovving novv vvith full sea tovvardes the end of your accusations men saie that you insulted greatlie ouer Catholicke religion brought forth a booke of your ovvne compyling to vvit your Reportes pretending to shevv out of the same that our English Kings in former ages were nothing afrighted with the idle menaces of Papall excommunications that one was condemned of high treason for bringing in a Bull against a subiect without the Kings licence that the King was neuer reputed subiect to any Pope in Ecclesiasticall matters but that himself was absolute how the Popes Legates were often times stayed at Calles vntill the King had giuen them licence to come into England vvith manie other such points partlie true partlie false partlie impertinent to the matter partlie prouing de facto and not de iure partlie misalleadged partly miscōstred but altogeather misapplyed to the disgrace of that religion for vvhose seruice al your lavves in those times ages vvere instituted and honoured yet you protested in that vaunting vaine of yours that you were exceeding glad to see your moderne religion in this point so agreable to the ancient lawes of the Realme which lawes quoth you if they were exactly looked into would restraine our Romish Catholickes for growing any further as you hoped they would be 44. But Sir hovv little ground of truth or substance all this hath in it hovv contrary effectes the devv cōsideration of our English lavves may must needes vvorke in the mindes of al discreet men tovvardes the setling of a stable iudgement and firme persuasion in fauour of Catholicke religion in that the said lavves proceeded al from Catholicke Princes though alvvaies I except such as doe frame their iudgement to the current of the present time doe subordinate their vnderstanding to their vvealth and honours this I saie shal aftervvardes be so euidentlie declared in this Answere of ours throughout the vvhole booke as no mā I suppose vvith any indifferēcy or probability of reasō shal be able to deny or cōtradict the same 45. And in particular the Reader shall see refuted the seuerall members by you heere set dovvne as namelie hovv great and harty reuerence and respect our Catholicke Kings did euer beare vnto Ecclesiasticall Censures not onlie of the Pope as supreme but of their ovvne home-Bishopps also and that no King in all that ranke for almost a thousand yeares did euer hold himself absolute in Ecclesiasticall povver vntill King Henry the eight and that it cannot be true vvhich heere elsvvhere you so much bragg of bring forth vpon euery occasion as the archer that had but one arrovv in his quiuer that vvould fly hovv that in the raigne of King Edward the first it was treason by the common-law for a subiect to bring in and publish a Bull from Rome against a subiect without the Kings licence vvhich is your first obiection in that Kings life and ansvvered by me after in the eleuenth Chapter of this booke 46. And as for the obiection of the Popes Legats or Nuntij detained somtimes by the Kings order at Calles from entering the Realme vntill some difference betvvene Popes and Kings vvere accorded though it be so vveake a thing as deserueth no ansvvere yet haue I ansvvered the same vpon diuers occasions and shevved amongst other that by this argument if it vvere good King Philip and Queene Mary might be said not to haue acknovvledged the Pope his spirituall authoritie for that they deteined in Calles the messenger of Paulus Quartus vvhen he brought the Cardinalls hat and Legacy of England for Friar Peto in preiudice of Cardinall Poole vvhich the said Princes vvould not suffer to be put in execution vntill they had better informed the said Pope vpon vvhich information their intercession the controuersie ceased 47. Much other matter I doe vvillinglie pretermit M. Attorney vvhich you vttered that daie in contempt derogation of that religion vvherby all your progenitors yea all the Peeres and Princes of our Realme in precedent ages thought themselues both happie and honourable and if they had imagined that in future times an Attorney vvould haue stept vp to raile and reuile that religion calling it rotten and contemptible them all blind and deceaued people vvhat an opinion thinke you vvould they haue fore-stallen of you and hovv base and odious a conceit vvould they haue preconceaued against you especiallie if they had seene you as others did that stood neere so caried avvaie vvith hereticall humour as to vvander and range and runne from your matter in your pleading to seeke occasion of insolent tauntes against them in such sort as your vvhole subiect by your ovvne confession being of treason the most of your inuectiue speach vvas against their religion 48. For vvhich cause I thought my self bound to saie somevvhat in this behalfe principallie to that vvhich is proper to the argument of your late booke of Reportes heere
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
Church and Church-men § 2. pag. 165. The first Instance of M. Attorney taken out of the raigne of K. William the Conquerour refuted § 3. pag. 169. Of King William Rufus and Henry the first that were the Conquerours sonnes and of K. Stephen his nephew And how they agreed with the said Conquerour in our Question of Spiritual Iurisdiction acknowledged by them to be in others and not in themselues Chap. VIII pag. 176. Of King Henry the first who was the third King after the Conquest § 1. pag. 180. Of the raigne of King Stephen the fourth King after the Conquest § 2. pag. 189. Of the Raigne of K. Henry the second great Grand-child to the Conquerour the fifth King after the Conquest with his two sonnes K. Richard and K. Iohn and their comformityes in this Controuersy Chap. IX pag. 196. Of the Raigne of K. Richard the first the sixt King after the Conquest § 2. pag. 208. Of the Raigne of K. Iohn who was the seauenth King after the Conquest § 3. pag. 222. Of King Henry the third that was the eight King after the Conquest and the first that left Statutes wrytten And what M. Attorney alleadgeth out of him for his purpose Chap. X. pag. 232. Two Instances alleadged out of the raigne of K. Henry the third by M. Attorney and of what weight they be § 1. pag. 245. Of the liues and raignes of K. Edward the first and second Father and Sonne And what Arguments M. Attorney draweth from them towards the prouing of his purpose Chap. XI pag. 256. Of K. Edward the first who was the nynth King after the Conquest § 1. pag. 257. Of King Edward the second which was the tenth King after the Conquest § 2. pag. 278. Of King Edward the third and K. Richard the second his nephew and successour And vvhat Instances or Arguments M. Attorney dravveth from their tvvo raignes vvhich continued betvveene them for seauenty yeares Chap. XII pag. 285. M. Attorneyes obiections out of the raigne of K. Edward the third aforesaid § 1. pag. 292. Of the raigne of K. Richard the second the tvveluth King after the Conquest § 2. pag. 308. Of the three King Henryes of the house of Lancaster the fourth fifth and sixth vvho raigned for the space of threescore yeares And vvhat is obserued out of their raignes concerning our Controuersy vvith M. Attorney Chap. XIII pag. 312. Instances alleadged by M. Attorney out of the raigne of K. Henry the fourth vvho vvas the thirteenth King after the Conquest § 1. pag. 315. Out of the raigne of K. Henry the fifth that vvas the fourteenth King after the Conquest § 2. pag. 322. Out of the Raigne of K. Henry the sixt the fifteenth King after the Conquest § â— pag. 326. Of the Raigne of fâ—ure ensuing Kinges to vvit Edward the fourth Edward the fifth Richard the third and Henry the seauenth And hovv confoâ—me they vvere vnto their Ancestors in this point of Controuersy vve haue in hand Chap. XIIII pag. 328. Iâ—stâ—nces out of the Raigne of K. Edward the fourth the sixteenth King after the Conquest § 1. pag. 331. Out of the Râ—igne of K. Henry the seauenth vvho vvas the nynteenth King after the Conquest § 2. pag. 337. Of the Raigne of K. Henry the eight and of his three Children King Edward Queâ—ne Mary and Queene Elizabeth And hovv the first innouatiâ—n thout Ecclesiasticall Iurisdiction vvas made and continued in their daies Châ—p XV. pag. 341. The ansvvere to certayne Instances of M. Attorney out of the Raigne of K. Henry the eight § 2. pag. 351. Of King Edward the six the one and tvventith King after the Conquest § 3. pag. 357. Of the Raigne of Queene Mary the tvvo and tvventith Princesse after the Conquest § 4. pag. 359. Of the Raigne of Queene Elizabeth vvho vvas the three and tvventith Princesse after the Conquest and last of K. Henryes race § 5. pag. 361. Certaine Expostulations vvith M. Attorney about euill preceeding iniuryes offered to diuers sortes of men in this his booke of Reportes especially to â—ards the end therof Togeather with the Conclusion of the whole worke Chap. XVI pag. 368. The first expostulation in the behalfe of Recusant-Catholickes of England grieuâ—â—sly iniured by M. Attorney § 1. pag. 369. The second Expostulation in the behalfe of all English Catholickes in generall § 2. pag. 376. The third Expostulation in the name of all moderate and peace-louing subiects whatsoâ—uer § 3. pag. 384. An Index or Table of the particular matters conteyned in the vvhole worke THE PREFACE TO THE READER Concerning the weight and importance of this our Controuersie wherby may be resolued whatsoeuer is in question between men of different Religions at this day in England ALBEIT the moment and vtility of that we haue in hand discreet Reader will best be seene by perusall of the Treatise it self and by thy iudicious consideration therof yet for thy better encouragement to this labour and to stirr thee vp to more attention herin I haue thought good to touch some points in generall at this first entrance remitting the larger and more particular declaration therof vnto that which is to ensue throughout the whole discussion of the Controuersie 2. First then to pretermit the whole view of our English Christian antiquities which heer by fit and necessarie occasion is searched laid open togeather with the liues and laws gouerment and Religion of all our Christian Kings both before and after the Conquest This one point seemeth to me to be of most moment for the present that wheras vnder the raigne of Queen Elizabeth about whome principallie is our question three sortes of Religion did stand vp striue togeather and doe vnto this day the Protestant the Puritane â—nd the Catholicke their whole contention seemeth to mee to ly within the limits of this Controuersie moued by M. Attorney about Q. Elizabeths spirituall iurisdiction and that out of the same the whole may easily be determined as presentlie you shall see 3. For wheras there are two principall partes of any Religion whatsoeuer the one doctrine or precepts for instruction the other power and authoritie for direction and gouerment albeit the first be the ground and foundation wheron to buyld and worke yet is the second that which giueth life and motion to the former and must try and iudge the same for that in euery religion or societie of men professing one and the self same faith those that are the cheife meÌ„bers therof presumed to â—aue principal power and spiritual iurisdiction therin are they that must authorize discerne and iustifie the doctrine therof to their followers For as S. Augustine said in â—is daies to the Manichies that pressed him to beleeue certaine thinges out of the scripture in their sense That he vvould not beleeue the ghospell it self to be the ghospel except the authority of the Chuch did moue him thervnto that is to say the cheife gouernours of the
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
English Catholiks at this day what reason haue they to sinne so damnably as to write against their owne consciences seeing that by following their consciences they might follow also their commodities Wâ—at new opinions haue they inuented of their owne or taken vpon them to follow inuented by others for which they should be drawne to write against the knowne truâ—hâ— that is to saie as all Fathers do expounde it the Catholike truth For that is knowne receiued and acknowledged and hath byn from time to time throughout Christendome wheras new opinions are not knowne truthes but presumed truthes by a few in some particuler place or countrey and for some certaine time past and not publiklie continued from the beginning 31. As for example in the present controuersie to pretermit all others English Catholiks saie that they approue noe other Ecclesiastical power than that which all the Kings of England from the first that was conuerted vnto King Henry the eight togeather with their Counsellours lawyers and Sages both spirituall and temporall haue allowed receiued practised and confirmed by their owne municipal lawes M Attorney on the other side holdeth the contrary and bringeth only for his direct proofe the constitutioâ—s of two or three late Princes Q. Elizabeth a woman K. Edward a child and some parte of King Henries raigne distracted from the rest and deuided also from himselfe in all other points of Relâ—gion besides Ecclesiasticall iurisdiction but for indirect proose he cyteth certaine peeces and parcells of Ordinances Lawes and Decrees of some former Catholike Princes which seeme to restraine or suspend in some particular cases the execution of the said Ecclesiasticall iurisdiction in matters not meerly spirituall but mixt with temporalities as to them it seemed and not denying therby any parte of the spirituall power it self as after shall be shewed 32. Now then wheras he alleadgeth three Princes Decrees against the Popes authoritie interrupted by a fourth for that Queene Marie annulled the two that went before her and ioyned fully with her auncient progenitors wee one the contrary side for these three interrupted doe produce neere threescore by descent without interruption and for threescore yeares more or lesse wherin they made these lawes wee alleadge more then three times three hundered and for a part or parcell of tâ—e Sages of our Land which in these later dayes vpon art feare or industrious induction were drawne to consent vnto these new lawes against the old with vtter mislike of the sar greateâ—t part wee â—ay forth the whole vniforme consent of all sortes beginning with the first very planting of Christian Religion in our countrey continued for more than nine hundrâ—d years togeather so as we alleadg both antiquitie prioritie vniuersalitie continuance and succession without interruption which are all the markes of Catholike verity and consequently when we write for defence of this in euery controuersie of our dayes how can the Attorney saie or pretend to imagine that we write against our consciences and the knowne truth 33. And as for the imaginarie causes of discontentment which he deuiseth either for that men haue not atteined vnto their ambitious and vniust desires or for that in the eye of the State their vices and wickednes haue deserued punishment and disgrace and therfore doe oppose themselues against the current of the present These speculations I saie cannot fal any way vpon English Catholiks not doe subsist of themselues Not the later for that they are knowne to be temperate men so will the countrey commonlie where they liue beare them wittnes and the experience of their singuler patience vnder the pressures of the late Queene doth manifestly testifie the same Not the first for that if conscience did not retaine them they might gaine more and more aduaunce their ambitious desires if they haue any by following the Current of the time with M. Attorney and others than by standing against it to suffer themselues to be ouerflowne therwith And it is a great presumption in all reason that he hath a good conscience who standeth thervnto with his losse that might run downe the hill with the current to his gaine and preferment For that this later is easie and vulgar and common to the worst men as well as to good the other is hard and rare and needeth grâ—at vertue and fortitude of mind wherof I may chaunce to haue occasion to speake more largely afterward at the end of this booke in a speciall chapter to M. Attorney himselfe when our principall controuersie shal be tryed shewing what vrgent forcible and peremptorie reasons Catholike men haue though with neuer so great losse temporall to stand for the defence of their consciences not to runne downe the current with him and others that swymme with full sayle therin And so much of this 34. Some other few pointes of litle importance doe remaine in this passage of M. Attorneys Preface which might be touched and examined as where he saith that the particular and approued custome of euery nation is the most vsuall binding and assured law and for more authoritie of this asseueration as also of whatsoeuer he saith besides or pretendeth to say out of our lawes in his ensuing Treatise he addeth that he hath byn a student therof for these 35. yeares but I could bring forth lawyers of no lesse standinge and study though perhaps with lesse gaine that would contradict him in both these points First that custome is not allwayes the most vsuall binding law either in conscience or otherwise with these would run all the ministers of Englaud in the case of Catholike and Protestant Religion wherin custome by their owne confession is against them And in the second point concerning the peeces parcelles heere alleadged out of our Common-lawes against the Ecclesiasticall Iurisdiction as M. Attorney would haue it seeme these men would alleadge twenty for one not shredes or liberts of lawes but intyre lawes themselues authorizinge and confirminge with full vniformity and vniuersality of our English nations consente the said Iurisdiction from time to time and the vse and practise therof But of this afterward 35. Now to conclude with M. Attorney in this his Preface if his end and desire be as he saith that such as are desirous to se to know may be instructed and such as haue byn taught amisse may se and satisfie themselues with the truth and such as know and hold the truth may be comforted and confirmed I shall gladlie ioyne with him in this end and desire pâ—aying almightie God that himself also and many more with him may bee in the first two members for that in the third none can be but true Catholiks And this shall suffice for this place For as for the Latin sentence out of Macrobius that our ignorance in many things proceedeth of that we reade not diligently the work of ancient authors I haue touched in parte before and doe allow of the sense now againe
tryall of all OF THE SECOND SORT OF PROOFES NAMED DE FACTO VVherto M. Attorney betaketh himselfe alleadging certaine Instances therin And first out of our Kings before the Conquest CHAP. V. THE whole bulke of M. Attorneyes booke such as it is consisteth as before hath byn noted in the recitall of certayne lawes or peeces of lawes and therfore called by him Reports or Relations of clauses found in his Commonlawes or Statutes that may seeme somwhat to sound against the absolute IurisdictioÌ„ Ecclesiasticall of the Bishops and Sea of Rome or to the restraint therof vnder certayne Kings and in certaine occasions and to ascribe vnto the said Kings some Ecclesiasticall power in those cases as afterwards shal be seene Wherin first is to be considered that which before hath been obserued that he abandoning as it were the first head of proofes De Iure flyeth only to the other De facto which alwayes holdeth not for that all factes doe not infer necessarily the right of equity and Iustice as before hath been shewed And secondly if all the examples De facto were graunted in the sense as by him they are set downe yet are they farr of from prouing his principall as often afterwards vpon many particular occasions shal be declared For that his said principall Conclusion is as yow may knowe that Queene Elizabeth by the ancient Common lawes of England had as full and absolute power and Ecclesiasticall Iurisdiction as by any spirituall or Ecclesiasticall person had euer byn at might lawfully be exercised within the Realme And these Instances by him alleadged doe concerne but certaine peeces and parcells of Iurisdiction in some particular cases and causes as by examination wil be found Wherfore to drawe neere to this examination we must vnderstand that M. Attorney rightly deuideth the tymes of our Kings into before and after the Conquest and I shall willinglie follow him in this diuision and search out what Ecclesiastical lawes or Ordinances there were made in those dayes by our Kings of those ages for his or our purpose 2. And first before the Conquest when our best English Kings were most eminent if we respect pietie and religion as liuing neerer to the origen fountaine of their first conuersion fernour of Christian spirit out of this tyme I say and ranke of our Christian Kings froÌ„ Ethelbert the first to K. Edward the last before the Conquest for of K. Harold we make little accompt he being an intruder and raigning so small time and with so many troubles as he did they being otherwise aboue a hundred in number within the space of almost fiue hundred yeares two only inferences he produceth and these of very small moment as presently will appeare yet let vs heare how he beginneth and what Preface he maketh to his proofes in these words To confirme saith he those that hold the truth and to satisfye such as being not instructed know not the ancient and moderne lawes and customes of England euery man being perswaded as he is taught these few demonstratiue proofes out of the lawes of England in steed of many in order serie temporum are here added This is his Preface wherin he promiseth as yow see demonstratiue Proofes which are the strongest most cleer euident and forcible that logicke doth prescribe in any science but we shal be enforced afterward to admitt proofes of a lower degree then demonstrations as by experience you will find Wherefore to the matter 3. His first instance is taken out of the words of a certaine Charter giuen by King Kenulfus of the VVestsaxons some two hundred and fifty yeares after the conuersion of K. Ethelbert of Kent confirmed afterward by K. Edwin Monarch of all England which Charter beginneth thus Kenulfus Rex c. per literas suas patentes consilio consensu Episcoporum Senatorum gentis suae largitus fuit monasterio de Abindon in Comitatu Bark euidam Ruchino tunc Abbati monasterij c. quandam ruris sui portionem id est quindecim mansias in loco qui à ruriculis tunc nuncupabatur Culnam cum omnibus vtilitatibus tam in magnis quam in modicis rebus Et quod praedictus Ruchinus 〈◊〉 ab omni Episcopali iure in sempiternum esset quietus vt habitatores â—iuâ— nullius episcopi aut suorum officialium iugo inde deprimantur sed in cunctis rerum euentibus discussionibus causarum abbatis monasterij praedicti decretis subijciantur itae quod c. Thus goeth the Charter which though M. Attorney thought not good to put in English but to set downe both his pages in Latin yet wee shall translate the same for the better vnderstanding of all sortes of Readers K. Kenulfus c. by his letters parents with the Counsell and consent of the Bishops and Councellours of his nation did giue to the monasterie of Abindon in Barkshire and to one Ruchinus Abbot of that monastery a certaine portion of his land to witt fifteen mansians in a place called by the countreymen Culnam with all profittes and commodities both great and small appertaining therevnto And that the foresaid Ruchinus c. should bee quiet from all right of the Bishop for euer so as the inhabitants of that place shall not be depressed for the time to come by the yoke of any Bishop or his officers but that in all euents of thinges and controuersies of causes they shall be subiect to the decree of the Abbot of the said monasterie so as c. 4. Thus goeth the Charter which if it were all graunted by vs as it lyeth yet is it far of as you see from inferring M. Attorneys conclusion that K. Kenulfus was head of the Church or had supreame power Ecclesiasticall It might make it probable that hee had some Iurisdiction in some particular case but what or how much that was or whence hee had it either of himself or by delegation of another to wit of the Popes or Cleargie that is not euident by the Charter But let vs see what M. Attorney can make of these words for that lawyers commonly can make the most of matters to their aduauntage First he will needs inforce out of his Charter that this K. Kenulfus tooke vpon him Ecclesiasticall Iurisdiction for thus hee writeth By this it appeareth that the King by this Charter made in Parlament for it appeareth to be made by the Councell and consent of his Bishops and Senatours of his kingdome which were assembled in Parlament did discharge and exempt the said Abbot from the Iurisdiction of the Bishop c. And by the same Charter did graunt to the same Abbot Ecclesiasticall Iurisdiction vvithin his said Abbey VVhich Ecclesiasticall Iurisdiction being deriued from the Crowne continued vntill the dissolution of the said Abbey in the raigne of K. Henry the 8. So hee 5. In which words three things are affirmed by him wherof I hould neuer a one to be
which is the very decision of our Question For that by these phrases clauses is signified as in the Canon-law and particulerly throughout the sixt booke of Decretals may be sene is properly meant that the Church and Clergie is free from all iurisdiction of temporall Princes except only in Ciuill matters and that their goods and persons are exempted from Princes secular Courtes that they are immediatly vnder their Prelates and they againe vnder the Sea Apostolike vnto which may lawfully be made appeales when iust occasion is offered that no lay iudge may sitt in iudgement vpon them or giue sentence ouer them or lay hand vpon their persons or goods but referre them to their owne Ecclesiastical Emperours other such points as may be seen in the Canon-law in the places before cited And you haue heard before in the second Chapter of this booke how conforme all these things are to Gods law and how willingly they were embraced approued and allowed by the first Christian Emperour Constantine and his Successours and by all Christian Catholike Princes since that tyme throughout the world but especially and aboue others in comparison by our English Kings before the Conquest and after also as in their dew places shal be shewed 6. And so when the forenamed Kings Edgar Edward in their very first law doe sett downe and determine as Fox also confesseth that the Kings office is to keepe cherishe mainteyne and gouerne the Church within his Kingdome which worde gouerne I haue shewed before to be wrongfully put in out of his due place and to apperteyne only to the gouernement of the Common-wealth with all integrity liberty according to the constitution of all their Auncestors and predecessours and to defend the same against all enemyes c. they doe in all this but approue and second the Popes Canon-lawes decrees therof for the preheminence of the Clergie and therby they doe directly ouerthrowe M. Attorneys proposition so doe all the Kings in like manner after the Conquest who following this example doe euer in the beginning of their lawes renew and confirme this lawe of King Edward for the libertyes and priuiledges of the Church and Church men As first the Conquerour himself as afterwarde in the next Chapter more largely shall appeare when we come to speake of him in particular whose lawes are sett downe by Houaden and others and are as effectuall for the Church as could be deuised after him to omitt K. Iohn and others Henry the third who was the chief founder of our present later Common-lawes and author of the Great Charter His first law likewise is for the foresaid liberties of holy Church in these wordes VVe haue graunted to God and by this our present Charter haue confirmed for vs and our heyres for euermore that the Church of England shal be free and haue all her rights wholie and her liberties inuiolated c. 7. This Charter of K. Henry did Edward the first his sonne publishe and confirme after him as appeareth by his owne preface prefixed before the said Magna charta And Edward the second that ensued after him not only ratifyed the same but added other Statutes also called Articuli Cleri in fauour of the same Clergie And in K. Edward the third his tyme I finde the same Charter confirmed and ratifyed by diuers and seuerall Statutes as namely in the first second fourth fifth and fourtenth yeare of his raigne and the like in the first sixt seuenth eight nynth yeare of K. Richard the second and in the first second fourth seauenth nynth and thirtenth yeare of K. Henry the 4. and in the third and fourth of K. Henry the 5. and in the sixt of K. Henry the sixt c. 8. And herby now though we goe no lower may the indifferent Reader see how vayne M. Attorneys vaunt was and is that he would proue and demonstrate by the auncient lawes of our Realme that Q. Elizabeth had supreme iurisdiction Ecclesiasticall by vertue of her Crowne And yet hitherto hath he alleadged no one lawe at all within the compasse of nyne hundred yeares togeather but only certaine impertinent scraps and raggs nothing making to the purpose nor worthy the gathering vp as after when we come to examine them will appeare And we on the contrary syde haue so many so auncient and so authenticall lawes as you haue heard and afterwardes shall be more particulerly declared for proofe of the opposite proposition iâ— his that all spirituall iurisdiction was only in Ecclesiasticall persons both bâ—sore and after the Conquest vntill K. Henry the 8. his dayes And thus much of this first demonstration concerning lawes The second Demonstration 9. The second demonstration is deduced from an other consideration not inferiour to the former which is that when â— Ethelbert of Kent for example was sirst of all other Kings conuerted to Christian faith by S. Augustine the Monke sent from Pope Gregorie the first to that effect vpon the yeare of Christ 600. and that by this occasion a new Ecclesiasticall Common-wealth was to be instituted and erected within his dominion concerning matters depending of Religion farre different from that which passed in his Realme before when he was a Pagan as namely to omitt matters of doctrine and meere spirituall gouernment concerning marriages legitimation of children burying paying of tythes iurisdiction of Bishops and priests the like that might seeme in some sorte to be mixt and concerne also the Common-wealth to whome was the recourse made sor direction counsaile and ordinance in these affaires to K. Ethelbert think you or to S. Gregorie the Pope no man will say I think to K. Ethelbert for that he was yet but a nouice in Christian religion though as capable of spirituall iurisdiction by his Crowne as either Q. Elizabeth being a woman or K. Edward the sixt a child of nyne yeares old when he was proclaimed Head of the Church of England as well in spirituall as temporall affaires 10. But in our case vnder K. Ethelbert we reade both in S. Bede and S. Gregory himself that in all Ecclesiasticall matters recourse was made to the said S. Gregory as hauing supreme authority in these affayres and therfore the said King was no sooner conuerted S. Augustine made Archbishop but the said Archbishop according to his office sent two messengers to Rome Laurentius a priest and Petrus a Monke to aske counsaile and direction in diuers cases as namely about the distribution of oblations at the aultar diuersitye of customes obserued in diuers contreys in saying Masse about punishing of sacriledge in such as steale from Churches about degrees of kinred or propinquity to be obserued in marriages about ordination of Bishops how he should proceed with the Bishops of France and Britany about baptizing women with child and churching â—hem after their child-birth and the like 11. To all which questions S. Gregory answereth
as in the precedent demonstration you haue heard yet in Ecclesiasticall and Church-matters they had all one and the self same lawes though they were different Kings and enemyes for the most part one to the other liuing in continâ—all warrs for the suspition the one had that the other would encroache vpon him And yet shall you neuer reade that any of them did goe about to punish a Priest or Clergie man for bringing in any Ecclesiasticall ordinance function or order from his enemyes countreyes which is an euident argument that all was one in Ecclesiasticall matters and consequently that these lawâ—â— and ordinances did not proceed from any of the Kings authority in their particular Kingdomes for then would not the other haue receaued the same but from one generall body and head which is the Church and vniuersall gouernour therof 17. To all which may be added this consideration of one Metropolitan the Archbishop of Canterbury who had the spirituall iurisdiction ouer the far greatest part of all these English Kingâ— Dominions wherof diuers were enemyes in temporall mattâ—â—â— to the King of Kent in whose territoryes his Bishopricke and Residence was yet did no one of all these other Kings except against this his spirituall authority ecclesiasticall iurisdiction in matters belonging to Religion which doth euidently demonstrate that this Ecclesiasticall power of the said Archbishop was a different thing from the temporall of these Princes and placed in a different person and that all these Kings were one in acknowledgemeÌ„t of obedience vnto this spirituall iurisdiction though in other things ech man had his temporall power and State a part But if these powers were combyned togeather in the person of the Prince and annexed to his Crowne and Scepter as M. Attorney doth pretend then would ech of them haue had a seuerall Metropolitan vnder him independent the one of the other which we see was neuer attempted but all acknowledged the said Archbishop of Canterbury or the other of Yorke in their districts acâ—ording to the power and limitations giuen them by the Bishop of Rome as already hath byn declared And though much more might be said in this point and many particularities alleadged which for breuities sake I omitt yet this already said will suffice to shew the force of this argument 18. One thing only I may not let passe to aduertise the reader of which is a certaine wyly slight deuised by M. Attorney to decline the force and euidence of this proofe saying that albeit those Ecclesiasticall lawes were taken from others yet being allowed and approued by the temporall prince they are now his lawes But this shift is refuted by that which already we haue sett downe before For if one the self-same Ecclesiasticall law receaued by seauen Kings and Kingdomes ioyntly within our land shal be said to be ech Kings proper lawes for that they are approued and receaued by him his realme then shall one and the self-same law haue seauen authors yea more then seauenty for that so many Kingdomes and States as through-out Christendome shall receaue the same Ecclesiasticall and Canon-law for example made and promulgated by the generall Pastor therof ech particuler Prince I say admitting the same as he is bound to doe if he be truly Catholike shal therby be said to be the particular author therof which is no lesse ridiculous then if a man should say that euery prouince in France admitting a law made by the King in Paris should be the seuerall makers of that law But for that I shall haue occasion perhaps to handle this point more at large afterward I shall say no more now but passe to another Demonstration The third Demonstration 19. The third Demonstration consisteth in this that in all the tyme of our Christian Kings before the Conquest being aboue an hundred in number in the space of almost fiue hundred yeares as before hath byn said all doubts or difficulties of greatest importance that fell out about Ecclesiasticall busines or meÌ„ all weighty consultations and recourse for remedy of iustice and decisions in Ecclesiasticall causes of most moment were not made to the Kings of our Realme nor to their Tribunalls but to the Bishops of Rome for the tyme being as lawfull iudges therof both by the subiects and Princes themselues and consequently those Princes did not hold themselues to be heads of their Churches nor did thinke that they had supreme Ecclesiasticall iurisdiction deriued from their Crownes And this point is so euident in 〈◊〉 the course of our ancient English histories so aboundant to amples doe euery-where offer themselues to this effect as a whole booke might be made of this point only But I shal be myndfull of breuity and out of many and almost infinite examples name a few obseruing also some order of tyme therin 20. We haue said somwhat before in the next precedent demonstration of the beginning of spirituall Iurisdiction exercise therof in England by S. Augustine our first Archbishop vnder Gregory the Pope both of them our Apostles who did exercise and put in vre spirituall iurisdiction ouer all the Church of England without reference to K. Ethelbert though he were a Christian and a very good Christian King And when the sayd S. Augustine dyed he remitted not the matter to the said King to appoint an Archbishop after him but by concession of the Sea Apostolike did nominate two that should succeed him in order Laurentius and Mellitus vpon the yeare of Christ 604. as S. Bede doth testifie And some six yeres after that againe the said Mellitus being Bishop of London and hauing begun to buyld a certaine Monasterie at the west part of that Citty called afterward VVestminster intending to make it a Seminary of Bishops and Clergie-men for the spirituall help of the whole realme he esteâ—med it of such importance as for that and other such Ecclesiasticall affaires he went to Rome to take direction therin from Pope Boniface the 4. who thervpon called a Synod togeather in Rome de necessarys Ecclesiae Anglorum causis ordinaturus saith Bede to ordeine what was conuenient about the necessary occasions of the English Church And that Mellitus had his seat and place also as Bishop of London in that Synod To the end saith he that he retourning into Britany should carry the ordinations of this Synod to be obserued by the Church os England and Clergie therof And further he addeth that â—â—nisacius the Pope wrote letters by the said Mellitus as well to Lauâ—ence then Archbishop of Canterbury as to Ethelbert their King and to the whole nation of English-men though now the said leâ—ters be not extant yet herby it is euident what authoritie they acknowledged in those daies to be in the Bishop and Sea of Roâ—â— about English affaires and that neither King Ethelbert of Kenâ— nor King Sebert of London and Essex being both Christian princes did repyne therat as
Catholike that were repugnant or contrary to the Canonicall lawes of the vniuersall Church and Sea of Rome in those ages wherof againe ensueth that M. Attorney that telleth vs so often of the ancient and most ancient CoÌ„mon-lawes of England cannot presume to haue any law for him and his assertion within this compasse of 466. yeres before the Conquest for that those that should make or leaue vnto vs these lawes were all of a contrary iudgement and religion vnto him in the very point which he treateth of spiritual Iurisdiction As for example 63. There raigned in Kent in the first age of our primitiue Church successiuely these Kings to witt Ethelbert Eadbald Ircombert Egbert Lotharius Edrycus and VVithredus and their Archbishops of Canterbury by whome they gouerned themselues in spirituall matters were Augustine Laurence Mellitus Iustus Homrius Deusdedit Theodorus and Britwaldus And in London Mellitus Ceddus VVyna Erkenwald VValdherus and Ingualdus And in the sea of Rochester Iustus Romanus Paulinus Thamarus Damianus Putta Qâ—â—chelmus Germundus and Tobias All these kings with all these Bishops were of one and the self same religion and of one iudgement and sense in Ecclesiasticall matters and so were all the rest of the Christian Kings togeather with their Bishopps in other Kingdomes of the land And the like I might shew throughout all the other foure ages that ensue after this first before the Conquest And how then is it possible that these Princes with these Bishops and Counsaylours and with their people conforme to them in the same religion should make or admit lawes contrary to the common sense of the Catholike vniuersall Church in those daies concerning Ecclesiasticall Iurisdiction And this is a demonstration which morally conuinceth and cannot by any reasonable man be denyed Whervnto I may adioyne that if they had made any such law coÌ„trary to the common sense of the generall Church in Church-matters they would haue byn noted and reprehended for it or at leastwise some memory would haue byn left therof by historiographers tradition register or some other monument which is not found nor euer will be And this shal be sufficient for this demonstration wherby occasion is giuen to the ingenious reader to prosecute the same and discourse further of himself and to consider how metaphysicall an imagination that of M. Attorney is of auncient lawes made in the ayre and no where extant contrary to the sense and iudgement both of Prince and people in those tymes The seuenth Demonstration 64. An other Demonstration not much vnlike vnto this may be taken from the view of externall Kingdomes in this tyme before our English Conquest to wit what they taught what they beleeued and what they practized in this point concerning Ecclesiasticall Iurisdiction whether they deriued it or acknowledged the same in or from their temporall Kings or from their Bishops and Sea Apostolike of Rome For if they did the later then is it most certaine that all the Kings Kingdomes and people of England did the like for that otherwise they should haue byn noted and taxed as hath byn said for some discrepance diuision disagreement sedition schisme or singularity in this behalfe which is not read of Nor can M. Attorney or any Attorney else whomesoeuer he can take vnto him for his helpe in this matter euer shew me any one word of auncient testimony for proofe therof and thervpon may we confidently conclude that there was neuer any such thing 65. But now what was the doctrine vse and practise of all the rest of Christendome besides concerning Ecclesiasticall Iurisdiction deriued from the Sea Apostolike of Rome as the head fountaine therof throughout all this tyme wherof we speake before our Conquest it shall be inough to cast our eyes only vpon the vniuersality of all writers in those dayes whose volumes are full of narrations apperteyning to this effect as namely of Bishops made throughout all Kingdomes by ordinaunce and authority of the Bishop of Rome Of Churches Abbyes Monasteryes Hospitalls confirmed and priuiledged by the said authority Of Kings and Emperours also annoynted by them and their authority for the spirituall temporall good of Christendome And in this very tyme wherof we talke happened the mutation of the Kingdome of France from Chilpericus to Pipinus and Charles his sonne and of the Roman Empire from the Grecians vnto the said Charles of the said Empire from the French to the Germanes by the authority of the Pope of Rome and infinite other publike testimonyes of supreme spirituall iurisdiction exercised 〈◊〉 where by that Sea with the approbation of all the worlde And no one example can be alleadged of any such power or iurisdiction pretended or exercised by any Prince temporall whatsoeuer throughout all the Christian world in this tyme by vs prescribed 66. And for so much as by this argument we presume that our English Kings and Princes ran vnitedly in all points of religion with others abroade for that they were neuer noted of any difference or opposition as hath byn said it followeth by good deduction and inference that no such Common-law as M. Attorney imagineth could haue place among them deriuing spirituall and Ecclesiastical iurisdiction from the right of Princes temporall Crownes and excluding that of the Sea Apostolike For in case that any such law had byn made it would haue byn extant either by writing or tradition and if it had byn Common as often here it is called it would haue byn knowne by some one at least besides M. Attorney for that community importeth participation with many how then could there be any such Common-lawes in those dayes which no man knew no man recorded no man euer thought or dreamed of as by all circumstances of those tymes and men and state of things may be presumed And if any such thing had byn deuised in those dayes it must needs haue byn reiected and impugned as singular schismaticall or hereticall for that it would haue byn contrary and contradictory to the common sense iudgement whole current of that time And let this suffice for this consideration The eight Demonstration 67. The eight Demonstration in this matter may be the extraordinary deuotion of our auncient Kings before the Conquest towardes the Sea of Rome in making their Kingdomes tributary thervnto euen in temporall things also which is a signe that they meant not to deny vnto that Sea her spirituall iurisdiction which from the beginning had byn exercised by the same in our countrey seeing voluntarily likewise they gaue her teÌ„porall iurisdiction in gathering and axacting this tribute of euery house throughout the Realme which beginning from K. Inas as all our Authors doe agree aboue 900. yeres gone hath byn continued euer since vnder the name of Peter-pence for that they were first giuen to S. Peter and to his Successours the Bishops of Rome vntill the later part of K. Henry the eight his raigne euen in the
exercised in her dayes if the statute of the first Parlament had not giuen the same vnto her which had as good authority to giue it her as she to vse the same according to that which you haue seene declared in the former Chapters whereunto we referre our selues for the proofes laid downe The tenth Demonstration 85. And now to drawe to an end and to ioyne issue with M. Attorney in more plaine wordes and assertion my tenth and last demonstration shall be out of two of the most noble wise and famous Kings of our land and Monarches of the same before the Conquest Alfred to wit and Edgar who doe expresly sett downe the contrary proposition to that of M. Attorney about spirituall iurisdiction belonging to Kings and temporall Princes so as where the former demonstrations are but deductions and inferrences though clere and euident as you haue seene this last is a plaine and perspicuous asseueration of two such renowned Kings as were most eminent for wisdome learning religion and valour of all the ranke of those tymes Of King Alfred is recorded this speach of his Germanam genuinam esse Regis dignitatem dictitare solebat si in Regne Christi quae est Ecclesia se non Regem sed ciuem agnosceret si non supra sacerdotum leges se elatè efferres sed legibus Christi per sacerdotes promulgatis submisso se atque humili animo subderet He was wont to say that the true and proper dignity of a King consisted principally in this that in the Kingdome of Christ which is his Church he bare himself not as a King but as a citizen and that he should not arrogantly lift vp himself abouâ— the lawes of Priests but rather with a lowly and humble minde subiect himself to the lawes of Christ promulgated by Priests So he 86. But now touching King Edgar about a hundred yeares after him of whome Florentius Marianus and others doe write these wordes That he was the Monarch of the English world the flower ornament of all his predecessours the peaceable King no lesse memorable to English-men then Romulus to the Romanes Tyrus to the Persians Alexander to the Macedonians Arsaces to the Parthians and Charles the great vnto the French Of this man I say we haue extant a certaine oration of his made in the third yeare of his raigne vnto the Bishops of his land gathered togeather for reformation of the Clergie wherof S. Dunstane Archbishop of Canterbury was the chief and with him was S. Ethelwâ—ld B. of VVincester His oration is somewhat long and beginneth thus Quoniam magnificauit Dominus misericordiam suam facere nobiscum dignum est Patres Reuerendissimi vt innumeris illius beneficijs dignis responde amus operibus Neque enim in gladio nostro c. 87. For so much as our Lord hath exalted his mercy towardes vs it is conuenient most Reuerend Fathers that we endeauour to answere his innumerable benefitts with dew workes on our behalfe for that as the prophet saith we doe not possesse this land by our owne sword nor shall the strength of our arme saue vs but the right hand and holy arme of him that hath vouchsafed to take vs to his fauour And therfore it is iust and right that for so much as he hath subiected all vnder our feete that we subiect our soules vnto him in such sort as that we endeauour to bring them that he hath put vnder vs to be subiect also vnto his lawes and as for me my part is to gouerne lay men by the law of equity to doe iust iudgement betweene euery man and his neighbour to punishe sacrilegious men to represse rebells to take the poore man out of the hand of his stronger and deliuer the needy and impotent from such as oppresse and spoile them It belongeth also to my solicitude to prouide necessaries for Ministers of Gods Churches couents of Monkes cloysters of virgins to procure them peace and quietnes to serue Godâ— But vnto you it apperteyneth to make inquiry examination of their manners if they liue continently if they behaue themselues decently and with edification towards them that be in the world if they be solicitous in seruing God vigilant in teaching the people sober in diet moderate in habit and the like So he 88. And then after a long complaint of many disorders in those dayes crept into diuers of the Clergie the good zealous King hath these words These scandalous things are proclaimed euery where by souldiers muttered by the people sung by players and will you reuerend Fathers neglect dissemble spare them that so offend where is the sword of Leui where the zeale of Simeon where is the spirit of Moyses where the sword of Phinees the Priest Yea where is the spirit and feruour of S. Peter wherby he so dreadfully punished both auarice and heresie follow him follow him ô you Priests tempus faciendi contra eos qui dissipauerunt legem Dei it is high tyme to punish those that haue dissipated the law of God by their euill life Ego Constantini vos Petri gladium habetis in membus iungamus dexteras gladium gladio copulemus I haue the sword of Constantine you the sword of S. Peter in your hands let vs ioyne our forces and couple sword to sword vt eijciantur extra castra leprosi that leaprous and infectious people be cast out of the tents of God c. Thus this noble pious K. pronouÌ„ced in the presence of his Prelates and people with much more which for breuity I doe omitt 89. And now M. Attorney will see heere what accompt these two auncient Kings made of these two powers and swordes spirituall and temporall and of their distinction and subordination the one to the other And it seemeth that this speach of King Edgar was so memorable and famous to all his posterity that VVilliam Conquerour also did imitate the very same when in certaine lawes of his ordeyning that such lay men as were disobedient to the Bishops sentence should be punished by his temporall officers he vseth this phrase of Edgar saying Rex constringit malefactorem vt emendet primùm Episcopo deinde Regi sic erunt ibi duo gladij gladius gladium iâ—uabit The King shall compell the malefactor to make amends first to the Bishop and then to the King and so shall there be two swordes and the one sword shall assist the other Where we see that he did subordinate his owne sword to that of the Bishops and Ecclesiasticall power of the Church And the self same manner of speach and forme of beliefe as common to the whole world did Queene Eleanor wife to King 〈◊〉 the second vse in her epistle to Celestâ—nus the Pope when she â—â— treated him to excommunicate the Emperour and Duke of â—â—stria for deteining her sonne K. Richard the first prisoner which letter was written by Petrus Blesensis
and hath these words Chrisicrux antecellit Caesaris aquilas gladius Petri gladio Constantini Apostolius sedes praeiudicat Imperatoriae potestati The crosse of Christ excelleth the spread-eagles in Cesars banners the sword of Peter is of more eminent power then the sword of Constantine and the Sea Apostolike is more potent then any Imperiall authority And this was the opinion sense and iudgement of these Princes and tymes wherin they made this difference degree of these two swordes without any such preiudice of taking away halfe their Monarchies from themselues or other Princes therby as M. Attorney and other such Prince-flatterers doe pretend The Conclusion vpon the former Demonstrations 90. Now therfore gentle Reader by these ten demonstrations thou hast seene what was the opinion iudgement and practise of all our ancient English Kings before the Conquest about this point of temporall and spirituall power and authority and heare I thinke thou wilt not deny but that my manner of proofe is and hath byn according to the rule of the Fathers touched before in the answere to the preface to wit KATH'HOLON or secundum totum bringing forth the whole body of this tyme that M. Attorneys proofe if it had byn a proofe that is to say if he had proued that which he propounded is secundum partem according to a part he only alleadging two sole petite instances out of all the ranke of aboue an hundred Kings for the space almost of fiue hundred yeares and these two also so weake and impertinent as no waye they can subsist in the sense wherin he alleadgeth them And herwithall in like manner thou mayst pleasâ— to call to remembraunce the auncient obseruation of old Tertullian aboue forteene hundred yeares gone Solemâ— est heretick c. It is a solemne tricke of heretickes by the occasion of some one doubtfull sentence or clause to wrest matters contra exercitum sententiarum against a whole army of sentences to the contrary And S. Cyprian in the next age after him noteth the like audacity of hereticke of his tyme that would take a part and leaue out a part and preferre some peece or parch before the whole And whether M. Attorney doe not follow the same spirit heere in peeping forth with two little miserable mistaken instances out of so great an army of plaine testimonyes to the contrary you haue already seene and out of your wisdome will easily iudge The like or worse dealing will you find afterward when we shall haue passed the Conquest whervnto now we hasten and for the euent I remit my self to the experience OF THE KINGS AFTER THE CONQVEST VNTO OVR TYMES And first of the Conquerour himself whether he tooke spirituall iurisdiction vpon him or no by vertue of his Crowne and temporall authority CHAP. VII HAVING pervsed what passed among our Kings before the Conquest to which pervse veiw we were led by M. Attorneys induction of two instances of those dayes as you haue seen we are now to follow him also beneath the said Conquest for tryall of our controversie where albeit as before I haue noted the further wee goe from the origen of our English conuersion and heate of that primitiue spirit of deuotion that God gaue our Kings in those first ages of their said conuersion to Christian religion the more coldnes we shall find in some cases and more worldly and secular spirit in diuers of our Norman and French Princes then waâ—â— the English before them yet for the substance of this point of controuersie between M. Attorney and mee about the acknowledgement of the Popes authority Ecclesiasticall we shall find them in effect no lesse resolute then the other if you respect the substance of the thing it self though in tendernesse of piety and deuotion their different liues and courses as after you shall se be witnesses vnto vs of no small difference 2. And this is seen in none more then in K. VVilliam the first himself the head stocke of al the rest who though in life action as a warryer and Conqueror were rough fierce boysterous especially in the former years of his raigne ouer EnglaÌ„d wherin vpoÌ„ ielosy of his vnsetled state he did many things de facto which were not so iustifiable de Iure for which Authors doe note that he was greatly punished by God both in himself in his children and childrens children yet in this point of true substantiall obedience to the Church when he was void of passion and out of occasion of any coÌ„straining necessity he all-wayes shewed himself dutifull respectiue humble towards the said Church according to his Oath taken at his Coronation before the Altar of S. Peter at VVestminster se velle Sanctas Dei Ecclesias ac rectores defendere saith Florentius that he would defend the holy Churches of God and the gouernours therof which to haue perfourmed he professed also at his death with teares as Iohn Stow more auncient writers then he doe beare him witnes some are of opinion that the long continuance of his line in the Crowne of England considering how he entered how some of them haue gouerned after him may principally be ascribed vnto this that he would not take in hand the enterprice of England but that first it should be consulted and approued by the Sea Apostolike at at Rome as presently you shall heare that it was and for that himself so firmely relied vpon the same afterward in all his greatest occasions and recommended the same especially to his sonnes on his death-bed when he was free from these interests which oftentimes before drew and wrested him to diuers actions which in that last houre he approued not but condemned and much bewayled 3. And of this later point many examples might be alleadged both of much bloudshed in England of spoiling and destroying the countrey of casting downe many townes and Churches for enlarging his hunting of vexing and oppressing the English-nation of ryfling and spoyling monasteryes and Churches where the English had hidden some of their wealth to maintaine themselues withall his detayning in prison all dayes of his life the Archbishop Stigand and diuers other Bishops and Abbots deposed in the Councell at VVinchester by Pope Alexander his legats in the fourth yeare of his raigne and of his brother Otho Bishop of Baion held in prison by him albeit this concerning Ecclesiasticall persons he professed to doe by licence and commission of the Sea Apostolike yet in truth the cheife cause was his owne vehement passion and ielousie of his temporall estate For I find a letter of Pope Gregory the seauenth that succeeded Alexander the second written vnto him vpon the yeare of Christ 1084. which was the 18. of K. VVilliams raigne wherin the said Pope though praising his religious zeale in other things which he would neuer haue done if he had byn opposite to his authority and iurisdiction yet doth he reprehend
office for that saith Florentius from the time he was made Archbishop which was no lesse then two years it was not permitted vnto him either to hold any Synod or to correct the vices which were sprung vp through England Wherevnto Malmesbury and Edmerus that 〈◊〉 with him doe add that the King would not suffer him to goe to Rome to take his pall of the Pope as all Archbishops of Canterbury were accustomed to doe and the other greatly vrged to haue licence But after a long combat which he had had with the King diuers other Bishops that followed the Kings fauour in a Synod at London vpō the third weeke in lent Anno Domini 1095. and eight yeare of King VVilliam his raigne the said Archbishop being extreamly baited by the King his followers stood constant in his appeale to Rome 4. Which thing Rufus perceiuing saith Malmesbury he sent secretly certaine messengers to Rome to intreat the Pope which then was Vrban the second to send the Pall of Canterbury vnto the King to be giuen to whom he would Whervnto though the Pope would not yeeld yet he sent back with his messengers for Legate the Bishop of Albanum named VValta with the said Pall who shewed vnto the King so many reasons why the Pope could not yeeld to his demaund and intreated him so forceably to be content that he might giue the said Pall from the Pope to Anselme with accustomed ceremonyes in the Church of Canterbury as at length he obteyned the same and made them freinds 5. But this frendship lasted not longe for that the very next yeare after the King continued his old manner of oppressing the Church S. Anselme went vnto him to VVinchester and there first by intercessors desired the King that he might haue licence to goe to Rome to conferr diuers difficultyes of his with Vrban the Pope The King answered that he would not giue him licence for that he knew him to haue no such great sinnes that it was needfull for him to goe to Rome for absolution nor yet to be lesse learned then Pope Vrban whose counsaile direction he would aske Whervpon the Archbishop entring the Kings chamber sate downe by his side saith the Story and disputed the matter with him affirming him to deny Christ himself that denyed recourse vnto his Vicar vpon earth And thervpon he concluded that this licence could not be denyed him by a Christian King and consequently he would goe The King said he should carry out nothing with him The Archbishop answered he would goe naked and bare-foote Which firme resolution the King perceiuing to be in him vsed by messengers vnto him diuers intreatyes saith VValsingham and offered large promises of fauours if he would stay But the other would not but departed the Realme though he were searched and rifled by the Kings Officers at the port 6. By all which story it most euidently appeareth that albeit this young disorderly and passionate King were as well in this as in other matters headstronge and violent in pursuing his appetites desires as well in Ecclesiasticall as Temporall affaires yet did he neuer deny the Popes spirituall iurisdiction in England but rather acknowledged the same in sending to Rome to intreat that the pall might be sent to him as also in going about to diuert S. Anselms recourse thither But alas there passed not many years but God punished seuerely these greiuous sinnes against his Church For as both the foresaid Malmesbury Edmerus that liued with him doe write S. Anselms going to Rome frō thence with Pope Vrban to a Councell of Bishops gathered togeather at Bary in Apulia wherin among other things all lay-men were excommunicated that presumed to giue Ecclesiasticall Inuestitures as also those that receiued them at lay-mens hands which was thought principally to haue byn done in respect of King VVilliam he returned againe some years after into France and there passing his banishment with great quietnes of mind he being one day with S. Hugh Abbot of Cluniaecke famous in those dayes for holines the said Abbot told him in the hearing of diuers others that the night before he had seen King VVilliam called before God and receiued the sorrowfull sentence of damnation wherat all the hearers marueyling the next newes they heard from England was that the said King was strangely slaine by an erring arrow of his familiar seruant Tyrrell while he hunted in the New-forrest and that being stroken he fell downe dead without speaking any one word And the same authors doe recount diuers other the like presages and prognostications that happened as well to the King himself as to other friends of his in England portending this euent but neglected by him 7. And this shall suffice for King VVilliam Rufus who raigned thirteen years And though he was naught to all kind of men saith Malmesbury and pernicious in his actions as well to secular as Clergy men yet had he no other iudgement in matters of religion then his father or auncestors nor euer was he noted of any least difference therin Nor doth Maister Attorney bring any instance at all out of this Kings Raigne and therfore shall wee passe to his younger brother that ensued him in the Kingdome OF KING HENRY THE FIRST VVhich was the third King after the Conquest §. I. 8. This was the third sonne of VVilliam the great surnamed the Conquerour who finding the commodity by absence of his eldest brother Robert Duke of Normandy tooke the Kingdome of England vpon him hauing gained by faire promises the good-wills of all or most of the Realme and so was crowned by Maurice Bishop of London for that S. Anselm Archbishop of Canterbury was yet in exile as before vnder Rufus you haue heard 9. What the said Henry did sweare and promise and what he began euen from the very day of his Coronation to put in practice Florentius that then liued declareth in these words Consecrationis suae die Sanctam Dei Ecclesiam c. From the very day of his consecration he set free the holy Church of God which in his brothers dayes had byn sold and let to farme he tooke away all euill customes and remoued all vniust exactions wherby the Kingdome had byn wrongfully oppressed before commaunded that peace and freedome should be holden throughout the whole Realme He restored the law of S. Edward to all men in common with those additions or corrections which his Father had added thervnto c. So Florentius And what his Fathers additions were and how greatly in fauour of the Church and of Ecclesiasticall power authority and libertyes you haue heard before in his life and lawes Wherby we may easily ghesse with what mind and iudgement this man entered vnto his crowne 10. And albeit in this point he neuer altered yet there passed not two years of his gouernment but partely vpon Kingly appetite to haue power in all things and
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
against all Clergy-men as he seased 〈◊〉 most parte of their goods throughout all England And 〈◊〉 Pope Innocentius wrote diuers letters to pacifie him 〈…〉 angerly to him againe Affirmaeâ—s saith our 〈…〉 electione simul promotione Nâ—rvicensis Episcopi 〈…〉 reuocari Affirming that he could not be 〈…〉 〈◊〉 and promotion of the Bishop of Norwich whome he vnderstand to be profitable vnto him Quod pro libertatibus Corona sua â—â—abit 〈◊〉 fuerit vsque ad mortem That he would stand if need should be for the libertyes of his Crowne euen vnto death Et si de prae 〈◊〉 fuerit exaâ—ditus omnibus Romaâ—â— petentibus maris semitas angu 〈◊〉 That if he may not be heard in the premisses he threatned to â—â—â—iten the passage of sea to all them that would goe to 〈◊〉 So he 58. In all which we see notwithstanding his great displeasure taken he doth not deny the Popes authority spirituall nor ascri 〈◊〉 the Supremacy therof vnto himself but only standeth vpon the libertyes of his Crowne which was as there he signifieth that the Archbishop of Canterbury should not be chosen without his consent or liâ—â—ing though the election therof he tooke not to himself but left it free to the said monkes to whome from the very beginning of Christianity in England the said election appertained And truly many godly and wise men at that time did wiâ—h that Pope Innocentius had not stood so hard with K. Iohn in 〈◊〉 point as this was for contending him with a person gratefull vnto him in that Archbishopricke For from this disgust proceeded all the disorders and miseries that afterward ensued as namely the Kings raging against all the Clergie the particulars wherof are strange and lamentable the interdict of the whole Realme that lasted for fiue or six years without celebrating of deuine seruice in the Churches and finally the excommunication of the King himself and other infinite troubles therof ensuring the said King so raging on the otherside for diuers years togeather as he seemeth not to be well himselfe specially after he saw his Nephew Otho to be depriued also of the Imperiall Crowne by the said Innocentius 59. Many strange acts are recounted of K. Iohn in this time as for example that he sent from time to time to all noble men and gentlemen whom he any wayes suspected to be offended with him commaunding them to giue him for pledges their sonnes or daughters or next of lâ—yn And for that the wife of one VVilâ—â—â—â— Erause Barâ—â— cast out a word that she doubted least her children might be vsed by Duke Geffreys children were to wit 〈…〉 his 〈◊〉 the King sent to apprehend them all and they 〈…〉 he 〈◊〉 them so hardly as he tooke 〈…〉 and caused them to be starued to death in VVindesâ—r castle And the same author of â—â—â—â—ris who liued at that time writeth the Kings fury to h◠〈◊〉 great to commit such horrible acts of cruelty vt 〈…〉 extuteret Tyrannorum That it would make euen Tyrants to 〈◊〉 he addeth further Mukâ—rum nobiliam vxores sâ—tiâ— apprâ—â—â—â—◠〈◊〉 did oppresse and vse violence not only to the lands good◠〈◊〉 honours of noble men but to their wiues and daughter 〈◊〉 He telleth further that being one day at Nottingham and 〈…〉 that the Welch-men began to styr he coÌ„maunded to be brought forth 28. faire young children which he had for pledges of the cheifest nobility of that nation and all to be hanged togeather vpon one gallowes in the yeare 1212. 60. He caused in like manner all the Iewes through 〈◊〉 glaud both men women and children to be taken and â—â—â—â—â—ted to know where there money vvas vvho commonly 〈…〉 the violence of the said tortures gaue him all that they had and more too And when in Bristow they had tortured one by 〈◊〉 sortes of torture the King gaue this sentence vpon him that eâ—ery day he should haue one of his teeth pulled out with the 〈◊〉 test despite and torment that might be vntill he had paid 〈◊〉 ten thousand markes of money and when the Iew had 〈◊〉 seauen teeth to be so pulled out in seauen sundry dayes 〈◊〉 to auoyd the torment of the eight tooth bound himself to pay the ten thousand markes 61. The same author relateth in like manner that the said King meeting one day a company of men which were the 〈◊〉 officers that led bound a murderer towards prison that had robbed and slaine a Priest vpon the high way said vnto them It is no matter he hath killed an enemy of mine let him goâ—â—â—â— and so they did And at another time being at Oxford and â—â—â—ring that a certaine Clarke by meere chaunce had 〈◊〉 woman to death and thervpon fled and the Iustice hauing 〈◊〉 three other Clarkes whom they found dwelling in the 〈◊〉 house though vtterly guyltlesse of the faâ—â— the King comâ—â—â—â—ded them all three to be hanged And moâ—â—ouer when the â—â—â—â—dome was put vnder interdict Rex quasi in fâ—riam vâ—â—sus saith 〈◊〉 author in verba blasphemia prâ—â—upit iuraâ—per 〈…〉 〈◊〉 King being turned as it were into fury did 〈…〉 blasphemous words swearing by the teeth of God◠〈…〉 â—â—â—soeuer he should find any Romanes in any of his landâ— he 〈◊〉 〈…〉 to Rome with their eyes pulled out and nosthrels 〈…〉 He spake also words as though he beleiued not the resurrection of the next life So 〈◊〉 our Author 62. But aboue all fury and wickednes was that resolution which he tooke soone after to wit vpon the yeare 1213. when he sent Syr Thomas Hâ—â—thington and Syr Raph Nicholson Knights and Syr Râ—â—â—rt of London Priest for his Embassadours to the great Maâ—â—â—â—â—â— King of Africke Morocco and Spaine named Miramumilinus offering to be of his religion and to make his Kingdome tributary vnto him and to be his vassall hold it of him if he would 〈◊〉 with an army by sea to assist him But when the said Maâ—â—â—â—â—tan great Prince being a very wise man informing himself of the particularâ— of his person state showed contempt therof 〈◊〉 also of his offer as our Author that spake with one of the Ambassadours setteth downe at large K. Iohn tooke another resolution and passed to the quite contrary extreame resoluing not only to obey the Pope in spirituall iurisdiction but in temporall also and to make his Kingdome tributary and feudatory to the Sea of Rome by payment of a thousand markes euery yeare ther vnto which he bound himself and his heirs to doe vnder a 〈◊〉 large Charter sealed with the great seale of England in gold sending the same to Rome to Pope Innocentius vpoÌ„ the yeare 1214. 63. And by this and other such tokens of his heartie conuersion and sorrow for thinges past he so gained the said Pope that suruiued him as he had him his most earnest defendour all daies of his life after both aginst the King of France his
iudge of such possessions as depend of legitimation we commaund your brotherhoods that leauing the iudgment of the said possessions to the King and his Courts you examine onlie the principall cause concerning the loialtie of the marriage it self and determine the same 43. Heerby then wee see first that M. Attorney alleadging this instance hath alleadged nothing at all against vs or for himself For that when the Earls and Barons refused to change the laws of England concerning inheritance vpon legitimation they said no more then is allowed them by the Canon-law it self as you haue heard And how will M. Attorney inferre of this that K. Henry the third held himself to haue supreme authority ecclesiasticall for that this must be his conclusion out of his instance or els he saith nothing 44. And it shall not be amisse to note by the way how these men doe vse to ouer-lash in their asseueratioÌ„s to help their feeble cause thereby By the auncient Canons and Decrees of the Church of Rome saith he the issue borne before solemnization of marriage is as lawfull and inheritable marriage following as the issue borne after marriage But this is not sincerely related For the Canon-law as you haue heard putteth diuers restrictions both in the persons to be legitimated and in the ends and effects whervnto they are legitimated as also concerning the Countries Kingdomes wherin they are legitimated Of all which variety of circumstances and considerations M. Attorney saying nothing his intention therin may easily be ghessed at And so much for this matter OF THE LIVES AND RAIGNES OF KING EDVVARD The first and second Father and sonne And what arguments M. Attorney draweth from them towards the prouing of his purpose CHAP. XI HAVING now come downe by orderly descent of seauen hundred yeares more of the raignes of our Christian English Kings shewed them all to haue byn of one and the self same Catholicke Roman religion comforme also in the point of this our controuersie about the acknowledgement and practise of the spirituall power and authoritie of the Sea Apostolicke in England concerning ecclesiasticall affaires And hauing declared the same so largely as you haue heard in three Henries since the Conquest of famous memory and authoritie aboue the rest and the last of them author also and parent of all Statute-law in our Realme we are to examine now in order three Edwardes lineally succeeding the one to the other and all three proceeding from this last named Henry Vnder which Edwardes and their ofspring M. Attorney preteÌ„deth more restraint to haue byn made in some points of the Popes externall iurisdiction then vnder former Kings which though it be graunted vpon some such occasions as after shal be shewed yet will you fynd the matter far shorte of that conclusion which he pretendeth to maintayne that hereby they tooke vpon them spirituall soueraingty in causes Ecclesiasticall You shall see it by the triall OF KING EDVVARD THE FIRST VVhich vvas the nynth King after the Conquest §. I. 2. When King Henry the third dyed his eldest sonne Prince Edward was occupied in the wars of the Holy land being then of the age of thirty three yeares who hearing of his Fathers death retourned presently homeward and passing by the Citty of Rome found there newly made Pope Gregory the tenth called before Theobald with whome in tymes past he had familiarly byn acquainted whiles he was Legate for his predecessor Vrbane the fourth in the said warrs of the Holy-land who receaued him with all honour and loue and graunted vnto him saith Stow the tenth of all Ecclesiasticall benefices in England as well temporall as spirituall for one yeare the like to his brother Edmund for an other in recompence of their expences made in the Holy-land Whervpon when the next yeare after the said Gregory called a generall Councell at Lions in France which was the second held in that place of aboue fiue hundred Bishops and a thousand other Prelates King Edward sent also a most honourable embassage thither both of Bishops and Noble-men 3. This King Edward beginning his raigne in the yeare of Christ 1272. continued the same for almost 35. yeares with variable euents For as he was a tall and goodly Prince in person high in stature and thereof surnamed Long-shanke so was he in mynd also no lesse war-like haughty earnest and much giuen to haue his owne will by any meanes whatsoeuer when once he set himself theron though yet when he was in calme out of passion he shewed himself a most religious and pious Prince 4. Of the later may be example among other things his speciall deuotion to the Blessed Virgin mother of our Sauiour which both Mathew VVestminster and VValsingham doe recount from the very beginning of his raigne doe coÌ„tinue the same throughout his life by occasion of many strange and miraculous 〈◊〉 from imminent dangers which himself ascribed to the said dâ—uotion and to our Blessed Ladies speciall protection Wherevnto may be referred in like maÌ„ner the piety of the said King shewed in diuers other occasions As first of all when in the first yeare of his raigne he voluntarily set forth published and confirmed the Great Charter made by his Father in fauour of the Church saying as in the said Charter is to be read Pro salute animae nostrae animarum antecessorum successorum nostroruus Regum Angliae ad exaltationem Sanctae Ecclesiae emendationem Regni nostri spontanea bona reluntate nostra dedimus concessinius c. We haue giuen and graunted freely of our owne good will this Charter for the health of our soule and of the soules as well of our predecessours as successours Kings of England to the exaltation of holy Church and amendment of our Kidgdome c. 5. And the like piety he shewed in many other occasions in like manner as namely when he being in his iourney with a great army towards Scotland and his wife Q. Eleanor daughter to King Ferdinand the third of Spaine surnamed the Saint a most vertuous religious Lady falling sicke dying neere the borders therof he leauing his course retourned backe with her dead body to London Cunctis diebus vitae suae eam plangebat saith Walsingham Iesum benignum iugis precibus pro ea interpellabat eleemosynarum largitiones Missarum celebrationes pro ea diuersis Regni locis ordinans in perpetuum procurans The King did bewayle this Queenes death all the dayes of his life and did by continual prayers call vpon mercifull Iesus to vse mercy towards her ordeyning great store of almes to be giuen for her as also procuring Masses to be said for her soule in diuers partes of the Kingdome 6. And moreouer in all the places where the said body rested as it came to London he erected great goodly crosses in her memory Vt à transeuntibus saith VValsingham
note more diligently such matters doe in great parte faile vs. For that Mathew of VVestminster endeth with King Edward the first as the other Mathew Paris before him did with this mans father K. Henry the third and Roger Houeden before him againe with K. Iohn and VVilliam Nubergensis Petrus Blesensis before them with K. Richard â— VVilliam of Malmesbury Henry Huntington as also Florentius VVigorniensis with his continuance made an end of their historyes partly vnder K. Stephen and partly vnder K. Henry the first so as now downe-ward from this King Edward the second we shall only haue Raynulph of Chester and Thomas VValsingam for the most ancient writers of this time that doth ensue who yet are nothing so copious or diligent as diuers of the former 41. This Edward therefore second of that name and surnamed of Carnaruan for that he was borne in that towne of VVales when his Father lay with an army in those partes to reduce that countrey to subiection as he did who being of the age of twenty three yeares when his father dyed vpon the borders of Scotland in the yeare 1307. receauing two speciall things in charge saith VValsingam from his Father vnder paine of his curse The first that the should prosecute presently and end the enterprize began against Scotland before he went to London or procured to be crowned the second that he should not touche or waste but send to the holy land a certaine summe of money which his said Father had layed togeather for the assistance of that warr to the which he had purposed to goe himself in person if he had liued Wherevnto Iohn Stow addeth a thirde in these wordes His father charged him on his curse that he should not presume to call home Pierce of Gaueston by common decree banished without common consent c. Notwithstanding all these admonitions and threats this careles young Prince performed no one thing of the three but got himself presently into France and there was married in Bullen vnto Lady Isabell only daughter of Philip the fourth surnamed the faire King of France and in that marriage and triumphe therof spent the foresaid money which prospered afterwarde accordingly for that this marriage and wife was the cause and occasion not only of his ouerthrow and miserable ruine but of all the warrs in like manner that ensued for many yeares after betwene France England For that shee being the only daughter and heire as hath byn said to the King of France her sonne Edward the third in her title began first the said warrs which brought finally the losse not only of that which was gotten of new but of all the rest that we had before in France and shee taking a deepe disgust with her said husband for his disordinate affection to Pierce Gaueston whome presently after his fathers death he recalled from banishment the two Spencers and others misliked by her and the greater parte of the Realme shee finally after many troubles warrs insurrections and great store of Noble-men cut of and destroyed on both partes preuailed against the said King her husband and hauing on her side the authority of her young sonne the Prince and all his followers did put downe the said King depriued him of his crowne sett vp her young sonne in his place committed the other to prison where soone after he was pitifully murthered And these are the varietyes of worldly fortunes these the frailtyes and vncerteintyes of earthly Greatnes And where King Edward placed all his pleasure from the same spring issued forth the beginning and progresse of all his miserie 42. But as for his religion and iudgement therein notwithstanding all other his errours in life and behauiour that it was constantly Catholicke according to that which he had receaued and inherited from his Ancestours no doubt can be made at all For that the whole State of his realme touching Ecclesiasticall affaires remained as he found it and as it had continued in the tymes of his progenitours and that the Bishops of Rome had generall authority ouer England in his dayes not only in meere spirituall iurisdiction which all the Bishops of England professed to receaue from him but also in externall disposing when he would of Bishoprickes and other Prelacies notwithstanding all the complaints made in his Fathers and Grand-fathers tymes about that matter may be made euident by many examples 43. For first we reade that in the yeare 1311. when Pope Clement the fifth in a Councell at Vienna in France vpon many graue and vrgent causes as was pretended alleadged did put downe the whole order of knights called Templarij for that their first institution was to haue care to defend the Temple of Ierusalem against infidells and did appoint their lands which were many and great to be giuen to an other newer order which then begun named Hospitalary for that they had the care of the hospitals wherein Pilgrims were receaued which now are the knights of S. Iohn of Malta albeit this matter were of such importance and consequence for that the persons were many and of nobility and their possessions great as hath byn said yet was that Decree obeyed in England without resistance and the persons depriued and put to perpetuall pennance in a Councell at London anno 1311. and their said lands and goods giuen to the other sorte of knights and confirmed by Parlament in London 13. yeares after to wit in the yeare of Christ 1324. which was the 17. of King Edwards raigne as VValsingam and others doe testifie which well declareth what the Popes authority was at that day in England 44. Againe we reade that in the yeare 1319. which was the 12. of this Kings raigne great warre being betwene England Scotland King Edward had procured that Pope Iohn the 22. should send two Cardinall-Legates into England to examine the matter how it stood and to punish by Ecclesiasticall Censures that party that should be found stubborne and repugnant to reason Wher vpon finally hauing heard both sides and finding Robert Bruse King of Scotland to haue offered iniuryes to the King of England they pronounced sentence of excommunication against him and put the whole Kingdome vnder interdict For releasing wherof the said King Robert and the State of Scotland 4. yeares after sent a solemn embassage to the Pope to wit the Bishop of Glasco Earle of Murray which being vnderstood by King Edward he sent also a messenger on his behalfe to contradicte the same And albeit him Embassadour saith our Story in dignity were but a simple Priest yet so many reasons and accusations he alleadged against themâ— or K. Edward and his câ—uâ—e as the Scottish Embassadours â—â—ld obteyne no release at that time And this for the Popes auâ—â—â—â—â—â—y in those dayes for publicke affaires 45. But as for priuate matters of England especially the disposing of Bishoprickes confirmation inuestitures of all Bishops 〈◊〉
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
should incurre the forfaiture of as much as they may forfaite towards the King c. So saith the Statute 21. And now heere I would aske the discreet Reader whether M. Attorney ouerthroweth not himself by alleadging such matters as these are For heere King Henry alloweth manifestly the repaire to Rome of Bishops Archbishops Abbots other Prelates for their induction admittance to their dignityes which he would neuer doe if he had taken himself to haue supreme authority Ecclesiasticall in that behalfe of giuing them spirituall iurisdiction immediately from himself And albeit he doe binde them to pay at Rome no more then the ordinary accustomed paiments for such their admittance therby perhaps to induce the said Courte of Rome to aske no more of them when they should vnderstand that it was forbidden vnto them to pay it yet doth he allow not only their recourse to Rome in such affaires but to make likewise the ordinary payments which were accustomed to be paid in old times past according to the words of the Statute which is sufficient to proue our purpose and ouer-throw M. Attorneys And thus much for the tyme of K. Henry the 4. For as for an other instance alleadged by M. Attorney conteyning a prohibition that Buls for exemption of tythes from Parish Churches should not be put in execution for that the effect therof is repeated againe in the next obiection out of the raigne of K. Henry the fifth one answere shall serue for them both Out of the raigne of K. Henry the fifth that was the fourtenth King after the Conquest §. II. The Attorney In an act of Parlament made in the third yeare of K. Henry the 5. it is declared that wheras in the time of K. Henry the 4. Father to the said King in the 7. yeare of his raigne to eschew many discordes debates and diuerse other mischeifes which were likely to arise and happen by cause of many prouisions then made or to be made by the Pope and also of licence therevpon graunted by the said late King amongst other things it was ordained and established that no such licence or pardon so graunted should be auailable to any benefice full of any incumbent at the day of the date of such licence or pardon graunted Neuerthelesse diuers persons hauing prouisions of the Pope of diuers â—â—nâ—fices in England and elswhere and licences royall to execute the same prouisions haue by colour of the same prouisions licences and acceptations of the said benefices subtily excluded diuers persons of their benefices in which they had byn incumbents by a longe season of the collation of the very patrons spirituall to them duely made to their intent to the finall destruction and eneruation of the states of the same incumbents The King willing to auoid such mischeifes hath ordained and established that al the incumbents of euery benefice of holy Church of the patronage collation or presentation of spirituall patrons might quietly and peaceably enioy their said benefices without being inquieted molested or any wayes greiued by any colour of such prouisions licences and acceptations And that all the licences and pardons vpon and by such prouisions made in any manner should be voide and of no valour And if any feele himself greiued molested or inquieted in any wise from thenceforth by any by colour of such prouisions licences pardons or acceptations that the same molestors greiuers or inquieters euery of them haue and incurre the paines punishments contained in the Statutes of Prouisors before that tyme made as by the said Act appeareth The Catholicke Deuine 22. This Statute maketh as little for M. Attorneys purpose of supreme authoritie spirituall as anie of the former and I haue set it downe at large to the end you maie see what smal store of stuffe he hath to furnish his booke when he filleth paper with such impertinencyes for that the whole subiect of this Statute tendeth onlie to the reforme of certaine abuses in some quarreling and troublesome people who meaning to molest others that were in quiet possession of their benefices went to Rome and there framing manie complaints calumniatioÌ„s and accusations against them and against the lawfullnes of their hauing those benefices and pretending that the due collation thereof appertained to the Sea Apostolicke for diuers respects demaunded onlie that the same Sea would giue her right vnto them and so got out prouisions oftentimes to that effect which prouisions it seemeth by the words of this statute that K. Henry the 4. was content they should runne and gaue royall licences for the same and that the title should be tried not withstaÌ„ding the prohibitions of such prouisions made vnder K. Edward and King Richard as you haue heard and all this maketh against M. Attorney But now K. Henry the 5. being informed of the inconueniences that ensued therof and that diuers incumbents were therby excluded of their benefices and the patrons spirituall of their presentatioÌ„s ordained that for the time to come no such incumbents or patrons should bee disquieted or molested by colour of such prouisions from the Pope of benefices that are not actually voide or by vertue of licences from the King for prosecuting the same This is the Statute and you see how little helpe M. Attorney getteth by it But let vs see another instance out of this Kings raigne as wisely alleadged as the former The Attorney A Statute was made for extirpation of heresie and Lollardy wherby full power and authoritie was giuen to the Iustices of peace and Iustices of assise to inquire of those that hold errors heresies or Lollardy and of their maintainers c. And that the Sheriffe or other officer c. maie arrest and apprehend them Infoelix lolium steriles dominantur auena Virgil. Et careant lolijs oculos vitiantibus agri Ouid. The King by coÌ„sent of Parlament giueth power to Ordinaries to inquire of the foundation erection and gouernance of Hospitals other then such as be of the Kings foundation and thervpon to make correction and reformation according to the Ecclesiasticall law The Catholicke Diuine 23. If M. Attorneys store-howse of arguments were not extreme poore emptie he would neuer alleadge such matter as this is for demonstratiue proofes which before he promised vs in his Preface For out of the later example that Ordinaries are appointed to inquire of the foundation execution and gouernment of Hospitals what can be deduced for M. Attorneys purpose or against vs For so much as the foundation erection and gouernment of Hospitals were for the most part meere temporall things except some priuiledges graunted vnto them by the Sea Apostolicke 24. And that in the former example Iustices of peace and assise were commaunded by the King to inquire after Lollards VVickcliffians and such other hereticks it was to apprehend and imprison their persons and not to iudge of their heresies which belonged to their Bishops and Ordinaries
as you haue heard And some cause might be also of this speciall commission for Iudges and Iustices to assist Bishops and so no doubt it was for that the said Lollards and VVickcliffians had not onlie been troublesome and daungerous to the State vnder the raignes of King Richard the secoÌ„d and Henry the 4. but vnto the person and life of this man also some moneths before this Statute by conspiring his death and raising a daungerous rebellion in S. Giles field by London as both VValsingham and other authoâ—s doe reporte and therefore no maruaile though authoritie be giuen as heer is said that the Sheriffes and other Officers maie aâ—â—est apprehend them and what maketh this for M. Attorneys purpose 25. But further I cannot but maruaile at his note in the margent Lollardy saith he is of lolio which signifieth Cockle for as Clockle is the destruction of the corne so is heresie of true religion and then doth he bring in two seuerall verses the one of Virgil and the other of Ouid about lolium shewing himself thereby a good grammarian though yet in the thing it self he was much deceiued For that Lollards and Lollardy being a particular sect of hereticks are not deriued from the latin word Lolium signifying cockle or darnel as the verie deriuation it self might easily shew but of the first author therof named Gualter Lolhard a German about the yeare of Christ 1315. as Tritemius in his Cronicle declareth and is larglie shewed in a booke some yeares past set forth in our English tongue by a Catholike writer which if M. Attorney had read he might easilie haue auoided this grosse mistaking From which also I maruaile that his affectioÌ„ to the men had not somewhat with-held him for that they were of his religion not cockle but good corne if wee beleiue his great historiographer and deuine Iohn Fox who setteth them out not onlie for good Christians but for Saints and martyrs in his bookes of Martyrologe Acts and Monuments But thus these men agree togeather Out of the raigne of King Henry the sixt the fiftenth King after the Conquest §. III. 26. Out of this Kings raigne which endured most Catholiklie for neere 40. yeares though vnfortunately through wars sedition and broiles of the Realme M. Attorney findeth onlie these three poore instances ensuing The Attorney Excommunication made and certified by the Pope is of no force to disable any man within England and this is by the auncient Common laws before anie Statute was made concerning forraine iurisdiction The King only may graunt or licence to found a spiritual incorporation In the raigne of K. Henry the 6. the Pope wrote letters in derogation of the King and his regalty and the Church-men durst not speake against them but Humfrey Duke of Glocester for their safe-keeping put them into the sier The Catholicke Deuyne 27. To the first hath been answered diuers times before that it appeareth to haue been an agreement at that tyme in England that the Popes Bulls of excommunication should not bee published by particular men but with the certificate of some Bishop for more authoritie c. as it is now also vsed in diuers Catholicke CouÌ„tries for auoiding the fraudes and practice of particular inquiet people that by false suggestions get Buls c. But that this was by the auncient CommoÌ„ laws before anie Statute made hath no probabilitie at all as by the whole Course of our auncient Catholicke Kings hath been declared And it groweth now somewhat loathsome and ridiculous to see M. Attorney runne so often to this common Chymera of auncient Common-lawes without shewing any or any likeli-hood that any such were or could bee in auncient tymes amongst our auncestors for that their religion deuotion sense and iudgement ran wholy to the contrary in those dayes Whervpon it followeth as often we haue said that if a Common-law could not be made admitted or authorized without some common consent of Prince and people it is vnpossible that such common laws should then bee as M. Attorney doth frame heer to his fansie vpon euery occasion that pleaseth him 28. That the King onlie maie graunt licence to found a spirituall incorporatioÌ„ maie bee vnderstood in two sortes First that the said incorporation cannot bee made or erected within his dominions or founded with lands goods or rents without his leaue and licence and this wee denie not Secondlie that the said spiritual incorporation should haue her spiritualtie from the King that is to saie her spirituall and ecclesiasticall priuiledges of being such an incorporation belonging to the Church And this wee haue seen by the practice of all times in England both before and after the Conquest to haue been euer sought and receiued from the Sea Apostolicke wherof wee haue a particuler demonstration set downe before in the 6. Chapter of this our Answere 29. The last which he obiecteth of the fact of Humfrey Duke of Glocester that cast as he saith the Popes letters into the fire for their safe-Keeping is rather a iest than an argument And I maruaile M. Attorney a man of his degree would bring it forth and print it also for an argument whether the thing be true or false For if it fell out as heer is noted in the margent vpon the first yeare of King Henry the 6. his raigne when the King was but eight moneths old and the said Duke his vncle Gouernour of the Land and in his cheifest ruffe who afterward came thereby to soe pittifull a ruine both of himself his freinds and the Realme euerie man maie see what force this iest maie haue which yet I haue not read in anie other author besydes M. Attorney and so to him I leaue it OF THE RAIGNE OF FOVRE ENSVING KINGS TO VVIT Edward the fourth Edward the fifth Richard the third and Henry the seauenth And how conforme they were vnto their auncestours in this point of controuersie which we haue in hand CHAP. XIIII THe line of Lancaster being put downe and remoued from the Crowne by the depriuation and death of K. Henry the 6. and his sonne as before you haue heard there entred the howse of Yorke with no lesse violeÌ„ce of armes and effusion of bloud but rather more then the other familie had done before by taking to it self the Crowne from the head of K. Richard the 2. For that Edward Duke of Yorke by dint of sword inuesting himself of the scepter by the same maintained it though with much trouble feares iealousies for the space of 22. yeares and then thinking to leaue it quietlie to his sonne Edward the 5. though with protestation and oath at his death as Syr Thomas More recordeth that if he could as well haue forseene the vanitie of that ambition as now with his more paine then pleasure he had proued he would neuer haue wonne the curtesie of mens knees with the losse of so manie heads
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
the eight after two partes of three of his raigne wherin he had not only acknowledged and practised according to the vse of all his predecessours but singularly also defended and propugned by publicke writing the Catholicke consent of all Christendome concerning the Soueraignty of the Sea of Rome therin did at length vpon certaine occasions of particular distast anger and exasperation falling out betweene Pope Clement the 7. and him about the diuorce of his wife Queen Catherine daughter of Spaine and the marriage of Lady Anne Bullen in in her place to neither of which the said Pope would consent make strange innouations by little little as first threatning and the said Pope then substracting some of his authority and giuing it to others and finally taking all vnto himself Which deuise being once begun was continued after his death by the gouernours of his young sonne King Edward though with lesse probability and apparance of truth as before hath byn noted then reiected againe by his daughter Queene Mary who restored the same whence it was taken but reassumed though in a different deuise of words by his second daughter Q. Elizabeth that least of all was capable of it as in precedent chapters hath byn declared So as heere though M. Attorney doth euery where talke of auncient laws and common consent there is neither anquity vnity conformity consent or continuance of anie moment to bee found which will better appeare by that wee haue briefly to touch of ech one of these Princes raignes in particular Of King Henry the eyght who was the twentith King after the Conquest §. I. 2. This Prince succeeding his father King Henry the 7. in the flower of his youth when he was but 18. yeares of age but adorned with many rare graces both of mind and body tooke the scepter in hand with as great expectation of his people neighbours round about him as euer did Prince of our land before or after him and for the space of more then 20. yeares performed the same in all points of an excellent Prince both in peace and warre vntill he fell into that vnfortunate fatall breach with his wife and Queene and disordinate appetite of the other that succeeded her whervpon ensued all those strange and vnexpected mutations which afterward were seene one thing giuing occasion and making way to the other as the euents declared 3. But among all other points of Catholicke doctrine no one was more obserued by this King while he remained in his auncient peace of mind then that of his due acknowledgment subordination and respectiue correspondence with the Sea Apostolicke which being in his dayes begun to be impugned togeather with many other points of Christian religion by Martyn Luther an Apostata Friar of Germany and his followers King Henry out of his great zeale and feruour towards the said religion and Sea Apostolicke tooke vpoÌ„ him to write a special learned booke in defence therof against the said Luther which booke he sent to Rome presenting it to Pope Leo the tenth subscribed by his owne â—and which I haue seen by a speciall Embassadour for that purpose Doctor Clerke Bishop of Bath and VVells that made an earnest speach and eloquent oration at the deliuery therof in protestation and commendation of his Kings high and resolute zeale in this behalfe all which being extant in print I remit the Reader thervnto for his better satisfaction 4. Only I cannot pretermit to recite in this place some of his words which he vseth in that booke in defence of the Popes Ecclesiasticall Supremacy which himself afterward vpon new passions rising so greatly impugned Thus then he wrote against Luther in those dayes Non tam iniurius ero Pontifici vt anxiè sollicitè de eius Iure disceptem tanquam res haberetur pro dubia c. I will not offer so much iniury vnto the Pope as earnestly and carefully to dispute heere of his right as though the matter might be held in doubt it is sufficient for that which now we haue in hand that his enemy Luther sheweth himself so much to be carried away with passion and fury as he taketh all faith and credit from his owne sayings cleerly declaring his malice to be such as it suffereth him neither to agree with himself nor to consider what he saith So be 5. And then after a large confutation of Luthers fond opinion and furious assertion that the pope neither by diuine or humane law but onlie by vsurpation and Tyrannie had gotten the headshipp of the Church K. Henry vseth two stong reasons and arguments against him among other to represse his maddnes therein The first of generall consent from antiquitie saying Negare non potest c. Luther cannot deny but that all the faithfull Christian Churches at this daie doe acknowledge and reuerence the holie Sea of Rome as their mother and Primate c. And if this acknowledgment is grounded neither in diuine nor humane right how hath it taken so great and generall roote How was it admitted so vniuersally by all Christendome When began it how grew it to bee so great And wheras humane consent is sufficient to giue humane right at least how can Luther saie that heer is neither diuine nor humane right where there is and hath been for time out of minde so vniuersall humane consent c. Certe si quis rerum gestarum monumenta reuoluat inueniet iam olim protinùs post pacatum orbâ—m plerasque omnes Christiani Orbis Ecclesias obtemperasse Romana c. Truly if a man will looke ouer the monuments of things and times past he shall find that prefently after the world was pacified from persecution the most parte of Christian Churches did obay the Roman yea and the Greeke Church also though the Empire were passed to that parte wee shall find that shee acknowledged the Primacy of the same Romane Church but only wheÌ„ shee was in Schisme And as for S. Hierome though he were no Roman yet did hee in his daies ascribe so much authoritie and preheminence to the Roman Church as he affirmed that in matters of great doubt it was sufficient for his faith to bee allowed and approued by the Pope of Rome c. This is the first argument vrged by King Henry of antiquitie and consent 6. Another hee alleadgeth of impossibilitie for the Pope to haue attained by force and Tyrannie to so great authoritie as he had according to Luthers calumniation the effect is this Cum Lutherus tam impudenter pronunciet c. Whereas Luther so impudeÌ„tly doth affirme that the Pope hath his Primacie by no right neither diuine nor humane but onlie by force and Tyrannie I doe wonder how the mad fellow could hope to find his Readers so simple or blockish as to beleiue that the Bishop of Rome being a Priest vnarmed alone without temporall force or right either diuine or humane as he supposed
well by the words of the Statute which are these VVhere the Kings most excellent Maiesty is by gods law supreme head immediatly vnder him of his whole Church of England intending the conseruation of the same Church in a true sincere and vniforme doctrine of Christs religion calling also to his blessed and most gratious remembrance the innumerable commodities which ensue of concord and vnity in religion c. hath therfore commaunded this his most high Court of Parlament to be summoned as also a Synod of all the Archbishops Bishops and other learned men to bee assembled c. for a full and persect resolution of certaine Articles proposed which are the former six his Maiesty also most gratiously vouchsafing in his owne Princly person to descend and come into his said high Courte and Councell and there like a Prince of most high prudence and no lesse learning opened and declared manie thinges of high learning great knowledge touching the said Articles matters questions whervpon after great and longe deliberate disputation and consultation had and made it was finally resolued as before c. 17. Thus you see how maturely this matter was done and resolued by the new head of the English Church and his Counsell which resolution not withstanding I presume M. Attorney and those of his religion will not well allow à parte rei though for his authoritie they may not denie it according to their owne grounds in that he did contradict therin the Popes and so in this respect they seem to bee but in pittifull plight for that neither the one nor the other head serueth well their turnes And with this wee shall leaue King Henry the 8. who in all the rest of his raigne which as hath byn said was but the third parte after his spirituall headship of that he had raigned before in acknowledgment of the Popes Supremacie his Decrees Ordinances and actions though they were inconstant variable yet were they all except this only controuersie of the Popes authoritie against Protestants and their religion as appeareth both by his solemne condemning and burning of Iohn Lambert for denying the Reall presence the next yeare after this Statute was made as also of Anne Ascue and others vpon the last yeare of his life for the same heresie and of manie others for other Protestant-opinions so as I doe not see how M. Attorney can much glorie in this first headshipp of his Church of England especially that being true which Bishop Gardiner preached and protested publikely at Pauls Grosse in Queen Maries time that K. Henry dealt with him a little before his death for reconcyling himself to the Pope by restoring to him his authority againe if with his honour it might bee brought to passe but before this could bee treated he died and thereby was frustrated of his good purpose therin The answere to certaine Instances of M. Attorney out of this raigne of K. Henry the eight §. II. 18. And this might suffice for King Henries raigne but only that M. Attorney vpon the recitall of certeyne of the said Kings Statutes made by himself for his owne spirituall Supremacy which I hold not needfull for me to stand to answere he moueth a doubt and answereth the same in such sorte as is worthy of consideration His doubt is that for so much as K. Henry was now declared head of the Church and all Ecclesiasticall iurisdiction taken from the Pope in England and in English affaires what shal become of the Canons or Canon law togeather with the Constitutions and Ecclesiasticall Ordinances depending of the Church of Rome wherby the spirituall Courts of England were wont to bee gouerned you shall heare his answere in his owne words The Attorney If it bee demaunded saith hee what Canons Constitutions Ordinances and Synodals Prouinciall are still in force within this Realme I answere that it is resolued and enacted by authoritie of Parlament that such as haue been allowed by generall consent and custome within the Realme and are not contrariant or repugnant to the Laws Statutes and Customes of this Realme nor to the damage or hurte of the Kings prerogatiue Royall are still in force within this Realme as the Kings Ecclesiasticall laws of the same Now as Consent and Custome hath allowed those Canons so no doubt by generall consent of the whole Kealme anie of the same maie bee corrected enlarged explained or abrogated For example there is a decree that all Clerkes that haue receiued anie manner of Orders greater or smaller should bee exempt pro causis criminalibus before the temporall Iudges This decree had neuer anie force within England First for that it was neuer approued and allowed of by generall consent within the Realme Secondly it was against the laws of the Realme as it doth appeare by infinite presidents Thirdly it was against the prerogatiue and soueraigntie of the King that any subiect within this Realme should not bee subiect to the laws of this Realme The Catholicke Deuine 19. Heere you see two points touched in this answere First the resolution it self and then the confirmation therof by a speciall example The resolution is very ambiguous doubtfull and vncertaine if you consider it For he saith that such Canonicall laws are to bee still in force as were allowed by generall consent not contrariant to the laws statutes and customes of this Realme nor importe anie dammage to the Kings prerogatiue Royall And what are these thinke you And how vncertaine a rule is this prescribed for laws whereby matters of conscience must be determined Who may not say in his owne case or others this Canon or Constitution though it be of neuer so auncient Councels or Decrees of the Church for of such consisteth the Canon-law was neuer allowed by generall consent of England this is contrariant to some Statute or Custome this importeth dammage to the Kings prerogatiue Royall and so indeed by establishing this new headship the whole body of Ecclesiasticall regimēt was ouerthrowne though M. Attorney to salue the matter saith that the said Canonicall lawes should remaine still in force with the restrictiōs aforesaid as the Kings Ecclesiasticall lawes which is as much to say as that these Canon-lawes that were made by generall Councels Nationall or Prouinciall Synods and by the Popes of Rome themselues shall not remaine as their lawes but as the Kings lawes for that he retaineth them of which poore refuge I haue spoken often before how weake and idle it is 20. But now for his particular example chosen out to proue that the generall Canonicall lawes of the whole Church receiued throughout Christendome may be corrected and enlarged explaned abrogated by a particular Countrey which is contrary to the common Maxime that no law can be abrogated but by the same authority by which it was made and allowed or greater I cannot but maruaile that he would insist vpō the exemption of Clerks from secular
VValsingham alleadgeth this confirmation of the said priuiledge in his time Quod nullus Clericus sit arrei ratuâ— coram Iustitiarijs suis siue ad sectam suam siue partes si Clericus suae Clerimoniae se submittat dicens se membrum Ecclesiae Sanctae non debere ipsis Iustitiarijs respoÌ„dere That no Clerk maie bee arraygned before the Kings Iustices at the suite of the said King or of anie other party yf the said Clerk doe submitt himself to his Clergie affirming that hee being a member of holy Church ought not to answere to the said Iustices So VValsingham And this shall bee sufficient to meete with the assertion of M. Attorney to the contrary and herewith shall we end our speach of King Henry the eight Of King Edvvard the sixt the one and twentith King after the Conquest §. III. 26. This younge Prince being but a child of 9. yeares old when his father King Henry died as often hath been said was by his Tutors and Gouernours especially his Vncle Earle of Hartford after made Duke of Somerset and some others that followed his appetite in the desire of innouation about matters of religion declared Head of the Church vnder the same stile as his father had been before and by that headship and pretence therof they took to theÌ„selues authoritie to make that change which after ensued partly to the opinions of Luther partly of Zuinglius for Caluin was not yet so famous or forward in credit for some years after and to ouerthrow and alter in effect all that King Henry by his headship had ordained and established before concerning religion as may appeare by the seuerall and particular repeals of the most parte of all his Statutes touching that affaire except only this of his departure from the Pope and obedience of the Sea Apostolicke 27. But yet one principall declaration and important constitution they added in this matter as before hath been touched aboue that of King Henry according to the saying facile est inuentis addere and this is that whereas the Father K. Henry taking from the Pope his accustomed iurisdiction Ecclesiasticall did transferre it vnto his Clergie of England and afterward declaring himself Spirituall head of that Clergie did consequentlie inferre he was head of the English Church also in spirituall matters yet did he not explaine from what origen properly this spirituall power did flow which point the said Gouernours of the child-King Edward did interprete and decide shewing that all spirituall iurisdiction power and authority ouer soules by loosing or binding of sinnes or other spirituall actions in Bishops Prelates and Priests proceeded and was deriued from this young child who yet notwithstanding as ech man may consider was not of yeares to haue perfect vse of reason for disposing so much as temporall matters and how much lesse in spirituall For so affirmeth plainly S. Paul to the Galathians Quanto tempore haeres parâ—ulus est nihil differt à seruo cum sit Dominus omnium sed sub tutoribus actoribus est vsque ad praefinitum tempus à Patre All the time that the heire is young or vnder age though he be Lord of all by inheritance yet doth he differ nothing from a seruant or bound-man in subiection but is vnder Tutors and Administrators vntill the tyme of his age appointed by his Father So the Apostle 28. And if then this young King had not yet authority as of himself to dispose of any temporall affaires which are of much lesse moment we may easily consider what may be thought of spirituall and Ecclesiasticall that require more the vse of reason and iudgement for exercising of iurisdiction therin then doth the other But you will say perhaps that the same Tutors and Administrators that gouerned him in secular Ciuill affaires might take vpon them also iurisdiction in the spirituall likewise and so the Duke of Somerset for example with his assistants might be secondary or Vicar-heads of the Church of England vnder him for the tyme to absolue or bind sinnes determine of heresies dispose of Sacraments and the like 29. But to this â—s easily answered according to the principles set downe in the secoÌ„d Chapter of this booke that for so much as all temporall power is giuen first of all by God in the law of Nature vnto the people or multitude who thereby haue authority to transferre the same to what manner of gouernement they like either Monarchie or other it followeth also that the Common-wealth that had authority to choose or appoint the state of Kings to raigne ouer them had and hath power to giue sufficient authority in like manner to Tutors and Administrators to gouerne the said Common-wealth in temporall affaires during the tyme of their Kings minority or non-age But that the origen of spirituall power comming not by this way of the people nor being giuen to them at all but immediatly by Christ our Sauiour to his Apostles and their Successours Bishops and Prelates by lawfull Ordination and Succession of Priesthood and imposition of hands to the end of the world no temporall Tutors or Administrators could rightly get into this authority except they were first made Priests and this also by Caluins opinion and assertion as well as ours as before hath byn declared 30. By this then wee see how and by what assurance this headship of the Church and supreme Ecclesiasticall authoritie therof passed from the Father to the sonne which was such as it liked not M. Attorney to alleadge anie one Statute of this mans time against vs though all in deed were made against vs and against the said Father as maie bee easily imagined considering the Current of that time And the very first of all was in fauour of Luthers opinioÌ„ about the Reall presence which afterward they changed into that of Zwinglius They changed also twyce their Communion booke and forme of seruice and Sacraments first vpon the second and third yeares of King Edwards raigne and secondly vpon the 5. and 6. as appeareth in the particular Statutes of those yeares They repealed a great number of K. Henries Statutes as by name concerning treasons and heresies They repealed his famous Statute for PrecoÌ„tracts in marriages as also dissolued diuers of his Courts that he had set vp And finally they respected nothing the said King Henries headship nor his prescription or direction therin but followâ—d their owne for the time that their power endured And yet all was published vnder the name of the Ghospell and New reformation established by negociation in Parlament as though the matter had proceeded from very sound and founded Ecclesiasticall authoritie And this for that time wherof M. Attorney alleadging no one example against vs I haue no further need to enlarge my self Of the raigne of Queene Mary the two and twentith Princesse after the Conquest §. IIII. 31. As M. Attorney doth preâ—ermitt
the memorie of Queen Marâ—e without mentioning her at all so could I haue done also but that my purpose is to passe through the raignes of all our Princes without ouerpassing of anie And it maie serue also to our purpose to consider therby the broken and interrupted succession of this new headshipp in the Father sonne and daughters For as the Father by his Act had contradicted all his auncestors Kings of England before him from the beginning of their Conuersion vnto his daies so his sonne though succeeding him in the participation of that act yet contradicted him in all the rest that hee decreed touching matters of religion by vertue of that headshipp after him then came th' elder daughter who coÌ„tradicted them both and restored all to the auncient state againe wherin it had coÌ„tinued throughout the race of al her auncestors progenitors of England and Spaine for a thousand yeares and more So as heer M. Attorneys prescription can bee verie small for so much as his whole thrid therof was broken and cut of by Q. Marie and consequently he must begin againe with Q. Elizabeths raigne as the fountaine of all his deduction 32. And for so much as Queen Marie hauing as a deuout obedient and Catholicke Princesse returned al things belonging to religion to their auncient state and coÌ„dition wherin her Father found them and her Grand-father left them shee repealed and mortified all such Statutes of innouations and new deuises as shee found to haue been made vpoÌ„ anie occasion or fansie what soeuer during the time of her said Father and brother reducing her self in obsequium fidei to the humble obedience of that only faith which had been held and practised in Christs vniuersall Church and namely also in England from the beginning vnto her said Fathers daies punishing likewise diuers of the heads and authors of those new innouations and alterations that had been made and mamely and aboue others the chiefe author and instrument of all Thomas Cranmer Archbishop of Canterburie who entring Catholikly as was thought into that dignity was the first Archbishop that euer failed or dissented in his faith froÌ„ the rest or from the obedience and subordination to the Sea Apostolicke and so by gods iudgmeÌ„t came to bee a stange example of a miserable end to bee burned publikly for his heresies and for that in particular against which his noble and learned predecessours Lanfrancus Anselmus and other Archbishops of Canterburie had foughten most famously aboue other learned men when it first sprang vp in Berengarius the first author and inuentor therof in the daies of VVilliam the Conquerour I meane the deniall of the Reall presence in the blessed Sacrament which of all other heresies was most hatefull vnto him for whose sake Cranmer first of all declined to schisme and heresie I meane King Henry the eight yea and to himself also for a tyme after the others death as may appeare by the foresaid first Statute made cheifly by his authority in the first yeare of King Edwards raigne in fauour of the said Reall presence against the Sacramentaryes 33. All which being so euery man may behold what ground or certainty there was in those dayes or is now for men to leave the Catholicke knowne religion and cast the saluation of their soules vpon such alterations as these were For that after Queen Mary who had restored all to the auncient state as hath byn said came her younger sister Queen Elizabeth a Lady of some fiue and twenty yeares of age who by little and little altered all againe agreeing in all points neither with the one nor with the other neither with them that had made the former alterations but brought in a new and distinct forme and fashion of beleiuing worshipping God peculiar to it self in diuers points and differing from all in some Of which innouation by the said younger sister against the elder they being the only two Queens that euer haue raigned in their owne right within our land since the beginning of Christianity we shall now passe to speake a few words and so end this whole discourse of our English Princes and their religion Of the raigne of Queen Elizabeth who was the three and twentith Princesse after the Conquest and last of King Henryes race §. v. 34. This Lady being the daughter of King Henry and Queene Anne Bullen comming to raigne after the foresaid Queen Mary her sister was persuaded to resume and take to her self that supreme spirituall power and iurisdiction which Queen Mary her elder sister had refused and caused to be restored to the place and persons from whom it was taken by her Father and brother And I say she was persuaded therevnto for that it is the opinion of many men that knew her and conuersed with her both before and after her entrance to the Crowne that she had neither great desire to take it at the beginning nor opinion that she might doe it but only that she was told it was necessary to her present state at that time in regard of diuers Popes sentences past against her legitimation the lawfullnes of her Parents marriage and the pretense of the Queen of France and Scotland at that tyme vpon 〈◊〉 supposed desect to the Crowne of England as due to her â—â—ough the others illegitimation 35. For remedy of all which it was made a matter necessary that she should take the said authority Ecclesiasticall from the Pope and Sea of Rome and place it in her self especially when by negociation of some that desired the change it was brought about that the ParlameÌ„t should offer it vnto her vnder this plausiâ—â— Title of An Act for restoring to the Crowne the ancient iurisdictioÌ„ of the 〈◊〉 Ecclesiasticall and spirituall and the act it self so cunningly and â—â—â—ertly penned as before hath byn said as throughout the same â—â—re is not found so much as once mentioned or named The head of the Church which euery-where is iterated vrged in the Statutes that gaue the same power to her Father and brother but in steed therof commeth in the deuise before mentioned of Supreme Gouernesse with authority to visit reforme correct errors heresies câ—â—ses c. And al this for sweetning the matter as a man may say to this Lady at the beginning who besides the other reason of Caluins mislike reprehension therof before mentioned in King Henry the eight had little opinion or appetite of the matter in those dayes not being ignorant for that she was of excellent wit how strange a thing it would seeme in the world to haue one of her sex Supreme in sacred and Ecclesiasticall matters iâ— ijt â—ua sunt ad Deum to vse S. Pauls words in this case that is to say in those things that are to be handled with God for men or between God and man 36. But being tolde by some in good sadnes at that time and M. Attorney offereth to stand to it
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
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
and thereupon he reiected the one and fauoured the other as more sincere people and more to bee trusted by him that were so trustie and faithfull to their God and his religion yf this I saie were a good censure and iudgment I doe not see how this other of M. Attorney can stand vpon anie ground of reason or Christian charitie that qualifieth so greiuously or rather calumniateth so egregiously the religious standing of Catholicke people in the moderate defence and excuse of their said consciences 22. But heere perhaps hee may demaund or some body for him what great reasons wee haue for this obstacle of our iudgment for not conforming it to his and others in this behalfe Wherunto though sufficientlie hath been alleadged before in the Answere to his Preface yet now may some two or three points or considerations bee further added in confirmation therof among almost infinite that might bee produced And the first may bee that which hitherto wee haue treated in this book with M. Attorney concerning the continuance of that religion for which wee stand throughout the whole race and course of our Christian English-Princes State and Realme from the beginning of our first conuersion vnto our time All which Kings and Queens Counsellors Nobilitie Archbishops Bishops Doctors Vniuersities Lawyers and Sages of all sortes were for so manie ages by one and the self-same religion profession and beleife directed and saued if anie were saued that is to say by the selfsame means doctrine and Sacraments of our auncient Catholicke English Church continuing vntill K. Henry 8. tyme which Church professed the very same faith and beliefe in like maner as in another special booke hath been declared wherby all other Christian nations had been directed and saued for those other ages which went before our English conuersion after Christs assension 23. New then this being so I would aske anie reasonable indifferent English-man whether wee haue iust cause to stand in and for this religion or not and whether if himself were now readie to die for that is the time when men doe iudge with lesse passion and had laid before his eyes the euerlasting ioyes of heauen on the one side and the eternall paines of hell on the other to bee lost or gayned by his election whether I saie hee would aduenture rather to goe in companie and ioyne himself with this large and venerable bodie of old English Catholickes among whome there are recorded by histories to haue been so manie admirable men both for learning wisdome and sanctitye of life or leauing these to take parte and receiue his portion with such later people of the same nation as haue deuided themselues from the other And when M. Attorney in good probabilitie of reason shall substantiallie answere mee this demaund it may doubtlesse bee a great motiue vnto mee and others to draw vs to the current of this present time but in the meane space wee must stand fast least wee fall into the torrent of brimstone if wee goe against our consciences by which wee must bee iudged and euery man damned or saued thereby as out of the Apostles testimonie before hath been declared 24. And thus much for standing in our old religion Now for passing to a new there is another obstacle also that greatlie withholdeth vs and this is that when wee shall haue left this old religion so begun so established so confirmed so promised by God to endure to the worlds end so generallie receiued so vniuersalli-continued as hath been declared wee cannot tell to what otheâ— sorte sect or parte of religion to passe with anie probable securitie or certeynty at all why wee should rather adhere to one sect then to another For when once wee leaâ—â— the said Catholicke religion so grouÌ„ded as you haue seen there is no one substantiall reason à parte rei that can bee assigned by anie man liuing neuer so learned why hee should more or rather follow one parte profession sect or new opinion then another As for example if to a man that vpon anie offence disgust scandall error anger interest leuity or the like for these are the ordinary motiues of changes breaketh from the auncient Catholicke Romain religion there should represent themselues vnto him fiue or six of the principall newest sects and sortes that professe different religions in our time all vnder the name of the Ghospell as namelie of Lutheranes either ridged or soft of Anabaptists Trinitarians new Arrians Zwinglians Calâ—â—nists of both sortes to witt Puritans and other all which haue their different positions professions articles faiths Churches conuenticles in these our daies and if he should demaund of fiue or six distinct Doctors of these new-ghospellers what substantiall reason or infallible grouÌ„d they can alleadge wherewith to persuade him that he ought to take their particular partes or bee of their seueral sects the one aboue the other or why themselues and ech one of them is rather of the one sect then of the other seeing all professe ghospell and scriptures In this case I say they can yeeld him no other reason but this that ech man assureth himself that hee and his parte doe alleadge and vnderstand the scriptures better then the rest which depending onlie as you see vpon the priuate iudgment and persuasion of ech one in particular for other proofes hee caÌ„ bring none except the stand vpon assurance of his particular spirit which euerie one of the other sects will doe in like manner it bringeth no assurance at all being onlie founded vpon ech mans opinion choice and election which properlie is heresie for that hereticks as auncient Fathers doe define are nothing els but choosers who leauing the vniuersall rule of faith deliuered vnto them by tradition of the common Church do chuse vnto themselues seuerall paths and opinions to follow 25. Wheras then no ground at all can bee yeelded by anie reason witt or learning of man why wee should bee rather of one new profession then another after wee haue left the old receiued throughout Christendome and that in the old wee stand not ech-man vpon his particular iudgment to beleiue this or that but vpon the generall testimonie tradition voice vse and authoritie of the vniuersall Christian Church called Catholicke as S. Augustine and others say not onlie by her freinds and followers but also by her enemies this being so I saie wee haue great cause to looke before wee leape as the prouerb is and to consider well where wee shall land or how we shall come to shore before wee leaue the shipp wherin wee are or doe aduenture into M. Attorneys new Current or anie other that hath no staie but maie carry vs further with the streame then wee can staie our selues afterward when wee would And thus much of this consideration 26. A third is which also shall bee the last in this place that terrifieth vs no lesse then anie of the former two and this is
read predecessors Pag. 117. lin 12. for religions read Religious Pag. 118. lin 14. for men desires read mens desires Pag. 122. lin 33. for quetting read quietting Pag. 129. lin 11. for endevving read endowing Pag. 152. lin 12. for Tyrus read Cyrus Pag. 168. lin 31. ovvne his vvords read his owne words Pag. 177. lin 25. for bad read had Pag. 191. lin vlt. in some copyes for hape read haue Pag. 208. lin 39. for sâ—ruiued read suruiued Pag. 209. lin 10. for hir read his Pag. 225. lin 20. for the read she Pag. 229. lin 26. for aginst read against Pag. 254. lin 36. hath said adde hath byn said Pag. 270. lin 26. for my read any Pag. 275. lin 10. for pecular read peculiar Ibid. lin 22. for theraâ—ut read therabout Pag. 278. lin 35. for began read begun In the Margentes Pag. 17. for controsies read controuersies Pag. 85. for lavvoy read lawes Pag. 146. for had read bad Pag. 383. for Castus read Calixtus Pag. 180. for 25. read 35. Pag. 132. for hauing read raigning It may please thee gentle Reader of thy curtesy to pardon these and other like faultes if any shal be found and consider vvith thy selfe the difficultyes we haue in vsing the help of straungers herin A TABLE OF THE PARTICVLAR MATTERS CONTEYNED IN THIS BOOKE A. ABbyes Monasteryes founded in England by Religious Catholicke Princes Cap. 6. à num 37. vsque ad num 49. Abbey of Euesham priuiledged from Rome cap. 6. num 42. Abbey of S. Albans founded by K. Offa. cap. 6. num 43. The priuiledges and exemptions of the same ibid. Abbey of Glastensbury priuiledged by Pope Iohn the thirtenth cap. 6. num 45. Abbey of VVestminster priuiledged at the petition of K. Edward the Confessor cap 6. num 47. 48. Abbot of VValtham punished why cap. 12 num 29. 32. Absurdityes of Statute-decrees in Parlament about spirituall power giuen to secular Princes cap. 3. n. 6.7.18.19.20 21. 22. 23. 24. Absurdity of a womans Supremacy in spirituall matters cap. 4. num 27. Absolution of K. Henry the second by the Popes Legates cap. 9. nu 12 13. S. Adelmus Bishop of Sherborne his voyage to Rome cap. 6. num 40. His booke of Virginity ibid. n. 42. Adelnulph King of England his confirmation of Peter-Pence to Rome cap 6. num 71. Agreement betweene the Pope and K. of England about Prouisions of Ecclesiasticall dignityes in England cap. 12. num 12. 39. S. Ambrose his iudgement of spirituall power cap. 2. n 25. 26. His combattes and conflictes with the Emperour and Empresse about Church-affayres ibid. n. 27.28 29. Ancient-Fathers directions how to find out truth cap. 1 n. 17. 18. Their freedome of speach to Emperours cap. 4. n. 4. 5. 6. S. Anselme Archbishop of Canterbury his commendations cap. 8. num 2. His pall brought from Rome by the Popes Legat. ibid. num 4. His plaine dealing with K. VVilliam Rufus ibid. num 5. His reconciliation with K Henry the first ibid. num 11. Appellations to Rome about Controuersies that fell out in England cap. 6. n. 49. 50. deinceps Appeale of K. Henry the second to the Pope about the controuersie of the death of S. Thomas of Canterbury cap. 9. n. 11. Appeales from K. Richard the first to the Pope cap. 9. num 23. Appeale of Richard Archbishop of Canterbury to Rome against K. Henry the third cap. 10. num 17. Archbishop of Canterbury accused to the Pope by K. Edward the first cap. 11. num 16. Archbishop of Canterbury depriued of spirituall Iurisdiction by Q. Elizabeth cap. 11. num 30. Archbishop of Yorke put to death by commaundement of King Henry the fourth cap. 15. num 23. Arguments of K. Henry the 8. against Luther for the Popes Supremacy cap. 15. num 5. 6.7 deinceps Assertions of Protestants and the foundation therof Prefac num 7. S. Athanasius his seuere reprehension of the Emperour Constantius cap. 4. num 8. M. Attorney his imagined ignorance cap. 1. num 12. His condemnation of controuersy-wryters ibid. num 26.27.28 29. His time of study in law ibid. n. 34. His absurd propositions and arguments refuted cap. 3. per totum deinceps per totum librum His arguments and shiftes returned vpon himselfe cap. 4. num 9 12. His new deuise to make Ecclesiasticall lawes the Kinges lawes ibid. num 13. 14. M. Attorney challenged cap. 6. n. 28. Iniuryes offered by him to many in this his booke cap. 16. per totum His false charge of Catholickes ibid. num 2. His iniurious and slanderous calumniations ibid. num 10. His manifest notorious vntruthes ibid. num 11. His Idaea Plaetonica of ancient comon-lawes ibid. num 13. His false information of his Maiesty that now is ibid. num 15. 16. His promise not performeable ibid. num 34. S. Augustines seuere sentence against heretickes and heresies cap. 16. n. 29. S. Augustine of Canterbury his successors by appointment from Rome cap. 6. num 20. Authority spirituall temporall the difference therof cap. 2. n. 4. 5. Authority Episcopall greater then Imperiall cap. 2. num 25. Authority spirituall giuen vnto Q Elizabeth by Parlament cap. 3. num 3. The absurdityes and inconueniences therof ensuing ibid. num 4. 5. Authority of Bishops Courtes from whence it is deriued cap. 13. num 17. Authority of English Prelates when England was Catholike cap. 14. n. 17. B. Bastardy a let or hinderance to Priesthood cap. 14. num 19. S. Benedict of Northumberland his voyage to Rome for priuiledges of his monastery cap. 6. num 39. Benefices collated by lay-men cap. 7. num 26. 29. S. Bertulph his monastery priuiledged from Rome cap. 6. num 39. Bigamy cap. 11. num 30. 31. A statute therof by K. Edward the first ibidem Doubts therabout raised in England ibid. num 31. 32. Bishops made in EnglaÌ„d by the Popes authority cap. 6. num 21. 22. Bishops lands seased into the Kinges handes and why cap. 11. num 28. Bishops how they might be punished for not admitting the Kinges iust presentation cap. 11. num 29. Bishop of Hereford taken from the barre of secular Court by Ecclesiasticall authority cap. 11. num 46. Bishops and Prelates of England sent to the Councell of Constance in Germany cap. 13. num 6. Bishops how they may be called the Kinges spirituall Iudges cap. 13. n. 8. Bishops Courtes from vvhence they haue their authority cap. 13. num 17. Bishops hovv farre they may be commaunded by the King cap. 13. num 18. Birth-right of lavves c. â— n. 18.22 23. Birth-right of Englishmen is Catholicke Religion cap. 1. num 26. Bodyes to the King and soules to the Priest cap. 4. num 5. Booke of K. Henry the 8. against Luther in defence of the seauen Sacraments cap. 15. num 3.4 5. Breach of King Iohn vvith the Sea Apostolicke and occasion therof cap. 9. num 57. Breach of K. Henry the 8. with