OF THE CONTROVERSY  

Discussed throughout this works.  
WHat is in the 〈…〉 in the 〈◊〉 year of 〈…〉 there is given 〈…〉, power and 〈…〉, as by any 〈…〉 hath 〈…〉 may lawfully be 〈…〉 did assign, 〈…〉 great Seal of England, 〈…〉 diction whatsoever, which ●● any manner spiritual, 〈…〉 Authority, or jurisdiction can, or may lawfully be used, to correct and 〈◊〉 errors, heresies, schisms, abuses etc.   

The question is  
Whether this authority and spiritual 〈…〉 to the ancient laws of England in former times, 〈…〉 were a Statute not introductory 〈…〉 law, 〈…〉 only of an old: so as if the said Act had never 〈◊〉 made, yet the 〈…〉 that authority, and might have given it to others, as 〈…〉 holdeth the affirmative part, and the Catholic 〈…〉    

TO THE RIGHT WORSHIPFUL SIR EDWARD COOK KNIGHT, His majesties Attorney general:  
SIR, I had no sooner taken a sight of your last Book, entitled: The fifth Part of Reports (which was some number of months after the publication thereof in England) but there entered with the reading, a certain appetite of answering the same, and this upon different motives, as well in regard of your person and place, ability and other circumstances depending thereon; as also of the subject and argument itself, which you handled, and manner held in handling thereof, to ●he greatest prejudice, wrong, and disgrace of Catholics, and Catholic religion that you could devise.  
And first in your person and place, I considered your faculty and profession of the common laws of our Realm, your long standing, and special preferment therein, your experience, and judgement gathered thereby, your estimation and credit in the Commonwealth, and your authority, honour, and riches ensuing thereupon; all which drawn me to the greater consideration of your Book, but principally your said profession of our Common temporal Municipal laws, which science above all other, 
A strange attempt to impugn Catholic religion by Catholic Princes laws in England.  next to Divinity itself, doth confirm, and convince unto the understanding of an Englishman, the truth of the Catholic Roman religion. For so much as from our very first Christian Kings & Queens, which must needs be the origen, and beginning of all Christian common laws in England, unto the reign of King Henry the eight, for the space of more than nine hundred years, all our Princes and people being of one, and the self same Catholic Roman religion, their laws must needs be presumed to have been conform to their sense and judgement in that behalf, and our lawyers to the laws: so as now to see an English temporal lawyer to come forth, and impugn the said Catholic religion, by the antiquity of his Common-lawes, throughout the times and reigns of the said Kings, in favour of Protestant's, Lutherans, calvinists, or other professors not known in those days, is as great a novelty and wonder, as to see a Philosopher brought up in Aristotle's school, to impugn Aristotle by Aristotle's learning, in favour of Petrus Ramus, or any other such new adversary, or lately borne Antagonist: Or as to behold an ancient Physician, trained up in Galens' tents, to fight against Galen and Galenistes, out of their own bulwarks, or fortresses, yea and this in aid of Paracelsians, or any other fresh crew of Alchimian doctors whatsoever.  
3. This first consideration then, of your person, place, and profession, did invite me strongly to come, and see what you said in this behalf, but no less did the argument or subject of your book, together with your manner of treating the same, of which two points I shall speak severally; for that they have several ponderations, & all in my opinion both important, rare, and singular. For what more important matter can be thought of among Christians, 
The importance of M. Attorneys Plea.  then to treat of Spiritual Power, & Ecclesiastical Authority, being the kings bench of Christ on earth, the table of his sceptre, the tribunal of his dominion & jurisdiction, whereof dependeth the whole direction of souls, the remission of our sins, the efficacy of his Sacraments, the lawfulness of all priesthood and ministry, the government of the whole Church, and finally the vigour, fruit, & effect of all Christian religion. This is the importance of your argument M. Attorney, and consider I pray you, whether it standeth us not much in hand, to be attentive what you say, and how substantially you plead in this matter.  
4. And as for the other two circumstances of rareness, and singularity, where may they more be seen, then in this so weighty a case, containing the whole power of the son of God, both in heaven, and earth, for so much as belongeth to remission of sins and government of his earthly inheritance, which is here handled and overruled by a temporal lawyer, and by him given to a temporal Lady and Queen; and this not only by force of a temporal Statute, made in Parliament to that effect, the first year of her reign, whereby Ecclesiastical Supremacy was ascribed unto her, 
The singularity of M. attorneys paradox.  but by the very vigour of her temporal crown itself, without any such Statute, and by virtue of the ancient pretended Common-lawes of our Realm, which Common-lawes being made, received, introduced, and established by Catholic Kings and Queens, as hath been said, maketh the matter so strange and rare, the wonder & admiration so great, as never paradox, perhaps in the world, seemed more rare & singular in the eyes of Philosophers, than this in the judgement of learned Divines. And who then would not be alured with this singular novelty to search somewhat after the depth of so new devised a mystery?  
5. After this ensueth, as considerable, your method, & manner of handling this subject, which to me seemeth nothing vulgar, and consequently to you and 〈…〉 particularities 〈…〉 ‑ cero; 
Ci●. Tuscul q. 3.  That yo● 〈…〉 versies, and 〈…〉 forth. All that 〈…〉 gr●●e rep●●●●● 〈…〉 your side, 〈…〉 use your 〈…〉 the truth for 〈…〉 modesty, and 〈…〉  
7. All th●●●●hin 〈…〉 encourage 〈…〉 review o● 〈…〉 hope to my 〈…〉 modesty, and 〈…〉 so much comm 〈…〉 ved and inten●●● 〈…〉 clear face 〈…〉 in your 〈…〉 
M. Attorney challenged of his promise.  you will do 〈…〉 ‑ cile cedes. 〈…〉 yourself ●● the 〈…〉 animo dig●●●●● 〈…〉 se sua spo●te, 〈…〉 in deed to confess●● 〈…〉 & fortitude but 〈…〉 ner goeth grea● 〈…〉 soul's, never-dying 〈…〉 ●e accounted our highest interest, for that the question now in hand between you and me, concerns the same most nearly, as in the sequent preface will more largely appear.  
●. Now only I am to say & promise also on my ●ehalfe, that I mean to proceed in the prosecution of this work, according to your foresaid prescription of truth, temperance, modesty, and urbanity, and this both in centre, 
The Author promiseth all modesty in this answer.  and circumference, ●s near as I can, and if necessity at any time, or ●pon any occasion, shall enforce me to be more earnest, it shall be rather in the matter itself, then against the man, I mean yourself, whose person and place, I shall always have in due regard, though I may not omit to tell you, that in some parts of your book (especially towards the end thereof) you wax so warm in your accusations against Catholics, & Catholic religion, (which your progenitors and ancestors did so highly reverence, honour, and esteem) as the indignity thereof, and the levity, and open untruth of the cavillations, & calumniations themselves (for so in deed they are to be accounted rather than grave accusations) did enkindle in me some extraordinary heat, for their rejection, and depulsion, as you will see in the places themselves, but especially in the last chapter of my expostulations against you.  
9 Out of which I must here again repeat one thing briefly, which there I have more at large declared, and more earnestly urged, to wit the obligation you have both in honour and conscience, according to the rules of all true Christian divinity, to inform rightly his Majesty in certain points, wherein yourself being at that time deceived, misinformed also his highness, at the first presentation of your Book unto him, if my information thereof be true. And for that the point itself is of very great consequence, 
M. Attorney bound in conscience and honour to inform a new his Majesty.  and that the misconceat or wrong impression of his Majesty, ma●e be to the great prejudice of many of his dutiful subjects, I am the more earnest to urge this obligation upon you, especially for that I understand, that since the edition of your book, you have in a certain public Act, solemn assembly, and most honourable auditory, repeated again, and avouched the said injurious assertion, concerning Catholics, that their Recusancy began upon disloyalty, by occasion of the excommunication of Q. Elizabeth by Pope Pius Quintus upon the eleventh year of her reign, and for that cause, and not before, nor upon any other motive.  
10. Which injurious charge, though it were sufficiently refuted there in presence, by the 
* M. Garnet.  prisoner at the bar, to the satisfaction of all indifferent people, that might easily descry your passion ●●erin; yet have I showed the same more at length ●● my said last Chapter of this book, which I ●ould wish you had read, before so confidently ●ou had repeated the same charge again in the ●●id assembly, avouching upon your fidelity, and ●●ervpon challenging any Recusant whatsoever, ●●at no Catholic, or other refused to repair to our service, until the said eleventh year of the Queen's reign: but I have showed out of puplicke testimonies that you are deceived therein, & ●●at both many Catholics, & Puritans were ●pen Recusants before that year, and neither of ●●em upon that cause which you suggest: & so you ●●e how far your fidelity, which you pawn ●or the matter may hereby come in question.  
●●. I could further put you in mind, of many ●ther overlashing speeches, tending to the hurt ●nd damage, yea blood and death also, of divers used by you in that great assembly, 
M. attorneys overlashing in speech.  if I thought ●ou would take it friendly, and help yourself ●●ereby to the right examen of your conscience between God and you, when you are alone, as catholic doctrine teacheth men to do, especially of injurious words against their brethren, ●herof our Saviour Christ in S. Mathewes gospel ●ronoūceth so severe a sentence, as he appointeth ●oth judgement, counsel, 
Math. 5.  & hell fire for punishment of the same; and addeth further, 
Math. 12  that no idle word shall pass from us, whereof we shall not give account in the day of judgement: and if not idle words, how much less slanderous, calumnious, and infamatory? whereof you used store against many innocent men that day, especially against Fa: Garnet, and his own Order of Jesuits, whereof some I may not pretermit in this place.  
12. You said at the very first entrance unto your speech in that place, that you would speak of nothing but of the late most horrible treason, which for distinctions sake you would call the jesuits treason. For if it be just (say you) that every thing be called by the name of the Author, then seeing the jesuits have been the Authors of this treason, you would not do them the injury, to take from them any thing which is theirs, or to miscall any thing which appertaineth properly to them, especially seeing in every crime: plus peccat auctor quam actor; the author is more culpable and blameworthy than the actor, as is apparent by the example (say you) of Adam, Eve, and the Serpent, where the Serpent for that it was the first author of that attempt, 
The Diuel●s sins in ●●pting Adam.  committed three sins, Eva that was tempted, two sins, and Adam that was the chiefest actor, but one sin. This was your eloquence at that time, & I doubt not but that the learned prisoner standing at the bar, whom you otherwise so highly commended for this talents, if other circumstances had given him leave, could have smiled at your exact enumeration of the devils sins, who yet, for that it is not read, that he did eat ●nie of the apple with Adam and Eve, it is like you would be much troubled to find out his three several sins in that matter, if you were put unto ●he proof, and you know what our common ●aying is: That it is a shame to belly the Devil.  
13. But to leave this point to be discussed between you, I must needs say, that you offer the Jesuits an apparent injury, in making this last ●reason so proper and peculiar to them, as that you will needs have it called the Jesuits treason, 
M. Garnetts case.  ●nd they to be the principal Authors; whereas notwithstanding, when all came to all, no other ●hing (I ween) was proved against them, but ●hat the prisoner there present, had received only a simple notice of that treason, by such a means as he could not utter, and reveal again by the laws of Catholic doctrine, that is to say, in Confession, and this but a very few days before the discovery, but yet never gave any consent, help, hearkening, approbation, or cooperation to the same; but contrariwise sought to dissuade, dehort, and hinder the designment by all the means he could.  
14. And is this sufficient M. Attorney, to lay the denomination of this foul fact, upon the whole order of Jesuits? that one of them, or two at the most knew thereof by such a way, as probably they could not avoid, 
How things heard in confession may not be uttered by Catholic doctrine.  or prevent the knowledge, not foreseeing what he penitent would confess, and once having heard it in that manner, remained bound by the inviolable seal of that Sacrament not to utter the same, but in such manner as the confitent should allow of, though never so great temporal damage were imminent for the concealment. And this is the sacred band of a Catholic priestly conscience, much like to that of Angels, who though they know many great hurts or dangers to hang over kingdoms, States, Common wealths, or particular men, & be desirous out of their love to mankind to prevent the same; yet are they not free to reveal what they know thereof in regard of any future good or hurt whatsoever, but only where they are permitted, and licensed in particular: & yet are they not justly to be accounted accessary to the evils that fall out, & much less authors of the same for their silence, or not revealing, as in this case of the jesuits you labour to infer.  
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 speech, for that presently after your former words you added these for the beginning of your declamation. In this discourse I will speak (say you) of no other circumstances but of treason, 
A partition not afterward performed.  and of no other treasons, but the jesuits treason's, & of no other jesuits treasons, but such as shall particularly concern this prisoner. Wherein notwithstanding very soon after contradicting yourself, you brought in a long discourse of the antiquity, ●nd invisibility of your Church; as also of Equivocation, and many other things, which are no circumstances of treason. You handled also of ●he Northern Earls, Excommunication of the queen, and divers other such things as happened before the jesuits came into England, and consequently could be no jesuits treasons. And when you come to treat of the prisoner himself, and to prove him a traitor, you begin with ● Statute set forth in the 23. year of the late Queen's reign, which made all jesuits, and other Pristes' traitors, that came into England, or remained in the same, and consequently concerned not the prisoner in such special manner, as you would seem to promise: or if it did, yet many other things you bring in and handle, as that of Lopus the jew, William's, York, squire, Colen, partly Protestants, and partly Catholics, who whatsoever their causes were (whereof somewhat shall be spoken after) yet touched they nothing at all that prisoner, who yet never dealt with them, nor ever was accused concerning them. Whereupon is inferred, that no one of your threefold members before mentioned was performed by you: to wit, that you would speak of no other circumstances, but of treason, and of no other treasons, but of jesuits treasons, & of no other jesuits treasons, but such as should particularly concern the prisoner at the bar.  
16. But this defect I suppose that all your auditory did not observe, by reason of the multitude of other tumultuary matters, drawn in by you against the said prisoner, but yet your Rhetoric in amplifying one point, about the first law alleged against the coming in of Priests and jesuitts, was so markable, as no man I think, was so dull, as did not observe it, and bear it away. To wit, that whereas the said law did forbid all Priests, under pain of death and treason, not to come into England, or execute any part of their priestly function within the Realm, as to preach, teach, offer sacrifice, hear Confessions, absolve from sins, reconcile to God, and to the union of his Catholic Church, dissuade from sects and heresies, and other like offices; you in commendation of that law, protested to prove it, to be the most mildest law, the sweetest law, the law most full of mercy and pity, that ever was enacted by any Prince so injuriously provoked. And you added in the heat of your eloquence, that if you proved ●ot this, then let the world say: 
M. Garnet an honest man by M. attorneys warrant.  That Garnet is an honest man. Which was a warrant to all the hearers, up hold him for such; for so much as no man was there so simple, but saw it impossible for you to ●roue that assertion, and consequently that in all their hear you canonised his honesty.  
●●. For how did you go about to prove (M. Attorney) that this law was so mild, so full of pity, & lenity? ●or sooth, for that you say, the meaning was by kee●ing Priests of, and expelling those that were within, 
M. attorneys wit in making a bloody law to be a sweet law.  to ●●are their blood, though if they retired not to spill it. imagine that then if in Queen mary's days (for example) such a law had been made against Prote●tant-Ministers that came from Geneva and other places of Germany, would you (M. Attorney) have ●eemed that law a gentle law, a sweet & mild law, a ●aw full of mercy, pity & clemency? I presume you dare ●ot say it. But let us use an other example of much ●ore moment. If in the Apostles time, such a law ●ad been made by any King or Emperor of contrary religion to them, that if any of the said Apostles or Priests (for so they were) should enter ●nto their dominions to preach a contrary doctrine to the religion there received and established, and to exercise any of their Apostolical or Priestly functions, it should be treason and pain of death: could this be called a mild law? a sweet law? a law full of pity & compassion? a law made for not spilling their blood? or would, or could the Apostles, or their followers have obeyed this law? or did they obey the Governors of the jews (otherwise their lawful Superiors, when they commanded them to preach no more in the name of Christ, or to disperse Christian doctrine, which they called seditious, or to reconcile any to Christian religion, which they held for treason? or did they fly, though Princes & emperors afterwards by public Edicts did command them out of their dominions? or is there not another blood to be respected, called by the Prophet, the blood of the soul, whereof the Pastor shall be guilty if he fly for fear, or forsake his flock in time of danger and persecution? is not all this so? or can it be denied? or have not English Priests the same obligation of conscience to help their Country, and countrymen in spiritual necessities, as had the Apostles and Apostolic men to strangers, for whose help yet they were content to offer their lives and incur any danger whatsoever? Wherhfore M. Attorney to speak a truth, if you deal with men of understanding, it is but fond; and if of Christian courage, it is but trifling eloquence, all that in this point you have used about the mildness, sweetness, mercy, and compassion of this cruel, and bloody law of Queen Elizabeth. Children may be delighted, and deluded with such babbles, but wisemen do laugh at them.  
18. Concerning the other heads of doctrine, which pleased you to handle in this arraignment ●t the bar, with no small ostentation of wor●es, as being in your own Centre, namely: Of the Antiquity of your Church, Equivocation, and some ●ther such points, as they were not much ad rem, in that assembly & business, so could your friend's ●aue wished, that either you had omitted them altogether, or handled them more substantially: or as for Equivocation, 
About Equivocation.  or mental reservation of a ●●ne sense in a doubtful speech, it seemeth plainly ●●at you understand not the Question, nor the mea●ing, which both ancient and modern learned ●en have, in holding that true, and necessary doctrine; & no marvel, for t●at it hath not been (I ●●inke) your education to be troubled much with scrupulosity of words, to wit, what sense may ●e held therein without sin, & what not, the ●●amen of which matters belong to more tender ● timorous consciences than King's attorneys cō●onlie are presumed to have, who must speak ●o the purpose, howsoever it be to the truth. And ●● it well appeared in that arraignment, whereof ●e now treat, but intent to proceed no further ●●erein, for that the prisoner himself answered this point sufficiently at the bar, as also to the Lords before in the tower, and a more large discourse may be made thereof hereafter, if need shall require.  
19 As for your other article, about the Antiquity and continuance of your Church, a man may easily see, that you sought an occasion to bring it in, by making an objection on the behalf of jesuitts against the same, 
About the antiquity & universality of the Protestant Church.  and thereby to show your skill in answering. They hold their religion (say you) to be the old Religion, where ours is the new, confined to England; where on the contrary side their Religion is universal, and embraced in the greatest part of this Christian world. And thus for the maintenance of their rotten Religion, do they seek to disgrace and blemish our Gospel. But (good sir) if your gospel be that of the four Evangelists now received, we pretend that it is as much our gospel as yours, and more also, for that you received it from us, and upon our Church's credit, and for that you call rotten Religion, if ever it were Religion, than never can it rot, except you put no difference between apples and religion. But let us hear how you will answer this objection in your own words, as they came set down unto me from your own mouth.  
20. But to this (say you) I will answer, that if our Gospel be as ancient as Luther, it is more ancient than the jesuitts are (though not I trow then jesuitts religion) albeit it be not contained in these narrow limits of place, 
A strange discourse of M Attorney about his Church.  nor bands of time, which they feignedly imagine, having been ever since the time of Christ, and his Apostles. For we do not deny but that Rome was the mother-Church, and had thirty two virginal martyrs of her Popes a-row, & so continued till in succeeding ages it brought in a mass of errors, and idle ceremonies. But you will ask perhaps, where our Church lurked before Luther's coming, for some hundreds of years? But I say it makes no great matter where it was, so that I ●m certain it was, for as a wedge of gold, if it be dissolved, and mixed with a mass of brass, tin, and other metals doth not lose his nature, but remaineth gold still although we cannot determine in what part of the mass it is contained, but the touchstone will find it out: so though our Church hath ever been since Christ's time in the world, yet being mixed, and covered with innoua●ons, and errors, we cannot tell in what part it was. And I dare say, that it is now more extended than theirs ●: for we have 
* Many all's.  all England, all Scotland, all Germany, all Denmark, a great part of France, all Poland, & some part of Italy. These are your words, if the Relators have been exact in setting them down, as they say they have been. And then is there ●o marvel, though you impugn so much the doctrine of scrupulous reservation of true sense in ambiguous speeches, whereas so manifestly you over-lash in all those periods, which here you have laid before us.  
21. But to the matter itself, about the Antiquity Continuance, Succession, Visibility, and Assurance of the Church, whereas you grant, that the Roman Church, was the true mother-Church from the beginning, and had two and thirty virginal martyrs (for so you call them) for her Pope's one after the other, without interposition of any one Bishop, that was not martyr, for more than the space of three hundred years; you grant us so much in this assertion, if it be well considered, as it will be hard for you to take it from us again afterwards in your sequent negation, which I shall show you briefly by two convincing Arguments, the one Theological, the other Moral.  

A theological argumet for the Roman Church.  22. The first is, that if the Church of Rome was the true mother-Church of Christ, and Christian religion for so great a space as you assign; then no doubt were all the predictions, and promises of Prophets for the greatness, eminency, honour, certainty, & flourishing perpetuity of the said Christian Church fulfilled in her: Christ's peculiar promises in like manner, 
Mar. ultimo I●an. 14. & 10. Mat. 10.  that he would be with her to the end of the world, that the holy ghost should lead her into all truth, that hell-gates (which properly signify errors and heresies) should never prevail against her, that she should be the pillar, and foundation of truth, & all men bound to obey and believe her, 
1 Timo. 3. Mat. 18.  was ●eant also & performed in this Roman-Church for three hundred years and more, and promised ●● be performed to the end of the world: whereof ensueth, that either God is not able to perform what he promiseth (for of his will there can be no doubt, seeing he hath promised) or else it cannot without impiety be conceived, and much ●●se believed, that this Roman-mother-Church, so ●●anted in the beginning by Christ, and his Apo●●es blood, and so watered for three hundred years together by the blood of all her Bishops, ●● spread over the world, 
Rom. 1.  as S. Paul of his own time testifieth that her faith & religion was, and afterwards all Ecclesiastical histories within the time prescribed & after, do declare, that all other Churches commonly, at leastwise of the west-world, were her daughters by foundation, & our ●reat-Britany among the rest; it is impossible (I say) to imagine with piety, how this Queen of the world, how this flourishing Church, how this golden wedge (to use your own similitude) should so be dissolved & mingled with brass, tin, copper, & other such contemptible metals, which you call Errors, & innovations, as that her Religion should become rotten, according to your phrase, & herself in steed of being the true kingdom, inheritance & spouse of Christ, become his enemy his adversary, an advowtresse, and the very power of Satan himself against him, as you M. Attorney do make her.  
23 How, I pray you can this be thought? by what reason or probability may it be imagined when? how? by what means might this metamorphosis be made? The very next age after the foresaid Martyr-popeslived S. Augustine, 
Epist. 105 contra lit. Petiliani.  who reciting the said Popes, and their Successors unto his days called them all holy without distinction, and by their lineal succession in the said Church of Rome did persuade himself to have demonstrated the truth of all Catholic Religion, as well in Africa where he was, as throughout the whole world, against all heretics.  
24. And after him again lived in the same Sea, as Bishops thereof S. Leo, and S. Gregory, both of them surnamed Great, in respect of their great sanctity, great learning, and famous acts: and with them, and after them concurred and suceeeded in other Christian Churches of the world, as Fathers and Doctors S. Maximus, S. Prosper, Vincentius Lyrinensis, S. Gregory of Towers, S. Fulgentius, S. Benedict, and others, all making the same account of the Roman Church, doctrine, sanctity, and authority thereof, as the former Fathers did. And how then could come in this transfusion, and transmutation of gold into lead, which you dream of M. Attorney, and are content to deceive your ●●f and others, to your eternal peril of perdition 〈◊〉 this new invention of a golden wedge, whereof ●●n say that you are a fast friend: but this apper●●yneth rather to my second argument, to show the moral impossibility also of this seely fiction.  
For let us suppose that there were a wedge ●● gold so dearly bought and purchased, 
The moral argument of impossibility for the universal Church to fall, or vanish away.  so care●●●lie delivered, and ●o earnestly recommended to the possessors as the Church of Christ was unto his disciples and followers, and that there were so ●any watchmen appointed to look continually upon this golden wedge, and so sure a guard allowed them for defence of the same, as Christ appointed Pastors over his Church, offering them for guard his whole power and omnipotency ●o defend it; and if this were so, how could this ●●edge, that from the beginning was pure gold, ●●e imagined to lose her nature, and pass into other base metals, or be melted, mingled, dissolved, or changed into the same, without that any ●ne of the foresaid watchmen should open his ●outh, resist, or testify this change? Are not ●hese moral impossibilities, and metaphysical imaginations only, to delude yourselves and others?  
●6. Let us compare then briefly these matters together. We read in all Authors, and see by experience, that in sixteen hundred years sin● Christ his Church was founded, and set on foot that in every age the Doctors, Prelates, and Pastors, 
Application of this moral argument.  that were watchmen of the Church for that time, were so diligent in their watch, as 〈◊〉 least error or heresy appeared in their days bu●● presently they cried out, made war against i● and finally by help and assistance of their guard and Captain, in the end overcame, and vanguished the same. Let the examples of Simon Magus● Philetus, Hymenaeus, Cerinthus, Ebion, Menander, and other heretics rising up amongst the Apostle be examples for the first age: Saturninus, Basilide Carpocrates, Cerdon, Valentinus, Martion, Apelle●● and others for the second: Novatus, Sabellius, Manes, Noetus and their followers for the third: Arrius, Aerius, Photinus, jovinian, Donatus, Apollinaris & their adherents for the fourth: & so in every age unto our days, wherein no man was spared though he were never so great, no former merits respected though never so many, if he uttered any thing against the common received universal Catholic faith. And so we see that both Origen and Tertullian most rare learned men were condemned; Osius and Lucifer Calaritanus two famous Bishops noted; S. Cyprian also one of the oracles of the Christian world called in question for points of doctrine different from the universal Church Whereof we do infer most evidently and plainly, that if any Fathers in the eusuing ages ●● uttered any thing in their speeches, sermons, writings, that in any least point had been different from the said universal Catholic doctrine, it would have been resisted in like man●●● and noted in one Country or other, and ●●er would have passed for Catholic do●●●ne to their posterity, without note or repre●●sion at all.  
As for example, to take one for all, for that ●●one all may be judged of. 
A most evident demonstration.  If S. Augustine that 〈◊〉 more than a hundred years after those mar●●● Popes of Rome, which you mention, did ●●th preach and write in so many places of his corks, of Purgatory, of the Sacrifice of the Mass, ● justification by good works, of Prayer for the ●●●d, of the single life of Clergymen, of the Perfection ●●religious life, of the pre-eminency of the Sea of ●●me, and many other such articles expressly ●●posite to that you hold commonly in England, ●hich he handleth so plainly as any of us can ●●e in these our days; if any of these points ●●d been strange or new doctrine at that time, 〈◊〉 so much as suspected of error, heresy, or falsehood, no man of common sense can imagine, ●ut that they would have been contradicted, or ●oted by some man or other, so many learned godly men living with him, and after him: b● this will never be proved to be so, or that the points, or the like wherein we differ from 〈◊〉 Protestans were either in him, or other, noted ●● condemned for heresies, and consequently b●● this argument of moral evidence it is conuince● that they were never accounted either errors, 〈◊〉 heresies, before the heretical contradictions 〈◊〉 these later ages sprang up, & that by such as we●● accounted and condemned by the universal Church of Christ for heretics themselves.  
28. And as for the comparison of the true Catholic Church of Christ unto a wedge of gold so mingled with lead copper & base metals, as it cannot be known where it is, is a very base and leadden comparison by M. attorneys leave. For if the Church must baptise, the Church must instruct us, the Church must govern us, and minister us Sacraments, resolve our doubts, and give us directions to life everlasting, how can men repair unto her that is so hidden & covered as she can neither be seen, nor found? Nay you say, it makes no great matter where she is, so you be certain that she be. By which doctrine a man in England may be as well saved by a Church in Constantinople or in the indies, as in England itself, seeing there is no conversation necessary with it, no conference, to treaty, no recourse, no dependence of it, no obedience unto it, nor importeth it where ●t be, so I be sure it be in some place, though I know not where, or in whom. 
Stange and chimerical imaginations.  And what doth ●his certainty avail me M. Attorney, if I have no benefit from her? These be those monstrous and strange chimeras in deed, floating in uncertaintyes, which you mention in your Preface to the Rea●er, for that these are evacuations, and exinanitions ●f all fruit of Christian doctrine, drawing all to ●eere fancies of idle conceits, without effects ●f any substantial fruit, or spiritual help whatsoever. For whereas all the ancient Fathers in all ●●eir works do labour to set forth unto us the ●●finite real benefits, which we receive by being in the true Catholic Church, as all those before mentioned, of instruction, government, grace ●y Sacraments, remission of sins, and the like, and that it is impossible to be saved unless a man ●●e in her, reverence her, hear and obey her, fear ●● go out of her, and consequently have daily and ●ourlie treating with her, and dependence of ●●er, wuhich cannot be without certain knowledge where she is, or evident signs how to know and discern her from all others; you by a contrary new devise, never heard of I think be●●re, do affirm, that it importeth not where your church was for many ages, and hundreds of years, so ●●at she were at all.  
29. And thus much for her invisibility in those ages, but now she is become visible in our days: Nay you do set her forth with so great an enlargement of greatness and glorious appearance, as you say she is more extended now then ours; For that (quoth you) we have all England, all Scotland, all Germany, all Denmark, all Poland, a great part of France, and some part of Italy. Wherein your large extension of your Church in this second part of your Relation (if we could believe you) is no less strange, then was your restriction of her secrecy and invisibility in the first. For who will grant you all England for Protestants, when they shall see so many provisions made against both English Catholics, & Puritans, which later part of men, as well as the former; that they cannot make one Church with you, shall presently be showed in the Preface of this work.  
30. How you have all Germany for yours, there being so many religions, and the greatest part Catholic, and other different Sects greatly disagreeing from you, I know not by what figure you can make your Reader to believe that you speak truth The like I say of Denmark, 
 where all are Lutherans, and not of your Church, nor will it admit calvinists to devil, or die, or be buried amongst them. Of all Poland, it is a notable hyperbole, for so much as both the King ●●d State profess publicly the Catholic religion, and the sectaries that are in that kingdom ●●e Trinitarians, Arrians, Anabaptists, more perhaps ●●nuber than calvinists. I marvel you omitted ●●ecia and Noruegia, where, as they are not Catho●●●kes, so are they not of your religion or Church; 〈◊〉 nor those of France neither, though they be ●●luinistes (for as for your some part of Italy, I ●old to be no part at all, nor was it any thing ●se but a certain overflowing of your speech to ●ake the full sound of a greater number) the Protestant's of France (I say) cannot make one Church ●●ith you; as neither those of Scotland, with the residue of Holland, Zealand, and other of ●●ose Provinces united of Geneva, as their Mother-church: these (I say) being all Puritanes ●●d Precisians, cannot make any Church with ●ou in that union of faith and doctrine, which ●●e unity of a Church requireth, as by your, and ●●eir own confession, writings, testimonies, ●●d protestations is extant in the world to be ●●ene.  
Wherefore I shall desire the intelligent Rea●●r, to make with me a brief recollection about ●. attorneys doctrine for his Church. First he granteth, as you have heard, the Roman Church 〈◊〉 have been the true Mother-Church for divers age's together, spread over the whole world, dilated throughout all Provinces, perspicuous eminent, and admirable in flourishing glory by the greatness and multitude of her children, professing Christ everywhere in union of faith, doctrine, and Sacraments, as the holy Father's i● those ages, and others ensuing do testify unto us  
32. secondly he will have this glorious Church so to have fallen sick, pined and withered● way without groaning, and so to have vanished out of men's sights, as she could not be known where she was for many hundred years together: nay he will have her to be like a wedge o● gold, so corrupted and mingled with lead an● tin, as no man can tell where the gold lieth except he try it with the touchstone, which touch stone in our case, he saith to be the scripture, whereby the Church must by every man be tried and touched: so as each one that will know this Church, and have benefit from the same, mus● touch her first, & see whether she be the Church or no, and so instead of submitting himself unto her, and to be directed by her, he must first mak● himself touch-maister and judge over her.  
33. thirdly M Attorney having shifted of this time of the invisibility of his Church in this sort he now in this last age maketh her so visible again upon the sudden, as that she comprehendeth all the Churches of the aforenamed Kingdoms, of what Sect or profession soever, so that ●●●y differ from the Catholic, which are some ●●ne or ten Sects at the least, all dissenting among themselves, & professing in their writings, acts ●●d doings, that they are not of one religion, nor consequently can be of one Church; and yet e●●●ie one goeth with his touchstone in his hand 〈◊〉 wit the Bible) as well as M. Attorney, 
The different use of the touchstone for finding out the Church.  and are ●eady to touch him, and his Church, as he them ●●d theirs, but with different effect and success: 〈◊〉 he findeth by this touchstone (as you have ●●ard) that all they are of his Church, but they ●●d every one of them by the same touchstone, ●●e find the contrary, and not one of them will ●●unt (I say not one) of all the whole number of new Sects, that the Church of England as now standeth, is either the true Church of Christ, or ●●eir Church; and in this I dare join issue with ● Attorney, out of their own books, assertions, ●●d protestations.  
So as now M. Attorney, that which in the ●●●iptures is so memorable of itself, so commen●●d by Christ our Saviour, 
The baseness & contemptibility of M. attorneys Church.  so respected by the Apostles, so testified and defended by the primitive martyr's, so magnified by the ancient Doctors ●●d Fathers, and by all good Christians so reverenced and dreaded, I mean the glorious name ●f the Catholic and universal Church, and the benefit to be in her, and of her, without which no salvation can be hoped for of Christ, but inevitable and everlasting perdition, by which on the other side, and in which, salvation only may be attained; all this (I say) is come to be so poor, base, and contemptible a thing with you, and so uncertain, as you know not where your Church is, nor greatly care, so that at all she be; and when you name your Sectary-brethrens, and associates therein, they deny you and your alliance, as you see; and when you assign your touchstone of scriptures, they use the same against you, and prove thereby yours to be no Church, and each one of themselves in several to be the only true and Christian Church. And this have you gained by leaving the Roman, which you grant in old times to have been the holy mother-Church: see whereunto you are come, and this shall suffice for this matter.  
35. This epistle would grow overlong, if I should entertain myself in all the impertinent speeches, which you had that day (in your glory as it seemeth) against Catholics, the least part whereof, did in wisemen's sights, concern the prisoner at the bar, though by your Rhetorical application, all was drawn upon him by hook or by crook: for that York, William's, Colen, Squiar and Lopus were brought in squadron, to muster there to that effect, whereof all notwithstanding, except the last, are defended, and their conspiracies most evidently proved to have been feigned, 
M. T. F. in his Apology an. 1599  by a learned, worthy, and worshipful gentleman of our Country, dedicated these years passed to the Lords of the late Queen's privy Counsel: and whether they were true or false, yet touched they not Fa: Garnet, who never had acquaintance or treaty with them.  
36. And whereas you say that he came into England, with purpose to prepare the way, against the great compounded navy that followed in the year 1588. It is evident that his coming into England, 
A manifest calunniation against M. Garnet.  was two years and a half, at the least, before the said time, when there was neither notice, nor speech, nor perhaps so much as a thought of that navy to come: and when afterwards it appeared on our seas, it had not so much as one English Priest or jesuit in all that multitude of men, which is like it would have had, if M. Henry Garnet, and M. Robert South-well that came in together, had been sent to prepare the way for the same. Your combinations also of books and attempts, the one always (as you say) accompanying the other, though you esteemed it perhaps a witty fine devise, and probable to the unlearned hearers that cannot distinguish of times or things; yet others that looked into the matter more judiciously, and found neither coherence of time, or subject, between the book by you named, and the attempts pretended, laughed in their sleeves, remembering the saying of the Poet: 
●rent. ● An●●i●.  Non sat commodè divisa sunt temporibus tibi Daue haec. I will reapeat your words of one only comparison, and thereof let the rest be judged: Then cometh forth Squiar (say you) with his plot of treason, but this not alone neither, but was accompanied with another pernicious book written by Dolman: 
● silly ●uen●●n of ●ookes and treason's.  which words import that Dolmans' book did accompany Squiars treason, but he that shall examine the order of Chronologie, shall find in this matter, that Dolmans' book was in print four years (at least) before Squiars' treason (if he committed treason) was ever heard of; nor hath the argument of the book any more affinity at all with Squiars' fact, then hath a fox with a fig tree, but only that your floating chimeras, intoxicating (to use your own words) your hearer's brains, do make you seem to speak oftentimes mystically, when in deed you speak miserably.  
37. You remember (I think) how the aforesaid gentleman in his book (for others do not forget it) gave you a friendly reprehension, by the words of the famous Orator Catulus, or rather of Cicero in his name, 
Cicero de Oratore.  for a ridiculous fact of yours in weeping, and shedding many tears in following the fiction of Squiars conspiracy at the bar, thereby to win credit, and show yourself admirable at that time to the Earl of Essex, and others in authority: but now I am to expostulate with you upon this occasion, for another no less pathetical excess, uttered in pleading against M. Garnet, wherein not so much your tears did run, as your hairs did stand and stare, and your ears glow, to hear blasphemy uttered by him in a certain letter of his intercepted: Wherein (say you) was contained one of the most horrible blasphemies that ever I heard proceed from any Atheist, and maketh my hair to stand on end to think of it. So you say.  
38. And what was this horrible blasphemy (good Sir) that put your tender, and religious heart in such a pitiful plight and horror? It followeth that he had written with the juice of a lemon to his friends abroad out of the tower, that he had been often examined, but nothing was produced against him, but yet, necesse est, ut unus homo moriatur pro populo. 
A fond feigned blasphemy.  So you alleged the text, and added presently: See how he assumeth most blasphemously to himself the words that were spoken of Christ our Saviour, but I hope ere he die, he will repent him of this blasphemy.  
39 But (good Sir) did you look upon the place of S. john's gospel, before you recited the same, and played this pageant in so solemn an essemblie? If you did, then will you find that these words were spoken by an evil man, 
joh. 11.  unto an evil sense in his own meaning, to wit by Caiphas, 
The meaning of Caiphas in speaking of the death of Christ.  that persuaded first in a Council gathered upon the resuscitation of Lazarus, to put Christ to death, thereby to content the Romans, who had the whole jewish nation in jealousy of their loyalty towards the Emperor, and that now by putting one to death that was accused (though falsely) to deny tribute to be paid to Cesar, they should clear their credit with the said Emperor, and by his only death prevent the destruction of the said jewish people by the Roman armies, and therefore he said: Expedit nobis, ut unus homo moriatur pro populo, & non totagens pereat. 
Luc. 13.  It is expedient for us, that one man die for the people, to the end the whole nation be not destroyed. And therefore he saith not necesse est, as you cite the words, but expedit, to show his political drift therein.  
40. And this being Caiphas his crafty and wicked counsel, and his words in his sense, bearing this meaning, the holy ghost (which as S. Chrysostome and other holy Fathers do affirm, 
〈◊〉 4. ●n Ioanne●●.  ostantum, & non scelestum eius cor attigit, moved his tongue and not his wicked mind, and was in his words, not in his sense) made him unwittinglie to utter a prophesy, and a great high mystery, that except one man (to wit Christ) should die for the sins of the people, none could be saved. Now then (Sir) this sentence of Caiphas having two meanings and senses, 
The meaning of M. Garnet in using the words of Caiphas.  as you have heard, let us examine which was most probable to be used and alluded unto by M. Garnet, who gathering by many conjectures, that you, and some other of his good friends, had a great desire to bring the jesuitts within the compass of this late odious treason, or at leastwise within the suspicion or hatred thereof, for that the lay-gentlmen partakers of the fact, were thought to be devoted towards them, and their Order; and seeing that God unexpectedlie had delivered him into your hands, he might very well think, that he at least should pay for the rest, and die also of likeli-hood for disgracing the rest, and in that sense alluded to the words of Caiphas, tending to like policy.  
41. But now for the second sense, which particularly designed the death of Christ our Saviour, for the redemption of mankind, none I think is so simple, as would imagine M. Garnet to apply to himself, though in this point also M. Attorney is to be taught out of true divinity, that diverse places uttered literally of Christ in holy scripture, may secondarily also by allusion be applied unto men, and this without all horror of blasphemy, or imputation of Atheism, which are M. attorneys passionate accusations in this place. As for example, where the Prophet writeth of him: 
Isa. 60.  Et cum iniquis reputatus est: he was esteemed with the wicked; which was meant immediately and principally by the holy-ghost of Christ, and yet by allusion it may be applied to any of his servants. And that other place; 
Psal. 109.  De torrent in via bibit, propterea exaltavit caput: and infinite other throughout all the new and old testament, spoken literally of Christ, and yet by allusion applied to good men, as the ancient Fathers do testify in their works, applying to the members oftentimes that which belongeth principally to the head: so as herein M. attorneys hairs needed not to stand upon end, nor trouble themselves or their master; neither was it needful that M. Attorney should pray for M Garnet to repent himself of this blasphemy (which was none at all) before he died. God grant Sir Edward Cook be in state to make so clear, and easy an account at his departure from this world, as the other was, which hardly may be hoped, considering their great difference of life & functions, except God work a miracle, or that solifidian justification do enter for smoothing of all, which maketh all men equal, and equally saints.  
42. But to draw to an end, one of your last triumphant speeches touching all jesuits was, that they were Doctors of four different doctrines; the one of dissimulation; 
Sundry calumniations.  the second of deposing Princes; the third of disposing of Kingdoms; the last of deterring Princes with fear of excommunications: and of all four you discoursed with great resolution, and peremptory determination, well assuring yourself, that none in that place should have means to answer you, though there wanted not many, who out of their discretions, did note where and how you might have been answered with no small advantage, as perhaps you may be hereafter more at large, upon some other occasion.  
43. Now only I thought good to put you in mind, that these, and other your discourses, founded commonly upon divisions, and little concerning the prisoner, or matter in hand, were noted and borne away, and this among the rest, was observed; that you were more fertile in setting down divisions, then fruitful afterwards in prosecuting the same; yet in the last part of this fourfold partition, about terrifying Princes with excommunications, you flowing now with full sea towards the end of your accusations, men say, that you insulted greatly over Catholic religion, & brought forth a book of your own compyling (to wit your Reports) pretending to show out of the same, that our English Kings in former ages, were nothing affrighted with the idle menaces of Papal excommunications; that one was condemned of high treason for bringing in a Bull against a subject without the King's licence: that the King was never reputed subject to any Pope in Ecclesiastical matters, but that himself was absolute: how the Pope's Legates were often times stayed at cales, until the King had given them licence to come into England, 
M. Attorney in his vaunting vain.  with many other such points, partly true, partly false, partly impertinent to the matter, partly proving de facto, and not de iure, partly misalleadged, partly misconstred, but altogether misapplied to the disgrace of that religion, for whose service all your laws in those times & ages were instituted, and honoured: & yet you protested in that vaunting vain of yours; that you were exceeding glad to see your modern religion in this point, so agreeable to the ancient laws of the Realm, which laws (quoth you) if they were exactly looked into, would restrain our Romish Catholics for growing any further, as you hoped they would be.  
44. But Sir, how little ground of truth or substance all this hath in it, & how contrary effects the due consideration of our English laws may, & must needs work in the minds of all discreet men, towards the settling of a stable judgement and firm persuasion in favour of Catholic religion, 
All ancient English laws in favour of Catholic religion.  in that the said laws proceeded all from Catholic Princes (though always I except such as do frame their judgement to the current of the present time, & do subordinate their understanding to their wealth and honours) this (I say) shall afterwards be so evidently declared in this Answer of ours throughout the whole book, as no man I suppose with any indifferency, or probability of reason, shallbe able to deny or contradict the same.  
45. And in particular the Reader shall see refuted the several members by you here set down, as namely, how great and hearty reverence and respect our Catholic Kings did ever bear unto Ecclesiastical Censures, not only of the Pope as supreme, but of their own home-Bishopps also: and that no King in all that rank for almost a thousand years, did ever hold himself absolute in Ecclesiastical power, until King Henry the eight; and that it cannot be true, 
The particulars brought in by M. Attorney refuted.  which here & elsewhere you so much brag of, & bring forth upon every occasion (as the archer that had but one arrow in his quiver that would fly) how that in the reign of King Edward the first, it was treason by the common-law for a subject to bring in and publish a Bull from Rome against a subject, without the King's licence; which is your first objection in that King's life, and answered by me after in the eleventh Chapter of this book.  
46. And as for the objection of the Pope's Legates or Nuntij detained sometimes by the King's order at cales, from entering the Realm, until some difference between Popes and Kings were accorded, though it be so weak a thing as deserveth no answer, yet have I answered the same upon divers occasions, and showed amongst other, that by this argument, if it were good, King Philip and Queen Mary might be said not to have acknowledged the Pope his spiritual authority, for that they detained in cales the messenger of Paulus Quartus, 
Paulus Quartus Cardinal ●oole.  when he brought the cardinals hat, and Legacy of England for Friar Peto in prejudice of Cardinal Poole, which the said Princes would not suffer to be put in execution, until they had better informed the said Pope, upon which information & their intercession the controversy ceased.  
47. Much other matter I do willingly pretermit (M. Attorney) which you uttered that day in contempt, & derogation of that religion, whereby all your progenitors, yea all the Peers and Princes of our Realm in precedent ages thought themselves both happy and honourable: and if they had imagined that in future times an Attorney would have stepped up to rail, and revile that religion, calling it rotten and contemptible, & them all blind and deceived people; what an opinion (think you) would they have forestallen of you? and how base and odious a conceit would they have preconceaved against you? especially if they had seen you (as others did that stood near) so carried away with heretical humour, as to wander, and range, and run from your matter in your pleading, to seek occasion of insolent taunts against them in such sort, as your whole subject by your own confession, being of treason, the most of your invective speech was against their religion.  
48. For which cause I thought myself bound to say somewhat in this behalf, principally to that which is proper to the argument of your late book of Reports, here by me answered. For as for the other part concerning treason, and the whole Act of the late arraignment about the same, I have of purpose forborn to speak, as well for that it is a matter not appertaining to my faculty; 
The arraignment of M. Garnet.  as also in regard of the due respect I bear both unto the laws, and customs of my country, my Prince's person, and the honour of that great assembly: in all which I have nothing to complain of (all having passed by order) but only of your extravagant excursions, to confounded religion and treason together: nay to make religion the fountain of treason, and thereby to involve within the hatred of treason, all those that by conscience are tied to that religion, be they never so innocent; than which there can be no greater iniquity imagined.  
49. With M. Garnets' particular cause I will not meddle in this place, he is gone to his last judge, before whom also you, and others that have had part in the handling thereof, must finally appear, to see confirmed or reversed whatsoever hath passed in that affair. As for that which you & others so often urged against him, to confess, that he was lawfully condemned by the temporal law of the land, importeth little for the impairing of his innocency before almighty God. You know who said in a far weightier cause, concerning the trial of our Saviour himself: 
joan. 19  We have a law, and according to this law, he ought to die, for that he hath made himself the son of God; 
The law misapplied against Christ our Saviour Le●●t 24  and their error was not so much in the object, as in the subject: for as for the law itself, we find it in Leviticus that blasphemy (whereof the highest degree was for a man to make himself God) was punishable by death; but the subject, to wit, the person of our Saviour was mistaken, they esteeming him to be only man, whereas they ought to have known, that he was God and man, as well in respect of the predictions of all the Prophets, foretelling that Christ should be the son of God; as also of his stupendious actions, that proved him to be truly Christ: so as though the law alleged by the jew against blasphemy & blasphemers, were true and in force of itself; yet held it not in the person of Christ, but was in the highest degree injurious, as all Christian-men must confess.  
50. Let us see then how from this case of the master, some light may be drawn to that of his scholar and servant. You, M. Attorney, pleaded against him, as the jews attorneys did against our Saviour and said; Nos legem habemus etc. we have a law, that whosoever revealeth not treason by such a space, shall be accessary of treason, and die as a traitor: nor do we deny the law, or complain thereof; but yet if this case were pleaded in a foreign Catholic country, where the prisoner also should have his Attorney allowed him, he would say on the other side: 
The privilege of secrecy to be observed in Confession.  Nos legem habemus superiorem, Ecclesiasticam, Divino iure intentam, qua sacerdos neque mori, neque puniri debet, ob proditionem sub confessionis figillo cognitam, & non revelatam: we have a contrary law, to wit, an Ecclesiastical and spiritual law, higher than your temporal, and a law founded on the law of God, whereby it is ordained, that a Priest shall neither die, nor be punished, nor be accounted traitor, for treason discovered unto him under the seal of confession, and not by him revealed; nay he shallbe punished, & that most grievously, if he do for any cause reveal the same.  
51. And this plea of the prisoners Attorney (which by Catholic doctrine and schools is easily proved in all the parts or members here set down) would presently have been admitted in all Catholic Countries and Courts, and in ours also, while our Kings and people were of that religion, and your temporal law would have been put to silence. Oh, you will say, but now it is otherwise, and we care not for your Ecclesiastical law. Whereunto I answer: 
God's truth always & every where one. Psal. 116.  Veritas autem Domini manet in aeternum. If this law be founded in God's truth & was left unto his Church by Christ himself the fountain of all truth, for the honour and defence of his Sacrament of Confession, as all ancient divinity doth affirm; then must it for ever endure immutable: and now and then, here and there, this country and that country, this and that alteration of religion, or Princes temporal laws, must not alter the case or substance of truth, either in God's sight, or wise men's eyes; and so M. Garnets' case, dying for this truth in England now, is no worse, then if he had died a thousand years gone for the same, either in England or any other Cath. country, that is to say, he dying only for the bare concealing of that, which by Gods, and the Churches Ecclesiastical laws he could not disclose, & giving no consent or cooperation to the treason itself, should have been accounted rather a martyr then a traitor, & no less now.  
52. Which being so, consider I beseech you M. Attorney, what a different reckoning there is like to be between you two, at your next meeting in judgement: you know somewhat by experience how dreadful a thing the form of public judgement is, but not so much as some others, for that hitherto it hath been still your lot to be actor & not reus, predominant both in words & power, and consequently terrible & nothing terrified: but when the time and case shall come, whereof the holy-ghost foretelleth us: 
Sap. 5.  Stabunt justi in magna constantia, adversus eos qui se angustiaverunt. Just men that were overborne in this world shall stand up boldly with great constancy, against those that overbare them: and when the saying of our Saviour shallbe fulfilled: 
Math. 7.  that every man shall receive, & be treated according to the measure whereby he hath measured to others; then will be the day of woe: neither do I say this, M Attorney, to condemn your office, I know that in all times, under all Princes your office of Fiscal-Aduocate or Attorney hath been in use for the Prince's service and good also of the Commonwealth if it be well and moderately used; but yet I cannot but friendly put you in mind of that, which holy S. Gregory doth admonish, where he handleth the cause and reasons why S. Peter, S. Andrew, S. james, and S. john returned to their art of fishing, 
Gregor. 〈◊〉 in 〈◊〉 ●ngel. ●oan.  after the Resurrection of our Saviour, but not S. Matthew to his Custom-howse; to wit, that certain arts and occupations there are more dangerous far, the one than the other, as more subject and incident to greater sins.  
53. In which kind truly, Sir, if any office in the world be dangerous in deed, yours may be accounted in the highest degree, that hath every day almost his finger in blood, or in particular men's afflictions, and overthrows. And albeit the act of justice be laudable & necessary; 
The dangerous state of ●●r English ●●torneyes office.  yet the Actor oftentimes runneth no small danger of his soul through the passions of anger, hatred, revenge, vainglory, covetousness, appetite of honour, and the like affections of mind, which pervert justice, and whereof most straight account must afterwards be rendered for the same.  
54. And if in any part of the world this fiscal office and authority be full of peril, much more in England, where his power is much more absolute then in any other country whatsoever. For that in other Realms the defendant for his life, hath other attorneys, and learned counsel allowed him, as hath been said; but in England all is committed in a certain sort to the King's Attorney only, where the matter any way concerneth the Prince's interest: and albeit he be sworn to be equal, and indifferent between the Prince and his subject, especially in matters of life and death; yet do all men see, how that is observed, the Attorney thinking it his greatest honour to overthrow any man that cometh in his way by all manner of opprobrious proceeding, by scoffs, jests, exprobrations, urging of odious circumstances, tales, inventions, comparisons, rhetorical exaggerations, & the like; which seemed in old time so uncivil, and inhuman against men in misery, that divers States and Commonwealths, though Pagan and Gentile, did forbid them to be used by the Actor, notwithstanding the law allowed them a defender and twice as much time for the defence, as the Actor had for his accusation.  
55. All which points of aid and comfort do fail in our English trial of life and death, and one more besides of singular importance, which is, that the jury commonly is of unlearned men, and thereby easily, either deceived by crafty and coloured arguments of the accuser (not having time to examine, or judgement to discern them) or led by false affections, or terrified by force of authority, which in grave learned judges were not so much to be feared. And by this may M. Attorney acknowledge with me some part of the danger of his office, who by one only word, look, sign, or action, may oftentimes prejudice the blood of the prisoners, that stand at the bar, & much more by so many exaggerations, reproaches, and insolencies used against them. Who remembreth not that late hateful exprobration to the unfortunate Earl, to whom it was objected at the bar: that he thought to be the first King Robert, and now he was like to be the last Earl of that name and house. And the other yet more bitter unto his Secretary Cuff, that you would give him at length such a cuff, as should make his head to reel against the gallows: these things to men in misery, are great encreasmentes no doubt of their calamities, and so much the more, by how much they tasted of insolency, never allowed of by wise and moderate men, towards those that be in affliction or distress. And thus will I end this my first speech with you, referring myself for the rest to that which ensueth throughout this whole Answer.  Cath. Divine.  

A TABLE Of the particular Contents, Chapters, and Paragraphes of this ensuing Treatise.  

THe Preface to the Reader, containing the weight and importance of this our Controversy; whereby may be resolved whatsoever is in question between men of different Religions at this day in England.  
The Answer to the Preface of Sir Edward Cook the King's Attorney General; about Error, Ignorance, and Truth, and way to try the same. Chap. I. pag. 1.  
The state of the Question in general, concerning Spiritual and Temporal Power and jurisdiction: their origen, and subordination one to the other. And how they stand together in a Christian Commonwealth. Chap. II. pag. 23.  
The second part of this Chapter, about the subordination of these two Powers, the one to the other; & different greatness of them both. §. 1. pag. 32.  
The third Part of this Chapter, showing how these two Powers and jurisdictions may stand well together in agreement, peace and union. §. 2. pag. 40.  
The particular state of the controversy with M. Attorney concerning the late Queen's Ecclesiastical Power by the ancient laws of England; deduced out of the case of one Robert Caudery Clerk. Chap. III. pag. 47.  
The second part of this Chapter, with a more clear explication of the Question. §. 1. pag. 57  
Whereas in the case proposed, there may be two kinds of Proofs, the one De jure, the other De Facto; M. Attorney is showed to have failed in them both: And that we do evidently demonstrate in the one, and in the other. And first in that De jure. Chap. FOUR pag. 63.  
The second Part of this Chapter, wherein is showed, that Queen Elizabeth in regard of her sex, could not have supreme Ecclesiastical jurisdiction. §. 1. pag. 74.  
Of the second sort of Proofs named De Facto, whereto M. Attorney betaketh himself, alleging certain instances therein: And first out of the Kings before the Conquest. Chap. V. pag. 92.  
How the Attorney not being able to prove his affirmative Proposition, of English Kings jurisdiction Ecclesiastical before the Conquest: we do ex abundanti prove the negative by ten several sorts of most evident demonstrations, that there was no such thing in that time, but the quite contrary. Chap. VI pag. 103.  
The first Demonstration of the laws made by ancient Kings before the Conquest. § 1. pag. 105.  
The second Demonstration: That the first Ecclesiastical laws in our Country came not from Kings, but from Prelates. §. 2. pag. 108.  
The thid Demonstration: That all Ecclesiastical weighty matters were referred by our Kings and people to the Sea of Rome. §. 3. pag. 113.  
The fourh Demonstration: That Confirmations, Privileges, Franquizes of Churches, Monasteries, Hospitals, etc. were granted by the Pope. §. 4. pag. 124.  
The fifth Demonstration: That Appeals and Complaints were made to the foresaid Sea of Rome, about Controversies that fell out in England. §. 5. pag. 131.  
The six Demonstration: Of the Kings and Archbishops that lived together in our Country before the Conquest, and what laws they were like to make. §. 6. pag. 139.  
The seventh demonstration: Of the concourse of our Kings of England with other Princes, and Catholic people abroad. §. 7. pag● 141.  
The eight demonstration: Of the making tributary to the Sea of Rome, the Kingdom of England. §. 8. pag. 142.  
The ninth demonstration: Of the going of divers Kings and Princes of England to Rome for devotion to that Sea. §. 9 pag. 147.  
The tenth demonstration: Of the assertions and asseverations of divers Kings of England for pre-eminence of spiritual Power. With a Conclusion upon the former demonstrations. §. 10. pag. 151.  
Of the Kings after the Conquest unto our times. And first of the Conqueror himself, whether he took spiritual jurisdiction upon him, or no, by virtue of his Crown and temporal authority. Chap. VII. pag. 155.  
Reasons that show William the Conqueror, to have acknowledged ever the authority of the Sea Apostolic. §. 1. pag. 160.  
Of King William the Conqueror his laws in favour of the Church and Churchmen. §. 2. pag. 165.  
The first Instance of M. Attorney taken out of the reign of K. William the Conqueror, refuted. §. 3. pag. 169.  
Of King William Rufus, and Henry the first, that were the Conquerors sons; and of K. Stephen his nephew: And how they agreed with the said Conqueror in our Question of Spiritual jurisdiction acknowledged by them to be in others, and not in themselves. Chap. VIII. pag. 176.  
Of King Henry the first, who was the third King after the Conquest. §. 1. pag. 180.  
Of the reign of King Stephen, the fourth King after the Conquest. §. 2. pag. 189.  
Of the Reign of K. Henry the second great Grandchild to the Conqueror, & the fifth King after the Conquest, with his two sons K. Richard and K. john; and their comformityes in this Controversy. Chap. IX. pag. 196.  
Of the Reign of K. Richard the first, the sixth King after the Conquest. §. 2. pag. 208.  
Of the Reign of K. john, who was the seventh 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 written. And what M. Attorney allegeth out of him for his purpose. Chap. X. pag. 232.  
Two Instances alleged out of the reign of K. Henry the third by M. Attorney and of what weight they be. §. 1. pag. 245.  
Of the lives and reigns of K. Edward the first and second, Father and Son. And what Arguments M. Attorney draweth from them, towards the proving of his purpose. Chap. XI. pag. 256.  
Of K. Edward the first, who was the ninth 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 successor: And what Instances or Arguments M. Attorney draweth from their two reigns, which continued between them for seventy years. Chap. XII. pag. 285.  
M. attorneys objections out of the reign of K. Edward the third aforesaid. §. 1. pag. 292.  
Of the reign of K. Richard the second, the twelfth King after the Conquest. §. 2. pag. 308.  
Of the three King Henry's of the house of Lancaster, the fourth, fifth and sixth, who reigned for the space of threescore years. And what is observed out of their reigns concerning our Controversy with M. Attorney. Chap. XIII. pag. 312.  
Instances alleged by M. Attorney, out of the reign of K. Henry the fourth, who was the thirteenth King after the Conquest. §. 1. pag. 315.  
Out of the reign of K. Henry the fifth, that was the fourteenth King after the Conquest. §. 2. pag. 322.  
Out of the Reign of K. Henry the sixth the fifteenth King after the Conquest. §. ●. pag. 326.  
Of the Reign of faure ensuing Kings, to wit Edward the fourth, Edward the fifth, Richard the third, and Henry the seventh: And how conform they were unto their Ancestors in this point of Controversy we have in hand. Chap. XIIII. pag. 328.  
I●st●nces out of the Reign of K. Edward the fourth, the sixteenth King after the Conquest. §. 1. pag. 331.  
Out of the R●igne of K. Henry the seventh, who was the nynteenth King after the Conquest. §. 2. pag. 337.  
Of the Reign of K. Henry the eight, and of his three Children, King Edward Quern Mary and Queen Elizabeth: And how the first innovation thou't Ecclesiastical jurisdiction was made, and continued in their days. Ch●p. XV. pag. 341.  
The answer to certain Instances of M. Attorney out of the Reign of K. Henry the eight §. 2. pag. 351.  
Of King Edward the six, the one and twentieth King after the Conquest. §. 3. pag. 357.  
Of the Reign of Queen Mary, the two and twentieth Princess after the Conquest. §. 4. pag. 359.  
Of the Reign of Queen Elizabeth, who was the three and twentieth Princess after the Conquest, and last of K. Henry's race. §. 5. pag. 361.  
Certain Expostulations with M. Attorney, about evil preceding, & injuries offered to divers sorts of men in this his book of Reports, especially to ●ards the end thereof: Together with the Conclusion of the whole work. Chap. XVI. pag. 368.  
The first expostulation, in the behalf of Recusant-Catholickes of England, grievously injured by M. Attorney. §. 1. pag. 369.  
The second Expostulation, in the behalf of all English Catholics in general. §. 2. pag. 376.  
The third Expostulation, in the name of all moderate and peace-loving subjects whatsoever. §. 3. pag. 384.  
An Index or Table of the particular matters contained in the whole work.    

THE PREFACE TO THE READER. Concerning the weight, and importance of this our Controversy; whereby may be resolved whatsoever is in question between men of different Religions at this day in England.  
ALBEIT the moment, and utility of that we have in hand (discreet Reader) will best be seen by perusal of the Treatise itself, and by thy judicious consideration thereof: yet for thy better encouragement to this labour, and to stir thee up to more attention herein; I have thought good, to touch some points in general, at this first entrance, remitting the larger, and more particular declaration thereof, unto that which is to ensue throughout the whole discussion of the Controversy.  
2. First then, to pretermit the whole view of our English Christian antiquities, which here by fit, and necessary occasion is searched & laid open, together with the lives, and laws, government, and Religion of all our Christian Kings, both before and after the Conquest; 
The important weight of this controversy.  This one point seemeth to me to be of most moment for the present; that whereas under the reign of Queen Elizabeth (about whom principally is our question) three sorts of Religion did stand up, & strive together (and do unto this day) the Protestant, the Puritan, ●nd the Catholic: their whole contention seemeth to me to lie within the limits of this Controversy, moved by M. Attorney about Q. Elizabeth's spiritual jurisdiction, and that out of the same, the whole may easily be determined, as presently you shall see.  
3. For whereas there are two principal parts of any Religion whatsoever; the one, doctrine or precepts, for instruction; the other, power and authority, for direction, and government; 
Two parts of Religion.  albeit the first be the ground, and foundation whereon to build, and work; yet is the second that which giveth life, and motion to the former; and must try and judge the same: for that in every religion or society of men, professing one, and the self same faith, those that are the chief members thereof, & presumed to ●aue principal power and spiritual jurisdiction therein, are they that must authorize, discern and justify the doctrine thereof to their followers. For as S. Augustine said in ●is days to the manichees that pressed him to believe certain things out of the scripture in their sense: That he would not believe the gospel itself to be the gospel, except the authority of the Church did move him thereunto: 
August. contra epist. Fū●●menti. cap. 5.  that is to say, the chief governors of the Church, and such as had chief spiritual authority therein from time to time: of whom Christ meant when he said: 
Math. 18  Dic Ecclesiae, denounce it to the Church; and again. If he hear not the Church, let him be to thee, as a heathen, or publican: so in like manner must we say in these days, nor have we any other reasonable answer, why we believe any one book of the new, or old Testament to be scripture (that is to say to contain doctrine of the holy ghost, and not of man) but for that the governors of our Church, which have spiritual power among us, do tell us so.  
4. Yea, all Sectaries likewise, of what sort or sect soever, are forced to follow the same rule; for that whatsoever they admit to be scripture, they admit the same either upon the credit of our Church, and governors thereof, or of their own, or of both; but especially indeed of their own, which is seen by their doubting or rejecting of any parcels of scripture, doubted of, or rejected by their own leaders, though admitted by ours. As for example, the book of wisdom, 
See Magdebar. Gen. 2. li. 2. cap. 3. col. 41. 42. & deinceps. Magde. ibid. Col. 53. 54. & deinceps.  of Toby, judith, Ecclesiasticus, the first and second of Maccabees, and other parcels of the old Testament, rejected by Luther, and Lutherans; as also the Epistle of S. james, the second and third of S. Peter, the apocalypse, and other pieces of the new testament, which our Church admitteth simply. But Calvin, and Caluinists, though expressly they reject them not with the Lutherans, as appeareth by our English Church, where they are left to stand in the Bible: 
See Calvin l. 1. instit. cap. 11. & lib. 3. cap. 5.  yet is their admission so could, and conditional, as it may rather seem a courteous dismission, than any way a faithful, or confident acceptation.  
5. And the same may be said of any other particular point or points of doctrine of any Religion, or sect whatsoever; the leaders, or governors that are presumed to have chief authority, must judge and discern, distinguish, expound, and determine, what is to be believed or not; what is to be held and taught, or rejected; and finally, what is to be done and practised; what Sacraments, what Ceremonies, what Customs are to be used, how, where, and when; And last of all this second part of power and authority, rule, order, government, and jurisdiction is that, which giveth light, direction, and life to every religion. And for so much as there can be but one true, that can bring us to salvation; 
True power and spiritual jurisdiction the only ●●e ●uide to salvation.  it followeth, that wheresoever this true spiritual power, and jurisdiction is found, there is the only true religion also, which a man may securely follow: yea, that under pain of eternal damnation, he is bound to follow, for that this authority will lead him to life everlasting, Christ having given the keys of heaven thereunto, that is to say, 
Math. ●●. & 18.  full power to shut and open heaven by binding or losing sins upon earth; and that in such sort (saith S. Chrysostome and all other ancient Fathers with him) that the Court or Tribunal of heaven standeth expecting, what is done upon earth to confirm the same there: 
Chrysost. lib. 3. de ●acer. & 〈◊〉 4. & 5. de verbs 〈◊〉.  for so much, as ever since this admirable, universal, and dreadful authority was given (say they) by Christ upon earth, 
D Hier. epist. add  unto the Governors of his Church, nothing is done in that Court of heaven, but by presidence, and predetermination of that which is done, 
Heliodor. de vital solitaria. Hilar. Can. 16 in Mat. & alij alibi.  or sentenced in the Tribunal of the militant Church on earth; that is to say, he that is here absolved, is absolved there, & he that is here condemned, is condemned there, without remission. Whereof also the said Fathers do infer, that to find out this authority, and to follow the same, and the direction thereof, is the only sure way to salvation. And that the erring herein, either wilfully or of ignorance, is the most certain path to damnation; for that by no other ordinary means (since this Commission given, and authority instituted among Christians) is any grace, favour, pardon, light, direction, or other spiritual benefit to be received from God, but by way of this subordination of spiritual authority appointed in his Church.  
6. Wherefore all hope of life depending, as you see, of this sovereign point so as whosoever erreth in this, erreth in all; each man will easily consider how much it importeth him to look well thereunto, and to stand attentive and vigilant in the discussion thereof; to see whence, and how, and by what means, and from what sourge and fountain, this authority and spiritual jurisdiction is derived: 
Three grounds of spiritual authority supposed by three different religions.  In which point the three professors of different religions before mentioned, do principally differ, and distinguish themselves. The Protestant deducing this spiritual power from the temporal Prince (or rather Princess under Q. Elizabeth.) The 
* See Cartwright, junius, & other of then alleged in the Survey of pretended discipline. Cap. 16. Rom. 13. Math. 24  Puritan from the people. The Catholic from the succession of Bishops from Christ's time down wards, and especially from the highest, which they hold to be S. Peter, and his successors. And which part soever of these three hitteth right, goeth happily & securely, & the other two do run to everlasting perdition.  
7. The Protestant for his ground, hath those sayings of scripture: That all orderly authority is from God. That we must give to Cesar, that which is Caesar's: That Princes are to be honoured, and obeyed for God; 
1. pet. 2.  and Kings, as highest in dignity, and that he which resisteth lawful authority, resisteth God's ordination: and thereby incurreth damnation etc. 
The foundation of the Protestants assertion.  All which the other two parties granting, do affirm to have been understood of temporal authority only, for governing the Commonwealth; and not of spiritual for governing of souls, which they prove: for that all Kings, and Princes were then infidels, and especially the Roman Emperors of whom this was principally meant, who by these places of scriptures, cannot be said to have received Commission, to govern the Christian Church, which was in their times, and under their dominions; but only in temporal matters, and Civil affairs. And that the spiritual power and jurisdiction whereof we talk, was at that time in another sort of men, to wit in the Apostles and their successors, which were Bishops, according to the testimony of S. Paul in the Acts of the Apostles, 
Acts 20.  speaking unto them, and saying: The holy Ghost hath placed you Bishops to govern his Church which he hath purchased with his own blood.  
8. The Puritans, 
Puritan grounds. Acts 1.23.  or rigid Caluinists have for their ground, certain elections made by the people, and recorded, as well in the Acts of the Apostles, as in other histories of the Primitive Church: as for example when they chose two in the place of judas, to wit, joseph, and Mathias, to be determined by lot which of them should be. And when afterward they chose S. Stephen, 
Acts 6.5.  & six others to supply the place of Deacons, & many times afterward in the primitive Church we read, that the people did choose or name their Bishops. But to this, the other two parties do answer, that in the first two examples, out of the Acts of the Apostles, it is evident by the Text, that those elections, or nominations were permitted to the people, by the Apostles themselves, for their comfort and encouragement; but that the parties so chosen, had, & received their authority & spiritual jurisdiction from the Apostles themselves. And the like is answered for the times ensuing, wherein the Bishops did oftentimes permit the said electios to the people, for their greater contentment, & consolation in those days of persecution, to choose & nominate for their Bishop & Pastor the man whom they best liked, who afterward was invested & consecrated by the said Bishops notwithstanding: & took his jurisdiction, and spiritual power from them, to whom properly that power and authority belonged, to ordain, both Bishops, and Priests, as we see the Apostles themselves did every where, and gave the like authority to others ordained by them. As we read, that S. Paul having made Titus Bishop of Creta, gave him order also to ordain: ut constituas per civitates presbyteros, sicut & ego disposui tibi. 
1. Tit. 5.  That thou ordain Priests for Cities, as I have appointed thee.  
9 The Catholics for their ground have this: That Bishops only, & Priests were made spiritual governous of Christ's Church by Christ himself, and so continued vader Infidel Emperors for three hundred years together, 
Grounds of the Catholics for spiritual jurisdiction.  until the time of Constantine the great, that was first converted, as afterward more largely will be showed in due place; and that this authority is to continue in lawful succession of Bishops, by ordination, and imposition of hands, until the world's end. And that neither temporal Prince can have this, except he be also Priest, and received it by the same ordinary way of ordination and succession (whereof Q. Elizabeth was not capable) and much less the common people, except only by permission, to elect and nominate, as hath been said: whereof ensueth that if they have not this spiritual authority in themselves; much less can they give it to others. And thus according to the Catholics judgement, do fail the grounds, both of the Protestant, and Puritan in this great affair: and failing in this, do fail in all the rest; for that of this, dependeth all, as before hath been said.  
10. For if in their Religions, there be no true authority spiritual, or jurisdiction, derived by ordinary means, and succession from Christ; 
Important consequences.  then are they awry in all, nor have they any true authority, to preach, administer Sacraments, absolve, or bind from sins, judge of doctrine, determine or decree of any spiritual action whatsoever; nor are they within the compass of Christ's Church, or state of salvation, as by necessary consequence doth ensue; and the like of the Catholics, if they in this point be amiss  
11. And hereby we may see the importance now of this controversy, between M. Attorney and me, as also their shallow understanding (if they speak as they think) or rather malicious folly (if they do not) who affirm every where in their books against Catholics, 
Sir Francis Hastings against the ward-word & M. Sutcliffe in his defence.  that Protestants and Puritans are but only iarring-brethrens, and reconcilable between themselves, and that their differences are not in principal points of Religion, but in certain lesser things, and ceremonies. For that this being indeed, not only so substantial a point of doctrine, as before you have heard; but containing also the whole second part of Religion before mentioned (to wit, all that belongeth to power, authority, government and jurisdiction) by which Religion hath her life, virtue, force, and efficacy: It is easily seen, how vain, and false, or rather ridiculous and pernicious the other assertion is, and if we well enter into the examination of particulars, we shall easily see the same.  
12. For suppose (for examples sake) that the Protestants ground be true, that all spiritual jurisdiction, force, and efficacy thereof came unto their Church in Queen Elizabeth's time, by her, and from her, out of the Right of her Crown; & that the Puritans ground be false, who pretend the same from the people, I mean from their own Congregations, Classes, & Presbyteries (for no other gave it them) what followeth of all this? No doubt, it must needs follow, by manifest consequence of truth, that the Puritans have no authority, or spiritual jurisdiction in the Church of God at all, nor are lawful Pastors, but usurpers, and intruders; 
Puritan and Protestants grounds uncompatible.  and that they entered not by the door, as Christ saith, but by other means: that is to say, not by the ordinary door of lawful vocation, ordination, and succession of Priesthood. Of which door the Apostle S. Paul made such high account, as having set down that uninersal proposition to the Hebrews: 
Heb. 5. 2. paralip. 10.  Nec quisquam sumit sibi honorem, sed qui vocatur a Deo, tanquam Aâron. That no man taketh unto him the honour of being a Bishop, or Priest, but he that is called by God thereunto, as Aâron was in the old law. 
Psal. 2.  After this (I say) he passeth on to prove, that Christ himself the son of God, took not this honour of high Priesthood upon him, but by the public testimony of his said Father's vocation, set down by the Prophet David, many hundred years before he was borne. Tu es sacerdos in aeternum secundum ordinem Melchisedech. 
Psal. 1  Thou art a Priest for ever, after the order of Melchisedech, and not of Aâron. And according to this high order of Melchisedech, that was both King and Priest, and whose sacrifice was not of beasts and birds, as those of Aâron, but of bread, and wine only, to prefigurate the most pure, and holy sacrifice, that Christian Priests were to offer afterward to the worlds end, of the body and blood of Christ, in like forms of bread and wine, as all ancient 
* Cyprian. l. 2. ep. 3. August. l. 16. de Civit. Des. cap. 22. & l. 1. contra advers. leg. & Proph. cap. 2. & lib. 2. cont. lit. Petil. c. 37. Chrysost. hom. 35. in Gen. Clem.  Fathers do expound it: Of this order (I say) Christ being high Priest, made all his Apostles Priests, and they others after them, and they others again, by the ordinary way of ordination, imposition of hands, and succession, which hath endured from their time to ours, and shall from ours, until the day of judgement.  
13. And this ordinary door (so called by Christ our Saviour) of entering into spiritual authority, and jurisdiction over his flock, is of such high esteem and importance, that as the first general door, 
Alexand. lib. 4. storm.  whereby a man must enter to be a sheep in the said flock, to wit Baptism, is a Sacrament, not reiterable, 
Ambros. l. 4. de Sacram. c. 3. Hierom. in cap. 1. ad Titum. & alij. joan. 10.  and so absolutely necessary, as no man can enter by any other way: so likewise this other particular door of entering into Prelacy, or Pastor-shipp over Christ's flock, was ordained a Sacrament by our Saviour, no less necessary for distinguishing thieves, robbers, and intruders, from true and lawful Pastors (to use our saviours similitude) than the other of Baptism, to distinguish sheep from wolves, and Christ's flock, from Infidels and others of the synagogue of Satan.  
14. And now in all this which we have spoken by occasion of the Puritans pretence, to enter into spiritual government over Christ's flock, by voice and choice of their own people, we do not much differ from their Master and Doctor john Calvin, who confesseth that this door or entrance to the Clergy by lawful vocation and ordination, is so necessary, as if it be not observed, all would grow to confusion, and no man could know, who hath spiritual jurisdiction over souls, and who hath not. 
Calvin. lib. 4. instit. cap. 19 §. 31. & 14. §. 31.  And further he confesseth that albeit be appoint but two general Sacraments for all sorts of people, Baptism (to wit) and the Lords supper: yet he granteth this Ordination of Church-ministers, to be a true Sacrament also, and to have promise of grace annexed unto it, as other Sacraments have, but that it stretcheth not so far, as the other two do; but is particular for ministers and Clergymen only.  
15. But then if we press him, how he, and his came in by this door; he and they have no other shift, but to say, that their first masters and teachers entered in by this ordinary vocation and ordination of our Bishops (for others there were none at that time to call; or ordain them) from whom afterward they disjoined themselves in doctrine, to join with the Apostles. And this is the leap they make from our age to the Apostles time.  
16. But suppose they could say this of their first teachers, that they had their ordination, and consequently also their vocation and spiritual jurisdiction from our Bishops; yet afterward when they fell to different doctrine, and for that cause were cut of by excommunication from them, and especially now when the said first teachers are dead and gone; they can have no other assurance of their vocation of ministery, then from the people of their own sect, in their Presbyteries, as before hath been said: which how much it is, or whether it may be any thing at all, shall 
* Infra cap. 2.  afterward be discussed.  
17. Now it shall be sufficient only, for the argument of this Preface, concerning the weight, and importance of this Controversy we have with M. Attorney about spiritual jurisdiction, that we consider, and bear in mind the different origen, from which each party of the foresaid three professors of Religion, do pretend to derive their right and interest to the said spiritual jurisdiction, which they exercise. And what side soever erreth therein, erreth also in the main mark of their salvation, and doth draw both themselves, and their followers to everlasting perdition. And furthermore that the difference & contrariety in this point, is much more between Puritans and Protestants, then between them both and Catholics: For that they both do grant and cannot deny, but that the deduction of spiritual jurisdiction in our Catholic Prelates, 
The Protestant and Puritan yield more in deed, to the Catholic then to each other.  hath come down lineally, and successively by ordination, and imposition of ●ands, the one of the other, from the Apostles time, though declined (as they say) in doctrine. But we, on the contrary side, do infer the surety of our doctrine, by the certainty of this succession of Priestly power, and spiritual jurisdiction. For that wheresoever this is truly to be found, which cannot be but in the true Church; there also hath Christ assured us, that by his omnipotent power and presence, the purity, and certainty of doctrine shall ever in like manner be infallibly conserved.  
18. But to the Protestant, the Puritan doth not yield thus much by many degrees, and much less the Protestant to the Puritan. For they do not grant the one, to the other, that they have true ordination of Priests and ministers among them, as to us they do: in s●gne whereof, if any Priest of ours do fall to their side● they give him no new orders, but think him sufficiently ordained by us, to minister in their Church, which the Protestant doth not admit in Puritan ministers, 
The Protestant and Puritan ministers not admitted the one by the other.  but that they must be ordered again by their Bishops, as having no Orders before; nor yet the Puritans with the Protestant-ministers when they turn unto them, but do appoint, that he renounce his former Orders in their Congregation, or Presbytery; and by new imposition of hands of the said Presbytery he be ordained a new minister in that profession: so as by opinion and estimation of the Protestant-religion, the Puritane-ministers are mere lay-men, taking upon them spiritual jurisdiction over souls without any lawful authority, or commission at all; and consequently have no power to preach or teach, or administer Sacraments, and much less have they that high, and excellent judicial authority to bind, or loose sins. 
What the Puritan is to the Protestant by this ground of spiritual power.  And that which followeth also of this, that they have no Sacraments at all, no Clergy, no ministery, no sacred or divine thing; but are only a lay company of men and women, joined together in a certain worldly secular society, as Fishmongers, Ironmongers, Drapes, and other like companies in London. And the same opinion have they of the Protestants, and of their Church.  
19 And by this you may see, how far they differ in substance of religion (though sometimes for fashion-sake they call themselves Brethren) more indeed then both of them from us, as before hath been said; which proceedeth from this main ground & Principle, to wit, from whence each part draweth their Ecclesiastical Power, & Spiritual jurisdiction over souls: for that this being once found out, all the rest is easy and clear, for so much as this true spiritual authority, can be but in one party, and in one Church only, which is the true: and wheresoever it is found, there is assurance also of all truth, Christ having promised us, that this Church, and the true Pastors thereof shall not deceive us, 
Mar. ult. Luc. 10. 1. Tim. 3.  nor be deceived. And therefore that we may boldly, and confidenlie hear their voice, and do that which they bid us, though otherwise in life, and manners, they should be as bad as Scribes and pharisees. 
Mat. 23.   
20. And on the other side where this true authority, and lawful jurisdiction is not, there we must not believe, though they speak never so fair, for that we are foretold and foretaught, 
Mat. 7.  that they are but wolves in sheep's apparel, false prophets to deceive, thieves and murderers to kill and destroy, 
john. 10.  & other such forewarnings left unto us by Christ and his Apostles. All which ought to make us vigilant, attended, diligent, & curious to understand really the truth about Spiritual jurisdiction, which in the ensuing Treatise is handled, so far forth, as M. Attorney hath given occasion, though nothing so largely, as the thing itself might be discussed; but yet sufficiently for every discreet man to see the grounds, and with that modesty also (I hope) as may justly offend no man. And so I shall now pass on, to join with M. Attorney more nearly in the main battle, if first by the way (as it were of skirmish) we shall answer somewhat in like manner to his Preface, wherein divers points are not unworthy of consideration.   

THE ANSWER TO THE PREFACE of Sir Edward Cook, THE kings ATTORNEY, About Error, Ignorance, and Truth: and way to try the same. CHAP. I.  
BEfore I come to discuss the Preface itself, which I purpose to set down wholly as it lieth in the Author, it shall not be amiss perhaps (Gentle Reader) to speak a word or two, concerning the Title, whose inscription is. Reports of divers Resolutions; and judgements, given upon great deliberation in matters of great Importance and Consequence, by the Reverend judges, & Sages of the law: together with the Reasons & Causes ●f their Resolutions, and judgements published. etc. 
The Title examined.  By which words of ●reat Deliberation, great Importance, and Consequence, Reverend Sages, & the like, M. Attorney like a studious Rhetorician procureth to purchase credit, and estimation to this his work of Reports. Albeit I be confident to the contrary, that upon the ensuing search, ●hese Reports directed by him to the impugning of Catholic religion (being only bare and naked Reports indeed without proof or reason alleged at all) will neither prove so grave Resolutions & ●udgements, nor to have been given always upon so great deliberation, ●or of so great importance, & Consequence as he pretendeth; and that when the reasons, and causes thereof shall be examined, they ●ill rather overthrow, than establish his principal conclusion; wherein I remit myself to the event.  
●. There followeth the same title to knit up the page, this plea●●ng sentence of Cicero in his Tusculane questions. Quid enim lae●ro, nisi ut veritas in omni quaestione explicetur, verum dicentibus facilè ce●●m? 
Cicer ●ib. 3. Tus●●●. quaest.  What do I endeavour, but that the truth should be laid open in every question, with resolution to yield to them that shall speak the truth. This sentence (I say) giveth me great comfort, if M. Attorney will do as he insinuateth, and follow the indifferency of his Author alleged, 
The indifferency required in treating this controversy.  who in the matters he handled (which were of philosophy) is known to have been so equal, as he was not well resolved, what part to take. Yet do I not exact, so much equality in this our controversy of divinity (presuming my adversary to be preoccupated with the prejudice of one part) but shall rest well satisfied with his desire, to have the truth examined in every point; and much more with his readiness, to yield unto her, wheresoever she shall be found.  
3. And with this I shall pass to his Preface noting only one point, or two more, by the way, whereof I shall have occasion to speak again afterward. The first is, that whereas this book of Reports is set forth with two distinct Columns in every page, the one in Latin, the other in English, the Title or superscription of the one runneth thus. De iure Regis Ecclesiastico. The other hath this interpretation, Of the King's Ecclesiastical law. As though the word Ius (which signifieth Right) were always well translated by the word Law. 
The word Ius, extendeth itself further than Lex.  Whereof afterward he seeketh to make his advantage. But the error or fraud is evident, for that the word Ius, hath a much larger signification, than Lex, which may be proved, as well out of ancient Lawyers, as Divines. For that 
a ●●lu●ss de Iusti●ia & ●●re.  Paulus Iurisconsultu● doth affirm the word, Ius, to be extended, ad omne quod quovis modo bonum & aequum est; to whatsoever is any way good or right. And then, in another signification the same 
b Ibidem ●●lus.  Paulus doth say that it signifieth, Sententiam judicis, The sentence of the judge. And in another signification 
c 〈◊〉 & Cel●us ibidem.  Ulpian, and Celsus two ancient Lawyers take it for the science, & skill of law. And 
d 〈◊〉 5. cap● ●.  Aristotle in his Ethics, pro omni eo quod est legitimum. for all that which is any way lawful. And so S. 
e 2● q. 57 art. 1.  Thomas, and other School-devines do affirm, Ius, to be obiectum justitiae, the object of justice, that is to say about which all justice is exercised. And finally 
f ●ib 5. E●ym●l. c. 3.  Isidorus saith, Lex est species juris, Law is a branch or kind of right: and consequently M. Attorney doth not so properly throughout his whole book interpret Ius by the word Law; which I would not have noted so largely, but that he being so great a lawyer, had obligation to speak more exactly; though no man deny, but that Ius and Lex may sometimes be taken for the same, but not ever, nor properly in this case. For that the question is not, nor was not of Q. Elizabeth's Ecclesiastical laws but of the right she had to make such laws.  
4. The second point, worth the noting is, that whereas both the title, and subject of all this book, is of the King's Ecclesiastical law. M. Attorney in the whole Course thereof, from the beginning of our Christian Kings unto K. Henry the eight, (who were above an hundred & twenty in number) never citeth so much as one Ecclesiastical law made by any of them. For that, they being Catholics, made not, but received Ecclesiastical laws, 
That temporal Princes make not ecclesiastical laws but receive them.  from such as had authority to make them, in the Catholic Church. And such later Statutes, Decrees, and Ordinances as were made by some later Kings, from K. Edward the first downward, for restraint of some execution of the Pope's ecclesiastical power, in certain external points, were not made by them, as ecclesiastical, but as temporal laws, in respect of the common wealth, for avoiding certain pretended hurts, and incommodities thereof. And M. Attorney is driven to such poverty, & straits in this case, as not being able to allege any one instance, to the contrary, out of all the foresaid ages: he runneth every where to this shift, that the Pope's Ecclesiastical, and Canon laws, being admitted in England, m●y be called the King's ecclesiastical laws, for that, they are admitted, and allowed by him, and his realm. In which sense, the evangelical law, may be called also the King's law, for that he admitteth the Bible. But of this we shall have occasion to speak more often afterward. For that M. Attorney doth often run to this refuge. Now then to the Preface in his own words.  

The Attorney to the Reader.  
It is truly said (good Reader) that Error (Ignorance being her inseparable twin) doth in her proceeding, 
Of Error, and Ignorance.  so infinitely multiply herself, produceth such monstrous and strange chimeras, floateth in such, and so many incertainties, and sucketh down such poison from the contagious breath of Ignorance; as all such into whom she infuseth any of her poisoned breath, she dangerously infects, or intoxicate: and that which is wonderful, before she can come to any end, she bringeth all things (if she be not prevented) by confusion to a miserable and untimely end. Naturalia & ve●é artificialia sunt finita. Nulius terminus false Error immensus.   

The Catholic Divine.  
5. To this so vehement accusation of Error and Ignorance, I could  
10. Moreover our Divines do handle this matter of Ignorance so exactly in all their writings, as by treating of Ignorance, they prove themselves not ignorant, but most learned. For first defininge Ignorance in general to be want, or lake of knowledge, they distinguish the same into two sorts The one Negative, the other Privative. 
The definition, & division o● Ignorance See 2. dist. q 42 & D. The 2●. q. 76 art. 1. 2. ●.  And as for the Negative, which importeth only a simple, & pure want of science, it is not reprehensible of itself, for that it might be in man, even before his fall in the state of innocency, & is now in Angels & other Saints in heaven; for that they do not know all things which may be known (this being proper to God alone.) 
Ignorance negative  Albeit they know so much as is sufficient, to their everlasting beatitude. So as this kind of Ignorance may stand with blessedness in heaven: 
Eccles. 5. Rom. 12. job. 9  And upon earth also the Scripture signifieth that it is lawful, and good for men to be ignorant in many things, & not to know, or desire to know more than is needful, which leadeth to curiosity, and this of Ignorantia negativa.  

Ignorance privative.  11. Privativa ignorantia is that which depriveth a man of some knowledge, which he may and aught to have. And unto this, our Divines do show that Error doth add an approbation of that which is false, either in judgement, or will. And unto Error, heresy doth add yet further, pertinacity, and obstinacy, of will especially. And these are the four degrees of Ignorance in this sense, to wit, Negative, Privative, Erroneous, and Heretical. But now this privative Ignorance is subdivided again into divers other members, and branches. 
diverse sorts of privative Ignorace  As for example into Voluntary, and Vnuoluntary Ignorance: and Vnuoluntary hath two degrees. The one that is altogether unvoluntary, so as by no diligence of ours it could be avoided, and therefore by Divines is called Invincible: 
D. Thom●●. 1 pag. 101. & ●. 2. q. ●. art. ●● q. ●●. art. ●.  and this is so far of from being a sin, or causing sin, as it doth excuse any sin whatsoever. For if a man should kill his own father not knowing him, or what he doth at all, nor any way concurring to the said Ignorance; he were to be excused, I doubt not, even by M. Attorneys law.  
12. The other sort of unvoluntary Ignorance, called Vincible is that which albeit it proceedeth not of our own will directly, yet with some kind of diligence, it might have been avoided, and prevented, and according to this it may be culpable, or unculpable. Voluntary Ignorance also may be either, effect●ta that is willingly procured, either in itself, or in her cause, or by some gross negligence, not avoided; and this either antecedenter, consequenter, concomitanter, in facto, vel in iure, and other considerations, and circumstances, which Catholic Divines do prescribe, for discerning or judging of men's sins, and offences, according to knowledge and a good conscience. And in this are they occupied, whilst Protestants stand crying out and exclaiming against Ignorance in general; and that for the most part so ignorantly, as in nothing more they show their ignorance, then by such manner of impugning Ignorance. I will not apply this to M. Attorney, whom I take in his art to be a man of much science, yet is his speech in this place considerable for his degree. 
Strange speeches of imagined ignorance by the Attorney.  Error (saith he) doth in her proceeding (he should have said (his) according to the gender) so infinitely multiply herself, produceth such monstrous and strange chimeras, floateth in such and so many incertainties, as all such into whom she infuseth any of her poisoned breath, she dangerously infects or intoxicate. A strange and sharp invective; for all men, more or less, do err; if we believe either God's word, or our own experience. Some ignorance also is inavoidable, some excusable, some laudable, some tolerable, some culpable, and some inculpable; as before it is showed; and being but a privation, or negation, how cometh she to have such poison, and so contagious a breath, as here she is accused to have, without any distinction at all; seeing that in some degree she is also in Angels, as hath been said; and may be in good and most learned men upon earth, as holy job testified of himself. 
job. 9  Si simplex fuero (saith he) hoc ipsum ignorabit anima mea. If I be simple, or innocent (in the sight of God) yet shall my soul be ignorant of this: to wit in this life. To which purpose the holy Ghost saith in another place: Nescit homo utrum amore an odio dignus fit. 
Ecclesiastes 9  A man knoweth not (in this life) whether he be worthy of love, or hatred before God. And again: Nescit homo suum finem. A man knoweth not his end. And none of these ignorances are reprehended. Nay S. Paul doth commend and counsel ignorance to the Romans in many things, writing thus. I say unto you all by the grace of Christ, which is given unto me, that you go about to know no more, than you ought to know, but that your knowledge be to sobriety. 
Rom. 12.  And this is Catholic sober doctrine of science, & ignorance, whilst sectaries do intemperately brag of knowledge, and object ignorance to others.  
13. And surely I cannot but marvel, 
Sir Francis Hasting● in his Watchworde.  with what show of reason, this Knight Attorney here now, as also another knight Puritan not long ago in his writing should object so confidently Ignorance to Roman catholics of these our days. For if we cast our eyes upon any kind of learning whatsoever, that may be handled by learned men, and skill showed therein, whether it be divinity, or other science, the catholics are ten for one in number in all pre-eminence before any one sect of our days, or all put together. Look over all sciences, 
No● 〈…〉 variety or depth of learning.  & writers thereof at this day, as of Eloquence, skill of tongues, Philosophy, Mathematic, histories, and the like; number the authors, consider their substance, weigh their estimation, and see whether it be not so, or Noah, even in the opinion of all protestant students.  
14. And as for theology which is the principal subject, whereas they handle only one, or two parts of positive Divinity; to wit controversies, and the text of Scripture, we handle not only the same much more abundantly, as appeareth by our writers, both of controversies, and commentaries; but do handle two other parts also of much more importance, which is, scholastical, appertaining to knowledge, & moral for direction of men's consciences in practice; both which are wholly wanting in Protestant schools.  
15. And this being so as by the eye is evidently verified to him that will look upon it, how inept and ridiculous is it, that every Sectary beginning to write against us, 
Why every Catholic hath more knowledge than an hundred secta●●.  shall presently take his exordium from objecting Ignorance, whereas every mean learned Catholic man, by verdict of common sense and reason (if no other proofs were) must needs be presumed to have more knowledge, than a hundred sectaries together. For that he following in his knowledge, and learning (touching all points of his faith) the knowledge, learning, wisdom, and authority of the universal Catholic Church, consisting of infinite, wise, and learned men, and directed by the highest wisdom of God himself; he maketh all their wisdom, his wisdom, their knowledge, his knowledge, and their learning his learning, in this point of his salvation. Whereas the sectary following his own sense, and brain, each one in his fancy, is alone as you see, and hath no true knowledge, learning, or wisdom at all, though he brag never so much of special knowledge, and illumination, as before you have heard, out of Tertullian and Irenaeus to have been their ancient spirit, and will be to the world's end. And this shall suffice to this point. Now will M. Attorney pass to another, of the commendation of Truth; as though that were with him, and his. And we shall follow him, to examine that point also, as we have done this other about Ignorance.   

The Attorney.  
On the other side Truth, 
2 Of truth●.  cannot be supported, or defended by any thing, but by Truth herself, and is of that constitution, and constancy, that she cannot, at any time, or in any part, or point, be disagreeable to herself. She hateth all bombasting, and sophistication, and bringeth with her certainty, unity, simplicity, and peace at the last. Putida salsamenta amant origanum, veritas pèr se placet, honesta per se decent, falsa fucis, turpia phaleris indigent. Ignorance is so far from excusing, or extenuating the error of him, that had power to find out the truth (which necessarily he ought to know & wanted only will to seek it) as she will be a just cause of his great punishment. Quod scire debes, & non vis non pro ignorantia, sed pro contemptu habers debet. Error, and falsehood, are of that condition, as without any resistance they will in time of themselves fade and fall away. But such is the state of Truth, that though many do impugn her, yet will she of herself ever prevail in the end, and flourish like the palm-tree: she may peradventure by force, for a time be trodden down, but never by any means whatsoever can she be trodden out.   

The Catholic Divine.  
16. None do more willingly hear the commendation of Truth than we, who say with S. Paul. 
2. Cor. 13.  We can do nothing against truth, but for truth. And therefore do I willingly join with M. Attorney in this point of praisinge Truth. We do mislike also, no less than he, all bombasting, and sophistication: 
Truth vainly commended by Sectaries.  neither are we delighted with stinking saltfish, that had need of Orygon, to give it a good savour. We allow in like manner of his other latin phrases, and do confess, that Truth herself may be trodden down for a time by force, but never trodden out. But what is all this to the purpose we have in hand of finding out the Truth in this our controversy? Let us suppose for the present, that both parts do like well of her? but what means is given here, or may be given, to discover where she lieth? In all other controversies lightly, our adversaries, are wont to remit us only to scriptures for trial: which was an old tryck in like manner of their foresaid forernuners, as the ancient 
* See Hilar. lib. 2. ad Constant. Von ●nt Li●●● lib cont. profane haret no●t●. August l 1. de 〈◊〉. c. 3. & tract. 18. in joan & l. 7 de Gen. ad lib. cap. 9  Fathers testify, for that, scriptures being subject to more cavillation many times, both for the interpretation, and sense, than the controversy itself, gave them commodity to make their contentions immortal.  
17. But the same Fathers urging them with a shorter way, asked them still. Quid prius, quid posterius? What was first, and what after? for that heresy is novelty, and cometh in after the Catholic Truth first planted. 
The way how to find out the Truth.  And for that every heretic pretendeth his heresy, to be ancient, and from the Apostles, the said Fathers do urge further, that this Truth of our Religion, must not only be eldest, but must have continued also from time to time, at least with the greater part of Christians. 
Tert. lib. adversus Prax. cap. 20.  Quia proprium est hareticorum omnium (saith old Tertullian) pauca adversus pl●●a, & posteriora adversus priora defendere. It is the property of all heretics, and their peculiar spirit, to defend the lesser number, against the greater, and those things that are later, against the more ancient: Which agreeth with another saying of Tertullian. 
Tert. lib. de Prescript. cons. haret. cap 2●.  Quod apud multos unum invenitur, non est erratum, sed traditum. That which is found one and the self-same with many (to wit, the greater part in the Christian Church) is no error, but cometh down by tradition. So he. 
Aug. 〈◊〉 1. cont. Gana. Donat. c. 1. & form. 131 de tempt. & lib. de ●ni●. Eccles cont. Petil. cap. 2.  But S. Augustine delivereth another direction much conformable to this in sense, though different in words. Consider (saith he) what is KATH'HOLON. Id est secundum totum, & non secundum partem. According to the whole, and not only to a part; and this is the truth. And another of his time saith. Teneamus quod ab omnibus creditum est, hoc enim verè Catholicum. 
Vincent. La●in. lib. cont. proph. haer. 〈◊〉.  Let us hold that which hath been believed by all: for this is truly Catholic; and consequently Truth itself. And another Father before them both. Catholicum est, quod ubique unum. 
Pa●amus Epise. Bar●in. cap. 1. Symph.  That is Catholic, & undoubtedly true, which every where, is one and the same. And this both in time, place, and substance.  

The application of the Father's directions.  18 These are the ancient Father's directions; now let us apply them to our present question, which is so much the easier to discuss: for that, albeit it comprehend some part of doctrine in controversy, concerning the Right of temporal Princes, to spiritual jurisdiction; yet is it principally, and properly a question of fact, to wit, whether, by the ancient common laws of England, and practice of our Princes, according to the same spiritual jurisdiction, they were exercised by them in former ages, by force and virtue of their Imperial crowns; as Queen Elizabeth did, or might do, by the authority given her by an Act of Parliament, in the first year of her reign, whereby she was made head, of the Church, and supreme governess, as well in all causes, Ecclesiastical, as temporal. In discussion whereof, if we will use the directions of the foresaid Fathers, for clear and infallible trial, we shall easily find out where the Truth lieth; which is the but, we ought to shore at; and not to contend in vain: for that our assertion, quite contrary to that of M. Atourneys, is. That if we consider the whole rank, of our Christian English Kings, from the very first, that was converted to our Christian faith, to wit, King Ethelbert of Kent, unto the reign of King Henry the eight, for the space of more than nine hundred years, (and King Henry himself, for the greater and best part of his reign) did all, and every one of them confess, & acknowledge the spiritual power and jurisdiction of the Sea of Rome, and did never contradict the same, in any one substantial point either by word, law, or deed: but did infinite ways confirm the said authority, each one, in their ages & reigns. And this is that KATH'HOLON, or secundum totum which S. Augustine requireth; and ubique unam, which the other Fathers do mention; which is a Catholic proof, in a Catholic cause, and M. Attorney must needs fly ad partem, to a part only, to wit, to two or three later Kings, of above half a hundred, that went before; which is a schismatical proof as S. Augustine showeth, Contra partem Donati. 
Vide etiam Psal. Aug. contra partem Donat. & O●t●tū. Milevit. contra Parm●n.  Against the part of the heretic Donatus. And before him Opratus Milevitanus, and divers other Fathers, who always call Sectaries, a Part; For that they follow indeed but a part, and catholics the whole; and thereof (saith S. Augustine) their name is derived. 
August. de g●●us ad ●●, imperfect. cap. 1.  And thus much shall serve for our manner of proof which we mean to hold; remitting us to the effect itself, when we shall come to join issue afterward. Let M. Attorney vaunt in the mean time of the name only of Truth, but without means or meaning to try the same.   

The Attorney.  
There is no subject of this Realm, but being truly instructed, 
3 Birthright of laws.  by good, and plain evidence, of his ancient and undoubted patrimony, and birthright (though, he hath for some time by ignorance, false persuasion, or vain fear, been deceived, or dispossessed) but will consult, with learned & faithful Counselours for the recovery of the same. The ancient and excellent laws of England, are the birthright, and most ancient and best inheritance, that the subjects of this Realm have. For by them, he enjoyeth not only his inheritance, and goods in peace and quietness, but his life, and his most dear country in safety. And for that I fear, that many of my dear countrymen, (and most of them of great capacity, and excellents parts) for want of understanding of their own evidence, do want the true knowledge, of their ancient birthright, in some points of greatest importance: I have in the beginning of this my first work directed them to those, that will not only, faithfully counsel, and fully resolve them therein, (such as cannot be daunted with any fear, moved by any affection, nor corrupted with any reward) but also establish and settle them, in quiet, and lawful possession. Upon just grounds to rectify an error in a man's own mind, is a work of clear understanding, & of a reformed will, and frequent with such, as be good men, & have sober, and settled wits.   

The Catholic Divine.  
19 It may please the reader, to consider, that of two propositions, which M. Attorney useth commonly to lay forth for the furnishing of his discourse; The first called the mayor, we have hitherto admitted, denying the second, or minor, and thereupon, his whole conclusion, for that he subsumeth not well. As for example, in his first proposition in reprehension of Ignorance, we agreed in such ignorance as is reprehensible, but his application thereof to catholics, I showed to be false, and his mere imagination. And the like in the second encounter, about Truth, I admitted his Encomion, and praise of Truth, but disagreed in the manner of seeking out of the same, which he wholly omitted: 
The Attorneys mayor admitted, and his minor denied.  And the same must I say in this third meeting of ours; I do not contradict his mayor proposition, that every wise, and discreet subject of the land, having been dispossessed of his ancient inheritance, and birthright by ignorance, false persuasion, or vain fear, will consult with learned, & faithful Counselours, for recovery thereof. All this (I say) is granted; but the application thereof to the municipal laws of England (which is the assumpt, or minor proposition) I cannot confess, to be so well and fitly made. Let us discuss a little what the Attorney writeth. The ancient, and excellent laws of England (saith he) are the birthright and most ancient, and best inheritance that the subjects of this Realm have. Much is said in this, and albeit I do not mean to deny, or draw back any part of the just commendation, due to our municipal laws; yet this strange hyperbole, axaggeration, or overlashing of M. Attorney, tending (as after shall appear) to a false, and prejudicial conclusion, is worthy some stay thereon. For, first I would ask him what great, and singular antiquity he findeth in our municipal laws, that so often he nameth them ancient, as though, they were eminent, and singular in that point of antiquity above other laws; 
Of the antiquity of our municipal laws.  whereas I, for my part, find no memory of any of them extant, before the Conquest and no written statute law before the reign of King Henry the third, which was two hundred years after that again, & with him doth judge Rastall also begin his collection of laws and statutes, from Magna Charta downwards: which was made in the 9 year of the said King, and of Christ, one thousand, two hundred & sixteen; which is not yet full four hundred years gone. And yet did Englishmen live in England before the Conquest, more than twice as long, under laws, partly municipal, and partly Imperial; to say nothing of the Britaines before them again: And consequently, I see not how we may brag so much of antiquity in this point.  
20. As for the excellency of our laws, I mean not to withdraw, any due commendation, as before I said, nor to stand here to discuss, what commodities, and incommodities they have, as all human things that depend of the variable judgement, and liking of men; yet cannot any indifferent, and disappassionat man, but remember that, which all our writers do commonly note, that they were brought in principally by Conquest, and a Conqueror, and such a one as intended to bridle the English by that means, and to bring them under by those laws; 
The commodities & discommodities of our municipal laws.  And what misery, calamity and exceeding thraldom, our afflicted nation passed in those days, under those laws, and the insolent dominion of the Normans; let any man read Ingulphus, that lived in those days, and other English Historiographers that ensued soon after, as Malmesbury, Huntingdon, Hoveden, and the like, and then will he pity their case that first lived under them.  
21. It is evident likewise by all testimony of our old histories, how frequent, and earnest reclaim was made by the people, and nobility to diverse Kings after the Conquest, against these newer laws, for the restoring of such, as were in use before the said Conquest, especially those of King Edgar and S. Edward the Confessor, about which point oftentimes, there were no small tumults made, and yet now by use, and tract of time, the mislike being assuaged, and we taught to be still, yea and to kiss the rod, wherewith then we were beaten; M. Attorney, now will needs have us, adore the same, and esteem them not only for ancient, but excellent laws also, wherein I mean not to lose time in striving with him, for that I do hasten to a more important conclusion.  
22. Further then, he not being contented with these two most honourable Epithetons and Euloges of Antiquity and Excellency, passeth on to another superlative degree, saying, that they are not only the undoubted patrimony, and birthright, but also the most ancient and best inheritance, which the subjects of this Realm have; whereof he yieldeth this reason, for that by them, they enjoy, their life, livings, and country in peace and safety: 
The birthright of our common laws.  Which if it be so, then what inheritance had old Englishmen, for so many hundred years, before these laws were made? what riches, or inheritance have those men by them in our days, which are borne, without lands or livings? Will this patrimony of the law, make them rich? M. Attorney, and divers of his fellows, have had a good patrimony, and inheritance by them: but this is not every man's case.  
23. I confess that the laws of every country, are a certain birthright of all subjects that are borne therein; and if they be good and equal, it is a public benefit, but much more if they be well executed, by a just Prince, which importeth more than written laws. For that he, as M. Attorney confesseth, is the soul of the law, that giveth life, who also without written laws, either municipal, or Imperial, may administer justice, by law of nature and nations, if he will. What special, or singular commodity then, is here showed to issue out of the municipal laws of England above others, that they should be called our ancient, & best inheritance? Yea, as he addeth after, in matters of greatest Importance, meaning thereby our soul, & salvation. Is not this an overlashing? is not this an egregious hyperbole? Do not subjects in Scotland, France, Italy, Spain, and other places, enjoy their goods in peace and quietness, and their lives, and dear countries in safety, as well by their laws Imperial, as we do, by our municipal Yes; and much more, if we will believe them, and their learnedest, & this upon some attended consideration of events, which daily they hear, and read, of many men both great, and small, to have been overthrown, and condemned in our country, both in lives, & livings, which they think by their Imperial laws were impossible. And one only circumstance of English trial in life, and death (to omit the rest) doth leave them astonished, to wit, that be he never so great a man, yet for his life, and lands honour, & posterity, he may not have that allowed him, which in an action of five pounds renr, or less, he should obtain; 
The objection of extern lawyers against diverse points of ours.  which is a learned lawyer, or advocate to speak for him at the bar; but that all the Prince's officers, and learned Counsel, shall plead against him, exaggerating matters to the uttermost; and he only suffered to speak for himself, and that in measure, who for lack of skill, or memory, or time to consider, or boldness to speak, or talon to utter well his meaning, may there betray, and overthrow both himself, & his whole posterity in his own defence.  
24. And finally, the last upshot being of that dreadful action, to commit the matter to a jury of unlearned men, that must give their verdicts openly; and by consequence, upon the same causes before mentioned of error, fear, hope, or other passion (the Prince being always on part interessed) may easily be led finistrously to the prisoners condemnation. 
See also Sir Thomas Moor Lib. 1. Viepia.  All which inconveniences, being carefully provided for, by course of other laws do make foreign learned men to think, that ours are more defective, than we persuade ourselves, and that it may easily be believed, that they were made indeed by a Conqueror. And I could have been glad, that M. Attorney in this place, had alleged, some singular thing in their extraordinary commendation, for that the enjoying of our goods, lives, lands, and country by them (which he mentioneth) are very ordinary, and vulgar commendations, and common to all laws in general, that ever were made, by reasonable men. And yet, do we not deny, but that our English laws, for the whole corpses, and drift thereof, are very commendable; especially where the spirit, and meaning of the first founders is observed by the followers: yet want there not, by grave men's judgements, many considerable points that might be better rectified; and namely concerning the imperious, and dominant manner of proceeding of many lawyers, and their exorbitant gains, which yet perhaps M. Attorney will place among the chief commendations of our said common laws.  
25. In the other point also of remitting men for the knowledge of their evidence, & ancient birthright in some points of greatest importance to faithful Counseloures, 
Whether common lawyers determine and deal without passion.  that will resolve them fully without fear, affection, or corruption, if he mean by these Counseloures, as he doth, those judges and Sages of the Common-law, from whom he hath taken these pieces, against Ecclesiastical jurisdiction; which after he hath set down, I must needs say, that it is little to the purpose. For albeit, now they be dead, he may well say (as he doth) that they cannot be daunted with any fear, moved by any affection, or corrupted with any reward; yet when they were alive, & gave their resolutions, (which he saith they did) it is hardly credible that they were so devoid of those passions, as he would make them, they being no Saints, but wordly men that sought their advancement under their Princes, by pleasing their humours; as lawyers of our times do; whereof I could allege many examples, and some perhaps we may touch after in their due places. Now it shall be sufficient to remember that in diverse King's days, after the Conquest, the chief complaints of the people, were against their chief justicers, 
Anno 1. Edward's 3 ●. 2. Inst●●. 2.  (would God we had not the like cause now) who in those times most governed the state, or abused rather the same, as the examples of Hubert de Borgo, and Robert Tresilian, chief justices under K. Henry the third and Richard the second, and both of then punished public for their wickedness, do testify. And in the beginning of K. Edward the third his reign, I read of a complaint made by the King, and the whole Parliament, that his father, K. Edward 2. had been induced by evil counsellors (which in that case may justly be presumed to have been his judges, and lawyers) to seize into his hands the temporalty of diverse Bishoprics, etc. Which, for the time to come, he promised not to do. And finally after that again, when the contention, and controversy, between the two potent houses, of Lancaster, and York began, and endured for almost 100 years, I find few judges, or great Sages of the common-law, to have lost their lives therein, for any side, or party, as many Dukes, Earls, Barons, knights, yea, and some Bishops also, & religious did. Which is a sign that those Sages were to wise to oppose themselves, to any sort of Princes whatsoever, but could accommodate themselves to all and draw the birthright of laws to the establishing of any King's right, that by his sword could get the possession.  

The Catholic religion, the ancient, birthright of ●nglish●●n.  26. But to prosecute these matters no further in this place, I am only to add for conclusion of all, that the true ancient birthright, and best inheritance of English subjects indeed, i● their right to Catholic religion, which was first planted among them, from the Sea of Rome, by the singular zeal of holy Pope Gregory the first, a thousand years gone, and continued without interruption to our days, as afterwards shall be showed, and that for seeking out and cleared the evidence of this right, they ought to be diligent, and to spare no labour, pain, or industry; for that thereof dependeth their eternal salvation, or damnation, which doth not of the knowledge, or not knowledge of the common law, and that for certifyinge themselves in this point, they ought to repair to faithful Counsellors indeed, who are the ancient Fathers, and writers of God's Church in every age; who being not only wise, and learned, but holy also, may securely be presumed to deliver the Truth in this controversy, which was not raised up in their days, and consequently could not be passionate therein, nor daunted with fear, moved by affection, or corrupted with reward, as later lawyers and Sages might be, that gave sentence in matters which concerned their interest, favour, or disfavour of present Princes; And (would God) M. Attorney himself would in this point follow the direction of his Poesy out of Macrobius de veterum lectione; of reading the ancient Fathers, and old incorrupt writers diligently to this effect: For I doubt not, but that so good a wit, as his is, would quickly discern the truth, if prejudice or passion, upon interest or disinterest, do not deprive him of that happiness. For albeit our Saviour hath a dreadful sentence, 
Math. 10.  that it is as hard for a rich man to enter into heaven, as a Camel to go through a needle's eye; yet doth he say also in ●he same place, 
Marc. 10.  that what is unpossible to man, is possible with God, which may justly deliver rich men from desperation, though not from due fear. And so much of this. Now shall we see, what M. Attorney saith more.   

The Attorney.  
The end of such as write, concerning any matter, which by some for want of instruction is called into controversy; should be with all the candour, and charity, that can be used, to persuade, & resolve by demonstrative proofs, the diligent Reader in the Truth: 
Against bitter writing in controsies.  But now a days those that write of such matter, do for the most part, by their bitter and uncharitable invectives, transported with passion and fury, either beget new controversies, or do as much as in them lieth to make the former immortal. Certain it is that some books of that argument, have had Truth for their Centre, yet because they have wanted temperance, modesty, and urbanity for their circumference, have, to the great prejudice of the truth, hardened the adversaries in their errors, and by their bitter invectives, whetted them not only to defend themselves, and to offend in the like, but many times (being thereby urged to write) to defend the error itself to the hurt of many; which otherwise might have vanished away, without any contradiction.   

The Catholic Divine.  
27. This candour and charity, which M. Attorney wisheth in all writers of controversies is laudable, and fully agreeing also to our desires, that be Catholics; and it falleth out well, that some graver men of the Protestant party do show at length by public testimony, their mislike of such bitter, and uncharitable invectives, which their ministers, that should be guides of modesty to others (being transported with passion, and fury to use M. Attorneys words) do exercise, and thereby they do beget new controversies, and make the former immortal. 
Matthew 〈◊〉, Thomas ●el, Wille●, and others.  All this we grant, and do much allow, & commend M. Attorneys urbanity therein, and could easily also guess, at the persons, whom principally he meaneth, who have by their beastly late libels so defiled as it were, the very art, and profession of writing books, through base, exorbitant, and shameless scurrility, as men disdain to read them any more, holding both them, and their Authors in most odious contempt.  
28. And yet in one thing I cannot agree with M. Attorney in this point, when he saith that these bitter invectives of theirs have whetted their adversaries to defend themselves, which otherwise they would not have done: For I hold the contrary to be true, which is, that their brutish vein of intemperate, and shameless writing, hath freed them from all rejoinder of any modest or civil adversary; whereas on the other side M. Attorney is answered as you see, for that his temperance, modesty, and urbanity in the circumference of his Centre, deserveth the same, though his said Centre have not that truth in it, which were to be wished, answerable to those other good commendations of his. And this will lie upon us to prove in the prosecution of this whole Answer. Now let us pass to the rest of his Preface.   

The Attorney.  
He that against his conscience, doth impugn a known truth, doth it either in respect of himself, or of others; Of himself, in that he hath within him a discontented heart; Of others, whom for certain worldly respects he seeketh to please. Discontented he is, 
4 Of writing of controversies against conscience.  either because he hath not attained unto his ambitious, and unjust desires; or for that, in the eye of the State, he for his vices, or wickedness, hath justly deserved punishment, and disgrace: and therefore doth oppose himself against the current of the present, to please others, in respect that his credit, or maintenance dependeth upon their favour and benevolence. I know that at this day, all Kingdoms, and States are governed by laws, and that the particular, & approved custom of every nation, is the most usual binding, and assured law. I deal only, with the municipal laws of England, which I profess, and whereof I have been a student above these 35. years. My only end, and desire is, that such as are desirous to see and know, (as who will not desire to see, and know his own?) may be instructed; such as have been taught amiss (every man believing, as he hath been taught) may see, and satisfy himself with the truth; and such as know and hold the truth (by having so ready, and easy a way to the fountains themselves) may be comforted, and comfirmed. Farewell. Multa ignoramus quae non laterent, si veterum lectio nobis esset familiaris. Macrob. 6. Satur.   

The Catholic Divine.  
29. Albeit this last part of M. Attorneys Preface, be somewhat close, and dark; yet it is not hard (these circumstances considered) to level at his meaning, which is that Catholic men, that write of controversies in this time, do write against their consciences, upon discontentment, which he presupposing without proof (whereas principally he should have proved this) he passeth on to tell us, why they do it, in respect of themselves, or others, and upon what grounds, their discontentments arise, which by M. Attorneys leave, is altogether impertinent, both for that he leaveth unproved, that which especially he should have proved, and that which he endeavoureth to prove, is wholly from our purpose and hath no coherence with our cause at al.  
30. For first we deny that catholics do write against their consciences to impugn a known truth, for this they hold to be a most heinous, and damnable sin, and one of the six that are against the holy Ghost, and very peculiar to heretics, as appeareth by those words of S. Paul before recited, where he writeth in respect of this pertinacy in defending their own heresies, and proper elections against their consciences, 
Tit. 4.  that heretics are damned by their own judgements, 
* Se S. Augustine 〈◊〉. de ●ut D● cap 51. l. 7 de Ge●. ad lit. c. ●. & nact 8 in Iu●● l●b. 〈…〉.  and so do the ancient Fathers with great consent ascribe unto heretics this special sin among others of Impugnatio veritatis cognitae, Impugning the know truth for wilful defence of their own fantasies, which is properly termed by t●em Pertinacia or pervicacia haeretica, Heretical pertinacy. But now for English catholics at this day, what reason have they to sin so damnably, as to write against their own consciences, seeing that by following their consciences, they might follow also their commodities? W●at new opinions have they invented of their own, or taken upon them to follow invented by others; for which they should be drawn to write against the known tru●h● that is to say (as all Fathers do expound it) the Catholic truth. For that is known, received, and acknowledged, and hath been from time, to time, throughout Christendom; whereas new opinions, are not known truths, but presumed truths by a few, in some particular place, or country, and for some certain time past, and not public continued from the beginning.  

What is the comm●n ●●e wne truth in re●● to and w●● impugneth it.  31. As for example in the present controversy (to pretermit all others) English catholics say, that they approve no other Ecclesiastical power, than that which all the Kings of England from the first that was converted unto King Henry the eight together with their counsellors, lawyers, and Sages, both spiritual, and temporal, have allowed, received, practised, and confirmed by their own municipal laws. M Attorney on the other side holdeth the contrary, and bringeth only for his direct proof, the constitutions of two or three late Princes, Q. Elizabeth a woman K. Edward a child, and some part of King Henry's reign, distracted from the rest, and divided also from himself in all other points of Religion besides Ecclesiastical jurisdiction; but for indirect prose, he citeth certain pieces, and parcels of Ordinances, Laws, and Decrees of some former Catholic Princes, which seem to restrain, or suspend in some particular cases, the execution of the said Ecclesiastical jurisdiction in matters not merely spiritual, but mixed with temporalities as to them it seemed, and not denying thereby any part of the spiritual power itself, as after shall be showed.  
32. Now than whereas he allegeth three Princes Decrees against the Pope's authority interrupted by a fourth, (for that Queen Marie annulled the two that went before her, and joined fully with her ancient progenitors) we one the contrary side, 
The difference of substantial proof between M. Attorney and us.  for these three interrupted, do produce near threescore by descent without interruption, and for threescore years more, or less, wherein they made these laws, we allege more, than three times three hundred, and for a part or parcel of t●e Sages of our Land, which in these later days, upon art, fear, or industrious induction were drawn to consent unto these new laws, against the old, with utter mislike of the far greatest part; we ●ay forth the whole uniform consent of all sorts, beginning with the first very planting of Christian Religion in our country, & continued for more than nine hundr●d years together: so as we allege both antiquity, priority, universality, continuance, and succession, without interruption; which are all the marks of Catholic verity, and consequently when we write for defence of this, in every controversy of our days, how can the Attorney say, or pretend to imagine, that we write against our consciences, and the known truth.  
33. And as for the imaginary causes of discontentment, which he deviseth; either for that men have not attained unto their ambitious, and unjust desires, or for that, in the eye of the State, their vices, and wickedness have deserved punishment, and disgrace; and therefore do oppose themselves, against the current of the present. These speculations, I say, cannot fall any way upon English catholics, not do subsist of themselves. Not the later, for that they are known to be temperate men, 
Why catholics are not to be thought to write against their conscience.  & so will the country commonly, where they live, bear them witness, and the experience of their singular patience under the pressures of the late Queen doth manifestly testify the same. Not the first, for that if conscience did not retain them, they might gain more, and more advance their ambitious desires (if they have any) by following the Current of the time with M. Attorney and others, than by standing against it, to suffer themselves to be overflown therewith. And it is a great presumption in all reason, that he hath a good conscience who standeth thereunto with his loss, that might run down the hill with the current, to his gain, and preferment. For that this later is easy, and vulgar, and common to the worst men, as well as to good: the other is hard, and rare, and needeth gr●at virtue, and fortitude of mind, whereof I may chance to have occasion to speak more largely afterward at the end of this book in a special chapter to M. Attorney himself (when our principal controversy shallbe tried) showing what urgent, forcible, and peremptory reasons Catholic men have, though with never so great loss temporal, to stand for the defence of their consciences & not to run down the current with him and others, that swim with full sail therein. And so much of this.  
34. Some other few points of little importance, do remain in this passage of M. Attorneys Preface, which might be touched, and examined; as where he saith, that the particular, and approved custom of every nation is the most usual binding, and assured law; and for more authority of this asseveration, as also of whatsoever he saith beside, or pretendeth to say, out of our laws in his ensuing Treatise: he addeth that he hath been a student thereof for these 35. years: but I could bring forth lawyers of no less standing, and study, 
Time of 〈…〉.  (though perhaps with less gain) that would contradict him, in both these points. First, that custom is not always the most usual binding law, either in conscience, or otherwise; & with these would run, all the ministers of Englaud, in the case of Catholic, and Protestant Religion, wherein custom by their own confession is against them. And in the second point concerning the pieces, & parcels here alleged, out of our Common-lawes, against the Ecclesiastical jurisdiction, as M. Attorney would have it seem; these men would allege, twenty for one, not shredes or liberts of laws, but entire laws themselves; authorizing and confirming, with full uniformity and universality of our English nations consent, the said jurisdiction, from time to time, and the use and practise thereof. 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 see, & to know, may be instructed, and such as have been taught amiss, may see, and satisfy themselves with the truth, and such as know, and hold the truth, may be comforted, and confirmed, I shall gladly join with him in this end, and desire; p●aying almighty God, that himself also and many more with him, may be in the first two members, for that in the third, none can be, but true catholics. And this shall suffice for this place. 
M●●cb. 6. 〈◊〉  For as for the Latin sentence out of Macrobius, that our ignorance in many things proceedeth of that we read not diligently the work of ancient authors, I have touched in part before, and do allow of the sense now again, though more fitly the same might have been showed out of many Christian authors of more authority, that this heathen. Yet let M. Attorney join issue with me upon antiquity, in this our controversy (which he ought to do) as well in regard of this sentence, as also for that every where he iterateth the name, and sound of the ancient, and most ancient Common-lawes of England; and then will the matter be quickly decided, as the proof will afterward declare: whereunto I remit me, and do end my answer to M. Attorneys Preface, returning him his freindlie Farewell, as also to the Reader.    

OF THE STATE OF THE QUESTION IN GENERAL, Concerning Spiritual, and Temporal Power, and jurisdiction; their origen, and subordination one to the other: And how they stand together in a Christian Commonwealth. CHAP. II.  

TO the end, that the prosecution, and issue of the particular controversy we have in hand, about the Spiritual authority of Q. Elizabeth, may be more clear; it shall not be a miss perhaps, in this very beginning, to set down briefly, what Catholic Divines, and other learned men, do write and hold of Power, and jurisdiction in general, and of the origen, offspring, author, division, and parts thereof; wherein M. Attorney is wholly silent, using no explication, or distinction at all, and consequently giveth occasion thereby to some confusion.  
2. First then our Divines affirm that almighty God is author of all lawful Power whatsoever, 
God the author of all lawful power.  both spiritual, and temporal according to that general proposition of S. Paul, Non est potestas nisi à Deo. 
Rom. 13.  There is no power but from God. For that, as it pleased his divine majesty, to impart with man other sparks of his excellencies, as wisdom, reason, knowledge, providence, and the like; so vouchsafed he also to make man partaker of his power, and authority not only to govern all other creatures of his in the world, but mankind also, and this both in body and soul, temporal, and eternal things under him in this world, as his liestennant and substitute.  
3. The differences which are between these two Powers, & jurisdictions, Spiritual, and Temporal Ecclesiastical, and Civil; are divers and sundry, taken from the diversity of their ends & object; 
The different ends & objects, of spiritual, and temporal power.  The end of Spiritual Power being to direct us, to everlasting salvation, both by instruction, discipline, and correction; and of the Temporal or Civil, by like means, and helps, to govern well t●e Commonwealth, in peace, abundance, order, justice, and prosperity. And according to these ends, are also their objects, matter, and means. As for example, the former hath for her object spiritual things belonging to the soul, as matters of faith, Doctrine, Sacraments, and such other; and thy latter handleth the Civil affairs of the Realm, and Commonwealth, as they appertain to the temporal good, and prosperity thereof.  
4. The ancient learned Father S. Gregory Nazianzen in a certain Oration of his, doth express, the nature, and conditions of these two Powers; Spiritual and Temporal. Ecclesiastical, 
Spiritual & temmporal power, as spirit, and flesh in a man.  and Civil, by the similitude of spirit and flesh, soul, and sense; which he saith, may be considered, either as two distinct Commonwealths, separated the one from the other; or conjoined together in one Commonwealth only. 
 An example of the former, wherein they are separated, may be in Beasts, & Angels; the one having their Commonwealth of Sense only, without soul or spirit, and their end and objects conform thereunto, which are the nourishment, and preservation of the body. And the other Common wealth of Angels, being of spirit only, without flesh or body; but in man are conjoined, both the one, and the other. And even so in the Common wealth of the Gentiles, was only authority political, earthly, and human, given by God to govern worldly and humane things, 
Temporal and spiritual authority separated in the Pri●●●● 〈◊〉.  but not spiritual for the soul; whereas contrariwise in the Primitive Christian Church, for almost 300. year together, none or few Kings being yet converted, only spiritual authority was exercised by the Apostle and Christians bishops, their successors for governing the Church in Ecclesiastical affairs without temporal, according to the saying of S. Paul in the Acts of the Apostles speaking to Bishops. 
Act. 20.  Vos posuit Spiritus Sanctus Episcopos regere ecclesiam Dei. The holy-ghost hath appointed you, that are Bishops to govern his Church.  
5. And this Spiritual jurisdiction in respect of the high end, and object thereof, above the temporal, did the same Apostles by instruction of the same Holy Ghost, so highly esteem, as the same S. Paul writing to the Corinthians, and reprehending them for going to law about temporal things, before the heathen magistrate, said, 
2. Cor. 6.4  that in secular matters, they should appoint for judges, such as were contemptible in the Church, that is to say, men of mean account, which was spoken by him, not for that he contemned temporal Power, as the heretical Anabaptists out of this place would prove, 
Anabaptists.  (for so he should be contrary to himself, who a little before, as you have heard, avowed, that all power is from God, 
Rom. 13. 1. Pet. 2.  and in other places, that the King, and temporal magistrate, is to be honoured, and obeyed, as God's minister, and the like) but only, he saith this in comparison, the one of the other, and of their ends, and objects, so different in dignity, & worthiness, as you have heard. And this continued in the Primitive Church, (to wit, Spiritual jurisdiction, without Temporal) until Constantine the Great; and other Emperors and Kings after him, being converted to the Christian faith, entered into the said Church, retaining their Temporal States, and Temporal Power, which before they had, but submitting themselves in spiritual, and Ecclesiastical matters, unto the spiritual government and governors, which they found to have been in the same Church before their conversion.  
6. Furthermore besides these differences, of the end, and objects of these two Powers, the foresaid Divines do show another no less considerable than the former, which is, that albeit, both of them be of God, and do proceed from him; as the Author, & origen, as hath been said; yet far differently: for that Ecclesiastical authority, is immediately from God, and was given by Christ immediately to his Apostles, 
Act. 10.  and Bishops, as before you have heard, out of S. Paul, who addeth in the same place, that Christ gave them this Spiritual jurisdiction over that Church quam acqui fivit sanguine suo, 
Spiritual jurisdiction independent of Temporal.  which he had bought and purchased with his blood, to make them and others, in respect of this dreadful circumstance, to esteem and respect the more this Spiritual jurisdiction over souls: which jurisdiction Christ also himself, God and man, did exercise in person upon earth, wholly separated from the use of all Temporal jurisdiction, notwithstanding he was Lord of all, as the same Divines out of the Gospel do prove. S●ewing thereby and by the long continuance of his Church, without the said Temporal Authority, that Spiritual jurisdiction is wholly independent thereof, and utterly distinct by her own nature.  
7. And albeit Civil Power and jurisdiction be of God's institution also, 
Temporal power not immediately but mediately from God.  and duly to be honoured in his Church and Christian common wealth, as before we have showed; yet do they teach the same to be far otherwise derived, and received from God, then is Spiritual Power, that is to say, not immediately by Gods own delivery thereof, but mediately rather, to wit by meditation of the law of nature, and nations. For by the law of nature, God ●ath ordained that there should be political government, for that otherwise no multitude could be preserved, which the law of nations assuming, hath transferred that government unto one, or more, according to the particular forms thereof, as Monarchy, Aristocracy or Democracy or mixed: wherein is to be noted, that the ordination of God by the law of nature, doth give political Power unto the multitude immediately, and by them mediately to one, or more, as hath been said. But Spiritual Power Christ gave immediately, and by himself, to the Apostles, and their Successors, by these words, 
〈◊〉 ●● Mat●. 18.  whatsoever you shall bind upon earth; the same s●all be bound in heaven. And whatsoever you shall lose one earth, shall be loosed in heaven. Whereby you see a general large commission, granted to them of binding, & losing; Quaecunque, whatsoever, without exception. And the like to S. Peter, as head and chief, by special power and commission of those words. 
joan ●1.  Pasce oves meas, Pasce agnos meos. Feed my sheep, feed my lambs, thrice repeated: signifying thereby the Pre-eminence, 
.  and Primacy of his Pastoral Authority in God's Church, as the ancient Fathers have always understood the same. For that to the office of Supreme feeding, is required also all other authority necessary to govern, direct, command, restrain, and punish in like manner, when need requireth.  
8. About which point, is to be observed and considered attent●uelie (say Catholic Divines, and most learned lawyers) that when God almighty giveth any office; he giveth also sufficient Power, and Authority, every way to execute that office, as when he giveth the office of a King, or temporal Magistrate, for good of the Commonwealth, he giveth Authority therewith, not only to direct, command, and instruct; but to punish, and compel also, yea, and to extirpate, and cut of those (when need is) that are rebellions, or otherwise deserve that punishment. And the like is to be observed in Spiritual Power, and jurisdiction, according to which the Civil law saith. 
Leg. 2 ff. de Iu●●sd. 〈◊〉 jud. & l. ult. ff. d●●●. cui manned. iurisdict.  Cui jurisdictio data est, ea quoque concessa esse intelliguntur, sine quibus jurisdictio expleri non potuit: To whosoever jurisdiction is given, to him also must we understand to be granted all those things, without which his jurisdiction cannot be fulfilled. And the Canon law to the same effect. 
In cap pastora ● in p●●●●ip de office delegati.  jurisdictio, nullius videretur esse momenti, si coërcionem aliquam non haberet: jurisdiction would seem to be of no moment, if it had not some power to compel. And finally it is a general rule given in the said Canon law; 
In c●p. praeterea ●od●● tit.  that when any cause is committed to any man, he is understood to receive also full authority, in all matters belonging to that cause.  
9 Out of all which, is deduced, that for so much, as Christ our Saviour, God, and Man, having purchased to him self, by the price of his own blood, a most dearly beloved Church, and committed the same as S. Paul saith to be governed by his Apostles, and Bishops their successors, unto the world's end; it must needs follow, that he hath endowed the same Church with sufficient spiritual Authority, both directive, and coactive, to that end, for governing our souls, no less than he hath done the temporal Commonwealth for affairs of the body. Nay much more, by how much greater the importance is of the one, than of the other, as before hath been said.  
10. If you ask me yet more particularly, where and how, by what commission, and to whom, Christ our Saviour left this high Spiritual Power in his Church: 
What is the spiritual power of the church & Pastors thereof.  what it is, and wherein it consisteth? I answer first to the last, that it consisteth (as often hath been said) in guiding our souls in this world, to everlasting salvation in the next: Which thing, for that principally it dependeth of this, that we avoid sins in this life; or if we commit them, that they be pardoned us, or corrected by this Power; Christ our Saviour, doth most aptly give and describe the same Power, by the words of binding, or losing sins. And therefore, in the foresaid place alleged, out of S. Matthew his Gospel, he giveth the said commission, as you have heard. 
Math. 26.  Whatsoever you shall bind, or lose upon earth, shall be bound or loosed in heaven. Whereby the Church of God, hath always understood, full authority of judicature, to have been given to the Apostles, and their successors, to discern, judge, bind or loose in all things belonging to this end of directing souls.  
11. Truth it is, that divers learned divines, are of opinion, that in these places, Christ did but promise to his Apostles to give them this high judicial authority in his Church, when by his death, and resurrection, it should be founded. And that the actual performance of this promise was made unto them in the 20. if S. john's gospel, where Christ said unto them. Sicut misit me pater, & ego mitto vos. 
joan. 20.  As my father sent me so I do send you; and then presently breathing upon then he addeth. Receive the holyghost: whose sins you shall forgive, they are forgiven unto them, and whose you shall retain, they are retained. Where we see, that Christ speaketh now in the present tense, they are forgiven, and they are retained: and not in the future, as before in the place of S. Matthew his gospel. And we must note that those words of our Saviour (As my father sent me, so I do send you.) are understood by ancient Doctors, 
Se S. Cyril. l 12. in joan. ●. 55. and S. Cyprian lib. de ●nt. E●●●es●. & a●ist. 73 ad 〈◊〉.  of Authority, as though he had said, that with the same power, & authority, that my father sent me into this world, to gather, & govern my Church, I do also send you; that is to say, withal spiritual power, necessary to your office, and charge, both on earth, and in heaven. And therefore he saith in S. Matthew his Gospel: That whatsoever they shall bind, or lose upon earth, (which are the Acts of high judges) shall be loosed or bound in heaven.  
12. And to S. Peter in like manner, as Chief of the rest, the promise of his Supreme, and singular power (besides the other, which out of the former general commission, he received with the rest of the Apostles) was made unto him, first in S. Matthews gospel, when Christ said, Thou art Peter, (which signifieth a stone, or rock) and upon this rock will I build my Church, and will give unto thee the keys of the Kingdom of heaven. 
Matth. 16.  etc. Which he performed afterward, in the 21. chapter of S. john: after his resurrection, when ask him three times of his love towards him, he as many times gave him commission of high-pastor over his flock. Pasce oves meas, pasce agnos meos. etc.  
13. This Spiritual and Ecclesiastical Power then which Christ hath left for governing his Church, though it be to be exercised here upon earth, and by men; yet is it justly called by holy fathers, not human Power, but divine, and heavenly, both for that, it was given immediately, and exercised also by Christ himself, that came from heaven, and for that it tendeth to heaven, and is approved in heaven; yea to use the Phrase of S. Chrisostome, 
Chrysost. homil. 5. de verbis Esa. Vidi Dominum.  and other Fathers, directeth and commandeth the very Tribunal of heaven; which heavenly Power on earth, S. Paul, as an Apostle extraordinary, having extraordinarily also received, not by man, but by jesus Christ as himself doth signify, did so much glory of, 
Galat. 1.  as he wrote to the Corinthians. 
1. Cor. 13.  If I should glory some what of our Power, which Christ hath given us to edification, and not to destruction I would not blush at it. 
2. Cor. 10.  And a little before in the same Chapter, he saith. Nam arma militiae nostrae non carnalia sunt, sed potentia Deo. etc. For the armour of our warrfare, are not carnal or wordly arms, but are power from God. In promptu habentes, ulcisci omnem inobedientiam. etc. having speedy means to revenge all inobedience. And yet further to the said Corinthians within two Chapters after. 
2. Cor. 13.  Quoniam si venero iterum, non parcam. If I come unto you again, I will not spare to punish. And a little after in the same place. 
S. Paul's esteem of the high power given unto him & to other Apostles & their Successors.  Ideo absens scribo, ut non durius agam, secundum potestatem, quam Dominus dedit mihi. I do write unto you absent, to the end that when I shall come, and be present with you, I be not forced to deal more roughly according to the Power, which our Lord hath given me.  
14. Behold the dreadful Spiritual Power, which S. Paul affirmeth to be given to him by Christ, as well to punish, as to instruct and direct: and according to this Power, he writeth again to the said Corinthians. Quid vultis? in virga veniam ad vos, an in charitate & spiritu mansuetudinis? what will you have me do; shall I come unto you in the power of the rod, or in love, and spirit of mildness? As who would say, choose which you will. And note that here the Power of correction given to the Apostles, & their successors, is called the rod in respect of striking, as before in the words of Christ, it was called the key of the kingdom of heaven, and the power, of binding, and losing sins, in regard of the dreadful shutting or opening heaven, or hell gates unto us. And according to this power S. Paul afterward exercised judgement, & gave sentence in a certain grievous case of Incest among the said Corinthians in these words. 
1. Cor. 5.  Ego autem absens corpore, praesens autem spiritu iam iudicanis, ut praesens, eum qui sic operatus est. I though absent in body yet present with you in spirit, have given judgement upon him that hath committed this sin, as though I were present in body. And the same Apostle writing to his scholar Timothy doth tell of another sentence, 
1. Tim. 1.  and judgement pronounced by him, upon Hymenaeus and Alexander two seditions and heretical men; quos tradidi Sathanae. (saith he) whom I have delivered over to Satan: which is as much to say, as I have excommunicated, & cut them of from the Church of God, whereby they come to be no more in the protection of Christ, but in the power, and protection of Satan.  
15. And the like Spiritual judgement was exercised by S. Peter, upon Simon Magus when he said unto him, 
divers excommunications by the Apostles.  Non est tibi pars, neque sors in sermone isto. Thou hast no part nor participation with us in this word of God which we preach. By which words of S. Peter, the 30. Canon of the Apostles doth affime, 
Act. 8.  Simon Magus to have been excommunicated and cut of from the number of Christians and from all spiritual benefit belonging thereunto. Which (if we believe S. Augustine) was a more grievous and dreadful punishment, than if he had been sentenced, 
Aug. lib. 1. contra Aduer 〈◊〉 & Proph. c. 10.  to be burned with fire, drowned with water, or pierced through with a temporal sword. In consideration whereof, holy S. Chrysostome cried out in his time. 
Chrys●st hom. 4. ad Helr. & 〈◊〉 fe●tur. 11. quaest. 3. cap. ●1.  Nemo contemnat vinculae Ecclesiastica, non enim homo est qui ligat, sed Christus qui nobis hant potestatem dedit. Oh let no man contemn the chains, which ecclesiastical power layeth upon him, (in binding, or loosing his sins) for it is not man that bindeth, but Christ which hath given unto us (that are Governors of his Church) this power. And S. Augustine again. 
Aug. ibid.  Alligatur bomo amarius, & infaelicius Ecclesia clavibus, quam quibuslibet gravissimis, & durissimis ferreiss, vel adamantini● nexibus. A man is bound more bitterly, & miserably by the keys of the Church, than by any most grievous sharp iron, or adamant bounds. Whereof the holy Martyr and Bishop S. Cyprian gave the reason, before them both, saying: 
Cypr. lib. 1. epist. 1. ad 〈◊〉 Deut. 6.  That in the old law, which was Carnal, God gave commandment, that such as were rebellious to their Priests, and judges, should be slain with the sword: 
Math. 16.  But now in the law of Christ that is Spiritual, proud and disobedient men, are commanded to be slain eternally with the spiritual sword, which is, their casting out from the Church out of which they cannot have life.  
16. This then is the Spiritual, and Ecclesiastical dreadful Power, which Christ hath planted in his Church, by his own immediate commission for governing the same, in the affairs of our souls, unto the world's end. And here we may note also, that the same is double, or of two sorts: The one internal, concerning man's conscience only by loosing or binding sins, by means of Sacraments. The other is external jurisdiction, 
Two points of Spiritual jurisdiction internal and external.  in hearing, judging, and determining causes in public affairs, that do fall out in the Church, tending to the same end; and this distinction is founded in the words of Christ himself, as well for binding and losing of sins in respect of our conscience, as also in that he addeth; Si ecclesiam non audierit, sit tibi tanquam Ethnicus, & Publicanus. 
Matth. 6.  If he hear not the Church, let him be to thee, as a Heathen, or Publican; that is to say, (as holy Fathers expound) let him be excommunicated & cast out from the Church, and then fled and avoided, as one separated, by the authority of the said Church, from all communion and fruit of Christian religion, as much as if he were an Infidel or Publican. Which meaning of our Saviour, S. Paul well understanding, said of like men, 
1. Cor. 5.  Auferte malum ex vobisipsis. Take away and separate the evil from among yourselves: which words S. Augustine expounding, saith to be as much as if he had said. 
Aug lib. 2. retract. cap. 17. & l. de correct. & Gra. c. 15.  Hominem malum, & pernicipsum à vobis separate per excommunicationem; Do you separate from yourselves an evil and pernicious man, by excommunication; which is an act of external jurisdiction, called by Canon lawyers Actus sori contentiosi. As to absolve, or retain sins in the Sacrament, are acts of Internal jurisdiction, appertaining to sorum conscientiae, the tribunal of conscience.  
17. So that as the temporal magistrate for furnishing of his authority, hath Power also to punish temporally when occasion is offered, and this either in goods, body, or life; so have Spiritual Magistrates, also by Christ his appointment, Ecclesiastical Power, not only to teach, exhort, instruct, and direct, as hath been said, but to punish in like manner by Spiritual Censures much more grievous, and dreadful in respect of the life to come, than are the forenamed punishments of the civil magistrate for this life. Which Censures are three in number, answering after a certain manner, to the former three of the temporal magistrate, and these are according to Catholic divinity, and Canons of the Church, 
See 〈◊〉 3. in cap. Quaren de rebu● signify.  Suspension, Interdict, and Excommunication; which I leave further to discuss in this place.   

THE SECOND PART OF THIS CHAPTER, About the Subordination of these two Powers, the one to the other; and different Greatness of them both. §. I.  
18. Upon these and other like considerations then, and premises, Catholic divines do deduce that these two Powers of Spiritual, and Temporal jurisdiction, whensoever they meet together (as in the Christian Commonwealth they do) they are subordinate the one to the other, according to the rule of Aristotle in Philosophy, 
Aristotle.  (which holdeth also in this case of divinity) that whensoever the ends of any faculties be subordinate, and do serve the one to the other, there also the faculties themselves are subordinate. And so whereas the end of Spiritual Authority is, to direct men to everlasting Salvation of their souls, and the end Temporal Government, to procure their temporal prosperity; but yet with referment, and subordination to the attainment also of life everlasting in the next world: it followeth by most certain consequence, that Temporal Government is subordinate to the spiritual, which is so much the more excellent and eminent, as is an everlasting end, above a temporal; our immortal soul, before our corruptible bodies; and the Kingdom of heaven, before worldly prosperity.  
19 Out of which considerations, no doubt did proceed those speeches of ancient and holy Fathers, about the comparison of these two Powers, Ecclesiastical, and Temporal, 
The eminency of Spiritual Power above Temporal.  which are found every where in their works, highly preferring the one before the other, and subjecting the one unto the other. An me liberè loquentem, aequo animo feretis? 
Greg. orat. Ad 〈◊〉 t●mere p●r●ulso●.  (saith S. Gregory Nazianzen to the Emperor) Name ves quoque, etc. will you hear me with patience to speak my mind freely unto you? Which truly you ought to do for so much, as the law of Christ, hath made you subject to my Power, and to my tribunal. For we (Bishops) have an Empire also, and that more excellent, and perfect than yours, except you will say that spirit is inferior to flesh, and heavenly things to earthly. But I doubt not, but that you will take in good part, this my freedom of speech, you being a sacred sheep of my holy flock, and a disciple of the great Pastor, rightly instructed by the Holy-ghost, even from your young years, etc. So Gregory Nazianzen to the Emperor.  
20. And here we see, what difference this great Doctor and Father S. Gregory Nazianzen almost 1300. years gone, did put between these two Powers of Kings, and Bishops, Civil and Ecclesiastical dignity; even as much, as between, flesh and spirit, heaven and earth. And the same difference doth S. Chrysostome set down in his books of Priesthood, 
Chrys. lib. 3. de sacerdoti●, Hom. 4. in cap. 6. Esai.  and elswere. I shall allege some place or two out of him, as briefly as I may, that you may see his sense, and judgement therein: though I would wish the Reader, to peruse the places themselves here cited, for that they will fully satisfy him in this matter.  
21. First then in his third book of Priesthood, comparing the Power of a King with the Power of a Priest he hath these words. Habent quidem & terrestres Principes vinculi potestatem, verum corporum solum, etc. 
S. Chrysost. sentence of spiritual power.  It is true, that earthly Princes, have power to bind, but our bodies only: But the bands, which Priests can lay upon us, do touch the soul itself, and reach even unto the heavens so far forth as whatsoever Priests shall determine here beneath, that doth God ratify above in heaven, and confirmeth the sentence of his servants upon earth. And what is this, (I pray you) but that God hath given all heavenly Power unto them, according to those words of his. Whose sins soever you shall retain they are retained. 
joan. 20.  And what Power, I beseech you, can there be greater than this? I read that God the Father gave all manner of Power unto his Son. 
Math. 28.  And I see again, that God the Son hath given over the self same Power unto Priests, etc. what a manifest madness then is it, for any man to despise this Princedom of Priests, without which we cannot possibly be made partakers, either of eternal salvation, or of the good promises of our Saviour, etc. Quo nomine, sacerdotes non modo plus vereri debemus; quam vel Principes, vel Reges; verum etiam maiori honore, quam parentes proprios honorare. 
Chrys. ibid.  In which respect, we ought to reverence, & fear Priests more, not only than Princes, and Kings; but honour them also more, than our own parents, etc. All these are S. Chrysostomn words.  

Chrysost. homil. 4 de versu ●sa. Vidi Dominum.  22. And the same Saint, in his Homilies upon Esay the Prophet, writeth thus. Rex quidem ea quae sunt in terris, sortitu● est, administranda, etc. The King hath received the administration, and government of those things that are on the earth. But the Priest's authority cometh from heaven; whatsoever you shall bind (saith Christ) upon earth, that shall be bound in heaven. 
Matth. 16.  To my King, are committed earthly things, but to me heavenly; and when I say, to me I understand a Priest, etc. To the King are committed the bodies, to the Priest the souls: the King can remit bodily spots; but the Priest can take away the spots of sin: Maior hic principatus, This principality of Priests is greater, then that of Kings.  
23. And yet further in another Homily upon the same Prophet. Sacerdotium principatus est; ipso etiam regno venerabilius, & maiu●. Ne mihi narres purpuram, etc. 
Chrysost. ubi supra. hom. ●.  Priesthood is a Princedom; yea more venerable and great then is a Kingdom. Do not tell me of the purple, or diadem, or sceptre, or golden apparel of Kings, for these are but shadows, and more vain than flowers at the spring time. Si vis videre descrimen, quantum absit Rex à sacerdote, expend modum potestatis utrique traditae. 
Mark this notable discourse of S. Chrysostome.  If you will see indeed the true difference between them, and how much the King is inferior to a Priest; consider the manner of the Power delivered to them both; and you shall see the Priest's tribunal, much higher than that of the King, who hath received only the administration of earthly things. Nequè ultra potestatem hanc, quicquam habet pratereà authoritatis. Neither hath he any authority, beyond this earthly Power: But the Priest's tribunal is placed in heaven, and hath authority to pronounce sentence in heavenly affairs. And who affirmeth this? The King of heaven himself, who saith, whatsoever you shall bind on earth shall be bound in heaven, and whatsoever you shall lose, shall be loosed. 
Matth. 18.  Here you see heaven, to take principal authority of judging from earth, for that the judge sitteth on earth, and our Lord followeth his feruant: so as whatsoever the said servant shall judge here beneath, that will his master allow in heaven. So S. Chrysostome.  
24. And consider here (good Reader) that this holy Father and Doctor, wrote all this in Constantinople, where the Emperor was present, and many Courtiers together with the Empress herself, averted from him for his severity of discipline, and ready to note and take advantage against any thing that he should say. 
A weighty consideration.  And yet was this doctrine never objected against him, as injurious to the Emperor, or to his Imperial crown: notwithstanding (as you see) he speaketh plainly, both about the Subordination of temporal and spiritual Power, the one to the other; as also that the Emperor had the one, and not the other. And if the same Father should preach this doctrine at Paul's Cross in these our days, he would be hissed out, and be called into question of treason by the tenor of M. attorneys book; so far are our times different from these. But God & his truth are always one.  
25. And to this very same effect might I allege here the sayings, and doings of divers other ancient Fathers and Bishops, 
Anno 116.  (for all were of one spirit, opinion, and faith in this behalf) but it would be overlong; yet S. Ambrose I cannot omit, 
divers examples of S. Ambrose  who in two or three occasions with the Christian Emperors of his time, did express most manifestly, the judgement of the Catholic Church in those days. The first whereof was with Valentinian the the younger, who being induced by the Empress justina to command S. Ambrose Bishop of Milan to dispute with AuxentiuS the Arrian Bishop, and other of his Sect, before the Emperor, and his counsellors, and whole court in his palace, he refused the same, and gave his reasons to the said Emperor in a several book which beginneth thus. 
Libellus Ambrosijs. ●. 32.  Clementissimo Imperatori & Beatissimo Augusto Valentiniario, Ambrose Episcopus, etc. and then he setteth down how the Tribune Dalmatius with a public Notary did cite him in the emperors name, to come to that conference, or disputation, and what he answered unto him, which was in these words. I answered (saith he) that which your Father of glorious memory (Vaelentinian the elder) not only answered in speech upon like occasion, but confirmed also by his laws, that in causes belonging to faith, Priests only should judge of Priests: Yea further also that if a Bishop should be called in question for his manners, this judgement likewise should appertain unto Bishops: 
Episcopal authority greater than Imperial in matters of faith.  And who then of us, do answer more perversely? we, that would have you like your Father, or they that would have you unlike him, etc. Quando audisti, Clementissime Imperator, laicos in causa fidei de Episcopo iudicasse. When have you ever heard, most Clement Emperor, that lay men did judge Bishops in matters of faith. Certè si vel scripturaerum seriem divinarum, vel vetera tempora retractemus, quis est qui abnuat in causa fidei, (in causa, inquam, fidei) Episcopos solere de Imperatoribus Christianis, non Imperatores de Episcopis indicare. Truly if we will consider, either the whole course of divine scriptures, or the use of ancient times, no man can deny, but that in matrers of faith (I say in matters of faith) Bishops were wont to judge of Christian Emperors, and not Emperors of Bishops. Eris, Deo savente etiam senectutis maturitate provectior, & tunc de hoc censebis qualis ille Episcopus sit, qui laicu ius sacerdotale substernit, Pater nunc, vir maturioris aevi dicebat, Non est meum judicare inter Episcopos; Tua nunc dicet Clementia; Ego debeo judicare? You shall be, by God's favour, by the maturity of old age (you being now in your youth) better informed, and then you will be able to judge better of this point, what manner of Bishop he is to be accounted, that subjecteth the right of Priestdome to lay men, your Father being a man of riper years, said, It belongeth not to me to be judge amongst Bishops; And will your Clemency say now, that you ought to be their judge? so S. Ambrose in this occasion.  

Anno 387.  27. The next year after with the same Valentinian, who by instigation of the said Arrians, favoured by justina the Empress, decreed, that a Church in Milan should be given unto them, S. Ambrose resisting the same, 
Lib. ●. epistola●um epistola. 13.  had a notable combat, which besides other Authors, himself setteth down at large in a certain epistle to his sister Marcellina, where showing the solemn denunciation of the emperors Decree unto him, with his answer, he saith. Conuenerunt me primò viri comites Consistoriani, etc. First, there came unto me certain Earls of the Court to command me to deliver the Church, etc. 
S. Ambrose his combat about delivering up a Church to the Emperor.  I answered that which belongeth to a man of my order, that the Church could not be given up by a Priest, etc. Ego mansi in munere, missam faecere caepi, dum ●ffero, raptum cognout, etc. I continued on in my Priestly function, I began to say mass, and whilst I was offering, I understood that one of the adversary part, was taken by the people, I began bitterly to weep, and beseech God in my oblation; that he would help, that no blood might be shed in this cause of the Church; but that my blood only, if it were his holy will, might be shed not only for safety of the people, but also for the wicked sort themselves. etc. The emperors Earls and Tribunes urged me again, that I should deliver the Church saying. Imperatorem iure suo uti, eò quòd in potestate eius essent omnia. Respondi quae divina sunt, Imperatoriae popotestaeti non esse subiectae, etc. They said that the Emperor did but use this own right, and due authority, for that all was in his power. I answered that those things that were divine, & belonged to God, are not subject to the emperors power. So S. Ambrose for defence of this his particular Church against the emperors commandment, which notwithstanding was but a material Church as you see; and yet he said the cause was divine and not subject to the Emperor's power; but to a higher authority of the clergy.  
27. And yet further when the said Tribunes, sent by the Emperor required to have certain Church-vessels delivered unto them. S. Ambrose writeth thus. 
Ambr. ibid.  Cum esset propositum, ut Ecclesiae vasa iam traderenpius hoc responsi reddidi, etc. when it was proposed unto me by the emperors officers, that we should presently deliver up the vessels of the Church (behold Church-vessels of price in those days) I gave this answer: that if any things of mine were demanded, either land, or house, or gold, or silver, or any other things that lay in my power to give, I would willingly offer the same; but from the Church of God I could take nothing away, nor deliver that which I had received to be kept. 
S. Ambros. conflict about Church vessels.  And that in this point I did respect the health principally of the emperors soul: for that it was not expedient for me to deliver the said Vessels, nor for him to receive them: And that he should take in good part, the speech of a free Priest. If the Emperor did love himself, he should do well to cease from offering injury to Christ. So he. And what would he have said (think you) or answered, if he had been in our English Parliament, when K. Henry the 8. both demanded, and obtained not only the Vessels of many hundred Churches, but the lands, livings, houses, and Churches also themselves which he pulled down, & equalled with the ground, or from sacred, translated them to profane uses.  
28. But let us hear the same Doctor and Father, 
Ambros. concione de basilis non tradendit harot●●i●, aut gentelibus.  handling this subject more clearly in another place, to wit, in a public sermon to the people, wherein he instructeth them of the true nature, and subordination of these two Powers, Spiritual, and Temporal, Ecclesiastical and Imperial. Soluimus (saith he) quae sunt Caesaris, Caesari; & quae sunt Dei, Deo. etc. we do pay unto Caesar those things, 
Tom. 5.  that belong to Caesar, and we give unto God, the things that appertain unto him. Is it Caesar's tribute that is demanded? we deny it not. Is it the Church of God? It ought not to be given up to Caesar. For that the Temple of God, cannot be the right of Caesar, which we speak to the emperors honour, for what is more honourable unto him, then that he being an Emperor, be called a child of the Church? 
The Emperor a child of the church and not above the Church.  which when it is said, it is spoken without sin, and to his grace, for that a good Emperor is within the Church, but not above the Church, and he seeketh rather help of the Church, than refuseth the same; this as we speak in humility, so with constancy we freely affirm it. And albeit some do here threaten us fire, sword, and exile, yet we being Christ's servants have learned not to fear such things, and him that feareth not, no threats can daunt.  
29. And finally not to be longer in this matter, the same good Bishop some few years after, having occasion to reprehend, and correct by his Ecclesiastical Power and jurisdiction, the famous Emperor Theodosius the Great, 
S. Ambrose his correction of Theodosius the Emperor.  he failed not to use the same, and thereby showed the eminency of his jurisdiction above the other. The occasion was, for that the said good Emperor had suffered himself, by the incitation of certain of his court about him, to permit the sackage, or spoil of the City of Thessolonica, 
Ambros. epist. 18.  for certain hours to his soldiers, in revenge or chastisement of a certain disorder committed by them, but the said sackage and massacre proceeding further upon fury of soldiers, than the emperors meaning was, and many thousands of innocent people slain. S. Ambrose wrote first an earnest epistle to the said Emperor, laying before him, the grievousness of his sin, and exhorting him to do penance; 
Anno 390.  Wherein he; when the Emperor performed not so much as he desired, proceeded further. And when the Emperor came one day to the Church, the foresaid Bishop went forth, and met him without the Church door, forbidding him to enter therein, as unworthy the communion of Christian faithful people, until he had done sufficient penance for his sin, which the good Emperor meekly obeyed; as he did afterward also, when he coming to the Church to be reconciled, and having made his offering, he remained within the chancel among the Priests. But S. Ambrose sending unto him his Deacon, signified, that, that place was only for Priests and Clergy men, and therefore he should depart forth into the body of the Church amongst lay men, adding this sentence. Purpurae Imperatores, non sacerdotes efficit. Purple robes make Emperors, but not Priests. Which admonition (saith Theodorete) the most faithful Emperor took in good part, and said, that he did not stay within the chancel, upon any presumption, but for that he had learned that custom in Constantinople: 
Theodoret. lib. 5. hist. cap. 17.  and therefore gave him thanks also, for this wholesome admonition. So he.  
30 But all which is seen what eminency of Spiritual Authority, was ascribed by these holy Fathers and Doctors, to Bishop's Priests, and Clergymen, above Kings and Emperors; and I might add much more out of them to the same effect for confutation of M. Attorneys Paradox, but that I am to reserve divers things, to the fourth chapter of this book, where I must answer his principal argument; That whosoever ascribeth not all supreme power to Princes, as well in Ecclesiastical as Temporal matters, maketh them no complete monarchs: But these holy Fathers of the ancient primitive Church were of another judgement, as you see.  
31. Wherefore this being so, that in the Church, & Commonwealth of Christ, though Kings and Emperors be Supreme in temporal Authority, and both honour, obedience, and tribute due unto them in their degree, 
Matth. 21. Rom. 13. 1. Pet. 4.  as Christ and his Apostles do teach: yet, that in spiritual, and Ecclesiastical matters, concerning the soul, Priests and Bishops are more eminent in Authority. Hence it was deduced, that for combining these two Powers, and Authority together in peace and union, and due subordination in the Christian Common wealth, 
How these two powers are to be combined.  the one having need of the other (for that neither the temporal party can save their souls, without the spiritual function; neither the Ecclesiastical State be defended without the temporal sword) hence (I say), it proceeded that presently after the entrance of Constantine the Emperor into the Church, whereby Temporal, & Spiritual Power were to be conjoined together, and exercised in one body (though in different tribunals, & distinct affairs) several laws, and ordinances were set down, and agreed upon, how they should live together in peace, and concord, and dutiful respect the one to the other: 
See of the distinction of these 2. names the Canons of the Apostles. Can. 12. 13. 15. & Tertul. l. de Moong. and Conn. Nuo●. 1. Can. 1. ●. ●. 1. 17. 18. 19 etc.  the Ecclesiastical party, by an ancient name, even from the Apostles time downwards, being called the Clergy, which signifieth the lot, or peculiar in heritance of God himself; and the temporal party named the Laity, which importeth as much as the rest of the people, besides the Clergy.  
32. These two parties I say, are directed by most ancient laws both divine, and human how to live together in union, & due subordination, giving to each power, and government, that which is due to each other, especially in these points following, which Catholic divines, and Canon-lawyers do largely handle: But I shall briefly touch the sun only in this place so far, is it may appertain to better decision of this our controversy. Noting first by the way for the Reader his better advertisement, 
Note.  that these two Powers of Spiritual, and Temporal jurisdiction, being different (as hath been said) and having so different ends, and objects; and proceeding so differently from God, by different means and manners; and that they may be separated, and remain severally and alone in different subjects, as they did for divers ages together in the primitive Church. All this (I say) being so, it followeth that it is no good argument, but rather a manifest fallacy, to infer the one of the other, as to say, he hath spiritual jurisdiction over me, and therefore also temporal; which followeth not, and much less the contrary; he hath temporal Authority over any ergo spiritual also. And least of all, as M. Atorney argueth everywhere. A Prince or Monarch hath supreme authority temporal, ergo also spiritual; for that the one may be without the other, as coming down from one origen, by different means, and to different ends, as before hath been declared. Now then let us pass to the decisions above mentioned for due Subordination in these two Powers.   

THE THIRD PART OF THIS CHAPTER, Showing how these two Powers, and jurisdictions, may stand well together in agreement, peace and union. 4. II.  
33. The first affertion both of Divines, and Canonists is, that notwithstanding the former Prerogatives of Spiritual Power above Temporal; yet when they are conjoined in one Commonwealth (as they have been in the Catholic Church for these thirteen hundred years at least, since the Conversion of Constantine the Emperor) the Clergy, and Ecclesiastical persons of every Realm, as members of that Commonwealth, are subject unto the Emperor, King, or other head of that Civil and politic body, or Commonwealth in all temporal laws, and ordinances, not contrary to God's law, nor the Cannons of holy Church; and are punishable for the same, though not in temporal courts, but spiritual, as after ward in the third assertion shall be declared. As for example; when the Civil magistrate appointeth things to be sold at such, or such price: that no man go by night with arms: or carry out commodities of the Realm without licence, and the like: 
1 The obedience of Clergy men, due to the Civil magistrates.  clergy men as Citizens of the Commonwealth are subject also unto these laws which are made for direction of of the Commonwealth, to peace, abundance, and prosperity: and consequently, are to be observed also by Bishops, Priests, and clergymen.  
34. And in this sense, are to be understood the words, both of our Saviour, and his Apostles, when they ordain all obedience to be exhibited by all Christians to their temporal Princes, without exception of any, yea though they were evil men or infidels. AS namely where S. Paul saith. 
Rom. 2.  Omnia anima potestatibus sublimioribus subdita sit. Let every soul be subject to higher powers, which S. Peter expoundeth, 
1. Pet. 2.  siuè Regi, siuè Ducibus, etc. Whether it be to Kings, Dukes; and the like. Upon which place to S. Paul, the holy Doctor S. Chrysostome inferreth that political, 
Chrysost. comment. in Rom. 13.  and temporal laws, are not abrogated by the gospel, but that both Priests, and monks, are bound to obey the same in temporal affairs. And Valentinian the good Christian Emperor, 
Valent apud Theod. l. 14. hist. cap. 7.  in a certain Epistle of his, to the Bishops of Asia above 12. hundred years gone, said● that good Bishops do obey, not only the laws of God, but of Kings likewise. Which Pope Nicolas the first, writing to Michael the Emperor doth prove, when he saith, 
Nicol. 1. epist. ad Mica●lem. Imper.  that Christian Emperors do need Bishops for the attaining of everlasting life; But that Bishops do need Kings, and Emperors only, to use their laws, for their direction in temporal affairs. And finally the matter is clear not only, by the testimony, and practise of the primitive Church (say our Divines) but also by reason itself. For that if any sort of people should live in a Commonwealth, and not observe the laws thereof, it would be a perturbation to the whole. And for that these Civil laws, albeit their immediate end be temporal good; yet may the observation thereof be referred also to a higher spiritual end by good men, and therefore are all good subjects bound to obey them. And this for the first point.  
35. The second is, that in causes mere Ecclesiastical, and Spiritual, which appertain to Religion, Faith, Sacraments, holy Orders, and the like, and are to be determined out of the gospel, councils, Canons, and Doctors of the Church: In all these affairs Catholic divines hold, that Ecclesiastical persons, are no way subject to temporal Princes, for the reasons before alleged of pre-eminency of Spiritual Power, 
2 Clergy men in spiritual matters cannot be under the laity.  above Temporal in these affairs. In respect whereof the holy ancient Bishops did stand with Christian Emperors, and aver their Authority to be above the others, as before out of S. Gregory Nazianzen, S. Ambrose S. Chrisostome and others you have heard declared. So as here you see a mutual Subordination of Priests to Princes, in Civil and temporal matters, and of Princes to Priests and Bishops, in spiritual affairs: which according to S. Gregory Nazianzen his comparison before mentioned, may thus be expressed; that the soul in matters of this life, though with some grief and regreate of spirit in good men, is bound to follow the direction, and law of the body for health, strength, and other such corporal commodities; and the body in matters of life everlasting, must be content to follow the soul, and direction of spirit, and so is bound to do, though with repugnance oftentimes of the flesh, as in fasting, praying, penance, & other such like exercise. And wheresoever these two mutual subordinations be well observed; there the Common wealth goeth forward well, and prosperously; and contrariwise where the said subordination is neglected or perturbed, there all goeth out of order and joint.  
36. But now there remaineth a third point of further moderation, between these two Powers, which is according to our divines, and Canon-lawyers; 
3 Ha● clergy men's persons & good● are ●●●mp●●d 〈…〉 power.  That albeit Ecclesiastical men be subject to the observation of temporal laws; as before is said; yet are as well their persons, as their goods free, and exempted, from the temporal magistrate, and his tribunals, even in those causes also: in so much, that if Clergy men do offend against the laws of the Commonwealth, they are to be judged, and condemned by Ecclesiastical judges, in the Courts, and tribunals of their prelates, and afterward to be delivered to secular power, to inflict the decreed punishment upon them, which they shall be found worthy of. Their goods also both Ecclesiastical, and temporal, are exempted from all secular power, and their impositions, or exactions, by ancient Decrees and Constitutions, as well of the Church, as of old Christian Emperors in honorem Cleri in honour of the Clergy, 
See Concil. La●eran. sub Alex. 3. part l. c. 10. ● s●b ●●. no●. 3. c 46. Item cap. Quanqu● de Censibus, & cap. Clericis, & cap. Nonnulli, etc. in 6.  to use the ancient word. And as for Ecclesiastical Constitutions to this effect made as well by general councils as particular Popes, even down from the primitive Church, sufficient testimonies, or rather abundant are extant, and may be seen collected together by Gratian, and others in the sixth Book of decretals, especially out of two Lateran General councils and many other particular decrees, Laws, and Ordinances Ecclesiastical, tending to this purpose. And many ages before this, the same exemptions be recorded, especially for the immunity of their persons from secular power, and tribunals, as in the Council of Chalcedon, and 9 Canon: 
See the Council of To ●t. also ●on. 3. can. 13. & Matis●on, can. 8.  The Council Agathense, and 32. Canon, and the third Council of Carthage, wherein S. Augustine himself was present, and diverse other Counsels.  
37. And there do not want many learned divines, who are of opinion, that this exemption of Ecclesiastical persons, and their goods, is not only juris humani Ecclesiastici, by positive and human Ecclesiastical laws: 
4 Exemption of Clergy men en jure diu●●●.  But juris divini also; that is to say, by right of divine law in a certain sort, which is thus to be understood; That albeit God hath not expressly commanded it in the written law of Scripture, yet is it conform both to the law of nature, which is also God's law; as likewise it may be deduced, & inferred from examples recorded in Scripture, under the old Testament, that God would have this honour of exemption, and immunity in temporal things to be exhibited to his Clergy. 
Gen. 47.  And therefore we do read in Genesis that joseph the Patriarch in the law of Nature, did exempt the Priests of the Egyptians, from all temporal tributes. 
1. Esd. 7.  And in the books of Esdras we read, that Artaxerxes King of the Persians, out of the same law of Nature, did make free also the Priests of Israel. And that the very Gentiles did the same to their Priests out of the same law, and instinct of Nature, is evident out of Aristotle in his second book Oeconomicorum. And of Caesar in his sixth book De bello Gallico. And out of Plutarch in the life of Camillus, and other Pagan writers. And in the written law we read, as well in Exodus, 
Exod. 30.  as in the book of Numbers, 
1. Num. 5.  That God did often affirm, that he would have the order of Levites to be his, and to be freely given, and made subject only to Aaron their high Priest, and to pay no tribute. Out of which is inferred, that if God in the law of Nature, and of Moses, would have Priests, and Levites to be free in their persons, & goods, from temporal exactions; much more may it be presumed, that he will have it so in the new Law of the Gospel, 
S. Leo serm. 8. de p●ss. Dor●n●.  where to use the words of S. Leo. Et Ordo clarior Levitarum, & dignit as amplior seniorum, & sacratior unctio sacerdotum, etc. The order of Levites is more eminent, and the dignity of elders more excellent, and the anointing of Priests more sacred and holy among Christians, than they were among the jews. And thus much of Ecclesiastical Laws, for exemption of the Clergy.  

5 Exemption of the Clergy by Imperial ●awes.  38. But now upon the very self same Considerations, temporal Princes also coming to be Christians, did voluntarily consume, & establish by their political laws, the same exemptions, as first of all, our first Christian Emperor Constantine the Great, as soon as he came to receive that Grace, and light of the gospel, 
Cons●antin 〈◊〉 ad Auill apud Euses. ●. 10. ●ist. ●●p. 7 cod. Ib●●d. ●. 16. ●●t. & ●. 26. & ●od. 〈◊〉 l. San●imu● 〈◊〉 Eccl. Hi●ram.  did upon his singular devotion, make all the Ecclesiastical persons, immunes à communibus Reipublicae oneribus. Free from all public charges, and burdens of the Commonwealth, which lay men did under go; as by his epistle set down by Eusebius is clear. And the same example did other Christian Emperors follow after him, as may appear by divers laws, as well in the Code of Theedosius, as also of justinian. And the same doth S. Hi●rome signify to have been in use in his days, and S. Ambrose also in his, so much as appertaineth to the freedom of their persons; though for their lands, and possessions, he saith. 
 Agri Ecclesiae soln●nt tributum. That the lands of the Church did pay a certain tribute at that time; which may be understood in the respect of the emperors public necessity through wars; upon which or like due considerations, Clergy men have all ways been ready and aught to be, to contribute willingly, and gratefully according to their abilities, towards the public charges of their temporal Prince's affairs; notwithstanding their exemptions by law, and justice.  
39 Particular Kings and Princes in like manner upon their devotions, and to the imitation of their foresaid good Emperors, have by their particular laws in every Christian country confirmed the franquises, freedoms, and immunities of the Church and Clergy: and perhaps in no one nation mor● throughout Christendom, than in our English Realm, whether we consider times either before the Conquest, or after: And before the Conquest it may be seen by the collection of old English laws of every Kingdom, set forth by K. Edgar, and K. Edward the Confessor; 
6 Exemptions confirmed by particular Kings and Princes.  and after the Conquest by the Conqueror himse●, as after shall be showed; And after him again by the very first Statutes, that are extant in Print, namely, from the great Charter made by K. Henry the third in the 9 year of his Reign, 
Magna Charta arti●●d. Cleri.  and the articles of the Clergy established in the 9 year, of K. Edward the second in the favour of the said Clergy; the said great Charter being reiterated and ratified, in most of the ensuing Parliaments for authorizing, and establishing the foresaid exemptions, and privileges of Clergymen, which were from time to time by all our Kings confirmed (as afterward shall more largely and particularly be proved) until the later times of K. Henry the eight.  
40. Now then, matters standing thus, and the Church in every country throughout Christendom being in possession of these liberties, freedoms, and immunities, for their persons, and goods, and acknowledging for their supreme superior in Spiritual Power, and jurisdiction, the Bishop of Rome, and their temporal Kings in Civil, and temporal matters: there grew in process of time, many difficulties, and entanglements, about the execution, and subordination of these two jurisdictions Temporal, and Spiritual the one to th'other, sometimes by abuse, passion, or indiscretion of some under-officers of these two supreme powers, & tribunals within our land; each side seeking to encroach upon the other, or at leastwise not to be content with their own limits, For as between the spirit, and flesh in this life, (to use again S. Gregory nazianzen's similitude) there is some continual strife, and struglinge; 
7 The competence between temporal and ecclesiastical Magistrates in some external things.  so hath it been always in a certain sort between these two powers of Spiritual and Temporal jurisdiction, or at leastwise in the exercise thereof, especially as riches, & temporalityes grew more in the Clergy; and thereby gave matter of envy, and emulation; and less devotion to the laity towards them; in so much, that at length for avoiding worse inconveniences, limitations, conditions, concordates, and transactions, were made and brought into use, how far the execution of each party's authority should be extended in certain inferior things, that might seem either mixed, or doubtful, as by many examples, both in France, Spain, Sicily, Naples, Flaunders, England, and other countries may be declared: Whereupon notwithstanding daily we see sundry difficulties, suits, and controversies to arise.  

How restraints came in of exercising some points of the Pope's ancient authority.  41. Some States also, and Catholic Kingdoms, have made certain Decrees, or Restraints at sometimes de facto (whether rightfully or Noah, I will not now dispute) for preventing, and remedying some pretended inconveniences, in the exercise of certain points of the Pope's Authority within their said Realms, Some other also pretend to have done the same with indult, consent, transaction, or convivency of the Pope himself. But none of all these (which is the main point) did ever deny, or call in question the said Authority itself, as after shall appear; but rather did many ways acknowledge, and confess the same; and of this kind of Restrictions, or Interpretations, are the most part of these few pieces of Decrees, and Statutes, Customs, Laws, or Ordinances, that M. Attorney doth allege, which make nothing at all for the proof of his main question, that our English Kings before and after the Conquest, did take upon themselves supreme Spiritual Authority, as derived from the Right of their Crown: nay rather they make fully against him, for that the very manner of making these restraints, first by way of supplication to the Pope's themselves (as after shall be showed) and then by domestical ordinances, doth well declare what opinion the said Princes had of that power to be in the said Popes, & not in themselves. And this is so much as needeth to be said in this place for a general light to the whole matter. Now shall we pass over, to treat of the particular occasion, whereupon M. Attorney thought good, to ground his whole discourse of Q. Elizabethes' Ecclesiastical Authority, as presently shall be declared.    

THE PARTICULAR STATE OF THE CONTROVERSY With M. Attorney, concerning the late Queens Ecclesiastical Power, by the ancient laws of England, deduced out of the case of one Robert Caudery Clerk. CHAP. III.  

Master Attorney for preamble or entrance, to his designed Argument against recusant Catholics (for that to be his purpose, the end of his book declareth) he setteth down a pitiful case of one Robert Caudery Clerk, deprived of his benefice, or parsonage of North-looffennam in Ruland-shire, by the Bishop of London, as high Commissioner, with consent of some of his associates, authorized in Causes Ecclesiastical by a Commission of the late Queen, granted by her letters Patents the ninth day of December, in the 26. year of her Reign. I do call the case pitiful, not so much in respect of the poor man deprived and vexed, as after shall appear, but much more of the public partiality appearing to have been used against him, by sway of the time, and by such men, as occupied the place of justice. You shall hear how the Case passed, and judge thereof yourselves.  
2. This Caudery in the Term of S. Hilary (saith M. Attorney) in the 33. year of the reign of Q. Elizabeth brought an action of trespass, 
Caudery his Case. R●tulo. 304. Reports. sol. 1.  against one George Atton, for breaking of his close in North-looffennam aforesaid, upon the 7. day of August in the 31. year of the said Q. But Atton pleaded not guilty; and the jury found, that the said Cauderie, had been deprived of that benefice, (in part whereof the Close was broken) by a sentence of the said Bishop of London, Cum assensu A. B. C. D. etc. Collegerum suorum. For that he had preached against the Book of Common-praier, and refused to celebrate divine service according to the same.  

The ground of the controversy.  3. hereupon it came in question, how and by what Authority, the said Bishop of London had given his sentence, either rightfully or wrongfully. And first it was alleged by Cauderyes Counsel, that the Authority of commission given to him (to wit to the forenamed Bishop of London) and certain others his Colleags, 
Statute for spiritual authority Anno 1. Elizabethae.  by the foresaid Q. Elizabeth's letters Patents, was only founded upon a Statute, made in the first year of her Reign, by which it was enacted, That such jurisdiction Ecclesiastical, as by any spiritual, or Ecclesiastical power, hath heretofore been, or may lawfully be exercised, for the visitation of the Ecclesiastical estate, and persons, and for the reformation, order, and correction of the same, and of all manner of errors, heresies, schisms, abuses, offences, contempts, and enormities within this Realm, should for ever be united and annexed to the Imperial Crown of this Realm. And that her highness, her heirs, and Successors should have full power, and Authority, 
The Spiritual authority given to Q. Elizabeth by Statute.  by virtue of that Act, by letters Patents under the great Seal of England, to assign, nominate, and authorize such persons (being natural borne subjects) as her Highness, her heirs, or Successors should think meet, to exercise and execute, under her highness, her heirs, and successors, all, and all manner of jurisdiction, Privileges, and pre-eminences, in any wise, touching or concerning any spiritual, or Ecclesiastical jurisdiction, within this Realm of England, and Ireland. And to visit, reform, redress, order, correct, and amend all such errors, heresies, schisms, abuses, offences, contempts, and enormities whatsoever, which by any manner of spiritual, or Ecclesiastical Power, Authority, or jurisdiction, can or may lawfully be reform, ordered, corrected, and amended. etc.  
4. This was the ground, whereby both the Queen was endued as you see, with all manner of Ecclesiastical power, and jurisdiction, and had authority also given her, to bestow the same upon others: without any other condition here expressed, but only that they should be natural borne subjects. So as if it had pleased her Majesty, to have bestowed a Commission, upon so many Ladies of the Court, to visit some part of the Clergy, or Laity; to redress their errors, heresies, abuses, or other enormities; or instead of the Bishops named by her, she had thought good to nominate their wives for high commissioners over them, to reform, order, redress, correct, or amend abuses, I see not by the words of the Statute, why it had not been lawful; For so much, as there is no exception of sex therein. And as well might the Queen have made women her substitutes in this point, as this Statute gave all the power in capite to herself being a woman. I would ask moreover, that whereas K. Henry the eight, when he was made head of the Church appointed for his Vicar-general in Spiritualibus the Lord Cromwell, 
Certain cases of inconveniences upon Q. Elizabethes' supreme spiritual authority.  that was a mere lay man, and caused him to sit above all the Bishops in Synods and Counsels, about Ecclesiastical affairs: why his daughter Q. Elizabeth that had the same authority that he had, might not have appointed my Lady Cromwell, or any such other Lady of that sex, whereof there were diverse that professed good skill in divinity (at the beginning of her Reign) for her Vicaresse-Generall, in Ecclesiastical affairs. Nay why the feminne sex might not have conspired together to have put down men for a time, and to have taken the government of the Church upon themselves: making themselves the Clergy, as their husbands were the laity. And truly albeit this may seem ridiculous; yet I see not, what in earnest can be answered hereunto, but only the novelty, and indecency of the thing. For, as for the lawfulness, according to Luther's doctrine, 
Lutherus. lib. de abroganda missa. Et ● cap. Ba●il.  that holdeth all people, to be Priests, and capable of all spiritual functions, both men and women, I see no great difficulty. And as for the said inconveniences of novelty and indecency, there might seem to be as great, or greater in giving Ecclesiastical primacy to a woman, as to make another woman her substitute, or Vicaresse; But we see the first done, and therefore the second in like manner might have been done, if her Majesty had pleased.  
5. But leaving this we shall return to our Case of Caudery the Clerk, who whether he were a Catholic Priest, or Puritan-minister, that was deprived for refusing to follow the Communion-booke, is uncertain; but whatsoever he was, it seemeth that his cause was much over borne by the Current of the time, in favour of the Bishop of London that deprived him, which I notwithstanding would not trouble myself, nor my Reader to repeat in this place, but that I am forced thereunto in regard, that upon his Plea, & Resolution of the temporal judges thereon, riseth out the occasion of our particular Controversy, about Q. Elizabeth's Spiritual jurisdiction.  

The first argument of Caudery.  6. First then the said Cauderyes Counsel pleaded for him, that whereas in the Statute concerning the foresaid Book of Common prayer (which they said was made with much moderation, and equity) it was appointed and ordained, that if any did offend against the same, he should for the first time lose only the profit of his Ecclesiastical livings for one year, and suffer imprisonment for six months: And for the second offence, be deprived ipso facto: And for the third, be imprisoned during his life; And that of every of these offences, in order, the delinquent should be severally convicted, & condemned judicially; which they said, that the Bishop of London had not observed, but had deprived Caudery for the first offence; and this upon no notorious evidence of the fact, or by his own confession as the statute ordained: but only by default of his appearance. So as they alleged two great, and important defects, to have been committed by him; 
The reply against Caudery. Reports fo●. 5.  and consequently his fact to be void. And yet not withstanding saith M. Attorney; it was resolved by the whole Court, that the Bishop's sentence was not to be impeached, for either of them; First, for that it was not said in the Queen's Commission, that you shall proceed thus, and not other wise, or in no other manner or form. secondly for that the Ecclesiastical and temporal laws, have several proceedings, and several ends. And thirdly, for that there is a certain proviso in the said Act, that all Archbishops and Bishops, and every of their Chancellors, Commissaries, Archdeacon's, and other Ordinaries, having peculiar Ecclesiastical jurisdiction; may inquire, and punish within their said jurisdictions, by admonition, excommunication, sequestration, or deprivation. etc.  

Three shifts re●u●ed.  7. But by M. attorneys leave, none of these three shifts can satisfy the reason of an indifferent man in this Case: For first the Commission given to punish by the Queen, was stricti juris, and consequently not to be enlarged further, than the express words do bear; especially seeing that it is in prejudice of others. And the second evasion seemeth prejudicial to the judges themselves, confessing thereby in effect, that albeit by their Common-law, which pretendeth to follow Reason, the Bishop's proceeding was not warrant-able: yet it might be so, by the Ecclesiastical law, (that belike proceedeth without Reason) though how, or why, nothing is here set down, but only this, 
Reporte● fol. 6.  that the temporal law is to inflict punishment upon the body, lands, and goods; the other being spiritual, is pro salute anima; the one to punish the outward man; the other to reform the inward: as though, this external act of depriving Caudery from his benefice, did not punish him outwardly, as well, as reform him inwardly: and yet doth M. Attorney, (as though he had said somewhat to the purpose) quote his 
* 12. Isa●. ●. 22. & 10. Edw. 4. etc.  book for it, and thereon maketh this conclusion. Then (saith he) both these distinct, and several jurisdictions, consist and stand well together, and do join in this, to have the whole man inwardly, and outwardly reform. Which conclusion supposing, as you see, all Ecclesiastical jurisdiction, to be inward only, is denied by us flattlie; for that we hold Ecclesiastical jurisdiction to be both internal, and external, in fore conscientia, & in fore contentioso: as in the precedent Chapter we have showed. And secondly we say, that this seemeth nothing to the purpose, for releevinge the Bishop of London his Act, in depriving Caudery beyond the form of his Commission.  
8. The third evasion also, 
3 Shift.  under colour of the forenamed proviso, is to little purpose; for that it alloweth only ordinary Ecclesiastical judges within their proper jurisdictions, to proceed by admonition, excommunication, sequestration, or deprivation; which was not so dangerous a matter, for so much as the party aggreived might always appeal from them to higher courts for remedy, if he were aggreived. But this authority of the high commissioners, being extraordinary and supreme, hath no Appellation from it, and consequently it was more reason and needful, that their Authority should be limited with some bounds; and that they should not exceed, the strict words of their commission, to the end, that the aggreived might appeal, at leastwise to the said Commission & clauses thereof, when they found themselves injured. And the argument used here by M. Attorney, à fortiore, 
M. Attorneys Argument à fortiore of no force.  hath no force at all; to wit, that for so much, as these inferior Ecclesiastical ordinary judges had power to proceed, without restraint of any particular form; much more, high Commissioners had that Authority given them; For that (saith he) Cui licet quod in maius est, non debet quod minus est non licere. He that may do the greater, may not be denied the lesser. This I say, is to simple to be brought forth, by so grave a Sage of the law, as M. Attorney is held to be. First, for that this Maximè agreeth not properly to out case: For albeit no man deny, but that high Commissioners could do more and greater things, than these ordinary Commissaries; yet, for this itself, they needed more to be bound, and tied to a prescript manner of justifiable proceeding, as hath been said; lest they might injure, and oppress men at their pleasure without remedy. And secondly is is not always true, that he which can do the greater, can do the less, when it is in different kind of jurisdictions, ordinary, or extraordinary: as in our case it falleth out.  

An example against M. Attorney.  9 For if (for examples sake) a visitor be sent to a College to visit the same for certain defects, with particular order, how to proceed, and punish the said offences; though in many things he have greater Authority, by his extraordinary commission, then is the ordinary of the Precedent and fellows, and other ordinary officers: yet cannot he either tacitè or à fortiore by virtue of this Maximè take unto him, all the power, and manner of proceeding which the said Precedent and fellows have, by their ordinary Authority of Statutes, in admitting and rejecting scholars, giving, and changing offices, setting, and letting of lands, and the like: except it be epresslie in his Commission. No, not in punishments neither, concerning those defects, which he hath to visit may he exceed his prescript order; they being things, as I say, stricti juris, which both law, reason, and conscience do forbid to be enlarged beyond his commission. And so doth M. Attorney seem to grant that it should be so in any judgement given by Commissioners, of Oyer and Terminer, or other Commissioners, or judges of the common law; insinuating belike, that the Canon, or Ecclesiastical law now used in England, is abritrary, & to be applied, as they please that sit in Authority.  

The second argument of Cauderyes case.  10. And this seemeth greatly to be confirmed, by another Resolution of his judges made to another argument of Caudery, wherein his Counsel urged for him, that according to the commission, sentence should have been given against him, by three at least of the Commissioners jointly concurring, which was not observed; but given only by the Bishop, though he pretendeth, that it was also by the consent of some of his Colleague. 
Strange resolution.  It was resolved (saith M. Attorney) by the whole Court that the sentence given by the Bishop, with Consent of his Colleags, was such, as the judges of the Common Law, aught to allow to be given according to the Ecclesiastical laws. Consider, I pray you, this Resolution, that they, out of the Common-law, do allow it to be well done, according to the Ecclesiastical laws: but hear the reason, for it importeth much, to see thereby the manner of proceeding: 
Reports fol. 7.  for seeing (saith he) that their authority is to proceed, and give sentence in Ecclesiastical causes, according to the Ecclesiastical law, and they have given a sentence in a cause Ecclesiastical, upon their proceedings; by source of that law, the judges of the common law, aught to give faith, and credit to their sentence, and to allow it to be done according to the Ecclesiastical law. For Cuilibet in sua arte perito est credendum. We must believe every skilful man in his art etc. So he. And is not this a strange Reason of a judicial sentence think you? that for so much, as the Bishop of London had deprived Caudery by pretence of an Ecclesiastical law, his fact must be allowed by virtue of this maxim: That every skilful man is to be credited in his art. And was not the poor plainteife well holpen up, who after four years' travel and cost, as it appeareth, wherein he followed the suit at the Common-law against the said Bishop, he was now answered, That every skilful man, must be believed in his art, without further enquiring.  
11. And yet M. Attorney here averreth, that it is a common, received opinion of all books, and citeth diverse 
* 11. Hen. 7. 9 14. Hen. 6. 14. etc.  bookcases for the same. And albeit I have not by me the books themselves nor do profess myself skilful therein; yet must I needs ascribe so much equity, prudence, & reason, unto the Common law as to presume that it will not admit this Maxim without some distinction or reasonable restriction. As for example; that this Peritus or skilful man, that must be so believed, be eminent in his art, and be not interessed, nor passionate in the Case proposed; For otherwise absurd effects would ensue: as for example. If a surgeon hired to cure a wound, should be suspected to have intoxicated the same, and that the Plainteife should have this answer, that every skilful man is to be believed in his art, it were injustice: For that he might, either of ignorance, have erred therein, if he be not known to be very well learned in his art; or of malice, if he might be presumed to hope, or expect gain by the wounded man's death. 
An example with the application thereof.  And howsoever it be, the matter in right, & conscience were not to be shuffled over with such an answer of the appointed judges, but the Case were to be examined, other surgeons to be consulted, them ans skill, honesty, and reputation to be inquired of, and other such diligence to be used, as might content, and satisfy the afflicted party; whereof none was done, as it seemeth, in the behalf of Caudery.  
12. For whereas in this case the Bishop of London was interessed in his honour, to defend that which he had done; 
Caudery shifted of ●ightly.  & not perhaps the greatest Canoinst, or Civilian Lawyer in the world for his skill; and this poor plainteife, as I say, having followed the Common Lawyers to judge the case for so many years; it seemeth a sleight shifting off, for the judges to tell him now, in favour of the said Bishop and his Colleags, Cuilibet in sua arte perito, est credendum. We must believe every man skilful in his science; which is as much as if they had said; he hath deprived you, and he is skilful in depriving, and therefore you must think that he hath done it very well. And this is all the remedy you are like to have.  
31. And by this the reader may also perceive how much is to be ascribed to M. attorneys words before recited, when he saith of those judges of the Common law, from whom he citeth some certain little pieces of Interpretations, Ordinances, Statutes, or decrees, in proof (as he would have it seem) of the Queen's Ecclesiastical jurisdiction; persuading us, that they could not be daunted with any fear, moved by any affection, nor corrupted with any reward: which as I believe in some, so the experience of these our days, and of these our forenamed judges and modern Sages, may teach us to suspect the same in others also of those ancienter times, who may be presumed to have followed the current of their days, and to have been no less ready, to run after their Prince's humours, than we see many lawyers and Divines also in our days to do. But now to the last argument of Caudery, & final Resolution against him.  
14. After that he had declared the three defects before mentioned of the Bishop of London's sentence against him. First that he was deprived upon the first accusation. secondly that he was convicted by no jury, witnesses, or confession, but upon not appearance. thirdly that the sentence was not given by three, or more Commissioners jointly. All which are express clauses of their commission slightly evacuated, 
The third argument of Caudery & how it was answered.  as before you have heard: he came to the fourth point, which is, that the Statute whereby this supreme ecclesiastcal power was given to the Queen herself by the Parliament, hath a clause; that such as should be named for commissioners must be naturally borne subjects. Which his counsel said did not appear by the special verdict of the jury, to have been observed, & consequently that the sentence was not good and available in law. Hereunto (saith M. Attorney) a threefold answer was given, and resolved by the whole court. 
Reports fol. 7.  First, that they which were Commissioners, and had places of judicature, should be intended to be subjects borne, and not aliens, etc. Quia stabitur praesumptioni, donec probetur in contrarium. The common presumption must be followed, until the contrary be proved. Here you see how much this answer weigheth. It seemeth to me that this matter might easily in four years have been verified, if the judges had listed, whether these Commissioners were aliens, or borne Subjects, & not to reject the Plainteife now with this shadow, of common presumption, that they might be presumed or supposed to be naturally borne.  
15. secondly, saith M. Attorney the jurors have found that the Queen, by her said letters Patents, did authorize them secundum formam Statuti praedicti: according to the form of the said Statute that authorised her; and therefore it doth by a necessary consequence amount to as much, as if they had found, that they had been subjects borne. 
Mark this kind of reasoning.  For if they were not subjects borne (saith he) they could not be so authorized secundum formam Statuti praedicti. This is the second answer somewhat weaker (as to me it seemeth) than the former, of presumption and common intendment. For here, instead of proving that the Commissioners were borne subjects, and consequently well anthorized; he subsumeth, and inferreth the contrary, to wit, that they were authorized by the Queen, secundum formam Statuti praedicti. ergo they were borne subjects: as who would say the Queen, or those that counseled her, could not be deceived or evil informed, or negligent in this point, about the observing of that clause: and yet this is all, that was answered by the Court to this matter. Which themselves (belike) considering, fell to devise a third answer, more absurd and paradoxical, than all the rest, which have given the ground or argument of this Sage fable or Comedy, which M. Attorney hath here partly reported, and partly exhibited unto us, in this his book, to the laughter of such as read it, and do consider the exorbitant vanity thereof. I shall set it down in very few words.  
16. When the forenamed Sages did perceive, that the former two answers to Cauderyes fourth exception, against the Queen's commission, 
The last answer of the ●●dg●e ●vherin 〈◊〉 case 〈◊〉 Caudery ●s●uded.  made out upon virtue of the statute in the first year of her reign, that gave her all kind of Spiritual power, and jurisdiction did not satisfy, they fell upon this third, that albeit the said Queen, had not observed the clauses, and conditions specified in the said Statute for authorizing others in the like jurisdiction: yet had she authority otherwise, to make out such a Commission, in that she was Queen, and this by the virtue of her Crown, according to the ancient Common laws of England.. 
●●p●rtes ●. ●.  You shall hear M. Attorneys own words in this resolution. This Act (saith he) of the first year of the late Queen (concerning Ecclesiastical jurisdiction) was not an act introductory of a new law, but declaratory of the old: which appeareth as well by the Title of the said Act, 
Anno. 1. Elizabeth ●.  videlicet. An Act, restoring to the Crown the ancient jurisdiction over the State Ecclesiastical & spiritual: etc. As also by the body of the Act in diverse parts thereof, for that this Act doth not annex any jurisdiction to the Crown, but that which in truth was, or of right aught to be, by the ancient laws of the Realm, parcel of the King's jurisdiction, and united to his Imperial Crown, etc. so as, if the said Act of the first year of the late Queen, had never been made, it was resolved by all the judges, that the King or Queen of England for the time being, may make such an Ecclesiastical commission, by the ancient prerogative, or law of England. Thus he.  
17. And truly I am sorry, that he affirmeth this strange Paradox to have been the resolution of all the judges there present. But to the end that all may not seem to have entered into this solemn folly, it were good that their particular names were known, that resolved the same; For certainly, it will be the most notorious jest, unto foreign lawyers of all sorts, & unto other grave, & learned men when it shall come abroad in other countries (as shortly it will, for that M. Attorney hath caused it also to be published in Latin) 
The absurdity & str●nge ●●a●l●y of this reso●u●ion.  which hath happened in many years, if not ages; & much laughter it will cause, & will celebrate, solemnly M. Attorneys name that is the Reporter thereof. For this matter toucheth not only England and English-laws, but all other Countries beside, who have run jointly with England for many hundred years, in the self same conformity of Catholic Religiou, and of temporal laws confirming the same in each Country, and particularly in this point of the Pope's Spiritual Authority universally received: So as, for so much as their kingdoms being entire Empires, and Monarchies, (as ours is) they must needs be said, to have had this Ecclesiastical jurisdiction also in the highest degree, included in their Kingly right, as parcel of their Imperial Crown; whereof ensueth, that either they, and their learned Counselours, Lawyers, and Sages, did not see or know the same, which had been great Ignorance: or esteemed it not, which had been great negligence; or (which is most likely) that our lawyers now will be thought by them ridiculous, to set forth such a strange Paradox to the world, contrary to that which so many thousand Sages of former times both in general councils and otherwise, have resolved, decreed, and determined, upon better deliberation, and more search, both of divinity, history, and law, than these temporal judges could do upon the sudden in Cauderyes case, howsoever M. Attorney doth magnify the same; who as I hear by some that will seem to report it from his own mouth, he that is the Reporter, is in great part also the author, or at least wise affecteth to be thought so, as of a new witty invention; having often, and unto many promised to prove it, and now hath begun to set upon it. We shall see with what event.   

THE SECOND PART OF THIS CHAPTER, With a more clear explication of the Question. §. I.  
18. But before we come to treat of proofs, we must consider of one circumstance of the matter more, which is of no small importance, for judging of the whole, and this is the circuit of words, and multitude of dark and dazzling phrases, which the foresaid Statute useth, in delivering, and setting down the Ecclesiastical power & jurisdiction, 
Reports fol. 1.  given to Q. Elizabeth, to wit; that all such jurisdiction Ecclesiastical, as by any spiritual, or Ecclesiastical power, hath heretofore been, or may lawfully be exercised, for the visitation of the Ecclesiastical estate and persons, and for their reformation, order, and correction of the same; and of all manner of errors, heresies etc. is given to the Queen, with full power and authority, to assign, nominate, and authorize others also, to exercise and execute under her highness all, and all manner of jurisdiction, privileges, and pre-eminences, in any wise touching or concerning, any spiritual or Ecclesiastical jurisdiction, and to visit, reform, redress, order, correct, and amend, etc.  
19 Which words may seem by their often naming of visitation and visiting, that they meant only to make the Queen a visitrix over the Clergy, which importeth much limitation of supreme power, and yet on the other side, they give her all jurisdiction Ecclesiastical, that ever hath been heretofore, or may be exercised by any Ecclesiastical authority or person; and that both she, and her substitutes, have all, and all manner of jurisdiction, privileges, and pre-eminences concerning spiritual affairs, as you have heard. 
Why so great circuit of words is used in the Statute of Supremacy.  So as, on the one side, they seem to restrain and limit, not calling her head of the Church, as before in the style of K. Henry, and K. Edward was accustomed, but rather a supreme Visitrix, as by these words appeareth. And on the otherside they giving her, all, and all manner of jurisdiction Ecclesiastical that by any power, or person Ecclesiastical hath ever heretofore been used, or may be used (including no doubt therein both the Pope, and all other Bishops, or Archbishops, that ever have exercised jurisdiction in England) they make her spiritual head of the Church in the highest degree; giving her the thing, without the name, and dazzling the eyes of the ordinary Reader, with these multitude of words subtly couched together. And why so think yond? I shall briefly disclose the mystery of this matter.  
20. When K. Henry the eight, had taken the Title of Supreme head of the Church upon him; as also the governors of K. Edward had given the same unto him, being but yet a child of 9 years old: the Protestants of other Countries, which were glad to see England, broke more and more from the Pope, whom they feared; yet not willing instead thereof to put themselves wholly under temporal Princes, but rather to rest at their own liberty, of choosing congregations and presbyteryes, to govern; began to mislike with this English style of Supreme head, 
See Mar●mus 〈◊〉 epist. ad ●●ector. Brand and Calvin in c. ●. Amos. & epist. ad Myc●s. and Viretus d●alog 3. de a●●●s damonibus. etc.  as well the Lutherans, as appeareth by divers of their writings, as also the Zwinglians; and much more afterward the Caluinists, whereupon john Calvin their head and founder, in his Commentary upon Amos the Prophet inveigheth bitterly against the said Title, and authority of supreme head taken first by King Henry, and saith it was Tyrannical, and impious. And the same assertion he held during his life, as after by occasion, more particularly shall be showed. And the whole body of Caluinists, throughout other Countries, are of the same opinion and faith, though in England, they be upon this point divided, into Protestants and Puritans, as all men know.  
21. This then being the State of things, when Q. Elizabeth began her Reign, those that were nearest about her, and most prevailed in Counsel, inclining to have a change in Religion, that thereby also other changes of dignities, offices, and livings might ensue, and desiring to reduce all to the new Queen's disposition; but yet finding great difficulty and resistance in many of the Caluinists, to give the accustomed Title of headship, in respect of john Calvin's reprobation thereof: 
A new devise to give the headship to Q. Elisabeth without the title of Head.  they devised a new form and featute of words, whereby covertly to give the substance without the name; that is to say, the whole spiritual power, & jurisdiction of supreme head under the name of Visitrix, or supreme governess, as in the Oath of the same Statute is set down where every man, under forfiture of all his lands and livings, (and life also in the third time) is bound to swear, and profess, that he beleiueth in his conscience, that the said Qneene is supreme governess in all causes Ecclesiastical in this sense; and that there is no other Spiritual power, or Ecclesiastical jurisdiction over souls in England, but this of the Qneene, or such as cometh from her. And this was also the high iniquity of this tragical Comedy among other; that the whole Realm being almost all Catholic and of a contrary belief at that time, was forced to swear, within thirty days after the said Act, to this fantastical devise of giving supreme authority Spiritual to a woman, whereof by natural, divine, and human law, she is not capable, (as in the next chapter shall be proved) being a devise of some few, in a corner first, and then procured by negotiation to pass in Parliament; or else to incur the danger of the foresaid penalties; that is to say, either sacrilegiously to forswear themselves against their consciences, or to undo themselves and theirs in wordly affairs; a hard and miserable choice.  
22. But now to the point itself, what real, and substantial difference (think you) can their be imagined between the spiritual Authority of Head-ship given unto K. Henry the 8. by the Statute of the 26. year of his reign, and this of visitrix or supreme governess, given to Q. Elizabeth in the first of her reign? Was not the self-same power and jurisdiction meant to be given? And if there be no difference in the thing itself why do they fly the word in this, which they used in that; and why do they use such large circumlocutions, of visiting, ordering, redressing, and the like? For as for K. Henry's statute, 
Statut. 26. Henr. 8 c. 1. anno Christi 1535.  it beareth this Title. An act concerning the King's highness, to be supreme head of the Church of England etc. And in the statute itself it is said. Be it enacted by the Authority of this present Parliament, that the King our sovereign Lord, his heirs, and successors, shall be taken, accepted, and reputed the only supreme head on earth of the Church of England, called Anglicana Ecclesia. And the same Title was 9 or 10. years after, given in like manner to K. Edward the sixth, by the same Authority of Parliament, if in this Case it had any authority: anecting also thereunto all jurisdiction spiritual whatsoever; as it appeareth by a certain declaration thereof, made in the Statute of the first year of the said King. 
Statut. 1. Edwa●d. 6 an. Domin● 15●7.  It saith thus. That for so much as all authority of jurisdiction, spiritual, and temporal, is derived and deducted, from the King's Majesty, as supreme head of these Churches, and Realms of England, and Ireland, and so justly acknowledged by the Clergy thereof; and that all Courts Ecclesiastical within these said two Realms, be kept by no other power and authority, either foreign, or within the Realm, but by the Authority of his most excellent Majesty: Be it therefore enacted, that all summons and citations, and other processes Ecclesiastical in all causes of Bastardy, bigamy, and such like, called Ecclesiastical shall be made in the name of our King. etc. And that in the Archbishops, and bishops seals of office (for testisying of this) the King's highness arms, be decently set with Characters under the said Arms, for the knowledge of the diocese: & that they shall use no other seal of jurisdiction, but wherein his majesties arms be engraved, etc.  
23. Lo here, not only the name, and Authority of head of the Church given to K. Edward the Child, and taken from the Pope; but all jurisdiction also, and sign of jurisdiction spiritual taken from the Archbishops, and Bishops of England, excepting only so far forth as it was imparted unto them by the said Child K. Which importeth much, if you consider it well: For this is not only to have power, to visit, and govern Ecclesiastical persons and to reform abuses &. Set down in the Queens grant by parliament; but to have all Ecclesiastical and spiritual power, and jurisdiction originally included in his own person and so to be able from himself, as from the first fountain and highest origen on earth, to derive the parts & parcels thereof to others, which you may consider how different it is from that which here the Statute would seem to ascribe to the Queen, and opposite and contrary to all that which the ancient Fathers in the precedent chapter did affirm, & protest not to be in their Kings and Emperors at all, but in Bishops and Priests only, as delivered immediately to them by Christ our Saviour, and by them, and from them only to be administered to others for their salvation. But by this new order of the English Parliament, 
The absurdities of the Statute decrees about sovereign spiritual authority.  the contrary course is established, to wit, that it must come to Bishops and Priests, from a lay man; yea a Child, and from a laywoman also, as the other Parliament determineth, and then must it needs follow also (as after more largely shall be proved) that both the one, and the other (I mean K. Edward, and Queen Elizabeth) had power, not only to give this Ecclesiastical jurisdiction unto others; but much more, to use, and exercise the same in like manner in their own persons if they would, as namely to give holy orders, create, & consecrate Bishops, confirm Children, absolve sins, administer Sacraments, teach, and preach, judge, and determine in points of faith and belief, sit in judgement upon errors and heresies, and the like. And this for K. Edward.  
24. Now than if it may be presumed, (as I think it may) that Queen Elizabeth's meaning was, to have no less Authority Spiritual, and Ecclesiastical given unto her, and acknowledged in her, than her said Father and Brother had used before; why did not the makers of this Statute set it down in plain words as the other did, but disguised the matter, by such manner of speech as they might seem to give but little, whereas they gave all, and more than all? The Cause was that which I have said before, for which they laboured not to be understood of all men, but to speak, as it were in mystery; not to offend so publicly the Caluinists, and yet to include matter enough, to overthrow Catholics. But the said exacter part, and purer Caluinists, 
See G●lby in his Dialogue. The ma● Cartwright, ● others.  quickly found out the matter, and so they began very shortly after to mutter and write against this, and divers other points of the Statute, and so have continued ever since; and the Controversy between them, is indeterminable.  
25. Well then, for so much, as now we have laid open the true state of the Question, and that M. Attorney is bound to prove his proposition in this sense and explication, that here is set down out of K. Henry, and K. Edward's Statutes, to wit that Q. Elizabeth had all plenary power of Spiritual jurisdiction in herself, 
〈◊〉 state 〈◊〉 the ●●●stion.  to derive unto others at her pleasure, as from the head, and fountain thereof. And that no Bishop, Archbishop, or other Ecclesiastical person within the Realm, had, or could have any spiritual power, or jurisdiction, but from the wellspring, and supreme sourge thereof. And this not only by virtue of the foresaid Statute of the first year of her reign, but before, & without this also by the very force of her Princely Crown, according to the meaning of the old, and most ancient common laws of England. It will be time now to pass on to the view of his proofs, which for so new, strange, and weighty an assertion that toucheth (if we believe the former alleged Fathers) the very quick, and one of the nearest means of our eternal salvation or damnation, aught to be very clear, sound and substantial; We shall see in the sequent Chapter what they are.    

WHEREAS IN THE CASE PROPOSED, THERE MAY BE TWO KINDS OF PROOFS, The one DE JURE, the other DE FACTO; M. Attorney is showed to have failed in both: and that we do evidently demonstrate in the one, and in the other. And first in that DE JURE. CHAP. FOUR  

THat the late Queen of England had such plenary Ecclesiastical Power, as before had been said, & this by the intent & meaning of the old ancient Common-lawes of England; though unto me & to many others, it seem a most improbable Paradox, and do mean afterwards, by God's assistance, to prove and evidently demonstrate the same, and show that from our first Christian Kings unto K. Henry the eight, the Common-lawes of our Land, were ever conform and subordinate to the Canon Ecclesiastical laws of the Roman Church in all spiritual affairs: yet for so much as M. Attorney hath taken upon him, to prove the contrary, two heads of proof he may follow therein. 
Proofs de jure and de Facto.  The first De jure, the second De facto. And albeit he entitle his Book according to the first, to wit, De jure Regis Ecclesiastico; yet doth he nothing less than prosecute that kind of proof, but rather flippeth to the second which is De Facto, endeavouring to prove, that certain Kings made certain laws, or attempted certain facts sometimes and upon some occasions, that might seem somewhat to smell or taste of Ecclesiastical power, assumed to themselves in derogation or restraint, of that of the Bishops, Popes, or Sea of Rome.  
2. Now albeit this were so, and granted (as after it will be reproved) yet well knoweth M. Attorney that an argument De facto inferreth not a proof De jure. For, if all the facts of our Kings among others, should be sufficient to justify all matters done by them; then would (for example) fornication be proved lawful, for that some of them are known to have had unlawful children, and left bastards behind them: And the like we might exemplify in other things. Neither do I allege this instance without peculiar cause or similitude; For as in that unlawful act of the flesh, they yielded rather to passion and lust, then to their own reason & judgement, knowing well enough that they did amiss, when they were void of the same passion: so in some of these actions of contention, about Ecclesiastical jurisdiction, some of them were biased with interest sometimes, by indignation, jealousy, & other like motives to do or attempt that, (especially in these later ages) which reason and Religion did not always approve, nor themselves neither upon more mature deliberation. And yet do I not grant that M. Attorney bringeth any thing of moment in this kind of proof de facto also, as after shall appear, though all his pretences of proofs be in this kind only.  
3. For, as for the first, though he entitle his book De jure as you have heard, yet little or nothing doth he allege therein worthy to be repeated: Only he hath one Argument mentioned and refuted by us before in the second Chapter of this Answer: 
●●portes fol. 9  which is that the Kingdom of England being an absolute Empire and Monarchy, consisting of one head, which is the King, and of a body politic divided into two general parts, the Clergy and the Laity: both of them next under God, must be subject & obedient to the same head in all causes, for that otherwise he should be no perfect Monarch or head of the whole body etc.  
4. But to this the answer is plain, by the grounds we have laid down in the same Chapter, of the different origen of spiritual and temporal power, and that it is sufficient to any temporal Monarch and to the perfection of his Monarchy, that all sorts of people throughout his dominions, as well Clergy as laity, be subject unto him in all temporal affairs: and that with this perfection of Monarchy were content both Constantyne the first christian Emperor, & also Valentinian, Gratian, Theodosius, Arcadius, Honorius, justinian, and other Emperors that eusued after him, as also Charles the Great in France with his Successors & all our English Kings before K. Henry the eight, who esteemed themselves for great perfect monarchs over their people (as in deed they were) without this challenge of Spiritual jurisdiction in Ecclesiastical matters. And therefore the said greatest Emperors, were content also to bear patiently, and christianly the denial thereof in divers occasions, 
Freedom of speech in the Fathers to Emperors.  by their good Bishops & Prelates, S. Basil, S. Gregory Nazienzen, S. Ambrose, & S. Chrysostome, yea and checks also for usurping sometimes, either by themselves, or their officers, upon Ecclesiastical power that belonged not to them; whereof many examples might be alleged, and some have been touched 
* Sup. c. ●. Nazian. orat. ad ●ues timore porculs●s.  before in the place mentioned. For to this end was that admonishment of S. Gregory Nazienzen to the Emperor Valentinian, that he should understand, that he being a Bishop had greater Authority than the said Emperor. To the same effect likewise was the resolute speech of S. Ambrose unto the same Valentinian, 
Anno 387. Theodoret. lib. 8. hist. & Paul●. in v●ta S. Ambrosijs Ruffian lib. 2. Inst. c. 18. Zozomen. lib. 7. c. 24. Ambros. epist. 33. ad Sororem.  Nolite gravare Imperator. etc. Trouble not yourself, Emperor, in commanding me to deliver the Church, nor do you persuade yourself that you have any Imperial right over those things that are spiritual or divine; exalt not yourself, but be subject to God if you will reign; be content with those things that belong to Cesar, and leave those which are of God unto God. Palaces appertain to the Emperor, and Churches unto the Priest. You have right over the walls of the City, but not upon sacred houses. So he; And the same S. Ambrose some 3. or .4. years after, used the like speech of superiority in spiritual matters to the good Emperor Theodosius checking him grievously, yea keeping him out of the Church, and holding him under excommunication, for eight months together. And when the said good Emperor came humbly on foot unto him, saying: Ora ut mihi soluas vincula, & ne mihi occludas ianuam. I beseech you lose my bands and shut not the Church door against me; The other answered, what penance can you show me that you have done since the committing of your grievous sin. etc.  
5. And the like liberty of speech might I allege out of S. Chrisostome, 
Chrisost. homil 4. de verb. Isa. Vidi Dominun. etc.  where speaking of the presumption of King Ozias, that would meddle in Spiritual matters used this Apostrophe unto him, Mane intra terminos tuos, aly sunt termini Regni, alij termini Sacerdoty: hoc Regnum illo maius; Stay king within thy bounds and limits, for different are the bounds of a Kingdom and the limits of Priesthood, and this Kingdom (of Priesthood) is greater than the other; whereof he yieldeth this reason a little after, 
bodies to ●●e King ●●ules to ●●e priest.  Regi corpora commissa sunt, sacerdoti animae? The bodies be committed to the King, the souls to the Priest. And in the next homily following he inferreth this conclusion: Ideoque Deus etc. Therefore hath God subjecteth the head of the King, to the hands of the Priest; instructing us thereby that the Priest is a greater Prince, than the king; 
Hebr. 7.  for that (according to S. Paul) the lesser always receiveth blessing from the greater, and more eminent. Other Father's sayings to the same effect I purposely omit for brevityes sake, but by these few M. Attorney may see, how he is deceived in placing the perfection of a temporal Monarchy, in having spiritual jurisdiction over Priests in Ecclesiastical affairs.  
6. We read that when Constantius the Emperor some to Constantyne the Great, took upon him to favour the Arrian heresy, he called unto him divers Catholic bishops, as S. Athanasius doth relate and setteth down their names, willing them to subscribe to that which he had appointed for the banishment of the said S. Athanasius, 
Athan●s. epist ad so ●●●riam vitā●ge●tes.  and communion with the Arrians: Quibus admirantib●● etc. Who marveling (saith he) at this commandment, as a new thing, and telling him that this was not according to the Ecclesiastical Canons, the Emperor replied, I will have that held for Canon which I do appoint, either obey or go into banishment; 
The words of holy Bishops to Constantius.  whereat they more wondering, and holding up their hands to heaven, did with liberty propose their reasons unto him, telling him that his Kingdom was not his, but from God who had given it unto him, and that it was to be feared lest he would take it again from him, and finally denounced unto him the last day of judgement, persuading him that he should not pervert the course of Ecclesiastical affairs, nor intermeddle his Roman Empire, in dealing with Ecclesiastical Constitutions etc. So Athanasius of these good Bishops.  
7. And unto the same Emperor, a little after, that great and famous Confessor Osius, 
Athanas. ●. ●●d.  who among the rest had sitten as judge in the Nicene Council, upon like occasion, wrote this grave and important admonition: Define quaeso, & memineriste mortalem esse, resormida diem judicij, etc. Leave of, I beseech thee, o Emperor, and remember that thou art mortal, fear the day of judgement, 
The resolute speech of Osius to the same Constantius.  and keep they self pure from this kind of sin, and do not intermeddle with Ecclesiastical causes. Do not use commandments to us in this kind, but rather learn of us God hath committed the Empire unto thee, but unto us the things that appertain to his Church; and as those, that malignantly do carp at thy Empire, do contradict the ordinance of God; so beware thou, least by drawing unto thee those things that appertain unto the Church, thou do involve thyself in a heinous sin, Give unto Cesar those things which are of Cesar (saith the Scripture) and to God those things that are of God; 
Matt. 22. Luc. 20.  & therefore as it is not lawful for us to meddle with thy earthly Empire; so hast not thou power, o Emperor, over sacred things; which I write unto thee for the care I have of thy salvation. etc.  
8. And do you see here this liberty of speech in Ecclesiastical Prelates of the primitive Church, towards their Kings and Emperors? do you see what difference and distinction they make between Ecclesiastical & temporal power? & yet we read not that any Attorney or Advocate of these Emperors, did ever accuse these Bishops of treason for speaking as they did, or once objected that they meant hereby to take away any part or parcel of their entire and absolute Monarchies. No though S. Athanasius for his part went yet further; for when he saw that all these admonitions, and reprehensions would not prevail, but that the said Constantius went forward to intermeddle more, and more in Ecclesiastical affairs; he wrote thus in the same Epistle. 
S. Athanasius his severe reprehension of the Emperor Constantius.  I am d●nuò in locum Ecclesiasticae cognitionis suum palatium Tribunal constituit, etc. Now again hath the Emperor Constantius made his palace a Tribunal of Ecclesiastical causes, in place of an Ecclesiastical Court, and hath made himself the chief Prince, and Author of spiritual pleas. etc. These things are grievous and more than grievous, but yet are such as may well agree to him that hath taken upon him the image of Antichrist, for who is there, that seeing him to bear himself as Prince, in the determining of Bishop's causes, and to sit as Arbiter in Ecclesiastical judgement, will not worthily say, the Abomination foretold by Daniel to be now come, etc. So he. And there were no end if I would prosecute all that might be said out of the sense and judgement of the ancient Fathers against this first argument of M. Attorney, That temporal Princes are not absolute monarchs, except you give them spiritual jurisdiction also. But we must be mindful of brevity and so this for the first shall suffice, remitting you to that which hath been spoken more largely hereof in the second chapter before.  
9 another Argument it seemeth M. Attorney would insinuate (for urge it he doth not) by the consideration of two Tribunals or Courts of the King of England: the one Temporal, the other Ecclesiastical, and several causes belonging unto them. You shall hear it out of his own speech, 
To the second argument of M. Attorney.  and then judge if it make for him or against him. The kingly head (saith he) of this politic body, is instituted and furnished with plenary and entire power, prerogative, and jurisdiction to render justice and right to every part and member of this body, 
Reports f●l. 8.  both Clergy and laity, of what state, degree, or calling soever, in all causes etc. and as in temporal causes, the King by the mouth of the judges in his Courts of justice, doth judge and determine the same, by the temporal laws of England; so in causes Ecclesiastical, & spiritual, as namely blasphemy, ●●st●●y from Christianity, Heresies, Schisms, Ordering, Admissions, Institutions of Clerks, Rites of matrimony, Divorces, & otherlike; the conusance whereof, belong not to the Common-lawes of England; the same are to be determined and decided by Ecclesiastical judges, according to the King's Ecclesiastical laws of this Realm. So M. Attorney making this note in the margin: What causes belong to the Ecclesiastical Courts; see Circumspect agatis 13. year of Edward the first, etc. And West. 2. and 13. Edward. ● Cap. 5. art. Cleri Edward. 2. 9 Whereunto though I might oppose the Authority, and speeches of all the ancient Fathers, before mentioned that in this matter of divinity, aught to weigh more with us then any particular Ordination of secular laws, though they were against us, yet in this case I dare join issue with M. Attorney upon this very Argument, which he hath allege, for that truly I do not see what could be produced more effectually either against himself, or for us, than here is set down. For as we willingly grant the former part of his speech, to wit, 
M. Attornes 〈…〉 ●o●●●e.  that the kingly head of the politic body, is instituted and furnished with plenary power, to render justice, and right in all causes that belong to his ●●●●ticke and temporal government, ends, and objects thereof ●o all persons of his Realm as before hath been declared: So here the very naming of two general parts of the kingdom, which M. Attorney graunteh, that the ancient law of England divideth into Clergy, and laity and the mentioning of two several Courts, and distinct causes to be handled therein, by distinct judges, in such manner, as the one cannot have conusance of the other, inferreth plainly two distinct powers, descending from two distinct origens, the one Temporali the other Ecclesiastical; and so do the places quoted by him, of Circumspectè agatis, westm. the second and Articul. Cleri under K. Edward the first and second most evidently declare.  
10. And first I would ask M. Attorney what the distinction of Clergy and Laity doth mean; 
Of Clergy and Lay men.  not made or brought in first by our Common-lawes (as he would insynuate when he saith that the law divideth our Political body into two general parts, the Clergy & the Laity) but rather instituted by the 
* See of the distinction of these names the Canon's ●f the Apostles  Apostles themselves, and admitted only by our Common-lawes, and continued from that time to ours, as before hath been showed. This distinction (I say) of Clergy and Laity whereof the former signifieth the portion of God, that is to say, those persons that be peculiarly appropriated to the service of Almighty-God: the other of Laity taking their name of from the common people, 
can. 12. 13. 15 etc. Te●●ul 〈◊〉 de Mona. & Cont Nicen. ●a●. 1. 2. 3. 5. 17. 1●. 19 etc.  I would ask of M. Attorney what it importeth, & especially in this case of Queen Elizabethes supreme primacy? doth it not argue a distinct order of men, governed by distinct laws, distinct judges, and distinct power & jurisdiction? But you will say the Queen was head of them both, and we grant it, as they are members of one Commonwealth, but in their several distinction and separation, as they are Clergy and lay people, she could not be of both, but of one only, to wit of the Laity: For that no man will say that she was also a Clerk, or of the Clergy. And yet in this partition, no man will deny, but that the Clergy is the worthier part and member, and so is placed first in all our laws: whereof is inferred that the said Clergy, as Clergy, is of a higher degree, according to our Common-lawes, than the temporal Prince, which is of the laity only, and not Clerk, as in Q. Elizabeth is confessed; and consequently she could not be head of the Clergy, as Clergy, that is in Ecclesiastical Clergy matters, belonging to Religion. Whereof we may take a notable example from the great Emperor Valentinian the elder, who refused to be present, (and much more Precedent) in certain conferences about religion between the Catholic Bishops & the Arrians, upon consideration of these two distinct Orders of Clergy and laymen, though he were invited thereunto by Catholic Bishops themselves. Mihi quidem (saith he) cum unus de populo sim, fas non est talia perscrutari, 
Hist Tr●. 〈◊〉. l●b. 7. cap. 12.  verum sacerdotes qui bus haec cura est, apud semetipsos congregentur ubi volverint. Unto me that am but one of the lay people, it is not lawful to examine such things (as appertain unto religion) but let priests, to whom this care is committed, meet together among themselves to discusle the matter where they will. So much was this distinction between laymen and priests esteemed by this ancient Christian Emperor.  

The diffeence of Courts what it proveth, Reports sol. 9  11. Secondly I demand of M Attorney concerning his distinction of Courts and causes to be handled therein, Temporll & Spiritual, how it cometh to pass, that the conusance of such causes as here he calleth Spiritual, belong not, as he saith, to the Common-lawes of England: No, nor (as presently after he affirmeth) could not belong: For that they are not within the conusance of the said Common-laws. And why is this, I pray you? For if the temporal Prince be equally head in both causes, and in both jurisdictions, and that the power to know, discern & judge in both sorts, do descend only from the temporal Prince, as before out of the Statute of King Edward the 6. you have heard, by the Statutemakers determined, and M. Attorney confirmeth every where in these Reports: then should the common-Lawes of our Realm which are the temporal Prince's law be common indeed according to their name to all causes, aswell Spiritual as Temporal, for that their author and origen, which is the King, hath equal Power, & jurisdiction in both, for that it is a maxim uncontrollable, that, according to the jurisdiction of the L●w maker, virtue and power of the law doth extend itself. And then doth M. Attorney affirm that the conusance of so many Ecclesiastical causes as he setteth down, is not within the compass of our Common-lawes, or what compass will he assign or lymitt to that Prince's laws, that according to this assertion, hath power in all? Is not this to contradict himself, and to overthrow with the one hand, that which he goeth about to establish with the other? For, if the King's power be common to both causes, aswell Ecclesiastical as Temporal, then must the King's Common-lawes be common to both Courts and matters therein handled.  
12. But let us see a certain sleight or evasion of his worth the noting: As in temporal causes (saith he) the King by the mouth of the judges in his Courts of justice, doth judge and determine the same by the temporal laws of England; so in causes Ecclesiastical, as Blasphemy, Apostasy. heresies, Ordering, Institutions of Clerks, etc. the same are to be determined and decided by Ecclesiastical judges, according to the King's Ecclesiastical laws of this Realm. Mark here (gentle reader) how M. Atnorney playeth wily beguyly; For according to the proportion of his comparison, he should have concluded thus: 
A ●●i●e of M. Attor●ys po●● oft.  So the King by the ●outh of his Ecclesiastical judges, doth judge and determine the said Spiritual & Ecclesiastical causes, by his own Ecclesiastical laws. But this he foresaw would include this great inconvenience among others, that if he said, that the King did judge & determine by the mouths of his spiritual judges the aforesaid spiritual causes, as he doth the temporal, then might he do the same, yea and exercise them also immediately by himself, if need were, aswell as by others; for in all temporal judgements and affairs, the King may sit himself in court, and perform in person whatsoever his Officers, by his authority do or may do: which yet M. Attorney saw would be somewhat absurd to grant, in the spiritual causes proponed by him of Blasphemy, Ordering of Priests (or giving holy Orders) Institutions of Clerks, Celebration of divine service, and the like, to wit, that the King should perform them immediately in his own person; for who would not say it were absurd (for example) that the King should sing, or say the common service to the people; or administer the Sacrament of Absolution or Marriage, or give holy Orders, and the like: which yet the Bishop of Rome and all other Bishops or Prelates, 
He that giveth power to another to do a thing must first have it i● himself.  never so great do & may do without inconvenience. And in truth it followeth evidently that he, who can give authority or power for another to do a thing as from himself, and in his name, may perform the same in person also if he list, at least wise it cannot be unlawful for him so to do. And therefore coming to the application of his comparison, he changeth his phrase, and saith, that the same are to be determined and decided by Ecclesiastical judges, according to the King's Ecclesiastical laws of this Realm.  
13. Wherein you must note another shift more poor and silly, than the former; for that having declared unto us before that there are two general parts and members of the Realm, to wit the Clergy and the Laity, and that these two have two several Tribunals in their affairs, governed by two sorts of different laws, Temporal and Ec●lesiasticall, Common and Canon, and these derived from two different Authors and origens; the Common-law from the temporal Prince and Commonweath, Ecclesiastical from others, saith M. Atorney, but specifieth not from whom, or whence, though all the world know, that they come originally from the Church & Sea Apostolic: (all which inferreth distinct original jurisdictions) M. Attorney by his great wit hath devised a new sleight never perhaps yet heard of in the world before which is to make these Ecclesiastical laws though derived from others, to be the Kings own laws, for that he approveth and alloweth them within the Realm; and consequently that all laws both Temporal and Spiritual do come from the King, 
A ●●w dem●● to make Ecclesiastical laws to be the King's laws.  as their Author: which is a token that he hath full Supreme power. And this singular devise pleaseth him so well, as he repeateth the same sundry times in this Treatise. You shall hear the same in his own words in this place, & how dangerous and prejudicial a Conclusion he buildeth upon the same, against Catholics.  
14. For as the Romans (saith he) fetching divers laws from Athens, yet being approved and allowed by the State there, called them notwithstanding, 
Reports  Ius Civil Romanum. And as the Normans borrowing all or most of their laws from England, yet baptised them by the name of the laws, or customs of Normandy; so albeit the Kings of England, derived their Ecclesiastical laws from others, yet so many as were approved and allowed here, by, and with a general consent, are aptly & rightly called the King's Ecclesiastical laws of England, which whosoever shall deny, he denieth that the King hath full and plenary power, etc. And consequently that he is no complete Monarch, nor head of the whole entire body of the Realm.  
15, You see whereunto this devise tendeth to make it a matter of treason, to deny this fancy of M. Attorney, that for so much as the Canons, and Ecclesiastical laws of the Church, made by Popes and by General councils, from time to time, and received universally for spiritual and Ecclesiastical matters throughout the Christian world, were received also and allowed by the Kings Comnn wealth of England. (which was an evident argument of their acknowledging of the said Ecclesiastical jurisdiction of the Church, and spiritual governors thereof) of this approbation and allowance, he would infer, that these laws were the King's laws, though derived, as he saith, from others; that is to say from Popes and bishops. At which inference I doubt not, but that his fellow-lawyers will smile. And truly, I am sorry that he being accounted so great a man in that faculty, which is wont to reason well, hath given so manifest occasion of laugther. For that every puney & young student of law, 
Admitting of other Prince's laws showeth rather subjection than superiority in the admitter.  will see by common reason, that the admitting of an other man's law, doth not make it his law, or that he had power to make that law of himself, but rather to the contrary it showeth, that the admitter acknowledgeth the other for his Superior in all matters contained under that law; For the power of making laws, is the highest power that principally proveth dominion in any Prince, and the admitting and obeying thereof by another Prince, is an evident argument of inferiority and subjection; and so here the admitting of the Pope's Ecclesiastical and Canon-lawes, was an argument that the admitters acknowledged his supreme authority in Ecclesiastical affairs.  
16. Neither is M. Attorneys example of the Romans or Normans any thing to the purpose all; 
The answer to M. Attorneys instance.  For that the Romans did not take from the Athenians any formal laws made by them, for the government of the Romans (for that had been to acknowledge superiority as before hath been said) but rather they taking a survey of all the Grecian laws, aswell of Athens as other commonwealths or States, they took parcels thereof here and there, and applied the same to their Commonwealth, which was properly to make laws of themselves. And the like may be said of the Normans, if they borrowed any of their laws from England; which yet I never read in any Author besides M. Attorney, but rather that the Normans gave laws to England.  
17. But now in the Canon-lawes received in England for almost a thousand years together after our first Conversion, the matter is far different; for that these were received wholly and formally, as laws made by another superior power in a different Tribunal & different causes, & sent expressly to England, 
How the Canon-lawes were received in England.  and to all other Christian Kingdoms, to be received and observed, and some also out of the same Ecclesiastical power made within the land, by Synods and Prelates thereof, and promulgated to be observed both by Prince and people formally and punctually as they lay; and so were received, admitted, allowed, and put in execution by the said Prince and his Officers, except perhaps some times, some clause or part thereof might seem to bring some inconvenience to the temporal State; for which exception was made against it, and the matter remedied by common consent. And this was another manner of admitting laws, than the Romans admitted some pieces of there laws from Athens, or rather translated some points of the Athenian laws into theirs, which was to make themselves Masters of thus laws, and not receivers or admitters. And finally we see by this, to what poor and pitiful plight M. Attorney hath brought the title of his book, De jure Regis Ecclesiastico. Of the King's Ecclesiastical law, to wit that it is the Pope's Ecclesiastical law● in deed, made and promulgated by him and his, but received and obeyed by the King, and consequently not the King's law, but the Popes.  
18. Wherefore to conclude the first part of this Chapter, for so much as M. Attorney by these two arguments De jure, (which are the only he mentioneth) hath proved no right at all of supreme spiritual jurisdiction, 
The conclusion of the first part of this chapter.  to have accrued to Q. Elizabeth by the title and interest of her temporal Crown, but rather the contrary, to wit, that both his Arguments have proved against himself: we see thereby how unable he is to prove his said affirmative proposition, by this first head and sort of proof De jure. I shall now in the second part of this chapter endeavour to prove the negative, by as many sorts of rights and laws as any thing may be proved, that is to say not only by Canonical & Civil laws, but by law of Nature also, of Nations, mosaical, evangelical, and by our ancient Common-lawes of England; all which do concur in this, that Q. Elizabeth being a woman could not have any supreme spiritual power or jurisdiction in Ecclesiastical matter●.   

THE SECOND PART OF THIS CHAPTER, Wherein is showed that Q. Elizabeth in regard of her sex, could not have supreme Ecclesiastical jurisdiction. §. I.  
19 First then, being to perform this, we are profess in this place, that we mean not to imitate the proceeding of some Protestants in this behalf, who following no certain rule of doctrine, no● moderation in their doings or writings do pass to extremes, & therefore feeling themselves grieved under Q. mary's reign, with the course of Catholic religion then held, took upon them to publish that women were not capable of any government at all, Temporal, or Spiritual, nor to be further obeyed, than they would make Reformation in Religion (for so they called it) comforme to their wills and prescriptions, as appeareth by the books, writings, and actions both of Goodman; 
See the Protestant Book of Dangerous positions against the Puritans anno. 1591., lib. ●. c. 1.  Whitingham, Gilbye, Knocks & others, who taking their fire of fury from Geneva, sought first to kindle the same in England, and being repulsed thence, broke into open flames of combustion in Scotland, and never coassed, until it brought two Noble Queens, mother and daughter to their ruin; and afterward put their heir and successor into such plunges, by those and other heads of like doctrine, and desperate attempts answerable thereunto, as Gods right hand did only preserve him from like ruin.  
20. But we are not of this spirit to seek revenge by such new brainsick doctrine, we grant that Queens may lawfully reign & inherit that Succession, which every Country by their peculiar laws doth allow them. 
Of women's government.  The great Kingdom of France doth excude them, & so do many lesser States in Italy, and Germany and other Countries, yet doth Spain, England, Scotland and Flanders admit them for preventing other inconveniences when Male-sucessors do fail. So as for this point of Q. Elizabeth's temporal government, we have no controversy in this place: If any fell out between her and the Bishop of Rome, whose authority she took from him, and applied it to herself, and many otherways exasperated him; that fact appertaineth not to us, that are private men to judge, especially in this place where our question is only of spiritual jurisdiction in Ecclesiastical causes, which that it could not be in a woman in regard of her sex, all Catholic divines do prove by these reasons following.  
21. First by the disposition of the Canon-law, 
Canon-lawe.  which containing the sense of God's universal Church, from time to time, both in the right and practise of this affair of spiritual government, aught to be, and is with wise, learned, & Godly men, of principal account, credit, and authority. For that the said Canon-law is deduced from the decrees of councils, Synods, Popes, ancient Fathers, Doctors, and Bishops, and from the custom and practice of the said Church from time to time directed by God's holy spirit according to his promise, and received throughout all christendom from age to age, though now contemned by certain new masters, whose mastery standeth in this, to scoff at that which they understand not, or list not to follow, be it never so good.  
22. This law then and judgement of the Church is so far of, & ever hath been, from granting spiritual jurisdiction to be in any Queen, as in Capite, 
Cap. de monia●●us descent: & excom & cap. Nova de paenis. & remiss. & cap. Muli●rem ●ausa 33. q. 5. ube multa Patrun sent. Peferuntur & Silis. & 〈◊〉 Sunesta in verb Abatissa.  by right of any temporal Crown, & to be derived from her to others; as it doth not allow any woman, to be capable of any spiritual power or jurisdiction, though it be but delegated, & given by commission & substitution from another, as appear by the texts of Canon-law cited here in the margin. And the principal reason hereof is, that all spiritual power being of two sorts, Ordinis & jurisdictionis of holy order, & jurisdiction, the feminine sex is capable of neither of them. Not of the power of Order, saith S. Thomas, which belongeth to the administering of Sacraments, for that a woman by her sex cannot administer them, nor is capable of Preist-hood, or sacred orders required thereunto. 
D. Th●. in 4. dist. 25. q. 2. Calu in Avoid, a● can. 10. Concil. Trid. sess. 7. & l. 4. inst. cap. 3. & 15. juth. lib de Capt. Rabil. cap. de Ordine & in articulu à Leone 10. da●na●●, art. 1●. & lib. contra stuliam ●●on● 10.  And in this both Calvin and Cluinists agree with us, though Luther at the beginning held that all Christians baptised might be priests and administer Sacraments, aswell women as men; yea children, and devils also, if they used the words, & institution of Christ, as in the places of this worke● here quoted may be seen.  
23. The second part of Spiritual power, appertaining to jurisdiction, either internal or external in fore conscientia or in sore contentioso that is to absolve or lose in the secret tribunal of conscience, or in the open Court of external contention, cannot fall upon a woman, for the infirmity and indecency of her sex, saith the 
* Vbe supra.  Canon-law, and for many other absurdities that would ensue thereof, if a woman should be admitted to the acts of Ecclesiastical jurisdiction, which are principally two, Docere, & judicare saith the said law, 
Innocent 3. cap. nova de panet & re●●ision.  to teach and judge, whereof neither of them standeth well in a woman to exercise over men; the same law noting, that albeit Christ our Saviour loved well Mary Magdalen, and other holy women that followed him, and served him unto his death; yet is it never read, that he committed any part of jurisdiction in governing his Church, unto them; no, not unto the blessed Virgin his mother, though she were replenished with grace & full of the holy Ghost. And this of the Canon-law.  
24. For the Civil, 
Of the Civil law.  albeit little occasion was given therein amongst the ancient heathen Romans the chief Authors thereof, to talk of of this controversy of Spiritual jurisdiction, their whole subject being of temporal, & Civil affairs; yet in a certain Treatise De Regulis juris of the rules of that law, they have this direction; 
Lib. 2. ff. de regul●● juris.  Faeminas remotas esse ab officijs publicis, & ideo judices esse non posse. That women are to be removed (by the Civil law) from all public offices, & therefore cannot be judges. And if in Civil matters, by that law they could not be judges, how much less can they be supreme judges in spiritual causes, which are of a far higher dignity, and indecency for women to meddle therein. All which better appear by that which is to eusue, out of the law both of Nature, and Grace, which are the grounds of these Civil, and Canonical Constitutions. For as the Civil law followed the one, so the Canon followeth the other, or rather both, for that both proceed from God, and are his laws.  
25. To consider then of the law of Nature, 
The law of nature.  which is common to all Nations; we read in the book Genesis, that the order observed by God in the creation of man and woman was this; that first Adam and all other Creatures were made, 
2. Gen. ●9.  and placed in paradise, and afterward Eva was created for man, and out of man, and to the likeness of man, as man was created before to the likeness of God. Out of which order of Creation, S. Paul doth in divers places gather the natural subjection of woman unto man, (especially in spiritual matters appertaining to God) to be eternally established by this law of their creation.  
26. For when to Tymothie he had said, 
1. Tim. 2●.  Docere autem mulieres non permitto, neque deminari in virum, I do not permit women to teach, nor to have dominion over her husband, he addeth presently for his reason, these words. For Adam was first created and then Eva; And Adam was not seduced, but the woman was seduced. And the same Apostle writing to the Corinthians about a certain precept and ordination of his, 
1. Cor. 1●.  that woman should be covered in the Church, & men not, and men to have their hair cut, & women not, in sign of subjection, and subordination the one to the other, he saith, 
A woman cannot be the head of man in spiritual matters.  I do praise you, brethren, for that you are mindful of me in all things, and do observe my precepts, as I delivered them unto you. I will have you know that Christ is the head of every man, and man the head of the woman, and God the head of Christ. And as every man that prayeth, or prophesieth with his head covered, dishonoureth his head (which is Christ) so every woman praying or prophesying with her head not covered, dishonoureth her head (which is man) And the man ought not to cover his head, for that he is the Image, and glory of God; but the woman is the glory of the man; for man was not made of the woman, but the woman out of man, not was the man created for woman, but the woman for man, etc. Ipsa natura docet vos. Nature itself doth teach you, etc.  
27. Now then out of these deductions from the law of Nature; so much urged, as you see by S. Paul for subjection, and subordination of women, even in little small points, concerning Religion, 
Absurdities ensuing the supremacy Ecclesiastical of a woman.  as about speaking, teaching, and veiling their heads in the Church; it may be inferred how earnest the same Apostle would have been, if the question had been propounded about the highest point, honour, & office of Religion, which is to exercise the place of Christ, by mediation between God and man, and to be as it were highpriest, and Precedent over men, in matters belonging to their souls; 
Heb. 3. Gal. 3. Act. 3.  for in this case all this law of Nature, would be broken and the women should be head over men, in the highest degree, and so should not be the glory of the man as S. Paul saith, that is, subordinate to his glory; as he is to the glory of Christ, and Christ to the glory of God; but the man should be her glory, that is to say, subordinate to her In iis quae sunt ad Deum. In those things that appertain to God: yea she should be mediatrix between him and God, in place of him, that is chief priest. And so all this first natural institution of God should be wholly perverted, broken, and turned upside-down.  
28. Neither is it of any force, to object (as some do) that a woman may be head of men in temporal affairs, as Queens are, for that God hath left this free to m●n, to dispense in the use of their natural privilege of superiority for temporal government, and to appoint women to govern them, for avoiding worse inconveniences, when there are no heyres-male to succeed, as before hath been said. But the matter is far different in spiritual government, which dependeth immediately of God himself; and was delivered by him to men, & not to women; and so hath been continued, throughout all ages from Adam to our days; and under all laws, both of Nature, Moses, and Christ. For in the law of Nature, 
The singularity of Q. Elizabeth's case.  the first borne-male among the patriarchs was always head of the family, both in temporal and spiritual matters, and consequently also Priest. And in the law of Moses the said priesthood, and presidency in spiritual matters, was annexed unto a tribe of men, and no woman admitted thereunto. And much more in the law of the gospel as presently we shall declare; and so we may conclude that from Eve, to Elizabeth there was never woman that was supreme head, concerning matters of Religion, before herself; so singular was she and her case in this point.  
29. Now then for the evangelical law, 
Of the law evangelical.  meaning, and sense of our Saviour jesus Christ, in founding of his Christian Church, that it was not to leave any part or parcel of the spiritual government and jurisdiction thereof unto any woman (and much less the supreme in any Kingdom or Country) besides that which before hath been cited, and pondered out of S. Paul that, women may not teach or speak in the Church (which yet is a necessary part to be able to do if need require) and that which the Canon-law putteth in consideration, that Christ left no part of Ecclesiastical government, either to his mother, or to any other of his women-disciples; besides all this (I say) it is not hard to show, out of the very Institution of God's Church from the beginning, and the establishment and perfection thereof, when Christ came in flesh, he excluded clearly women from all dominion therein.  
30. Fo● proof whereof, first we are to suppose, according to the understanding of all ancient Fathers, and declaration of scripture itself in many particulars, that concerning the work of our first creation, 
That all miraculous actions of God in the old testament are to be ascribed properly to Christ.  and all ordinances depending thereon, as also the Miracles, and highest actions that fell out afterwards, from that creation to the time of our redemption, when any thing is ascribed peculiarly to God's hand, saying that God did this, or God did that, we must understand it principally of the second person in Trinity son of God himself, who as he was to come down to take our flesh and redeem us, and to make us his Church, his Kingdom, his body, his price, his glory: so to that end did he create us also, according to that saying of S. Sohn. 
joh. 4.  Omnia per ipsum facta sunt. All things were made and created by him: and S. Paul speaking of those miraculous assistances given to the people of Israel, going forth of Egypt, doth ascribe the same every where to Christ. As doth S. Jude also, saying, 
jud. 1.  I would have you to know, brethren, that jesus, ●● first he saved the people of Israel, that he brought out of Egypt, so afterwards those that believed not, he destroyed.  
31. This being supposed, we are to note further, that as Christ created Adam as the first head of his Church here on earth under himself, and made him Lord of all both temporal and spiritual and as Priest to offer Sacrifice; and Eve out of him afterwards subjecting her thereby unto him, 
1. Cor. 11. 1. Tim. 2.  and to his perpetual Dominion, (as before you have heard S. Paul to collect out of this first institution); so the devil taking upon him presently to contradict and overthrow this work of Christ; followed a quite contrary order and went first to Eve, persuading her to go & preach to Adam the sermon that he had taught her, as she did, & because his Doctor and Mistress in this Ecclesiastical function, & thereby turned upside-down, to both their tuynes, and to the ruin of us all, the whole order of subordination which Christ had appointed before: Whereby she should have been taught by Adam, and not he by her. 
Gen. 2.  But Christ coming afterward to visit them again, and to take account of this disorder, albeit he knew then that the woman had been the author thereof, yet would he not speak first to her, but according to the order appointed by himself, asked first for Adam. Our Lord called for Adam, saith the text, 
Gen. 3.  & dixit ei, ubi es? and said unto him, where art thou? And when afterwards the whole cause being examined he gave sentence upon each part for this disorder; he specially confirmed again his first Institution, for the Dominion of man● and the subjection of woman, saying unto her, 
Gen. 3.  Sub viri potestate eris & ipso dominabitur tui. Thou shalt be under the power of man (thy husband) and he shall have Dominion over thee. Which law and ordination is to be understood in all kind of subjection, 
How w●man must be subject to man in all respects.  aswell domestical and political, as Ecclesiastical or divine: so as in all these three kinds of affairs, man is made head, and governor both at home, in the commonwealth, and in the Church by this first institution of Christ, though in the former two, it is permitted unto man, as hath been said, upon some occasions, to yield up his right, when he will, though more in the second then in the first, for that the things are more arbitrary and tolerable, to wit that a woman should be head over all in the Commonwealth then at home over her husband. But in the third which is in the Church, and Church-matters, no dispensation is permitted, but that woman's subjection must be perpetual. And therefore when S. Paul, as before hath been touched, cometh to talk of Church-matters, he suppresseth women presently by this law of Christ Mulieres (saith he) in Ecclesia tace ant, non enim permittitur eis loqui sod subditas esse sicut lex dicit. 
1. Cor. 14.  Let women hold their peace in the Church, for it is not permitted into them to speak, but to be subject, as the law saith.  
32. This law named here by S. Paul, is the law instituted by Christ in the former words of Genesis, where he appointeth women to be subject not only at home unto their husbands, but especially & principally unto the government of man in Ecclesiastical matters, as you see by the application thereof so often by S. Paul to Church affairs. For before in the eleventh chapter to the Corinthians, 
1. Cor. 11.  he repeateth a precept of his own made unto them about veiling of women in the Church, as you have heard, founding the same upon the first Institution of man and woman in paradise, proving thence that the woman could not be head in the Church, 
How eagerly S. Paul did stand against women's superiority in the Church.  and therefore must cover her head; and thereby yield to her husband: & now in this place he giveth other straight precepts, about women's silence and subjection in the Church, and saith moreover, Qua scribe vobis Domini sunt praecepta. These precepts which I write unto you, are not mine but of our Lord. Adding presently this terrible threat, Qui autem ignorat, ignor●bitu●, he that knoweth not these things or will not know them, shall not be known by the same Lord. And finally the same Apostle unto Tymothie urgeth the same again concerning the Church. Mulier in silentio discat cum omni subiectione. 
1. Tim. 2.  Let the woman (in the Church) learn in silence with all subjection. Mark the asseveration of all subjection. What would S. Paul have said, if any woman in his time had challenged to herself all dominion in the Church, and yielded subjection to no Ecclesiastical person whatsoever?  
33. But to go forward in the Institution of Christ, for the spiritual government of his Church: when he had governed the same by men and not by women, for the space of four thousand years and more, under the law both natural and written, and coming now to institute a new, more exact and perfect government thereof, under the law evangelical; what did he? was he unmindful of this his first Institution in paradise? No: For he chose men, to wit his Apostles, and their Successors to govern his Church, saying unto them, 
I●a●. 20.  As my father sent me, so I send you, whose sins you forgive they shallbe forgiven, & whose you retain shallbe retained. And to one of them in special. I will give unto thee the keys of the kingdom of heaven. Feed my sheep●, feed my lambs. And S. Paul speaking to some of those spiritual Governors, 
Math. 16. joan. 21  Priests and Prelates, saith. 
〈◊〉 20.  The holy ghost hath placed you for Governors of God's Church which he hath purchased unto himself with his own blood. And again the same Apostle to the Corinthians setting down the subordination of the said Governors of Christ's primitive Church, saith, 
1. Cor. 12.  that the first degree was of Apostles, the second of Prophets, the third of Doctors, etc. And in all this, is there no mention of women; 
V●●●ersall 〈…〉 ●gainst M Attorney  though there were many holy women among them, and one more high in God's favour than they all, as before hath been said. Neither ever is it recorded, that afterward any Apostle, Father, Doctor, Council, Synod, School, University, Pope, Prince, Nation, Country, Commonwealth, or private man in Christendom, did appoint, admit or allow any woman to be chief in spiritual matters, before the English Parliament in the beginning of Q. Elizabeth's reign; Nor can any Protestant in the world bring any one instance, example, or memory recorded by man or woman, against this universal prescription, that I have laid down.  
34. And this is sufficient for proof out of the evangelical law, by Christ's own Institution; albeit many other might be alleged in the conformity and confirmation hereof, as several members of this proof, to wit the School-doctors, that have handled the same largely, in their commentaries, and disputations upon the 4. Book of Sentences and elsewhere, 
〈◊〉 dist. 〈◊〉 Yno. 〈◊〉  and do by sound foundations overthrow the imaginary monstrosity of giving spiritual jurisdiction to women, 
S●●●ole D●●●ors.  which is ascribed as an old heresy or madness rather unto the Cataphrygians and Pepuzians as may be read in Philastrius & S. Epiphanius: 
〈◊〉 & 〈◊〉 in 〈…〉.  which heretics notwithstanding did go about to confirm their fantasy by those words of S. Paul. In Christo neque masculus neque faemina etc. that there is no difference of male or female in Christ, that is to say whether he be man or woman. Which the said doctors do declare to have been meant of the faith of Christ, and vocation to Christian Religion; to wit, that all are called and received equally; but yet not to government or jurisdiction the in Church.  
35. The rank of other doctors also, that write of the moral part of divinity appertaining to manners, and Cases of Conscience, do handle the same at large upon divers occasions in their Treatises: 
〈◊〉  As also of the third sort of learned men Expositors of the Scriptures, preachers, & teachers, especially the ancient Fathers, 
 who albeit they handle not this question of ours in particular, and proper terms, 
Doctors, Fathers, and expositors.  About the spiritual supremacy of a woman in the Church of God (for that they never imagined any such thing would, or could fall out) yet in other occasions, wherein great women sometimes, not as heads but helpers to unlawful purposes, would be meddling in Ecclesiastical affairs, as the Empress Eudoxia against S. Chrysostome & the Empress justina against S. Ambrose and other the like: the said Fathers spoke so sharply, and rejected them with such indignation, as a man may easily see what they would have done, if any least insinuation had been made, to challenge unto them Ecclesiastical power and jurisdiction, and much more to be heads of the Church, which in those days was never so much as dreamt of. And if the said Fathers upon occasion offered, did so earnestly deny unto the husband of the one, & the son of the other, that were Emperors, the said supremacy in spiritual things, or that they had any power at all, in Ecclesiastical causes, as you have heard: what would they have said to the women, if they had pretended any such matter? Let one short sentence of S. Chrisostome serve for all in general, to declare his opinion of women's government even in temporal things, and much more in spiritual. 
Chrys●●. 5. ser. Quid regulares famina viris non ●●habitant.  Caput omnino mulieris vir est (saith he) & magna saeditas esset si superiora fiant inferiora, & ciput deorsum, & pedes sursum. Man in all respects is head of the woman, and it should be a great deformity, if the things which are the higher should be made the lower, and that the head should be brought under, and the feet placed above.  
36. But in another place, he decideth this our Question more in particular, concerning spiritual government, removing all womenkind, from the possibility thereof, 
A notable discourse of S. Chrys. l. ●. de sacordo●i●. sub initiu●●.  and for that his discourse in the said place, is of great weight, and consideration being set down between him, & his dear friend S. Basil in Dialogu-wise with much maturity, and doth not only deny all spiritual government to women, but placeth it where it ought to be, in S. Peter, & his Successors above all others; I shall allege the place somewhat more at large, which containeth a grave ponderation of those words of our Saviour unto S. Peter in S. john's gospel. 
joan. 21.  Petre amas me, etc. Peter dost thou love me more than the rest, and he answering that he did: Christ replied; if thou love me, feed my sheep. Whereof S. Chrysostome doth infer, that Christ in these words did first of all specially commit the supreme charge of his said sheep to S. Peter, and his Successors. Pecud●● curam (saith he) quas sanguine suo acquisierat, tum Petro, tum Petri Successoribus committebat. He committed to Peter, and to Peter's Successors the care of his sheep which he had purchased with his own blood. And again. Petrum Christus authoritate hac praeditum esse voluit, & reliquos item Apostolos long praecellere. Christ would have Peter to be endued with this supreme authority over his sheep, and therein far to excel all the rest of the Apostles, etc.  
37. secondly S. Chrysostome maketh a deep ponderation upon these words of our Saviour, of the singular love, which he would have Pastors to bear unto his sheep, and which he bore himself, giving his blood for them, and what he exacted at this high Pastor's hands for governing and feeding of them, in this his demand or interrogation, concerning his love. 
〈◊〉 cō●●●dable 〈◊〉 good ●●stor.  Atque illi quidem licebat (saith he) verbis huiusmodi Petrum affari: Si me amas Petre, jeiuniae exerce, super nudam humum dormi, etc. Our saviour Christ might have spoken to Peter in this sort (upon his answer of love) if thou love me Peter, exercise fasting, sleep on the bare ground, watch continually, relieve them that be oppressed, show thyself a Father to orphans, and be unto widows instead of their husbands. But now, Christ pretermitting all these other good works, what saith he unto him? Pasce oves meas, etc. Feed (and govern) my sheep: for that all the rest of those good works before mentioned, may be performed by many subjects, not only men but also women, At cum de ecclesiae Praefectura, de credenda huic vel illi, tam multarum animarum cura agitur; universa quidem mulieris natura, functionis istius moli ac magnitudini caedat oportet, itemque & bona virorum pars. But when the Question is of any government over the Church, or about committing to this or that person, the charge of so many souls; then must all women kind yield, 
A women 〈◊〉 ex●●●led 〈◊〉 church-government.  and give place to the weight and greatness of this function, and so must also a good part of men, to wit all such as are of the lay sort, and have not Ecclesiastical jurisdiction laid upon them, by the ordinary means before mentioned, of ordination & succession in the Church of God, descending originally from this first fountain, of all ecclesiastical power upon earth, committed by the son of God to S. Peter, and his Successors, to endure to the world's end.  
38. And thus have we cleerlie the sentence, belief, & judgement, of S. Chrysostome concerning spiritual authority, for governing our souls, that it was given eminently to S. Peter and his Successors, above the rest of the Apostles, but so, as only men, and those not all, but Priests alone, and clergymen, do, or may succeed therein, and that all kind of women are excluded, in respect of their sex from any superiority, or prefecture over the Church. 
How much S. Chrysost. authority ought to be esteemed in this point.  And whatsoever S. Chrysostome held, preached, or left written in this behalf, be being so great a Doctor, and pillar of Christ's Church in his days, & the thing itself never contradicted, or reprehended by any other, may assuredly be held for the common doctrine, judgement, sense, faith, and belief, of the universal Catholic Church in that age; and consequently also, both of the former and following ages, until our time. And how much this consideration ought to prevail with a prudent man, that followeth not passion, but reason, and hath care of his own soul, is easy to see. And so much of this matter.  
39 And now further I remember that I promised to prove my negative also by the ancient common & municipal laws of England; of which, though I might say, as before I said of the Fathers and Doctors of former times, that they ordained nothing expressly of this particular case; for that they never imagined that any such matter would fall out: 
The municipal lawey of England.  yet do they determine that expressly which includeth this; which is that they confirm everywhere the liberties, preheminencyes, and prerogatives of of the Church, and Churchmen of England: which do principally consist in this, that only Ecclesiastical men have Power and jurisdiction in Ecclesiastical affairs; and that no lay person (and much less a woman) can meddle therein; and that there be two distinct swords in a Christian Commonwealth the one temporal in the hands of the Prince, the other Ecclesiastical in the hands of the Bishop; and that the Ecclesiastical is greater and more sovereign than the temporal, & that this later must help & be subordinate to the former. All which you shall see decreed as well in the laws of K. Edgar, and K. Edward before the Conquest, as also of the Conqueror himself which 
* Infra. ●. 6. demonstrat. 10. & in cap. 7.  after in due places we shall set down.  
40. And to all this now may we add certain manifest reasons, which besides the foundations before laid, or rather out of them all, 
Manifest reasons.  our Divines do allege why a woman may not be head of the Church, or have spiritual jurisdiction in Ecclesiastical affairs. 
A woman can not be Priest  Whereof the first is that Christ our Saviour being a Priest according to the order of Melchisedech, and refusing to be a temporal King, as out of the gospel is evident, he left in his place Priests to govern his Church, as before hath been declared, both out of Scriptures and ancient Fathers: but a woman cannot be a Priest, as both we and Caluinists do hold; though Luther taught otherwise for a time (as hath been said and is refuted at large, by K. Henry the 8. Q. Elizabeth's Father in his book against him) and therefore the said Q. Elizabeth could not hold the place of Christ, in spiritual jurisdiction, in the Church of England.  
41. A second reason is founded upon the maxim before alleged by M. Attorney, Cui licet quod maius est, licet quod minus. He that can do the greater, can do the less: But it is more to be able to give authority to others, to exercise spiritual functions and jurisdiction, than to do the same in his own person, ergo if Q. Elizabeth could give authority to Bishops, and Pastors to make Ministers, administer the Sacraments, preach, and teach with the like (which belongeth to the head of the Church) than could she do them also herself. Which conclusion notwithstanding all English Protestants commonly do deny; yet is the Consequence evident, and the Minor proposition is proved. For that, he that giveth a power to an other, 
A●●●rdi●●●f conse●● 〈◊〉  is presupposed to have it first in himself, for that no man can give that which himself hath not; so as if Q. Elizabeth did give any spiritual jurisdiction to her Bishops to teach, preach, make Ministers, absolute, & loose sins, and the like (who otherwise could have no such authority at all) she might, no doubt, have exercised the same in her own person, as in all temporal jurisdiction we see, that whatsoever power the King giveth to any Governor, judge or Magistrate to exercise in his name, he may exercise the same also himself if he wil And the same holdeth in the Pope, for any spiritual jurisdiction or function that he committeth to any Bishop, Priest or Clerk whatsoever.  
42. A third reason is taken, ab inconueniente, to wit from this inconvenience, that if a Queen could be spiritual head of the Church, and should marry without making her husband King, 
A ●●eat 〈…〉  she should be his spiritual head also, to lose and bind his sins, and to exercise Ecclesiastical Censures of jurisdiction, Suspension, or Excommunication against him at her pleasure, and he for his part should be bound in conscience under pain of sin to hear and follow her doctrine, if at any time she list to preach unto him, or to prescribe what he must believe or not believe in matters of faith; which beside that it should be contrary to that we have alleged before out of S. Paul, and Christ his Institution, for the subjection of women in these causes, it would be very absurd and ridiculous also, as you see, and unworthy of the excellent government of Christ his Church, instituted and framed by the highest wisdom of almighty God.  
43. Wherefore lastly to shut up this matter, after all these proofs alleged, we shall adjoin one only more, which howsoever it be esteemed of us, 
Consent of Protestant writers.  yet ought it to be of singular great moment with M. Attorney, and this is the universal agreement of all Protestants, both of Calvin & Luther's sect, commonly throughout the world, except only in England. And as for Caluinists the matter is clear, if we respect France, Germany, Holland, Zealand, Scotland, and other places, who all agree in this point; following therein their first Author john Calvin, who not only in the place by me alleged upon Amos the prophet, but in divers other places also of his works, 
Calvin in cap. 6. Amos & epist. 54. ad mycon●●●.  doth earnestly impugn not only this Ecclesiastical power of a woman, but of any temporal Magistrate whatsoever; affirming further in a certain epistle of his, to his friend Myconius, that those who defend the same, are profane spirits and madmen, and that the Lord with the breath of his mouth shall destroy them, and that both he, and his, would encounter and fight against them with a valiant and invincible Zeal etc. Of the same opinion and spirit, was Theodore Beza the chief scholar and successor of Calvin, in his chair of Geneva as appeareth by his writings, 
Beza in ●●fes●r●ne cap. 5. & de pr●sb. fol. 32. 43. Viretus Dialog. 3.  and another chief scholar and companion of them both, named Viretus, in his dialogue entitled, Of white Devils, calling them false Christians and dissembled devils that defend this false position of Princes Ecclesiastical Supremacy, though they cover themselves (saith he) with the cloak of the Gospel; and then setteth he down, four or five arguments, to prove the position to be false, which I pretermitt to recite in this place, for brevities sake, remitting the Reader to the book itself, for that it is exstant in English. And I do pass over the writings of many other principal men of that profession, both in England and abroad, who in this point are no less opposite, and earnest against M. Attorney, that we, and are known in England by the name of Puritans or precise Caluinists, who being the far greater part, if we respect all Countries about us, must needs in this point be confessed to have more reason (the thing being affirmed so earnestly as you have heard by Calvin himself,) than the other of that sect, who for pleasing of temporal princes, are accused by them to hold the contrary. For that if john Calvin be to be followed in all the rest, as they confess; why not also in this? And if the holy-ghost failed him in this so important a point, as comprehendeth the whole government of their Church, and the lawful or unlawful vocation, and function of their whole ministery, what certainty can they have in any other thing, or point of his doctrine.  
44. But now not only those of the Calvinian sect, but others also of the Lutherans, do laugh at our English Protestants, for holding this position of M. Attorney, about Queen Elizabeth's Spiritual and Ecclesiastical Supremacy: wherein not to weary the Reader which enumeration of many witnesses; I shall allege only one for all, but yet such a one, as may well stand for all; For that he is the most eminent, and principal man of them all, to wit Mart●nus Keronitius, an ancient public Reader of divinity among the Lutheran Sect in Saxony, that hath written many volumes for defence of the said sect in our days.  
45. This man then being consulted and demanded his opinion by the Prince Elector of Brandeburg, what was to be done in certain points concerning those of the Calvinian sect, he answereth him in a large epistle extant in print, allowing first, and greatly praising the Prince's judgement. 
〈…〉 ad 〈…〉 burg.  Quod consultum non esse judicat, ut cum Caluinistis Generalis Synodus habeatur: That his Highness thought it not expedient to hold any general Synod with the Caluinists, as they desired for composing of controversies between Lutherans, and them.  
46. Secondly he addeth his own judgement unto that of the Prince Elector about punishing the said Caluinists within his State, affirming. Non expedire, ut punitionis officium contrae Caluinistas intereà temporis penitus quiescat. It was not expedient that the office of punishing Caluinists should cease in the mean space, until the said general Synod were held, as they demanded.  

〈…〉 and 〈◊〉 of 〈…〉  47. Thirdly and lastly having resolved these two points, he passeth over to give his judgement in like manner, to the said Elector, about the Religion held in England, and of Q. Elizabeth herself, and her title of supremacy, saying first that no good thing in Religion was further to be expected from her; that she had used hardly the Protestants of Germany; that she saw and felt no● a third sect risen up in her Realm of Puritans, that hated both her and the other Caluinians that followed her, who were enemies in like manner to Lutherans; So he. And then passing yet further he scoffeth merrily, that she being a woman had taken upon her to make Ecclesiastical laws. Et quòd faemineo, & à saeculis inaudito fastu se Papissam & caput Ecclesia fecit. That with a womanly pride, never heard of in former ages, she had made herself a She-pope, & head of the Church. Thus Kemnitius. And mark that he saith à saeculu inaudito that from the beginning of the world there was never any such thing heard of, either among Christians, jews, or Gentiles.  
48. Wherefore we having now proved this our negative ●e jure against M. Attorney by so many & different sorts of proof as you have heard, aswell out of the Canon & Civil laws, as of Nature, Nations,, Mosaical and evangelical, 
The repetition and conclusion of all.  and of all the parts and members thereof, as Scriptures, Fathers, Doctors of all sorts: yea, and by the testimony of our Common Municipal ancient laws of England, and the concurrence and consequence of reason itself; and lastly by the consent and asseveration of the best-learned Protestants of each sort, both Lutherans and Caluinians: I do not see what M. Attorney willbe able to bring to the contrary to prove his affirmative propositions De jure, with any show of probability. Wherefore I shall conclude this whole Chapter, noting only to the Reader two considerations, for his better memory out of all the premises. The one worthy of laughter, the other of tears.  
49. The former is the evil luck that M. Attorney had in making choice of Q. Elizabeth for an example of Ecclesiastical supremacy in a temporal Prince; For whereas three Princes only of our Nation, from the beginning of the world, had taken upon them this title, 
A point worthy of laughter.  to wit K. Henry the 8. K. Edward the 6. and Q. Elizabeth; M. Attorney chose the worst and weakest of all the three, to be defended. For, as for K. Henry, 
K. Henry ●  though by the Canon-law he were incapable of Priesthood or holy orders (whereof dependeth spiritual jurisdiction) for that he was married when he took the same upon him, and not only married but many times married, which is another Canonical impediment (for he was not only Bigamus, and Trigamus, but twice also Trigamus, having been married the sixth time) yet was all this in rigour of Ecclesiastical power dispensable by the Church, being but only. juris humani impedimenta, & non divini: Impediments of human, & not divine law; and so K. Henry either by dispensation, or by occasion, that this last wife had died, might have been made Priest and capable of spiritual jurisdiction.  

Ed●●●d 6.  50. But K. Edward being a child, of 9 years old, and consequently under the use of reason, when this supreme spiritual jurisdiction was given unto him, he was so uncapable thereof, as by no dispensation it might be made lawful, until he came to the years of perfect reason, and so do prove both Canonists, & Civilians; for that jurisdiction cannot be given nor admitted, but where perfect use of reason is; for that otherwise, it should be no human act. But yet this impediment though not dispensable for the present, would have come afterwards to be removed without dispensation, by tract of time itself, which would have brought the perfect use of reason.  

 51. But in Q. Elizabeth, in regard of her sex, no time, no dispensation, no authority human, nor other circumstance could remove the impediment or incapacity of her sex, which God and nature had laid upon her, so as in this point M. Attorney his choice was very erroneous; 
●●●twin 〈…〉 cap 1.  but whether the Twynne of Ignorance were also conjoined, which before he said to be inseparable from error, I leave to himself to consider. And thus much of this former consideration.  

A point ●●rthy of 〈◊〉.  52. The other which I said to be worthy of grief and tears, consisteth in this, that the former position of the said Queen's Ecclesiastical Supremacy being a thing unpossible in itself for so many respects and causes, as before hath been showed, human and divine; and that the very Protestants themselves of the more learned sort do laugh at it, and condemn the same as a new invention never heard of in the world before: yet notwithstanding that the same in our country should pass by Parliament as a matter of faith, and to Religion, and be priest upon men by corporal oaths under pain of extreme punishments; must needs be a matter of great compassion to every pious mind, that considereth the infinite danger of souls thereby. Every Archbishop and Bishop (saith the Statute) and every Ecclesiastical person, of what estate, 
 dignity, pre-eminence, or degree soever he or they be; and all and every temporal judge, justicer, Mayor and other lay, or temporal officer, etc. And all that s●all suc out the livery of their lands and inheritances, when they come to lawful age: All that shall take any order, office, benefice, promotion, dignity, or degree in the university, etc. shall make, and take, and receive a corporal oath upon the Evangelist, according to the tenor and effect following. I A.B. do utterly testify and declare in my conscience that the Queen's highness is the only Supreme Governor, etc. aswell in all spiritual or Ecclesiastical things or causes, as in temporal, etc. So goeth the oath; And by the last words that give her as much spiritual jurisdiction in all things, 
The oath of supremacy exacted of Q. Elizabeth.  and causes Ecclesiastical, as she had, or could have in temporal, you may see how far they extended the meaning of this power, though they left out the word Supreme head for the causes before mentioned.  
53. Now then (pious and godly Reader) consider with thyself out of thy Christian compassion, 
The final consideration upon all.  Quae strages animarum: What a slaughter of souls ensued upon this new devise. And first how many thousands were forced, or alured by fear and terror, or desire of preferment to take this oath against their consciences, the far greater part of the Realm being then Catholic, and condemning the said oath in their judgements, and belief. And when afterward God stirred up another generation, that had more care of their said consciences, and thereupon refused so wilfully to damn themselves, as to take such oaths with repugnant consciences; what troubles, what afflictions have ensued thereof in all the time of that Queen? And among many others above an hundred learned priests, that in conscience were most free and innocent in all matters meant against the State, gave their blood for preservation of their said consciences in that case: and now both they and she are gone to plead their cause before the high and everlasting judge. And if this matter of her spiritual supremacy were but a jest and fancy, and new devise for for the time, as you have heard the best sort of foreign 
* Monsieur La●sa●. Ambassador of the K. of France and others whereof see more.  Protestants to affirm, and as herself would sometimes merrily but seriously say: then was the same both dearly bought and sold in this life by some, and will cost more dear in the other, where now the matter is in handling.  
54. And this shall suffice for this chapter, 
Infra cap. 15.  and for the first head of proof De jure, wherein you may have seen how sparing M. Attorney hath carried himself: we shall now pass to the other sort of his proofs De facto wherein consisteth the whole corpses of his book, and shall examine whether any better substance may be found in that, then hath been in this. The proof willbe the trial of all.    

OF THE SECOND SORT OF PROOFS NAMED DE FACTO, Whereto M. Attorney betaketh himself, alleging certain Instances therein: And first, out of our Kings before the Conquest. CHAP. V.  
THE whole bulk of M. attorneys book (such as it is) consisteth (as before hath been noted) in the recital of certain laws, or pieces of laws, and therefore called by him Reports or Relations of clauses, found in his Commonlawes, or Statutes that may seem somewhat to sound against the absolute jurisdiction Ecclesiastical of the Bishops and Sea of Rome, or to the restraint thereof under certain Kings, and in certain occasions; and to ascribe unto the said Kings some Ecclesiastical power, in those cases, as afterwards shallbe seen. Wherein first is to be considered, that which before hath been observed, that he abandoning, as it were, the first head of proofs De jure, flieth only to the other De facto which always holdeth not: for that all facts, do not infer necessarily the right of equity and justice, as before hath been showed. And secondly, if all the examples De facto were granted, in the sense, as by him they are set down; yet are they far of from proving his principal, as often afterwards upon many particular occasions shallbe declared. For that his said principal Conclusion is (as you may know) that Queen Elizabeth by the ancient Common laws of England, 
 had as full, and absolute power, and Ecclesiastical jurisdiction, as by any spiritual or Ecclesiastical person, had ever been at might lawfully be exercised within the Realm. And these Instances by him alleged do concern but certain pieces, 
Reports fol. 1.  and parcels of jurisdiction in some particular cases and causes, as by examination willbe found. Wherefore to draw near to this examination we must understand, that M. Attorney rightly divideth the times of our Kings into before, and after the Conquest; and I shall willingly follow him in this division, and search out what Ecclesiastical laws or Ordinances there were made in those days, 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 piety and religion, as living nearer to the origen & fountain of their first conversion & fernour of Christian spirit: 
Of English Kings before the Conquest.  out of this time (I say) and rank of our Christian Kings from Ethelbert the first, to K. Edward the last before the Conquest (for of K. Harold we make little account, he being an intruder and reigning so small time, and with so many troubles as he did) they being otherwise above a hundred in number, within the space of almost five hundred years, two only inferences he produceth, and these of very small moment, as presently will appear, yet let us hear how he beginneth and what Preface he maketh to his proofs in these words. 
Reports fol. 9  To confirm (saith he) those that hold the truth, and to satisfy such as being not instructed, know not the ancient and modern laws and customs of England, every man being persuaded as he is taught: these few demonstrative proofs out of the laws of England in steed of many in order & serie temporum are here added. This is his Preface wherein he promiseth as you see demonstrative Proofs which are the strongest, most clear, evident, and forcible, that logic doth prescribe in any science: but we shallbe enforced afterward to admit proofs of a lower degree, than demonstrations, as by experience you will find: Wherefore to the matter.  
3. His first instance is taken out of the words of a certain Charter, given by King Kenulfus of the Westsaxons, 
The Charter of K. Kenulphus anno 755.  some two hundred and fifty years after the conversion of K. Ethelbert of Kent, & confirmed afterward by K. Edwin Monarch of all England, 
Stamford. lib. 3. c. 39 fol. 1012.  which Charter beginneth thus. Kenulfus Rex, etc. per literas suas patentes, consilio, & consensu Episcoporum, & Senatorum gentis suae, largitus fuit monasterio de Abindon in Comitatu Bark. & evidam Ruchino tunc Abbati monasterij, etc. 
This charter was pleaded 1. H●nr. 7. 23. 25.  quandam ruris sui portionem, id est, quindecim mansias, in loco qui à ruriculis tunc nuncupabatur Culnam, cum omnibus utilitatibus, tam in magnis, quam in modicis rebus. Et quod praedictus Ruchinus, 
〈◊〉  〈◊〉 ab omni Episcopali iure in sempiternum esset quietus; ut habitatores ●iu● nullius episcopi, aut suorum officialium iugo inde deprimantur; sed in cunctis rerum eventibus, & discussionibus causarum, abbatis monasterij praedicti decretis subijciantur, itae quod, etc. Thus goeth the Charter, which though M. Attorney thought not good to put in English, but to set down both his pages in Latin; yet we shall translate the same, for the better understanding of all sorts of Readers. K. Kenulfus, etc. by his letters parents with the Counsel, and consent of the Bishops and councillors of his nation, did give to the monastery of Abindon in Berkshire, and to one Ruchinus Abbot of that monastery, a certain portion of his land, to wit fifteen mansians, in a place called by the countrymen Culnam, with all profits, and commodities, both great and small, appertaining thereunto. And that the foresaid Ruchinus, etc. should be quiet from all right of the Bishop for ever, 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 events of things, and controversies of causes, they shall be subject to the decree of the Abbot of the said monastery; so as, etc.  
4. Thus goeth the Charter, which if it were all granted by us, as it lieth; yet is it far of (as you see) from inferring M. Attorneys conclusion, that K. Kenulfus was head of the Church, or had supreme power Ecclesiastical. It might make it probable, that he had some jurisdiction in some particular case, but what or how much that was or whence he had it, either of himself, or by delegation of another, to wit of the Popes or Clergy that is not evident by the Charter. 
 But let us see, what M. Attorney can make of these words, for that lawyers commonly can make the most of matters to their advantage. First he will needs enforce out of his Charter, that this K. Kenulfus, took upon him Ecclesiastical jurisdiction; for thus he writeth. By this it appeareth, that the King by this Charter, made in Parliament (for it appeareth to be made by the Council, and consent of his Bishops, and Senators of his kingdom, which were assembled in Parliament) did discharge and exempt the said Abbot from the jurisdiction of the Bishop, etc. And by the same Charter did grant to the same Abbot Ecclesiastical jurisdiction within his said Abbey: Which Ecclesiastical jurisdiction being derived from the Crown, continued until the dissolution of the said Abbey in the reign of K. Henry the 8. So he.  
5. In which words three things are affirmed by him, whereof I hold never a one to be certain, and the last evidently false. For neither doth it appear, by the words of the Charter, that the King did exempt the said Abbot from all jurisdiction spiritual of the Bishop, but rather of some temporal interest or pretence that the Bishop of that Diocese might have, or pretend to have in those days. Nor doth he seem to have given Ecclesiastical jurisdiction to the Abbot, but rather temporal concerning controversies that might arise about the lands of the lordship of Culnam, whereof he had made donation to the said monastery. And thirdly howsoever this might be, the third point and chief conclusion is false, that he either gave, or took away jurisdiction by his own power derived from his temporal crown (for this was impossible, as before in the second Chapter of this answer hath been showed) but rather by some spiritual jurisdiction, committed unto him by some other higher Ecclesiastical power, either of his Bishops gathered together in Parliament, or Synod; or of the Bishop of Rome himself: all which three points, we shall briefly here show, and thereby conclude that M. Attorney his inference, set out with a Nota in the margin, is worth no note at all, but only of weakness and impertinency.  
6. For first, to begin with the second, 
The first point of M. Attorneys collection refuted.  it doth not appear by the words of this Charter, that the King did grant to the same Abbot Ecclesiastical jurisdiction, within his said Abbey; but only that in all events, and discussions of causes or controversies arising about the foresaid Lordship of Culnam, given unto the said monastery, the Tenants thereof should stand to the Decree of the said Abbot, and not have recourse to the Bishop of the Diocese, who before, perhaps, pretended temporal jurisdiction over them, or at leastwise over that Lordship of Culnam. And this conjecture is greatly confirmed by a Canon of a national Synod held in Hereford almost a hundred years before this, under Theodorus Archbishop of Canterbury, the 24. of September. Anno Christi. 670. and related by S. Bede: 
Bed. lib. 4. hist. Angl. cap. 5.  where the third Canon of the Council decreeth thus. Vt Quacunque monasteria etc. That all monasteries consecrated to God, no Bishop hath authority to inquiet them, nor violently to take from them any thing of their goods; etc. whereby appeareth that some Bishops in those days did pretend also temporal jurisdiction over monasteries and their goods, which here K. Kenulfus would prevent in this his monastery, to which he gave his Lordship.  

Th● second po●nt answered  7. And by this also the other point is confirmed, that it doth not appear by the force of these words, that the Abbot was exempted from all spiritual jurisdiction of the Bishop by this Charter of the King (though otherwise by some privilege of the Pope I doubt not but he was, it being a thing common lightly to all Abbots) for he saith only: Abomni Episcopali jure: from all right of the Bishop, and not jurisdiction, which might be meant, as hath been said, of some temporal right pretended over that Lordship, and was found now not to be just; or for that the said Bishop in Parliament, or otherwise (for M. Attorney holdeth, that all this was done in Parliament) had renounced his temporal right therein, which before he pretended to have; or that the King made this declaration of the monasteries exemption (for he seemeth rather to have declared what was done, or granted, then to ordain it himself) by force of the foresaid Synodical Decree of the Ecclesiastical Council before mentioned.  

〈◊〉 the 〈…〉 then 〈◊〉  8. And truly, that the words of this Charter do seem rather to mean temporal, then spiritual jurisdiction in this place (though I doubt not (as I said) but that they were exempted in the one, and in the other by the privileges of the Sea Apostolic accustomed in such cases) that which ensueth in the said Charter doth much confirm, to wit, that the Abbot should be quiet from the Bishop's right, and that the inhabitants from thenceforward should not be depressed by the Yoke of the Bishop's officers. Which importeth as much, as that they had been unjustly disquieted & depressed before; the same no way seeming fitly to agree to be spoken of Bishops Ecclesiastical jurisdiction, and consequently it is not improbable, that only temporal jurisdiction is here talked of: and so neither spiritual jurisdiction taken from the Bishop, nor given to the Abbot by the King in his Charter.  

〈◊〉 third 〈…〉  9 But howsoever this were, or may be; most certain it is, that M. Attorney his inference and conclusion, is manifestly false; to wit, that it was derived from his Crown. For albeit, it were evident, that the meaning here were of spiritual jurisdiction: yet might the King have that power, to give the exemption which he did to the monastery, either from the Bishops gathered together now in the Parliament, or before in Synod, as hath been said, renouncing all their jurisdiction therein: or he might have it from the Pope, which is most likely, for that all such privileges, and exemptions were demanded in those days at his hands, by Princes, and founders of pious works. And the said Popes made ordinary grants thereof, (as in our days also they do) and this is different sort and manners: For that sometimes they granted the same immediately, as from themselves, sometimes they gave commission to Princes to give it in their names; and some other times they confirmed that which Princes had done before in this kind under ratihabition, or future allowance, or ratification by the Sea Apostolic.  
10. And of all these three sorts, many examples might be alleged, 
Of divers sorts of exemptiō● granted to pious works by Popes.  but that I shall have occasion again in the next Chapter to treat more largely of these points, where I shall show, that in this very time, when Kenulfus lived, his neighbour King Ossa of the Mercians demanding the Canonization of S. Alban the Protomartyr of England, at the hands of Adrian the Pope, as also that he might build a Monastery in the place where he was martyred, 
Ossa K. of Mercians. Paris. i● hist. Angl. anno 794.  and this (as Parisiensis saith) Ab omni Episcoporum subiectione emancipandum. To be free, and exempted from all subjection of Bishops; the Pope granted both his demands, answering him thus, as the same author recordeth. We do most willingly give our consent to your petition for building of a monastery, and do privilege the same; and when you have made your Charter or privilege, we shall afterwards confirm & strengthen your Original with ours, and exempt that monastery from all jurisdiction both of Bishops, and Archbishops, subjecting it immediately unto our Apostolic Sea. So he. Whereby we see, that a temporal King, and founder of a monastery or other pious work, might give privileges, either by commission, or under ratihabition as before hath been said.  
11. The like examples we find in the lives of King Edgar and S. Edward the Confessor, and many others that demanded & obtained confirmation and exemptions for pious works erected by them, of the Popes of their times. But for that these examples will be more fitly produced in the sequent Chapter, and fourth demonstration thereof, I will remit the Reader thereunto. Only I cannot let pass to recite unto you in this place a certain Charter of K. Ethelbert of Kent our first Christian English King, confirmed by a Bull in lead, of S. Augustin first archbishop of Canterbury and legate of the Sea Apostolic, unto the monastery of S. Peter, & Paul in Canterbury erected by the said K. Ethelbert: the words of the Charter are these. In nomine Domini nostri jesu Christi, etc. Ego Ethelbertus Rex Cantij;, etc. In the name of our Lord jesus, etc. I Ethelbert King of Kent, 
〈◊〉 Gul●●l. 〈◊〉 l. de 〈◊〉 talibus 〈◊〉 ast. S. agustin.  with the consent of the venerable Archbishop Augustine, and of the Princes of my Realm, do give and grant in the honour of S. Peter and S. Paul a certain pe●ce of my land which lieth in the East part of Canterbury, to this intention only that a monastery be builded in that place, 
〈◊〉 Char. 〈◊〉 K. ●●●elbert ●605.  with this condition; that my said land be for ever in the power of the said Abbot, which there shall be ordained. And therefore I do adjure, and command in the name of almighty God that is the just judge of all; that the foresaid gift of lands made by me, be held for ever firm, so as neither it be lawful for me, or any of my Successors, Kings, or Princes, or for any Ecclesiastical person of what degree, or dignity soever, to defraud the said monastery of the same, or any part thereof. And if any man shall go about to impeach, or diminish any point or part of this donation: let him be separated in this life, from the holy communion of the body and blood of Christ, & at the day of judgement, for the demeritt of his malice, be sequestered from the company of Saints, and all good men. Given at Canterbury: Anno Christi. 605. the 8. indiction.  
12. Thus goeth that Charter: and in the same form went all other charts of this Kind, wherein is to be noted first the dreadful imprecation against all breakers thereof, confirmed by the Authority of so great a Saint, 
●●ainst ●●●●ders 〈◊〉 Abbey 〈◊〉 or 〈◊〉.  as S. Augustin was: & how many lamentable inheritors we have of these curses and imprecations in our country and round about us at this day, where all such pious works are over thrown. And secondly for that he saith expressly, that he did all by the counsel, and consent of S. Augustine; it may be inferred, that whatsoever privileges he gave, that may seem to appertain to Ecclesiastical matters or jurisdiction, he did them under ratihabition of the said S. Augustine, that was not only Archbishop, but legate also of the Sea Apostolic, and confequentlie had authority to exempt the said monastery (as we see, he did) not only from the jurisdiction of all other Bishops, but of his own Sea also, 
.  in such sort, as no Archbishop of Canterbury had any authority over them, which is much more than the Charter of Kenulsus alleged here by M. Attorney. And we do read that the monks of Canterbury did plead this Charter of K. Ethelbert confirmed by S. Augustine, for their liberties against the Archbishop Richard Successor of S. Thomas Becket in the year of Christ 1180.  
13. Wherefore to conclude this matter; it seemeth that M. Attorney hath gotten nothing at all by this his instance of K. Kenulfus, whether in his Charter he meant of temporal, or spiritual jurisdiction. For if he meant of temporal, that is to say, that the Abbey of Abindon should be free from molestation of the Bishop's officers in temporal affairs, it is nothing to our purpose, and if he meant of spiritual jurisdiction, clear it is, that the said King had it not of himself by right of his crown, as M. Attorney often repeateth and urgeth without all ground, but either from the Bishops of his Realm, gathered together in Parliament: (which seemeth very probable by the words of the Charter: Consilio, & Consensu Episcoporum: That he did it by the Counsel and Consent of his Bishops) or that, he had it immediately from the Pope, as we have showed the use to be in those days, & shall do more largely in the ensuing Chapter.  
14. And that which is yet more, 
Harpe●sel● hist. Angl. saculo 10. c. 9 ex Mariano Scoto.  and seemeth to convince the whole matter & to decide our very case in particular, I do read of one Bishop Rethurus who was Abbot also of Abindon, during the reign of the said Kenulfus, who went to Rome to obtain the confirmation of privileges to the said Abbey of Abindon, about the year .812. Romam profectus (saith the Story) Pontificia authoritate privilegia Canobij communivit. He going the Rome (by consent no doubt, of K. Kenulfus himself) obtained the confirmation of the privileges of the said monastery (of Abindon) by the Apostolic authority of the Sea of Rome. 
K. Kenulfus gave his Charter to Abindon by authority of the Pope.  And it is no doubt, that among other privileges, this Charter also of Kenulfus was one; which being so, every man may see, how much this instance hath holpen M. Attorney his cause, or rather made against him, that Kenulfus procured the confirmation of his Charter from the Pope himself.  
15. And surely if in this M. Attorney committed an error in alleging Kenulfus for an example of one that took supreme jurisdiction Ecclesiastical upon him, he being so obedient and subordinate to the Church of Rome, as we have said: much more did he err in choosing S. Edward the Confessor, for his second instance (for he hath but two, as before I have said, out of all our Kings before the Conquest) which K. Edward of all others, 
The instance of K. Edward the confessors charter examined.  was most devoutly obedient to the Sea Apostolic, as may appear both by that, which before we have touched of him, as by that which after we shall more largely show in the next Chapter, that he presumed not to found his monastery of Westminster, without particular licence, and approbation of the Pope. In like manner, for that having made a vow, 
Alredus 〈◊〉 in 〈◊〉 S. Edo●●●ds.  to go in pilgrimage to Rome, to show his devotion and obedience to that Sea; he finding afterward some difficulties therein, in respect of his Kingdom, that repined at his absence, and of the troublesome times, that then were, he remitted all first to Pope Stephen the tenth, and when he being dead, to his successor Nicholas the 2. who determined, that he should not take that voyage, but bestow the charges thereof upon the building of that monastery of Westminster, to which effect both their letters are extant in Alredus, that lived about 400. years gone, & wrote the same King's life. The King's letter hath this Title. Summo universalis Ecclesiae Patri Nicolâo, Edwardus Dei gratia Anglorum Rex debitam subiectionem, etc. 
●●●g Ed●●rd the ●●●●●ssors ●●●●ection 〈◊〉 the ●●pe. 〈◊〉 1033.  To the high Father of the universal Church Nicolas, Edward by the grace of God King of England, doth offer due subjection and obedience. Whereby is evident, that if K. Edward did hold himself for supreme head, and governor of the Church in spiritual matters as M. Attorney would infer upon certain words of one of his laws, as presently you shall hear; it must needs be, that he was governor, under the Pope, to whom he professeth (as you have heard) obedience and subjection.  
16. But what proof (think you) hath M. Attorney out of this King to show, that he exercised spiritual jurisdiction by virtue of his temporal crown? You shall hear it all, as it lieth in his book; for the whole narration is but of 3. or 4. lines taken out of K. Edward his laws. The words are these in Latin. Rex autem qui vicarius summi regis est, 
〈◊〉 S. ●●●vards 〈◊〉 19  ad hoc constitutus est, ut regnum & populum Domini, & super omnia Sanctam Ecclesiam regat, & defendat ab iniuriosis; malefices autem destruat. Which M. Attorney Englisheth thus. The King, who is the vicar of the highest King, is ordained to this end, that he should rule, and govern the Kingdom, & people of the land, and above all things the holy Church, & that he defend the same from wrong-doers, and destroy and root out workers of mischief. Which words, supposing them to be truly alleged, as they lie, have a plain and easy interpretation, which is, that the King, as God's minister (for so S. Paul called also the hea-Magistrate) must govern the Church, and Clergy of his land in temporal matters; 
cap. 2.  for that they are members also of the Commonwealth, as before we showed: In which respect they are subject to the said temporal Magistrate, and in that sense to be governed by him, though not in spiritual things.  
17. And if M. Attorney will infer, that because the King is cal-called God's Vicar, he hath spiritual jurisdiction; then may he as well infer that the heathen Magistrate had spiritual jurisdiction over Christians, for that S. Paul calleth him the minister of God, which is as much in effect as Vicar, 
Rom. 13.  for that the minister supplieth the masters place. And thus you see that albeit we admit these words as here they lie alleged by M. Attorney, no advantage can be rightly inferred against us by them. But I am forced to suspect some little fraud or shuffling to be used in the citation of this piece of law, and therefore I entreat the judicious Reader, who is learned and hath the commodity to see the Originals; that he will examine both this, and the former instance of K. Kenulfus, in the authors whence they are taken, for I have them not by me.  
18. The reasons of suspicion are, first for that I see M. Attorney his translation in these few lines, not to be very exact, as it will appear to him that examineth the same; and secondly for that I find this clause of S. Edward's law, differently alleged hear by M. Attorney from that which is cited by Roger Hoveden in the life of K. Henry the second, 
Rog. Houed. part 1. ant. al. in vit. Hen. 2.  as also from another allegation thereof by john Fox in his Acts and Monuments: 
joan. Fox in Act. & Monument.  by all which may be gathered that the verb regat is wrongly placed in M. Attorneys allegation, which being amended, and the said verb placed before in his due place, the sense is perfect; to wit, ut Rex regnum terrenum & populum Domini regat, & sanctam eius veneretur ecclesiam, & ab iniuriosis defendat, etc. that the King rule his earthly Kingdom, and the people of God, and reverence and defend the holy Church. Thus (I say) ought the words to stand, to make good and congruons sense, and not as they are transposed, both by M. Attorney and john Fox to make a blind sense: who yet agree not in their allegations thereof, as in the places cited you may see.  
19 And this our assertion (concerning the true sense & meaning of the former clause) is confirmed yet further by the words of K. Edward immediately following in the same law, omitted here by M. Attorney, but set down by Fox, which are these. Quod nisi secerit, nomen regis in eo non constabit, verum, Papa joanne testante, nomen Regis perdet. If a King do not perform the points before mentioned (of governing his people, and defending the Church) the name of a King agreeth not to him; but he must lose that name, as testifieth Pope john. So he. And the same K. Edward in the end of this speech, doth cite the authority of the said Pope john again, saying that the wrote to Pipinus, and his son Charles, be●ore they came to be Kings of France, that no man was worthy to be called a King; except he did vigilantly defend and govern the Church, and people of God; So as now this government of the Church which M. Attorney hitherto hath urged so much against the Pope's authority, must be understood according to the meaning and sense only of Pope john; 
 who I suppose notwithstanding will not mean that temporal Princes shall be heads of the Church, and to have supreme spiritual jurisdiction in causes Ecclesiastical, derived from their Crowns as M. Attorneys meaning is. And so you see unto what good issue he hath brought this argument out of S. Edward's laws, which is, that Kings have so much government over the Church, as Pope john allowed them, and no more.  

The 〈◊〉 of 〈…〉  20. And finally let us hear the words of Pope Nicolas the second to this very K. Edward, concernining the government he had over the Church; for thus he writeth to him. Vobis verò, & posteris vestris Regibus committimus advocationem eiusdem loci, & omnium totius, Angliae Ecclesiarum, ut vite nostrae, cum Consilio Episcoporum & Abbalum, constituatis ubique quae justa sunt etc. We do commit unto you, and to the Kings of England your Successors, the advocation, and protection of the same place (or monastery of Westminster) and of all the Churches throughout England; to the end that in our name and authority, you may by the counsel of your Bishops, and Abbots, appoint everywhere, those things that are just, etc. By which words is easy to see what government and jurisdiction, 
King Edward's government 〈…〉 Ch●●ch wa● by 〈…〉.  K. Edward had over the Church of England; to wit, by commission of the Pope & no otherwise. By which commission also divers other Catholic Princes have had in sundry cases committed unto them, & have at this day spiritual jurisdiction, as namely the Kings of Sicily do pretend to have had, & to have supreme spiritual authority in that Kingdom, 
Se● Baron. 〈…〉 97.  as legati à latere by concession of Pope Vrbanus the 2. granted unto Roger the Norman, Earl of Sicily above five hundred years past: to wit, from the year of Christ 1097. 
The K. of Spain his Ecclesiastical jurisdiction 〈…〉  And yet will none of those that defend this spiritual monarchy at this day (for by that name it is called) say, that it descendeth by right of their Crowns, but by concession and delegation of Popes. And so much of this matter.   

HOW THE ATTORNEY NOT BEING ABLE TO PROVE HIS AFFIRMATIVE PROPOSITION, Of English Kings jurisdiction Ecclesiastical, before the Conquest: We do ex abundanti prove the negative, by ten several sorts of most evident demonstrations, that there was no such thing in that time, but the quite contrary. CHAP. VI  
Thou hast seen and considered I doubt not (gentle and judicious Reader) how M. Attorney in the former Chapter hath been graveled in proving his affirmative proposition, that our Kings before the Conquest, took supreme Ecclesiastical jurisdiction upon them, and acknowledged it not in the Pope or Sea of Rome. For proof whereof he brought forth two such poor, and petite instances, as they being, besides their weakness, impertinent and untrue, and not subsisting in their own grounds, they were no more for performance of his promise of clear and demonstrative proofs; then if a man being bound to pay ten thousand pounds in pure and current gold, should bring forth two mites of brass for discharge of his band. And surely if M. Attorney should have failed so, some years gone before he was so wealthy, 
How little M. Attorney proveth.  as that taking upon him with so great an ostentation, to prove an affirmative assertion of so main importance, and consequence, as this is, he should have performed no more, than he hath here done, he would never have attained by law, to the preferment he hath. But now● perhaps he persuadeth himself that by his only credit already gotten, he may say what he will, and prove as little as he list; because by only saying he shall be believed.  
2. But on the contrary side we require proofs, & offer proofs (gentle Reader) & for that the matter is of singular great weight even for thy soul, we rest not in ostentation of words only but in probation of deeds. And though we might remain sufficiently with the victory, for that our adversary resteth with so apparent a foil in the proof of his foresaid affirmative; yet that you may see, and behold, as in a glass, the difference of our cause and confidence therein; I have thought convenient, out of the great abundance and variety of proofs, that our truth hath in this controversy (as well as in all others between us and Protestants) to take upon me to prove the negative, against M. Attorney (which of itself is ever more hard, as you know; 
Ten demonstrations be●o●● the conquest.  than to prove an affirmative, except evidence of truth do facilitate the matter, as in our case) and to prove, and make evident by sundry sorts of clear and perspicuous demonstrations (nine or ten at the least) that during the time before the Conquest, no one of all our Christian English Kings, (exceeding the number of an hundred as before hath been said) did take upon them either to be heads of the Church, or to be supreme governors in Ecclesiastical causes, or to have any spiritual jurisdiction, all derived from the right of their Crowns, or denied this to be in the Pope, & Bishops only, or did make any Ecclesiastical laws concerning spiritual matters; and consequently that this Treatise of M. Attorney, Of the King's Ecclesiastical law, doth appertain no more unto them in reality of truth, than to the man in the Moon to govern the heavens: For that they never so much a● dreamt of any such thing, nor of any one of the foresaid clauses of spiritual power & jurisdiction, to belong unto them, which here shall briefly be proved, with such variety of demonstrations, taken out of their own words, deeds, decrees, & actions, as I doubt not, but will make more than moral evidence.  

The first Demonstration.  
3. The first Demonstration may be taken from the consideration of all the ancient laws, 
1 Of the laws made by ancient Kings before the conquest.  made by Christian Kings in our Country before the Conquest, every one in his several State, and Dominion, according to the times and places they reigned in, and governed their commonwealths, both Britanes, Saxons and Danes: and among the Saxons again, their Kings and Princes in every of their several Kingdoms, about which point Malmesbury writeth thus, 
Malmes. l. ● de gestis Regum Anglorum c. 2. in I●●.  of the noble King Inas: Porrò quantus in Dei rebus fuerit, indicio sunt leges ad corrigendos mores in populo latae, in quibus viwm ad hoc tempus puritatis suae resultat speculum. How great a King Inas was in God's affairs, the laws which he made to correct the manners of his people do sufficiently declare, in which until this day, there is seen as in a lively glass the said King's purity of mind. And the like laws (no doubt) other Kings also made in their Dominions, all which remained afterwards to their posterity, under the names of Mulmutian laws. For the laws of the Britan's, as also the laws of the Mercians, 
Differences of laws and lawmakers before the conquest.  called in their tongue Mercen laga, and of the Westsaxons, called West-saxen laga, and of the Danes named Dan laga, stood in force until England came to be a Monarchy, when the first author of the said Monarchy King Egbert began first to draw them into one body of conformity. But after him again K. Edgar surnamed the peaceable and wise King, confirmed the same and set them forth, but by the wars and confusion of the Danes, which after his death ensued, they were for the most part put out of use again, until K. Edward the confessor recalled them, increased, and made them perfect, and by the counsel of his Peers and Realm, did frame a new ordination of the same laws, which remained afterwards under the name of K. Edward his laws; and were so much approved and loved by the people, as john Fox also out of Matthew Paris doth affirm, 
Fox Acts and Mon. pag. 149.  that the common people of England, would not do obedience to William Conqueror, but that first he did swear to keep these laws, which oath notwithstanding (saith he) the Conqueror did afterward break, and in most points brought in his own laws. 
See the Conquerors Ecclesiastical laws cap. sequent●.  So Fox which if it be true, yet is it to be understood principally of his laws, appertaining unto secular men: for that in the rest which concerned the Church, & her privileges, he followed absolutely the laws of K. Edward, as in the next Chapter shall appear, where we shall set down the said Conqueror his laws in this behalf, which are as favourable and respective unto Ecclesiastical power and persons, as of any one King, either before or after him.  
4. Whereupon it followeth, that M. Attorney, who so often iterateth this word of ancient and most ancient common-lawes of England, which as he saith (but cannot prove) did authorize Q. Elizabeth her spiritual jurisdiction over the Church, speaketh but in the air and at random, beating us still with the empty sound of these words, without substance: For in real dealing he should have alleged some one law at least to that purpuse, out of all these before the Conquest, if he had meant to be as good as his word.  
5. But this he cannot do, as already you have seen by his two poor instances, and we do show on the contrary side that all these and other laws of these days were for us, in the favour of Catholic Religion, and particularly for the liberties, franquizes, privileges, exemptions, and immunities of the Church and Clergy, according to the Canons and Decrees of the Pope's Ecclesiastical law, which is the very decision of our Question. For that by these phrases & clauses is signified, as in the Canon-law (and particularly throughout the sixth book of Decretals may be seen) is properly meant, that the Church and Clergy is free from all jurisdiction of temporal Princes, except only in Civil matters; and that their goods and persons are exempted from Princes secular Courts, & that they are immediately under their Prelates, and they again under the Sea Apostolic, 
What the 〈◊〉, he● 〈…〉.  unto which may lawfully be made appeals when just occasion is offered; & that no lay judge may sit in judgement upon them or give sentence over them, or lay hand upon their persons or goods, but refer them to their own Ecclesiastical Emperors, & other such points, as may be seen in the Canon-law, in the places before cited. And you have heard before in the second Chapter of this book, how conform all these things are to God's law, and how willingly they were embraced, approved, and allowed by the first Christian Emperor Constantine, and his Successors, and by all Christian Catholic Princes since that time throughout the world: but especially, and above others in comparison, by our English Kings before the Conquest. and after also, as in their due places shallbe showed.  
6. And so when the forenamed Kings Edgar & Edward, in their very first law do set down and determine (as Fox also confesseth) that the King's office is to keep, 
Fox ubi supra.  cherish, maintain, and govern the Church within his Kingdom, (which word govern I have showed 
* Cap. 5.  before to be wrongfully put in, out of his due place, and to appertain only to the government of the Commonwealth) with all integrity & liberty, according to the constitution of all their Ancestors and predecessors; and to defend the same against all enemies etc. they do in all this, but approve and second the Pope's Canon-lawes & decrees thereof, for the pre-eminence of the Clergy, and thereby they do directly overthrow M. Attorneys proposition; & so do all the Kings in like manner after the Conquest, who following this example do ever in the beginning of their laws, renew, and confirm this law of King Edward, for the liberties, and privileges of the Church and Church men. As first the Conqueror himself, as afterward in the next Chapter more largely shall appear, when we come to speak of him in particular, whose laws are set down by Hovaden and others, 
Roger Hodon par. 1. Annal. in vita Henr. 2  and are as effectual for the Church, as could be devised: & after him (to omit K. john and others) Henry the third, who was the chief founder of our present later Common-lawes, and author of the Great Charter. 
Magna carta cap. 1.  His first law likewise is for the foresaid liberties of holy Church in these words; We have granted to God, and by this our present Charter have confirmed for us, and our heirs for evermore, that the Church of England shallbe free, and have all her rights wholly, and her liberties inviolated, etc.  
7. This Charter of K. Henry did Edward the first his son publish and confirm after him, 
Confirmation of Church's liberties in England.  as appear by his own preface prefixed before the said Magna charta. And Edward the second, that ensued after him, not only ratified the same, but added other Statutes also called Articuli Cleri in favour of the same Clergy. 
Articuli Cleri an. 9 Edward. ●.  And in K. Edward the third his time, I find the same Charter confirmed and ratified by divers, and several Statutes, as namely in the first, second, fourth, fifth and fourteenth year of his reign; and the like in the first, sixth, seventh, eight & ninth year of K. Richard the second: and in the first, second, fourth, seventh, ninth, and thirteenth year of K. Henry the 4. and in the third, and fourth of K. Henry the 5. and in the sixth of K. Henry the sixth, etc.  
8. And hereby now though we go no lower, may the indifferent Reader see, how vain M. Attorneys vaunt was, and is, that he would prove, and demonstrate by the ancient laws of our Realm, that Q. Elizabeth had supreme jurisdiction Ecclesiastical, by virtue of her Crown. And yet hitherto hath he alleged no one law at all, within the compass of nine hundred years together, but only certain impertinent scraps, and rags nothing making to the purpose, nor worthy the gathering up, as after when we come to examine them, will appear. And we on the contrary side have so many, so ancient, and so authentical laws, as you have heard, and afterwards shallbe more particularly declared, for proof of the opposite proposition i● his, that all spiritual jurisdiction was only in Ecclesiastical persons, both basore and after the Conquest until K. Henry the 8. his days. And thus much of this first demonstration concerning laws.   

The second Demonstration.  

2 〈◊〉 the 〈◊〉 Eccles●●●●ca 〈…〉 coun●●●●●ine 〈◊〉 from 〈◊〉, but 〈◊〉 P●e●●●.  9 The second demonstration is deduced from an other consideration not inferior to the former; which is, that when ●. Ethelbert of Kent (for example) was first of all other Kings converted to Christian faith by S. Augustine the Monk, sent from Pope Gregory the first to that effect, upon the year of Christ 600. and that by this occasion, a new Ecclesiastical Commonwealth was to be instituted and erected within his dominion, concerning matters depending of Religion, far different from that which passed in his Realm before when he was a Pagan, as namely (to omit matters of doctrine, and mere spiritual government) concerning marriages legitimation of children, burying, paying of tithes, jurisdiction of Bishops and priests, & the like that might seem in some sort to be mixed and concern also the Commonwealth: to whom was the recourse made for direction, counsel, and ordinance in these affairs? to K. Ethelbert think you, or to S. Gregory the Pope? no man will say, I think, to K. Ethelbert, for that he was yet but a novice in Christian religion, though as capable of spiritual jurisdiction by his Crown, as either Q. Elizabeth being a woman, or K. Edward the sixth a child of nine years old when he was proclaimed Head of the Church of England, as well in spiritual as temporal affairs.  
10. But in our case under K. Ethelbert we read both in S. Bede and S. Gregory himself, that in all Ecclesiastical matters, recourse was made to the said S. Gregory, as having supreme authority in these affairs, and therefore the said King was no sooner converted, & S. Augustine made Archbishop, but the said Archbishop according to his office sent two messengers to Rome, Laurentius a priest, and Petrus a Monk, 
See Bede lib. 1. histor. Angl. c. 2●.  to ask counsel and direction in divers cases; as namely about the distribution of oblations at the altar, diversity of customs observed in divers countries in saying Mass; about punishing of sacrilege in such as steal from Churches, about degrees of kindred, 
Of Recourse made to Rome presently after our English Church was founded.  or propinquity to be observed in marriages; about ordination of Bishops, & how he should proceed with the Bishops of France and Brittany; about baptizing women with child and churching ●hem after their childbirth, and the like.  
11. To all which questions S. Gregory answereth, and prescribeth in particular what is to be done, as lawful judge in these matters. And to that of the French Bishops, he giveth such answers, as thereby he testifieth that he well knew himself to have supreme authority and jurisdiction Ecclesiastical, as well over all bishops of France, as of England, and all countries beside throughout all Christendom. For thus he wrote, as S. Bede relateth: 
Ibidem. The answer of Pope Gregory concerning French Bishops.  For as much as concerneth the bishops of France, I gave you no authority over them, and from the ancient times of my precedessors, the Bishop of Arles hath received his pall; (from the Sea of Rome) whom we ought not to deprive os that authority, which from them he hath received, etc.  
12. And the same Pope Gregory sending the pall (which is the proper sign of Archi-episcopal authority) unto the same S. Augustine of England, he appointeth him his limits of power and jurisdiction, and what he shall do, and give to others, and this without any reference unto K. Ethelbert, any way to depend of him in his said authority or execution thereof. For thus he writeth unto him: Reverendissimo & Sanctissimo Fratri Augustino, Coepiscopo, Gregorius servus servorum Dei. Quia nova Anglorum Ecclesia, etc. 
Beda lib. 1. hist. cap. 27. & Grego●. in Regist. lib. 12. c. 15.  For that a new Church of the English nation by God's gift and your labour, is now brought to participate of the grace of our Saviour Christ, we do grant unto you the use of the pall in the said Church, only to be used in the solemn celebration of Masses; we grant you also authority to ordain twelve Bishops under you, which shallbe subject to your jurisdiction, but yet s● as the Bishop which shallbe ordained for the city of London, shall ever afterward be consecrated by a Synod, and shall receive also a pall of honour from this holy and Apostolic Sea of Rome ● wherein by God's appointment I do serve at this tyme. We do will you also to send a Bishop to the City of York, whom yourself shall think good to ordain: but yet with this condition, that if that City, with other places near about do receive the word of God; he may ordain twelve Bishops also, and so remain with the honour of a metropolitan: for that we do intent God willing (if we live) to give him also the pall, 
〈◊〉 Grego●●●● commission to Augu●●ine.  whom yet notwithstanding we will have to be subject to your disposition, though after your death he shall so be over these Bishops, whom he hath ordained, as he be no way subject to the jurisdiction of the Bishop of London, etc. But your Brotherhod shall not only be Superior, and have authority over those Bishops, which yourself have ordained, but over those also which shallbe ordained by the said Bishop of York. And so in the authority of jesus Christ our God & Saviour you shall have subject unto you all the Priests of Britain; to the end that from your mouth and holiness of life, they may receive a true form both of right belief, and virtuous life; and thereby performing their duties of good Christians both in faith and manners, they may come at length by God's holy grace to enjoy his heavenly Kingdom, who keep and defend you ever, most reverend Brother. The tenth day before the Calends of july, Mauritius being Emperor. etc. the 4. indiction, anno Domini 601.  
13. By this epistle, and commission of Pope Gregory, we may see what authority he took himself to have, for all matters spiritual and Ecclesiastical in our Country: neither did he think hereby to do any injury to King Ethelbert, neither did the King take it so, or imagine that himself had any spiritual jurisdiction, or Ecclesiastical authority to govern the Church, by virtue of his temporal crown, more now by being a Christian, than he had before, when he was a Gentile; but only that now he was to govern Ecclesiastical persons also, in civil and temporal matters, and thereby might rightly be called King of them both in the sense which before in the second Chapter of this answer we have declared.  
14. Nay, good King Ethelbert was so far of from thinking himself to receive any prejudice against the power and authority of his temporal Crown, by the spiritual jurisdiction over him and all others, instituted by Pope Gregory; as he infinitely rejoiced thereat, and presently made temporal laws to confirm the same: having special care to provide for the safety, and immunity of the Clergy, as S. Bede doth signify. 
Bede lib. 2. hist. Anglicana cap. 5.  And moreover that he reduced the form of his secular judgements and Tribunals, to the likeness of those of Rome. Among other good things and benefits (saith he) which King Ethelbert with his wisdom did bring into his nation, one was, that he appointed by the counsel of wise men, the decrees of judgements to be made according to the example of the Romans, which decrees being written in the English tongue do remain in use and force unto this day. So Bede. Who lived an hundred & fifty years after. And this may suffice for example of the first Kingdom converted to Christian religion, which was of Kent, and the countries round about even unto the river of Humber.  
15. But if I would pass to the consideration of other Kingdoms also converted after this, 
The conversion of other Kingdoms after that of Kent.  & of their Christian Commonwealthss instituted, and ordained according to the form of this first, there would be much to say. For first some four years after the conversion of the said K. Ethelbert of Kent by S. Augustine, 
Anno 600.  was converted by the preaching of S. Mellitus, Sebert, 
Anno 604.  or (as S. Bede calleth him) Sabered, King of the Eastsaxons; and some five years after that again, King Sigebert of the Eastangle, 
Anno 709.  by the preaching of S. Felix Bishop: and some seventeen years after that again, K. Edwin, of the Northumber's, by the preaching of S. Paulinus. 
Anno 606.  And then further some nine years after thate K. Kinegilsus of the Westsaxons, by the preaching of S. Berinus: 
Anno 635.  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. years after all this. K. Ethelw●ld, 
Anno 662.  or Ethelwalch (as S. Bede calleth him) of the South-Saxons, was converted by the preaching of S. Wilfride.  
16. All these Pagan Kingdoms, as they received the faith and Kingdom of Christ, by the industry and labours of spiritual and Ecclesiastical 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) subject themselves unto them, not only in matters of faith and belief, but in discipline also and Ecclesiastical jurisdiction, as sheep to their Pastors, according to that which before you have heard S. Creg●●● Nazianzen tell the Emperor of his time; 
●up. cap. 2. ● 4.  and hereby it came to pass, that albeit these different Kingdoms had different te●porall laws, for secular affairs before their conversion, and retained the same afterward until England became one sole Monarchy, as in the precedent demonstration you have heard: yet in Ecclesiastical and Church-matters, they had all one, and the self same laws, 
ecclesiastical ●●wes all ●●ne, though in ●●●serent ●ingdo●es.  though they were different Kings, and enemies for the most part, one to the other, living in continual wars for the suspicion, the one had, that the other would encroach upon him. And yet shall you never read, that any of them did go about to punish a Priest, or Clergy man for bringing in any Ecclesiastical ordinance, function or order from his enemies countries, which is an evident argument that all was one in Ecclesiastical matters, and consequently that these law●● and ordinances did not proceed from any of the King's authority, in their particular Kingdoms (for then would not the other have received the same) but from one general body and head, which is the Church, and universal governor thereof.  
17. To all which may be added this consideration of one Metropolitan, the Archbishop of Canterbury, who had the spiritual jurisdiction over the far greatest part of all these English King's Dominions, whereof divers were enemies in temporal matt●●● to the King of Kent, in whose territories his Bishopric and Residence was: & yet did no one of all these other Kings except against this his spiritual authority & ecclesiastical jurisdiction, in matters belonging to Religion, which doth evidently demonstrate that this Ecclesiastical power of the said Archbishop, was a different thing from the temporal of these Princes, and placed in a different person; and that all these Kings were one in acknowledgement of obedience unto this spiritual jurisdiction, though in other things each man had his temporal power and State a part. But if these powers were combined together in the person of the Prince, and annexed to his Crown and Sceptre, as M. Attorney doth pretend; then would each of them have had a several Metropolitan under him, independent the one of the other, which we see was never attempted, but all acknowledged the said Archbishop of Canterbury, or the other of York, in their districts, according to the power, and limitations given them by the Bishop of Rome, as already hath been declared. And though much more might be said in this point, and many particularities alleged, which for brevities sake I omit, yet this already said, will suffice to show the force of this argument.  
18. One thing only I may not let pass, to advertise the reader of, which is a certain wily slight devised by M. Attorney, to decline the force and evidence of this proof saying that albeit those Ecclesiastical laws were taken from others; yet being allowed and approved by the temporal prince, they are now his laws. 
M. Attorney his evasion answered.  But this shift is refuted by that which already we have set down before. For if one & the self-same Ecclesiastical law, received by seven Kings and Kingdoms jointly within our land, shallbe said to be each King's proper laws, for that they are approved and received by him & his realm: then shall one and the self-same law have seven authors, yea more than seventy: for that so many Kingdoms and States, as throughout Christendom shall receive the same Ecclesiastical and Canon-law (for example) made and promulgated by the general Pastor thereof: each particular Prince (I say) admitting the same, as he is bound to do, if he be truly Catholic, shall thereby be said to be the particular author thereof: which is no less ridiculous, then if a man should say, that every province in France admitting a law made by the King in Paris, should be the several makers of that law. But for that I shall have occasion perhaps to handle this point more at large afterward, I shall say no more now but pass to another Demonstration.   

The third Demonstration.  
19 The third Demonstration consisteth in this, that in all the time of our Christian Kings before the Conquest, 
3 That all Ecclesiastical weighty matters were referred by our Kings & people to Rome.  being above an hundred in number in the space of almost five hundred years (as before hath been said) all doubts, or difficulties of greatest importance, that fell out about Ecclesiastical business, or men, all weighty consultations, and recourse for remedy of justice, and decisions in Ecclesiastical causes of most moment, were not made to the Kings of our Realm, nor to their Tribunals, but to the Bishops of Rome for the time being, as lawful judges thereof, both by the subjects and Princes themselves: and consequently those Princes did not hold themselves to be heads of their Churches, nor did think that they had supreme Ecclesiastical jurisdiction, derived from their Crowns. And this point is so evident, in 〈◊〉 the course of our ancient English histories, & so abundant to amples do everywhere offer themselves to this effect, as a whole book might be made of this point only. But I shallbe mindful of brevity, and out of many and almost infinite examples name a few, observing also some order of time therein.  
20. We have said somewhat before in the next precedent demonstration, of the beginning of spiritual jurisdiction & exercise thereof in England by S. Augustine our first Archbishop under & Gregory the Pope (both of them our Apostles) who did exercise, and put in ure spiritual jurisdiction over all the Church of England, without reference to K. Ethelbert, though he were a Christian and a very good Christian King. And when the said S. Augustine died, he remitted not the matter to the said King, to appoint an Archbishop after him, 
●. Augu●●ine appointed his successors by or●●r & authority to Rome.  but by concession of the Sea Apostolic, did nominate two that should succeed him in order, Laurentius and Mellitus upon the year of Christ 604. as S. Bede doth testify. 
Anno Do●●ni 604. 〈◊〉 lib. 1. 〈…〉 p 4.  And some six years after that again, the said Mellitus being Bishop of London, and having begun to build a certain Monastery, at the west part of that City (called afterward Westminster) intending to make it a Seminary of Bishops and Clergymen for the spiritual help of the whole realm, he esteemed it of such importance, 
Anno 610.  as for that and other such Ecclesiastical affairs, he went to Rome to take direction therein, from Pope Boniface the 4. who thereupon called a Synod together in Rome: de necessaries Ecclesiae Anglorum causis ordinaturus saith Bede: 
〈◊〉 the 2. hist. ●  to ordain what was convenient, 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 returning into Brittany, should carry the ordinations of this Synod, to be observed by the Church os England and Clergy thereof. And further he addeth, that ●●nisacius the Pope wrote letters by the said Mellitus, as well to Lau●ence then Archbishop of Canterbury, as to Ethelbert their King, and to the whole nation of Englishmen, though now the said le●ters be not extant; yet hereby it is evident,, what authority they acknowledged in those days to be in the Bishop and Sea of Ro●●, 
Ethel●●rt and Sebert ●ow they depended ●● Rome.  about English affairs; and that neither King Ethelbert of Ken●, nor King Sebert of London and Essex, being both Christian princes did repine thereat, as done against the privileges of their Crowns.  
21. After S. Mellitus, who died Bishop of Canterbury, there succeeded in that Sea, by the appointment of Pope Boniface the fifth, the holy man justus, Bishop of Rochester before, who by his doctrine and holy life, had holpen greatly to the reduction of Eadbald King of Kent, 
K. Eadbald an Apostata reclaimed.  who after the death of his good Father K. Ethelbert, by dissolute life, had fallen back again to Paganism, and renounced the Christian faith. But afterward returned again, and became a good Christian King: and presently thereupon he wrote his humble letters of submission to the said Pope Boniface the fifth, as appeareth by the Pope's answer unto the said Archbishop justus, upon the year of Christ 618. related by S. Bede, where Boniface writeth: Susceptis namque apicibus filii nostri Eadbaldi Regis, etc. 
Beda lib. 2. hist. cap. 8.  We having received the letters of our son K. Eadbald we do find thereby with how great learning of God's word, you have moved his mind to true conversion & undoubted faith. And in the same letter he signifieth, that together therewith he sent him (to wit to S. justus) the pall, with authority of Archbishop of Canterbury: and further, concedentes etiam tibi ordinationes episcoporum exigente opportunitate, we do also grant unto you power to ordain Bishops, 
Authority given by the Pope to make Bishops in England.  wheresoever opportunity for God's glory is offered. Neither did Pope Boniface think to displease or injure K. Eadbald by writing in this sort, or by giving to this Archbishop S. justus such authority to make bishops over all England, as hereby he did, without respect of his kingly power as you see.  
22. And not many years after this again to wit upon the year of Christ 621. K. Edwin of the Northumber's, Regum potentissimus inter Anglosaxones: 
Malmesb. in fas●is. anno Christi 621.  saith Malmesbury the most potent of all other Kings amongst the English-Saxons was converted to the Christian faith by the preaching of S. Paulinus sent thither from Kent, by the foresaid justus Archbishop of Canterbury, as to accompany the most Christian Lady Ethelburga daughter of K. Ethelbert, who was married to the said K. Edwin, upon hope of his conversion to ensue thereby, as after it did. This man then some dozen years after his said conversion, desiring to have an archbishopric erected in his Kingdom in the City of York, and to have Paulinus that was there with him, to be made Archbishop thereof, not esteeming it to be in his own power, to do the same of himself, or by his Parliament, though he were a Christian King: whither think you, or to whom did he make recourse and suit to have the same effected? S. Bede saith that he sent an ●●bassadge to Rome, 
K. Edwin demanded Bishops from Rome.  to Pope Honorius to demand this benefit at 〈◊〉 hand, as also for so much as the foresaid S. justus Archbishop of Canterbury was now dead, he would appoint some other in 〈◊〉 place, and namely a holy Reverend man called Honorius; and that for avoiding of so often recourse to Rome in those troublsome days, full of wars and dangers; he would vouchsafe to appoint, that whosoever should die first, of these two Archbishops of his district, Honorius and Paulinus (for now the government of Kent appertained also to Edwin) the survivor of the two, should appoint and consecrate a successor unto him that died. All which demands Honorius the Pope granted unto K. Edwin, as appeareth by his answer recorded by S. Bede in these wor●● Eae verò quae à nobis pro vestris sacerdotibus ordinanda sperastis etc. 
Beda lib. 2. ● cap. 17.  As f●● the things which you hope I will ordain for your two priests (Paulinus & Honorius) we do willingly, & with a grateful mind, and without all delay go about to perform, in respect of the sincerity of your faith, which by the faithful relation of the bearers of your letters, was much to your praise insinuated unto us. And therefore we have sent unto Honorius, and Paulinus two palls of metropolitans, 
Pope Honorius his privileges granted to K. Edwin.  and have ordained, that whosoever of them two shall first be called out of this world unto his ma●●● the other that remaineth may ex hac nostra auctoritate, by this our authority given him subrogate another in his place. Which priledge we are induced to grant, as well for the special affection of love, which we bear towards you, as also in regard of so long distance of Countries, that lie between you and us etc.  
23. Thus wrote Honorius the Pope to K. Edwin in these day●●, and thus he thought of his Ecclesiastical jurisdiction over England, as well as other countries. Neither did K. Edwin thi●●e himself injured thereby, but much honoured and obliged. And the same Pope Honorius writing at this very time, to the foresaid Honorius whom he had made Archbishop of Canterbury, by sending him the pall, (as you have heard) beginneth his letter thus: Dilectissimo Fratri Honorio, Honorius: and then showing him what authority he had sent to him, and to Paulinus Archbishop of York, he hath these words: 
 Quae pro vestrarum Ecclesiarum privilegijs cōgr●●r● posse conspicimus, non desistimus impertire: we do not cease to grant unto you those things, which we see to be convenient for the privileges of your Churches etc. Consider of this superiority.  
24. And after this again, about some thirty years, the sixth Archbishops of Canterbury being dead, 
Anno Domini 665.  whose name was Adeodatus, the two Kings of Northumber's and Kent, to wit Oswy and Egbert, being very solicitous (saith S. Bede) to have a good Archbishop given them, that might appoint good Bishops, 
Bede lib. 3. hist. cap. 29.  throughout the Realm, resolved to send a common embassadge to Rome to Pope Vitalianus, to obtain the same. And the more to facilitate the matter, they caused an English priest, 
Bede ibid. anno Domini 665.  named Wighard, cum electione & consensu Sancta Ecclesia gentis Anglorum, saith the same author, by the election and consent of the holy Church of the Englishnation, to be sent to Rome and presented for this effect. And together with him they sent certain religions oblations & alms to the use of S. Peter's chapel, but the said Priest dying, so soon as he arrived, could not satisfy their desires. Whereupon the Pope wrote back several letters, whereof that to King Oswy began thus: Domino excellentissimo, filio Oswie Regi Saxon●, Vitalianus Episcopus servus servorum Dei, etc. Wherein after congratulation for his zeal and fervour, and the presents, gifts, and offerings sent to S. Peter's chapel, he answereth to the business proposed thus: We could not find out at this present, a fit man to be made Archbishop and sent unto you, according to the tenor of your letters, but as soon as any such person shall be found, as is apt, we shall direct him to your country with our instructions, etc. He that brought your tokens hither so soon as he had visited the Churches of the holy Apostles was taken away out of this life, to our great grief. 
The Pope sendeth relics to the King and Qeeene & promiseth an Archbishop.  But to the bearers of these our letters, we have delivered for you certain sacred relics, to wit of S. Peter and of S. Paul, S. Laurence, S. john, S. Pancratius, and S. Gregory: and unto your Queen our spiritual daughter, we have sent a cross, and golden key, having in it some parcels of the sacred chains, wherewith the Apostlds S. Peter and S. Paul were bound.  
25. Thus wrote the Pope at that time, not being able to give them an Archbishop fit for the present, 
Bede lib. 4. histor. Anglican● c. 1.  but afterwards (saith Bede) he being very careful thereof, and inquiring amongst learned men, whom he might choose, he first cast his eye upon one Adrian an Abbott of a monastery near unto Naples, 
Abbott Adrian.  which Adrian was by nation an African, but very skilful in the Latin & Greek tongue, & well instructed as well in Monastical, as in Ecclesiastical functions. But this man flying the dignity of Archbishop, named unto the Pope one Theodorus a Monk, borne in Tharsus of Cilicia, as S. Paul th'Apostle also was, a man of excellent learn●●● and virtue, whom Pope Vitalianus commanded to take the charge upon him of being Archbishop of Canterbury, 
Theodorus sent for Archbishop of Canterbury  and Metropolitan of the English Church: which thing he refusing for a time, yet at length accepted it with condition, that the foresaid Adrian should go thither with him, and so he was consecrated, and sent with authority to create other Bishops, throughout England, 
Anno 669.  as he did. He arrived there upon the year 669. and wa● joyfully received by the foresaid Kings, and Christian people, & lived twenty years in that sea. 
●eda lib. 4. ●●st. cap. 2.  Neither were there ever (saith Bede) after the englishmen's arrival into Brittany more happy times than these, when our nation had most valiant Christian Kings, that were a terror to barbarous nations, and when all men desires were inflamed with the love of Christ's heavenly joys, 
A happy ●ate of ●he English Church.  lately revealed unto them; so as whosoever had desire to be instructed in sacred doctrine, had masters ready to instruct them (by the diligence of this new Archbishop) and not only this, but all English Churches also began now by the industry of the Abbot Adrian, to learn the tune of singing in the Church, throughout the realm, which before was only in Kent, etc. Theodorus also visiting the whole Realm, ordained Bishops in all opportune places, and wheresoever he found any thing not perfect, he by their helps did correct the same. Hitherto are the words of S. Bede of this our Christian primitive Church.  
26. And all this now is within the first hundred years thereof, when it was most happy, fervent, and devout by S. Bedes judgement; but much more remaineth to be said of the same, if I would consider every particular Kingdom, and what passed therein this first age. But if I should pass down with like search through the other four hundred years, that do ensue before the Conquest, I should not be able to contain myself within the compass of this book, and much less of one Chapter, and of one only argument, or Demonstration thereof. For that every where during this time, we shall find that all our Christian Kings, in all spiritual matters, appertaining to Ecclesiastical jurisdiction, made their recourse to Rome, or to the Archbishop's or Bishop's of England, as subordinate or authorized from th●● Sea; nor ever did they by act, word, deed, or decree signify that they thought to have Ecclesiastical power or jurisdiction to dispose of those affairs themselves, except perhaps some times, and of some things by commission from the other.  
27. Let amongst others the wise and renowned King Edgar the first public author of English laws, 
Malmesb. lib. 2. de Regib●s Anglorum c. 8.  be an example, who having in hand a most important consultation, how to reform the lives of Clergy men of this realm, but especially of certain secular Priests in those days, procured first that S. Dunstan the Archbishop, of Canterbury, should call a Synod about the same, who resolving that the best means would be, to put in religious men, to wit Monks into every Cathedral Church, 
K. Edgar sent for authority to Rome to reform the Clergy.  in place of the other that lived disorderly, the King took not upon him to do it himself, by his own kingly authority, or to give commission to any of the said Bishops to do the same, but made his recourse to Rome to Pope john the 13. praying him to authorize the two holy Bishops of Winchester, & Worcester, to wit S. Ethelwold, and Oswald, to make this reformation, which he would never have done, if he had thought, that by his own Kingly power, descending from his Crown, it had belonged to himself; or that his Parliament might have given him the said authority of visiting and reforming, altering and disposing, as it did to Q. Elizabeth.  
28. And this may be showed from one to one, in all this time throughout the reigns of above an hundred Christian Kings before the Conquest, as hath been said, if the brevity of this place did permit me to prosecute the same. And my adversary is not able to show me one instance out of all this time truly & sincerely alleged to the contrary: 
M. Attorney challenged.  & in this I challenge him, if he think himself able to answer me: And so shall I pass to the fourth argument, if first I recite one example more out of the second age after our conversion, for it is of eminent circumstance, and declareth fully what was the sense of our Kings, and their nobility and Clergy in those days.  
29. Next after K. Ethelbald, who was the fifth Christian King of the Mercians, 
K. Ethelbald. See Stow anno 71●.  and to whom S. Bonifacius (called Winfred before) martyr, & Apostle of Germany wrote so sharply to amend his life, as in all our English histories is to be seen, there succeeded K. Offa, who did great matters in his days, 
Malmesb. lib. 1. de jests Regum Anglorum. & lib. 1. de gostir Pontific●●.  and as Malmesbury writeth, had both great vices and great virtues: and among other things, he bearing a grudge to the people of Canterbury, and to their Archbishop Lambert, he pretended to separate from the obedience of that Sea, all the Bishops, and bishoprics that were within the Kingdom of Mercia, which were the grea●er 〈◊〉 of the Suffragans of that Sea, and to procure them by the consent and authority of Pope Adrian to be subject to the bishop o● LICHFIELD, as to the chief Metropolitan of his dominion● and so many reasons he alleged and urged for the same, 
The attempt of ●●ng Offa againsts the ●●risdiction of Canterbury.  together with his might and power, that the said Pope Adrian (as after you shall hear) began to yield somewhat to his demand, notwithstanding the often appellations of the said Archbishop Lambert, but Pope Adrian dying, & Leo the third being chosen in his place, Offa died in like manner soon after, as also the Archbishop Lambert, & in Offa his place succeeded Kenulphus a most noble King, and to the Sea of Canterbury for Lambert was chos●● Athelardus, that had been Bishop of Winchester before, one of the rarest men, if we believe famous 
See divers ●auses of Al●uins epistle to ●thelard ● Malmesb. lib. 1. de gostis ●●●tificu●.  Alcuine master to Charles the Great, that ever our nation bred.  
30. This Archbishop then, having made his appeal also to Rome, as his predecessor had done, for recovering the ancient honours, and jurisdiction of his Church of Canterbury, used such means, as at length he persuaded K. Kenulphus to be content therewith, and that himself might go in person to solicit the same; and so he did, with a letter of the said King himself, and of all his Bishops, and nobility gathered together about that affair: you shall hear some clauses of the said letter, and thereby judge of the rest. It beginneth thus. Domino Beatissimo etc. To the most Blessed and most loving Lord Leo, Bishop of the Holy and Apostolic Sea of Rome, Kenulphus by the grace of God, King of the Mercians, with the Bishops, Dukes, and all other degrees of honour and dignity under our Dominion, do send salutations of most sincere love in Christ etc. This is the title of the epistle wherein after many thanks given to God, for the election of 〈◊〉 good and pious a Pastor in place of Adrian deceased, 
The epistle of K. Kenulphus to Pope Leo.  he showed the special reason why English men above others, had cause to rejoice thereat, saying: Nos quoque meritò quos extremitas orbis tenc● prae caeteris gloriamur, quia unde tibi Apostolica dignitas, inde nobis fidei ver●tas innotuit. We also which dwell in the extreme parts of the world, do rejoice above other men at your election, for that whence you have received your Apostolical dignity, the ●● have we received the truth of our faith. And then he goeth forward desiring humbly Pope Leo, to give him his Apostolic●●● benediction, to the end he may govern his people well; 〈◊〉 benediction (saith he) all my ancestors that have reigned over the Mercians, have obtained of your predecessors, & I do in all humility demand the same of you, and that you will take me for your adopted son, as I do love you, as the person of my father, and do embrace you with all the force of obedience that I can. These are his own words.  
32. And then yet further after diverse such speeches of piety, he cometh to beseech the said Pope to examine the matter, & to resolve the doubt, which the Archbishop Athelardus was to propose unto him, about the jurisdiction of the Sea of Canterbury, & that the decision might be according to the Canons, and Apostolical decrees of S. Gregory the first, who sent S. Augustine into England, and by his authority founded that Sea of Canterbury, 
The humble petition of King Kenulphus.  showing moreover that his predecessor King Offa, was the first that ever attempted to withdraw the Bishoprics of Mercia from the obedience of Canterbury, and that (as he saith) for emnytie that he had with Archbishop Lambert, and for advancing his own Kingdom of Mercia, by making LICHFIELD a Metropolitan. Wherefore he concludeth thus: Quare Excellentiam vestram humiles exor amus, quibus à Deo merito clavis scientia collata est, ut super hac causa cum Sapientibus vestris quaeratis, & quicquid vebis videatur nobis seruandum rescribere dignemini, etc. Wherefore we humbly beseech your excellency, 
Key of knowledge.  unto whom God hath worthily given the key of knowledge, that you will consult with your wise & learned men about this cause, and whatsoever shall seem good to you, do you vouchsafe to write it back unto us, that we may obey and observe the same.  
32. Thus wrote K. Kenulphus, unto whom the Pope answered: Domino excellentissimo, filio Kenulpho Regi Merci●rum Provinciae Saxoniae, Leo Papa etc. And in this letter after congratulation of the piety of the said King, 
The determination of Pope Leo 3. for Archbish. Athelarde. Kings and Princes subjects to the Archb. of Canterbury; in spiritual matters.  and commendation of the Archbishop Athelard he declareth, that according to the Canons of holy Church, and institution of S. Gregory the first (which institution he saith, he found extant in the Records of the Roman Church) he determined that all the Bishops and bishoprics of Mercia should return to the obedience of the Sea of Canterbury again, & then for more commendation, dignity, and authority of the Archbishop Athelard, he hath these words; We by the authority of S. Peter, Prince of the Apostles, whose place though unworthily me do hold, have given unto him such pre-eminence, as if any one of his subjects, whether they be Kings or Princes, or any of the people, shall transgress the commandments of God, he may excommunicate them until they repent, and if any repent n●t, (and mark that the King and his Princes also are declared to be subject to him and to his Ecclesiastical Censures) let them be held ●● heathens and Publicans. So he: And by these two examples of King Offa and Kenulphus, in their recourse to Pope Adrian and Leo the third, in so great an affair as this was, concerning their state, & dominions, we may easily see, what account they made in those days of the Pope's authority in like cases, and they never so much as dreamt, that themselves by right of their temporal Crowns, had power or right to determine the same.  

Missions made by authority of the ●●pe  33. I might add to this consideration of missions out of our Realm into diverse countries, for preaching the word of God, which always was done by the Pope's order and commission, & not by temporal princes, as all examples do testify both the sending of our Apostles, & first preachers Augustine, Laurence, Paulinus, justus, Mellitus, Honorius, & Theodorus into England; as also when Germany, Frizland, and other Countries were by God's holy providence and appointment, to be converted by Englishmen, Bonifacius, Willebrordus and others, they took not their mission from temporal Princes, but from the Popes; no not of the Princes of the places themselves. For when S. Willebrord was to go to preach in Frisia, which newly by force of arms King Pipin had subdued, 
●●●rent. in ●●r●n. in engl.  Florentius writeth thus: Willebrord, having obtained licence of Prince Pipin to go and preach in Frisia, went to Rome to ask licence of Pope Sergius, that he might begin his work of preaching, which having obtained he began the same Anno. 693. & four years after he was made Archbishop of the said Country, by the Sea Apostolic, as S. Bonifacius was of the Germans.  
34. And so much of this third demonstration might suffice, because we have been overlong already, 
Dispensations of ●ost importance procured 〈◊〉 Rome.  but that I cannot well omit one other consideration of moment, to the same purpose, which is of certain dispensations used to be procured from Rome in those ancient times & afterward, for quetting of men's consciences, when any scruple fell out. As for example. When King Egbert the first famons Monarch of our English Realm, died upon the year of Christ 839. as Stow reckoneth the years, though others assign it some years before, there remaining unto him one only child called Adelnulfus or Ethelwolfus, or Adulphus (for by all these three names, there is mention of him in divers authors) who being brought up Sub Sanctissimo padag●go Swithun● (saith Malmesbury) under the most holy schoolmaster S. Swithyll Bishop of Winchester, 
Malmesb. lib. ●. de ultis Pontifi●um in S●●thu●●.  was at length made (subdeacon (as the same author saith) of that Church, & some other as Stow citeth, do affirm that he was made Bishop of Winchester and Abbott of Geruaux: but his said Father being dead, and none other left of the blood-royal to succeed him, he was persuaded for the public good of his Country, upon the dispensation of Pope Leo the third, procured by his Father before (notwithstanding his said holy Order of Subdeaconship) to accept the Crown, and marry, & so he did: Concedente Leone illivis nominis tertio, ex gradu Subdiaconi Wintoniensis, in Regem translatus est. 
Malmesb. ibidem.  By the concession, or dispensation of Pope Leo the third he was translated from the degree of a Subdeacon in the Church of Winchester, to the Crowne-royall. So Malmesbury. 
Stow in anno ●39.  Whereunto both he and Stow do add, that he married soon after judith daughter to Charles the great King of France, by whom he had four sons, 
Malmesb. lib. 2. d●gestis Regum Anglorum cap. 2.  which all succeeded him after in the Crown, and he lived so long, as he sent his fourth son Alured, or Alfred a goodly young Prince at that time, to be brought up in Rome, under Leo the fourth of that name, which began to sit in that Sea, upon the year 847. to whom K. Ethelwolfe went also after himself in person, and received many favours, and spiritual graces from him. And thus do write our ancient historiographers in this matter.  
35. The other example may be of King Edward the Confessor, who having made a vow to go in person to Rome, 
Alredus Ritual, in vita D. Edward●.  and being dissuaded from the same, by the consent of his whole realm, for the dangers of the ways in those troublesome times, and for the necessity of his presence at home, was forced to ask dispensation of his vow at the hands of Pope Leo the ninth, who granted the same willingly, as appeareth by his letters thereof written, appointing him to bestow in alms upon the Monastery of Westminster, what otherwise he should have spent in his journey: and the same was confirmed after again by Pope Nico●●s the second (unto whom the said King wrote also for the confirmation of Pope Leo his sentence) that succeeded in the Sea of Rome, though not immediately after the former, as by divers clauses of both their letters which we will produce in the next ensuing chapter, doth most evidently appear.  
36. And for other two examples after the Conquest (to omit the rest) may serve, first that of King john, 
Polidorus & alij ●● Iohan●●.  who sued to Pope Innocentius the third, to be dispensed withal for his oath which he had made to the Barons of England, upon fear and coaction as he pretended, 
Two example's after the conquest. ●●anderus lib. 1. de 〈◊〉.  whereof more afterward shall be said, when we come to treat of his life and reign in particular. And the other of King Henry the seventh, who procured from Pope julius the second, that notorious dispensation for Prince Henry his son, to marry the Princess Katherine of Spain, left by his brother Arthur, whereabout there was so much ado afterward, for avoiding the force thereof, when their divorce was treated in England, and elsewhere abroad. Others I omit because these alone are sufficient to show what opinion was held from time to time by the Kings of England concerning the Pope's sovereign supreme authority in spiritual matters, belonging to conscience and direction of souls; far different, yea quite contrary to that which M. Attorney would persuade his Reader. Now let us pass on to some other Demonstrations.   

The fourth Demonstration.  

4 〈…〉, privileges, 〈◊〉 of Churches, monasteries, Hospitals, etc. by the ●ope.  37. The fourth argument, is gathered out of that which before we have mentioned in the precedent chapter, of confirmations of Churches, Hospitals, monasteries, and other pious works, that are to be perpetual, and of privileges immunityes, and exemptions, granted thereunto; which always were demanded of the Sea Apostolic in these days (as they are now in ours) and their foundation was never held for firm to perpetuity, without the said confirmation, and ratification of the Bishop of Rome, which is a sign that they acknowledged his supreme spiritual authority, and that it was not in their temporal Kings: especially for so much as the said Kings themselves, did sue to Rome for such confirmation, ratification, and spiritual privileges, as the works by them founded had need of.  
38. And of this, infinite examples might be showed throughout all this time before the Conquest, but I must moderate myself, as well in this, as in the former; and therefore shall touch some few only and those all as briefly as I can, for that this chapter groweth to be overlong. We have showed how King Ethelbert ●or the first Monastery that ever was in England, within four years after his conversion, procured confirmation and exemption thereof from S. Augustine Archbishop and Legate of Pope Gregory: and how S. Mellitus some years after that, being the third Archbishop of the same Sea, went to Rome in person, about the confirmation of his Monastery of Westminster (by Pope Bonifacius) and how Pope Honorius after him again granted privileges to the Churches of Canterbury and York, at the petition of King Oswyn of Northumberland, & of King Egbert of Kent. And this course was held afterward by all other Kings, in the founding of Churches, Monasteries and other pious works; to wit that they made recourse unto Rome and the Bishops thereof, for the confirmation, ratification, establishment, privileges & exemptions of the same in spiritual matters, which by all likelihood they would not have done, if these Kings had thought themselves to have had sufficient authority, from their Crowns, to do the same without dependence from the Sea Apostolic.  
39 We read in S. Bede that in the time of King Egfrid and S. Theodorus before mentioned the seventh Archbishop of Canterbury, 
Abbott Biscopus sent to Rome for privileges.  about the year of Christ 680. one Biscopus an Abbot, otherwise called Benedict, having by the licence and liberality of the said King, builded a Monastery near to the mouth of the river Wire, went by consent of the said King to Rome, to ask confirmation and privileges of Pope Agatho: He demanded and received (saith S. Bede) of Pope Agatho a letter of privilege, 
Bed● lib. 4. hist. Angl. cap. 10.  confirmed by his Apostolical authority, for the defence and strengthening of the liberty of his Monastery, according to the will and meaning of King Egfrid, by whose licence and liberal gift of lands and possessions, he had erected the same Monastery. So Bede. Who also in another part of his works, writing the life of S. Bertolphus a holy Abbot, saith: that in the days of Honorius the Pope, for that a certain Bishop went about to molest the said holy man's Monastery, 
Bede t●m. 3. in vita S. Bertolph●.  he made a journey to Rome to demand franquises and exemption for the same, from the said Episcopal authority: Cui praebuit (saith Bede) optatum munus sanctus Papa, privilegia scilicet Apostolicae sedis, quatenus nullus Episcoporum, in praefato Coenobio quolibet iure dominari conaretur. 
The privileges of S. Bertolphus his Monastery.  Unto which holy man, the holy Pope Honorius gave the gift which he desired, to wit the privileges of the Apostolical Sea, to the end that no Bishop under any pretence of right whatsoever, should go about for the time to come, to take upon him any dominion in that his Monastery.  
40. Furthermore some few years after this again, under Pope Sergius, there went to Rome to be baptised, the famous young King Ceadwalla of the Westsaxons, 
Ceadwalla.  of whom Malmesbury saith: Tantum etiam ante baptismum inseruierat pietati, ut omnes manubias quas iure Praelatorio in suos usus transcripserat, Deo decimaret. He did observe such piety even before his baptism, as he gave to God the tithes of all his spoils, which he had applied to his own use out of the bootyes he had gotten of his enemies; Of whose baptism and death in Rome we shall have occasion to speak after. 
Inas.  To whom the famous King Inas succeeded both in his Kingdom and virtues. And with both of them was insingular credit, the holy Abbot S. Adelmus, afterward by the said Inas, made Bishop of Shirborne, who going to Rome with the said Ceadwalla, returned after his death, and carried with him saith Malmesbury, 
Malmesb. 1. de g●stis ●●gum Anglorum c●p. 2.  Privilegium quod pro libertate Monasteriorum suorum ab Apostolico Sergio impetraverat, quod libens Inas confirmavit, & multa Dei famulis eius hortatu contulit, & ad extremum renitentem Episcopatu honoravit. He brought from Rome the privilege for the liberties, or franquises of his monasteries, which he had obtained of Sergius Bishop of the Sea Apostolic; which privilege King Inas did willingly confirm, and by his persuasions did bestow many benefits upon God's servants, and last of all honoured him also with A Bishopric (to wit of Shirborne) though he resisted the same what he could.  
41. And moreover he saith of the same King, & of his respect unto the aforesaid Saint and learned Bishop (for Malmesbury saith he wrote an excellent book of virginity, 
Malmesb. 〈◊〉.  dedicated to the Nuns of Berkensteed, 
Adel●●us his book of virginity.  whereby many were moved to that holy kind of life): eius pracepta audiebat humiliter, suscipiebat granditer, adimplebat hilariter. King Inas did hearken to the precepts of Adelm●● with humility, received the same with great estimation, and fulfilled them with alacrity. And this point concerning the privileges of Monasteries, fell out about the year 687. and in the number of these Monasteries, 
Malmesb. ●● 2. histo●● novella.  the same Malmesbury treating of the year 1140. in King Stephen's time, saith that the Abbey of Malmesbury was one: and in the former, he signifieth that Inas obtained also, the like privileges for divers monasteries: Reg●is sumptibus nobiliter a se excitatis. Nobly erected by him with royal expenses: and that the Abbey of Glastenbury was one, whose most ample privileges both from Popes, and diverse Princes, were renewed and ratified again largely in K. Henry the second his time, as all our histories do set down.  
42. And all this happened out in the first age of our primitive Church, and it would be overlong to run over the rest with like enumeration, but yet some few more examples we shall touch, as they offer themselves in order. And first we read that immediately after this first age, to wit in the year of Christ 70●. two famous Kings, Kenredus of the Mercians, and Offa of the Eastsaxons, leaving voluntarily their Kingdoms, and going upon devotion to Rome, there to lead and end their lives, in prayers, alms, & other pious exercises, there went with them as ghostly-father and director of that devout journey (as after more largely shallbe showed) Egwyn third Bishop or Worcester, 
Florentius in chronico anno 70●.  as Florentius declareth, who returning home required of them, as it seemeth no other reward, but that by their intercession and his own, he might obtain of Pope Constantine, and Charter of privileges, for a monastery of his, newly erected within the territory of Worcester, which the said two Kings had endued with many temporal possessions; and so he did, and returned with great contentment for the said privileges and exemptions obtained for his foresaid Abbey of Euesham. (for so it was called) And by this we see, that he did not hold his said Abbey for secure, 
Privileges of the Abbey of Euesham.  and well defended, by the provisions of the said Kings, except he had obtained also his confirmation thereof from Rome.  
43. Next after this we read, of the foresaid famous King Offa of the Mercians, who meaning to build a royal, & stately Monastery unto the protomartyr of England S. Alban, went to Rome to Pope Adrian, to ask licence, confirmation, and privileges for the same, upon the year (as Matthew of Westminster writeth) 794. and among other exemptions (to use his own words) that he might have it ab omni episcoporum subiectione emancipandum, 
The privileges of S. Albans founded by King Offa.  that is to say, that it might be free and exempted from all subjection of Bishops: which the Pope granted willingly, as appeareth by his letter unto the said Offa, wherein among other things he saith: Fili charissime etc. Most dear child, and most potent King of the English Offa, we do commend greatly your devotion, concerning the protomartyr of your Kingdom S. Alban, and do most willingly give our assent to your petition of building a Monastery in his memory, 
Math. Vestmonasteriensis in historia anno 794.  and do privilege the same etc. Wherefore by the counsel of your Bishops and noble men, you may make your Charter, and afterward we shall confirm and strengthen the same with our letters, and exempt the said Monastery from all authority of Bishops and Archbishops, and subject it immediately to this our Apostolical Sea. So Westminster● whereby we may see that this potent King Offa did not pursuade himself that he had authority by the right of his crown, to give Ecclesiastical exemptions to the monasteries of his realm, though they were of his own founding: which yet M. Attorney, as you have seen in the former chapter, would needs prove by the example of K. Kenulsus, about whose time as before hath been alleged out of Marianus Scotus, Bishop Rethurus was sent to Rome to obtain privileges for the Abbey of Abindon from the Sea Apostolic as he did.  
44. But before we pass from this example of King Offa, let us hear the words of Matthew Paris about this fact: 
●at. Paris vita Hen●●●●ter●●s ●●no. 1256.  Ipse insuper (saith he) Rex Offa in quantum potuit aliquis Rex, Coenobium sancti Albani quod ipse magnificè fundavit, liberum esse constituit in temporalibus, & ut ipsum liberum faceret in spiritualibus, Romam in proprio corpore adijt. This K. Offa moreover so much as a king might do, made the monastery of S. Albans, which himself magnificently had founded, free in all temporal affairs, and that i● might in like manner be free (or have privileges) in spiritual matters, he went in proper person to Rome etc. Behold the distinction, how a King could give liberties, and privileges in temporal things, but could procure them only in spiritual from the Sea Apostolic; which is quite opposite to all that M. Attorney affirmeth, but let us go forward.  
45. After this again we read in William of Malmesbury, of the great and godly King Edgar, who ruled over all England, that he having a special devotion to the forementioned Abbey of Glastenbury, whereunto he had given great possessions, sent a solemn embassage to Rome, unto Pope john the thirteenth, at the very same time, when there was a Synod there gathered together, to wit upon the year 971. beseeching the said Pope, that he would confirm the privileges already granted by the said King unto the Monastery of our blessed Lady in Glastenbury, (behold how the King granteth privileges under ratihabition, in hope of ratification by the Pope) and so (saith Malmesbury) direxit ch●rographum Regiae liberalitatis, 
Malmesb. 〈◊〉 2. the 〈◊〉 Regum anglorum ●●p. 1.  orans ut & ipse hoc roboraret scripto Apostulicae auctoritatis. And the King directed unto the said Pope letters written with his own hand, testifying his princely liberality, bestowed upon the same Monastery, beseeching that the Pope also would strengthen the same with some writing of his Apostolical authority. Which embassadge of the King's Pope john receiving benignly, and by the uniform consent of the Council gathered together, 
Privileges granted to Glastenbury at the petition of K. Edgar.  confirmed the said privileges of K. Edgar by an Apostolical rescript, and not only did he confirm that which Edgar had done before, but added diverse spiritual privileges beside, saying amongst other things thus: We yielding to the humble petition of King Edgar, and Archbishop Dunstane, do receive the said place (of Glastenbury) into the bosom of the Roman Church, and into the protection of the blessed Apostles, endewing and strengthening the same, with diverse privileges, namely that the Monks may choose unto themselves a Pastor or Abbot of their own, in whose power it shallbe to prefer Monks and Clerks under him to holy orders; that no man may molest them, take, or retain any thing of theirs, etc. Concluding in the end thus. In the name of the Father, the Son, & the holy Ghost etc. everlasting malediction to the breakers thereof. Whereunto Malmesbury addeth this contemplation: 
Malmes. i● vita Edgar●.  perpendant ergo contemptores tantae comminationis quantae subiaceant sententiae excommunicationis. Let the contemners of so great a threat or commination consider, how heavy a sentence of excommunication they do undergo. So he. A thing (no doubt) worthy to be remembered in these our days.  
46, And many more examples of like privileges, might be alleged, under the same King Edgar, confirmed mutually by the Pope and King, and namely one related by Ingulphus, which was given by a Charter of the said King upon the year 970. subscribed by himself and thirty two other witnesses, 
Ingulphus in historia de Cr●yland.  to the Monastery of Medeshamsteed, now called Peterburrow: Ego Edgarus totius Albionis Basileus. etc. I Edgar King of all Albion, do grant most willingly that the holy, & Apostolic Monastery of Medeshamsteed shall be free for ever from all secular causes & services; & that no Ecclesiastical or lay man shall have dominion over the same or over the Abbot thereof etc. And moreover that it be secure eternally, 
King Edgar charter confirmed the Pope's charter.  from all worldly yoke; and that it remain free from all Episcopal exaction and molestation, according to the liberties given thereunto by the Sea Apostolic, and the authority of the most Reverend Archbishop Dunstan etc. And furthermore we have thought good to corroborate by this Charter the said privileges from the Sea Apostolic of the Roman Church, according to the first institution of the said Monastery, which whosoever shall presume to infringe, let him be damned eternally to hell-fyer, by the punishment of the high judge S. Peter & all the order of Saints. Thus far that charter.  
47. And finally not to go further in this argument whereof infinite examples might be alleged, I shall end with one only more to show the perpetuity, and continuance of this use taken out of the fifth age of our English Church, 
The privileges of Westminster procured by K. Edward.  to wit of King Edward the Confessor, not long before the Conquest, who having a great desire to enlarge the Monastery of Westminster with new buildings and possessions, dealt with two Popes therein, to wit Leo the ninth, and Nicolas the second, ask their approbation and confirmation thereof, which they granted one after the other. Leo wrote back unto him in these words: Leo episcopus servus servorum Dei: 
Alredus Rievell in vita S. Edwards.  Dilecto silio suo Edwardo Anglorum Regi, salutem & Apostolicam benedictionem. And then he beginneth his letter. Quoniam voluntatem tuam laudabilem, & Deo gratatu cognovimus, etc. For that we have understood your intention to be laudable and grateful to God, etc. We do agree unto the same, and do command by our Apostolic authority, that whatsoever possessions you have given or shall give, unto your said Monastery of Westminster, it be firm, and appertain unto the Monks, and that the said place be subject unto no other lay person, but only to the King; And whatsoever privileges you shall there appoint to the honour of God, we do grant the same, and confirm the same by our most full authority, and do damn finally the breakers thereof unto everlasting malediction.  
48. Thus Pope Leo the ninth, who dying upon the year of Christ 1054. two-other succeeded within the space of four years, 
Anno Domini 1054.  to wit Victor the second, & Stephen the tenth, after whom succeeded Nicolas the second, unto whom S. Edward made suit again by a solemn embassage, for confirmation of his said privileges of Westminster and other affairs, giving this title to his letter, 
Ibidem.  as before hath been noted. To the highest Father of the universal church Nicolas, Edward by the grace of God King of England, doth offer due subjection and obedience. 
Mutual letters between Pope Nicolas and King Edward.  Whereunto the Pope answered in these words: Nicholas Bishop and servant of the servants of God, unto the most glorious and pious, Edward King of England, most worthy of all honour, & our special beloved son, doth send most sweet salutation and Apostolic benediction. And after many loving and sweet speeches in the said letter, he saith to the petition itself about privileges: Renovamus ergo, & confirmamus, & augemus vobis privilegia vestra, etc. We do renew and confirm, and increase unto you your privileges: And for so much, that this place of Westminster, from antiquity hath belonged unto the Kings of England, we by the authority of God, and the holy Apostles, and of this Roman Sea and our own, do grant, permit, and most strongly confirm, that the place for ever be of the jurisdiction of the Kings of England, wherein their royal monuments may be conserved, and that it be a perpetual habitation of Monks, subject to no person but to the King, etc. We do absolve the place also, 
Privileges of Westminster with a terrible curse to the breakers.  from all service & subjection of the Bishop, etc. and whosoever shall go about to infringe, or invade, or diminish, or undo any of these privileges, we damn him to everlasting malediction, together with the traitor judas: that he have no part in the blessed resurrection of Saints, etc. Thus he. And with this shall we end this fourth consideration or argument, whereby is sufficiently made evident, if nothing else were, how vain, and untrue the imagination of M. Attorney was in the former chapter, who by the pretence of certain words, in the charter of K. Kenulsus, to the Monastery of Abindon, would seem to persuade himself, & others that our English Kings in those days, did take upon them spiritual jurisdiction, to give privileges, & exemptions from Episcopal authority unto monasteries, and consequently, that they had all supreme jurisdiction Ecclesiastical, in as ample manner, as Q. Elizabeth took upon her, or was given unto her by Act of Parliament, which is a most evident dream as you see.   

The fifth Demonstration.  
49. Now then to pass to the fifth argument, 
5 Appeals and complaints to the Sea of Rome about controversies that fell out.  which maketh matters yet more manifest, the same is taken from the consideration of Appeals when any controversy fell out, either between the King and his Bishops, or between any lay power and Ecclesiastical, or between Bishops and Churches themselves; which Appeals shall never be read to have been made in these times before the Conquest, either to the King, or to his secular Courts, but rather to the Archbishop of Canterbury or to the Pope for the time being.  
50. And albeit in this time of religious fervour of our Eng●●●● Kings, there were fewer occasions given of Appeals to the Sea Apostolic, then after the Conquest when Kings were less devout and sometimes more violent, as may appear by the examples of S. Anselm, S. Thomas, S. Edmond all three Archbishops of Canterbury, 
Appeals more frequent since the Conquest.  Thurstan, S. William & Gaufred Archbishops of York, S. Richard of Chichester, Hugh of Durham to speak nothing of that notorious Appeal between Richard of Canterbury against King Henry the third and Hubert Earl of Kent, and diverse others, as is evident by the histories of our Country, in which we find that always the Bishops for remedy of such aggrievaunces, as either by the Kings, Nobility, or others after the said Conquest were laid upon them, or their Churches, made their recourse for succour to the Sea Apostolic: yet before the Conquest also though the occasions (as I said) were not so frequent sometimes they were driven to use the benefit of this remedy, as we see in the two Archbishops of Canterbury, 
Appeals before the Conquest.  Lambert and Athelard before mentioned, under King Offa and Kenulfus of the Mercians: and before that again in the famous cause of S. Wilfryd Archbishop of York who in the very first age after our conversion, was twice put out of his Bishopric, and forced to appeal to Rome, first by Egfryd King of the Northumber's, and then by Alfryd his successor, with the concurrence against him of certain Bishops. And both times he appealed unto Rome, 
Bede lib. 4. historia cap. 11. & 13.  as S. Bede declareth, and to follow his appeals, went thither twice in person, and was twice absolved; first by Pope Agath● in a Synod of an hundred twenty and five Bishops, upon the year of Christ 679. and the second time by Pope john the seventh six and twenty years after, 
S. Wilfrides' Appeals to Rome anno. 679.  to wit upon the year 705. Of the first absolution, S. Bede himself writeth that he was not only found innocent, and thereupon cleared by the Pope and whole Synod (as hath been said) but that they thought good likewise, to give him his place in the said Council, and to note his absolution, and the special respect borne unto him in the very acts of the said Council, holden against the Monothelites in these words: Wilfryd the beloved of God, Bishop of the City of York, 
Beda lib. 5. histor Ang. cap. 10.  having appealed to the Sea Apostolic in his cause, and being absolved by the authority of this Council in all things, both certain and uncertain, was placed in his seat of judgement together with an hundred twenty five his fellow-Bishops, in this Synod, and hath confessed the true and Catholic faith, and confirmed the same by his subscription, for himself and all the north parts of Britanny and Ireland, which are now inhabited by Englishmen, Britanes, Scots, and Picts.  
51. Thus relateth Bede of S. Wilfrids' first appellation, and most honourable absolution in Rome, and that then returning to his country he converted the kingdom of the South saxons, and that afterward again, being invited by King Alfred, that succeeded Egfryd, to return to his Bishopric of York, heat length upon persuasion of good men accepted thereof. 
Beda ibid.  But after five years he was expulsed again by the said Alfred, and appealed again to the Sea Apostolic, and went to Rome to Pope john the seventh (as hath been said) who hearing his cause in the presence of his adversaries, 
The second Appeal of S. Wilfride to Rome. Bede ibid.  and accusers together with many Bishops that did sit in judgement with him: Omnium judicio probatum est, etc. saith Bede. It was proved by the judgement of all, that his accusers had devised certain calumniations against him: whereupon he was absolved; and letters were written (saith Bede) by the foresaid Pope john unto Alfred, and Edelrede Kings of England that they should cause him again to be received into his Bishopric, for that he had been unjustly condemned. This is the sum of the story, briefly set down by S. Bede. 
Malmesbur. lib. 3. de gestis Pontif. Anglorum in Wilfrid●.  But William of Malmesbury writeth the same, to wit, both these appellatious of S. Wilfryd much more at large, telling how the first persecution against this holy Bishop had beginning from the envy of Queen Ermenburga second wife to King Egfryd of the Northumber's, who understanding that his first wife Ethelreda did love, & reverence much this good man, she thought it a sufficient cause for her to hate him, and so incensing first the King her husband against him, by saying that he was rich, and that many gave their goods unto him to build monasteries, she drew by little & little the King to mislike him, as also she did by like means & sleights incense the good Archbishop Theodorus of Canterbury, to impugn and contradict him.  
52. The same Malmesbury also setteth down the particulars that passed in that Council, wherein he was absolved at Rome, and how at his return into England with the Pope's letters, the said Theodorus Archbishop of Canterbury repent himself much, that he had been drawn against him, and wrote earnest letters unto King Alfred, that had succeeded Egfrid, that he would admit him again into his archbishopric of York: saying among other words: Et ideo charissime te admoneo, & in Christi charitate pracipio tibi, etc. And therefore most dear King I do warn you, and in the love of Christ do command you: 
Malmesb. 〈◊〉.  Ego Theodorus humilis Episcopus, decrepita aetate, hoc tuae beatitudini suggero, quia Apostolica hoc (sicut scis) commendat auctoritas, & vir ille sanctissimus in patientia sua possedit animam suam, etc. 
The epistle of S. theodorus 〈◊〉 favour Well-said S. 〈◊〉 who●e he had impugned  I Theodorus humble Bishop (of Canterbury) in this my broken old age, do suggest this unto your Happiness or Majesty, both for that the authority of the Sea Apostolic, (as you know) doth commend it to be done, and the holy man Wilfryd hath (according to the saying of our Saviour) possessed his soul in his own patience: and most humbly and mildly forgetting the injuries done unto him, hath followed the example of his head and master Christ, and hath expected the remedy at his hand; And if I have found any grace in your sight, although the way between you & me be long, yet I beseech you, let my eyes once see your face again (to treat of this matter) and that my soul may bless you, before I die. Wherefore my dear son deal with this holy man (Wilfryd) as I have besought you, and if in this point you show yourself obedient to me your Father, that am shortly to depart out of this world, it will profit you much to your salvation. Fare you well.  
53. Upon this letter King Alfred being much moved permitted him to return to his archbishopric again: And S. Wylfryd by the persuasion of the said Theodorus and other bishops, was induced to accept the same, and so he did for some time, but after five years, the complaints of his emulatours growing strong against him, 
S. Wilfrid restored to his Bishopric of York the second tyme.  he was forced to fly the second time, unto King Etheldred of the Mercians, but after again appealed to Rome, and went thither being now full threescore and ten years old, whence returning absolved (as hath been said) with letters of commendation from Pope john the seventh, both to Britwald Archbishop of Canterbury, that had succeeded Theodorus, as also to Alfred King of the Northumber's, and to Etheldred King of the Mercians; he obtained again his archbishopric of York, and held● it four years before his death.  
54. The letters of Pope john, unto the two foresaid Kings, do begin with a complaint of sedition raised in England amongst the Clergy by opposition against S. Wilfride, which he exhorteth the two said Kings to suppress, and then beginneth his narration thus: 
Malmesb. ibidem fol. 152.  Whereas of late under Pope Agatho of Apostolic memory, the Bishop Wilfryd had appealed to this holy Sea, for the trial of his cause etc. The Bishops at that time gathered herein Rome from diverse parts of the world, having examined the same, gave the definition and sentence in his favour, which was approved both by Pope Agatho and his Successors our predecessors etc. and then showeth he, how the same having succeeded in this his second appeal, he doth appoint Britwald Archbishop of Canterbury to call a Synod, and by all consents either restore him to his archbishopric, or to come and follow the cause at Rome against him; and whosoever did not so, should be deprived of his Bishopric: and then concluding with this speech to the King, he saith: Vestra proinde Regalis Sublimitas faciat concursum, 
The Decision and commandment of Pope john.  ut ea qua Christo aspirante perspeximus, perveniant ad effectum. Quicumque autem cuiustibet persona audaci temeritate contempserit, non erit a Deo impunitus, neque sine damno calitus alligatus evadet. Wherefore do your royal highness concur also to this our ordination, to the end that those things, which by the inspiration of Christ we have judged for convenient, may come to their effect. And whosoever upon the audacious temerity of any person whatsoever, shall contemn to do this, shall not be unpunished of God, neither shall he escape that hurt which those incurre, whose sins are bound from heaven. So he.  
53. And I have thought good to allege this notorious example, somewhat more largely, for that it expresseth evidently, both the acknowledgement and exercise of the Pope's authority in those days, as also the devout and prompt obedience of our Christian Kings and Prelates thereunto, in that holy time of our first primitive Church. 
The humility & obedience of our Kings in those ancient days.  For that of the two forenamed Kings Malmesbury writeth, that Ethelredus of the Mercians received the Pope's letters upon his knees on the ground. And albeit that Alfryd of the Northumber's, somewhat stomached the matter for a time, as done in his dishonour, yet soon after being strooken with deadly sickness, sore repent the same, and appointed in his testament that S. Wilfryd should be restored; which testament the holy virgin Elfled his sister, 
S. Elflede.  that stood by him when he died, brought forth and showed before the whole Synod of Bishops, gathered together about that matter in Northumberland.  
57 And thus having been longer than I purposed in this example of S. Wylfryds appeals, I will pass over as before I have said, the other appeals above mentioned of Lambert and Athelard, 
Supra ●●m●n. 3.  Archbishops of Canterbury under King Offa and Kenulfus, Kings of the Mercians, unto the Pope's Adrian the first, & Leo the third; w●● determined the great controversy about the jurisdiction of the Sea of Canterbury, 
Many examples of Appeals.  at the humble suit of the said King Kenulsus, & of all his Clergy and nobility; I will pass over in like manner● the example of Egbert Archbishop of York, who by his appealing to Rome: multa Apostolici throni appellatione, saith Malmesbury, that is by frequent appellation to the Apostolical throne, recovered again the pre-eminence and dignity of his archbishopric, and Pontifical pall, upon the year 745. which had been withdrawn from that Church, for many years together after Panlinus his departure. 
Malmesb. lib. 3. de gestis Pontif. anno. 745.  And I may add further to this argument and consideration, not only that appellations were ordinarily made to the Sea of Rome, concerning Ecclesiastical affairs, upon any aggreivances of particular persons, Churches, or societies in those days, as appeareth by the examples alleged; but also complaints of public defects, negligences, or abuses, if they concerned the said Ecclesiastical affairs, were carried to Rome, and to the Bishops of that Sea, aswell against Bishops and Archbishops, as against the Kings themselves, where occasions were offered, which Bishops of Rome, took upon them as lawful judges to have power, to hear, determine, and punish the same, by acknowledgement also of the parties themselves, whereof we might allege many examples. But one only in this place shall serve for the present, which fell out in the time of King Edward the elder, upon the year of Christ 894. (though others differ in the number of years) And the case fell out thus.  
57 The Bishop of Rome in those days, named Formosus the first, being advertised that diverse provinces in England, especially that of the Westsaxons, by the reason of Danish wars, were much neglected and void of Bishops for diverse years, the said Pope saith Malmesbury wrote sharp letters into England: 
Malmesbu. de rebus ges●is Regum Anglor. lib. 2.  Quibus dabat excommunicationem, & maledictionem Regi Edwardo, & omnibus subiectis eim à sede S. Petri, pro benedictione quam deder at Beatus Gregorius genti Anglorum. By which letters he sent excommunication and malediction to King Edward, and all his subjects, from the Sea of S. Peter, in steed of the benediction which S. Gregory had given to the Englishnation; whereof Malmesbury addeth this reason, that for full seven years, the whole region of the Westsaxons, had been void of Bishops. And that King Edward having heard of the sentence of the Pope, presently caused a Synod of the Senators of the English nation to be gathered, in which sat as head, Pleam●ndus Archbishop of Canterbury, who interpreted unto them strictly (saith Malmesbury) the words of this Apostolical Legacy sent from Rome: Whereupon the said King, and Bishops took unto themselves wholesome counsel, choosing and ordaining particular Bishops in every province of the Gevisses or westsaxons. 
Pope Formosus did excommunicate K. Edward the first and how the matter was amended.  And whereas the said province had but two Bishops in old time, now they divided the same into five, and presently the Synod being ended, the said Archbishop was sent to Rome with honourable presents: Qui Papam (saith our Author) cum magna humilitate placavit, Decretum Regis recitavit, quod Apostolico maximè placuit. He did with great humility endeavour to pacify the said Pope Formosus, reciting unto him the decree that King Edward had made, for better furnishing the Country with more Bishops for the time to come, than ever had been before, which most of all pleased the Apostolical Pope. Wherefore the Archbishop returning into England ordained in the City of Canterbury seaveu Bishops upon one day, appointing them seven distinct bishoprics: Atque hoc totum (saith he) Papa firmavit, ut damnaretur in perpetuum qui hoc decretum infirmaret. And the Pope (Formosus) did confirm this decree (of this distinction of Bishops in England) damning him eternally which should go about to infringe the same. So Malmesbury: and consider the authority here used.  
58. The same Pope also wrote a letter to the bishops of England by the said Archbishop Pleamond, in these words: To our brethren and children in Christ, all the bishops of England, Formosus. We having heard of the wicked rites of 
* This he speaketh in respect of the conversation with Danes that were Infidels.  Idolatrous Pagans which have begun to spring up again in your parts, and that you have held your peace as dumb dogs not able to bark, we had determined to strike you all with the sword of separation from the body of Christ, and his Church, but for so much as our dear brother Pleamond, your Archbishop hath told me, that at length you are awakened, and have begun to renew the seed of God's word by preaching, 
Malmesb. lib. 1. de gestis Pontificum Anglorum.  which was so honourably sown from this Sea in times past, in the land of England, we have drawn back and stayed the devouring sword; and moreover do send you the benediction of almighty God, and of S. Peter Prince of the Apostles, praying for you, that you may have perseverance in the good things, which you have well begun, etc.  

Decrees and ordinances of Pope Formosus for the church of England.  59 Thus went that letter with a far longer exhortation ●● that behalf, with order and instruction how to proceed to continue good bishops among them, which was that as soon ●● knowledge came to the Metropolitan of any Bishop dead, he should presently without delay cause another Canonically to be elected in his place, and himself to consecrate the same. And moreover he determineth that the Bishop of Canterbury, hath been ever from ancient times held for chief Metropolitan of England, otdeyened so by S. Gregory himself, as in the Roman Registers was authentical recorded, and therefore he confirmeth the same, threatening, that what man soever shall go about to infringe this decree, shallbe separated perpetually from the body of Christ and his Church. So Malmesbury.  
60. And in this example we see many points, expressing the sense of these ages, as first the vigilancy of the Pope Formosus over England, & the affairs thereof (though far remote from him, and altogether embroiled with wars) no less than over other Provinces & Kingdoms of the world, 
The vigilancy of ancient Popes over England.  which is conform to that which S. Bede writeth of the like diligence of Pope Agatho above two hundred years before this of Formosus, that is to say, that he seeing the heresy of Monethelites, that held but one only will in Christ, to spring up and increase in diverse places of the world, sent one expressly from Rome into England, to learn what passed there. Pope Agatho (saith Bede) being desirous to understand, as in other provinces, 
Beda lib. 4. ●●st Angl. cap. 8. 20. & 23.  so also in Brittany, what was the state of the English Church, and whether it preserved itself chaste and unspotted from the contagions of heretics; sent into England for this purpose, a most reverend Abbot named john, who procuring a Synod of Bishops to be gathered together about that matter by Theodorus the Archbishop, found that the Catholic faith in England was conserved in all points entire and inviolated: of which Synod he had an authentical copy delivered him, by public testimony to be carried to Rome. Thus S. Bede touching the attention and diligence of Pope Agatho in our English Ecclesiastical affairs.  
61. And it is to be noted, that in the same Synod is set down that four several Kings concurred thereunto, to give thereby satisfaction unto the Pope, to wit Egfryd King of the Northumber● Ethelred of the Mercians, Adelnulphus of the Eastangles, & Lotharius of Kent; which is conform to that which the King Edward the first ●● the former example did, when presently upon the threatening letters of Pope Formosus, he called forthwith a Council, remedied the fault that was committed, & sent the Archbishop Pleamond to Rome to give satisfaction, and promise of amendment for the time to come, which is to be presumed that none of these Kings would have done, if they had thought themselves injured by this intermeddling of the Pope, as an external power; 
A consideration of moment.  and that themselves had authority Ecclesiastical derived from their crowns, to dispose & order these things without any reference to the Sea Apostolic. And so much for this argument and demonstration, which openeth a window to see many things more, which by me of purpose are pretermitted, for that I covet not to be overlong.   

The sixth Demonstration.  
62. The sixth Argument may be deduced, 
6 What Kings Archbishops & Bishops lived together, and what laws they were like to make.  from an universal contemplation of all the Kings, Archbishops, and Bishops that have lived, and reigned together in all this time in England, and the several Provinces, and Kingdoms thereof, before the Conquest, the Kings being in number above an hundred that were Christened, as often before hath been mentioned, the Archbishops of Canterbury the spiritual heads of the English Church 32. from S. Augustine unto Stigano, and other Bishops of far greater number, laying before our eyes, what manner of men all these were, what faith they believed and practised, what union and subordination they had in spiritual and temporal jurisdiction amongst themselves, both at home and abroad with the Sea Apostolic, which in great part hath been declared by the precedent arguments and demonstrations. All which being laid together, we may infer, that for so much as laws are nothing else but ordinances and agreemenrs of the Prince and people, to the public good of every Kingdom, State, and Country; we may infer (I say) that according as we find the faith and religion of our Princes, Bishops, and people to have been in those days, so were also their laws. For out of their religion, they made their laws, and consequently it must needs follow, that they being all perfectly Catholic, according to the Roman use, as by all the former arguments you have seen, that they made no laws concerning Ecclesiastical matters, nor admitted conceived any from their ancestors, nor could not do (they being also Catholic) that were repugnant or contrary to the Canonical laws of the universal Church, and Sea of Rome, in those ages: whereof again ensueth that M. Attorney that telleth us so often of the ancient and most ancient Common-lawes of England; cannot presume to have any law for him, and his assertion within this compass of 466. years before the Conquest: for that those that should make or leave unto us these laws, were all of a contrary judgement, and religion unto him, in the very point which he treateth of spiritual jurisdiction. As for example.  
63. There reigned in Kent in the first age of our primitive Church successively these Kings, to wit: Ethelbert, Eadbald, Ircombert, Egbert, Lotharius, Edrycus, and Withredus; 
The concurrence of Kings and Bishops in Kent and London for the first age of English Christianity. 1  and their Archbishops of Canterbury, by whom they governed themselves in spiritual matters, were Augustine, Laurence, Mellitus, justus, Homrius, Deusdedit, Theodorus, and Britwaldus. And in London, Mellitus, Ceddus, Wyna, Erkenwald, Waldherus, and Ingualdus. And in the sea of Rochester, justus, Romanus, Paulinus, Thamarus, Damianus, Putta, Q●●chelmus, Germundus, and Tobias. All these kings, with all these Bishops were of one, and the self same religion, and of one judgement and sense in Ecclesiastical matters, and so were all the rest of the Christian Kings, together with their bishops, in other Kingdoms of the land. And the like I might show throughout all the other four ages that ensue after this, first before the Conquest. And how then is it possible, that these Princes with these Bishops and counsellors, and with their people conform to them in the same religion, should make or admit laws contrary to the common sense of the Catholic universal Church in those days, concerning Ecclesiastical jurisdiction? And this is a demonstration which morally convinceth, and cannot by any reasonable man be denied. 
A necessary inference.  Whereunto I may adjoin, that if they had made any such law, contrary to the common sense of the general Church in Church-matters, they would have been noted, and reprehended for it, or at leastwise some memory would have been left thereof by historiographers, tradition, register, or some other monument, which is not found, nor ever will be. And this shallbe sufficient for this demonstration, whereby occasion is given to the ingenious reader to prosecute the same, and discourse further of himself, and to consider how metaphysical an imagination that of M. Attorney is, of ancient laws made in the air, and no where extant, contrary to the sense, and judgement, both of Prince and people in those times.   

The seventh Demonstration.  
64. another Demonstration not much unlike unto this, 
7 The concourse with other Kings, Princes, and Catholic people abroad.  may be taken from the view of external Kingdoms, in this time before our English Conquest: to wit what they taught, what they believed, and what they practised in this point, concerning Ecclesiastical jurisdiction, whether they derived it, or acknowledged the same, in, or from their temporal Kings, or from their Bishops and Sea Apostolic of Rome. For if they did the later, than is it most certain that all the Kings, Kingdoms, and people of England did the like, for that otherwise they should have been noted, and taxed as hath been said for some discrepance, division, disagreement, sedition, schism, or singularity in this behalf, which is not read of. Nor can M. Attorney, or any Attorney else whomsoever he can take unto him for his help in this matter, ever show me any one word of ancient testimony for proof thereof, and thereupon may we confidently conclude, that there was never any such thing.  
65. But now what was the doctrine, use, and practise of all the rest of Christendom beside, concerning Ecclesiastical jurisdiction, derived from the Sea Apostolic of Rome, 
The universal authority of the Sea of Rome during the time of our Christian kings before the Conquest.  as the head & fountain thereof, throughout all this time, whereof we speak before our Conquest, it shall be enough to cast our eyes only upon the universality of all writers in those days, whose volumes are full of narrations, appertaining to this effect, as namely of Bishops made throughout all Kingdoms, by ordinance and authority of the Bishop of Rome: Of Churches, Abbeys, monasteries, Hospitals confirmed, and privileged by the said authority: Of Kings, and Emperors also anointed by them and their authority for the spiritual & temporal good of Christendom. And in this very time, whereof we talk, happened the mutation of the Kingdom of France from Chilpericus, to Pipinus and Charles his son: and of the Roman Empire from the Grecians unto the said Charles; & of the said Empire from the French to the Germans, by the authority of the Pope of Rome; and infinite other public testimonies of supreme spiritual jurisdiction, exercised 〈◊〉 where by that Sea, with the approbation of all the world. And no one example can be alleged of any such power or jurisdiction pretended, or exercised by any Prince temporal whatsoever, throughout all the Christian world in this time by us 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 abroad, for that they were never noted of any difference or opposition, as hath been said, it followeth by good deduction and inference, that no such Common-law (as M. Attorney imagineth) could have place among them, deriving spiritual and Ecclesiastical jurisdiction from the right of Princes temporal Crowns, and excluding that of the Sea Apostolic. For in case that any such law had been made, it would have been extant; either by writing or tradition; and if it had been Common (as often here it is called) it would have been known by some one at least, 
Mark the consequence.  besides M. Attorney, for that community importeth participation with many: how then could there be any such Common-lawes in those days, which no man knew, no man recorded, no man ever thought or dreamt of, as by all circumstances of those times, and men, and state of things, may be presumed? And if any such thing had been devised in those days it must needs have been rejected and impugned as singular, schismatical or heretical; for that it would have been contrary and contradictory to the common sense & judgement, & whole current of that time. And let this suffice for this consideration.   

The eight Demonstration.  

8 The ma●ing tributary to the Sea of Rome the Kingdom ●● England.  67. The eight Demonstration in this matter, may be the extraordinary devotion of our ancient Kings before the Conquest; towards the Sea of Rome, in making their kingdoms tributary thereunto, even in temporal things also: which is a sign that they meant not to deny unto that Sea, her spiritual jurisdiction, which from the beginning, had been exercised by the same in our country, seeing voluntarily likewise they gave her temporal jurisdiction, in gathering and axacting this tribute of every house throughout the Realm; which beginning from K. Inas (as all our Authors do agree) above 900. years gone, hath been continued ever since, under the name of peterpence, for that they were first given to S. Peter, and to his Successors the Bishops of Rome, until the later part of K. Henry the eight his reign, even in the time of the Danes themselves, as presently shallbe showed.  
68 And for brevities sake, it will be least perhaps to allege here the words of one that was skilful in the matter, for that he had been Collector or gatherer of this tribute for diverse years together in England under the said King Henry, to whom also he dedicated his history, to wit Polidor Virgil an Italian, Archdeacon of Wells', 
The beginning of peterpence.  who out of all historiographers had gathered the grounds, and antiquities of this tribute: and in the life of King Inas of the West saxons, having showed and declared first, together with all other ancient writers, how wise, valiant, and pious a King he was, and what singular monuments thereof he had left behind him, as among other the building of the Church of Wells', the Abbey of Glastenbury, & the like; he finally concludeth thus: 
Polidor. Virgil lib. 5. de hist. Angl.  Officia eius Regis pietatis plena infinite a referuntur: & illud imprimis, quod Regnum suum Romano Pontifici vectigale fecerit, singulis argente● nummis (quos denarios vocant) in singulas domus impositis, etc. There are infinite good works of this King related by Historiographers full of piety, and this among the first, that he made his Kingdom tributary to the Bishop of Rome, imposing upon every house a penny. And all England at this present time, doth pay this tribute for piety & religious sake to the Bishop of Rome, gathered from every house of the whole Kingdom, and vulgarly they are called the pence of S. Peter, which the Pope gathereth up by his officer, called collector, which office we for some years did exercise in that Kingdom, and for that cause went first of all thither. Thus Polidor.  
69. john Stow doth set down many particularityes of the rich gifts of gold and silver, 
Stow in Inas 〈◊〉 705.  vestments, & Church-ornaments, which this King Inas gave and bestowed upon the Church of Wells' builded by him: He testifieth also of his gift of peterpence imposed upon his Kingdom, as given about the year of Christ 705. And Polidor hath further these words of him. King Inas being exceeding desirous to amend, and establish the state of his Kingdom, and to instruct his subjects how to live well and happily, did make most holy laws, and left them to be observed. But the wickedness of his posterity, hath by little and little worn out the same. And lastly after all this glory wherein he had reigned thirty seven years, 
K. Inas his laws in favour of the Pope.  he leaving voluntarily his Kingdom w●●● to Rome for devotion and piety's sake, and there saith Stow lived, and ended his life in poor estate. And hear now I would 〈◊〉 whether any of these laws made by King Inas were likely to be against the Pope's spiritual jurisdiction, or in favour thereof; And if the later may with more reason be presumed, then have we more ancient common-lawes, that is to say temporal laws, against M. Attorney, than he can allege any for himself, to the contrary.  
70. But to go forward in showing the continuance, confirmation, and increase of this temporal tribute to the Pope of Rome, the said Polidor writing of King Offa, the most famous and valiant King of the Mercians, and showing how wicked, & cruel he had been first, and how godly he became afterward, hath these words: He built the magnificent Cathedral Church of Hereford, and adorned the same with most ample gifts: he caused to be sought out the body of S. Alban, 
Kings Offa his confirmation of the tribute of Peterpence anno. Dom. 77●.  and placed the same in a monastery of S. benedict's order built by himself; and further he builded the monastery of Bath. And yet more for further satisfaction of his former sins, he passed the Ocean sea, went to Rome, and there made tributary his Kingdom of Mercians, to Adrian the Pope, by imposing that tribute upon every house of his people, which was called peterpence: and this, as some think, by the imitation of King Inas, which had done the same some years before, in the Kingdom of the Westsaxons. And this saith Polidor was done by Offa, upon the year 775. which was according to this account seventy years after the other. And this King Offa was he, who made the famous Dich between his Kingdom & Wales, 
The greatness of K. Offa.  called Offa-hi●-dich, reigned thirty and nine years in all prosperity, and had present with him that subscribed to his Charter, for the founding of the monastery of S. Albans, besides his son, and Prince Egfryde, nine Kings, fifteen Bishops, and ten Dukes, as Stow relateth, out of the Charter itself, dated the thirty and three year of his reign, and of Christ our saviour 793.  
71. And about some fourscore years more or less, after this again King Adelnulph, otherwise called Edelnulph, or Edelph, son and heir to King Egbert, the first great Monarch that gave the name of Anglia, or England to our Country, having adjoined unto his Kingdom of the West saxons five more, to wit, that of the Mercians, Kentish saxons, Eastsaxons, Southsaxons and welshmen; This Adelnulph (I say) coming to reign after his Father, was a rare man of virtue, 
The confirmation of Peter pence by King Adelnulfe anno. Dom. 947.  and left exceeding many monuments of piety behind him, gave the tenth part of his Kingdom to the maintenance of Clergy men: sent his youngest son Alfred to Rome to live there, and to be brought up under Pope Leo the 4. and afterward resolved also to go himself in person. He went (saith Polidor) to Rome upon a vow, and was most benignly received by Pope Leo the fourth, and there he made tributary unto the Pope of Rome, such parts of the Island, as King Egbert his father had adjoined unto the Kingdom of the Westsaxons, imitating herein his predecessor King Inas: and moreover made a special law thereof, that whosoever had thirty-pences rend in possessions by the year, or more houses than one, should pay yearly a penny for every house, which they did inhabit, 
Polidor. 〈◊〉. 5. historia.  & that this should be paid, at the feast of S. Peter and S. Paul: (which cometh upon the 29. of june) or at the furthest at the feast of the Chains of S. Peter, which is the first of August. So Polidor: adding that some do attribute this law unto King Alfred his son, when he came to reign, but not truly, for that it was made by Adelnulph upon the year of Christ 947.  
72. Here now then we have this tribute granted, and confirmed by three several Kings, the first of the Westsaxons, yet in effect Monarch of England. And some have noted, that as the Westsaxons & Mercians were the first that made this offer of tribute upon devotion to S. Peter and his Successors, so were they the Kingdoms, 
A special note.  that were most advanced in their temporal felicity, and successes, and finally were united together under one Monarch. And that of the Westsaxons being the first and last, that gave and confirmed, and continued the same, grew to be the Monarch over all the rest. For as for the continuance, & perpetual payment thereof to the Church of Rome, throughout all times, there can be no doubt made, for that in the yery time of the Danes (as before I noted) King Canutus the Dane (as Ingulphus testifieth, which lived presently after him) was so careful to have this duly paid, 
Ingulfuri● histor. Monasteri● de Cr●yland fol. 50●.  with other duties belonging to the Church, as being in his journey towards Rome he wrote back to his Bishops, and other officers in these words: Nunc igitur obtestor, etc. Now then I do beseech all you my Bishops, other officers, and all governors of the Kingdom, by the faith which you do owe unto God & me, that you will so provide, 
The great care King Ca●ulus the Dane had that Peter pence or other Ecclesiastical duties should be paid an. 1032.  that before my arrival at Rome, all debts be paid, which according to ancient laws are due. That is to say, the accustomed alms for every plough, the tithes of beasts borne every year, the Pence which you owe to S. Peter at Rome, whether they be due out of the cities, or the Country, & that by the midst of August you pay the tithes of your corn; & that at the feast of S. Martin, you pay the first fruits of your seed to the Church and parish, in which every man liveth, which payment is called K●ke-seet. And if these things be not performed by you before I return, assure yourselves, that my Kingly authority shall punish each man, according to the laws most severely, without pardoning any. Fare you well: Upon the year of Christ 1032. So he. And mark (good Reader) that he saith he will punish according to the laws, 
Ancient laws against M. Attorney.  yea, and in his former words that there are ancient laws for these Duties to Rome, which M. Attorney cannot bring for his assertion against the Pope, so as in ancient common laws we are now before him. But let us go forward, & end this Demonstration.  
73. About thirty years after this again, King Edward the Confessor wrote to Pope Nicolas the second in these words: 
Alredus in vita S. Eduard●.  Ego qu● que pro modulo meo augeo etc. confirmo etc. I also for some small gift of mine do increase, and confirm the donations of paying such money, as S. Peter hath in England, and do send unto you at this time, the said money collected, together with some Princely gifts of our own, 
S. Edward's confirmation of Peter pence and other duties an. 1062.  to the end that you may pray for me, and for the peace of my Kingdom, and that you do institute some continual and solemn memory before the bodies of the Blessed Apostles, for all the Englishnation, etc. So good S. Edward.  
74. And when not long after him King William of Normandy obtained the crown he forgot not this law, among the rest, as afterward when we come to talk of him, and his reign in particular, we shall more at large declare. 
R●●●rius Hoviden par. 2. Annal in vita Henries 2.  For his tenth law in order hath this title: De denario Sancti Petri qui Anglicè dicitur Rome-scot● of the Penny of S. Peter, called Romescot in the English tongue. And then he beginneth his law thus: Omnis qui habuerit triginta dena●● vinae pecuniae in domo sua de proprio suo, Anglorum lege dabit denarium, Sancti Petri, & lege Danorum dimidiam marcam etc. 
Peter pence confirmed by the Conqueror anno 1070.  Every man that shall h●u● the worth of thirty-pences of lively money of his own in his house, shall by the law of Englishmen, pay the penny of S. 〈◊〉 and by the law of the Danes shall pay half a mark. And this penny of S. Peter shall be summoned, (or called for) upon the solemnity and feast of S. Peter and Paul, and gathered upon the feast of the Chains os S. Peter, so as it shall not be detained beyond that day, etc. thus the Conqueror in confirmation of that which other English Kings had done before him, appointing also in the same place, that his justice 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 thereof, not only before the Conquest (as now you have heard) but afterwards also by all the Norman Kings, & their Successors, unto King Henry the 8. as out of Polidor we have seen. 
Peter pence continued after the Conquest until K. Henry the eight. Anno Domini 1532.  And the same King Henry himself duly paid the same in like manner, for more than twenty years together, until he broke from the Pope and Sea of Rome, upon the causes which all men know. Whereupon this our Demonstration inferreth, that all this while it is not likely (they paying so willingly, and devourly this temporal tribute unto the Popes of Rome) that they denied his spiritual jurisdiction, or held him in that jealousy of competency, for usurping thereby upon their Crowns, as now we do. And lastly, that the supreme spiritual authority of Queen Elizabeth without any Act of Parliament, was warrantable by these King's laws, which is the main paradoxical conclusion of M. Attorneys whole discourse, against which we have yet a Demonstration or two more: & so an end.   

The ninth Demonstration.  
76. The ninth Demonstration then about this matter, 
9 The going of diverse Kings and Princes to Rome, for devotion to that Sea.  shall be the consideration of our English Kings their singular, and extraordinary devotion before the Conquest to the Sea of Rome; which was such as divers of them left their Crowns, and Kingdoms (after many years that they had reigned, and ruled most gloriously at home) and went to live, and die in that city: some in religions habit and profession of Monastical life, as Kenredus, King of the Mercians, and Offa King of the East angles; some in secular weed, but of most religious, devout, and exemplar conversation: as Inas and Ceadwalla Kings of the Westsaxons; some others went thither of devotion with intention to return again, as the other great Offa King of the Mercians, Adelnulph alfred, and Canutus monarchs of all England: and lastly good King Edward the Confessor had determined, & vowed a journey thither in pilgrimage, but that his Kingdom greatly repyninge thereat, in respect of the dangerous times, two Popes ●● and Nicolas, decreed that he should not come (as 
* Supra Demon. 3.  before we have touched) but rather bestow the charges of that voyage upon some other good work, namely the increase of the Monastery of Westminster.  
77. And here I might enlarge myself much, in the declaration of these particulars which we have named, and of many others, that we have omitted in this kind (I mean of English Kings) that leaving their temporal Crowns, have submitted themselves to the sweet yoke of Christ in religious life. john Fox in his Acts and Monuments doth recount nine crowned Kings, 
Acts and Monuments pag. 121  that became Monks within the first two hundred years after England's conversion to Christian faith (though all of them went not to Rome) and some eighteen or twenty Queens, or daughters to Kings or Queens, that took the same course, contemning whatsoever pleasures or preferments the world could give them. But of such Kings as went to Rome, 
Beda lib. 4 histo. Augiscana cap. 29.  and made themselves religious there, the foresaid Kenredus of the Mercians, and Offa of the Eastangles were the most famous, who agreeing together upon the year 708. (as florentin's after S. Bede doth recount the history) lest both their Kingdoms, wives, children, honours, goods, and the like together. Relictis uxoribus, agris, cognatis, & patria propter Christum, etc. ad limina Apostolorum, in precibus, ieiunijs, elecmosynis, usque ad diem ultimum permanserunt. They leaving their wives, their possessions, their kindred, their country for Christ, went to Rome, and there near unto the Apostles bodies, they persevered in praying, fasting, and giving alms unto the end of their lives.  
78. But S. Bede setteth forth this famous fact in other words, describing also the persons of these two noble Kings. Kenredus, (saith he) who for a time had most nobly governed the Kingdom of the Mercians, did much more nobly leave the same, giving over his sceptre willingly to his nephew Celred, and went to Rome where he lived in prayer, 
The admirable ●oing of 〈◊〉 kings to Rome.  fasting, and alms, until the last day of his life; And with him went Offa the son of Sigard King of the Eastsaxons: juvenis amantissima aetatis, & venustatis, etc. a young man of a most lovely age and beauty, and most singularly desired by all his nation, that he would stay amongst them, & enjoy his Kigdome; but he being led with the devotion of his mind, left his wife, his possessions, his kindred, and country for Christ and his gospel, that he might receive a hundred fold in this life, and in the world to come life everlasting. Thus S. Bede, who was of a far different mind from M. Attorney as you see.  
79. And Florentius addeth further to this history, that with these two Kings went to Rome as ghostly father, and spiritual director of their journey, the famous holy man S. Egwyn before mentioned, 
S. Egwyn Bishop of Worcester.  third Bishop of Worcester, and founder of the Monastery of Euesham, for which he obtained privileges and exemptions of Pope Constantine then Bishops of Rome, 
Supra D●mon. 4.  and carried them home with him, as before hath been declared. And Platina in the life of the same Constantine, maketh mention also of the coming to Rome of these two Kings, 
Platina ●● Constantino PP.  and what a rare spoctacle of virtue and devotion it was to the whole Christian world, to see two such excellent Princes in their youth and beginnings of their reigns, to take such a rare resolution of leaving the world and following Christ in the straight and narrow path of perfection.  
80. As it was in like manner some twenty years after, according to the foresaid Florentius to see the great and potent King Inas of the Westsaxons, to come thither with like resolution of mind, who having been a famous warrior, for the space of seven and thirty years, 
Floren. in Chron. anno 723.  in the end leaving his Empire (saith Florentius) and commending the same to noble Athelard that was of the line of Cerdicus first King of Westsaxons, he resolved to go to the Churches of the Apostles in Rome, under Gregory the Pope, and there to end his life and this worldly peregrination on earth, near to their bodies, to the end that he might the more familiarly in heaven be received into their companies. So he.  
81. But Malmesbury expresseth the same in more pregnant & effectual words after his sort: Post triumphales bellorum manubias, post multarum virtutum gradus, summum culmen perf●ctionis meditans, Romam abijt. 
Malmesh. lib. 1. de gestis Regum Anglorum.  Ibi ne pompam suae conversionis faceret, non publicis vultibus expositus crimen, sed deposuit ut solius Domini oculis placeret, amictu plebeio tectus, clàm consenuit. After triumphant victories, and spoils of war, after the degrees of many virtues obtained, King Inas proposing to himself the highest top of perfection, went to Rome, and there lest his conversion might be glorious unto him, he did his penance or laid down his sins, not in the p●●blike eyes of the world, but rather desiring to please only the eyes of almighty God, he put himself into a vulgar habit, and ●● that he ended his life. So Malmesbury.  

Beda lib. 5. hist. Angl. cap. 7.  82. All which in effect was set down before by S. Bede who calleth this Inas by the name of Hun that succeeded King Ceadwalla in the Kingdom of Westsaxons, 
K. Inas his going to Rome.  who after thirty seven years reign. Relicto regno ad limina Beatorum Apostolorum, Gregorio Pontificatum tenente, profectus est, cupiens in vicinia locorum sanctorum, etc. He leaving his Kingdom went to Rome, under the Popedom of Gregory, desiring to live and die upon earth near to the Apostles Churches, to the end he might enjoy the better afterward their familiarity in heaven.  
83. And a little before this man again, his said predecessor Ceadw●lla took the like journey to Rome, for devotion of the place being yet unbaptized, as S. Bede writeth the story in these words: 
The history of Ceadwalla his going to Rome & dying there.  Ceadwalla King of the West saxons when he had governed his people with great fortitude for two years, leaving his sceptre for Christ, and his everlasting Kingdom, went to Rome, desiring to obtain this singular glory to be baptised in the Church of the blessed Apostles, in which baptism he had learned, that the only entrance to heaven for mankind did consist, hoping most certainly, that being once baptised, he should soon after die, and be received into everlasting glory: both which points by the help of our Lord were performed unto him, as in his mind he had conceived, and so coming thither (upon the year of Christ 689.) Sergius being Pope he was baptised on Easter eve, and soon after being yet in his white attire (according to the custom of holy Church) he died upon the 19 of April immediattly ensuing, and was buried in S. Peter's Church, whose name in baptism he had taken, and from thence his soul passed to the joys of heaven. Thus S. Bede; and touching this recourse & pilgrimage to Rome he addeth in the same place: 
Beda ibid.  Quod his temporib●s hoc idem plures de gente Anglorum nobiles, ignobilesque, laici & clerici, viri & faeminae certatim facere consueverunt: 
The fervor of English men towards Rome in these days.  that in these times many of the English nation, both noble & vulgar, lay men & Ecclesiastical, men and women were accustomed to do the same with great fervour.  
84. Wherefore out of all these considerations and the like, it seemeth we may deduce, that for so much as our English Kings, and people in those days were so singularly devoted unto the Sea of Rome, and Bishops thereof, as they gave themselves, their goods, their honours, their whole life thereunto; 
An evident deduction out of the premises.  it is not likely that they had that conceit of Rome then, as we have now; or that they lived in jealousy, or competency of Ecclesiastical jurisdiction with the same, or thought themselves injured by the spiritual power, which the said Sea did use, and practise over England, and other Kingdoms of the world in those times. And much less can it be presumed, that they challenged to themselves, or made laws in those days in favour of their own Ecclesiastical jurisdiction, in restraint of that of the Popes: and consequently M. Attorney I trow, will hardly prove by the most ancient laws of those times, that Q. Elizabeth could justify the supreme Ecclesiastical authority, which she exercised in her days; if the statute of the first Parliament had not given the same unto her, which had as good authority to give it her, as she to use the same, according to that which you have seen declared in the former Chapters, whereunto we refer ourselves for the proofs laid down.   

The tenth Demonstration.  
85. And now to draw to an end, and to join issue with M. Attorney in more plain words and assertion, 
10 The assertion and asseveration of diverse Kings for pre-eminence of spiritual power.  my tenth and last demonstration shall be out of two of the most noble, wise, and famous Kings of our land and monarchs of the same, before the Conquest, Alfred to wit, and Edgar, who do expressly set down the contrary proposition to that of M. Attorney, about spiritual jurisdiction belonging to Kings, and temporal Princes, so as where the former demonstrations, are but deductions and inferrences, though clear and evident as you have seen; this last is a plain, and perspicuous asseveration of two such renowned Kings, as were most eminent for wisdom, learning, religion, and valour of all the rank of those times. 
Apud Harpesf●ld●● in histor. Angl. Sacul. 9 cap. 5. ex Asserte Menem.  Of King Alfred is recorded this speech of his: Germanam & genuinam esse Regis dignitatem dictitare solebat, si in Regne Christi, quae est Ecclesia, se non Regem sed civem 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 Kingdom of Christ which is his Church, he bore himself not as a King, but as a citizen, and that he should not arrogantly lift up himself abou● the laws of Priests, but rather with a lowly and humble mind, subject himself to the laws of Christ promulgated by Priests. So he.  

Florentino & Marianus in anno. 9●5.  86. But now touching King Edgar about a hundred years after him, of whom Florentius, Marianus, and others do write these words: That he was the Monarch of the English world, the flower & ornament of all his predecessors, the peaceable King, no less memorable to Englishmen; then Romulus to the Romans, Tyrus to the Persians, Alexander to the Macedonians, Arsaces to the Parthians, and Charles the great unto the French. Of this man, I say, we have extant a certain oration of his, made in the third year of his reign, unto the Bishops of his land, gathered together for reformation of the Clergy, 
Apud Alridum Retuallo s●r● de Regibus Angli●.  whereof S. Dunstane Archbishop of Canterbury was the chief, and with him was S. Ethelw●ld B. of Wincester. His oration is somewhat long, and beginneth thus: Quoniam magnificavit Dominus misericordiam suam facere nobiscum: dignum est Patres Reverendissimi, ut innumeris illius beneficijs, dignis respond amus operibus. Neque enim in gladio nostro etc.  

An excellent speech of K. Edgar to his Bishops, concerning reformation of the Clergy.  87. For so much as our Lord hath exalted his mercy towards us, it is convenient most Reverend Fathers, that we endeavour to answer his innumerable benefits, with due works on our behalf; for that as the prophet saith, we do not possess this land by our own sword, nor shall the strength of our arm save us, but the right hand, and holy arm of him, that hath vouchsafed to take us to his favour: And therefore it is just and right, that for so much, as he hath subjecteth all under our feet, that we subject our souls unto him, in such sort, as that we endeavour to bring them that he hath put under us, to be subject also unto his laws: and as for me, my part is to govern lay men by the law of equity, to do just judgement between every man and his neighbour, to punish sacrilegious men, to repress rebels, to take the poor man out of the hand of his stronger, and deliver the needy and impotent from such as oppress and spoil them. It belongeth also to my solicitude, to provide necessaries for Ministers of God's Churches, covents of Monks, cloisters of virgins, & to procure them peace and quietness to serve God● But unto you it appertaineth, to make inquiry examination of their manners, if they live continently, if they behave themselves decently, and with edification towards them that be in the world, if they be solicitous in serving 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 days, crept into divers of the Clergy, the good zealous King hath these words: These scandalous things are proclaimed every where by soldiers, muttered by the people, sung by players, and will you (reverend Fathers) neglect, dissemble, & spare them that so offend? where is the sword of Levi? where the zeal of Simeon? where is the spirit of Moses? where the sword of Phinees the Priest? Yea, where is the spirit, and fervour of S. Peter whereby he so dreadfully punished both avarice and heresy? follow him, follow him o you Priests: tempus faciendi contra eos qui dissipaverunt legem Dei: it is high time to punish those, that have dissipated the law of God by their evil life: 
Two sword of S. Peter and Constantine acknowledged by K. Edgar.  Ego Constantini, vos Petri gladium habetis in membus, iungamus dexteras, gladium gladio copulemus. I have the sword of Constantine, you the sword of S. Peter in your hands, let us join our forces, and couple sword to sword: ut eijciantur extra castra leprosi, that leprous and infectious people be cast out of the tents of God, etc. Thus this noble & pious K. pronounced in the presence of his Prelates and people, with much more, which for brevity I do omit.  
89. And now M. Attorney will see here what account these two ancient Kings made of these two powers and sword, spiritual and temporal, and of their distinction and subordination the one to the other. And it seemeth that this speech of King Edgar, was so memorable and famous to all his posterity, that William Conqueror also did imitate the very same, 
Rogeri●● Hoveden part 2. Annal. in vita Henries secundi.  when in certain laws of his, ordaining, that such lay men as were disobedient to the Bishop's sentence, should be punished by his temporal officers; he useth this phrase of Edgar saying: Rex constringit malefactorem, ut emendet primùm Episcopo, deinde Regi; & sic erunt ibi duo gladij, & gladius gladium i●uabit. The King shall compel the malefactor to make amends first to the Bishop, 
William Conquerors judgement of this matter.  and then to the King, and so shall there be two sword, and the one sword shall assist the other. Where we see that he did subordinate his own sword to that of the Bishops, and Ecclesiastical power of the Church. And the self same manner of speech and form of belief, as common to the whole world, did Queen Eleanor wife to King 〈◊〉 the second, 
Q. Eleanor anno. 1194.  use in her epistle to Celest●nus the Pope, when she ●● treated him to excommunicate the Emperor and Duke of ●●stria, for detaining her son K. Richard the first prisoner; which letter was written by Petrus Blesensis, 
Blesensis epist. 146.  and hath these words; Chrisicrux antecellit Caesaris aquilas, gladius Petri gladio Constantini, & Apostolius sedes praeiudicat Imperatoriae potestati. The cross of Christ excelleth the spread-eagles in Caesar's banners, the sword of Peter is of more eminent power then the sword of Constantine; and the Sea Apostolic is more potent than any Imperial authority. And this was the opinion, sense, and judgement of these Princes and times, wherein they made this difference & degree of these two sword, without any such prejudice of taking away half their Monarchies from themselves, or other Princes thereby, as M. Attorney and other such Prince-flatterers do pretend.   

The Conclusion upon the former Demonstrations.  
90. Now therefore (gentle Reader) by these ten demonstrations thou hast seen, what was the opinion, judgement, and practise of all our ancient English Kings before the Conquest about this point of temporal and spiritual power and authority, and hear I think thou wilt not deny, but that my manner of proof is, and hath been according to the rule of the Fathers touched before in the answer to the preface, to wit, KATH'HOLON or secundum totum, bringing forth the whole body of this time; & that M. Attorneys proof, if it had been a proof, that is to say, if he had proved that which he propounded, is secundum partem according to a part, he only alleging two sole petite instances, out of all the rank of above an hundred Kings, for the space almost of five hundred years; and these two also so weak and impertinent, as no way they can subsist in the sense wherein he allegeth them. And herwithall in like manner, thou mayst please to call to remembrance the ancient observation of old Tertullian, above fourteen hundred years gone: 
Tertull lib. de pudiciti● cap. 17.  Solemn est heretic, etc. It is a solemn trick of heretics, by the occasion of some one doubtful 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 heretic of his time, that would take a part and leave out a part, 
Cyprian de Vn●ala Ecclesia.  and prefer some piece or parch before the whole. And whether M. Attorney do not follow the same spirit here, in peeping forth with two little miserable mistaken instances, out of so great an army of plain testimonies to the contrary, you have already seen, and out of your wisdom will easily judge. The like or worse dealing will you find afterward, when we shall have passed the Conquest, whereunto now we hasten, and for the event I remit myself to the experience.    

OF THE KINGS AFTER THE CONQUEST UNTO OUR times: And first of the Conqueror himself, whether he took spiritual jurisdiction upon him, or no, by virtue of his Crown, and temporal authority. CHAP. VII.  
HAVING perused what passed among our Kings before the Conquest, (to which peruse & view we were led by M. Attorneys induction of two instances of those days, as you have seen) we are now to follow him also beneath the said Conquest, for trial of our controversy, where albeit, as before I have noted, the further we go from the origen of our English conversion, and heat of that primitive spirit of devotion, that God gave our Kings in those first ages of their said conversion to Christian religion, the more coldness we shall find in some cases, and more worldly and secular spirit in divers of our Norman and French Princes, than wa●● the English before them: 
The Conqueror began his reign 1066. and reigned 21. years unto the year 1087.  yet for the substance of this point of controversy between M. Attorney and me, about the acknowledgement of the Pope's authority Ecclesiastical, we shall find them in effect no less resolute, than the other, if you respect the substance of the thing itself, though in tenderness of piety and devotion, their different lives and courses (as after you shall see) be witnesses unto us of no small difference.  
2. And this is seen in none more than in K. William the first himself, the head & stock of all the rest, who though in life & action, as a warrior and Conqueror, were rough, fierce, & boisterous, 
K. William boisterous, but truly Catholic.  especially in the former years of his reign over England, wherein upon jealousy of his unsettled state he did many things de facto which were not so justifiable de jure; for which Authors do note, that he was greatly punished by God, both in himself & in his children and children's children: 
Florent. 10●6. S●ow. an. 20●7. in vita Guliel. Conquestoris  yet in this point of true & substantial obedience to the Church, when he was void of passion, and out of occasion of any constraining necessity, he always showed himself dutiful, respective, & humble towards the said Church: according to his Oath taken at his Coronation before the Altar of S. Peter at Westminster, se velle Sanctas Dei Ecclesias, ac rectores defendere (saith Florentius) that he would defend the holy Churches of God, and the governors thereof, which to have performed he professed also at his death with tears, as john Stow & more ancient writers than he, do bear him witness; & some are of opinion, that the long continuance of his line in the Crown of England, considering how he entered, & how some of them have governed after him, may principally be ascribed unto this, that he would not take in hand the enterprise of England, but that first it should be consulted, and approved by the Sea Apostolic at at Rome, as presently you shall hear that it was, and for that himself so firmly relied upon the same afterward, in all his greatest occasions, and recommended the same, especially to his sons on his deathbed, when he was free from these interests, which oftentimes before drew and wrested him to divers actions, which in that last hour he approved not, but condemned and much bewailed.  
3. And of this later point many examples might be alleged, both of much bloodshed in England, of spoiling and destroying the country, of casting down many towns and Churches for enlarging his hunting, of vexing and oppressing the Englishnation, of rifling and spoiling monasteries and Churches, 
Boisterous actions of K. William.  where the English had hidden some of their wealth to maintain themselves withal, his detaining in prison all days of his life the Archbishop Stigand, and divers other Bishops and Abbots, deposed in the Council at Winchester by Pope Alexander his legates, in the fourth year of his reign, and of his brother Otho Bishop of Baion held in prison by him; albeit this, concerning Ecclesiastical persons, he professed to do by licence and commission of the Sea Apostolic: yet in truth the chief cause was his own vehement passion, and jealousy of his temporal estate; For I find a letter of Pope Gregory the seventh, that succeeded Alexander the second, written unto him upon the year of Christ 1084. which was the 18. of K. William's reign, wherein the said Pope, though praising his religious zeal in other things (which he would never have done, if he had been opposite to his authority, and jurisdiction) yet doth he reprehend greatly this violent severity, towards Ecclesiastical persons. 
Ex Registro. apud Bar. in Annal. anno. 1084.  One thing (saith he) among so many excellent monuments of your royal virtues, doth greatly mislike and afflict me, and contristate my loving heart towards you, that in the taking, and detaining prisoner your brother Otho Bishop of Baion, you had not that care which was convenient of your Princely reputation, but did prefer the secular caution of your temporal state, before the law of God, in not bearing more reverence unto Priestly dignity. So he.  
4. And this very same violent nature of K. William, who had been a soldier, and borne arms, and brought up in continual bloodshed, from eight years old (as himself testifieth) was that, which pious and learned Lanfranke (nominated & chosen Archbishop of Canterbury, after the deposition of the foresaid Stygand) did so much fear and mislike at his first coming into England; as may appear by an epistle of his to Pope Alexander the second, 
Ex epist. Lanfran. apud Baro● An. 1070.  that had commanded him (sore against his will) to leave his monastery in Normandy, and to take that Archbishopric upon him: but now being come into England, and seeing how matters did pass there, he was utterly dismayed, and besought the Pope, by all means possible, and by all the most effectual ways of persuasion he could devise, that he might be rid of it again. Your legate (said he) having gathered a Synod here in Normandy, commanded me, by the authority of the Apostolic Sea, to take the government of the Church of Canterbury upon me, neither could any resistance of my part, by laying forth the weakness ●f my body, the unworthiness of my person, the lack of skill in the English tongue, the barbarousness of the people, nor any other such excuse take place with them, wherefore at length I gave my consent. I am come hither into England, 
The pitiful state of England for manners under the Conqueror.  and have taken the charge upon me, wherein I find so great trouble, and affliction of mind, such rediousnes of my soul, such want of courage in myself, such perturbations, such tribulations, such afflictions, such obdurations, such ambition, such beastliness in others; and do every day, hear, see, and feel such misery of the Church, as it loatheth me to live, and am sorry that I have lived unto this day. For as the evils are great for the present, so do I expect far greater for the time to come, etc. Wherefore I do most humble beseech your Highness, even for God's sake, 
The desire of Lan●rank to ●●e ●id of ●his charge.  and for your own soul, that have bound me to this charge, that you will absolve me again, & let me return to my monastical life, which above all things in this world, I love and desire, and let not me have denial in this one petition, which hath both piety, justice, and necessity in it, etc.  
5. So wrote the Archbishop Lanfrank. And that the most of this was meant in respect of difficulties with K. William himself, it may be gathered by that in the same letter, he desireth the Pope to pray for the said King William, and among other points, Vt cor eius ad amorem suum, & Sanctae Ecclesia spirituali semper devotione compungat. 
Lanfrankes fear of the Conquerors ●●ough ●ature.  That God almighty will stir his heart to love him, and his holy Church, and bring it to compunction by spiritual devotion. For this was the thing that King William had most need of, to wit spiritual compunction, with a tender conscience, whose affections were more out of order commonly, than his judgement: which himself confessed with great lamentation at his death, as you may read in Stow, and other Authors. 
〈◊〉 an. 1087.  For he (I mean the King) having related his hard proceedings in England he said; that he was pricked, and bitten inwardly with remorse and fear, considering that in all these actions (saith he) cruel rashness hath raged. And therefore I humbly beseech you (o Priests and ministers of Christ) to commend me to the almighty God, that he will pardon my sins, wherewith I am greatly pressed, etc. 
●he Conquerors ●●ni●ent ●●each at ●●s death.  And whereas a little before, he had raged in his wars against the Town of Meaux in France, and had burned divers Churches therein, and caused two holy men Anchorites to be burned in their Cells, wherein they were included; (which might seem to be an act of no very good Catholic man, & God struck him for it presently) yet was not this of judgement, 
Satisfaction.  but of rage (to use his own word) and he sorely repented the same soon after, and sent a great sum of money (saith Stow) to the Clergy of Meaux, 
Stow ibid.  that thereby the Churches, which he had burned might be repaired.  
6. And the same might be showed, by a like passionate accicident, that fell out on the 13. year of his reign, and of Christ 1079. when having upon jealousy of his estate, forbidden that any of his Bishops should go over the sea to Rome; Pope Gregory the 7. wrote a sharp reprehension thereof, to be denounced unto him, by Hubert his legate then residing in England, saying that it was, Irreverentis & impudentis animi praesumptio etc. 
Greg. septimus lib. 7. epist. 1.  the presumption of an irreverent and immodest mind, to prohibit his Bishops to make recourse to the Sea Apostolic. 
A sharp reprehension of Pope Gregory the 7. to the Conqueror. Ibidem. epist. 2●.  Which reprehension made him so enter into himself, as he sent two Ambassadors to Rome, in Company of the said Hubert when he returned to excuse the matter, and showed himself afterward a most obedient, and faithful child to the said Church, even in that troublesome and tempestuous time, when Henry the Emperor with all forces impugned the same, as appeareth by the letters, yet extant of the same Pope Gregory unto him.  
7. Wherefore having premissed this for K. William, and all his Successors, of the Norman, French & English race, in number above twenty, for the space well near of 500 years, until K. Henry the 8. that whatsoever some particular actions of theirs upon interest, anger, fear, prevention of imagined dangers, competency, or some other such like motive, may seem to make doubtful sometimes, and in some occasions, their judgement or affection to the supreme Ecclesiastical power and jurisdiction of the Sea Apostolic of Rome: yet were they indeed never of any contrary opinion, faith, or judgement; but held the very same in this point, which all their ancestors, the English Kings before the Conquest did, and all Christian Princes of the world beside in their days. And for K. William Conqueror in particular, the several reasons that do ensue may easily convince the same.  

Reasons that show William Conqueror to have acknowledged ever the Authority of the Sea Apostolic. §. I.  
8. First, that before he would take in hand or resolve any thing upon the enterprise of England, as already we have noted● he sent his whole cause to be considered of, examined, and judged by Pope Alexander the second, showing him the pretence he had by his affinity to K. Edward the Confessor deceased: as also the said King's election and nomination of him by testament; the unworthiness of Harold the invader; the occasion of just war, which he had given him by breaking his faith, and refu●ing his daughter in marriage; the secret affection that most of the English nobility did bear unto him, with general hatred to his adversary; 
The arguments of K. William against Harold.  the peril of the Country by continual wars with the Danes and Scots; the hurt of the Church by Harold's irreligious government, but especially his contempt of the said Church & Sea Apostolic, in that he had taken the Crown upon him, saith Matthew Westminster, 
Matth. Westmo●ast. anno. 1065.  without the ordinary rites and solemnity thereunto appointed, and consent of the Prelates of the land. And finally saith Malmesbury. 
Malmesb. lib. 3. in vita Guhelme Conquest.  justitiam suscepti bell●, quantis poterat facundiae verbis, allegabat. He did allege the equity of his cause (unto Pope Alexander) by all the force of eloquence that he could. Which Harold on the other side did omit (saith he) to do, either that he was proud by nature, or disinherited his own cause; or for that he feared that his messengers might fall into William his hands, who had beset all the ports. Whereupon Alexander the Pope, having weighed his reasons, sent unto him a banner for the war, in token of his consent, and Stow addeth these words. 
Stow in the life of Harold.  Duke William after he had got the victory sent his standard to the Pope, which was made after the shape and fashion of a man fight, wrought by sumptuous art with gold and precious stones. And further the said Stow, out of Malmesbury and Matthew Westminster doth add, that Duke William being arrived in England, and offering conditions of composition to Harold before the battle, one was, that he was content to stand to the judgement of the Sea Apostolic in that controversy. All which, is likely he would never have done, 
K. William offered to stand to the Pope's judgement for his Crown.  if he had esteemed so little of the said Sea Apostolic and authority thereof, as M. Attorney doth; but rather would have remitted the justice of his cause to be examined & sentenced by the Emperor, or by some other temporal tribunal. But he remitted it to the Sea Apostolic, & it fell out well for him, as you know.  
9 Secondly whereas K. William from his very first entrance had a desire to remove Stigand from the Archbishopric of Canterbury, partly perhaps for his demerits, and partly to have a sure man in his place, that was not English, he dissembled the matter for three or four years, and this, as some think, in regard that the same Stigand had been a persuader to K. Edward the Confessor, to name Duke William for his Successor, for so the said Duke confesseth in his message sent to Harold before the battle, as Stow relateth. But now upon the year 1070. understanding that Pope Alexander had cited to Rome certain Archbishops of Germany, to wit that of Ments and Bamberge, 
Lan●b●●t. in Chron. anno 1076. Deposing of Stigand and other Bishops by authority of the Pope.  to answer to certain accusations laid against them of Simony, he thought good to take this occasion, to demand also of the said Pope, judgement against the foresaid Stigand and his brother Agelmare Bishop of the Eastangles, and certain Abbots suspected of like crimes. Whereupon Pope Alexander sent three Cardinals into England for legates, one of them a Bishop, and the other two Priests, who gathering together a Synod at Winchester, the forenamed persons were deposed by sentence of the said legates, whereof two returned to Rome, and one remained there: as both Malmesbury and other historiographers do write. 
Malmesb. in vita Guliel. 1.  Out of which case we do infer, that if K. William had thought his own authority sufficient to have deprived the foresaid Bishops, he would never have sued to Rome for the matter, nor have been at the trouble and charge, to call from thence three Legates.  
10. As soon as Stigand was deposed, Lanfranke a most famous and learned Abbot of Normandy, was called for by K. William, and commanded in the Pope's name by the Legates, to accept the same (as before you have heard) who obeying thereunto made afterward his recourse confidently to Rome, 
In epist. Lanfranci apud Baronium in an. 1070.  in all matters of importance that fell out, as namely in this very first year, he wrote a letter to Pope Alexander about a case concerning the Bishop of Lichfield in these words; universae Christi Ecclesiae summo Rectori Alexandro, indignus Anglorum Archiepiscopus Lanfrancus, etc. Unto Alexander the highest governor of the universal Church of Christ, unworthy Lanfranke Archbishop of English men, 
Lanfranke proposeth his doubts to the Pope.  etc. And proposing sundry business & difficulties unto him, he saith among the rest; that in the forenamed Synod of Winchester, the Bishop of Lichfield being cited thither, to answer to certain crimes of incontinent life, laid and proved against him, and he refusing to appear, was excommunicated and deposed by the said legates, & licence given to the King, to nominate another for that place. But afterward at the feast of Easter, he coming to the Court in time of Parliament, resigned up his Bishopric unto the King that was sitting together with his Bishops and lay nobility. In which case, Ego tum nows Anglus (saith he) rerumque Anglicarum, etc. I being but a new English man, and unskilful in English affairs, but what I learn of others, do not presume, either to consecrate another Bishop in his place, nor yet to give licence to other Bishops to consecrate any, quoadusque praeceptio vestra veniat, quae in tant● negotio quid oporte atfieri informare nos debeat; until your commandment come, which in so great a business must inform us what we ought to do. So Lanfranke: who referreth these matters, as you see to the Pope, and not to the King (though he were the King's favourite) nor did he fear to injure, or offend the King thereby.  
11. And soon after this again, to wit, the very next year following, which was the year of our Lord 1071. and 5. of K. William's reign, the said Lanfrancke, elected Bishop of Canterbury, & Thomas a Norman, chosen Bishop of York, went both of them to Rome in person, to receive their palls and confirmation, at the hands of Pope Alexander by K. William's consent; 
The palls of England accustomed to be taken at Rome.  albeit it was a very troublesome year in England, for that all the North-parte of England rebelled, to wit Edwin Earl of Mercia, Morcar Earl of Northumberland, Eglewyne Bishop of Durham, the famous Captain Sewardbran, & many others; with whom joined the Scots & Danes against the Normans: and K. William had need of the presence of two such trusty chief men & principal Prelates, for staying the people at home. And therefore Ambassadors were sent to obtain, that their said palls might be sent to them into England. But it could not be obtained, for that Pope Alexander answered that it was an old custom, that Archbishops of England should come, & receive their palls at Rome. And this answer was written to Lanfrancke in the Pope's name by Hildebrand Archdeacon of that Sea, 
Sea Baron. in annal. T●m. 11. an. 1070.  who succeeded Alexander in the Popedom, and was called Gregory the 7. By all which is evident what authority Ecclesiastical K. William did acknowledge to be in the Pope of Rome, and how little he ascribed to himself in that kind.  
12. Furthermore, the same Archbishops returning the year following to England again, the said Pope Alexander wrote to K. William by them. Alexander Episcopus, servus servorum Dei: Charissimo filio Gulielnio glorioso Regi Anglorum, etc. Wherein after he had told him. Inter mundi Principes & Rectores, egregiam vestrae religionis fan●am intelligimus: that among all the Princes & governors of the world, we have heard the singular fame of your religion; exhorting him to go forward in the same, for that perseverance only to the end, is the thing which bringeth the Crown of everlasting reward: he toucheth also divers points of defending Ecclesiastical persons and liberties of the Church, of relieving oppressed people under his dominion, telling him, that God will exact a severe account thereof at his hands, 
Malmesb. l. 3. hist. in vi●. Gui●l.  which (no doubt) was meant principally of the oppressed English nation by him, whereof Lanfranke secretly had informed the said Pope. 
Baron ●●. 1071.  After all this (I say) he telleth him of certain business, that he had committed to Lanfranke to be handled in England, in a Synod to be gathered there; as namely about the pre-eminence of the two Archbishoprics, Canterbury and York. And also to hear again, and define the cause of the Bishop of Chichester, deposed before by his legates. And finally he concludeth that he should believe Lanfranke; Vt nostrae dilectionis affectum plenius cognoscatis, & reliqua nostrae legationis verba attentius audiatis: that by him, you may more fully understand the affection of our love towards you, as also hear more attentively the rest of our legation committed unto him, etc. Where he speaketh to the King, as you see, like a Superior. And john Stow reciting the history of the said Synod, 
Stow 〈◊〉. 1071.  gathered about these matters in England the year following at Windesor, hath these words, taken out of ancient historiographers. This year by the commandment of Pope Alexander, 
A Council gathered by the Pope's commandment.  and consent of King William the Conqueror, in the presence of the said King his Bishops, Prelates, and Nobility, the primacy which Lanfranke Archbishop of Canterbury, claimed over the Church and Archbishop of York was examined and try●d out, etc. here then was no repining of King William at the Pope's authority in those days, but all conformity rather with the same.  
13. I might allege many other examples to this effect, as that which Stow writeth in the 17. year of the reign of K. William and year of Christ 1083. 
Stow an 1083.  that William Bishop of Durham, by leave of the King and nobles of the Realm, went to Rome, 
Charters from Rome confirmed by the King.  and obtained of Pope Gregory the 7. to bring the Monks from Tarrow and Yarmouth into the Cathedral Church of Durham; where he gave to them, lands, Churches, ornaments, etc. all which (saith he) K. William the Conqueror confirmed by his charter, in confirmation, no doubt, of the Pope's Charter, which to procure he went to Rome, and he had licence thereunto from the King and nobles, that were sounders of that Church: which licence, they would never have granted if they had thought, that the matter had appertained only to the King at home in his own country, and not to the Pope.  
14. And in the very same year K. William (as before we have touched) being entered into great jealousy of the ambition, and aspiring mind of his half-brother Otho Bishop of Baion & Earl of Kent lest with his Council and riches, he might assist his son Ro●●rt and others, that did rise in Normandy against him; or as some think, desirous to seize upon his great riches and wealth which he gathered together; he suddenly returned from Normandy to the I'll of Wight, where he understood the said Otho to be in great pomp pretending to go to Rome, and at unawares apprehended him; but yet for excuse of that violent fact upon a Bishop, he made first a long speech unto his nobles there present, showing that he did it not so much in respect of his own temporal security, as in defence of the Church, which this man oppressed. 
Stow in anno. 1087. ●xfra mentis de vita Gu●e●●i.  My brother (saith he) hath greatly oppressed England in my absence, spoiled the Churches of their lands and rents, made them naked of the ornaments given by our predecessors the Christian Kings, that have reigned before me in England, and loved the Church of God, endowing it with honours and gifts of many kinds. 
The Conqueror's accusation of his brother for n●●ting the Church.  Wherhfore now, as we believe they rest rejoicing with a happy retribution; Ethelbert, and Edward; S. Oswald, Athulse, Alfred, Edward the elder, Edgar, and my cozen and most dear lord Edward the Confessor, have given riches unto the holy Church, the spouse of God; my brother, to whom I committed the government of the whole Kingdom, violently plucketh away their goods, etc.  

Stow Ibid●m.  15. This was one excuse used by the Conqueror. Another was, as Stow recordeth that he said, that whereas his brother was both Bishops of Baion and Earl of Kent, he apprehended him as Earl of Kent, and not as Bishop of Baion, that is to say, as a lay-person, and not as an Ecclesiastical. And yet further, when he was urged about that matter by his own Prelates, he was wont to say, (as Stow and others do also note) that he did it by particular licence of the Pope, and not only by licence, but also by his decree and commandment; and so he protested at his death. Whereby we see, how little opinion he had of his own spiritual jurisdiction in this behalf.   

Of King William the Conqueror his laws, in favour of the Church, and Churchmen. §. II.  
16. But no one thing doth more exactly declare the sense and judgement of King William in these things, 
R●g. Hoveden. annal pa●●. 2. in vi●. hen●. 3. fol. 342.  than his particular laws, which are recorded by Roger Hoveden, (an author of good antiquity) who showing that King William in the 4. year of his reign, calling together all his Barons, Governors of Provinces, & twelve expert men out of every shire, did review the ancient laws both of the English and Danes, approving those that were thought expedient, and adding others of his own; beginning with those that appertained to the liberties & exaltation of the Church. Taking our beginning (saith he) from the laws of our holy mother the Church, by which both King and Kingdom have their sound fundament of subsisting, etc. And then followeth the first law with this title. De clericis & possessionibus corum. 
What the peace of the church is.  Of Clergymen & their possessions: & the law itself is written in these few words, but containing much substance. Omnis Clericus & etiam omnes Scholar's, & omnes res & possessiones corum, ubicunque fuerint, pacem Dei & Sanctae Ecclesiae habeant. Let every Clergyman, and all scholars, and all their goods and possessions wheresoever they be, have the peace of God, and of holy Church. And afterwards he declareth what this peace of the Church is, to wit, that neither their persons, nor their goods can be arrested, molested, or made to pay tribute, or otherwise troubled by any secular judge whatsoever.  
17. And in the second law, which is entitled. De temporibus & diabus pacis Domini Regis. Of the times and days of peace, and freedom of our Lord the King; he doth explicate that it belongeth to the King and his officers, to see these liberties of Ecclesiastical peace, franquises, and freedom, be exactly observed to Ecclesiastical persons, & especially to punish them double, which refuse to put in execution the Bishop's sentence of justice. Quod si aliquis ●i foris fecerit (saith he) Episcopus inde justitiam faciat; veru●tamen si quis arrogans, pro Episcopali justitia emendare noluerit, Episcop●● Regi notum faciat: Rex autem constringet malefactorem, ut emendet cui foris facturum fecit, scilicet primum Episcopo, deinde Regi, & sic erunt ibi due gladij, & gladius iwabit. If any man shall do any hurt to him (that hath the peace of the Church) let the Bishop do him justice; but if any man will be arrogant & not make amends, according to the sentence of justice given by the Bishop, let the Bishop make it known to the King (or his Courts) and the King shall constrain the malefactor, to make amends to him, unto whom he did the hurt, to wit, first unto the Bishop, and then to the King, and so there shall be two swords against malefactors, and the one sword shall help the other. And here let be considered, what he saith of two swords, one in the Bishop's hand, and the other in the Kings; and that this must assist that of the Bishops, as the principal & superior; 
Two sword the one subordinate to the other.  which is conform to the speech of K. Edgar (if you remember) whereof we made mention in the former Chapter and last demonstration thereof. Whereby is made evident, that these ancient Kings believed not to any have spiritual sword or authority, by right of their Crowns, but only the temporal to command & punish in temporal affairs, and to help and assist the others in causes belonging unto them.  
18. The third law hath this Title. De justitia Sanctae Ecclesiae. Of the justice of the holy Church and prerogative thereof, which she is to receive in temporal tribunals. In which law is determined in these words. Vbicunque Regis justitia, vel cuiuscunque sit, placita tenuerit, si ullus Episcopus venerit illuc, & aperuerit causam Sanctae Ecclesiae, ipsa prius terminetur: justitia enim est, ut Deus ubique prae caeteris honoretur. 
The privilege of Ecclesiastical men in temporal Courts.  Wh●rsoeuer the King's justice, or the justice of what other Lord soever, shall hold pleas (or keep courts) if any Bishop come thither, and open a cause of the holy Church, let that cause of all other be first determined: for it is just that God be honoured every where before all other. Mark his reason, why the expedition of the Bishop's cause, is to be preferred before that of the King; for that he holdeth the place of God, and thereafter must be respected.  
19 The fourth law hath this Title: De universis tenentibus de Ecclesia. Of the privileges of all those that are any way tenants of the Church. 
Tenants of the Church privileged.  And then it followeth in the law. Quicunque de Ecclesia aliquid tenuerit, vel in fundo Ecclesiae mansionem habuerit, extra curiam Ecclesiasticam coactus, non placitabit, quamuis foris fecerit, nisi (quod absit) in Curia Ecclesiastica rectum defecerit. Whosoever doth hold any thing of the Church, or hath his mansion-house within the land of the Church, shall not be constrained to plead any matter of his, though he be a malefactor, out of the spiritual court, except (which God forbid) justice could not be had in the said Ecclesiastical court.  
20. These are the first laws of all, that were made by King William, 
Diuer● other laws.  and after these do ensue five more to the same effect of Church's privileges; whereof the first hath this Title. De reis ad Ecclesiam fugientibus. 
Sanctuary.  Of malefactors, that fly to the Church, how they are to have Sanctuary and protection. The second. 
Breakers of Privileges.  De fractione pacis Ecclesiae. Of breaking the peace of the Church, that is to say of her privileges: the breakers whereof are appointed to be sharply punished, first by the Bishop, & then by the King, if he be arrogant. The third. De decimis Ecclesiae maioribus. Of the greater tithes belonging to the Church. 
Tithes.  The fourth. De minute is decimis. Of lesser tithes; all which are commanded to be paid exactly. And finally the fifth law, which is the tenth in order, hath this Title. De denario S. Petri, qui Anglicè dicitur Romescot. Of peterpence, 
Peterpence.  called in old English Romescot: wherein is appointed the order, how the said peterpence shall be gathered and made ready against the feast of S. Peter and S. Paul, or at the furthest, against the feast of S. Peter's Chains, as we have seen also before ordained by the law of K. Kanutus. By all which is understood, and much to be considered, that neither K. William, nor any of his ancestors took upon them to make any Ecclesiastical law at all of spiritual matters, as of their own; but only did second, and strengthen, and confirm the laws of the Church, by their temporal laws, by defending the same, and punishing the breakers thereof. Which is a far different thing from the Ecclesiastical power, which M. Attorney will needs have us believe to have been in the ancient Kings of England, according to the meaning of the ancient Common-lawes thereof, but produceth none. And I persuade myself, he will hardly allege me any so ancient as these, though he have studied them, as he saith 35. years: but five hundred more were necessary to find out that which he affirmeth. And thus much of laws for the present.  
21. There remaineth only one argument more, concerning K. William, which is the time of his death, and of what sense and judgement he was in this point at that time, when commonly men do see more clearly the truth of matters (especially Princes) then before in their life, health, and prosperity, when passion, honour, or interest may oftentimes either blind, or bias them. And albeit of K. William divers ancient writers do record, that notwithstanding in his anger, unto secular men he was fierce & terrible; 
The Conqueror's humility towards his Archbishop.  yet unto Ecclesiastical persons, he bore still great respect, whereof among others, this example is recorded by Nubergensis, that when at a certain time Archbishop Aldred of York, that had crowned him, and was much reverenced by him while he lived, 
Nu●e●g. Re●u● Anght. l. 1. c. 1  entreating him for a certain pious work, and not prevailing, turned his back and went away with show of displeasure; the Conqueror took hold of him, and fell down at his feet, promising to do what he would have him: and when the Nobles that stood round about, began to cry to the Archbishop, that he should take up the King quickly from his knees, he answered let him alone, he doth but honour the feet, of S. Peter, in kneeling at mine. Which well declareth (saith Nubergensis) both what great reverence, this fierce and warlike Prince did bear unto this Prelate, as also how singular authority and confidence the good Archbishop had with him.  
22. But (as we have said) his true sense & meaning will best be seen by own his words & behaviour at his death when finding himself in great affliction and perplexity of mind, with the ●●ror thereof, as before hath been touched, and of God's judgement ensuing thereon: for that to use his own words, he saw himself ●●den with many and grievous sins, and greatly polluted with the effu●●●● much blood, and ready to be taken by and by unto the terrible examination 〈◊〉 God, etc. 
Stow in vit. Guliel. in sine.  In this plight (I say) which Stow and others 〈◊〉 down out of ancient authors, his greatest comforts 〈…〉 he had been ever obedient to the Church: whereunto by 〈…〉 he assigned the most part of his treasure; adding this 〈◊〉 thereof, that those things that had been heaped up by wicked deeds, 
The conquerors last speech of his devotion towards the Church.  might be disposed to holy uses of Saints. And then turning his speech to Ecclesiastical men he said; You remember how sweetly I have ever loved you, and how strongly against all emulations defended you. The Church of God which is our mother, I never violated, but in every place (where reason required) did willingly honour; I have not sold Ecclesiastical dignities, and Simony I always detested; in the election of Pastors, I ever searched out the merits of his life, his learning and wisdom; and so near as I could, committed the government of the Church unto the most worthy; this may be seen in Lanfranke Archbishop of Canterbury, and in Anselm Abbot of Beck, and others, etc. This course have I followed from my first years; this I leave unto my heirs to be kept in all times; In this do you (my Children) ever follow me, to the end that hereby you may please both God and man, etc.  
23. And this was the last speech of the Conqueror to his children, and others standing by at the day of his death, which doth sufficiently declare, what his sense & judgement was concerning this point of spiritual jurisdiction. And to impugn and overthrow all this our adversary the Attorney had need to bring many and strong batterings, as you see. Let us pass then to examine what they are.   

The first Instance taken out of the reign of this K. William the Conqueror. §. III.  
24. One instance only doth M. Attorney find to be alleged, during the reign of this Prince, which we shall allege in his own words, as they lie in his book; and this shall we observe commonly through all his instances. Thus than he saith.  

The Attorney.  
It is agreed, that no man only can make any appropriation of any Church, 
7. ●. 9 ●●. Qua●●●●pedes. 19  having cure of souls, being a thing Ecclesiastical, and to be made to some person Ecclesiastical, but he that hath Ecclesiastical jurisdiction: But William the first of himself, without any other, as king of England, made appropri●t●●● of Churches with Cure, to Ecclesiastical persons: wherefore it followeth, that he had Ecclesiastical jurisdiction.   

The Catholic Divine.  
25. This is the only one argument or instance, as hath been said, which M. Attorney hath found in all the life of K. William the first, whereby to prove his principal Conclusion, which is, that K. William had as much Ecclesiastical power and jurisdiction, by the ancient common laws of England, as ever had Queen Elizabeth, and she as much, as ever any Ecclesiastical person had, or might have in England. And yet you see, that if all were granted, which here is set down, 
M. attorneys Instance of no force.  it amounteth to no more, but that K. William did bestow a benefice with Cure, upon an Ecclesiastical person: which he might do, either by nominating or presenting, as patron of the benefice; or by some indult from the Pope, or Bishop of the diocese in that behalf; or under ratihabition (as before in Charters hath been declared) or finally he might do it De facto and not De jure, as oftentimes it falleth out in such actions of Princes. And in all these senses, though we grant whatsoever M. Attorney saith & setteth down in this place, it cometh so far short to prove supreme Ecclesiastical jurisdiction in K. William, as it proveth not any spiritual jurisdiction at all; for that all he saith may be grawted in any lay-man whatsoever: which we shall endeavour to make clear by explication and distinction of those things, which here are set down confusedly by M. Attorney.  
26. First then this instance consisteth of a Syllogism, as you see; the Mayor whereof is related out of the collection of some law book, as may appear by his quotation in the margin, though I have not the book by me: and we grant the proposition to be true in his due sense, to wit, that no man can appropriate a Church or benefice with Cure, to an Ecclesiastical man, but he that hath Ecclesiastical jurisdiction. 
Power ways by which a lay man may Confer benefices.  And then, we deny the Minor proposition, which ●● of M. Attorneys own addition, to wit, that K. William did so appropriate, or bestow any benefice with Cure, upon an Ecclesiastical person, except it were in one of the four manners before specified. And M. Attorney ought to have proved his said Minor, if he had dealt substantially.  
27. And moreover I find that he faltereth somewhat also 〈◊〉 setting down the very words of his Mayor proposition, though much more in the true sense, as presently shall be declared. For whereas he beginneth. It is agreed that no man can make any appropriation, etc. the latin words of this Report cited by himself are: Inter omnes convenit, quod nemo possit appropriare, etc. which have this sense: that it is a common received opinion (to wit from the Canon-law) that no man can appropriate, or bestow a Church with Cure, except he have Ecclesiastical jurisdiction. But M. Attorney by shutting out the word inter omnes, and translating the rest, it is agreed, would make his reader think, that it was an agreement or resolution only of the temporal judges in this case, in K. Edward the 3. his reign, and that they first founded this Maxim about Ecclesiastical jurisdiction, whereas they related it only, as an ancient Maxim received in the Canon and Civil law, in this sense which presently we shall declare.  
28. And whereas he translateth the word appropriare Ecclesiam Ecclesiasticae personae. To make appropriation of any Church to an Ecclesiastical person; this may have two senses, & be meant either of appropriations, or collations of benefices, wherein there is little difference in respect of our controversy; for that neither appropriation, nor collation can be truly and properly made, without spiritual jurisdiction, either ordinary or delegate. And as for appropriations, which consisted commonly in this, that the gleab-lands, and the better tithes were united to some religious houses, or Parsons, leaving the lesser tithes unto their Vicars, 
Appropriation of Benefices.  they could not be made nor granted, but by the licence of the Sea Apostolic; as neither in our days they can, in Catholic countries; & upon this pretence of a greater good to ensue thereby unto the Church and Country, where they are granted: and consequently if K. William in his days, 
Sup. cap. 6. Demon. 4.  did make any such appropriations in this sense, it is to be understood that the same was first allowed by the Sea Apostolic, as before we have showed in the examples of Charters, for building & establishing of Churches, monasteries, and other pious works. And the same may be gathered also out of the Ordinances made about the said appropriations afterward in the 15. year of K. Richard the second, and 4. of K. Henry the fourth by Parliament, wherein the Bishops did fit as chief in these affairs.  
29. Collations also of benefices require spiritual power and jurisdiction in him, 
Collations of benefices,  that doth give or confer the same; though in this there may be divers degrees, which are declared 〈…〉 Canon-law. And M. Attorney being so eminent in the common-law, ought not alltogeather to have omitted them. For first, whereas the word Benefice, or Church with Cure, or Parish (for all these are used oftentimes for the same) doth comprehend as well a Bishopric, as a lower benefice; if M. Attorney will understand it here of the former, that is to say, that no man can appropriate, or bestow a Bishopric upon any person, but he that hath Ecclesiastical jurisdiction, he must remember (if before he knew it) that three things do concur in making of a Bishop by divine and Canon-law, 
Cap. Intet, & cap. Licet, extrau. de translat. epise. & extrau de electione, cap. Cum in cunctis.  to wit Election, Confirmation, and Consecration, as may be seen by the places thereof here quoted in the margin, not to trouble the text therewith to unskilful Readers.  
30. And albeit the first, to wit Election, 
* Extrau. de elect. cap. postquam & cap. Intet Canonicos. & cap. Scriptum est.  when it is justly made, do give right to the elected, to pretend the second and third, that is, confirmation and consecration, nor can they be denied unto him without injury, except upon just cause, as the same law saith: yet can he not upon his only Election, exercise any part of his office of a Bishop, either in jurisdiction or order. But when he hath the second part, which is confirmation and induction to the benefice, which is properly called investiture; then hath he jurisdiction upon those people, and may exercise the Acts thereof by visiting, 
Ex capite, qualiter extrau. de elect.  punishing, or the like; but not the Acts of Order, until he have consecration also, that is to say, he cannot make Priests, nor administer the sacrament of confirmation, nor do other such actions, as are peculiar to Episcopal Order.  
31. Now for these three things, the first (which is election or nomination) may be performed by any Prince or lay-man, that hath lawful authority thereunto, which divers ways he may have, as after shallbe showed; either by Ius patronatus of the benefice, or prerogative granted him by the Church. The second which is confirmation and giving of jurisdiction, 
Election confirmetion and consecration of a Bishop by whomel  must only proceed from him that is the fountain of all spiritual jurisdiction under Christ (which is the Bishop of Rome) or some Metropolitan or Bishop under him, that hath authority and commission from him. The third which is consecration, must be done according to the Canon-law, by three Bishops at the least. And by this also may we understand, what is necessary for the appropriating or conferring of any lower Benefice with Cure to an ordinary Priest, to wit, the two first, election or presentation, which may be done by a secular man and confirmation or investiture, which always must come, as hath been said, either from the Sea Apostolic, or some Bishop authorized under him; for that it giveth spiritual power and jurisdiction over souls, which no man can do, but he that hath it in himself, & no man can have it, but he that received it from those that had it immediately from Christ, to wit S. Peter & the rest of the Apostles and their Successors, Governors of the Church, as before in the second Chapter of this Answer we have declared.  
32. And yet further it is to be noted, for more clearness and distinction, that the first of these three to wit Election, is of four distinct sorts in the Canon-law. The one called election properly or choice, by suffrages and voices of such as have to choose. 
Extrau. de postula one prelatorum, cap. pennl.  The second is termed Postulation, when one is offered that is not altogether capable of the benefice, but hath need of dispensation. The third is called presentation, when he that is patron, 
Cap. ult. extrau. de jure patronatus.  or hath the advowson of any benefice, presenteth one by right of that Ius patronatus, the right of patronage. The fourth is called nomination, which hath divers curious differences noted in the law, over long here to be discussed. 
Glossa dist●n●●. 63. cap. quanto. & extrau. de postul. prelatorum, cap. Bonae memoriae.  But this is sufficient for our purpose, that all these four ways do comprehend but only the first degree of appropriating a benefice to any incumbent. And albeit originally they do all four appertain to Ecclesiastical power, for that they concern an Ecclesiastical thing; yet for many ages have they been imparted also by authority and commission of the Sea Apostolic, or by right of patronage, to secular laymen, both Princes and others: I mean to choose, postulate, present, and nominate fit persons, both for Bishops and Pastors. And this we see in use now for many ages in all Catholic Countries throughout Christendom; especially concerning Bishoprics, and greatest dignities Ecclesiastical. But yet no Prince taketh that authority, as descending from his Crown, but as by commission, grant, or indult of the Sea Apostolic, which they hold to be the fountain of all spiritual authority and jurisdiction.  
33. All which being well understood, it is easy to distinguish, and thereby evacuate the argument of M. Attorney in this place: which is a plain Sophism, and deceitful Syllogism, having one sense in the Mayor, & another in the minor. For if in the maior proposition, wherein he saith out of the Report of his law, that no man can appropriate an ecclesiastical benefice with Cure, but he that hath sp●rituall jurisdiction. If he understand (I say) the first degree only, which is to choose, postulate, present, or nominate; then the said mayor is false, for that laymen may do it also by commission (as before we have said) and then do we grant his minor proposition, that K. William did, or might so appropriate. But if he understand in the second or third degree of confirmation and consecration of Bishops; then is the mayor true, & the minor false. And so M. Attorneys syllogism every way is found faulty and guylfull, nor worthy of his place and credit.  
34. And yet will I add one thing more for conclusion of this matter, which is, that as divers secular Princes in former ages, and in ours also, have had the first degree of approprition (as hath been declared, to wit, to nominate fit persons; so have diverse pretended, as well in our Countries as elsewhere, to have, in a certain manner, the second from the Sea Apostolic, that is to say, to give the investitures in Bishoprics, Abbeys, and other chief benefices Per annuium & baculum, that is, by giving them a ring & a staff, 
investitures desired by Princes but denied by Popes.  which are the ordinary signs and marks of taking possession of their jurisdiction: which though the said Princes do acknowledge, to be a spiritual Act, and consequently not possible to descend from the right of their temporal Crown (as M. Attorney would have it) yet desired they to enjoy it by Commission from the Sea Apostolic, in respect of their greater authority among their Subjects, and for more brevity of providing, and establishing incumbentes, when benefices of cure fell void, and for other such reasons: whereof we may read in the lives of divers of our Kings. And namely of King Henry the first this Conqueror his son, what earnest suit he made, to have these investitures granted him, which the Pope did flatly deny to do; yea and the greatest causes of that wonderful breach between the Pope's Alexander the 2. and Gregory the 7. and others of that age, with the Emperor Henry and his Successors, were by the occasion of these investitures, which the said Popes would not grant. 
Bald. l. rescrip. in penul. col. in versie. Et ideo rex Angl. ●od. de preci bus Imper. auferendis.  Albeit I find some ages after, that the great and famous Lawyer Baldus above two hundred years gone, recordeth that in his time, two Kings only had these privileges, granted them from the Sea Apostolic; The King of England to wit, and the King of Hungary, which perhaps was in regard that their Kingdoms lay so far of, as it might be prejudicial to their Churches, to expect always the said investitures from Rome; But yet he expressly saith, that it was by Commission and delegation of the Pope. Papa (saith he) committit spiritualia etiam mero laico, & ideo Rex Anglorum, & rex Hungaria conferunt in suis Reguis Praebendas ex privilegio Papa. The pope may commit spiritual things to a mere lay-man (and this he proveth by divers texts of law) and hence it is, that the King of England, 
32. de●●n. cap. prater 〈◊〉, paragraph vetum, & distinct 96. cap Bene quidem.  and King of Hungary do in their Kingdoms give Prebends, by privilege of the Pope. Whereby we understand, that in Baldus his time, it was held for a peculiar privilege of these two Kings, which sithence hath been communicated to divers other Christian Princes, who do use and exercise the same at this day; but yet none pretending it, as from the right of their Crowns. For they never pretended to give benefice or Bishopric, by their own Kingly authority, but only to present and commend fit persons unto the Sea Apostolic, to be admitted and invested thereby, as all other Catholic Princes at this day do use: yea, and that this right of presentation also, they took not, but by concession and approbation also of the foresaid Sea Apostolic, as by the former examples may appear.  
35. And this is so much as I think convenient to say in this place to M. Attorneys silly instance, and I have been the longer theraout, for that this K. William is the head and root of all the Kings following: and this which hath been answered to this objection will give much light to all other instances, that are to ensue. And if any King should have taken any other course from this, established by the Conqueror (their head and origen) which yet none ever in any substantial point did until King Henry the 8. you may see by all this discourse that the Conqueror might say of them, as S. john said of some of his. Ex nobis prodierunt, sed non erant exnobis. 
1. joan. 2.  And so much of the Conqueror.     

OF KING WILLIAM RUFUS AND HENRY THE FIRST That were the conquerors sons; and of King Stephen his Nephew: And how they agreed with the said Conqueror, in our Question of spiritual jurisdiction acknowledged by them to be in others, and not in themselves. CHAP. VIII.  
THis beginning being established in the Conqueror conform to that which was in the precedent Kings before the Conquest, their remaineth now, that we make our descent, by showing the like conformity in all subsequent Kings, unto K. Henry the 8. according to our former promise. Wherefore first in rank there cometh K. William Rufus second son of the Conqueror, 
K. William Rufus began his reign an. 1087. and reigned 13. year, to an. 1100.  among those of his children that lived at his death, who being named to the succession by his said father upon his deathbed, & so charged & forewarned, as you have heard, in this very point of honouring the Church and Ecclesiastical power, and under that hope and expectation embraced and crowned by the good Archbishop Lanfranke, 〈◊〉 king first his solemn Oath to the same effect, which his father had taken before him in the day of his Coronation, he gave g●●● satisfaction & contentment to all his people, 
K. William Rufus a good King for a time.  at the beginning of his reign, as all our historiographers do testify, that is to say, so long as Archbishop Lanfranke lived, to whom he bore singular respect, love and reverence: but the said Archbishop deceasing in the second year of his reign (which was about the 20. of his age) the young man, as thinking himself free from all respect to God or man, broke into those extreme disorders of life, which our histories do recount.  
2. And among others, or rather above others, in oppressing the Church, holding Bishoprics & Abbeys in his hands, as they fell void, and not bestowing them afterward, but for bribes and Simony: And namely the archbishopric of Canterbury he held four years in his hand after the death of Lanfranke, until at length falling grievously sick in the City of Gloucester, and fearing to die, made many promises of amending his life: as namely (saith Florentius) Ecclesias non amplius vendere, nec ad censum ponere, sed illas Regia tueri potestate, irrectas leges destruere, & rectas statuere Deo promisit. 
Florentius wigorn. an. 1093. in annal. Anglis.  He promised to God not to sell Churches any more, nor to put them out to farm, but by his kingly power to defend them, and to take away all unjust laws, and to establish such as were rightful. And heerupon presently to begin withal, he nominated to the archbishopric of Canterbury, a great and worthy learned man named Anselmus Abbot of the monastery of Beck in Normandy who was then present in England; for that some month or two before, he bade been entreated by the Earl of Chester Sir Hugh Lupus, 
Stow an. 5. Guliel. Rufi.  to come into England to found and order his Abbey (saith Stow) of S. Werberge at Chester; 
Commendation of S. Anselm.  of whom Malmesbury living presently after him saith. Quo nemo unquam justi ten●cior, etc. than which Anselmne, 
Malmesb. l. 4. de Guliel. 2.  no man was ever more constant in righteousness; no man in this age more exactly learned, no man so profoundly spiritual as this Archbishop, that was the father of our country, and mirror of the world.  
3. But this unfortunate King was no sooner recovered (say the same Authors) but he repented himself sorely, that he had not sold the said archbishopric with other for more money; and thereupon took an occasion to pick a quarrel against the said Anselmus, and among other things, to let him, that he could not do his office; 
Florentius an. 1095.  for that (saith Florentius) from the time he was made Archbishop (which was no less than two years) it was not permitted unto him, either to hold any Synod, or to correct the vices which were sprung up through England. 
Malmesb l. 1. de g●stis Pontif.  Whereunto Malmesbury and Edmerus that 〈◊〉 with him, do add, that the King would not suffer him to go to Rome to take his pall of the Pope, 
Edmerus in vita Anselm●.  as all Archbishops of Canterbury were accustomed to do, and the other greatly urged to have licence: But after a long combat, which he had had with the King & divers other Bishops, that followed the King's favour, in a Synod at London upon the third week in lent Anno Domini 1095. and eight year of King William his reign, the said Archbishop being extremely baited by the King & his followers, stood constant in his appeal to Rome.  
4. Which thing Rufus perceiving (saith Malmesbury) he sent secretly certain messengers to Rome, to entreat the Pope (which then was Vrban the second) to send the Pall of Canterbury unto the King, to be given to whom he would. Whereunto though the Pope would not yield; yet he sent back with his messengers for Legate, the Bishop of Albanum named Walta, with the said Pall, who showed unto the King so many reasons, why the Pope could not yield to his demand, and entreated him so forcibly to be content, that he might give the said Pall from the Pope to Anselm with accustomed ceremonies in the Church of Canterbury, 
S. Anselm his pall brought him from Rome by the Pope's Legat.  as at length he obtained the same, and made them friends.  
5. But this friendship lasted not long, for that the very next year after, the King continued his old manner of oppressing the Church. S. Anselm went unto him to Winchester, and there first by intercessors, desired the King that he might have licence to go to Rome to confer divers difficulties of his with urban the Pope. The King answered, that he would not give him licence, for that he knew him to have no such great sins, that it was needful for him to go to Rome for absolution; nor yet to be less learned than Pope Vrban, whose counsel & direction he would ask. 
S. Anselm his plain dealing with K. Rufus  Whereupon the Archbishop entering the King's chamber, sat down by his side (saith the Story) and disputed the matter with him, affirming him to deny Christ himself, that denied recourse unto his Vicar upon earth. And thereupon he concluded, that this licence could not be denied him by a Christian King, and consequently he would go. The King said he should carry out nothing with him. The Archbishop answered, he would go naked and barefoot. Which firm resolution the King perceiving to be in him, used by messengers unto him divers intreatyes (saith Walsingham) and offered large promises of favours if he would stay. 
Walsing i● Ypodig. Neus●ria an. 1●97.  But the other would not, but departed the Realm, though he were searched and rifled by the King's Officers at the port.  
6. By all which story it most evidently appeareth, that albeit this young disorderly and passionate King, were as well in this, as in other matters, headstrong and violent in pursuing his appetites & desires, as well in Ecclesiastical, as Temporal affairs: yet did he never deny the Pope's spiritual jurisdiction in England, but rather acknowledged the same, in sending to Rome to entreat that the pall might be sent to him, as also in going about to divert S. anselm's recourse thither. But (alas) there passed not many years, but God punished severely these grievous sins against his Church: For as both the foresaid Malmesbury & Edmerus that lived with him do write, S. Anselms going to Rome & from thence with Pope Vrban to a Council of Bishops gathered together at Bary in Apulia, wherein among other things, all laymen were excommunicated, that presumed to give Ecclesiastical investitures, as also those that received them at laymen's hands, which was thought principally to have been done in respect of King William; he returned again some years after into France, and there passing his banishment with great quietness of mind, he being one day with S. Hugh Abbot of Cluniaecke, 
The pitiful death of K. Rufus.  famous in those days for holiness, the said Abbot told him in the hearing of divers others, that the night before, he had seen King William called before God, and received the sorrowful sentence of damnation; whereat all the hearers marvelling, the next news they heard from England, was, that the said King was strangely slain by an erring arrow of his familiar servant Tyrrell, while he hunted in the New-forrest, and that being strooken, he fell down dead without speaking any one word. And the same authors do recount divers other the like presages and prognostications, that happened as well to the King himself, as to other friends of his in England, portending this event, but neglected by him.  
7. And this shall suffice for King William Rufus, who reigned thirteen years. And though he was nought to all kind of men, (saith Malmesbury) and pernicious in his actions, as well to secular as Clergy men; yet had he no other judgement in matters of religion, than his father or ancestors; nor ever was he noted of any least difference therein: Nor doth Master Attorney bring any instance at all out of this King's Reign: and therefore shall we pass to his younger brother that ensued him in the Kingdom.  

OF KING HENRY THE FIRST, Which was the third King after the Conquest. §. I.  

K. Henry the first began his reign an. 1100 and reigned 25 years unto 1135.  8. This was the third son of William the great surnamed the Conqueror, who finding the commodity by absence of his eldest brother Robert Duke of Normandy, took the Kingdom of England upon him, having gained by fair promises, the good-wills of all or most of the Realm, and so was crowned by Maurice Bishop of London, for that S. Anselm Archbishop of Canterbury. was yet in exile, as before under Rufus you have heard.  
9 What the said Henry did swear and promise, and what he began, even from the very day of his Coronation, to put in practice, Florentius that then lived, declareth in these words: Consecrationis suae die Sanctam Dei Ecclesiam, etc. 
Florent, in Chron. an. 1100.  From the very day of his consecration, he set free the holy Church of God, which in his brother's days had been sold and let to farm; 
The good beginning of K. Henry the first.  he took away all evil customs, and removed all unjust exactions, whereby the Kingdom had been wrongfully oppressed before, & commanded, that peace and freedom should be holden throughout the whole Realm. He restored the law of S. Edward to all men in common, with those additions or corrections which his Father had added thereunto, etc. So Florentius. And what his Father's additions were, and how greatly in favour of the Church, and of Ecclesiastical power, authority and liberties, you have heard before in his life and laws. Whereby we may easily guess with what mind and judgement this man entered unto his crown.  
10. And albeit in this point he never altered; yet there passed not two years of his government, but partly upon Kingly appetite to have power in all things; and partly also by incitation of flatterers, that seek to feed & nourish Princes humours in that behalf; he began to lay his hands upon investitures of Bishops, by giving them Annalum & baculum for their induction to their benefices; saying that his Father and Brother before him, had used and exercised the same. But S. Anselm Archbishop of Canterbury newly returned into England with other Bishops, opposed himself against the same, as a thing unlawful, and condemned by the Canons of the Church; and namely in the late Council of Bary, where himself was present: (as before hath been showed) and this contention grew to be so strong, as the next year after, being the third of K. Henry's reign, the said holy man was forced again to appeal to Rome to Pope Pascalis, and thereupon to leave the land, and once more to go into Banishment, 
In vita Henri●● primi.  where he lived three years, going and returning often from Lions to Rome, (say Malmesbury, Florentius, and Hoveden) about this matter. And the first of these three doth set down divers epistles of Pope Pascalis, both to Anselm the Archbishop, and to K. Henry himself, wherein he telleth him first, why he could not grant unto him the authority of investing Bishops, which by his letters sent by Clerk William he had demanded saying: Grave nobis est, quia id à nobis videris expetere, quod omnino praestare non possumus, etc. 
Pope Pascalis his letter to K. Henry the first.  It grieveth us much that you seem to demand at our hands, that which no ways we can grant; for if we should consent, or suffer investitures to be made by your Excellency, it would turn (no doubt) to the exceeding great danger, both of you, and me before God, etc. Secondly he exhorteth him earnestly to admit S. Anselm to his Bishopric and favour again. Prospice (fili Charissime) utrum dedecus an decus tibi sit, quod sapientissimus & religiosissimus Episcopus Anselmus, propter hoc, tuo lateri adharere, tuo veretur in Reguo consistere. Qui tanta de te bonae hactenus audierant, quid de te sentiant, quid lequentur? etc. 
Malmesb. li. 5. annal in vit. Hen. 1.  Consider (my most dear child) whether this be an honour or dishonour unto you, that so wise and religious a Bishop as Anselmus is, should fear for this cause to live with you or to remain in your Kingdom. What will men think or say of you, who hitherto have heard so great good of your proceedings? Thus he, and much more (which for brevity I omit) from his palace of Lateran upon the 9 day before the Kalends of December.  
11. But not long after, to wit upon the year 1106. which was the sixth of K. Henry's reign, he being in some difficulties in Normandy in respect of the wars he had there against Duke Robert his brother, and many great men that took his part, and perceiving great discontentments to be likewise in England, as well 〈◊〉 regard of the absence of their holy Archbishop Anselm; as of the grievous exactions which he had made upon them. Non fac●●● potest naerrari miseria (saith Florentius) quam sustinuit isto tempore ●err● Anglorum, propter exactiones Regis. 
Florent 〈…〉 an. 1106.  The misery can hardly be declared, which England did suffer at this time by the King's exactions. All these things, (I say) being laid together, & God moving his heart to turn to him for remedy, he thought best to go to the monastery of Beck in Normandy, where Anselm remained in continual fasting and praying for his amendment. 
S. Anselm and the King reconciled.  And there agreeing with him to stand no more in these matters of investitures, or any other spiritual jurisdiction, he willed him to return securely into England, to pray for him in his archbishopric, and so he did.  
12. And this being upon the Assumption of our B. Lady to wit the 15. of August, the K. confident now of God's favour, as it seemeth upon this agreement, gathered presently an army against his enemies, & upon the vigil of S. Michael next ensuing entering battle with them, 
Prosperous success of K. Henry upon his amendment.  had a singular victory, & took therein both Duke Robert his brother, & William Earl of Morton, & Robert Earl of Stutavill, William Crispin, and all the head Captains of Normandy with them: whereof presently the King wrote letters of joy to Archbishop Anselm in England (saith Florentius) And the next spring abou● Easter returned into England with the said prisoners, and left Normandy wholly gained unto him and to his Successors.  
13. And upon this, he calling together upon the first of August and 7. year of his reign, all his Lords, both spiritual and temporal, consulted for three days together with them, not admitting S. Anselm to that consultation, lest his authority might seem to have overbeared the matter, what it was best to do in that case of investitures, which he had before used; albeit divers (saith Florentius) did exhort him not to obey the Pope in this, but to retain the use, which both his Father and brother had practised, yet others alleging the Censures both of Pope Vrbanus and Pascalis against the same, and that they left unto the King all other privileges and regalityes: the King on the 4. day causing Anselmus to be present: 
Florent. W●●●. in Chron. an. 1107.  Statuit (saith Florentius) ut ab eo tempore in reliquum, nunquam per dationem baculi pastoralis vel annuli quisquam 〈◊〉 Episcopatu aut Abbatia, per Regem vel quamlibet laicam manum in Angli● investiretur. The King with his Counsel did decree for that time forward; that no man in England should be invested of any Bishopric or Abbey, by the King, or by any lay man's hand or power, with giving him the pastoral staff or ring, as sometimes had been accustomed. And this was done in obedience of the Canonical constitution made in the Council of Bary, against such investitures, as we have declared.  
14. And thus was that controversy ended, which was the only controversy of importance, that this K. Henry had with the Sea of Rome during the time of his reign, 
Malme●b. in ●it. Hen. 1. l. 3.  which Malmesbury then living, recounted as done of conscience saying; Inuestituras Ecclesiarum, post multas controversias inter eum & Anselmum, Deo & & Sancto Petro remisit. He did release again to God and to S. Peter, the investitures of Churches after many controversies had there about with Anselmus. 
How K. Henry of conscience resigned investitures.  Which he did perform so sincerely from his heart, as afterward Anselm being dead, and he marrying his only daughter Maude to the Emperor Henry the 5. upon the year 1114. he seemeth to have induced his son-in-law the Emperor to remit also the said investitures to Pope Calixtus, for which his Father and grandfather had held so long and scandalous broils with the precedent Popes; yea and himself also, that is to say this Emperor Henry, not long before going to Rome with a main army, had taken prisoner, and held for certain days Pope Paescalis that sat before Calixtus, thereby to force him to grant and confirm the said investitures, which now upon a better mind he gave over again. For this I find recorded by Malmesbury and others of that time; that Calixtus being made Pope upon the year 1119. and presently coming into France, and calling a Council at Rheims, K. Henry of England sent divers Bishops at his commandment unto that Council. And the next year after going to treat with the said Pope in person, at his Castle of Gesorse in Normandy: Acta sunt multae inter illos, etc. many things were treated between them (saith Hoveden) as it was convenient in the meeting of so great personages. 
Hoveden. part. 1. a●nal. fol. 272.  But the principal was that Henry obtained of the Pope, to grant unto him, 
The meeting of K. Henry and Pope Castus at Gesòrse in Normandy.  that he might have all the customs confirmed, which his Father had in England and Normandy, & especially that none from thenceforth should be sent Legate into England, except the King, upon some controversy falling out which could not be ended by his Bishops, should demand the same of the Pope. So Hoveden.  
15. Whereby we may see the King's judgement of the Pope ●●thority, and the recourse to be made thereunto in matters of mo●● moment. And that which is more, soon after this meeting, I find, that the foresaid Emperor made the like atonement with the same Calixtus, which Malmesbury recordeth in these word● In nomine Sancta & individuae Trinitatis. Ego Henricus, etc. 
Mal. lib. 5. annal. in vita Henr. 1.  In the name of the holy and indivisible blessed Trinity. I Henry by the Grace of God Emperor, etc. for the love of God, and of the holy Roman Church, and of my Lord Calixtus the Pope, and for remedy of my soul, do remit freely to God and his holy Apostles S. Peter & S. Paul, and to his holy Catholic Church all investitures by ring and staff, and do yield and permit, that in all Churches within my Kingdoms and Empire, there be made Canonical election, and free consecration of Ecclesiastical persons, etc.  
16. And thus was ended that fierce and bloody controversy; that had lasted and troubled the whole Christian world above fifty years (saith Malmesbury) about the use of investitures, pretended by princes to be granted unto them and their ancestors by different Popes: But yet never challenged the same as incident to their Crown or temporal jurisdiction, but as a privilege granted by the Sea Apostolic, which might lawfully be done, as you have heard by the former rule of Baldus the Lawyer, that the Pope may commit spiritual things, by privilege, in some cases, as the is, to a mere lay-man. And yet further if we seek the beginning of these investitures, how, and when, and to whom they were first granted; we shall find the matter very uncertain. For albeit some have thought, and written out of a certain relation, 
Polid. virgil. l. de inuento●ib. Retum. Gratian disti●●. 65. cap. 22. Adrian Sigebert in Cron anno. 1111. Baron in annal. an. 774.  in Sigebert his Chronicle; that the first grant of these investitures was made by Pope Adrian the first unto Charles the Great, in respect of his great merits toward the Church: yet others do hold this to be false, and that the name of investitures was not known in those days, but rather crept in afterward; yea, and rather taken and usurped to themselves by certain Princes, by invasion of intrusion upon the Church privately first, & then more publicly afterward (and thereupon pretended by their Successors) than granted by special gift or consent of any Pope a● al●●. 
The beginning of investitures by secular Princes.  Which seemeth to have been the case also of our King Henry 〈◊〉 first, who as you have heard, did pretend to challenge the i●●●●●●tures, as used by his Father and brother before him, whereof 〈◊〉 notwithstanding we find no express proof (for example) 〈◊〉 any of our histories that they used them, and much less that they were lawfully granted unto them. And albeit they had been, yet might the same authority which did grant them, revoke them again upon the notable abuses, which thereof did ensue, by selling and buying of Churches by Princes and their officers.  
17. But howsoever this were, yet is it manifest hereby, that as well those princes which violently took these investitures upon them, as others that might have them perhaps granted for a time; both of them (I say) did pretend to have them from the Sea Apostolic, and therein acknowledged the Primacy and Supremacy of Ecclesiastical power to be in that Sea, and not in themselves: Which is wholly against M. Attorneys conclusion. And therefore the said Emperor Henry the 5. when he detained prisoner the foresaid Pope Paescalis, and forced him to make a constrained grant unto him of the said investitures, 
The use of investitures granted only by the Se● Apostolic.  he would needs have him put these words in his Bull. Illud igitur diguitatis privilegium, etc. That privilege of dignity therefore, that our Predecessors Bishops of Rome have granted unto your Predecessors Catholic Emperors, and have confirmed the same by their Charters, we grant also to you, and do confirm by this present privilege and Charter, that unto the Bishops and Abbots of your Kingdom, that shall be chosen freely without violence or Symmony, you may give the investiture of staff & ring, 
Malmesb. l. 5. hist. in vit. ●en. ●. fol. 94.  and that after the said investiture, they may canonically receive their consecration from the Bishop to whom it shall appertain, etc. So he.  
18. And now consider (good Reader) that if so great & potent an enemy of the Church of Rome, was so desirous to have her grant (albeit perforce) of such little pieces and rags of Ecclesiastical authority, as these were: how much more glad would he have been, to have had all the Pope's authority acknowledged to be in himself, if he could have derived it from the Title of his Crown and Empire, 
A consideration of much moment.  as Sir Edward Cook would have taught him, if he had been his Attorney: and how easily might he have procured such a Statute to have been made unto him, by his people in Parliament, as was made unto Queen Elizabeth, to give her all supreme authority Ecclesiastical, that ever any person had, or might have, if he had listed, or if he had thought it had been worth the procurement. And surely it had been a much more easy, and less costly way, to procure it at home in Germany, 〈◊〉 to have gone to Rome with so main an army and extraordinary charges, labour, and danger, as he did, to extort the same from the Pope; and yet not all his authority, but a small piece thereof, as hath been said.  
19 But now all was amended and accommodated again, & as well the Emperor, as his Father-in-law K. Henry yielded up all their pretended right in those investitures, as you have heard. And as in the procuring and retaining them, by what manner soever, they acknowledged the spiritual power of the Sea of Rome; so much more in rendering them up again. And for so much, as both their acts are presumed principally to have proceeded of our K. Henry, all men may thereby see his devotion to that Sea.  
20. And this devotion and obedience he continued from that time forward unto his death, which was some 15. years: in all which time I might show divers evident arguments of this point, as of his often sending to Rome special Ambassadors, the particular confidence that sundry Popes had with him (as may appear by their letters unto him) his sending to Rome upon the year 1123. William newly elected Archbishop of Canterbury and Thurstyn of York, to receive their confirmation, and palls there, for more honour and devotion of the place and Sea; 
Florent in ●●on. 〈◊〉 ●11. & 1213.  though otherwise, he might have procured the same to have been sent to England, as eight years before he did, unto Ralph Bishop of Canterbury, as Florentius declareth.  
21. And two years after this again, to wit. 1125. (in which year the foresaid Emperor Henry died, that had kept so much stir about investitures) there was a Synod celebrated in the Church of Westminster, by order of Pope Honorius, his legate Cardinal johannes de Crema being present & Precedent thereof, wherein divers Canons were decreed: 
divers proofs of K Henry acknowledging the Pope's Supremacy.  and in the third; That no Clergy man should receive any benefice at the hands of aelaie-man etc. without the approbation of his Bishop; and if be did, the donation should be void: Which the King took not to be against himself, or any way repined at that Council, gathered by the Pope's authority, neither at this Decree thereof, that might concern both him & his. Which well declareth the piety of his mind, and what his judgement was of his own Ecclesiastical authority, derived from his Crown. And now let us see what M. Attorney hath observed out of him and his reign to the contrary, that is to say, to prove his supreme jurisdiction. It is but one sole and solitary instance, and this nothing to the purpose, as presently you shall see.  

The Attorney.  
Henry by the grace of God K. of England, Duke of Normandy: to all Archbishops, Bishops, abbots, Earls, Barons, and to all Christians as well present, as to come etc. We do ordain, as well in regard of Ecclesiastical, as royal power, that whensoever the Abbot of Reading shall die, 
The Charter of Hen. I founder of the Abbey of Reading in the 26. year of his reign and an Dom. 1125.  that all the possessions of the monastery wheresoever it is, do remain entire and free, with all the rights and Customs thereof, in the hands and disposition of the Prior & monks of the Chapter of Reading. We do therefore ordain & establish this ordinance to be observed ever, because the Abbot of Reading hath no revenues proper and peculiar to himself, but common with his brethren, whosoever by God's will shall be appointed Abbot in this place by Canonical election, may not dispend the Alms of the Abbey by ill usage with his secular kinsmen, or any other, but in entertaining poor pilgrims & strangers & that he have a care, not to give out the rent-lands in fee, neither that he make any servitors or soldiers, but in the sacred garment of Christ, wherein let him be advisedly provident that he entertain not young-ones, but that he entertain men of ripe age or discreet, as well Clarks, as laymen.   

The Catholic Divine.  
22. Here I desire the prudent Reader to consider, how weak and feeble a battery M. Attorney bringeth forth, against so strong and founded a bulwark, as before we have set down to the contrary; wherein having showed and demonstrated by sundry sorts of evident proof, that King Kenry, as in all other points of Catholic doctrine, usage, and practice; so in this special point of the Pope's Ecclesiastical jurisdiction was a perfect Catholic Prince, acknowledging and yielding unto him, his due spiritual superiority and eminency in every occasion as you have heard. Now M. Attorney, from whom we expected some substantial proof to the contrary, 
Weak and impertinent proof.  to wit, that he acknowledged not, nor practised the same, but held this supremacy to be in himself, as derived from his Crown, in as ample sort, as Q. Elizabeth had, or might have by the Statute of Parliament, that gave her all power, that had been, or might be in any spiritual person whatsoever, etc. To prove all this (I say) he com●●●● forth now, with this one sole Charter, which you have he●●● whereby the said King, as founder of the Abbey of Reading, doth assure the lands and temporal possessions, which he had given to the said Abbey, that neither Ecclesiastical, nor Royal power shall take away, or distract the same upon any occasion after the Abbot's death; but that they shall remain entire and free, with all their rights, in the hands of the Covent, Prior, and Monks thereof, until a new Abbot be Canonically elected, who shall have no propriety in any part thereof, but all common with his brethren: in regard whereof he is willed to dispend the same religiously, according to the founder's meaning and intention, as out of the words of the Charter itself you have heard.  
23. And now what proveth all this against us, or for our adversary? Or why is it brought forth think you? For here ● mention only of temporal matters, for assuring the possession, and due use of the monasteries temporalityes: Here is no mention at all, or meaning of spiritual jurisdiction. And how then is this drawn in to M. Attorneys purpose? We have showed before out of the examples of divers Kings, that founded sundry monasteries before the Conquest, namely K. Ethelbert that of Canterbury: K. Offa that of S. Alban: K. Edward that of Westminster, and others: that besides the ordinary power and privileges, which founder's of pious works, 
Founders had authority to give Charters.  have by the Canon-lawes (which are many and great) to dispose of their own donations, and to assure the same according to their perpetual intention: The Sea of Rome was wont also to grant them authority oftentimes, to dispose and ordain spiritual privileges, to be confirmed afterward by the same Sea, as out of divers like Charters and Grants you have heard; 
Supra cap. ●.  which was much more than this, which here M. Attorney allegeth (though nothing to his purpose) to prove his main proposition of supreme Ecclesiastical jurisdiction derived from Prince's Crowns.  
24. Whereof it ensueth, that this is less than nothing. And if he will urge those words of the Charter, We do ordain as ru 〈…〉 regard of Ecclesiastical, as Royal power, which in latin are: Stat●i●● autem tam Ecclesiasticae quam Regia prospectu potestatis, etc. it is also less than nothing; 
This in●●●nce of ●o value.  importing only, that he both as King and founder, forbiddeth all men, both Ecclesiastical, and temporal, to enter upon the lands, which he hath given to the said monastery, either by spiritual or Royal authority: even as you have heard K. Edgar before prohibit the like concerning the monastery of Medeshamsted founded by him. 
Supra Ibid.  Vt nullus Ecclesiasticorum vel laicorum super ipsum Dominium habeat. That no Ecclesiastical or lay-person have dominion over it, or over the Abbot thereof; signifying in the same place, that this privilege notwithstanding was confirmed by the Pope and Archbishop of England. And the like we may presume of this other of K. Henry, as also we may note the great respect that he bore (even in this Charter) to the Church, for that he putteth Ecclesiastical before Royal in this affair. And finally all this availing nothing to the point, whereunto M. Attorney should have brought it, he remaineth destitute of any instance out of this King's reign, as well as out of his Predecessor & Successor: of which Successor we have now also to say a word or two, to end this Chapter withal.    

OF THE REIGN. OF KING STEPHEN, The fourth King after the Conquest. §. II.  
25. After K. Henry reigned K. Stephen his Nephew, that is to say, 
K. Stephen began his reign an. ●●35. and held it 1●. years and more, until ●●54.  the son of his sister, eighteen years & somewhat more; wherein the misery and uncertainty of humane designments is seen that K. Henry the first, who had laboured so much to establish after him, his own succession in England by his sons; & the like in the Empire by marriage of his daughter Maude to Henry the 5. Emperor, as you have heard: and to this effect was induced to cut of so many noble men and houses, 
Uncertainty of human designments.  both in England and Normandy, and to pull out his own brother's eyes for more assurance thereof, holding him almost thirty years in perpetual prison until his death; having heaped together infinite riches and treasures (saith Malmesbury) to wit above a hundred thousand pounds in ready-money besides plate and jewels, to establish these his designments, etc. that now notwithstanding all was dashed upon the sudden, his male children being drowned upon sea, and his daughter returning without issue from Germany, & 〈◊〉 dispossessed in like manner of her inheritance to England by 〈◊〉 nearest kinsman Stephen, that first of all other had sworn ●●mage unto her in her Father's days.  
26. This man then, having gotten the possession of the Crown, albeit he had infinite troubles therewith, and the Realm much more by this means, and by his instability of nature, 
Malmesb. in Stephene.  who was wont (saith Malmesbury) to begin many things, & go through with few, to promise much and perform little: yet held he out for more than 18. years together, as I have said. And in all this time though he had little leisure to attend peculiarly to Ecclesiastical matters, and less will oftentimes, being wholly entangled in matters of war: yet his whole course and race of life showeth evidently, that in this point, either of belief or practice, concerning Ecclesiastical power, he did not differ or dissent from his ancestors, or from other Christian Catholic Princes, that lived round about him in those days. Nay, he was held for so religious in this behalf, before he was King as the opinion thereof did greatly further him to gain the Kingdom. For that (saith Malmesbury) Henry Bishop of Winchester, 
Malmesb. l. 1. Hist. Novel.  which now was Legate of the Sea Apostolic in England, that principally was the cause of his preferment to the Crown, was induced thereunto by most certain hope, that Stephen would follow the manners of his grandfather the Conqueror, in governing the Crown, but especially in preserving the discipline of Ecclesiastical vigour; and upon this hope, did the said Bishop interpose himself, as mediator and pledge for Stephen, with William Archbishop of Canterbury, and the rest of the Bishops and nobility, exacting of him a strict oath De libertare reddenda Ecclesia, & conseruanda. For restoring and conserving the liberty of the Church, which William Rufus by his loose government, had much infringed.  
27. The same Malmesbury also that lived with him setteth down the mutual oaths, 
Malmesb. Ibid.  both of him and his nobility, the one to the other. suraverunt Episcopi fidelitatem Regi (saith he) quamdiu ille libertatem Ecclesiae & vigorem disciplina conseruaret. The Bishops did sw●●● homage and fidelity to the King, 
The oath of K. Stephen for the liberties of the Church.  as long as he maintained the liberty of the Church, and vigour of discipline therein. But the King's oath was large, concerning his election, admission, crowing by the Archbishop of Canterbury as Legate Apostolical, that he was particularly confirmed by Pope Innocentius, etc. And then it followeth: Ego Stephanus etc. respectu & amore Dei, Sanctam Ecclesiam liberam esse, etc. I King Stephen do grant, and confirm for the respect and love I bear to almighty God, to maintain the freedom of his Church, & do promise, that I will neither do, nor permit any symmoniacall act of selling or buying benefices within the same. I do testify also and confirm, that the persons and goods of all Clergymen, be in the hands, power, and justice of their Bishops, etc. And I do confirm by these presents, and their, dignities, privileges, and ancient customs to be inviolably observed, etc.  
28. This oat● made he at his first entrance, as Rufus & others had done before him, whereby they testified not only their judgement, but also their obligation, though afterward in observance thereof many times they failed upon particular interest or passion moving them to the contrary. 
Malmesb. Ibid lib. 1. Novel.  For so writeth Malmesbury also of this King. Penè omnia ita perperàm mutavit posteà, quasi ad hoc tantum iurass●t, ut prevaricatorem Sacramenti se Regno toti ostenderet. 
Inconstancy of King Stephen by evil counsellors.  He did afterward in his life, so perversely break all that he had sworn, as though his swearing had been only to this effect, to show himself an Oath-breaker to the whole Kingdom. But yet presently after he excuseth him again: Sed haec omnia non tam illi, quam Confiliarijs eius ascribendae put●. But I do think all these things, to be ascribed rather to evil counsellors, then to himself.  
29. One notable case fell out upon the 4. year of his reign, to wit in the year of our Lord 1139. when holding his Court in the City of Oxford, and expecting daily the coming out of Normandy of Robert Earl of Gloucester, in favour of Maude the Empress, (I mean that famous Robert base son of K. Henry the first, most excellent in wisdom and feats of Arms, and a great favourer of learned men, to whom both Malmesbury and Geffrey of Monmouth dedicated their books) the King being persuaded (I say) by certain ill Counselours and soldiers about him, to lay hands upon the goods and Castles of two rich and potent Bishops, the one Roger of Salisbury that had been Chaplain to King Henry; and the other Alexander of Lincoln his nephew, 
A violent act of K. Stephen.  and the King's chancellor; he followed at length their counsel, and caused both Bishops to be apprehended, and forced to deliver up the keys of their Castles and treasures therein, pretending fear and doubt, lest they would otherwise hap kept the same for the said Earl of Gloucester and Maude the Empresses 〈◊〉 30. And albeit these two Bishops power & greatness had 〈◊〉 much misliked also by the Clergy itself; yet seeing (saith Malmesbury) this violence to be used against the Canons, they admonished the King thereof by divers ways, especially by his brother Bishop of Winchester, now also Legate of the Sea Apostolic, a likewise by Theobald Archbishop of Canterbury that had succeeded William; who went so far, and were so earnest in this matter (saith Malmesbury then living): 
Malmesb. Ibidem.  ut suppliciter pedibus Regis in cubicul● effusi, oraverunt, ut misereretur Ecclesiae, misereretur anima & fama s●●ne pateretur fieri dissidium inter Regnum & sacerdotium. They falling down at the King's feet in his chamber, besought him most humbly, that he would have pity of the Church, mercy of his own soul and good name, and that he would not suffer division, and sedition to be made between the Kingdom and priesthood. Whereat (saith he) the King rising respectivelie from his seat, albeit he excused his fact by laying the ent●● thereof upon others; yet being prevented by evil counsel, he never performed in substance, the good promises that hear upon he made.  
31. Wherefore it seemed best to the said Legate and Archbishop to call a Synod at Winchester, and to cite the King there unto under pain of Censures to appear therein, 
The K. cited to appear before the bishops.  and to give the reason of this his violent fact against the foresaid two Bishops; for so much as if they had offended: Non esse Regis, sed Canonum in●●cium affirmabant. They affirmed the judgement of this, did not appertain to the King, but to the Canons of the Church.  
32. This Ecclesiastical Council then being called together upon the first of September, Non abnuente Rege, not altogether against the Kings will (saith Malmesbury) who was present in the said City of Oxford, he sent two Earls for his proctor's, with an excellent learned advocate or Attorney called Albericus de V●●● who excusing the King's fact, & showing many reasons of S●●●● which forced him to assure himself of those strong Castle sand holds, in so suspicions a time as this was, as also to retain their wealth therein found, for that one of them being Chancellor had many money-reckoning to make to the King; conclu●●● in the end, that the King presumed to have done nothing against the Canons of the Church & true meaning thereof in such a 〈◊〉 for that the self same Canons did forbid Bishops to build such strong castles. And in this later point Hugh Archbishop of Rome being newly come to this Council, did take the King's part; 
The king's plea by his Attorney before the Bishops.  affirming that in so suspicious a time, the King might without breach of Church-canons, demand the keys of any Bishop's Castle within his Realm. But the legate & Archbishop of Canterbury were of opinion, that first the violence of the fact should be remedied, and then the matter tried according to the said Canons: which the King refusing to do, the two Bishops interessed appealed to Rome, whereunto the King answered by his Attorney Albericus in these words: For as much as some of the Bishops had used threats, and were preparing to send some to Rome against the King; in this (said he) the King doth commend them for their appealing: but yet he would have them know, that if any went against his will, 
K. Stephen granted an appeal to Rome but doubteth the same.  and against the honour of the Realm, his return home should be harder than perhaps he imagined. Nay moreover the King showing himself grieved in this cause, did of his own free-will and motion, appeal for himself to Rome. Which when the King, partly praising their appeal, & partly threatening (as you see) had uttered, all men understood whitherto it tended, to wit that they should not carry the matter to Rome at all, but end it at home.  
33. This was the event of that Council; which I have related somewhat more largely out of the writing of an eye-witness, for that it expresseth manifestly what was then held and practised for truth in our controversy. For that K. Stephen and his learned Council, and Attorney did not stand upon denying the Pope's Ecclesiastical authority, as our Attorney doth now, nor yet of the Bishops of his Realm in Ecclesiastical matters, but is content to undergo the same, defending only the reason and lawfulness of his said fact; nor did he pretend by reason of Kingly Crown to have this jurisdiction, but allowed, as you have heard, both their appeal to Rome, and appealed also himself. 
Difference betwixt K. Stephen's Attorney and ours. Ibidem.  And surely if our Attorney and that Attorney should have disputed about the plea that was to be held therein, they would greatly have differed; & yet was that Attorney in Causaruns varietate exercitatus (saith Malmesbury) much exercised in all variety of causes: but his judgement, learning, & belief, was different from that of ours, though he were four hundred years elder. And so to return to our Story again, this was the success of these affairs, and conform to this was all the rest of his life and reign: as for example when Innocentius the Pope did call to Rome 〈◊〉 Archbishop of Canterbury, Simon Bishop of Worcester, Roger Bishop of Coventry, Robert Bishop of Excester, Reynold Abbot of Euishant, ●o sit and have their voices in a General Council, 
Florent. an. 11●9.  (saith Florentin●) the King presently obeyed and sent them thither. The same Stephen also made suit, and obtained of Pope Lucius the 2. (saith Walsingham) that the Sea of Winchester should be an archbishopric, 
Walsingh. in ●pod●g. Neustriae, an. 1142.  and have seven Bishoprics under it, which had been effectuated if the same Pope had lived. But the ensuing Popes not liking thereof, it took no place, though the said King desired it much, and would, no doubt, have done it by himself, if he had thought his own spiritual authority to have been sufficient for that matter.  
34. Another case also fell out of great moment, between Pope Eugenius the 3. that ensued Lucius, and K. Stephen, which was about William Archbishop of York, called afterward S. William, who being Nephew unto the said King, that is, borne of his sister Lady Emma, 
William Archb. of York the King's nephew deprived by the Sea Apostolic.  and by his procurement made Cannon & Treasurer of the Church of York, was after the death of Archbishop Thurstan, chosen by tha mayor part of the Canons, to be Archbishop of the said Sea; who sending the certificate and authentical writings of his election unto Rome to be confirmed first by Pope Celestinus, and after by Pope Eugenius then newly chosen: he was first called to Rome sore against K. Stephen's will, and being there, 
Nuberg. l. 1. hist. caep. 1●. & 26. Poled. l. 12. hist. versus finen●.  was charged (as both Nubergensis that lived at that time, and others do largely declare) that his election was not Canonical. And so after much pleading of the matter (wherein are extant also divers earnest and vehement Epistles of S. Bernard to Pope Celestinus, 
Be●●ard. epist. ●●4. & 235 & 237 238. 139. & 251.  & after to Pope Eugenius against the said election) the conclusion was, that William the King's nephew, instead of receiving his approbation and Pall for his instalment, was deprived, and sent back into England again without any benefice at all, where he lived for the space of seven years with his other uncle, Henry Bishop of Winchester in great perfection and austerity of life, until the said Bishopric being void again, he was chosen the second time, and going to Rome was confirmed by Pope Anastasius that ensued Eugenius.  
35. But now for the first time, notwithstanding all that King Stephen could do or entreat for him, he was deprived, as hath been said, and one Henry Murdat a learned man, Abbot of a monastery of S. Bernard's Order in Wells', who also had been scholar in the monastery of Clare-vallis under the said S. Bernard, was promoted unto the dignity, and proved a notable good Archbishop, though at the beginning he being contradicted by the King, had great difficulty to enter; the people also being against him, as well for fear of the said King, as for favour and love of the other good man deposed: and the King's son Eustachius going to York upon that occasion, used great violence, and insolency (and some not to be named) against such as had opposed themselves against the election of the said deposed. But finally the sentence and judgement of Pope Eugenius took place, and K. Stephen after a time permitted the other to live quietly in his Bishopric: whereby we may see, what power and jurisdiction the Pope had for such matters in England at that time. And that neither K. Stephen, nor his son Eustachius, nor any of his Counsel, went ever about to say for their pretence or excuse, that these things belonged to the King's authority-Royall, & not to the Pope's tribunal.  
36. All which points being laid together, and many other that for brevity I do pretermit, it cometh to be manifest, that whatsoever actions this King, in those infinite troubles, fears, and suspicious of his, might sometimes use for his gain or interest, or upon persuasion of others, against the Church or liberties thereof: yet was his will and judgement truly Catholic in this point, nor was he ever noted for the contrary; nor doth M. Attorney allege any one instance out of him or his time, to that purpose. And therefore shall we pass to other Kings after him.    

OF THE REIGN OF KING HENRY THE SECOND Great Grandchild to the Conqueror: And of his two sons K. Richard and K. john, and their conformityes in this controversy. CHAP. IX.  
AS in the former Chapter for brevityes sake, we joined three Kings together; so shall we do the like in this: especially for so much as M. Attorney hath no one instance out of any of them, whose reigns iudured for the space of above threescore years; and thereby sufficiently testifieth, that in this point of the Pope's Ecclesiastical authority, their belief, judgements, and actions were correspondent and uniform to those of their progenitors and predecessors, as also were their laws; & consequently (which always is to be borne in mind) the common laws of their days, could not be contrary to that jurisdiction of the Bishop of Rome, which they themselves everywhere did acknowledge, profess and practise. For better declaration notwithstanding whereof, we shall not omit to set down some particular and several notes, as well of these Kings, and their successors, as we have done of the former.  

OF KING HENRY THE SECOND, The fifth King after the Conquest. §. I.  
2. This King than was a Frenchman borne, 
This King reigned from the year 1154. unto 1189. which was 35. years.  as well as K. Stephen, & of the English-bloud only, by Maude the empress daughter to K. Henry the first, & niece to the Conqueror. He was son and heir to Geffrey Duke of Anjoy and Poytoù, and a little before his inheritance of England, he had the rare fortune (as then it was thought) to marry with the young Queen Eleanor lately divorced from K. Lewes the seventh of France, upon their falling out after their return from jerusalem, which Queen was daughter and heir to the Duke of Aquitaine; so as all those States of Gascoigne, Gwyan, Poytoù, Anjoy and Normandy, were united together in this K. Henry, and by him conjoined to England. The Dukedom of Britain also falling in his time to the inheritance of an only daughter of Duke Canon, 
K. Henry his temporal greatness.  King Henry procured to marry the same to his third son Geffrey, for he had four by his said Queen that lived together, besides a fifth that died young. It was his chance also to have an English Pope, named Adryan in his days, by whose favour and concession he got interest to Ireland, so as if we respect the greatness and multitude of his dominions; he was the most puissant King of all, that ever had dominion over our nation until that day.  
3. But if we respect his manners, 
Nubergens. l. 3. c. 25. The same handleth much more largely Petrus Bles●●sis, Archdeacon of Bath, that was his latin Secretary many years. epist. 47.  you may (besides others writers) read a whole Chapter in Nubergensis, of the conflict & combat between vices and virtues in him, though he conclude that his virtues were the more, and his vices were sore punished in him by almighty God in this life, to the end that his soul might be saved in the next, as the same Author writeth. And to this effect was he punished and afflicted most in those things, wherein he had taken most delight, and for which he had most perhaps offended God; as first in the alluring of the said Q. Eleanor to make the foresaid divorce from the King of France to marry him, who afterward was a great affliction unto him: for that ha●●●● borne him many fair children, she set the same against him, ●● thereupon the former ardent love waxing cold between them, he was the more induced to live lasciviously with others, and ●● the end committed her to prison, and held her so, for near a dozen years together before his death.  
4. His children also he covered exceedingly to advance, crowning the elder of them King in his own days, by the name of K. Henry the third, and giving him in possession the States of Gascoigne and Gwyan; the second being Richard, he made Earl of Poitoù; the third which was Geffrey, he invested (as hath been said) in the Dukedom of Britain; and the fourth named john, for that he had no several State as yet to give him, 
K Henry punished in that wherein he took most delight.  he called in jest s●●● terre, or lack-land, signifying thereby the great desire he had to provide some State for him. And for effectuating this (saith Nubergensi● which lived in that age) that is to say, for advancing his children, he offered injuries to many: whereby it came to pass by God's just judgement, that they all at different times conspired against him. For first about the midst of his reign, both the mother and the children banded themselves against him, with Lewes the K. of France, that had been her former husband, whereof Petrus Blesensis, that was his latin Secretary, maketh mention in divers epistles that are extant, as namely, in one written by two Archbishops that had been his Ambassadors to the said K. Lewes, to make peace, but could not; who discovered that both his Queen and children had all conspired against him. 
Rhetemag & Lexomen epist and Henr. 2 ep●●t 253. apud Ble●●●s.  Quid amabilius ●ilijs (say they) quid uxore familiarius, recessit tamon uxor à latere vestro, & filii insurgunt in patrem. What is more delectable them children, what is more near or familiar than the wife. And yet is your wife departed from your side, and your children are risen against their father, etc. And in the same epistle, they counsel him to look well to his person, for that they sought his destruction.  
5. And the same is testified in another epistle written by the Archbishop of Roan in Normandy unto Q. Eleanor herself, wherein he persuadeth her vehemently by many reasons, to return to the obedience and friendship of her King and husband; and in the end threateneth to use the Censures of the Church against her, 
●ct. Blese● epis●●la 164.  if she obaied not. Parochiana eniu● nostra es (saith he) sicut & ●● 〈◊〉, non p●ssumus deesse justitia, etc. For you are our Parishioner, a● also your husband; I cannot but do justice, either you must return, to your husband again, 
Excommunication threatened to the Queen.  or by the Canon-law I shall be forced to constrain you by Ecclesiastical censures. I write this unwillingly, and if you repent not, I must do it, though with sorrow and tears.  
6. The like letter at the same time, wrote Richard Archbishop of Canterbury to K. Henry the son, persuading him by divers earnest arguments, to return into grace with his Father, and in the end threatened him, that if within fifteen days he performed it not, he had express commandment from the Pope to excommunicate him. But how this matter was afterward ended, or compounded rather for that present, you shall hear a little beneath, though again upon other occasions, matters broke forth & brought the afflicted King at last to the most miserable state of desolation in mind, that ever perhaps was read of in histories. For that, 
Stow in v●●. Henr. 2.  as Stow out of ancient writers reporteth, he died cursing the day that ever he was borne, and giving Gods curse and his to his sons, (which were only two living at that time) and that he would never release or go back in this, albeit he was entreated by divers, both Bishops and other religious persons, even until the very hour of his death. Where unto Nubergensis addeth this saying for some reason thereof. Nondum (uti credo) satu defleverat, etc. He had not (as I believe) mourned or bewailed sufficiently the rigour of that most unfortunate obstination of mind, 
Nuberg. l. 3. 6. 25.  which he had used against the venerable Archbishop Thomas (in giving the occasion of his murder) and therefore do I think this great Prince to have had so miserable an end in this world, that our Lord not sparing him here, 
K. Henry his lamentable end.  might by his temporal punishment prepare him everlasting mercy in the life to come. So Nubergensis. And this for his manners and conversation, wherein otherwise the said Author doth much commend him for a good justicer and leving Father to his people; a great Almsman and founder of pious works; and for a principal defender and preserver of Ecclesiastical liberties, etc. 
His virtues.   
7. But now if we consider the point of our controversy about his religion, and particular judgement in the matter of Ecclesiastical jurisdiction; no King ever of our nation did make the matter more clear for his obedience to the Sea of Rome in all occasions, whereof he had many in his days, & some of them nearly concerning himself, as that of Thomas Becket Archbishop of Canterbury, who for opposing himself against certain new Statutes and Ordinances of the said King, which in the heat of 〈◊〉 greatness and temporal fortune, he would have made against the liberty of the Church, pretending them to have been of his Grandfather K. Henry the first (and if they had been, 
Laws attempted by King Henry against the Church.  the antiquity was not great as you see) the said Archbishop incurred highly his heavy indignation, which cost him afterward his life, as is notorious. And these laws were six in number, as the histories of that time do set them down. The first, that no appellation might be made to Rome without he King's consent. The second, that no Bishop might go out of the Realm without the King's licence, though he were called by the Pope himself. The third, that no Bishop may excommunicate any man that held of the King in capite, but by the King's approbation. The fourth, that it shall not appertain to the Bishop to punish men for perjury, ●● violating their faith; but that it shall belong to the King's Courts. The fifth, that Clarks may be drawn to secular tribunals in certain causes. The sixth, that the King and his lay-Iudges may determine controversies about titbes or Churches.  
8. These were the laws, for which K. Henry the second made so much ado to have them pass, as he enpawned his whole power therein, & moved, for so much as in him lay, both heaven and earth to effectuate them, even by the Pope himself, but could not. And yet you see, that here is not pretended any absolute spiritual jurisdiction, but only delegatory in certain little pieces and parcels thereof, or rather some little restraint of that supreme authority, which he acknowledged to be in the Sea of Rome. 
K. Henry vehement contention to have these laws take place.  But yet for the good and peace of his land he pretended to have them granted, confirmed, & allowed unto him, as he said they had been to his Grandfather, but could not show it. For as you have heard in the life of K. Henry the first, the holy and learned prelate S. Anselm stood against him in such sort, so as he prevailed not.  
9 It is here also specially to be noted against M. Attorney, that this King pretended not (as hath been said) to have this jurisdiction against Clergy men by right of his Crown, but by concession rather of his Bishops, and confirmation of the Pope himself. For so expressly affirmeth Hoveden that lived at that time, that he required the seals of the said Bishops, 
〈◊〉. port. 2. A●nal. in ●●. 1164.  and confirmation of Pope Alexander the third; whereunto when Thomas Becket Archbishop of Canterbury, that was Legatus-natus would not yield: the King sent messengers to Rome presently saith Hoveden, to wit, john ●●●●ford & Geffrey Ridell, to desire of Pope Alexander, that he would make his extraordinary Legate in England, Roger Archbishop of York, an old emulator and enemy of S. Thomas. But the Pope perceiving his drift, which was to oppress the said Archbishop of Canterbury, denied the King's petition in this behalf, though at the request of the Kings said messengers, 
K. Henry the second made Legate of the Pope.  Consessit Dominus Papa, ut Rexipse Legatus esset totius Angliae, it a tamen, quod ipse nullum gravamen facere posset Cantuariensi Archiepiscopo. The Pope granted that K. Henry himself should be his Legate over all England; but yet so, as he should not be able, to lay any aggreivaunce upon the Archbishop of Canterbury: that is to say, should not prejudicate his ordinary jurisdiction, or have any authority over him. Which point the King perceiving, and that his whole intent of oppressing the said Archbishop was hereby prevented, he would not, through indignation (saith our Author) accept of the said legation, but sent back the Pope's letters of that commission to him again. Whereby you see, that he refused the said office, for that he thought the jurisdiction given him, was less than he would have had, and not for that he did not acknowledge the whole to be in the Pope, and nothing in himself, as from the right of his Crown.  
10. But to abridge this matter, concerning his contention with S. Thomas, whereof afterward he sore repent himself, as you will hear; though he entered into the same with great heat and resolution, to go through therein 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 fear of God, as himself caused to be written by his Bishops to the said Pope Alexander. For there is extant in Hoveden a large epistle of all the Bishops Suffragans of Canterbury, that were subjects to Thomas the Archbishop, written unto Pope Alexander in the King's name, of his prompt obedience towards him, and the Sea of Rome in all things, saying: 
K. Henry his humility to the 〈◊〉 Apostolic.  Ad vestra quidem mandata non itatus intumuit, non elatus obedire contempsit, verum gratias agens paterna correctioni, Ecclesia se statim submisit examini. when the King received your commandments, he did not swell with anger, nor proudly contemned to obey, but giving thanks for your Fatherly correction, did presently submit himself to the examination of the Church. And again. Ipse divini reverentia timoris, 〈◊〉 Maiestatempreferens, sed ut filius obediens, se judicio sistere, legitimaeque parere sententiae, seque legibus alligatum Prinscipem, praesto est in omnibus exhibere. He for reverence and respect of the fear of God, did not prefer the majesty of his Kingly State, but as an obedient son, is ready in all things, to stand to judgement, and to obey lawful sentence, acknowledging himself, though he be a Prince, to be bound to the laws of the Church.  
11. This then, was his disposition of mind in this behalf, which he presently showed in fact, by sending a most honourable Embassage to the Pope, to wit, the Archbishop of York, & Bishops of Winchester, London, Chichester and Excester, with the Earls, Arundel, the Gundavell de Sancto Valerico, and many others both gentlemen and Clarks. And as Hoveden affirmeth; Appellavit pro se & regno suo, ad Praesentiam Summi Pontificis; 
K. Henry himself appealeth to the Pope.  He appealed for himself and for his kingdom to the Pre●ence of the Pope; desiring that two Legates might be sent into England to judge of the cause, between him & the Archbishop. And soon after when the Archbishop, upon pacification made was returned, and within a few months after wickedly slain in his own Church of Canterbury; the same Pope Alexander taking upon him, as lawful judge, to examine & punish the fact upon the person of K. Henry himself, sent two Cardinall-Legats for that purpose into Normandy, 
Houed. part 2. annal. in v●●. H. 2.  named Graetianus & Vivianus, as Hoveden at large setteth down the history. Whereof K. Henry being advertised, that was present then in those parts beyond the Seas, and fearing the event, Ad Praesentiam Summi Pontifi●● appellavit, 
K. Henry appealeth the second time.  appealed again (as once he had done before) to the presence of the Pope himself from his said Legates. Whereby we see that he granted & acknowledged the Pope's authority over him in that matter. And the same writer addeth in the same place, that the said King fearing also (notwithstanding his appeal) the severity of the Sea Apostolic in this case, passed over presently into England, giving strait order and commandment, that no man should be permitted to enter with any Bull or Bre●● of the Pope of what sort soever, except first he gave caution & security, that he would thereby bring no hurt or greivaunce to the King or Kingdom.  
12. But after this again (to omit many other things and iu●d●dicall Acts, which passed in this affair, set down by the said Hoveden, and other authors of that time) two other Cardinall-●●gats, Theodinus and Albertus were finally directed from the said Pope Alexander into Normandy, 
K Henry cometh from Ireland to appear before the Pope's Legates.  to give the last sentence upon the matter. Unto whom K. Henry being then in Ireland, and cited to appear 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 never to procure the said Archbishop's death, and secondly promising divers things by the same oath, to be performed in satisfaction of his fault, in having given some occasion thereof by angry words against the same Archbishop Thomas. All which is set down in the said Author under this title, 
Pet. Bloson. Epist. 136.  recorded likewise by Peter Blesensis. Purgatio Henrici Regis pro morte Beati Thomae. 
The purgation & absolution of King Henry.  The purgation or satisfaction of K. Henry for the death of S. Thomas; & thereupon ensueth. Charta absolutionis Domini Regis. The charter of absolution of our Lord the King by the said Legates in the Pope's name.  
13. And amongst other six or seven points, whereunto the King swore at this time, one is set down in these words. He swore also, that he would neither let, nor permit to be letted, any Appellations to be made in his Kingdom, to the Bishop of Rome in Ecclesiastical causes, with this condition, that if any that do appeal be suspected to the King, they should give security, that they would not seek, or procure any hurt to him or his Kingdom. And so was that controversy ended, and the laws abolished, which the King would have established against the liberty of the Church. Whereby we see clearly what persuasion K. Henry had of the Pope's supreme authority in Ecclesiastical affairs, and his loyal obedience thereunto; which is so much the more to be esteemed, if we consider the circumstances of the time wherein he exhibited the same, which was such, as he might easily have 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 enemies the Antipopes, that by faction of a few were chosen & set up against him, three or four one after another, naming themselves, Victor the 4. Calixtus the 3. 
A circumstance notably commending the true obedience of K. Henry to the Church of Rome.  and Pascalis the 3. and held out against him, for more than 17. years together, by the power and perversity of Fredericus Barbarossa the first Emperor of that name, who often also alured K. Henry to be partaker of his Schism, but he refused, following herein his Catholic ancestors William the Conqueror, that stood constantly with the true Popes of his time, Alexander the 2. and Gregory the 7. against those that by sedition of Henry the 4. Emperor, were set up 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 time, Paschalis the 2. G●lasius the 2. Calixtus the 2. Honorius the 2. & Innocentius the 2. against six schismatical intruders, calling themselves, Clement the 3. Sylvester the 3. Gregory the 8. Celestinus the 2. Anacletus the 2. Victor the 4. all set up & maintained by the Germane Emperors Henry the 4. and fifth, and by Lotharius the 2. after them. But our Kings of England obeyed always their true and lawful Pastors of God's Church, and were highly commended for it. And now K. Henry the 2. followed their virtues, wisdom, religion, and magnanimity in that behalf; and found (no doubt) his reward in the life to come for it. And so much of this.  
14. But now to pass to another consideration about the same King, it seemeth to me, that nothing showeth more this King● true affection, devotion, and confidence towards the Pope and Sea of Rome, than his own recourse thereunto in his greatest affliction before mentioned, of the conspiracy of his wife and children against him. For than he wrote a very lamentable letter unto Pope Alexander, 
Pet. ●●esen. ●pistola 136.  beginning thus. Sanctissimo Domino suo Alexandre, Dei gratia Catholicae Ecclesia Summo Pontifici, Henricus Rex Angliae, etc. Salutem & devotae subiectionis obsequium. In which letter, among other things, he saith thus: Vbipleniorem voluptatem contulerat mihi Domm●●, ibi gravius me flagellat, & quod sine lachrymis non dico, contra sanguine●●●eum & viscera mea, cogor odium mortale concipere, etc. Where God hath given me greatest pleasure and contentment, there doth he most whip me now, and that which without tears I do not speak unto you, I am constrained to conceive mortal hatred against my own blood, and my own bowels. My friends have left me, 
A letter of K Henry the second to the Pope written in great affliction.  and those of mine own house do seek my life, & this secret conjuration (of my wife and children) hath so intoxicated the minds of all my most familiar friends, as they prefer their traitorous obedience to my son, and would rather beg with him, then reign with me, and enjoy most ample dignities, etc. Abse●● corpore, presence tamen animo, me vestris advolno genibus: I being absent in body, but present in mind with you, do cast myself at your knees: Vestrae jurisdictionis est Regnum Angliae, etc. Experiatur Anglia, quid possit Romanus Pontifex. The Kingdom of England is under your jurisdiction. Let England learn by experience, what the Bishop of Rome can do. Promitto me dispositioni vestra in omnibus pariturum. I do promise to obey your disposition in all hangs.  
15. Thus he wrote at that time with tears, as you have heard, wherewith Pope Alexander being greatly moved, sent commandment to Richard Archbishop of Canterbury, to write earnestly unto K. Henry the son, to recall him from his rebellion under pain of excommunication, as before we have showed. And this confident recourse of K. Henry to the Pope in so great an affair, declareth well the opinion he had of his authority. And conform unto this, were all the rest of his actions and doings, concerning Ecclesiastical jurisdiction, when he was out of passion and perturbation, acknowledging none at all in himself, but only from the Sea Apostolic. And heerupon he fowded the security of all his hopes, by his first marriage with the Queen Eleanor, as hath been said, whose divorce from King Lewes was upon the Pope's sentence, declaring the same to be inualide and no marriage at all, by reason that they were married within degrees of consanguinity prohibited by the Church.  
16. And soon after this again, about the 6. year of his reign the same King (as Stow relateth) procured dispensation of the said Pope by his Legat-Cardinalls, 
Stow a●. 1160.  Henricus Pisanus, and Gulielmus Papionensis, to make a marriage between Henry his eldest son of seven years old, and Margaret the French Kings daughter, 
K. Henry founded all his state upon the Pope's authority.  that was yet but of three years old, which he would not have done by all likelihood, with so manifest peril of his whole succession thereby, if he had either doubted of the Pope's authority therein, or presumed of his own.  
17. And not many years after this again, the said King being very desirous to remove from the Church of Waltam in Essex certain secular Canons, that lived not with edification, and to place in their room regular Canons, presumed not to do it of himself, or his own authority (which yet might seem a small matter) but by the authority of the Pope. 
Houed. in vi●. Hon. 2.  Rex (saith Hoveden) ex authoritate Domini Papae instituit in Ecclesia de Waltham Canonicos regulares. The King did appoint regular Canons in the Church of Waltham, by the authority of the Pope. And the same doth testify Walsingham upon the year 1177. 
Walsing. in Ypod●g●●. noustr. an. 1177.  that it was done in the vigil of Penticost: Authoritate Summi Pontificis sub praesentia Regis. By the authority of the Bishop of Rome, the King being present at the doing.  
18. And the same Walsingham two years after that again, doth record another judicial Act of the said Pope Alexander in England, which is, that he exempted from the obedience of the Archbishop of Canterbury, Roger, that was Prior of the monastery of S. Augustine in the same City, 
Divers things done by authority of the Pope in England.  which had been subject to him (saith he) for five hundred years before. And it is probable, that neither the King, nor Archbishop did like thereof, but could not let the same.  
19 And finally to go no further in this matter, of this King's obedience and devotion towards the Church, when he was out of choler and passion, and free from such other perturbations, as did draw him strongly oftentimes to the doing of certain things, which after he repented; I shall end with one short narration only of the foresaid Walsingham, or a strange extremity and adversity of fortune, from which God delivered him at one time, by means of his devout mind towards the blessed Martyr S. Thomas of Canterbury, upon the year 1174. which was three years after his said martyrdom, at what time the King's state was this, as partly before you have heard. Lewis King of France conjoining himself with Henry the third King of England, 
The straits whereunto King Henry was driven.  and the rest of his brethren against their Father, pressed him sore with great armies in Normandy, and other parts of his Dominions in France. And at the very same time, his wife Queen Eleanor in England conspiring with her said sons, incited by her example many other Princes and noblemen to do the like, who raised divers rebellions. And besides all the rest, William King of Scotland came in with a great Army on the northside, and Philip Earl of Flaunders was entered with another on the Southside. At which time K. Henry seeing himself in these straits, and not well knowing what to do, yet resolved at the length to pass from Normandy into England, and first to succour the principal part. 
Wasing in Ypodig. 〈◊〉 an. 11●4.  But being on the Sea, there arose such a tempest, as seeing himself in great danger, Erectis in caelum luminibus (saith Walsingham) lifting up his eyes to heaven he desired God, 
K. Henry strangely delivered.  that saw his intention, to be merciful unto him, as his meaning and purpose was to seek the peace both of the Clergy & people of England, etc. And God (saith our Author) admitted presently the prayer of this our humbled King, and brought him safe to Hampton-port with all his people; who from that day forward, giving himself to penance, used (saith he) a very thin diet, to wit, bread and water only, and casting of all temporal cares, nor entering into any one City, as he went by the way, never ceased until he came to Canterbury; where the glorious body of Thomas the martyr lay, 
The earnest and ● sincere penaunce● of King Henry.  where with abundance of tears and sighs, going barefoot, and casting himself prostrate on the ground, he did demand pardon and mercy; humbly beseeching first, that the Bishops there present would absolve him, and then that every religious man would give him three, or five strokes of a discipline (or whip) on his bare flesh; & then putting one his apparel again, which in all their presence he had put of, he rose from the ground, and then gave precious gifts to the said Martyr and his sepulchre; and among other forty pounds by the year of perpetual rent for maintenance of lights at the said Sepulchre, and so giving himself to waching, fasting, & prayer for three days together, it is not to be doubted (saith he) but that the said martyr being pleased with his repentance and devotion, God also (by his intercession) took away the King's sin. So Walsingham.  
20. And presently in token hereof he saith, that the very same day, wherein the King was most devout in humbling himself and kissing the said martyrs Tomb in Canterbury, God delivered into his hands William King of Scotland, who was taken prisoner by his Captains: and that upon the same day also, his rebellious son K. Henry the 3. having taken shipping to come with a great navy into England against him, was driven back by tempest; the King himself going to London was received with extraordinary joy of all his people, 
The wonderful successes of K. Hen. upon his penance.  by whose help he soon pacified and conquered all his rebels, and thence going presently over into Normandy with a great army, and leading prisoner with him, the foresaid K. of Scotland, with divers other enemies fallen into his hands, he so terrified the King of France, and other his confederates that besieged the City of Roan, as they retired presently; and his sons Henry, Richard, & Geffrey so humbled themselves unto him, as they were reconciled, and received to grace again; all coming home together in one ship (saith Walsingham) whom a little before it seemed, that the wide world could not contain.  
21. And this was the effect of K. Henry's devotion at that time, which Petrus Blesen●is also that was most inward with him, doth ●estifie & recount at large in an epistle to his friend the Archbish. of Palermo in Sicily, wherein he affirmeth not only that K. Henry assured himself, that he had all these good successes by intercession of the said holy martyr S. Thomas, but moreover, that he took him for his special Patron in all his adversities. Illud quoq●● noveritis (saith he) Dominum Regem gloriosum martyrem in omnibus angustijs suis Patronum habere praecipuum. This also you must know, that my Lord the King doth hold the glorious martyr S. Thomas for his chief Patron in all his straits and necessities: and the same you may read in Nubergensis, 
See Nuberg. l. 2. hist. ●. 25. & 33. & ●  that lived at the same time, though not so intrinsical with the King as the other. And this passed at that time, though afterward he committing his said Q Eleanor to prison, for divers years before his death, and continuing his loose life with other women (as hath been said) God for punishment, permitted, that albeit two of his sons Henry and Geffrey died before him; yet the other two remaining, Richard and john, and falling from him again, did so afflict and press him, as they brought him to that desolate end, which before hath been mentioned. Though some other do ascribe the cause hereof, not so much to his loose life, as to his irreverent dealing sometimes in Church-matters. For so two Bishops, that were his Ambassadors wrote unto him in confidence, 
Blesensi● epist. 153.  as Petrus Blesensis doth testify, saying: Non est quod magis hostes vestros incitat ad conflictum, quam quod arbitrantur Vos Ecclesia Dei minus extitisse devotum. There is nothing, that doth more stir up, or animate your enemies to fight against you, then for that they persuade themselves, that you have sometimes showed yourself less devout towards the Church of God. And thus much of K. Henry.   

OF THE REIGN OF K. RICHARD THE FIRST, The sixth King after the Conquest. §. II.  

This King reigned from the year 11●9. until 1199. that is 10. years.  22 For that we have been somewhat large in the life of K. Henry the Father, we mean to be breefer (if it may be) in his children, who were only two that seruived him, and reigned after him, to wit Richard, & john; for that the two other Henry, that was crowned and named by him K. Henry, and Geffrey Duke of Britain, after their many tumultuations, conspiracies & disobediences against their said Father, died in his life time; and of these two that lived, he had little comfort, as before you have heard.  
25. And yet proved this Richard no very evil King afterward, for the space of ten years that he reigned, though unfortunate, both in war and peace; which men ascribe (in great part) to the demerit of his own disobedience against his said Father. For punishment whereof both his own brother john conspired often against him, and K. Philip of France her colleague and confederate, broke his faith with him, 
Misfortunes of K. Richard.  and the Duke of Austria perfidiously took and held him prisoner in his return from jerusalem, and Henry the Emperor laid him in fetters, and many other miseries followed, and fell upon him, until at length he was disasterously slain by a poisoned arrow, shot out of a Castle against him, as our histories do testify.  
24. But as for his religion, it was all ways truly Catholic, & in no point different from that of all Christendom in his days. And particularly in that which appertaineth to our controversy, he was most obedient & devout to the spiritual authority of the Sea Apostolic in all his actions: 
King Richard devout and obedient to the Church of Rome.  which I may prove by the authority of a whole Synod of the Archbishop of Roan, and all his Bishops writing to Pope Celestinus the third, in recomendation of his cause when he was Captive, saying: 
See Blesen. epist. 64. ad Celest. PP.  Christianissimus Princeps Rex Angliae, illustrissimus Dominus noster, & devotissimus Ecclesia Romanae filius, quem specialiter in suam protectionem susceperat in sua peregrinatione, etc. The most Christian Prince Richard King of England, and our most honourable Lord, and most devout son of the Roman Church, whom the said Church had specially taken into her protection in his journey to jerusalem, is now unjustly detained, etc.  
25. But if this testimony were not, yet all his other life and actions, as hath been said, do sufficiently testify the same. For first, to go in order, and name some few of many, it is registered by Hoveden that lived at that time, and was present perhaps at his coronation, how religiously and humbly he received the same, 
Reg. Ho●ed. part. 2. Annal. in vit. Rich. 2.  at the hands of the Archbishop and Clergy, not calling himself King; but Duke only, until he was crowned. Cum autem Dux (saith he) add altar veniret, etc. When the Duke came before the Altar, in presence of the Archbishops, Bishops, Clergy, and people, he first fell down on his knees before the said Altar, 
King Richard's behaviour & oath at his coronation.  where we●● laid open the holy gospels, and the relics of many Saints, according to the custom, and there he swore that all the days of his life, he would maintain peace, honour, & reverence to the holy Church, and all those that were ordained by the same. He swore also to maintain good justice and equity to the people, to take away evil laws and customs, and to make good, etc. So Hoveden.  
26. And not many months after this, being called upon, and entreated by Pope Clement the 3. to make haste in his preparations, for succouring of jerusalem, which was now taken and held by Saladinus the great Prince of the Saracens; the said Pope sent soon after a special Legate into England, named Cardinal john Anagnanus, 
King Richard goeth to jerusalem by the Pope's procurement.  as well to hasten that journey, and the journey of K. Philip of France that was to go in his company, as also to end certain controversies between Baldwin Archbishop of Canterbury, that was to go with the King in his vioage, and Geffrey the King's base brother nominated Archbishop of York, & commended by the King (but not yet admitted hitherto by the Sea Apostolic) and other Bishops and principal persons. And when they were all met at Canterbury together, the King taking order and disposing many things, for the quiet and safety of his Kingdoms in his absence, which are set down at large by the said Hoveden, Nubergensis, Matthew Paris, and other authors; he thence began his journey in the month of December, and first year of his reign.  
27. But before this, as hath been said, he did dispose of many things: as namely the setting at liberty of his mother Q. Eleanor, that had been long in prison in his Father's days, restoring her to all former honours, and far greater than ever she had before, assigning to her the dowries, both of Q. Maude wife of K. Henry the first, 
The Kingdom commended to the Pope's protection.  and of Alyce wife of K. Stephen, and of the other Maude the empress mother of K. Henry the second. And to his brother john Earl of Morton, besides all other States and Titles he had before, he gave four Earldoms more, to gain him withal and hold him content, to wit, of Cornwall, Devonshyre, Dorcet and Somerset: but yet left to none of them the government of his Realm, but to two Bishops to wit, Hugh Bishop of Durham, 
See Houed. and math. Paris anno. 1190.  for the North-partes, and to William Bishop of Ely, for the whole body of the Realm, making him his Chancellor and supreme judge, and praying Pope Clement for his more authority, to make him also his Legate à latere, and to take into his protection the whole Realm, and so he did: whereby appeareth what opinion K. Richard had of the Sea apostolics authority in his days.  
28. But the same appeareth yet more, by the many appellations that were made in the Kings own presence, at the foresaid meeting at Canterbury unto the Pope himself. For first Baldwin Archbishop of Canterbury (who, as I say, was to go with K. Richard in his said journey of jerusalem) appealed against the foresaid Geffrey, the King's brother, nominated by the King to the Archbishopric of York: Appellavit ad Dominum Papam (saith Hoveden) coram Rege, & universis Episcopis, & Clero. He appealed to the Pope, in presence of the King, 
Houed. i● vit. Rich. 1. fol. 375.  and all the Bishops and Clergy. One Hammon also chanter of the same Church of York, receiving letters from K. Richard, to install one Buchard in the dignity of Treasurer of the said Church, according as he was elected: Noluit mandatis Regis obedire (saith Hoveden) sed super hoc ad Sedem Apostolicam appellavit. He would not obey the King's commandment in this point, but appealed in the controversy to the Sea Apostolic: 
divers Appellations from the King to the Pope.  which King Richard did no ways let or deny. And again in the same place, the King having given the Deanery of York to one Henry, brother to the Lord Martial of England, commended the man for his installing, to the Archbishop of York; but he refusing said, that he could not do it: Donec electio eius confirmata esset à Summo Pontifice: until his election were confirmed by the Bishop of Rome. 
Houed. Ibid. fol. 376.  Which answer the King took in good part, and thereby well declared, what his opinion was of his own Ecclesiastical authority, as also of the Popes.  
29. Moreover saith the same Author: Richardus Rex Angliae, missis nuncijs suis ad Clementem Papam, obtinuit ab eo literas Patentes, etc. This Richard King of England sending his messengers to Pope Clement, obtained letters Patents of him, that whosoever he should send unto any towns, lands or lordships of his, to keep, and defend the same in his absence, should be free from all oath, vow, or other obligation of going the voyage to jerusalem: unde, ipse sibi inastimabilem acquisivit pecuniam. Whereby he procured to himself an inestimable sum of money.  
30. And this before the King's departure from England; but being entered into the journey, and arrived in the Kingdom of Sicily, he there married his new wife Berengaria, daughter to the King of Navarre, conducted thither by sea, by Q. Eleanor his mother; who after four days stay only in the port of Messina, 
King Richard sent his mother to Rome to entreat the Pope.  was 〈◊〉 by her son, to return to England by land, taking Rome in he● way, to the end she might in his name, entreat the Pope to admit for Archbishop of York his foresaid brother Geffrey, whom he had presented and nominated. Per illam mandavit Rex Angliae Summ● Pontisici (saith Hoveden) & humiliter postulavit, ut ipse electionem prodicti Gaufredi confirmaret. King Richard of England did send by his said mother, to the Pope, and humbly besought him, that he would confirm the election of the foresaid Geffrey to be Archbishop of York. Which labour of going to Rome, it is like that he would never have put his mother unto, 
Houed. part 2. An. pag. 392.  nor yet have used so much humility of entreating the Pope, if he had thought his own Ecclesiastical authority to have been sufficient, as well for investing him, as for his nomination and presentation.  
31. And moreover, when the said King had ended a certain controversy in the same port & City of Messina, with Tancredra King of that Island; he gave account of all by a large letter, unto the said Pope Clement, as to his dearest Father. Beatissimo Patri Clements, Dei gratia Sanctae sedis Apostolica Summo Pontifici: Richardus eadem gratia Rex Angliae, sincerae in Domino devotionis affectum. And then presently he beginneth his epistle thus. justiorem exitum facta Principum sortiuntur, cum à Sede Apostolica robur & favorem accipiunt, & Sancta Romanae Ecclesiae colloquio diriguntur, etc. The acts of Princes do come to best end, 
Hoveden. Ibid. fol. 326.  when they receive strength and favour from the Sea Apostolic, and are directed by the conference or communication of the Church of Rome. 
King Richard's letter to P. Clement the 3.  And therefore we have thought it convenient to let your Holiness understand, what agreements have been made these days publicly, between the excellent Lord Tancred King of Sicily, and us. And then after recital of all particularityes, he endeth thus: testibus nobisipsis, undecimo die Novembris apud Messanam. We ourselves being witness of this agreement, the eleventh day of November at Messina.  
32. But when K. Richard soon after, departing thence was arrived in Asia, and had begun most prosperously his wars against the Infidels, the Devil envying his good success, stirred up first sedition in England, by means of john the King's brother, who perceiving divers to envy the Greatness of the Bishop of Ely, left governor by the King, and some Bishops also to be in faction against him, began to make great stirs. And on the otherside, the same enemy of mankind casting jealousies between K. Philip of France, and the said King Richard, did separate them at last; whereupon ensued the return of the said King Philip, with intention to invade King Richard's Dominions, and to set up his brother john in his place, as the sequel declareth.  
33. But Pope Celestinus the 3. that had succeeded in the place of Pope Clement lately deceased, 
Pope Celestines letter to the Realm of England.  understanding of the former conspiracy, and faction against the Bishop of Ely in England, wrote a vehement letter against the same, to all the Archbishops, Bishops, and Clergy of England, saying among the rest. Cum dilectus in Christo filius noster Richardus, etc. whereas our dearly-beloved son in Christ Richard, noble King of England, when he resolved by taking upon him the sign of the Holy cross of Christ, to revenge the injury of his redeemer in the Holy land, left the tutele and care of his Kingdom, under the protection of the Sea Apostolic, we that have succeeded in that Sea, have so much the more obligation to conserve the State of the said Kingdom, the rights and honours of the same; by how much greater confidence he placed in our protection: and thereupon hath exposed his person, riches, and people, to greater perils for exaltation of holy Christian religion, etc. Wherefore understanding of certain troubles, lately moved by john Earl of Morton, and certain others combined with him, against your honourable Father William Bishop of Ely, Legat of the Sea Apostolic, and Governor of your Realm. Vniversitati vestrae per Apostolica scripta mandamus, & in virtute obedientiae praecipimus, etc. We do by these Apostolic writings, give commandment to your whole community & Realm, and charge the same in the virtue of obedience, that all men surcease from like practice of conspiration, turmoil, or faction, etc. given at our palace of Lateran, the 4. day before the Nones of December, in the first year of our Popedom. And by this you may see what authority he took himself to have over all England, and Bishops and Princes thereof at that day.  
34. The which is yet more declared, by that which soon after ensued; for that the foresaid Earl john, and other Lords and Bishops combining themselves with him, having proceeded yet further in that quarrel, & by common consent of all the Realm (as it seemed) deprived the said Bishop of Ely of his office of Governor, imprisoned him, and driven him out of England, and elected in his room, Walter Archbishop of Roan, for governor of the Realm, they were no less careful to send presently to excuse, & justify the matter unto Pope Celestinus, than they 〈◊〉 to the King himself for his satisfaction. 
The Bishop of Ely favoured & defended by the Pope and the King.  All which appeareth by a large letter written from Rome to the said Archbishop by his agents, that were there, who advertised him, how evil the matter was taken by the said Pope Celestinus. Dominus Papa (say they) in restri depressione negotij, plurima indignanter, & cum amaritud●ne proponebat, etc. The Pope did propose very many things with indignation, and amaritude of mind to the depression of your affair; iterating many times, that he knew the great affection & confidence of the King of England towards his chancellor and Governor the Bishop of Ely, and that he had seen many letters of the said King in his commendation, but none against him; & that at his earnest instance, the Sea Apostolic had made him also Legate à latere. And that finally, he absolved him from the sentence of excommunication, which the said Archbishop of Ro●● had laid upon him; and for the rest, he would expect the King's inclination, who being soon after taken prisoner in Germany, sent presently for the said Chancellor to come unto him; and made great use of him, for he was not only his interpreter between the Emperor and him, and other Princes, but he sent him also into England, not as Chancellor or Governor, but as Bishop of Ely, to lay the plot for his ransom.  
35. And I might recount many other examples of the same jurisdiction, exercised in England by the same Pope without contradiction of any man, in the absence of the said King, though Earl john the King's brother was present, and very potent among them, and no great friend to the Pope, as by the former letter may be imagined; and who finally did drive out of England the said Bishop of Ely, but yet never objected, or put doubt in the Pope's authority, about any Ecclesiastical matter that there fell out. As for example upon the year 1191. which was the very next after the King's departure, 
Nubergens. reium Angl. l. 4. cap. 17.  Nubergensis living at that time, recounteth, how Geffrey the King's base brother, having been long beyond the seas, suing at Rome to be admitted to the archbishopric of York, and to have his Pall, which Pope Cleme●● would not grant for divers objections, and appealles made against him, as well by Baldwyn Archbishop of Canterbury (as you have heard) as also by others, and namely the Bishop of Ely that was Governor of the land, 
Geffrey the kings brother by authority of the P. made Archbishop of York.  being much against him: yet now upon King Richard's commendation, and his own many 〈◊〉 promises, Pope Celestinus so much favoured him (saith Nubergensis) as he gave him his pall before he was consecrated, and sent him to be consecrated by the Archbishop of Towers in France, commanding him, ut ei, non obstante vel appellatione, vel occasione qualibet, manus imponeret, that he should, by imposition of hands, consecrated him, notwithstanding any appellation, or other occasion whatsoever to the contrary. And so he did: and he came into England, and took possession of the said archbishopric, and enjoyed the same by this authority of consecration and investiture from Pope Celestinus, notwithstanding all the contradiction and opposition of his potent adversaries, as in the same Author at large is set down.  
36. And when not long after this again, the said Archbishop Geffrey requiring Canonical profession of obedience to be made to him, and his Sea, according to custom, at the hands of Hugh Bishop of Durham, who had purchased before of King Richard, an Earldom to be annexed to his said Bishopric; 
Nubergens. Ibidem. cap. 25.  and that the said Hugh refusing to do the same, upon pretence of many causes, appealed therein to the Sea of Rome; the Archbishop not admitting the same appeal, pronounced notwithstanding sentence of excommunication against him: Celestinus the Pope not only revoked the said sentence, but exempted moreover the said Bishop & Bishopric, from the obedience of the said Archbishop and archbishopric of York, as the same author relateth. So as in this he showed his authority in England.  
37. But now let us pass to K. Richard himself, who being valiantly occupied in the wars against the Infidels and enemies of God in Asia, had many crosses fell upon him: First, the falling out and departure of K. Philip of France from that war, as you have heard; who returning into France, began to treat presently with Earl john, to trouble the peace of his brother's territories; and the principal point that combined these two together against King Richard, 
King Richard's fortunes letted by his brother's ambition, & envy of the K of France.  besides the envy of the one, and ambition of the other, was, that both of them were afraid lest Prince Arthure Earl of Britain, son to Geffrey, john's elder brother, should succeed in the Kingdom of England, if any thing should happen to King Richard: (and so the Bishop of Ely had given out, that King Richard himself had written from Sicily) which point was much feared, as prejudicial to them both. Whereupon they made a fast league, and began on both sides of the Sea to trouble the State; which when K. Richard understood, and that Pope Celestin●● 〈◊〉 his letters, and other diligence could not stay them, and that 〈◊〉 grew into sedition at home by partes-takinge, he was forced sorely to his grief, and to the public lamentation of all Christendom to leave that war, and to abandon the victory, that was even now almost in his hand, if he had stayed, as the event also showed; for that soon after died the Saladine, by whose death, there was no doubt, but that King Richard had recovered jerusalem.  
38. But he returning for defence of his own country, fell into great misery. For being taken, as hath been said, by Duke Leopold of Austria, upon pretence of certain injuries received from him & his people in the wars of Asia, he was detained by him, 
King Richard's captivity in Austria.  and by the Emperor Henry the 6. more than fifteen months prisoner, and forced to pay in the end, above two hundred thousand marks for his ransom, partly in present money, and partly in pawns and pledges left for the same; And so after four years absence, the said King returned.  
39 But in this time of his captivity, his chiefest comfort and refuge was in the assistance of the said Pope Celestinus, as may well appear by the sundry letters of many, written unto the said Pope in his behalf; but especially and above others, of the afflicted Lady and Queen his mother Eleanor, who wrote three large letters unto him, by the pen of Petrus Blesensis Archdeacon then of London, 
See Pet. Blesen epest. 144. ad Celest. PP.  that had been Secretary to her husband K. Henry the second: and she beginneth one, saying thus: Sanè non multum ab insania differt dolour: Sorrow truly doth not much differ from madness: And then. Gentes diwlsae, populi lacerati, provinciae desolatae in spiritu contrito & humiliato supplicant tibi, quem constituit Deus super Gentes & Regna in omni plenitudine Potestatis. 
Q Eleanores' complaints unto Pope Celestinus.  These nations here divided in their own bowels, (by absence of their Prince) this people torn and broken in themselves, these desolate provinces do in a contrite and humbled spirit make supplication to you, whom God hath placed over Nations and Kingdoms in all fullness of power. And then again. Moveat te (Sum Pontifex) etsi non huius peccatricis infalicissimae dolour, saltem clamor pauperum, compeditorum gemitu●, interfectorum sanguis, Ecclesiarum spoliatio, & generalis denique pressura sanctorum. Be you moved (o high Priest) if not with the sorrow of me, a most unfortunate sinner, yet with the cry of poor men, with the groans of them that are in fetters, with the blood of them that are here slain, with the spoiling of Churches thereof ensuing, and with the general oppression of all holy people. And yet further: Duo filii mihi supererant ad solatium, qui body (mihi misera & damnatae) supersunt ad supplicium. Rex Richardus tenetur in vinculis, johannes frater ipsius regnum Captivi depopulatur ferro & vastat incendijs. Two only children of many remained unto me for my comfort, which now are unto me (most miserable and damned woman) become a torment. King Richard is held captive in chains, and john his brother doth spoil by sword and fire, the said captives Kingdoms, and dominions.  
40. This and much more to the same lamentable effect, wrote this afflicted mother unto Pope Celestinus in those days, requesting him by Ecclesiastical censures, to compel both the Emperor and Duke of Austria, to set her son the King at liberty. And to this effect hath she many vehement speeches & exhortations unto him; as for example. 
●les. epist. 145.  Nun Petro Apostolo (saith she) & in eo vobis, à Deo, omne regnum, omnisque potestas regenda committitur? Benedictus autem Dominus, qui talem potestatem dedit hominibus: non Rex, non Imperator, aut Dux à iugo Vestrae jurisdictionis eximitur. Vbi est ergo Zelus Phinees? ubi est authoritas Petri, etc. were not all Kingdoms, 
Q. Eleanora her petition to Pope Celestinus.  and was not all power and government committed by God unto Peter the Apostle, and in him to you? Blessed be our Lord, that gave such authority unto men: No King, no Emperor, no Duke is exempted from the yoke of your jurisdiction. And where is then the Zeal of Phinees? where is the authority of Peter, etc.  
41. And again in another epistle. Illud restat, ut exeratis in malesicos (Pater) gladium Petri, quem ad hoc constituit Deus super gentes & regna. Christi crux antecellit Caesaris Aquilas, gladius Petri gladio Constantini, 
Ibid. epist. 146.  & Apostolica Sedes praeiudicat Imperatoria potestati. Vestra Potestas à Deo est, an ab hominibus? Nun Deus Deorum locutus est vobis in Petro Apostolo di cens, 
Matt. 16.  Quodcunque ligaveris super terram, erit ligatum & in caelis; & quodcunque solueris super terram, erit solutum & in caelis? Quare ergò tanto temporetam negligenter, immò tam crudeliter filium meum solvere defertis, aut potius non audetis? Sed dicetis hanc potestatem vobis in animabus, non in corporibus fuisse commissam. Esto: Certè sufficit nobis, si eorum ligaveritis animas, qui filium meum ligatum in carcere tenent. Filium meum solvere robis in expedito est; dummodo humanum timorem Dei timor evacuet. This only remaineth (o Father) that you draw forth the sword of Peter against malefactors, which sword God hath appointed to be over nations and Kingdoms. The Cross of Christ doth excel the Eagles that are in Caesar's banners, the spiritual sword of ●●ter is of more power than was the temporal sword of Constantine the Emperor, and the Sea Apostolic is more potent than any Imperial power or authority. And I would ask whether your power be of God, or from men? Did not the God of God's speak● to you in Peter the Apostle, saying: Whatsoever you shall bind upon earth, shall be bound in heaven, and whatsoever you shall lose upon earth shall be loosed in heaven? And why then do you so negligently, yea cruelly, delay for so long time to lose my son? or rather why dare you not to do it? Perhaps you will say, that this power given you by God (of binding and losing) is for souls, and not for bodies. Let it be so. Truly it is sufficient for us, if you would bind the souls of those, that hold my sons body bound in prison. And finally I know, that it lieth in your power to lose my son, if the fear of God may evacuate in you the fear of man.  
42. Thus wrote this afflicted Queen unto Celestinus the Pope; and the same wrote divers other great personages at the same time, 
Epist. 6●. ad Celest. ●P.  as may be seen in the said Petrus Blesensis: and among others, the foresaid Gualterus Archbishop of Roan and Governor of England, 
The speech of the Archbishop of Reane in K. Richard's behalf concerning S. Peter's power.  a man of great authority, learning and wisdom, who after many reasons concludeth his Epistle thus. Exerat ergo beati Petri gladium manus vestra (Clementissime Pater) quid & quantum tanto filis debeatis, exhibeatis in opere, ut experientia mediant, addiscant minores & inferiores filii, quantum à ●obis auxilium in suis necessitatibus debeant expectare. Let your hand then (most Clement Father) draw forth the sword of Peter, and do you show by works, how much you owe unto so great a child, (as is K. Richard) so as by experienc●, your lesser and lower children may learn, how much help they may expect from you in their necessities. So he.  
43. And by this may appear, what opinion men had in those days of the Pope's authority: and let the Reader here mark, as also M. Attorney, how usual a phrase it was at that time, to name two distinct swords, the one of Constantine, the other of Peter; th● one temporal over bodies, the other spiritual over souls; and th●● the later was the greater and higher. Which was the speech also and phrase of King Edgar before the Conquest, and of the Conqueror himself in his laws (if you remember) & is now here used again, and so was ever after, until King Henry the 8. as by this our deduction will appear. 
Sap. ●●p. 6. 〈◊〉 10.  And only this phrase of speech, and common belief of all our Kings and Country from time to time, that there were two distinct swords or powers, one temporal in the Prince, and the other spiritual in the Pope, 
A manifest inference upon the premises against M Attorney.  is sufficient to overthrow M. Attorneys whole Book, though nothing else were said to it beside, the purport thereof being (as hath been seen) to prove, that either no such distinction of sword & powers is to be admitted, or that both are equally in the temporal Prince, and so used and exercised by our ancient Kings of England.  
44. But now you see the vanity (in truth) & absurdity of that Paradox refuted by all this here set down, concerning K. Richard: and many examples more might be alleged during his reign, after his return again to England, who meaning to evacuate the alienation of many things sold, lent, or empawned before, for his going to jerusalem, caused himself to be crowned again in Winchester; reducing all things to a new order, and among others he set down, Capitula placitorum Corona Regis. The heads or chief branches of pleas, 
Hou●d in ut. R●●●. 1. fol. 445.  that belong to the King's Crown, or Courts: wherein nothing at all is contained concerning Ecclesiastical affairs, but only De advocationibus Ecclesiarum, quae sunt de donatione Regis: Of the advowsons of such Churches, as are of the King's gift; that is to say, whereof he had Ius Patronatus. 
How small and little spiritual jurisdiction King Richard pretended.  Which is a small spiritual jurisdiction, if we consider it well, and may be in any secular man whatsoever, that buildeth or foundeth a Church. And Matthaeus Parisiensis speaking of the Church of Normandy under K. Richard, commendeth him highly for delivering the said Church de longo servitutis iugo, from a long yoke of servitude, which secular men by little and little had brought in upon her under other Kings and Dukes, by often drawing Clergymen to secular judges and tribunals, 
Paris. i● vit. Rich. 8.  invadinge their goods, restraining their liberties, breaking their privileges, and the like. All which the said Author saith; Ipso glorioso Rege Richardo annuente, & omnia disponente, emendata sunt: Were amended by the consent of glorious King Richard, who disposed all things himself, to the restitution of the ancient liberties, & freedom of the said Church of Normandy.  
45. It were over long to run over many other examples, which might be alleged to this effect for proof of King Richard's true Catholic devotion towards the Church; as also of his acknowledgement and obedience to the authority of the Sea of Rome, in all Ecclesiastical affairs, during his life and reign. There are 4. or 5. epistles exstant in Hoveden, written to divers parties by Celestinus the Pope, which he wrote one soon after another, concerning the forenamed Geffrey Archbishop of York, citing him to Rome to answer to certain accusations, laid against him by his Canons and others, accusing him among other things. Quod ●enationibus & aucupio totius animi studium applicabat; 
Hunting and hawking reproved by the Pope in our English Bishops.  That he applied his whole mind hunting and hawking. And again; De inhonesta vita, & inutili conversatione: They accused him of dishonest life, and unprofitable conversation. For which though he were the King's brother; yet not making his appearance in Rome, nor lending his lawful defence or purgation thither, he was suspended by the said Pope's Bull: and the King was so far of, from taking it evil, 
●●u●d. in vita Ru●ar. 1. fol. 428.  or defending him, as he caused the lands and possessions of his Bishopric to be seized on. Praecepit illum dessesire (saith Hoveden) de Episcopatu suo, & de Vice-comitatu Eboraci. He commanded him to be dispossessed of his archbishopric, and of the Vicountship of York.  
46. But afterward Celestinus being dead, and Innocentius the third succeeding him in the Popedom, and the said Geffrey amending his manners, as may be presumed; Misit literas suas deprecatorias, ad Richardum Regem, etc. The said Pope Innocentius sent his letters to K. Richard of England, requesting and exhorting him, by Fatherly admonition, 
Ibid. fol. 176.  that he would receive into his love and brotherly familiarity again, the said Archbishop at his request, and suffer him in peace to return to his Bishopric, for that otherwise he should be forced, to use Ecclesiastical Censures against the said King and his Kingdom. Unto which petition joined with some commination, as you see, the King obeyed, sending diuer● Bishops unto the said Archbishop (whose names Hoveden setteth down.) In spiritu humilitatis postulantes ex part Regis, ut ipse ratas haberet donationes, quas fecerat Rex in Eboracensi Ecclesia; & Dominus Rex redderet ei Archiepiscopatum suum cum omni integritate etc. These Bishops were to demand in the spirit of humulity on the King's behalf, 
Geffrey restored to his Bishopric by Pope Innocentius.  that the said Archbishop would ratify, and make good all the donations or gifts, which the King had bestowed in the Church of York (during the time he had withheld his archbishopric) & that there upon the King would restore unto him his archbishopric with all integrity. But the Archbishop demanded first of these Bishops sent unto him, whether they would under their hands and writings assure him, that he might do it in conscience, but they refusing, he refused also to grant the King's request, and thereupon appealed again to Rome, and went thither in person; and the King, on his side, sent Proctors and Advocates thither to plead for him, as Hoveden at large declareth. And moreover to bridle him the more, he besought the Pope to make Hubert then Archbishop of Canterbury Legat of the Sea Apostolic over all England.  
47. And again, both this Author and Nubergensis do declare, how the foresaid Walter Archbishop of Roan that had been so great a friend of K. Richard ever since the beginning of his reign, and had gone with him to Sicily, and returned again to England, for pacifying of matters between the Bishop of Ely, that was Governor, the Earl john; and moreover had also been Governor of England himself, & after King Richard's Captivity had not only laboured for him, as you have heard by his letter to the Pope, but went also in person to assist him in Germany, and remained there in pledge for him: this man (I say) receiving disgust at length from the said King, 
Disgust & appeal of the Archb. of Roan against K. Richard.  for usurping upon certain lands, and liberties of his in Normandy, he broke with him, appealed to the Pope, went to Rome against him; and the King was forced to send Ambassadors to plead for himself there against the other, who pleaded so well (saith Nubergensis) alleging the King's necessity for doing the same, as the Pope took the King's part, and told the Bishop openly in public Consistory, that he ought to bear with the King in such a necessity of war, which being once past, matters might easily be remedied. And thus much for the Pope's authority acknowledged and practised, during the reign of this King Richard the first, out of which M. Attorney found no probable instance at all, to be alleged to the contrary, and therefore made not so much as mention of any.   

OF THE REIGN OF KING JOHN, Who was the seventh King after the Conquest. §. III.  

This King began his reign an. 1199. and reigned 18. years unto an. 1216.  48. Of this King, being the last son of K. Henry the second, we have heard much before, under the name of Earl of Mor●●●, which may declare unto us, the quality of his nature and condition; to wit, mutable and inconstant, but yet vehement for the while, in whatsoever he took in hand; indiscreet also, rash, and without fear to offend either God or man, when he was in his passion o● rage. This appeareth well by his many most unnatural and treasonable actions, against his kind and loving Father whilst he lived, whereby he shortened his said Father's life, as before hath been related. 
Variableness of K. john.  And the same appeareth yet more in a certain manner, by his like attempts against his own brother, both when, and after he was in captivity; which brother notwithstanding had so greatly advanced him, and given him so many rich States in England, as he seemed to have made him a Tetrarch with him (say our English authors) that is to say, to have given him the fourth part of his Kingdom, which notwithstanding was not sufficient to make him faithful unto him.  
49. This man then succeeding his brother Richard, with whom he was beyond the seas when he died, laid hands presently on the Treasure and fortresses of his said brother, and by the help of two Archbishops especially, to wit Walter of Roan in Normandy, and Hubert of Canterbury in England, he drew the people and nobility to favour him, and was crowned first, Duke of Normandy by the one, and then King of England by the other, when he was 34. years old, and held out in the said government with great variety of state and fortune for 18. years old together. The first six with contentment & good liking of most men, the second six in continual turmoil, vexation, and with mislike of all; and the thi●d six did participate of them both, to wit, good and evil, though more of the evil, especially the later part thereof, when his nobility and people almost wholly forsaking him, did call in, and crown in his place Lewes the Dolphin & Prince of France, 
The pretences of the Dolphin of France to England.  pretended to be next heir by his wife the Lady Blanch, daughter to the said K. john's sister, Queen of Castille, which brought K. john to those straits, as he died with much affliction of mind, as after you shall hear.  
50. To say then somewhat of each of these three distinctions of time, noting some points out of them all that appertain to this our controversy with M. Attorney: you have heard in the end of K. Richard's life, 
K. john's obeying, the Sea Apostolic.  how Walter Archbishop of Roan appealed to Pope Innocentius against the said King, for seizing upon certain lands of his, and namely the Town of Deep, which Innocentius commanding to be restored, K. john obeyed, and made composition with the said Archbishop upon the year of Christ 1200. which was the second year of his reign, as Hoveden reporteth; 
Houed. 2. part. Annal. fol. 458.  restoring him Villam de Depa cum pertinentijs suis, The Town of Deep with the appurtenances: and divers other things, which the said author setteth down, showing thereby the obedience of K. john to the Pope's ordination.  
51. Moreover there falling out a great controversy between Geffrey Arcbishop of York, K. john's brother, 
K. john pretended no supremacy Ecclesiastical.  and the Dean and Chapter of the said Church, and both parties appealing to Rome, Pope Innocentius appointed the Bishop of Salisbury, and Abbot of Tewxbury to call them before them in Church of Westminster, and determine the matter, & so they did, & made them friends; the King not intermeddling in any part thereof, though the matter touched his brother, and concerned his own Ecclesiastical supremacy, if he had persuaded himself, that he had had any. And the very same year the Bishop of Ely, and the Abbot of S. Edmundsbury were appointed judges by the said Pope, in a great cause between the Archbishop, and monks of Canterbury, which they determined publicly, Vt judices à Domino Papa constituti: (saith Hoveden) as judges appointed from the Pope, without any dependence of the King at all, though their chief controversy was about the privileges and proprieties of lands, lordships, and officers of theirs, to wit of the said Archbishop and Monks.  
52. And whereas the foresaid Hubert Archbishop of Canterbury with the rest of the Bishops, summoned a general Synod in England for ordaining many things, according to the need or necessity of the English Church; and the King by evil 〈◊〉 sail of some, went about to let the said Synod, forbidding the same by his supreme justicer (which was the highest power at that time under the King) the said Archbishop admitted not the prohibition: 
A council h●ld against the king's prohibition.  Archiepiscopus (saith Hoveden) generale celebravit Concilium Londonys apud Westmonasterium, contra prohibitionem Gaufredi filii Petri Comitis de Essexia, tunc temporis Summi justiciarij Anglia. The Archbishop did celebrate a general Council at Westminster in London, against the prohibition of Geffrey the son of Peter Earl of Essex, which at that time, had the office of the chief justicer of England. So as we see, that they followed not the King's inclination in this spiritual affair, but held their Council, and finished the same, notwithstanding the former secular prohibition of the supreme justicer. And Hoveden that was then living, setteth down all the Canons and Ordinances at large of the said Council, which had these words in the end of every one severally repeated: Saluo in omnibus Sacrosanctae Romanae Ecclesiae honore & privilegio: saving in all points, the honour and privilege of the holy Church of Rome: Which was the sooner added for that the general Council of Lateran in Rome, was shortly after to ensue, which might add, take away, or alter whatsoever should seem best to the Decrees of this national Council.  
53. Neither is there read any thing to have been done or said against this by the King, though it is like that some of his Counsel did egg him against it, as may appear by the said prohibition of his justicer before mentioned. Nay, not only was K. john obedient to the Church & her authority at this time; but otherwise also showed himself very devout & pious by many ways: to which purpose among other things, it is recorded by this author, 
Houed. in vi●. joan. fol. 461. The piety of K. john in the beginning of his reign.  that when S. Hugh Bishop of Lincoln, who was held for a great Saint all days of his life, lay on his deathbed at London, King john went unto him to visit him with great devotion, and confirmed his testament, which he had made of his goods in favour of the poor, and promised moreover to God in his presence, that during his life, he would always confirm and ratify the testaments of English Bishops, and Prelates made to that effect.  
54. And the same author recounteth furthermore, that n●● long after this, the King being at Lincoln, twelve Abbots of the Order named Cistercienses, coming unto him, fell down at his 〈…〉 of his 〈…〉ence, all their cattle 〈◊〉 in the same 〈…〉 whom the King said, that they should rise up; 〈…〉 (saith our author) divina inspi 〈…〉, cecidit 〈…〉 omiam postulant, etc. And then the King himself, by the inspiration of God's holy 〈◊〉, 
K. johne humility and liberality.  fell down upon 〈◊〉 on the ground before their feet making them pardon, for the injury done to them by his officers. And from that day forward he granted them, that all their 〈◊〉 should feed freely in his forest: And moreover he willed them to seek out a fit place in the Kingdom, where he might build them a monastery for his devotion, and so he did: founding both that and 〈◊〉 others, as the monasteries of Farendon, ●●●●ayles, 〈◊〉, and W●●x-hall● so as if he had continued in the course of piety and moderation in life, he had been a notable King towards which he had many good parts.  
55. But about the 7. or 8. year of his reign, he began greatly to change his conditions to the worse part●, which some ascribe 〈◊〉 to the death of Queen Eleanor his mother, upon the sixth year of his reign, 
K. Io●ns mutation to the worse.  to whom he bare respect as long as she lived, and her death was thought to be hastened, by the affliction she took of K. john's cruelty towards Arthure Earl of Britain her Nephew, who being a goodly young Prince of 17. years old, was made away in the Castle of Roan, in the year 1203. by poison, 
See walsing. in ●pedig anno. 1204. and Math. Paris anno. 2215.  as some men think; but as the King of France maintained before Pope Innocentius, he was slain by K. john's own hands, and his younger sister carried prisoner into England, & kept in Bristo● Castle, where she pined away; though both these pretended to be nearer the Crown of England, then K. john himself, for that they were the children, of his elder Brother Geffrey, by marriage Earl of Britain.  
56. From this beginning then of domestical blood, K. john fell into his other rages of dis●re●●●● life, and namely against the Church and Churchmen 〈◊〉, whereof this particular occasion fell ou●● that the foresaid 〈◊〉 Archbishop of Canterbury being dead, upon the you●● 〈…〉 the King desiring to prefer to that 〈◊〉 one john Grace Bishop of 〈◊〉 whom he great●●● 〈…〉 principal monks of the 〈…〉 election appertained, to 〈…〉 for that 〈…〉 Canterbury, to further that election by his own presence. And the monks 〈…〉 cretly, they had chosen another before, whose name was 〈◊〉 Subprior of the house; and with the same secrecy had 〈…〉 away towards Rome for his confirmation, with oath 〈◊〉 should not disclose himself until he came thither: yet 〈◊〉 lie upon offence taken with him, for discovering himself 〈…〉 election in Flaunders, and partly upon the instance and 〈…〉 the King present, they chose the said Bishop of Norwich 〈◊〉 him his letters of election in like manner, with which the King presently sent him away to Rome, adjoining special messengers of his own, to commend him to Pope Innocentius, by all me●●es possible for his admittance.  
57 But the Pope seeing two elections made by the monk●●● 〈◊〉 two several men, and that the Covent was divided upon the matter; he persuaded them for concords sake, to choose a 〈◊〉 and to leave the former two, and so at last they did, and tooke● certain English Cardinal then in Rome, named Stephen Long●●● a man of great learning, and most commendable life, but not known or liked by the King, 
The first occasion of K. john's breach with the Church & churchmen.  both for that he had been brought up in the universityes of France, and not of England; and for that the King could not brook, that the election which he had ●●●cured, with so great diligence of the Bishop of Norwich, should be rejected; whereupon he fell into so great distemper of passion, as was lamentable. For first, having made proclamation, that the said Cardinal elected Archbishop, and confirmed by the Pope, and sent into France, should not come into England, 〈◊〉 received by any man under pain of death; he sent his officers to Canterbury, to seize both on the lands of the archbishopric, ●● also of the monks, and to drive them out of the Realm, with all the shame and vexation that might be; and so they did. And the said expulsed monks, were forced to fly over the sea to 〈◊〉 and lived for the time in the monastery of S. Berlin in that Ci●●● and the King commanded to be put into that Covent 〈◊〉 religious men of the order of S. Angustine: and more than this 〈◊〉 to that exasperation against all Clergymen, 
Great offence and indignation of K. john against Clergy men.  as he seized 〈◊〉 most part of their goods throughout all England. And 〈◊〉 Pope Innocentius wrote divers letters to pacify him, 〈…〉 angrily to him again. Affirmae●s (saith our 〈…〉 electione simul & promotione N●rvicensis Episcopi, 〈…〉 revocari. Affirming that he could not be 〈…〉 〈◊〉 and promotion of the Bishop of Norwich, whom he understand to be profitable unto him. Quod pro libertatibus Corona sua ●●abit 〈◊〉 fuerit, usque ad mortem. 
Houed. Ibid.  That he would stand (if need should be) for the liberties of his Crown, even unto death. Et si de prae 〈◊〉 fuerit exa●ditus, omnibus Roma●● petentibus maris semitas angu 〈◊〉. That if he may not be heard in the premises, he threatened to ●●●iten the passage of sea to all them, that would go to 〈◊〉. So he.  
58. In all which we see, notwithstanding his great displeasure taken, he doth not deny the Pope's authority spiritual, nor ascri 〈◊〉 the Supremacy thereof unto himself; but only standeth upon the liberties of his Crown, which was, as there he signifieth, that the Archbishop of Canterbury, should not be chosen without his consent or li●●ing, though the election thereof he took not to himself, but left it free to the said monks, to whom from the very beginning of Christianity in England, the said election appertained. And truly, many godly and wise men at that time did wi●h, that Pope Innocentius had not stood so hard with K. john in 〈◊〉 point as this was, 
Many wish that Pope Innocentius had dealt more mildly with K. john.  for contending him with a person grateful unto him in that archbishopric: For from this disgust proceeded all the disorders and miseries, that afterward ensued, as namely the Kings raging against all the Clergy, the particulars whereof are strange and lamentable; the interdict of the whole Realm that lasted for five or six years, without celebrating of divine service in the Churches; and finally the excommunication of the King himself, and other infinite troubles thereof ensuring: the said King so raging on the otherside for divers years together, as he seemeth not to be well himself, specially after he saw his Nephew Otho to be deprived also of the Imperial Crown by the said Innocentius.  
59 Many strange acts are recounted of K. john in this time, as for example, that he sent from time to time, to all noble men and gentlemen, whom he any ways suspected to be offended with him, commanding them to give him for pledges, their sons or daughters, or next of l●yn? And for that the wife of one Wil●●●● Erause Bar●●, cast out a word that she doubted; lest her children might be used by Duke Geoffrey's children were, to wit 〈…〉, his 〈◊〉 the King sent to apprehend them all, 
Extreme acts of K. john in his indignation.  and they 〈…〉, he 〈◊〉 them so hardly, as he took 〈…〉, and caused them to be starved to death in Windes●r castle. 
Paris. in vit. joan. an. 1210.  And the same author of ●●●●ris, who lived at that time writeth the King's fury to h● 〈◊〉 great, & to commit such horrible acts of cruelty: ut 〈…〉 extuteret Tyrannorum. That it would make even Tyrants to 〈◊〉 & he addeth further: Muk●rum nobiliam uxores & s●ti● appr●●●●● 〈◊〉 did oppress and use violence not only to the lands, good●, 〈◊〉 honours of noble men; but to their wives and daughter 〈◊〉. He telleth further, that being one day at Nottingham, and 〈…〉 that the Welshmen began to stir, he commanded to be brought forth 28. fair young children, which he had for pledges of the chiefest nobility of that nation, 
Paris. Ibid. an. 1212.  and all to be hanged together upon one gallows in the year 1212.  
60. He caused in like manner; all the jews through 〈◊〉 glaud, both men, women, and children, to be taken and ●●●●●ted, to know where there money was, who commonly 〈…〉 the violence of the said tortures, gave him all that they had, and more too. And when in Bristol, they had tortured one by 〈◊〉 sorts of torture; the King gave this sentence upon him, that e●ery day he should have one of his teeth pulled out, with the 〈◊〉 test despite and torment that might be, until he had paid 〈◊〉 ten thousand marks of money; and when the jew had 〈◊〉 seven teeth to be so pulled out in seven sundry days; 〈◊〉 to avoid the torment of the eight tooth, bound himself to pay the ten thousand marks.  
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 slain a Priest upon the high way, said unto them, It is no matter, he hath killed an enemy of mine, let him go●●●●; and so they did. And at another time being at Oxford, and ●●●ring that a certain Clerk by mere chance, had 〈◊〉 woman to death and thereupon fled, and the justice having 〈◊〉 three other Clerks whom they found dwelling in the 〈◊〉 house, though utterly guiltless of the fa●●, the King compounded them all three to be hanged. 
Math Paris Ibid  And moreover when the semidome was put under interdict: Rex quasi in f●riam v●●sus (saith 〈◊〉 author) in verba blasphemia pr●●upit, iura●per 〈…〉 & 〈◊〉 King being turned as it were into fury, did 〈…〉 blasphemous words, swearing by the teeth of God● 〈…〉 ●●●soeuer he should find any Romans in any of his land● he 〈◊〉 〈…〉 to Rome, with their eyes pulled out, and nosthrels 〈…〉 He spoke also words as though he believed not the resurrection of the next life. So 〈◊〉 our Author.  
62. But above all fury and wickedness, was that resolution which he took soon after, 
Paris anno. 1213. in vit. joan.  to wit, upon the year 1213. when he sent Sir Thomas H●●thington, and, Sir Ralph Nicholson Knights and Sir R●●●rt of London Priest, for his, Ambassadors to the great Ma●●●●●●, King of Africa, Morocco, and Spain, named Miramumilinus, offering to be of his religion, and to make his Kingdom tributary unto him, 
King john offered subjection to the K. of the Moors.  and to be his vassal & hold it of him, if he would 〈◊〉 with an army by sea to assist him. But when the said Ma●●●●●tan great Prince, being a very wise man, informing himself of the particular● of his person & state, showed contempt thereof, 〈◊〉 also of his offer, (as our Author, that spoke with one of the Ambassadors setteth down at large) K. john took another resolution, and passed to the quite contrary extreme, resolving not only to obey the Pope in spiritual jurisdiction, but in temporal also, and to make his Kingdom tributary, and feudatory to the Sea of Rome, 
The strange contrariety of King john.  by payment of a thousand marks every year there unto; which he bound himself and his heirs to do, under a 〈◊〉 large Charter, sealed with the great seal of England in gold, sending the same to Rome to Pope Innocentius, upon the year 1214.  
63. And by this, and other such tokens of his hearty conversion and sorrow for things past, he so gained the said Pope, that survived him, as he had him his most earnest defender, all days of his life after, both against the King of France, & his son Prince L●wes, and the Barons of England, that made war against him. All whom, he first commanded to surcease their said wars and emnities against the said K. john, 
The aydea that King john received from P. Innocentius.  and then for that they obaied not, he threatened and ●enounced excommunication against them, and besides this he sent his Legate named Waell● to be with K. john, and assist him in person in all his needs and necessities which was no small help and comfort unto him in those distresses. And final in after his death he was a principal cause why his young son Henry the ●. was admitted for King, notwithstanding the Barons firm resolution, promise, and oath to the contrary, and that Prince Laws was forsaken, and forced to 〈◊〉 of England the said Lega● being made general Governor both of the King and Kingdom for that present, together with the Earl of 〈◊〉 Lord Marshal of the land.  
64. And as for the said Barons, that so resolutely stoods 〈◊〉 K. john and his succession, their cause was about the privileged and laws of the Realm, as well concerning the Glergie, as lay men, which were the same privileges, as they affirmed, that were granted and set down in King Edward's days the Confessor, confirmed by the Conqueror, allowed & published again by K. Henry the first, and not disallowed by this man's Father K. Henry the 2. in witness whereof, they produced a Charter of the said K. Henry the first. All which liberties, laws, and ordinances K. john promising them at his first reconciliation, to give gr●in● and ratify, was urged afterward by them to publish the same ●● writing, under the great seal of England, as he did at Oxford in the presence of all his nobility, in the 17. year of the said King's reign, which was the next before his death, syaing in the 〈◊〉 writing. Ex mera & spontanea a voluntate nostra concessimu, & Char●a●●stra confirmavimus, & eam obtinuimus à Domino Papa Innocencia confirm●n; quam & nos obseruabimus, & ab haredibus nostris in perpetuum bona fide 〈◊〉 observari. 
The church-liberties confirmed by K. john and the Pope.  We have granted out of our own mere & free good will, & have confirmed the same by our Charter, and have contained of Pope Innocentius, that he confirm the same also with his assent; which Charter both we shall observe ourselves, and will have to be observed faithfully by our heirs for even behold, that K. john doth not only confirm these liberties himself, but procured the same to be confirmed also by Pope Innocentius for more stability. And the beginning of the said liberties it thus set down; Quod Anglicana Ecclesia libera sit, & habeat iuras●● integra, suas & libertates illasas, & maximè libertatem electionum, q●● maximae & magis necessaria reputatur Ecclesia Anglicunae. 
Paris. an. a● 15.  That the English Church be free, and have all her rights whole, and all h●● liberties inviolate, and especially her liberties of elections (〈◊〉 choosing her Prelates) which is held to be the greatest and most necessary to the English Church. And then follow the oth●● liberties of Barons, noblemen, and the common people.  
65. And for that it was understood, that, notwithstanding these two grants and confirmations of these laws and privileges, K. john by the counsel of certain strangers, that wee●●bout him of his Countries in France, was persuaded to 〈◊〉 the same again, and to inform the Pope wrong full●e 〈◊〉 intentions of the said Barons, as though they mean not so 〈◊〉 the conservation of these privileges indeed, a●●●so●● 〈◊〉 Kingdom to the King of F●●nce, and the Pope inclining to be●●u●e him the said Barons were so much exasperated thereby, as they made the vow before mentioned, never to obey him, or his anymore. And thereupon calling over the said Prince Lewes of France, gave him London and all the South-parts of England; and would have gained him the rest in like manner, if the Popes resistanes had not been so great, and K. john had not died at that very instant, in the heat of all the war: not poisoned by a monk (as foolish john Fox doth affirm, and set forth in many printed and painted pageants of his book) but upon grief of mind, 
See Fox & his pageants of the toad skinned to prepare the poison, with other circumstances pag. 133. of his Acts and monuments.  travail and disorder of diet, as all ancient authors by uniform consent do agree. And john Stow citeth four that lived in K. john's days, to wit? Matthew Paris, Roger Wyndover, Ralph Niger, and Ralph Gogshall, in their histories of that tyme.  
66. Wherefore to conclude this Chapter of K. Henry the second, and of his two sons, we see how firm they were all three in this belief and acknowledgement of the Pope's spiritual authority over all the world; and no less over England in those days; and how fully the same was in practice among them. And that albeit in some cases & causes, wherein they received some distaste, they struggled sometimes about the particular execution thereof, indeauoring to make some restraint, especially when it seemed to stretch indirectly also to temporal affairs; yet did they never so much as once deny the said Ecclesiastical supremacy to be in the Sea of Rome, and much less did ever ascribe it to themselves: which so clearly overthroweth M. Attorneys position, as I marvel what he will say to these and like demonstrations.  
67. And for that his often repeated ground is, that Queen Elizabeth had her supreme authority in cases Ecclesiastical, according to the ancient common laws of England: hitherto he granteth that there was no Statute-lawes at all by Parliament, 
All ancient English laws against M. Attorney.  until the ensuing King K. Henry the third. And for other laws, we see here what they were by the testimony of the Bishops & Barons of England, under the Charters both of 〈◊〉 K. Henry the first, and other Kings upward unto K. Edward the Confessor, to wit all in favour of the Church, her liberties, ●●nquises, and privileges; which liberties (as other where I have noted, and must often hereafter do the same) do infer our conclusion of Ecclesiastical and spiritual jurisdiction, subordinate to the Sea of Rome, and wholly distinct from temporal power, and do overthrow M. Attorneys assertion for the said spiritual 〈…〉 those liberties were (as they were) that 〈…〉 should have jurisdiction in 〈…〉 ctions, choice of Prelates, of the 〈…〉 liberties are mentioned, cited; allowed● 〈…〉 by any King (as you shall see they were by 〈…〉 them, unto K. Henry the 8.) so often receiue●● 〈…〉tion, and his whole new books, an open out 〈…〉 field; And thus much of K. john.    

OF KING HENRY THE THIRD That was the eight King after the Conquesting And the first that left Statutes written: And wha● instances and arguments M. Attorney allegeth out of him for his purpose. CHAP. X.  

K. Henry the third began his reign 1216 and died anno. 1●7●. having 56. years.  HITHERTO have we passed over six hundred 〈◊〉 since our first English king rece●ued and thereby put themselves under the of 〈…〉 Bishop's depending thereof, for 〈◊〉 of their 〈◊〉 Which Spiritual 〈…〉 have been ever believed, 〈…〉 both Kings, and Subject from the 〈…〉 their laws, and continued by so 〈…〉. Which as it hath been declared 〈…〉 proofs, & demonstrations, so 〈…〉ted many other for brevityes sake; the 〈…〉tion being so apparent, as there was 〈…〉 co●firme the same; whereas on the contrary side M. Attorney showeth himself so poor, weak, needy, & naked in his proofs, as he hath alleged only hitherto but four instances or examples out of all these six hundred years, that may seem somewhat to favour him, though indeed they do nothing at all, as in their places hath been declared. But now from this King downward we shall have somewhat more store laid together by him out of pieces or rags of Statutes, though as little effectual to prove his purpose, as the other before recited and refuted.  
2. To begin then with young K. Henry, who was but entered into the tenth year of his age, when the sceptre was delivered unto him, and reigned somewhat more than 56. years. He was crowned at Gloucester after the death of his Father, by one part of the Realm, that followed him, and this especially, as hath been said, through the presence & authority of the foresaid Wallo Pope Innocentius his Legate, 
The coronation & beginning of King Henry the third.  who earnestly persuaded and invited all sorts of people, to follow and obey this young King, and to forsake Prince Lewes of France, that had London and the Southpartes of England delivered unto him. And finally denounced excommunication upon all those that resisted this K. Henry, & thereby drew at length all the Lords and Barons of England in effect, to return unto him; and was chief Governor, both of the said King's person and Realm for a time, together with some of the English nobility, as before hath been declared.  
3. Neither shall it be needful here to set down the particulars of his said Coronation, with the ordinary oath, which all Kings took humbly upon their knees, before the high Altar, and upon the holy Evangelists, to maintain the liberties of the Church, and to do justice to all sorts of men; which for me we having set down in the life of K. john this man's Father, & some other Kings before, may serve for an example of all the rest. Only there is to be noted, as particular in this man's coronation, that presently after his said oath, he added this clause, as Matthew Paris setteth it down: 
Math. Paris in vit. Hen. 3. an. 1216.  Deinde fecit homagium Sancta Romanae Ecclesiae, Innocentio Papae, etc. Then he did homage to the holy Roman Church, 
Temporal homage done to the Sea Apostolic by King Henry the third.  and to Innocentius the Pope thereof, for his Kingdoms of England and Ireland, & swore that he would faithfully pay every year those thousand marks of tribute, which his Father K. john had given unto the said Church, etc. Which is the first solemn homage that we read to have been made by any King for temporal obedience unto the Church of Rome in their coronation. For albeit K. Henry the 2. in his sorrowful epistle before mentioned to Pope Alexander the 3. when he was in his greatest affliction, wrote, as Petrus Blesensis setteth it down, 
Bless epist. 136. ad Alex. PP.  who was his secretary: Vestrae jurisdictionis est Regnum Augliae, & quantem ad seudatorij juris obligationem, vobis duntaxat obnoxius teneor & astringor. The Kingdom of England is of your jurisdiction, and to you only am I bound as subject, for so much as appertaineth to the obligation of feudatorie right: yet is this by most men understood, to be meant by that King, either in respect of that ancient voluntary tribute before mentioned of peterpence, or else of some particular agreement made between the said Pope Alexander and him, upon the controversy about the death of S. Thomas of Canterbury.  
4. But we read no such thing continued by his sons after him, until K. john upon the occasions before specified, made this new covenant, as hath been declared. Which yet afterward upon the year of Christ 1245. and 29. of this King's reign, when a General Council was gathered by Pope Innocentius the 4. at Li●● in France, Walsingham writeth that four noble men, 
Walsing●m in 〈◊〉 Nous●ria anno. 1245.  together with the King's advocate or attorney William Powycke, were sent by the King & common consent of the Realm to the said Council and Pope, to contradict the said ordination and concession of K. john, as a thing, that he could not do without the consent of his whole Realm, for many reasons which they alleged. And so we see, that in this very contradiction, what respect they bore, 
Ibidem.  ●oth to that Council, and head thereof Innocentius the 4. to whose judgement they were content to remit the matter. And the Pope's answer was (saith Walsingham) Remindigere m●r●sa deliberatione, that the thing required a long deliberation: and so left the matter in suspense for that time.  
5. But to return to this young King again, who being first, as hath been said, under the Government of the Pope's Legate, & the Earl of Penbroke, high Marshal of England, and after his death, 
K. Henry obtaineth of the P. to be accounted of full age.  which was upon the 4. year of the said King's reign, & the Legates departure, he was wholly under the government of Peter Bishop of Winchester, until the year of Christ 12●3. and y. of his reign; at what time being 17. years old, and feeling in himself a great desire to govern (as young Princes are wont to do) thought to obtain the same by the Pope's authority, and so sent privy messengers to Rome, to Pope Honorius the 3. (saith Matthew Paris) and requested at his hands, 
Paris in 〈◊〉 Hen. 3. an. 122●.  for many reasons, that he might be declared able to govern of himself, together with his counsel, and to receive into his hands, all those castles & lands which divers of his Barons did hold in his name, from the time of his Father's death. Which thing was granted him, and the Pope's Bull sent to the Archbishops, Bishops & Barons about the same, with authority and commandment, to compel them by Censures to do the same, if any should refuse.  
6. And two years after this again, when he was 19 years old, he calling a Parliament, did decree and publish the famous great Charter called Magna Chaerta, for the privileges of the Church, as also the Charter of Forests, for the nobility and common people: and many other things did happen in this time of his youth and nonage, 
The beginning of the great Charter for church privileges.  which do evidently declare his dutiful respect unto Ecclesiastical power, and especially to that of the Sea Apostolic, not assuming to himself any piece or parcel thereof. And this might we easily declare by many examples, wherein he proceeded as he was taught, both by the presidence of his ancestors, and by the common induction of religion, and practice of all Christian Princes in those days; and this as well after he came to full age, as before, and so continued unto his dying day.  
7. And for that this man's reign was large, and of many years, as hath been said; and if I should stand upon particular proofs, and examples of his acknowledgement of the supreme authority of the Sea of Rome, and practice thereof, in all occasions, it would be overlong and tedious: & therefore it shall be sufficient for the indifferent Reader, to consider these points following.  
8. First, that we having proved the said acknowledgement in all former Kings; it is not like that this deflected, or went aside from their steps; or if he had done, it would (at least) have been noted, wherein, and in what points, and some records remain thereof, as there do of other points, which were any way singular in him. Secondly we find this King, much commended for pious devotion by ancient writers, and namely by Thomas Walsingham, 
Walsingh. in vi●a Edward's prim●● initi●. E●ypodig. N●u 〈◊〉 an. 1274.  who in the beginning of K. Edward the first his life, giveth a brief note of this King Henry's life and death, saying first of his sickness and death, that being at the Abbey of S. Edmundsburie, and taken with a grievous sickness, there came unto him divers Bishops, Barons, and noble men to assist him and be present at his death; 
The devout behaviour of K. Henry 3.  at what time he humbly confessed his sins (saith he) was absolved by a Prelate; and then devoutly receiving the body of our Saviour, asked all forgiveness, and forgave all; had extreme unction; and so humbly embracing the cross, gave up his spirit to almighty God: adding further of his devotion in his life; that every day he was accustomed to hear three masses sung; and more privately beside, and that when the Priest did lift up the host consecrated, he would go himself and hold the Priest's arm, and after kiss his hand, and so return to his own place again.  
9 He telleth also of his familiarity with S. Lewes K. of France, who reigning at the same time (though some few years younger than K. Henry) conferred oftentimes with him about matters of devotion; 
Conference between K. Henry and S. Lewes K. of France.  and once telling him, that he was delighted more to hear often preaching, than many masses, K. Henry answered, that he was more delighted, to see his friend, than to hear another man talk of him, though never so eloquently.  
10. This then being so, and K. Henry both living and dying so Catholicklie, as both this man, and all Authors do write of him; there can be no doubt, but that he agreed fully in judgement and sense, with all his predecessors, as well in this point of the Pope's Ecclesiastical jurisdiction, as in all others. And for his obedience to the Sea of Rome, it was so notorious, as divers of his own people at that time, did think it to have excess: For that it was not only in spiritual matters, but in temporal affairs of his Kingdom also; Nihil enim (saith Matthew Paris) nisi ex consensu Papae, vel illius Legati facere voluit. 
Paris anno. 12●4 in vst. Hen. 3.  He would do nothing (especially in his later years) but either by the consent of the Pope or his Legat. And further in another place. Ipso quoque tempus Rex, secus quam deceret aut expediret, se, suumque Regnum sub paena exhareditationis (quod tamen facere nec potuit nec debuit) Domino Papae obliga●it. At that very time also the King, otherwise then was decent or expedient, did oblige himself and his Kingdom (which yet he could not, nor aught to do) unto Pope Innocentius the fourth under pain of disinheritage, etc. So he.  
11. And many times elswere is this complaint renewed; and yet on the otherside, we may understand by the same Matthew Paris (who so much misliketh this over much subjection, as he calleth it, to the Sea of Rome) that divers great commodities ensued often thereby, both to him and the Realm. To the Realm, for that the Popes wrote hereby more confidently and effectually unto him, 
The utilities by our English Kings devotion to Rome.  for amending certain errors of his, than otherwise perhaps they would or could; yea threatened him also with excommunication, when need required: Whereof the said Paris writeth thus in one place. In those days the Pope's anger began to be heat against the K. of England, for that he kept not his promises, so oftentimes made to amend his accustomed excesses, and therefore at the instance of Lautence Bishop of Ely, and many other, that earnestly urged him, he threatened after so many exhortations made unto him without fruit, to excommunicate him, and interdict his Kingdom, etc. 
Paris Ibid.   
12. But yet for all this, when after his Barons did rise against him, and held him divers years in war, Pope Vrban the 4. (saith Matthew Paris) sent his Legate, Cardinal Sabinian, as far as belen in France to pronounce there, and set up the sentence of excommunication against the said Barons, who being in arms, permitted him not to enter the ports of England; but yet not long after by the said Vrban his means, and Pope Clement the 4. that succeeded him, peace followed again in the said Realm, after many years of war & civil commotion, with great variety of events succeeding on both sides. For that sometimes the King himself, with his brother Richard surnamed King of the Romans, and Edward the Prince, were taken by the Barons; and sometimes the Barons had the worse, and Simon Momfort Earl of Licester their chief head and Captain, 
The Civil wars of England under K. Henry the third.  was slain in the field; and many miseries, distresses, and calamities ensued on both parts, as are accustomed in warlike affairs; but especially of Kingdoms, which have their waves and turmoils, according as the winds of great men's humours and passions do swell, stir up, or calm the same. But in all this time no question was of Catholic religion in England nor any doubt at all of the distinction and subordination, between temporal & spiritual power and government; but that the one was acknowledged in the King, as chief head of the Commonwealth, and the other in the Bishops, as subordinate to the Sea Apostolic.  
13. And if we consider the chief, and most evident points, wherein this acknowledgement is seen, and to be observed, they are these in effect. First and principally for all points of saith and belief; which points were not received in England, nor other wise, than they came authorized and allowed by the said Sea Apostolic. And secondly for matters of manners in like form, if any thing were decreed or ordained by the said Sea, 
The points wherein the sovereignty of the Sea of Rome was seen.  as to be observed generally throughout all Christendom, England presently admitted the same; though in other matters, which were either particular, national, or several to every Commonwealth, England followed that which was most convenient for her state, peace and quietness.  
14. And as for Ecclesiastical jurisdiction and liberties of the Church, we see by the said Magna Charta, decreed and confirmed by this King (which is the very same in effect, that his Father K. john, out of the Charter of K. Henry the first, granted upon the 16. year of his reign) and confirmed again, and published by K. Edward his son, and all his Catholic Successors; that it was wholly left unto Clergy men, and to the Sea Apostolic, and not taken nor used by the Kings: as namely in all matters of Spiritual dispensations, elections, institutions, admissions, confirmation● of Prelates, and the like; all gathering of Synods, making of Ecclesiastical decrees, excommunications, absolutions, indulgences, judging and determining of Church-causes; whereof M. Attorney, as before you have seen, setteth down a long catalogue of such causes, as cannot be judged by the temporal law, but must necessarily be remitted to spiritual Courts: all these things (I say) matters and affairs, were left, as fully and wholly in the hands of the Bishops and English-Clergy, 
The manner of Ecclesiastical elections under K. Henry 3.  with their subordination to their head the Pope, by this K. Henry, as by any of his predecessors or successors, without the intermeddling of any secular man therein, as judge, or having authority Ecclesiastical, as of himself, but only by way of intercession. And this may be proved by infinite examples, but none more apparent, then by the practice of elections, and promotions of Ecclesiastical persons; wherein though since that time, by agreement of the Sea Apostolic, Catholic temporal Princes, have for the most part, denomination and presentation; yet than they had not● but that all elections were free to the Chapters of Churches and monasteries; & the confirmation commonly was sought at Rome, and the King had no more part therein, but only that the said elections must be made by his leave, & so presented to the Pope for confirmation.  
15. And of this, & other like matters we might give examples without end, for that every day they fell out. As for example upon the year 1226. which was the tenth year of K. Henry's reign, the Bishop of Durham Richard being dead, the K. endeavoured greatly to bring in a certain chaplain of his, named Luke, into that dignity, & dealt earnestly with the Prior & Covent of that C●●rch, to whom the election belonged to further the same. But they holding the man unworthy, saith Matthew Paris, for so great a dignity, chose a learned and virtuous Priest, that was Archdeacon of Worcester named William Scot, 
The manner of placing a Bishop of Durham.  praying the King to be content therewith: and so sent him to Rome to be confirmed by Pope Honorius the 3. But K. Henry being offended therewith, sent the Bishop of Chichester with another Prior, for his Ambassadors to Rome, to contradict the said election; and thereby h●ld it in suspension for two years, until Pope Honorius being dead, and Gregory the 9 succeeding in his place, he did reject both the one, and the other before named, and translated unto Durham, Richard Bishop of Salisbury. 
Paris in vit. Henr. 3. an. 1226. 1228.  And the same year determined also that great controversy (saith our Author) that had lasted divers years, between the Prior and Covent of the Monks of Coventry, and the Dean and Chapter of the Canons of Lichfield, which of them should choose their Bishop; and the said Pope's determination was, that one part should choose him one time, and the other the other; but yet so, as the Prior of Coventry should always have the first voice in both elections, neither did the King contradict this ordination.  
16. Moreover in this very same year of 1228, died Cardinal Stephen Langhton Archbishop of Canterbury, with whom, and against whom K. john moved so great troubles (as before you have heard) who being dead, and the monks according to order, having obtained licence of the King to make their election of a new, 
another example of the provision of the Church of Canterbury.  they chose a monk of their own, called Walter Hemesham; but the King after some deliberation, not liking of him, began to lay divers objections against him, as may be seen in our Author that lived in those days. But he appealing to the Pope, went to Rome; whereupon the King, setting down his objections in writing, sent the Bishops of Rochester and Chester, together with the Archdeacon of Bedford, for his Ambassadors to contradict the same also: whom Pope Gregory having heard, and considered for divers months together, gave sentence the next year after against him, and at the instance both of the King & Suffragan Bishops of Canterbury, elected of himself into that dignity, one Richard that was Chancellor of the Bishop of Lincoln: Virum eminentis scientiae & literatura & conversationis ●● nestae, saith our Author. A man of eminent knowledge, and learning and honest conversation: though he do add this, that to obtain this election of the Pope, & to reject the oth●●, the said Kings messengers offered, that his majesty & the Realm, should be content to grant to his Holiness a tenth over all England, for his wars against Frederick the Emperor. But howsoever that was, this proveth evidently the acknowledgement of his supreme Ecclesiastical authority ou●r England by this King, as do infinite other things, which are over many to be recounted in this place.  
17. For first this very Archbishop Richard being procured, as you have seen, with such diligence by the King, three years after his election, to wit, upon the year of Christ 1231. when the King in a Parliament holden at Westminster, exacted as well of the Clergy, as of the laity, a certain payment or contribution of money called Scutagium, not accustomed to be paid before, 
Ibidem.  the said Archbishop with his Bishops audacter resistentes dixerunt, quod non tenerentur viri Ecclesiastici judicio subijci laicorum; boldly resisting said unto the King, that Clergymen were not bound to be under the judgement of Laymen in the Parliament. And moreover the said Archbishop going privately afterward to the King, 
Richard of Canterbury appealeth to Rome against K. Henry. 3.  complained much of his high justicer Hubert de Burgo Earl of Kent, for detaining certain lands belonging to the Sea of Canterbury; and a little after not receiving satisfaction from the King, he pronounced excommunication against the said Hubert and other detainers, and all that should keep them company, except only the King himself; and having done this, he appealed to Rome, and went thither himself, Against whom the King sent one Roger de Cantelù and divers other learned men, for his procurators, whom Pope Gregory the ninth having heard, gave sentence for the said Archbishop Richard against the King: 
Paris an. 1231. in vit. Henr. 3.  Proposuerunt autem in contrarium Clerici Regis (saith Matthew Paris) pro ipso Rege & justiciario, multa inaniter allegantes, sed parum vel nihil profecerunt, quia causa Archiepiscopi justa erat & favorabilis. The King's Clarks and Procurators proposed many things to the contrary in favour of the King and his justicer, but of no moment; and consequently they profited little or nothing with the Pope, for that the Archbishop's cause was both just and favourable. See here again the Pope's authority in practice.  
18. And when this good Archbishop Richard dying in his way homeward, left the Church void again of a Pastor, the Prior and Covent of Canterbury chose for Archbishop, one Ralph Ne●il Bishop of Chester, and Cauncelour of the Realm, whereat the King being very glad, sent his messengers together with the party chosen, and the monks that accompanied him to Rome, for his confirmation. But Pope Gregory upon the information of one Simon de Langituna, 
Two elected Archbishops of Canterbury refused by the Pope.  to whom the examination of the person was committed, did refuse him, as an unlearned man, and a Courtier, and unapt to preach or teach; but indeed (as some suspected) lest being a great lawyer, and of much authority in England (for that he was Chancellor also of the Realm) he should go about to undo that covenant of temporal subjection, which King john had made to the Church of Rome, and his son King Henry hitherto continued. But howsoever this was, 
Paris anno. 1232.  he was not admitted, but the Covent of Canterbury was commanded by the Pope to choose an other, which they did the next year after, choosing the Prior of their own Covent named john, whom the King accepting, he was sent to Rome with recommendation of both their letters; & at the same time, the King sent also to Rome (saith our Author) a young knight named Robert Thynne of the North-countrey, that had fallen into the Pope's excommunication, for a certain excess of his, to the end that he might be absolved: Deprecans obnixè, ut militem illius intuitu exaudiret, Desiring the Pope most earnestly, that for his sake, he would grant the knight pardon and absolution in the thing he came for.  
19 And albeit we may presume, that the Pope absolved the same knight, at the King's request; yet did he not admit for Archbishop, the elected Prior, but esteeming him to be over aged, commanded the Prior and Covent of Canterbury, to choose a third, which was S. Edmund of Abingdon, canonised afterward by Pope Innocentius the 4. And at the same time, he wrote very sharp letters unto the King of England, reprehending him for suffering certain violent excesses to be committed against Clergymen; Non habens respectum ad sacramenta, quae iuraverat tempore Coronationis suae, de pace Ecclesiae mantenenda, etc. As not having regard of the oath, which he did swear in the time of his coronation, to maintain the peace of the Church: Mandans Regi, & firmiter praecipiens sub paena excommunicationis, etc. Commanding the King under pain of excommunication, to cause due 〈◊〉tion to be made of the fact, and to send to Rome, 
How obedient K. Henry was to the Sea of Rome.  those that should be found culpable therein, to be absolved by himself. To which commandment the King obeyed most promptly, and sent to Rome among others, the young knight before mentioned, with divers of his servants; which well proveth the opinion he had of the Pope's authority, & how far he acknowledged the same. And many hundred other such like examples might I allege out of the life and large reign of K. Henry, if it were not over tedious, for that this course did he hold all his days.  
20. And albeit there began to be in his days, more than before, very great repining in the people, nobility, and Clergy, first against all strangers in general, 
Complaints of Englishmen against strangers' in England.  for that the King was most ruled for many years by Pictavians, or men borne in his Countries of Poytoù beyond the seas, the principal whereof was one Peter Bishop of Winchester, who did patronize the rest; & then in particular also against Italians, that were preferred to Ecclesiastical livings in England, by the Popes of those times, more than before had been accustomed (who perhaps might presume the mo●● therein also, in respect of the temporal acknowledgement of the Kingdom before mentioned) & that the said complaints grew to be so great and general, as the King was sore pressed therewith; and for remedy thereof forced at length to dismiss and put away his said Pictavians: yet in the other point of Italians & romans, he could never be induced to do more, but to represent only by way of supplication to the Popes themselves, the hurts and inconveniences, that did ensue thereof, that they themselves might put convenient remedy.  
21. And therefore first of all, upon the year 1244. which was the 28. of his reign, he wrote a letter to Pope Innocentius the 4. in these words. 
Math. Paris. anno. 1244.  Sanctissim● in Christo Paetri ac Domino Innocentia, D●● gratia Summo Pontifici, Henricus eadem gratia, salutem & pedum 〈…〉 beatorum: and then he beginneth his le●ter thus. Quo amplius, etc. By how much the more an obedient son doth submit himself unto his Father's will, and more promptly and devontly 〈◊〉 subject himself to his commandments, the more doth he deserve to have his fatherly protection, as the reward of his obedience and devotion. Hence it is, that albeit, at all times 〈◊〉 our reign we have exposed ourselves and our Kingdom in all things, to the will of your Fatherhood; and there we have in most business of ours, found your fatherly solicitude and grace towards us: yet in some provisions of yours made to Clergymen, 
The loving and obedient letter of K. Henry unto Pope Innocentius.  both English and strangers, we find ourselves and our Kingdom not a little aggreived, etc. Wherefore we do supplicate unto your Fatherhood, that you will defend with Fatherly care and solicitude, all our rights and liberties, which you may repute to be not so much ours, as yours; and that you will cause them to be preserved in your Court, against the suggestions of whomsoever. And your Holiness must not be moved, if we have gone against some of your orders, and commandments in this behalf, for that the clamour of such, as thought themselves aggreived, have compelled us thereunto; and we may not deny any man right, for so much as by the office of Kingly dignity given us by God, we are bound in civil matters to administer full justice to all.  
22. Thus wrote K. Henry upon the foresaid year unto Pope Innocentius the 4. and the next year after, which was 1245. there being held a general Council at Lions (as before hath been said) the King and Realm took this resolution, to send certain procurators thither, to complain of the said greivances & hurts, which the Realm received by so many strangers, placed in benefices throughout England, 
Complaints made to the Council and Pope himself of abuses.  who had neither language to preach and teach, nor mind or mean to keep hospitality for the poor; and that the natural subjects of the land were hereby deprived of that preferment, & the patrons of benefices debarred of their right, to nominate, & present incumbents, by the Pope's provisions made in Rome, or of his Legates in England: which complaints seeming reasonable, were favourably received in the said Council, as may appear by divers rescripts of the said Pope Innocentius, to the Archbishops and Bishops of England, about providing the benefices under their charge, with fit English men: Vniversitatem vestram monemus, rogamus, & hortamur, etc. We do warn, beseech & exhort the whole body of your Realm, and do command you by these our Apostolical letters, that you have great care of all the youths of your Cities and Dioceses, that are Clergy men, or desire to be, 
Paris anno. 1245.  especially gentlemen and noblemen's sons, whom we desire to promote, etc. 
The pope's several orders for providing for Englishmen.  And again in another Breve to the said Archbishops and Bishops: We do exhort & command you, to bestow the Ecclesiastical benefices belonging to your collation, when they shall fall void, upon fit men of your nation, etc. And yet further in a third Breve: Volentoes iura vestra illaefa ser●ari, etc. We desiring that your right for bestowing of Ecclesiastical benefices, 〈◊〉 inviolate; and that such as are Patrons of benefices, may present fit men of your nation, when they shall fall void, etc.  
23. But yet the next year after, the King call a general Parliament at London, and the former greivances not seeming to be sufficiently remedied, by the said recourse to the Council, & answers and promises of the Pope; the same complaints were renewed again with greater exasperation than before, and the said greivances put down in writing. All which being considered and weighed by the Parliament: Vnanimiter consenser●●t omnes (saith Matthew Paris) ut adhuc ob reverentiam Sedi● Apostolicae, Domino Papae humiliter & devotè, tam per Epistolas, quam per solennes Nunci●s supplicarent, ut tam intollerabilia gravamina, & jugum subtraheret importabile. The whole Parliament did agree, that yet once more for reverence of the Sea Apostolic, humble and devout supplication should be made to the Pope, 
General consent of w●●ting to the Sea of Rome for remedy of agrievamces.  both by their letters and solemn messengers, that he would take from them the intolerable greivances, and importable yoke, which by the foresaid abuses, they felt to lie upon them. And so presently were written letters severally to be sent by the said messengers; Frist by the Archbishops and Bishops; Secondly by the Abbots, Priors, & religious men; Thirdly by the Earls, Barons, and community of the Parliament; Fourthly by the King himself, who wrote not only to the Pope, as the rest did, but a several letter also to the Cardinals, to further the suit, which letters are set down by Matthew Paris at length, and are to long for this place.  
24, Yet one thing I cannot omit, that whereas the King wrote most devoutly & humbly, both to the Pope & Cardinals, saying that he did make recourse in these complaints of his nobility and subjects, to the Church of Rome, Vt filius ad matrem, quem suis lactavit uberibus, as a son to his mother, whom she hath nourished with her teats of milk: The said Barons, though oftentimes repeating the words implorantes humiliter ac devotè, we beseeching you humbly and devoutly, ut dignemini miscricorditer exaudire, 
Math. Paris. Anno. 1146.  that you will vouchsafe mercifully to hear us: Yet adjoined they also this threat in the end; that except they were eased of these burdens laid upon them, the Realm, and their King, they should be forced to put themselves, as a wall, for defence of the liberties of the said Kingdom, which hitherto for reverence of the Sea Apostolic, they had differred to do, nor could expect any longer, than the return of their Ambassadors. So they.  
25. And by this we may see where the beginning was of those restraints, which afterward in the days of other ensuing Kings were made against provisions from Rome, and benefices to be given to strangers: as also against appeals in certain cases, & other such like ordinances, which seem to contain some restraint of the execution of the Pope's Ecclesiastical authority in England. Which did not rise, as you see, upon any change of former faith or judgement in religion, 
The beginning & original cause of all restraints.  or calling in question the said Popes spiritual jurisdiction over souls; but only upon temporal respects, reasons of state, and the like, which concerned nothing at all, faith, or belief, or substance of religion. And this one only consideration overthroweth all the poor objections, which M. Attorney hath picked out, under the reign of this & other Kings that follow, which now we shall take in hand to examine, and discuss every one, as they come in their place.  

Two instances alleged out of the Reign of this King Henry the third; and of what weight they be. §. I.  
26. And first, what do you think M. Attorney bringeth out of this King's reign, or can bring to overthrow all that we have alleged before, in the same King's life, belief, government and actions? Doth he allege any one Law or Statute of his? (for that he was the father and founder of our Statute-lawes, as he confesseth) doth he produce any one decree, whereby he declared, that he thought himself to have supreme spiritual authority? or denied, or called in question that of the Sea Apostolic, notwithstanding all the greivances which before have been mentioned? No truly: no one word is alleged thereof, though otherwise as I said, this K. Henry made many Statutes, at sundry Parliaments; as for example upon the 9 year of his reign, he made the famous Charter whereof we have spoken before, called Magna Charta, containing 37. Chapters, which may in effect be called so many different Statutes. 
Mag. C●art. cap. 1.  The first whereof beginneth thus: We have granted to God, and by this our present Charter have confirmed for us, and for our heirs for evermore, that the Church of England shall be free, and shall have all her holy rites and liberties inviolable. So 〈◊〉 first and most ancient Statute, and the chiefest liberty of the Church of England, is understood to have been their free dependence of the Sea Apostolic, and their recourse thereunto without interruption, or intermeddling of any secular power in their Ecclesiastical affairs.  
27. Besides this, there was made by him in the same 9 year of his reign, the other notorious Charter, named Charta de Foresta: containing 16. Chapters or branches; as also the other named Merton upon the 20. year of the said King's reign, that hath six several branches or Statutes; as divers others also made upon the 51. year of the said King's reign, entitled under divers particular titles; 
The statutes of K. Henry all in favour of the clergy.  as Die communes in Banco: Die communes in dote: District●●● Scaeccariae: judicium Collistrigij de compositione mensurarum, and the like. And finally the other book of Statutes made upon 52. year, called Marlebridge, containing 16. branches or statutes. In all which no one thing is found in favour of M. Attorney or his assertion, but many for us, if we would examine the parts and clauses of every one. For that the religion of England in that time being perfectly Catholic, and agreeing in all things with itself, & with other Kingdoms of the world in one manner of belief, and acknowledgement of the dependence of Spiritual and Ecclesiastical power from the Sea Apostolic; they could not make laws, for ordering their temporal affairs, but must needs interlace many things, that did testify the conformity and subordination thereof to the spiritual. And if any temporal lawyer in England at this day, though of far inferior account and place to M. Attorney, would take upon him to write a book, & allege all the laws, both common and statute, and branches thereof, that do confirm, allow, or strengthen the Catholic Religion, from most ancient times, wherein any memory is of our laws; he might so far ouerbeare M. Attorney both in bulk and substance, and truth of his allegations, as S. Augustine's volumes (for example) do exceed in all these points Esop's fables. And this will you see in part, by that which we are now first to examine in this place I mean his first objection, set down out of King Henry, which shall go in this own words, as before we have accustomed.  

The Attorney.  
In all the time of K. Henry the third, and his progenitors Kings of England, and over sithence, if any man do sue afore any judge Ecclesiastical within this Realm, for any thing, 
2. H. 3. tit. Prohibition 13. 4. H. 3. Ibidem. 15. 15. H. 3. tit. Prohibition 22. Regist. fol.  whereof that court, by allowance and custom, had not lawful conusance, the King did ever by his writ, under the great seal, prohibit them to proceed. And if the suggestion made to the King, whereupon the prohibition was grounded, were after found untrue; then the King by his writ of consultation, under his great seal, did allow and permit them to proceed. Also in all the reign of Henry the third, and his progenitors Kings of England, and ever sithence, if any issue were joined upon the loyalty of marriage, general bastardy, or such like, the King did ever write to the Bishop of that Diocese, as mediate officer & minister to his court, to certify the loyalty of marriage, bastardy, or such like: all which do apparently prove, that those Ecclesiastical Courts were under the King's jurisdiction and commandment, and that one of the Courts were so necessarily incident to the other, as the one without the other could not deliver justice to the parties, as well in these particular cases, as in a number of cases before specified, whereof the King's Ecclesiastical Court hath jurisdiction. Now to command and to be obeyed, belong to sovereign, and supreme government, etc.   

The Catholic Divine.  
28. The conclusion or inference upon this narration, must be noted by the Reader, to be M. Attorneys own, and not to be taken out of any other lawyer's book, as the former part of the narration is, that telleth us, how the King appointeth, that each Court, both spiritual and temporal, shall handle matters and causes, 
The explication of the law.  proper and peculiar unto them, and the one not to intrude itself into the affairs of the other; and to this effect are his writs appointed of prohibition, where matters are assumed, which ought not in that Court to be treated, and of consultation to will them to proceed, when their right is known. All which maketh for us, showing that the King would have the subordination between these two Courts to be observed, and the spiritual to direct the temporal, where any one thing might belong unto them both. As for example, if any man were impeached of bastardy, & thereupon his inheritance were claimed by another, the Ecclesiastical Court was first to give sentence of the marriage, whether it were lawful, or no; & then according to that sentence was the temporal Court to give possession, or not, of the inheritance.  
29. And that this was the true sincere meaning of the law at that time, intending thereby to show the excellency and prerogative of the Bishop's spiritual Courts, above the King's temporal; is plain and evident by an other Statute of this manner (which M. Attorney would not see) made in the 9 year of King Henry the 6. where it is ordained in explication of the former, that when any such Plea of bastardy is held in any Court of the Kings, the judges thereof shall make proclamation once in their Court, & the chancellor of England certified thereof by them, shall cause to be made 3. several proclamations, in 3. several months, in the Chancery: 
Stat. an. 9 〈◊〉. 6. cap. 11.  That all persons pretending any interest, to object against the party, shall sue to the Ordinary (or Bishop) to whom the writ of certificate from the said judge or judges, is, or shall be directed, to make their allegations, and objections against the party, as the law of Holy Church requireth. And that without this form observed, all other process shall be void, etc. 30. And by this we may see how careful the ancient laws were to have the spiritual Court, as the superior, well informed according to the law of Holy Church; and how not only ordinary judges, but the Chancellor of England himself, & his highest Court of Chancery was appointed to serve unto this: 
Spiritual co●●tes superior to the temporal.  for that of the spiritual Courts judgement, depended in all such causes, the judgement of the temporal Courts. And by this you will see also, the vain sleight of M. Attorney, in telling us, that the King did ever write unto the Bishop of that Diocese, as mediate officer and minister to his Court, to certify the loyalty of marriage, etc. For where doth he find in any ancient law at all, those words (as mediate officer and minister to his Court) & in the latin, himself leaveth out the words, to his Court; though in calling the Bishop mediate officer, or minister, which is as much to say, as superior officer, (for that in mediation and subordination of officers, and ministers that govern, the mediate hath the higher room, in respect of the people and Court whereof he is officer) he includeth a contradiction against himself, for than is the said Bishop also above all immediate temporal judges, that must give him certificate (whereof the Chancellor we see is one) even in the King's temporal Courts themselves.  
31. But the inference is much more subtle, when M. Attorney saith: All which do apparently prove, that those Ecclesiastical Courts, were under the King's jurisdiction and commandment. But M. Attorney must not so huddle up jurisdiction and commandment, for that no man will deny, but that all sorts of persons (as before hath been said) are under the commandment, & government of the temporal Prince, whom he may command, each one to do their office & duty in the Commonwealth. And so may he appoint Ecclesiastical Courts, to notify their sentences, judgements, & proceedings to his Courts, & his Courts to inform the Ecclesiastical Courts, for good & mutual correspondence between them both, which we grant also to be necessary in every Commonwealth.  
32. But jurisdiction, which M. Attorney craftily confoundeth here and shuffleth up with commandment, is a far different thing, importing a higher authority in the same kind: as if the temporal Prince have jurisdiction Ecclesiastical upon Bishops and their spiritual Courts; 
How spiritual Courts are the King's courts.  then doth it follow that all their power in spiritual matters is subordinate to him, and derived from him; and so were there no necessity of this distinction, and subordination of spiritual and temporal Courts. For that the Prince having both powers in himself, might give the same unto any temporal judge to decide Ecclesiastical matters also in his Court: which yet M. Attorney doth often deny, that the Common-lawes can take conusance of such affairs. And surely it is worth no less than laughter, to hear him repeat so often The King's Ecclesiastical Court, as though this were sufficient to prove the King's Ecclesiastical authority in those Courts, for that all Courts are the King's Courts, in that they are under his protection, government, and direction, and to the use, and profit of his people. And so were also the Ecclesiastical Courts of King Henry the third in this sense, who yet challenged no spiritual authority therein, as by our whole former discourse you have seen.  
33. But now let us contemplate a little the last conclusion of M. Attorney upon this narration. Now to command (saith he) and to be obeyed, belongeth to sovereign and supreme government: which we deny not in the sense, wherein it may be true; that is, to command, and to be obeyed in temporal matters, belongeth to sovereignty in that kind; and to command, 
M. Attorneys inference how it holdeth and holdeth not.  and be obeyed in spiritual matters, belongeth to sovereignty in those affairs: whereof you have heard many examples, concerning the Sea of Rome before alleged. But for the King, and his temporal officers to demand a certificate from the Bishop's Court (for the Statute used not the word, of commanding or obeying) to let them know thereby, what the Bishop's sentence and judgement is, to the end they may frame theirs accordingly; this by M. Attorneys leave is no commanding in the jurisdiction itself of spiritual affairs; and consequently inferreth no Ecclesiastical sovereignty. And if he be not satisfied by that which we have already alleged, out of the reign of K. Henry the third, of spiritual sovereignty acknowledged by him, and all his Realm in the Sea of Rome, but would see further some examples in particular of the same sovereignty, or superiority at least, used and practised by the Bishops of England towards the King himself and Realm in that kind; let him consider these examples following besides the former.  
34. When K. Henry the third upon the 16. year of his reign falling out with Hubert de Burgo Earl of Kent, that had been his great favourite, & high justicer for many former years, cast him into prison, and he escaping, fled to a certain Chapel for Sanctuary, 
divers examples overthrowing M. Attorneys commentary.  from whence the King had caused him to be drawn forth; Roger Bishop of London (for that it was in his Diocese) came unto him, and said, that except he caused him to be restored to the place of Sanctuary again, Ipse omnes huius violentiae authores excommunicationis sententia innodaret. He would bind all the authors of this violence used, by the sentence of excommunication. And what followed of this? Did the King deny his authority? or say that he was not under his jurisdiction? or that himself had supreme authority and jurisdiction over the Bishop in that case? (as he might have done according to M. Attorneys assertion) No: For the words of Matthew Paris immediately following, are these: 
Paris anno. 1●32.  Rex autem licet invitus, reatum suum intelligens, remisit Hubertum ad Capellain, & ubi captus suerit à militibus armatis, restituitur ab ijsdem, quint● Calendas Octobris. The King, 
The King obeyed the Bishop of London in restoring Earl Hubert.  though against his will, perceiving his own fault, sent back Earl Hubert to the Chapel again, where he was restored, upon the fifth day before the Calends of October, by the same armed soldiers, that had drawn him from thence. And the same Author addeth, that the King's anger was so great, as he commanded the Earls of Hartford and Essex, to set soldiers about the said Chapel, that no meat might be given him, until he rendered himself. And not many days after this the said Earl Hubert being carried from that Chapel, upon composition, unto the castle of Vise in the Diocese of Salisbury, he by help of two soldiers that kept him, escaping thence, got into a Parish Church near by, out of which being taken by the King's officers, Robert Bishop of Salisbury, excommunicated them altogether, with their aiders and defenders, and then went to the King in company of other Bishops, to denounce unto him the said sentence, who after much resistance, yielded, saith our Author; 
Paris. Ibid.  Et in eadem Ecclesia, concedente (sed invito) Rege, remissus est 15. Calend. Novemb. And so the said Earl Hubert was sent back again out of the said Castle, unto the Church, the King yielding thereunto, though against his will, upon the 15. day before the Calends of November in the year 1232.  
35. The next year after this again, the foresaid Roger Bishop of London, having been at Rome, & returned to Dover, found there Walter Bishop of Carleile in his journey towards Rome, having appealed to the Pope against K. Henry, for certain injuries offered him, and to his Church, as he pretended; and albeit the King did not let or forbid his repair to Rome, yet showing himself much displeased therewith, his officers at the port handled him very discourteouslie, and denied him passage without the King's licence: which the said Bishop of London seeing, 
K Henry obeyed the B. of London in spiritual matters.  excommunicated all the King's officers, that had part in that violence, and then going to Hereford, where the King at that time lay with a great army to invade Wales, and taking certain Bishops with him, they told his Majesty of the abuse committed. Which, when the K. seemed not to care for, or not willing to redress, they renewed there again in the King's presence, the sentence of excommunication against the said malefactors, and all those that assisted or favoured them. Non mediocriter Rege murmurante (saith our Author) & ne talem ferrent sententiam prohibente. The King not a little repinning, and forbidding them to pronounce any such sentence; So as here we see commanding without obeying in spiritual matters, meeteth with M. Attorneys conclusion, that to command, and to be obeyed, belongeth to sovereignty, and supreme government.  
36. And yet further the next year ensuing, which was the 18. of K. Henry's reign, the King being highly offended with the Earl Martial of England, 
The Bishops refuse to excommunicate at the King's appointment.  for entering into a certain Castle of his own, by force: Praecepit Episcopis cunctis, ut Mariscallum nominatim excommunicarent. Sed illi è contrae communiter dixerunt; Indignum esse, quia Castellum, quod suum fuit, occupavit. The King commanded all the Bishops (being gathered together in Parliament) to excommunicate by name, the Earl Martial. But they answered him with one voice to the contrary; that he deserved it not, for so much, as he had taken, but his own Castle. And here again we see commanding without obeying in spiritual affairs. And if the King had thought himself, to be supreme in Ecclesiastical authority, he might have excommunicated the Marshal himself, without depending of his Bishops.  
37. And a few days after this again upon the year 1234. the holy man Edmund, that afterward was canonised for a Saint, being consecrated Archbishop of Canterbury, at which consecration, the King himself was present with his nobility, and 13. Bishops, (as our Author recounteth) the said Archbishop after his consecration, consulting with the said Bishops & nobility, about the pitiful State of the Realm, divided in itself by the King's evil government, that followed the counsel of Pictavians, 
Paris. anno. 1234.  and other strangers; the said Archbishop went to the King, laid the inconveniences before him, humbly besought him to take the true remedy, which was to dismiss those strangers, and if he would not, 
S. Edmond Archb. of Canterbury threateneth excommunication to the King if he obey him not.  he should be forced to use Ecclesiastical Censures against them: Et ipse in continenti, cum omnibus, qui aderant, Praelatis, in ipsum regem sententiam serret excommunicationis: He would out of hand, with all the Bishops there present, pronounce the sentence of excommunication against the King himself. Rex autem peris audicas, humiliter respondit; quod consilijs corum in omnibus obtemperaret, etc. And the pious King hearing this, did answer humbly, that he would in all things obey their counsels. And so he did, and within few days after, he sent away Peter, Bishop of Winchester from the Court, which was the chief of the said strangers that most defended them, and cast into prison another Peter surnamed De Rhicuallis, that had been Treasurer, and divers others. So as here also we see the spiritual authority of Clergymen above the King; not only in the Pope himself, but also in the Bishops of England, which otherwise were subjects to the said King in temporal affairs.  
38. Yea, not only Bishops, but other Prelates also of lesser degree, have exercised the same authority spiritual in England, even against the King when occasion was offered. As for example, 
Paris anno. 1215. pag. 656.  when this K. Henry had used very familiarly & intrinsically, one Ralph Briton, that had been his Treasurer, he after falling out with him, banished him the Court: and soon after that again, the said Ralph being a Clerk, and living at his Chanonry of S. Paul's, the Mayor of London had commission to apprehend him, 
K. Henry obeyed the Dean of Paul's in spiritual authority.  and send him to the Tower, as he did: which Doctor Lusey Deane of Paul's understanding, called his Canons together (the Bishops of London being absent) & seeing the violence used to a Clergyman, did put the Church of S. Paul under Interdict, & pronounced sentence of excommunication against the doers, maintainers, and favourers of this unlawful act. The King stood stiff for a time (saith our Author) but at length, Rex dictum Ranulphum, licet invitus, solui, & in pace dimitti praecepit. The King though against his will, did command the said Ralph to be remitted peaceably unto the place, whence he was taken.  
39 Now than these examples and many more which for brevityes sake I pretermit, do make another manner of proof of Ecclesiastical sovereignty in Clergymen, then doth M. Attorneys poor inference about the sending for a certificate to the Bishop's Court, concerning matters to be tried therein, as before you have heard. And by this also you may see, and consider the difference of substance, and substantial dealing between us. And so much to this first instance. Now let us examine the second.   

The Attorney.  
By the ancient Canons & decrees of the Church of Rome, the issue borne before solemnisation of marriage is as lawful & inheritable (marriage following) as the issue borne after marriage. But this was never allowed or appointed in England, and therefore was never of any force here. And this appeareth by the Statute of Merton, 
The Statute of Merton. an. 20. Hen. 3.  made in the 20. year of Henry the 3. where it is said to the Kings writ of bastardy: Whether one being borne afore matrimony, may inherit in like manner, as he that is borne after matrimony? All the Bishops answered, that they would not, nor could not answer to it, because it was directly against the common order of the Church: and all the Bishops instanted the Lords that they would consent, that all such as were borne before matrimony should be legitimate, as well as they that be borne within matrimony, to the succession of inheritance; for so much as the Church accepteth such to be legitimate. And all the Earls and Barons with one voice answered, we will not change the laws of England, which hitherto have been used, and approved.   

The Catholic Divine.  
40. This is the second instance of M. Attorney, taken out of this reign of K. Henry; and we must imagine, that proofs go hard with him, when to seem to say somewhat, he is driven to bring forth such silly ware, as this is. For if all be granted (as it may be) which here is said, what can he infer thereof, but only, that the Lords and Barons of the Parliament, 
This instance proveth nothing.  did not think good to alter or change the ancient laws, or customs of the Realm, about succession of their children, by legitimation, after matrimony contracted: notwithstanding the Church of Rome in certain cases did allow them for legitimate and lawful, in respect of taking holy orders, enjoying benefices, and other like commodities: what (I say) doth this import M. Attorneys conclusion, that K. Henry took upon him supreme Ecclesiastical government? For that this was free for the Realm to admit, or not admit the said legitimation, to the effect of lawful succession and inheritance. And so the Canons themselves do expressly set down.  
41. For better understanding whereof, we must note, that whereas by the ancient Civill-law, great respect was had ever to children, borne out of wedlock, if marriage afterward did ensue, notwithstanding they held marriage but only for a Civil contract: so afterward when Christian Emperors came to bear sway, more indulgence and favour was showed therein; as may appear by the Constitutions, both of Constantine the first Christian Emperor, and Zeno that ensued him, and more yet by justinian, 
See the Code l. 5. tit. 27. log. 1. Constant & lib. 5. Imper. Ze 1. & lib. 10. Imper. justin. & Novel. constit. 89. de natural. liberis. §. Siquis igitur. etc. Lib. 4. Decret. tit. 17. cap. 6.  which do most fully in divers places, both of the Code, and Novel Constitutions explicate the same. In conformity whereof the Canon-law also decreeth in this sort: Tanta est vis matrimonij, ut qui anteà sunt geniti, post contractum matrimonium legitimi habeantur. So great is the force of matrimony (held for a Sacrament among Christians) as it maketh such to be legitimate after it is contracted, who were illegitimate before. But yet this is with some restrictions: as for example, that they must be borne, ex soluto & soluta: that is to say both the father, & mother must be unmarried at the time when the said children are begotten. For if either of them were married at that time, than this privilege holdeth not, as 
* Cap. Conquestus est.  appear in the same law.  
42. Secondly this legitimation by ensuing marriage, is to be understood principally, as before hath said, In spiritualibus: To enable men to Ecclesiastical promotions, though in the Pope's temporal dominions it may enable them also to temporal succession, but not in the States and dominions of other Princes. And this very distinction or caution is set down in like manner by the 
* Cap. 13. Per venerabilem.  law itself; and heerupon is resolved also in a case touching the King of England, by Pope Alexander the 3. that albeit the Ecclesiastical judge must determine of the lawfulness of marriage itself; yet the question of temporal succession, or inheritance thereupon depending, must be decided by the judges of the temporal Court: 
Ilidom. Cap. 7. Causam quae.  Nos attendentes (saith Pope Alexander to the Bishops of London and Worcester) quod ad Regem pertinet, non ad Ecclesiam de talibus possessionibus judicare, Fraternitati vestrae mandamus, quatenus Regi possessionis judicium relinquentes, de causa principali cognoscatis, eamque terminetis. We considering that it belongeth to the King of England, and not to the Church to judge of such possessions, as depend of legitimation; we command your brotherhoods, that leaving the judgement of the said possessions to the King and his Courts, you examine only the principal cause, concerning the loyalty of the marriage itself, and determine the same.  
43. Hereby than we see first, that M. Attorney alleging this instance, hath alleged nothing at all against us, or for himself. For that when the Earls and Barons refused to change the laws of England, concerning inheritance upon legitimation, they said no more, then is allowed them by the Canon-law itself, as you have heard. And how will M. Attorney infer of this, that K. Henry the third, held himself to have supreme authority ecclesiastical; for that this must be his conclusion out of his instance, or else he saith nothing,  
44. And it shall not be amiss to note by the way, how these men do use to over-lash in their asseverations, to help their feeble cause thereby. 
M. Attorney mistaketh and mis-relateth the matter.  By the ancient Canons and Decrees of the Church of Rome (saith he) the issue borne before solemnisation of marriage, is as lawful and inheritable (marriage following) as the issue borne after marriage. But this is not sincerely related: For the Canon-law, as you have heard, putteth divers restrictions, both in the persons to be legitimated, and in the ends and effects, whereunto they are legitimated; as also concerning the Countries & Kingdoms, wherein they are legitimated. Of all which variety of circumstances and considerations M. Attorney saying nothing, his intention therein may easily be guessed at. And so much for this matter.     

OF THE LIVES AND REIGNS OF KING EDWARD The first, and second; Father, and son: And what arguments M. Attorney draweth from them, towards the proving of his purpose. CHAP. XI.  
HAVING now come down by orderly descent of seven hundred years & more, of the reigns of our Christian English Kings, & showed them all to have been of one, and the self same Catholic Roman religion, & comforme also in the point of this our controversy, about the acknowledgement and practice of the spiritual power, and authority of the Sea Apostolic in England, concerning ecclesiastical affairs: And having declared the same so largely, as you have heard, in three Henries since the Conquest, of famous memory and authority above the rest, and the last of them author also, and parent of all Statute-law in our Realm; 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. Under which Edwardes and their offspring, M. Attorney pretendeth more restraint to have been made in some points, of the Pope's external jurisdiction, then under former Kings; which though it be granted upon some such occasions (as after shallbe showed) yet will you find the matter far short of that conclusion, which he pretendeth to maintain, that hereby they took upon them spiritual soveraingty in causes Ecclesiastical. You shall see it by the trial.  

OF KING EDWARD THE FIRST, Which was the ninth King after the Conquest. §. I.  
2. When King Henry the third died, 
This King began his reign an. 1272. and reigned 35. years until 1307.  his eldest son Prince Edward was occupied in the wars of the Holy land, being then of the age of thirty three years, who hearing of his Father's death, returned presently homeward, and passing by the City of Rome, found there newly made Pope, Gregory the tenth, called before Theobald, with whom in times past, he had familiarly been acquainted, whiles he was Legate for his predecessor Urban the fourth, in the said wars of the Holy-land; who received him with all honour and love, 
Stow in vita Edovards pr●●●.  and granted unto him (saith Stow) the tenth of all Ecclesiastical benefices in England, as well temporal, as spiritual, for one year, & the like to his brother Edmund for an other, in recompense of their expenses made in the Holy-land. Whereupon, when the next year after, the said Gregory called a general Council at Lions in France (which was the second held in that place) of above five hundred Bishops, and a thousand other Prelates, King Edward sent also a most honourable embassage thither, both of Bishops and Noblemen.  
3. This King Edward beginning his reign in the year of Christ 1272. continued the same for almost 35. years, 
King Edward surnamed Longshank.  with variable events. For as he was a tall, and goodly Prince in person, high in stature, and thereof surnamed Longshank; so was he in mind also no less warlike, haughty, earnest, and much given to have his own will by any means whatsoever, when once he set himself thereon: though yet when he was in calm, & out of passion, he showed himself a most religious, and pious Prince.  
4. Of the later may be example among other things, his special devotion to the Blessed Virgin mother of our Saviour, which both Matthew Westminster, 
Devotion of K. Edward.  and Walsingham do recount from the very beginning of his reign, & do continued the same throughout his life, by occasion of many strange and miraculous 〈◊〉 from imminent dangers, which himself ascribed to the said devotion, and to our Blessed Ladies special protection. Whereunto may be referred in like manner, the piety of the said King, showed in divers other occasions. As first of all, when in the first year of his reign he voluntarily set forth, published, and confirmed the Great Charter made by his Father in favour of the Church, saying as in the said Charter is to be read: 
Magna Charta.  Pro salute animae nostrae, & animarum antecessorum & successorum nostroruus Regum Angliae, ad exaltationem Sanctae Ecclesiae, & emendationem Regni nostri, spontanea & bona reluntate nostra, dedimus & concessinius, etc. We have given and granted freely, & of our own good will, this Charter, for the health of our soul, and of the souls, as well of our predecessors, as successors, Kings of England, to the exaltation of holy Church, and amendment of our Kidgdome, etc.  
5. And the like piety he showed in many other occasions in like manner, as namely, when he being in his journey with a great army towards Scotland, and his wife Q. Eleanor daughter to King Ferdinand the third of Spain, surnamed the Saint, a most virtuous & religious Lady falling sick, & dying near the borders thereof, he leaving his course, returned back with her dead body to London: 
Walsingam in vitae Edward's p. anno. 1191.  Cunctis diebus vitae suae eam plangebat (saith Walsingham) & jesum benignum iugis precibus pro ea interpellabat, eleemosynarum largitiones, & Missarum celebrationes pro ea diversis Regni locis ordinans in perpetuum & procurans. 
King Edward prayed and gave alms for his Queen's soul.  The King did bewail this Queen's death all the days of his life, and did by continual prayers, call upon merciful jesus, to use mercy towards her, ordaining great store of alms to be given for her, as also procuring Masses to be said for her soul, in divers parts of the Kingdom.  
6. And moreover 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 Walsingham) pro eius anima deprecetur: that such as passed by, seeing that cross, might pray for her soul. And moreover in particular, 
Crosses erected.  Stow out of ancient records doth affirm, the said King to have bestowed two manors, and nine hamlets of land, upon the monastery of Westminster, for the keeping of yearly obits for the said Queen, and for money to be given to the poor in alms.  
7. I leave to speak of many other such actions of his, as that he procured amongst other things, the solemn & most honourable translations of the bodies of three English saints, 
Works of piety of King ●dward.  in his days, S. Richard Bishop of Chichester S. Hugh Bishop of Lincoln, and S. William Archbishop of York: He consented also and concurred that Q Eleanor his mother, should leave her Princely state and dignity, and to be veiled Nun in the Monastery of Almesbury, and enjoy her dowry (which was great) that she had in England all days of her life, 
Westmon. in he●. or maiori in vita Edou. primi.  which was also confirmed to her by the Pope's authority: (saith Matthew Westminster) yea and soon after he consented in like manner, that his own dearest daughter the Lady Mary also (to whom he had designed a great and high state by marriage) should follow the like profession of religions life in the same monastery, though in this later he had much more difficulty to win himself to consent thereunto, then in the former.  
8. And finally, this other act also may be added for a full complement of his piety, when he was in good tune, which is recorded by the said Matthew of Westminster that lived at the same time, and perhaps was present; that in the year of Christ 1297. which was the tenth before he died, being to pass over the seas towards his wars, and having extremely vexed his people, both spiritualty and temporalty, with heavy exactions for the same, and in particular broken grievously with Robert Winchelsey Archbishop of Canterbury, he being now ready to depart, called all the people together, upon the 13. of july, before the great hall of Westminster, and there standing up upon a certain scaffold of timber, the said Archbishop of Canterbury, newly reconciled unto him, remaining on the one side, and the Earl of Warwick on the other, and his little Prince Edward before him: 
Vestmonasteriensis arm 1197. A pious & pathetical speech of King Edward.  Erumpentibus lachrymis (saith our Author) veniam de commissis humiliter postulavit, etc. the tears breaking forth, he did most humbly ask forgiveness of his subjects, for all that he had committed against them, confessing that he had not governed them so well, and quietly as became a King to do, but had taken their goods from them, etc. Adding further and saying: Behold I go now to expose myself, and my life to danger for you: wherefore I ask at your hands, that if I return again, you will receive me in the place that now you hold me, and I shall restore unto you again all that I have taken from you, and if I return not, then take this my child, and crown him for your King. Whereunto the Archbishop weeping abundantly, answered that it should be so, and the people with crying out, and casting up their arms, promised fidelity, and obedience unto his ordination. So Matthew Westminster. And this for his piety.  

King Edwards occasions of dealing in Wales and Scotland.  9 But of the other point of his peremptory and violent proceeding divers times with his subjects, there want not also many examples, especially in exacting often, and great subsidies at their hands, for his wars of France, Scotland, and Wales, wherein he was continually employed; & was the first King in deed, that ever brought Wales to be wholly subject to England, Lecline the last Prince thereof being taken and slain, and his brother David likewise apprehended, and put to death in London by the same K. Edward.  
10. Alexander also King of Scotland being deceased, and all his issue extinguished, K. Edward as chief Lord, took upon him to decide that controversy for the succession, and in the end determined the matter in favour of john Balliol Earl of Galloway, against Robert Bruse Earl of Valenand, that pretended the same. And albeit the whole nobility, and people of Scotland bound themselves by obligation (which our histories do set down) to stand to the judgement of the said K. Edward: 
Walsingam anno. 1292. in vita Edovards.  yet in the end they would not, but assisted the said Bruse, & made recourse to Pope Boniface the 8. to prohibit K. Edward to proceed in that matter, and to command him to surcease from his wars against Scotland, which they pretended to be in the protection of the Sea of Rome: and finally after much bloodshed, and infinite expenses, both in this King's time and his successors, the offspring of Bruse prevailed in that Country.  
11. But now (as I said) in respect of these wars, and many necessities thereon depending, K. Edward was forced greatly to press his people with exactions, and to make them forfeit, and buy again their liberties, especially that of Magna charta, 
King Edwards mutability in keeping privileges.  and of the Charter of Forrest, which as voluntarily, he set forth and published in the beginning of his reign, as you have heard: so afterward (the same not being observed) upon instant suits of his people and nobility, and contributions granted him for the renovation thereof, he confirmed it two or three times in his life, & as often revoked the same again, until he had more money. And last of all, 
Math. Vestmonast. & Walsingam anno. 1307.  in the year 1307. which was the last of his reign, he sued to the Pope for a dispensation of his oath, made in that behalf to keep the said Charters & privileges, affirming them to be made against his will, & by force of his people's importunity.  
12. We read also, that in the year 1278. and sixth of his reign, 
Math. Vestmon. an. 1278.  he did deprive many famous monasteries (saith Matthew of Westminster) of their ancient accustomed liberties, & namely among others, the Monastery of Westminster, wherein he had received (saith he) both baptism, confirmation, and coronation, and wherein his Fathers, and other his ancestors bodies lay. And moreover, in the year 1295. he used great violence to all Monks and religious men, 
Violent proceeding of K. Edward.  that were strangers, and had their monasteries builded by strangers in England: for he took their Monasteries and goods from them, allowing only to every Monk 18. pence a week for his maintenance, for a time: & the next year after he commanded upon the sudden all the monasteries of England to be searched, and all their treasure to be taken violently, and to be brought to London to his Exchequer, for the charges of his said wars. And two years after this again, the same King holding his Parliament at S. Edmundsbury, and demanding a great contribution of his people, the Clergy denied it, pretending a new commandment and constitution lately made by Pope Bonifacius the eight, whereby he did forbid under pain of excommunication, that any such exactions should be paid by Ecclesiastical men, without consent of the Sea Apostolic; whereat King Edward being offended, 
A sleight of K. Edward against the Clergy.  though he would not contradict the said constitution; yet he excluded the Clergy, that refused to pay, from his protection, and from the protection of the laws; whereby they being abandoned, and exposed to all injuries, the most of them fell to composition with the King, & so bought out, and purchased their protection again, more dearer than they might have continued the same by their contribution.  
13. And as for the Archbishop of Canterbury that stood constant amongst the rest in that denial: 
In anno. 1294.  Omnia bona eius (saith Matthew of Westminster) mobilia, & immobilia capta sunt in manu Regis. All his goods both movable & unmovable were taken into the King's hands. And the same Author doth recount infinite other intolerable vexations, laid upon them that would not agree to the King's demands in those affairs, which were accompanied with such threats and terrors, as the Dean of Paul's in London, named William Mont-fort, coming one day before the King, to speak for his Canons, was so terrified, as he became mute, and fell down dead before him: which yet (saith out Author) moved little the King, but that he persisted in his demands. And one day sending a knight, named Sir George Havering, to the Monastery of Westminster, when all the Monks were there gathered together in their Refectory, or dyning-place, the said knight proposed in the King's name, that they would grant him half their revenues for his wars, 
A Knight sent to force the Monks of Westminster to yield by fear to the King's will.  and if any will deny this demand (saith he) let him stand up, & show himself, that he may be handled as one guilty of breaking the King's peace: Whereupon all yielded, saith Matthew of Westminster, and no man would after, with so great danger, contradict the Kings will. And thus much of his violent manner of proceeding with the Church and Clergy, whereunto I might adjoin many other things; as his driving out of the Realm the foresaid Robert Archbishop of Canterbury; his Statutes made in the last Parliament at Carleile the same year he died, in prejudice of Holy Church's liberty, which were the first that are read to have been made in that kind, and consequently are thought to have been a great cause of all the miseries and calamities, that fell upon his posterity, as after you shall hear.  
14. But yet all this doth not prove, that King Edward denied, or doubted of the Pope's spiritual power, or took the same upon himself, which is M. Attorneys case and conclusion. Nay rather they do show, and prove his acknowledgement of the said authority, if we consider them well, though in certain points that seemed to extend themselves to temporal affairs, and might be prejudicial unto him, he sought to decline and avoid the execution thereof. 
In mere spiritual things the King never made difficulty to obey the Sea of Rome.  But in things merely spiritual, he never showed difficulty. As for example: that his Bishops and Archbishops went to Rome to receive their confirmation and investitures there, and sometimes were chosen also immediately from thence: as when in the year 1278. Robert Kilwarby Archbishop of Canterbury was made Cardinal by Pope Nicholas the third, and the Monks of Canterbury by request of the King, had chosen his Chancellor, the Pope would not admit him, but appointed an other, to wit john Peckam, Provincial of the Franciscan friars in England, who being admitted, held the said archbishopric for 13. years until he died. But as for confirmation and investitures, no doubt can be made, but all was to be had from Rome, as expressly you may read of the admission and consecration of William Archbishop of York: In Romana Curia consecratus (saith Walsingam) who was consecrated in the Court of Rome in this same year of 1278. by Pope Martin the fourth, 
Walsingam. eodem anno.  that succeeded to Nicolas. And the same Author affirmeth, that the foresaid john Peckam, Archbishop of Canterbury being also consecrated in Rome, did some two years after, call a Council at Reading, commanding all his Suffragan bishops to observe exactly the decrees of the late general Council held at Lions by Pope Gregory the tenth; nor did King Edward mislike or repine any thing at this, as neither he did at another Council called by the same Archbishop Peckam in the year 1281. wherein he endeavoured to force all Abbots, and other exempted persons to come to the said Council, but (saith Matthew Westminster) the abbots of Westminster's, S. Edmondsbury, S. Albans, and of Waltham appealed from him to the Pope, without any mention of the King, which had been injurious unto him, if he had taken himself to have had authority, and that supreme, in Ecclesiastical affairs.  
15. Furthermore in the year of Christ 1295. being the 22. of King Edward's reign, 
divers Bishoprics disposed of by Popes under K. Edward the first.  when the foresaid Robert Winchelsey was first chosen Archbishop of Canterbury, the said King sent him to Rome to be confirmed, and consecrated by Pope Celestinus the fifth, which soon after gave over the popedom to Bonifacius the eight. And three years after that again, to wit 1298. the Bishopric of Ely being void, and the greater part of the Monks having chosen the Prior of their Covent for Bishop, the other party chose john Langhton the King's Chancellor, who going to Rome by the King's favour & commendation, to plead his cause before Pope Boniface, could not prevail, nor yet the Prior, but that the said Pope gave the Bishopric of Ely to the Bishop of Norwich, and the Bishopric of Norwich to the Prior, and the archdeaconry of Canterbury to the King's Chancellor.  
16. Moreover in the year 1305. when Pope Clement the fifth a Frenchman, borne in the Diocese of Bordeaux, was made Pope, and came into France in person, first of all others translating the Sea of Rome to Avignon, where it continued seventy years, King Edward sent Ambassadors unto him, the Bishops of Lichfield and Worcester, together with the Earl of Lincoln, 
King Edwards devotion towards the first Pope in Avignon.  presenting unto him: Singula utensiliae (saith Matthew of Westminster) quibus ministraretur ei in Camera, & in mensa, omnia ex auro purissimo. All necessary plate for the service of his chamber, and table of most pure gold. And at the same time he sent two new Bishops elected for York, and London, to be confirmed by him: Quos dimisit ad propria cons●●●●●tos: (saith our Author) whom the said Pope Clement sent home again with their confirmation. 
King Edward accused the Archb. of Canterbury unto the Pope.  And finally when not long after, the King fell out with the foresaid Archbishop of Canterbury Robert Winchelsey, for that he had showed himself again not so forward to follow his will in all things: Dictum Robertum Cantuariensem (saith Walsingham) apud Dominum Papam accusavit Rex Anglia. The King of England did accuse the said Robert Archbishop of Canterbury, unto Pope Clement the fifth, that he was combined with his enemies, etc. for the which the said Archbishop was cited to appear before the Pope, and suspended from the execution of his office, quousque de sibi impositis legitimè se purgaret: until he should lawfully purge himself, of the imputations laid against him by the King. Whereby we see what authority this King did acknowledge to be in the Pope and Sea of Rome.  
17. We read also, that when in the year 1299. King Edward was passed over with a great army into Flanders, and did destroy that Country by fire and sword, Pope Boniface sent two Cardinall-Legates to entreat him, that he would be content to make truce for two years, 
Westmonast. eodem anno.  to the intent that peace in the mean time might be concluded, adding further-more saith our Author: paenam excommunicationis, & interdicti terrarum suarum: the pain of excommunication and Interdict of his countries, if he yielded not thereunto: Sed Rex perpendens, etc. consensit in treguas indictas (saith he) the King considering well all circumstances, etc. did consent unto the truce appointed by the Pope. And whereas the next year after, by other messengers sent unto him in Canterb. the said Pope Boniface desired him to put at liberty john King of Scotland, which he had in hold, assuring him that the King of England should le●se nothing by this: 
The great respect borne to the Sea of Rome by King Edward.  Eorum petitioni Rex condescendens, respondit, se ipsum loannem, tanquam seductorem, falsum, & periurum ad Papam missurum. The King condescending to their petition, made answer, that he would send the said john, as a false, & perjured deceiver, unto the Pope to be punished by him. And so he did, and they carried him into France with them.  
18. And when afterward in the year 1301. King Edward was busily attended to his wars in Scotland, and Pope Boniface informed by the grievous complaints of the Scottishmen, that K. Edward did them injury, wrote and gave in commission to the Archbishop of Canterbury, by an express messenger named Humbert, to go unto the King, and will him to desist, and to remit the justice of the matter to be examined and tried by the Sea Apostolic; anyd though the said King for the present, took the matter very grievously, and swore that he would prosecute his said enterprise to the uttermost: yet a little while after in the same year, he sent the Earl of Lincoln, 
An Embassadge sent by K. Edward to excuse himself to the Pope.  and Sir Hugh Spencer to the said Sea Apostolic, to show the right of his cause, and what injuries he had received at the Scots hands: jusuper & Dominum Papam deprecarentur, ne mendacij fabricatoribus sinum aperiret: And that moreover they should beseech the Pope, that he would not open his bosom (of belief) unto the Scottishmen that devised lies; whereunto the Pope hearkening, wished notwithstanding that the King for his cause would give the truce, for a time, by him assigned, whereunto the King yielded.  
19 And when in the year following the said Pope Bonifacius upon instance of the said Scottishmen, wrote more earnestly to K. Edward in this affair, alleging that Scotland was in the protection of the Sea Apostolic, yea and that it appertained also to the temporal right of the Church (by submission belike of the Prince and inhabitants thereof at that time made) the King gathering a Parliament at Lincoln, determined therein first to write himself to the Pope about this matter, and then that the lay-nobility and people should write another letter somewhat more earnestly to the same effect. The King's letter began thus: Sanctissimo in Christo Patri, Domino Bonifacio, 
Thomas Walsingam. in an. 1308.  divina providentia Sancta Romanae, & universalis Ecclesiae summo Pontifici: Edwardus Dei gratia, Rex Angliae salutem & devota pedum oscula beatorum. To the most holy father in Christ Boniface, by God's providence supreme Bishop of the holy Roman, and universal Church: Edward by the grace of God, King of England sendeth greeting and the devout kissing of his blessed feet. By which title we may see, in what estimation he held the Pope at that day: 
The manner of writing of K Edward and his nobility to P. Bonifacius.  & albeit in that letter he doth protest, that he doth not send this his justification for his pretence to Scotland, in form of judgement, to have it tried by the Sea Apostolic, as making any doubt thereof, but only to inform his Holiness conscience: (which he doth very largely, beginning from the coming of Brutus himself into England) yet doth he conclude beseeching him, not to believe the informations of his adversaries, and emulators: Sed Statum nostrum & iura nostra Regia supradicta habere velitis, si placet, paternis affectibus commendata. That it may please you to have our State and Kingly right before laid down, recommended to your fatherly affection.  
20. But the Earls and Barons, and lay nobility of the land, that wrote a several letter to the Pope, as before hath been said, were more earnest in defence of the King's title, saying: 
Math Vestmonaster. & Thom. Valsing in an. 1301. & 1302.  Manu tenebimus cum toto posse, totisque viribus, etc. We will hold and defend the same, with all our power and forces, nor will we permit our King, though he would, to leave of this title. Quocirca Sanctitati Vestrae reverenter & humiliter supplicamus, etc. Wherefore we do reverently, and humbly make supplication to your Holiness, that you will defend our said King, that is a devout son of the Catholic Roman Church, as also his rights, liberties, customs, and laws, and permit him to continue therein without diminution, or molestation, etc. Given at Lincoln 1301.  
21. And by all this now, we may perceive the state of things in our country at that time, as also the sense and judgement of K. Edward, and his realm about this our controversy of spiritual, and Ecclesiastical authority. And that if this King did use sometimes, some rigorous dealing towards the Clergy, it was not for that he doubted of their spiritual authority, 
King Edward's laws in prejudice of the Clergy of England.  or esteemed the same to be in himself; but partly upon his foresaid necessity of war, and partly for the emulation conceived against them, by the laity for their wealth, and other such causes. And as for the laws which he made in their prejudice, as that of Mort-main, whereby is prohibited that any thing shall pass ad manum mortuam: that is to say, to any of their communityes that pay not tribute to the King, without the King's special licence, & some other laws in like manner for restraint (as it seemed) of their external jurisdiction, in certain affairs; it proceeded of the same emulation, and complaints of the subjects, begun in the time of King Henry the third, as you have heard, and continued in this man's days, as also in the days of divers of his succesors. But this is nothing to our question in hand, though M. Attorney hath nothing else but such matter as this, as presently you shall see: for now shall we pass to his objections under this King, which are four of very small moment, as by handling will appear.  

The Attorney.  

Vide 3 Edo. 5. ●●.  In the reign of K. Edward the first, a subject brought in a Bull of excommunication, against another subject of this Realm, and published it to the Lord Treasurer of England, 
Ass pl. 19 Brooke tit. praemunire pl. 10. Note this was wa ●y the common-law of England before any statute made.  and ●his was by the ancient common-law of England adjudged treason against the King, his Crown, and dignity, for the which the offender should have been drawn, and hanged, but at the great instance of the Chancellor and Treasurer, he was only abjured the Realm for ever.   

The Catholic Divine.  
22. This case related out of Brookes Report (if so it be there, for I have not the book) is but a particular case, and showed only de facto, and not de iure: whereas M. Attorneys book notwithstanding is entitled De iure, as often I have, and must still put him in mind. True it is, that he noteth here in the margin, that this was done by the Common-law of England, before any Statute made. But what reason can he bring, or any man imagine, why we should believe this, to wit, that this fact of bringing in a Bull of excommunication from Rome, against a subject in those days, should be adjudged treason by the ancient Common-law of England. For a man may demand, what is that Common-law, or ancient Common-law, not made by Statute, nor introduced by any common custom that can be proved? How was it made? By whom? where? at what time? upon what occasion? For to avouch a Common-law, 
Common-law must have some birth or beginning  and ancient common-law without beginning, author, cause, occasion, or record of the introduction thereof, is a strange Metaphysical contemplation; for that laws do not grow up without beginning, but must needs be made or admitted by some Prince or people. And whereas we have showed from time to time, that all our English Princes & people, have been Catholics from their first conversion, unto this King's time, and uniform also in this point of acknowledging the spiritual jurisdiction of the Sea of Rome, and nothing more ordinary among them, than censures, and excommunications from Rome, when necessity seemed to require; how could this ancient common-law come in ure among them, yea, and be ancient in K. Edward the first his time, contrary to the grounds, and practise of the religion then in use and ever before, and no mention ever made thereof in all antiquity, till ●ow by M. Attorney, and that only in the air, as you see?  
23. Moreover we read in Matthew of Westminster, that when this King Edward was in his most heat against the Clergy, for denying him the half of their rents and goods, as before hath been said, which they did upon the prohibition of Pope Bonifacius, he fearing lest some men might bring in an excommunication against himself, and them of the Clergy that yielded to pay the same, and thereby had bought his protection again; he only forbade: 
Westmonasteriensis an. 1197.  Subpaena incarcerationis, ne quis contra ipsum Regem, & ces qui iampridem suam protectionem quaesiêrant, excommunicationis sententiam promulgaret, provocatione sacta pro se ad Romanam Curiam, & pro ipsis. He prohibited under pain of imprisonment, 
A clear overthrow of M. Attorneys assertion.  that no man should publish my sentence of excommunication against the King himself, or those that had newly sought his protection; yea his Majesty made a provocation, or appeal also, as well for himself, as for them that stood on his side, to the Court of Rome. So as if the King, by special decree of his own, appointed only the pain of imprisonment, for such as should publish any sentence of excommunication against himself, & for himself also appealed to Rome; it is not likely, that the ancient Common-lawes of England had made it treason before, against the King, his crown, and dignity, to publish an excommunication against a subject, that was a thing most usual in those days.  
24. Well, it may be that for repressing the unquiet spirits of some particular subjects (that upon light occasions and false suggestions, would procure Bulls of excommunication from Rome) some order might be taken at that time, for severe punishment of them, that rashly without showing the same to judges appointed for that purpose, should publish the said Bulls in England, 
In what sense the publishing of a Bull might be punished in K. Edward's days.  as we see also at this d●y to be observed in Spain, Naples, Sicily, France, and other Catholic Realms, where no man may publish such things, without a view and Placet of the Magistrate appointed to that effect; and this not for denying, or restraining the said authority of the Sea Apostolic, but for keeping peace, and orderly proceeding among subjects, as is pretended, and for better informing his Holiness, if false suggestions have been given. And that some like order might be at this time in England, may appear in part, by another objection, which M. Attorney hath afterward in the life of K. Edward the 3. saying: that in an attachment upon a prohibition, the defendant pleading the Pope's Bull of excommunication of the plaintiff; the judges demanded of the defendant, if he had not the certificate of some Bishop within the realm, testifying the excommunication, etc. 
Reportis fol. 15. 31. 〈◊〉 ●. tit. ●●com. 6.  Whereby it may appear, that private men were obliged to show their Bulls unto some Bishop before they published the same.  
25. But howsoever this be, it is evident by this very Report of M. Attorneys text of Common-law cited by himself out of the one and thirtieth year of King Edward the third (which was many years after this other case) that the bringing in, or serving of a Bull of excommunication against a particular subject, was not held for treason in those days. Neither did the judges, make any such inference, which is like they would have done, if it had been treason against the King, his Crown, and dignity, by the ancient Common-lawes of England in the time of K. Edward the first, above fifty years before the later case fell out. And thus much for law; though it might be, that de facto in those days of suspicion, when K. Edward feared excommunication, as you have heard, some man, ad terrorem, might be so sentenced by some chief justicer, or judge, as would be ready to pleasure the King in all things, as most of them were, though yet the party were not executed, as here is confessed; or else that there was some other particular aggravant circumstance in this fact, which here is not set down, though it may be also, that the Reader shall find somewhat thereof in M. Brookes book if he look it over, out of whom this objection without all circumstance is so barely cited. And thus much of this first instance: Now let us contemplate the second, as wise (no doubt) as the former.   

The Attorney.  
The said King Edward the first presented his Clerk to a benefice, 
● instance  within the province of York, who was refused by the Archbishop for that the Pope by way of provision, had conferred it on another. The King thereupon brought a Quare non admisit. 
15. Edovar. tit. Quare non admisit. 7.  The Archbishop pleaded that the Bishop of Rome had long time before provided to the same Church, 
Vide 39 Edou. 3. 20.  as one, having supreme authority in that case, and that he durst not, nor had power to put him out, which was by the Pope's Bull in possession. For which his high, contempt against the King, his Crown and dignity, in refusing to execute his Sovereign's commandment, fearing to do it against the Pope's provision, by judgement of the Common-law, the lands of his whole Bishopric were seized into the King's hands, and lost during his life, which judgement was before any Statute, 
Note.  or Act of Parliament was made in that case. And there it is said that for the like offence, the Archbishop of Canterbury had been in worse case, by the judgement of the Sages of the law, then to be punished for a contempt, if the King had not extended grace and favour to him.   

The Catholic Divine.  

1. answer.  26. Here again is another case or two de facto, whereof M. Attorney will needs infer de iure. The Archbishop of York his lands, (saith he) were seized by the King, and lost during his life, for that he admitted not to a benefice, within his Diocese, a Clerk presented by the King, whereas the same benefice had an incumbent before put in by the Pope's provision, according to the custom of those days, which incumbent the said Archbishop pleaded, that he could not put out: and for this high contempt against the King, his crown, and dignity, in refusing to execute his sovereigns' commandment (saith M. Attorney) by judgement of the Common-law, he lost the lands of his whole Bishopric; But here I would ask M. Attorney, what high contempt could this be against the King, his crown, and dignity, if the Archbishop pleaded that he could not do it, either in right, or in power? Not in right, for that nothing was more received at that time in England, then for the Bishop of Rome to provide certain benefices in England, and not only benefices, but also Bishoprics, and Archbishoprics, as before in the life of this King, and his ancestors hath been declared. And as for power, no marvel if the Archbishop durst not use violence in those days, against the Pope's provisions, whereby he might incur excommunication; for so much as the King himself so greatly respected the same, and made such diligent premonition, lest my such excommunication should come against him, as in the answer to the former instance hath been declared.  
17. And besides this, if the Archbishop did put the matter in plea to betrayed, and to the Kings writ of Quare non admisit, did yield so reasonable a cause, 
Common-lawes imagined but not extant.  as is here touched, & that the King himself had admitted divers Bishops and Archbishops by like provision of Popes: how, and with what reason can M. Attorney call this answer of the Archbishop, so high a contempt against the King, his crown, and dignity? Or how could the Common-law condemn the same with so great a punishment? And still I must demand what is this Common-law? by whom was it made? how came it in? where is it founded, either in reason, use, consent of the people, or authority of lawgivers? For if it consist in none of these, but only in the particular will and judgement of the Prince himself, never so passionate, and in the approbation & execution of these Sages, which here M. Attorney mentioneth; then any thing that displeased the said Prince, may be called high contempt against his person, crown, and dignity. And so may be justified all the most passionate actions, not only of this King Edward before recited, but of all other Kings whosoever. And by the same means M. Attorney maketh his ancient Common-law, (which often he calleth our birthright, and best birthright) to be nothing else in effect, but the Prince's pleasure from time to time, and the execution of his Sages, which commonly in those ancient times (for I will speak nothing of our days) were to wise and Sage, to withstand the Princes will in any thing.  
28. Sure I am, that in this particular fact of seizing Bishops lands and temporalityes, upon any offence or displeasure taken by the King; as it hath been used by some English Princes in their anger, so hath it been condemned also in divers Parliaments, laws, and Statutes: as in the first year of King Edward the third where it is thus expressed. 
Anno ●. Edovards ter●●i stat. 2. cap. 2.  Because before this time, in the time of King Edward, Father to the King that now is, he by evil counsellors, caused to be seized into his hands, the temporalty of divers Bishops, with their goods, 
Seizing of Bishop's lands.  and cattle etc. The King willeth, and granteth that from hence forth it be not done etc. 
Anno. 14. Edo. 3. stat. 3. pro Clero.  And again in the 14. year of the same reign: We will and grant, for us, and for our heirs, that from henceforth, we shall not take, nor do to be taken into our hands, the temporalities of Archbishops, Bishops, Abbot etc. without a true, and just cause, according to the law of the land, etc.  
29. And to the end that M. Attorney may not say, that this case of his is excepted; it followeth in an other Statute in the 25. year of the same King, saying: Whereas the temporalities of Archbishops and Bishops, have been oftentimes taken into the King's hand, for contempt done to him upon writs of Quare non admisit, and for divers other causes etc. The King willeth and granteth in the said Parliament, that all justices shall from henceforth receive for the contempt so judged, reasonable fine of the party so condemned, according to the quantity of the trespass, and after the quality of the contempt, etc. 
How Bishops might be punished for not admitting the King's just presentation.  Which last words may be thought to be added, for that the King had right to present to divers benefices at that time, as particular patron thereof ex iure patronatus, for that the said benefices were fowded, or erected by himself, or his ancestors: and in those cases, the Bishops not admitting such Clerks, as he presented, might do some injury or trespass against him, and therein show contempt, worthy some fine, or forfeit, which the law doth here appoint; especially for so much, as it is be over recorded that Pope Innocentius the 4. presently upon the first Council of Lions, wrote, as you have heard in the life of K. Henry the third, that he would not let by his provision, 
Supra cap. praeced.  the right of any patron in presenting to any benefice, whereof he had the advowson, or Ius patronatus.  
30. And as for the other example alleged here by M. Attorney, for strengthening his instance, of the Archbishop of Canterbury, saying: that for the like offence the Archbishop of Canterbury had been in worse case, by the judgement of the Sages of the law, then to be punished for a contempt, if the King had not extended grace, and favour to him. If he understand the displeasure taken against Archbishop Winchelsey before mentioned, by K. Edward, for resisting his demand of the one half of all Ecclesiastical rents, for which before we have heard out of Matthew of Westminster, that all his lands and goods were seized into the King's hands: you have heard also, how the same King afterward repented both that, and other like facts of his, and asked pardon publicly with tears. But if he mean the other offence again after this, when he accused the said Archbishop Winchelsey to the Pope, and caused him to be called to Rome, and to be suspended from his office, as before we have declared: then doth this case make directly against M. Attorneys conclusion. For that the King acknowledged the Pope to be a superior judge, 
The Archbishop of Canterbury deprived of his spiritual jurisdiction by Q Elizabeth: anno. 1580.  over English Bishops above himself; and then was the judgement of those Sages named by M. Attorney, that thought him so deeply to have offended in acknowledging the Pope's authority, far from the purpose. And howsoever it were, clear it is, that the King seized only upon temporalityes of the Bishops, and took not upon him to deprive them of their spiritual jurisdictions, as Queen Elizabeth did, when she fell out with M. Grindall her Primate and Archbishop of Canterbury whom she by her Ecclesiastical authority deprived of his jurisdiction, and appointed Commissaries of her own in divers Countries, to execute the same jurisdiction as immediate from herself, which this K. Edward did not, nor any of his Predecessors or Successors, until K. Henry the 8. and thereby showed, that they pretended nothing of their spiritual authority: & so this example, or instance of seizing upon temporalties, either by right or wrong, proveth nothing for M. Attorney his purpose. Let us pass then to his 3. instance.   

The Attorney.  
Concerning men twice married (called Bigami) 
The statu●e of 〈…〉 an 〈…〉 understood & in what sen● should ●e received & allou●ed h●ere.  whom the Bishop of Rome by a Constitution made at the Councelll of L●ons hath excluded from all privilege of Clergy: whereupon certain prelate's (when such persons have been attainted for fellow's) have prayed, for to have them delivered as Clerks, which were made Bigami before the same constitution It is agreed and declared before the King, and his Counsel, that the same constitution shallbe understood in this wise: that whether they were Bigami before the same constitution or after, they shall not from henceforth be delivered to the Prelates, but justice shall be executed upon them, as upon other lay people.   

The Catholic Divine.  
31. About this instance, taken out of a Statute made in the 4. year of K. Edward the first, it is first to be noted: that albeit, mention be made here only of the late constitution of the Council of Lions under Pope Gregory the tenth concerning Bigamies, or those that are twice married; yet is the thing itself of more antiquity in the Catholic Church, as may appear throughout the whole title De Bigamis non ordinandis, in the first book of decretals, 
Lib. 1. Decretalium Gregory. tit. 21.  that is to say, that such as have been twice married may not take holy orders. But yet for that there was a doubt, whether such men having primam tonsuram, or minores ordines, and thereby made Clerks, might enjoy the privileges of Clergymen, for their persons, 
The Decree against Bigamy.  and goods, suits in law, and the like, which could not be decided but by Ecclesiastical judges: this controversy (I say) which included many branches & consequences, especially for England, was defined in the said Council of Lions, and the definitive sentence, or decision was in these words: 
In 6 Decree alium ●●● tit. de Bigamis.  Begamos omni privilegio Clericali declaramus esse nudatos, & corrections forisae cidaris addictos, consuetudine contraria non obstante: ipsis quoque sub anathe mate prohibemus deferre tonsuram vel habitum Clericalem. We do declare, that all such as have been twice married, are deprived of all privilege of Clergymen, & are subject to the correction of the temporal Magistrate, notwithstanding any custom to the contrary: And we do forbid them also under pain of excommunication, that they do not bear Ecclesiastical tonsure, nor Priestly habit or apparel of Clergymen.  
32. Which decision or declaration of the said general Council coming forth, presently there arose a doubt in England, whether such Bigamies, as had borne that attire, and tonsure before that time, and were now in present necessity, to use the privilege of the Clergy, 
The true state of the case and doubt risen in England.  for delivering themselves out of the secular justice hand, aught to have the same or no; for that it might be presumed, that the Council meant only of these Bigamyes, that should bear the habit afterward. Unto which opinion, as to the more pious and pitiful, the Bishops inclining, demanded to have delivered unto them, as Clerks, all such felons, as had been Clerks or taken for Clerks before the Council. But the King, and his Counsel were of an other opinion, to wit, that Pope Gregory his decision was in general terms, and excepted none, neither before, nor after, and thereby understood and meant to exclude all.  
33. This is the case, and this is the decision thereof. And now let the discreet Reader judge, whether this example maketh more for M. Attorneys purpose, or against him; for that here the King & his Counsel do stand more strictly to the observance of the Pope's decree as it lieth, than those Bishops themselves, (who would have had these Bigamyes delivered unto them as Clerks) and therefore urge to have it punctually and exactly observed. And for that men of reason might marvel, why M. Attorney, a man of such account in the law, hath brought in such an instance, so impertinent to his purpose, he seeketh to remedy the matter, by this note in the margin: Observe (saith he) how the King by the advise of his Counsel, expounded how the said Council of Lion should be understood, and in what sense it should be received, and allowed here. 
A poor commentary and shift of M. Attorney.  And why is all this diligent commentary think you? Forsooth to the end, that you may imagine, that the King and his Counsel took themselves to be above the Pope, and general Council of Lions, for that they took upon them to expound, & admit the said councils decree. By which argument M. Attorney, may prove also, that Archbishop Peckam of Canterbury calling a Synod (as before you have heard) of his Bishops Suffragans, and other Prelates, for receiving, publishing, and observing the said decrees of the same Pope and Council, the very next year after it was held, did think themselves to be above the said Pope and Council, and to have authority over them, for that they received, allowed, and expounded the same decrees. And doth not every man see the folly of this kind of reasoning?  
34. And yet you must note further, that for better bringing in of this argument, M. Attorney, straineth the text extremely in three or four things, to make place for this his note. For whereas in the latin text of the Statute (for K. Edward the first put forth in latin, and so is it extant until this day) it is said: Quidam Praelati s●●quam Clericos exigerunt sibi liberandos, etc. Certain Prelates did require, or exact, to have such Bigamies delivered freely unto them as Clerks, which were made Bigannies before the said constitution; M. Attorney saith: Certain Prelates have prayed to have them delivered: whereas between exigere and rogare, to exact, and pray, is a great difference in this case.  
35. And again where it is written in latin: Concordatum est & declaratum, coram Rege & Consilio suo, quod constitutio illa intelligenda fit, quod siuè effecti fuerunt Bigami ante praedictam constitutionem, siuè post, de catero non liberentur Praelatis, imò fiat de iis justitia sicut de Laicis: M. Attorney to aggravate the King's accord and declaration, 
How M. Attorney straineth the ●ext to help himself.  over that of the general Council, putterh it down thus: It is agreed and declared, before the King and his Counsel, that the same constitution shallbe understood in this wise. Whereas the Latin speaketh in the present tense, It is to be understood, nor hath it the words, in this wise. And where M. Attorney saith: They shall not from hence forth be delivered, but justice shall be executed upon them, as upon other lay men: those shalls b● not in the Latin, but rather that they may, or must not be delivered unto Prelates, but that justice be done upon them, as upon lay men. So that hereby you see the labour that M. Attorney taketh to draw a little water to his mill, and yet that nothing cometh but puddle, that driveth not but choketh the same. Let us see his fourth instance, whether it be of any more weight or moment than the rest.   

The Attorney.  
In an act made at the Parliament holden at Carleile in the 25. 
4 instance.  year of the said King Edward the first, It is declared, that the holy Church of England was founded in the state of Prelacy, within the Realm of England, by the King and his progenitors, etc. 
Statutum de anno. 25. Edou●. 1. Carlisle. vide 20. Edovar. 3. tit. Essom. 24.  For them to inform the people in the law of God, and to keep hospitality, give alms, and do other works of charity, etc. And the said Kings in times past, were wont to have their advise, & counsel for the safe-guarde of the Realm, when they had need of such Prelates and Clerks so advanced. The Bishop of Rome usurping the signories of such benefices; did give, & grant the same benefices to Aliens, 
Nota. The first attempt was to usurp upon such Ecclesiastical things as appertained to the Clergy of England, who at that time stood in great awe of the church of Rome.  which did never dwell in England, and to Cardinals, which might not dwell here, etc. in adnullation of the state of the holy Church of England, desherison of the King, Earles, Barons, and other nobles of the Realm, and in offence, and destruction of the laws, & rights of this Realm, and against the good disposition, and will of the first founders: It was enacted by the King, by assent of all the Lords, & Communality in full Parliament; that the said oppressions, grievances, and damage in this Realm, from thence forth should not be suffered, as more at large appeareth by this Act.   

The Catholic Divine.  
36. This Parliament of Carliele which M. Attorney ascribeth to the 25. year of King Edward's reign, 
The answer to the fourth Instance of M Attorney.  both in his latin and English columns, I do imagine to be an error, in place of the 35. for that I find no Parliament held upon the five and twentieth, in which year King Edward was partly in Scotland, and partly in Flanders, and there kept his Christmas in the City of Gaunt. But upon the 35. year, which was the last of King Edward's reign, there was a Parliament held at Carliel upon the Octaves of S. Hilary. In which Parliament there was such a declaration, and complaint made, as here it set down: that the Bishoprics and benefices being often given to strangers by the Pope's provisions, who residing not in England, nor keeping hospitality, nor being able to preach, or teach, for that they wanted the English language, the Church of England, 
Inconveniences by promoting strangers in England.  and poor people thereof did suffer much inconvenience thereby, and for that the Bishoprics and Prelacyes of the said Church, were founded ordinarily by Kings and Princes of the said land, they said it was reason, that they, as patrons, should present English men to the same.  
37. And these complaints which now we have heard, began in diverse former King's days, especially under King Henry the third, and were continued under this man, and his Successors; but most of all urged under King Edward the third, and King Richard the second, by whom greater restraints were made, until the Sea Apostolic and our Kings came to a certain form of agreement, as in other countries and Kingdoms also they did, though in different sorts, how benefices should be provided, to wit, 
divers agreements for provision of Benefices.  by election of the Dean & Chapter in some, and by Kings and Princes nominations in others, as also by provisions of Bishops in lesser preferments: Wherein notwithstanding the said Sea Apostolic retained divers gifts to itself, as in sundry countries is seen at this day, by use and practice.  
38. Well then the States of England at this time said & decreed, that the abuses of bestowing English benefices upon strangers, were not to be suffered; especially such as had been newly brought in by one William Testaw, sent thither out of France by Pope Clement the fifth, 
West monast. anno. 1307.  for so testifieth Matthew Westminster that was then living, whose words are these: The King held a Parliament at Carliele, wherein greater complains, than ever before, were made of the oppression of Churches and Monasteries, and many extortions used by one Master William Testaw the Popes Clerk, 
Remedy sought from the Pope himself.  to whom commandment was given by the assent of the Earls and Barons, that he should not use like extorsion for the time to come. And moreover it was ordained that for obtaining remedy, 
Walsing. Ibidem.  certain messengers there assigned should be sent to the Pope. And the very self-same thing writeth Thomas Walsingam. And this is all the remedy, mentioned by these men to have been taken at that time, to wit, supplication to the Pope himself, that he would put thereunto convenient redress, which well declareth the respect borne to that Sea.  
39 And albeit this Statute here mentioned by M. Attorney may be supposed also to have passed at that time; yet may it appear by the words of other Statutes after, in the time of King Edward the third, 
See statute anno. 25. Edovards. 3.  that the same was not put in ure until his days, as in his life we shall show more particularly. And what maketh all this now for M. Attorney? or what rather doth it not make against him? For here the whole Parliament of Carliele acknowledging the Pope's spiritual authority, 
The statute of Carleile maketh nothing for M. Attorney.  as appeareth by their manner of writing unto him, complained of certain abuses, or excesses, stretching themselves in a certain sort, as they pretended, to temporal commodities, and sought remedy thereof from himself. And can any thing be more clear against M. Attorney then this? Surely at the bar, he durst not for his credit's sake plead in this manner, & much less should he do it in a book, wherein the speeches remain longer to the view of the reader, then do fleeting words to the hearer at the bar. But enough of this. M. Attorney pleadeth well where he hath truth and substance for him; in this cause both do fail him: and what then can he do, but cast shadows, as here you see that he doth?    

OF KING EDWARD THE SECOND, Which was the tenth King after the Conquest. §. 11.  

This King began his reign an. 1307. and reigned 19 years to wit, until 1326.  40. Much less is needful to be said of this King, then of the former, both for that his reign was shorter, and much more troublesome in temporal affairs, which gave less place to spiritual: and now also our Authors, that were wont to note more diligently such matters, do in great part fail us. For that Matthew of Westminster endeth with King Edward the first, as the other Matthew Paris before him, did with this man's father K. Henry the third; and Roger Hoveden before him again with K. john; and William Nubergensis & Petrus Blesensis before them, with K. Richard ● & William of Malmesbury, Henry Huntingdon, as also Florentius Wigorniensis with his continuance, 
Ancient English writers when the end.  made an end of their histories partly under K. Stephen, and partly under K. Henry the first: so as now downward from this King Edward the second, we shall only have Raynulph of Chester, and Thomas Walsingam for the most ancient writers of this time that doth ensue, who yet are nothing so copious or diligent, as divers of the former.  
41. This Edward therefore second of that name, and surnamed of Carnarvan, for that he was borne in that town of Wales, when his Father lay with an army in those parts, to reduce that country to subjection, as he did, who being of the age of twenty three years, when his father died upon the borders of Scotland in the year 1307. & receiving two special things in charge (saith Walsingam) from his Father, under pain of his curse: 
Walsing, in 〈◊〉. 1307.  The first, that the should prosecute presently and end the enterprise began against Scotland, before he went to London or procured to be crowned: the second that he should not touch or waste, but send to the holy land, a certain sum of money, which his said Father had laid together for the assistance of that war, to the which he had purposed to go himself in person, if he had lived, 
Stow in Edovardo p. ●●●ine vita.  (Whereunto john Stow addeth a third in these words: His father charged him on his curse, that he should not presume to call home Pierce of Gaveston, by common decree banished, without common consent etc.) Notwithstanding all these admonitions and threats, this careless young Prince performed no one thing of the three, but got himself presently into France, and there was married in Bullen, 
The ill success of King Edwards marriage ●n France.  unto Lady Isabella, only daughter of Philip the fourth, surnamed the fair, King of France, and in that marriage, and triumph thereof, spent the foresaid money, which prospered afterward accordingly: for that this marriage and wife was the cause and occasion not only of his overthrow, and miserable ruin, but of all the wars in like manner, that ensued for many years after, between France & England. For that she being the only daughter and heir, as hath been said, to the King of France, her son Edward the third, in her title began first the said wars, which brought finally the loss, not only of that which was gotten of new, but of all the rest, that we had before in France, and she taking a deep disgust with her said husband for his disordinate affection to Pierce Gaveston (whom presently after his father's death he recalled from banishment) the two Spencers and others misliked by her, and the greater part of the Realm: she finally after many troubles, wars, insurrections, and great store of Noblemen cut of and destroyed on both parts, prevailed against the said King her husband; and having on her side the authority of her young son the Prince, and all his followers, did put down the said King, deprived him of his crown, set up her young son in his place, committed the other to prison, where soon after he was pitifully murdered. And these are the varieties of worldly fortunes, these the frailtyes and uncerteintyes of earthly Greatness; And where King Edward placed all his pleasure, from the same spring issued forth the beginning and progress of all his misery.  
42. But as for his religion and judgement therein, notwithstanding all other his errors in life and behaviour, that it was constantly Catholic, according to that which he had received and inherited from his Ancestors, no doubt can be made at all. For that the whole State of his realm, touching Ecclesiastical affairs, remained as he found it, and as it had continued in the times of his progenitors; and that the Bishops of Rome, had general authority over England in his days, not only in mere spiritual jurisdiction: (which all the Bishops of England professed to receive from him) but also in external disposing, when he would, of bishoprics and other Prelacies, notwithstanding all the complaints made in his Fathers, and grandfathers times about that matter, may be made evident by many examples.  
43. For first we read that in the year 1311. when Pope Clement the fifth in a Council at Vienna in France, upon many grave and urgent causes, 
The suppression of the Knights of the Temple.  as was pretended & alleged, did put down the whole order of knights called Templarij (for that their first institution was, to have care to defend the Temple of jerusalem against infidels) and did appoint their lands (which were many and great) to be given to an other newer order which then begun, named Hospitalary, for that they had the care of the hospitals, wherein Pilgrims were received; (which now are the knights of S. john 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 been said: yet was that Decree obeyed in England without resistance, and the persons deprived, and put to perpetual penance in a Council at London anno 1311. and their said lands and goods given to the other sort of knights, and confirmed by Parliament in London 13. years after, 
Walsi●gam in. storia Ed●u●r● 2. anno 1311. & 1●24. ●o●dor & Stow Ibidem.  to wit, in the year of Christ 1324. which was the 17. of King Edward's reign, as Walsingam and others do testify, which well declareth what the Pope's authority was at that day in England.  
44. Again we read that in the year 1319. which was the 12. of this King's reign, great war being between England & Scotland, King Edward had procured that Pope john the 22. should send two Cardinall-Legates into England, to examine the matter how it stood, and to punish by Ecclesiastical Censures, that party, that should be found stubborn and repugnant to reason: Where upon finally, having heard both sides, and finding Robert Bruse King of Scotland, to have offered injuries to the King of England, 
Recourse made to the Pope by England and Scotland in their greatest controversies Walsing. anno. 1319. & 1323.  they pronounced sentence of excommunication against him, and put the whole Kingdom under interdict: For releasing whereof the said King Robert, and the State of Scotland 4. years after, sent a solemn embassage to the Pope, to wit, the Bishop of Glasco & Earl of Murray, which being understood by King Edward, he sent also a messenger on his behalf, to contradict the same. And albeit him Ambassador (saith our Story) in dignity were but a simple Priest, yet so many reasons, and accusations he alleged against them● or K. Edward and his c●u●e as the Scottish Ambassadors ●●ld obtain no release at that time. And this for the Pope's au●●●●●●y in those days for public affairs.  
45. But as for private matters of England, especially the disposing of bishoprics, confirmation, & investitures of all Bishops, 〈◊〉 notorious, and might be declared by infinite examples, that ● remained now, as before under all other Catholic Princes. For among other points we read, that when in the year of Christ 1312. Robert Winchelsey Archbishop of Canterbury died, the Monks of that place according to the custom, chose by the liking and procuration of the King, one Thomas Cobham, a man of eminent learning and virtue, who going to Avignon in France, 
The ●. of Canterbury made by the Pope's provision.  where Pope Clement the fifth lay at that time, to receive his confirmation and investiture, as the manner was in those days, the said Pope told him, that long before in the other Archbishop's life, he had reserved the collation of that archbishopric to himself, for that time, and thereupon pronounced that election to be void, adding further this consideration; that England being ●● that day in great troubles and disgust, for that many Lords & Barons had showed their mislike against the King, and the King against them: it was needful to have in that place of Canterbury, a man of great credit and experience in such affairs; and therefore named one William Reynoldes Bishop of Worcester, and Chancellor of the Realm at that day, and presently sent him both his investiture, and pall; wherewith the King and Queen being greatly contented, were present at his consecration, and so he lived and governed 19 years after in that Sea, with great commendation. So as we see that the restraint of Papal provisions made at Carliele under this man's father was not yet put in practice.  
46. And the like reservation we read that Pope john the 22. made of the Bishopric of Winchester afterward in the year 1320. and thereby did disannul the election made by the Monks of that place, with consent of the King, and placed another of his own choice, which the King also after some time admitted; So as this was very ordinary in those days. We read likewise that in the year 1324. a Parliament being called at London, and King Edward growing now, by evil counsel of the Spencers and others, into great disorder, he caused one Adam Bishop of Hereford, that favoured not his proceedings, to be arrested of treason, & brought forth publicly to be tried, laying to his charge that he had ●●ceaued, and favoured diverse of those Barons, which had taken arms against him. But the foresaid Archbishop of Canterbury, and his brethren Bishops seeing this disorder, made first humble supplication to the King, that he might be tried according to his place & degree, and that not prevailing, they required the same by law, according to the liberties and privileges of the Church, 
The Bishop of Hereford taken from the bar by Ecclesiastical authority.  confirmed by Magna charta, & other laws of the Realm. Whereupon he was delivered to the custody of the said Archbishop of Canterbury: but afterward he being called for again, by the instigation of such as were his enemies, and carried to the bar, the said Archbishop of Canterbury, and the other of York, with ten other Bishops went thither in judicial manner, with their crosses borne before them, commanding under pain of excommunication, that no man should stay him, or lay hands on him, and so took him away to the Archbishop's custody again. Whereby we may see, in what vigour Ecclesiastical power was at this day in England. And albeit the King being in passion, did storm greatly thereat, and seized presently upon all the said Bishops goods and lands, as he had done upon those of the Bishop of Lincoln, and of others before: yet could he not deny, but that this was law & justice, which the Bishops did, according to the Ecclesiastical privileges of the Realm, whereunto the King himself, and all his ancestors in their coronations, had solemnly sworn. For breaking whereof it may be presumed, that so great a punishment fell upon him, as soon after ensued, to the horror of the whole world, by deprivation both of his Kingdom, and life. And so much of him. Now let us see what instance M. Attorney can draw from him to his purpose. It is but one, and thus it runneth in his own words.  

The Attorney.  
47. Albeit by the ordinance of Circumspectè agatis made in the 18. year of Edward the first, and by general allowance and usage, the Ecclesiastical Courts held plea of tithes, obuentions, oblations mortuaries, redemptions of penance, laying of violent hand● upon a Clerk, defamations, etc. yet did not the Clergy think themselves assured, 
The statute of Edw. 2. articuli ●l●●i cap. 36.  nor quiet from prohibitions purchased by subjects, until that King Edward the second by his letters parents under the great seal, in, & by consent of Parliament, upon the petitions of the Clergy, had granted unto them to have jurisdiction in these cases. The King in a Parliament holden in the ●. year of his reign, after particular answers made to their petitions, 
Eos the ordinance of circumspecté agatis ●do. 1. so this effect.  concerning the matter above said, doth grant and give his Royal assent in these words: We desiring, as much as of right we may, to provide for the state of the Church of England, & the tranquillity and quiet of the Prelates of the said Clergy, to the honour of God, 
●y this statute of the ●. of Ed. 2. and 15. of Edw. 3. cap. 6. 31. E. 3. cap. 11. and by other statutes heretofore mentioned; the jurisdiction of the Ecclesiastical courts i● allowed & warranted by consent of Parliament in all cases, wherein they now have jurisdiction, so as these laws may be justly called the King's Ecclesiastical laws, or the Ecclesiastical laws of England.  and the amendment of the State of the said Church, and of the Prelates and Clergy, ratifying and approving all, and singular the said answers, which appear in the said act, and all, and singular things in the said answers contained; we do for us, and our heirs grant, and command that the same be inviolably kept for ever; willing, and granting for us, and our heirs, that the said Prelates, and Clergy, and their Successors for ever, do exercise Ecclesiastical jurisdiction, in the premises, according to the tenor of the said answer.   

The Catholic Divine.  
48. If a man would ask M. Attorney in this place, why he hath brought in this instance, and what he would prove thereby, I think verily he would be much graveled in answering, especially if we respect his principal Conclusion, that by this and like presidence Q. Elizabeth might take upon her supreme authority Ecclesiastical: for that by this narration, nothing else is declared, but that a certain abuse being crept in, that when any external matter, seeming any way to belong to temporalityes, was handled in Ecclesiastical Courts, and by Ecclesiastical judges, the party that feared, or suspected his own cause, would inform the King's Courts, that the matter belonged to them, and thereupon would get out a prohibition from the Chancery, to sursease in that cause, until it were tried, to which Court it belonged. By which deceitful, and malitions proceeding of some, much trouble was procured, and many causes rested indetermined, both in the one, and the other Court: 
Statut. de Consult. editum an. 24. E. 1. The explication & true meaning of the former provision.  for so saith the Statute itself made in the time of King Edward the first this man's Father, in these words: Whereas Ecclesiastical judges have oftentimes surceased, to proceed in cases moved before them, by force of the Kings writ of prohibition, etc. to the great damage of many, as the King hath been advertised by the grievous complaints of his subjects, etc. For this cause many orders and Statutes were made, under all three Edwards for remedying of this abuse; as for example under Edward the first, the foresaid Statute hath this determination: That the 〈◊〉 or chief justice of the King for the time being, if they see that the case 〈◊〉 be redressed by any writ out of the Chancery, but that the spiritual 〈◊〉 ought to determine the matters; that then they shall write to the Ecclesiastical judges, before whom the case was first moved, to proceed therein, notwithstanding the King's prohibition unto them before.  
49. And to like effect is this other ordination here mentioned by M. Attorney of Circumspectè agatis: whereby is ordained that temporal judges shall use themselves circumspectly in meddling with causes that belong to spiritual courts. 
〈…〉 ●●d●●ations 〈◊〉 anno. 5. Edovardi. 2.  And to the same effect is this Statute here alleged under King Edward the second, as also this other set down in these words: They that purchase prohibition, and attachment against the Ordinaries, of a thing that belongeth not to the lay Court, shall yield damages to the Ordinaries, by the award of the justices. And yet further to the same effect, it was decreed by King Edward the third after this manner: 
〈◊〉 18. 〈◊〉. ●. cap. 5.  That no prohibition go out of the Chancery, but in case where we have the conusance, and of right aught to have.  
50. And finally to pass no further in this, the Statute made in the 9 year of this King entitled: Articuli Cleri: Articles of the Clergy, containing sixteen branches, do appertain to this affair, to show, 
Different Courts show different origen of authorities.  and declare what causes do belong to the spiritual court, and what to the temporal, and whereof both the one and the other may take conusance; and consequently in what matters, the King's prohibition may go forth, or not: all which is clearly against M. Attorney his purpose. For if the temporal Prince, were properly head of the one and the other court, and fountain both of the one and other law, and jurisdiction; this ado needed not, but that the King might indifferently dispose of all.  
51. But consider I pray you, M. Attorneys note, or commentary in the margin, whereby he would seem to answer our former demand, why he bringeth in this instance. By these statutes (saith he) the jurisdiction of the Ecclesiastical Courts, is allowed and warranted by consent of Parliament, in all cases wherein they have jurisdiction: so as these laws may be justly called the King's Ecclesiastical laws, or the Ecclesiastical laws of England. So he. And you will easily see hereby, how much he delighteth himself in this new witty invention of his own, so often repeated by him, whereby he would make the Pope's Canon-lawes, to be the King of England's laws, for that they are admitted and obeyed in England ● of which silly consequence, I have oftentimes made mention before, 
M. Attorneys common refuge refuted.  showing the weakness and incongruity thereof. For that by this reason the self same Canon-lawes received, & admitted by all particular states of Christendom, may be said to be the peculiar laws of every particular state. And if this be a superiority, as M. Attorney would infer, to admit, and allow another Prince's laws, then is every particular state of Christendom above the Pope & General councils, which made these laws. Wherefore as well in this, as in all the rest, we see the weakness of M. Attorneys cause: and so we shall pass to other Princes, that do follow, leaving this disastrous K. Edward the second, who soon after fell into a pitiful plight of calamity, being deprived both of his Crown, and life for his ill government, and his young son placed in his room, as our histories at large do declare.     

OF K. EDWARD THE THIRD, And K. Richard the second his Nephew, and Successor: And what instances or arguments M. Attorney draweth from their two reigns, which continued between them for seventy years. CHAP. XII.  
THESE two are the Kings, above all the rest, from the beginning unto K. Henry the 8. under whose government, M. Attorney gathereth and layeth together most objections, to prove the small respect they had, or used in certain cases and occasions, and at some times, towards the Sea Apostolic, and Ecclesiastical power thereof; for that they made most restrictions by penal laws, 
These 2. Kings made most restraints.  and punishments against the practice and use thereof, in certain cases mixed, as they presumed, and conjoined with temporalityes, or affairs of the State, and so not merely Ecclesiastical.  
2. For albeit before this, there had been great murmurings and complaints, as you have seen, from the time of K. Henry the 3. and his father King john, against some part of the exercise of the Pope's authority, in bestowing benefices and Bishoprics upon strangers; as also of the often reserving the collations of the chief to himself, and his Court, of demanding, and granting tithes, & contributions upon the English Clergy, as well for his own, as other public necessities: yet find we not hitherto, any express penal law put in ure and practice (though mention be found of one made at Carleile under K. Edward the first, the 2. year of his reign) to this effect, for restraining provisions, and other ordinances from the Court of Rome, and the execution thereof by English subjects, until under these two Kings, Edward the 3. and Richard the 2. and not by the former, until after many years of his reign, when by his continual wars with France and Scotland, his temporal necessities and other respects drew him thereunto. And some men do note that the lamentable ends of both these Kings (whereof the worst seemed to some to be that of King Edward, though he died in his bed) together with infinite bloodshed afterward by their successors, divided in their own bowels, upon the controversy of Lancaster and York, did easily show how ungrateful to all mighty God this breach of theirs, 
The punishment of these two Princes and their posterity for their violence used towards the church  and violence used with their Mother the holy Church was, though it might seem to them, and some others also, that it was either in temporal matters, or in Ecclesiastical conjoined (as hath been said) with temporalities; and that beside, they were urged thereunto by important clamours of their people, partly upon emulation against the Clergy, and partly upon some abuses and aggreivances, as they pretended in their supplications and declarations to the Popes themselves about these affairs, pretending to hold still (as no doubt they did) their inward faith, belief, devotion, and obedience to the Sea Apostolic, though outwardly they were forced to take the way of redress, against some excesses; which they did.  
3. And now we have already heard, the foresaid complaints oftentimes iterated in the lives of the former Kings; but especially under Henry the third, and the two precedent Edward's, that ●●sued him, which being continued under this third of the same name, he being a warrior, & having thereby all ways commonly great need of money, was induced at length for increasing his own temporal wealth, to lay hands upon the spiritual; especially such as was wont to go out of the Realm to the Court of Rome, or accrue to strangers that had benefices, or Ecclesiastical livings within the Realm, both religious and other. To which consideration he had these particular motives peculiar to his time and state, that he having for some years before proclaimed himself King of France, and taken the Arms and Title of that Kingdom upon him, as due unto him by succession, for that he was next heir male in blood to King Philip the 4. surnamed the fair, that by his mother Queen Isabel was his Grandfather, and all the Popes at that time being Frenchmen, 
Particular motives of K. Edward 3. for proceeding as he had.  and lying at Avignon in France for seventy years together, and the most part of the Cardinals and Court being in like manner of the same nation, that were ordinarily provided by the Popes of benefices and Bishoprics in England, and thereby not fit, as was pretended, to teach, preach, or reside there: King Edward, besides the regard of other inconveniences, entered into jealousy also of state, thinking that these men were enemies to his pretences in France, and thereupon was the more pricked, to make the prohibitions and laws, which he did.  
4. But yet writing first thereof to the Pope himself in most humble, and dutiful manner, requesting redress and remedy immediately from that Sea, as by his letters yet extant doth appear; 
Walsingam in vit. Ed. 1. anno. ●341.  upon this occasion (saith Walsingham) for that Pope Clement the 6. which once had been Archbishop of Roan in Normandy, a man of eminent learning, but of profuse liberality, made provisions unto two French Cardinals, for their maintenance of two thousand marks a year upon Bishoprics and Abbeys in England, without the King's knowledge or consent, wherewith he being much offended, commanded first the Procurators of the said Cardinals, to surcease and depart the land upon pain of imprisonment, & then wrote unto the said Pope, that famous letter (saith our Author) for the liberty of the Church of England, which he and others do set down; The Title whereof is this, Sanctissimo in Christo Patri, ac Domino, Domino Clemanti, divina providentia Sacrosancta Romana, & Vniuersal●● 〈◊〉 Summo Pontifici, Edwardus eadem gratia Rex Francia, & Anglia, etc. ●●●uota pedum oscula beat●rum. 
The King's letter to Pope Clement the sixth.   
5. This is the Title, and inscription of his letter, whereby we may see, what account he made of the Sea Apostolic, and Bishop thereof. And in the prosecution of the said letter, he layeth down first how all the Bishoprics, Prelacyes, 
The complaint & reasons against provisions from Rome.  and benefices 〈◊〉 England being founded by the devotion of Christian Kings, ●ishops and Noblemen thereof, to the end that the people might be instructed, the poor relieved, the Churches served, the Princes assisted by Counsel, and help of the said Prelates: (according to that we have heard touched before in the Statute of 
* Sup. 35. ●. ●.  Carliele under this man's Grandfather, and otherwise often repeated upon other occasions) all these good ends were said now to be evacuated, by that the Sea Apostolic reserving the coll●tions of such spiritual livings, to the Court of Rome, unfit men; & strangers for the most part, were preferred, and thereby Englishmen discouraged and damnified, the patrons of benefices deprived of their right of presentation, & many other such inconveniences ensued.  

Walsingam 〈◊〉 vita Edovards. 3.  6. Wherefore considering all these points (saith the King) P●●sata etiam devotionis plenitudine, quae domus nostra Regia, & Clerus, & ●●pulus dicti Regni perstiterunt hactenùs in obedientia Sedis Apostolica, etc. Considering also the fullness of devotion, wherewith our Kingly family, as also the Clergy and people of our Realm have persevered hitherto in the obedience of the Sea Apostolic; it seemeth right, that you, as a Father providing for his children, should with paternal affection, alleviate the burdens of your said children, and permit for the time to come, that Patrons of benefices may have that solace, as to present fit persons, without impeachment to the said benefices, whereof they are patrons; and that Cathedral Churches, & others of the said Kingdom may be provided of Pastors, 
The humble supplication of King Edward to the Pope before he made his restrictions  by free elections, etc. Wherefore we ●●seech your Benignity, to vouchsafe, even for the honour of God, and salvation of souls, and for the taking away of the foresa●● scandals and offences, to put quickly some whole-some temperament unto these matters, to the end that we, who do ●●●rence, as we ought to do, your most holy person, and the holy Roman Church, in paternae vestra dilectionis dulcedine quie scam●● may rest in the sweetness of your fatherly love towards us. 〈◊〉 ●●●●lissimus, ad regimen Ecclesia Sua Sancta, per tempora prospera & lon●●●. The most high God preserve you, to the government of his holy Church for many and prosperous years. Given at Westminster the 26. day of September, upon the 4. year of our Reign over France, and 27. over England.  
7. here we see with what respect to the Sea Apostolic, King Edward pretended to make the restraints, which he made of provisions from Rome: and to show more his confidence and acknowledgement toward the said Sea, he sent soon after the very same year, unto the said Clement the 6. a most honourable Embassage by Henry Earl of Lancaster and Derby, 
King Edwards great embassage unto the Pope.  as also the Earls, Spenser, and Stafford, together with the Bishop of Oxford, to treat with the said Pope, and lay before him the right which he pretended to the Crown of France, though not in form of judgement, or to put the matter in trial (saith Walsingham) but as to a father and friend; he having 4. years before that, written largely of the ground of his said right, unto this man's predecessor Pope Benedictus the 11. and to the whole College of Cardinals, himself being then at Antwerp, upon the 16. of july. Anno Domini 1339. and 13. of his Reign.  
8. His epistle to the Pope had the same title, which the other before; and that to the Cardinals; Amabilium Deo patrum Sacrosancta Romana Ecclesiae Cardinalium Collegio venerando, etc. In the prosecution of which letter to the Pope after a large demonstration of his title, he hath these words. Non igitur apud vestrae viscera misericordia & Sanctitatis, locum inveniat detrahentium informatio amula, etc. Let not therefore the emulous informations of detractors, 
King Edward's protestation of obedience for himself and his.  find place in the bowels of your mercy and Holiness, against such a son of yours, as by hereditary right of all his progenitors, doth and will for ever immovably persist in your obedience, and in the obedience and grace of the Apostolic Sea, etc. And we do intimate this process of our justice (to the said Crown of France) and of the injury done against us, by detaining the same, unto the pre-eminence of your holy Highness, that by your supreme, and holy measure of right and equity, (whereunto belongeth upon earth to open and shut the gates of heaven, and to whom appertaineth the fullness of power, & supereminency of tribunal) you will favour our right so much as reason requireth; Parati semper ne dum à vestro sancto cunctis presidente judicio, imò & à quo●i● alio de veritate contrarij, si quis eam noverit, humiliter informati. We being ready always to be humbly informed of the truth of the contrary, not only from your holy judgement, which governeth all, but from any other, that knoweth the same.  
9 So K. Edward to the Pope at that time, concerning his great controversy of France. And albeit he was never wholly devoid of the jealousies & suspicions before mentioned, that those French Popes did favour more his enemies the Kings of France, than himself; and did assist them also oftentimes with grants of great pecuniary succours, upon the Clergy, as himself in some letters doth complain: yet did he never for this, lose any inward respect, reverence or obedience to the said Sea Apostolic: No, nor did the said Sea cease for many years after, to use her ancient custom of providing Bishoprics, and Prelacies in England, though commonly they were Englishmen only. As for example, the very next year after, to wit, 1344. and 18. of King Edward's reign, 
The continuance of the Pope's pro●●●●● in England.  the said Pope Clement made Bishop of Norwich one William Bate-man, that had been Auditor of his Palace and Court in Avignon. And in the year 1362. Pope Vrbanus the fifth made Bishop of Lincoln by his provision, one john Buckingham, and of Chichester one William Lynne, and King Edward admitted the same without resistance. And four years after that again, the same Pope, upon the death of Simon Islep Archbishop of Canterbury gave that Bishopric by his provision to Simon Langtham, that was Bishop of Ely, and translated john Barnet Bishop of Bath from that Sea, to Ely, and one M. john Harwell, being commended greatly by Prince Edward of Wales to the said Pope, was admitted by him, to the said Bishopric of Bath; as also William Wickham, bearer of the King's privy signet, 
Walsing in vita Ed ●. an. 1366.  was preferred by the said Pope, unto the Bishopric of Winchester, Domino Rege procurante (saith Walsingham) that is, King Edward procuring and labouring for the same.  
10. And two years after this again, in the year 1368. we read, that the foresaid Simon Langtham, being made Cardinal by Pope Vrbanus, and thereupon resigning his archbishopric of Canterbury, the Pope by his provision, gave the same to William Wriothesley Bishop of Worcester; and the foresaid Lynne Bishop of Chichester, he translated unto the Bishopric of Worcester; and unto the Church of Chichester, 
divers other examples.  he promoted one William Roade. In all which we read not, that K. Edward made any difficulty. And the very next year after this again, we find registered, that the same Pope provided the Churches of Norwich, Hereford, and Exce●●● of Bishops by his own provision; only it is said of the later of the three, quod Thomas Brangthingham favore literarum Domini Regis Edwardi, ad Exoniensem Ecclesiam promotus est. Thomas Brangthingham was promoted by the Pope, to the Church of Excester, through favour of the letters of K. Edward.  
11. And finally this matter went on in this manner, until towards the later end of K. Edward's reign, when he growing old and feeble, as well in judgement, as in body, and matters depending most upon his son john of Gaunt, who was a disorderly man in those days, and much cried out upon, by all the Commonwealth, as may appear by that he was afterward deposed by Parliament from all government (though it lasted not long) & showed himself enemy to the State of the Clergy, as soon after he well declared, by the imprisoning of William Wickham Bishop of Winchester, assailing Courtney Bishop of London, favouring the famous heretic john Wickliff at his beginning publicly, and other such signs and demonstrations: at this time (I say) being the 47. of the reign of K. Edward, 
The law of praemunire.  according to Walsingham, or 49. according to Polidor, (though the book of Statutes doth appoint in the 25. and 27. years of the said King's reign) were the Statutes made (or perhaps begun to be put in execution) against recourse to Rome, except in causes of appellation, and against provisions of benefices to be gotten or procured from thence, & not at home, by the patrons thereof. Rex Edwardus (saith Polidor) primus omnium de Consilij sententia, indixit immanem illis paenam, qui in posterum impetrarent ubivis gentium Anglicana sacerdotia à Romano Pontifice, aut causas, nisi per appellat tonem, ad eundem deferrent, etc. 
Polidor. hist. Angl. lib. 19  Lex provisionis sive de Praemoneri vocitatur. King Edward first of all other Kings, by the sentence of his Counsel, did decree most horrible punishment unto those, that for the time to come, should in any part of the world, obtain English benefices from the Pope of Rome, or should carry any causes unto him, but only by appellation. The law is called the law of Provision, or Praemunire.  
12. And the same Author addeth further, that Pope Gregory the 11. hearing of this law, took the matter grievously, and wrote to King Edward for the revocation thereof: but there ensuing presently a great schism in the Church of Rome, which endured almost 50. years, until the time of Martin the 5. King Edward also not living many years after, and the disordinate government of his Nephew K. Richard the 2. with the tumultuation of the Wickcliffians succeeding, nothing was done therein. And yet doth it appear by Walsingham, that upon that very same year of 1374. which was the 48. of K. Edward's reign, 
A concordate between the Pope and K. Edw. for provisions.  there was a treaty begun in the month of August, at Bruges in Flaunders, between Ambassadors sent both from the sorsaid Pope Gregory, and King Edward, to treat of these points, and that the said treaty endured almost two years: Et tandem (saith he) concordatum est inter eos, quod Papa de catero, reseruationibus beneficiorum minimè uteretur; & quod Rex beneficia per literas (Quare impedit) ulterius non conferret. At length it was agreed between them, that the Pope for the time to come, should not use reservations of benefices to himself; and that the King should no more bestow benefices by his writ of Quare impedit.  
13. Thus much writeth Walsingham, and toucheth no other points; which yet probably may be presumed, to have been treated at that time, & namely that the Kings for the time to come, should have the nominations of Bishops, and the Pope only the confirmation and investiture, except in certain cases, as afterward we have seen practised, not only in England, but in most Catholic Kingdoms round about: but this by concession and agreement of the Sea Apostolic itself, without any least intention in the said Princes, to deny the supreme spiritual power, & authority of the said Sea; & much less to take it upon themselves, as M. Attorney would infer that they did, out of these pieces of Statutes, which he allegeth for that purpose. Whereunto now we shall answer briefly, as they lie in this book.  

M. Attorneys objections out of the Reign of King Edward the third. §. I.  
14. For that these objections are many, and little pertinent, as you will see, to the many conclusion which he should prove, that this King did take supreme spiritual authority and jurisdiction upon him. And for that the grounds of all that is here objected, have been discussed and answered, 
Supra. cap. ●. ●. 4.  in that we have set down before; and this book groweth to more length than was purposed at the beginning; and finally for that the law-book●● 〈◊〉 cited, of collections and observations by later authors (which books I have not by me) are of small authority to our purpose: I shall pass over the said objections, with the greatest brevity that I can, remitting me for the most part, to that which before hath been said, and answered.  

The Attorney.  
An excommunication by the Archbishop, 
1. instance 16 ●. 3. 〈◊〉 excom. 4.  albeit it be disannulled by the Pope or his Legates, is to be allowed; neither ought the judges, give any allowance of any such sentence of the Pope, or his Legate.   

The Catholic Divine.  
15. This assertion I do not see how it can be admitted for true, as it lieth; for so much as no author maketh mention, 
1. Answer.  that K. Edward did ever deny absolutely the Pope's authority, to excommunicate by himself, or by his Legates in England, especially upon the 16. year of his reign, as here it is noted in the margin, when he was most devout to the Sea Apostolic, & wrote the humble letter before mentioned, the next year after, according to the date of the said letter, as you have heard: only there might be this accord between them, for more authority of the said Archbishop, and peace of the Realm; that when he had given forth any excommunication, no annullation thereof from the Pope (which might perhaps be procured by false suggestion) should be admitted or executed, until the Pope were informed of the truth, & this is used also in other Catholic Kingdoms, at this day.  
16. And it were to much simplicity, to imagine that English men in those days, admitting the Archbishop's excommunication, as here they do (and for confirmation thereof we do read in Walsingham that upon the year 1340. 
Walsing. in vita Edou. 3. anno. 1340.  and 14. of King Edward's reign, john Stratford Archbishop of Canterbury, threatened the said King to excommunicate all his counsel, if he amended not certain points, wherein they offered injury to Clergy men) it were simplicity (I say) to think that the said Archbishop's excommunication, could not be controlled by that of the Pope, from whom they acknowledged the said Archbishop at that time to have his spiritual authority, if he had any at all. For from whence should they imagine him to have it? for that the Kings, as we have seen, had not so much as the nomination or presentation of Archbishops in that season, but only the Popes, & much less their induction, confirmation, or investiture. Whereupon it must needs follow, that he which gave them spiritual jurisdiction, had greater & higher jurisdiction himself, though in some cases by agreement, not to be used, as before hath been said.   

The Attorney.  

● instance.  It is often resolved, that all the Bishoprics within England, were founded by the King's progenitors, and therefore the advowsons of them all belong to the King, and at the first they were donative: 
In the Reign of Ed. 3.  and that if an incumbent of any Church with Cure die, if the Patron present not within six months, the Bishop of that Diocese ought to collate, to the end the Cure may not be destitute of a Pastor. If he be negligent by the space of six months, the Metropolitan of that Diocese shall confer one to that Church: and if he also leave the Church destitute by the space of six months, than the Common-law giveth to the King, as to the supreme within his own Kingdom, and not to the Bishop of Rome, power to provide a competent pastor for that Church.   

The Catholic Divine.  

● Answer.  17. Is it be true which M. Attorney hath so often repeated before, that the conusance, and deciding of Ecclesiastical causes, do not appertain to the Common-law, and that the provision or induction of Clerks to benefices, and giving them spiritual jurisdiction over the souls of those that be within the compass of that benefice, be of the number of those causes, which I take to be set down in like manner by M. Attorneys own pen before, under the names of admissions and institutions of Clerks: 
Snpr●. fol 9  then how can it be true, which here is said, that the Common-law giveth to the King, as to the supreme, to provide competent Pastors for that, or those Churches, that within the space of a year and half, are not provided by the particular patron, Diocesian, or metropolitan? Or where is this Common-law? How, or when did it begin (as often elsewhere I have demanded)? Either by use, or statute, or common agreement between the Prince and people? For none of these have we heard of hitherto, under former Kings, though for presenting and nomination to benefices, we have oftentimes said, that there is no difficulty, but that the temporal Prince, may present in such benefices, or Bishoprics, as he is patron of, either founding the said benefices, or by particular concession of the Sea Apostolic unto him; as we have showed more largely before in the life of K. William the Conqueror, and before him again under K. Edward the Confessor, to whom the Sea of Rome in those days, gave spiritual jurisdiction also, in some cases, over the Abbey of Westminster, & some other places of his Realm.  
18. But that the Common-law should dispose of these things, 
The common law cannot determine who shall give cure of benefices with spiritual authority belonging thereunto.  and especially give spiritual jurisdiction to the King over benefices; (for so must the meaning of M. Attorney be, if he delude not his Reader with equivocation of words) this (I say) is both contrary to his own rule before set down, and much more to reason. For that to give Ecclesiastical iurisdictiom, is much more, then to have the conusance of Ecclesiastical causes: which he denying to his Common-law, in divers places of his book, as before we have seen, cannot in reason ascribe to th'other.  
19 Wherefore though we grant this graduation here set down, as good and convevient, that if the particular patron do not present within six months, nor the Ordinary, or Metropolitan within their times prescribed, the Prince as supreme governor of the Commonwealth to see all things done in due order, may present, as if he were patron, to the said benefice; yet first this cannot come originally from the Common-law, for the reasons alleged. Secondly this proveth no spiritual jurisdiction at all in any presenter, but only power of presentation, which may be in any man that hath Ius patronatus allowed by the Church and head thereof, as before hath been said. 
This instance maketh against M. Attorney himself.  Thirdly much less doth this prove supreme authority spiritual in the Prince, as M. Attorney would infer, which is evident among other reasons by this: For that the Prince when he doth present in this manner, by lapse of time, or omission of others, is the last in power of presentation, after the Metropolitans and Bishops; which yet should be first, if he were supreme in that sort of authority, and that the matter went by rigour of law, & not by composition & agreement. And finally for that the Prince in this case cannot put in a Pastor immediately from himself, giving him spiritual jurisdiction over souls; but must present him to the Bishop or Metropolitan, to be induced by him, & endued with that jurisdiction: which he should not do, if his own authority spiritual were greater than the said Bishops or Archbishops. And so we see that M. Attorney proveth nothing by this allegation against us, but rather against himself.   

The Attorney.  

3. Instance  The King may not only exempt any Ecclesiastical person fro●●● the jurisdiction of the Ordinary, but may grant unto him Episcopal jurisdiction, 
17. ●. 3. 23.  as thus it appeareth there, the King had done of ancient time to the Archdeacon of Rick-mond.  

20. E 3. en●o●●● 9.16. E. 3 tit. b●●u. 66. 21 E. 3.6 ●. H. 7. 14. F●●z. Na. br.  All religious or Ecclesiastical houses whereof the King was founder, are by the King exempt from ordinary jurisdiction, and only visitable and corrigible by the King's Ecclesiastical commission.  
The Abbot of Bury in Suffolk was exempted from Episcopal jurisdiction, by the King's Charter. 
2. Ed. 3. ●●t. excom 6. 21 E. 3. 4. fol. 4.   
The King presented to a benefice, and his presented was disturbed by one that had obtained Bulls from Rome, for which offence he was condemned to perpetual imprisonment.  

23. E 3. l. Ass pl. 75.  Tithes arising in places out of any parish the King shall h●●e, for that he having the supreme Ecclesiastical iurisdictio●, is bound to provide a sufficient Pastor, that shall have the Cure of souls of that place, which is not within any Parish. And by the common laws of England it is evident, that no man unless he be Ecclesiastical, or have Ecclesiastical jurisdiction can have inheritance of tithes.  

27. Ed. 3. fol 84. Fitz Na. Br. fol. 34. " The King shall present to his free Chapels (in default of the Dean) by lapse, in respect of his supreme Ecclesiastical jurisdiction. And Fitz-herbers saith, that the King in that case, doth present by lapse, as Ordinary.   

The Catholic Divine.  

The Answer to the first & second 26. 〈◊〉.  20, here be divers particulars briefly touched, which I shall answer with like brevity, especially for so much as they are but notes, and observations out of particular collections of Law-writers, and not Laws nor Statutes themselves. First than it is denied, that in the time of this K. Edward the 3. his reign, either he, or any other Prince temporal, could exempt any Ecclesiastical person from the jurisdiction of his Ordinary Bishop, and much less grant unto him Episcopal jurisdiction, as of himself, and by his own power: only he might procure it by his suit to the Sea Apostolic, 
King Ed●vard did not give Episcopal jurisdiction  as before hath been showed, under K. Edward the Confessor, and other Kings before the Conquest, and divers after also, namely K. Henry the third and his children. And whatsoever is said here to the contrary for those days, is either aror or mistaking, for that it was common Catholic doctrine ●● that time, as it is now, that Episcopal jurisdiction cannot be given by 〈◊〉, but by him that hath it eminently, & with superiority in himself: 
Supra cap. 2. & 3.  which must be by ordination, commission, & descent from th'Apostles, to whom it was given in Capite, as before we have declared to descend down by succession, and the said ordination and imposition of hands to the world's end upon Bishops, Prelates and pastors, by lawful subordination the one unto the other: which cannot fall upon any lay Princes, that have not this ordination Ecclesiastical, as every man of judgement, and void of passion, will easily see and discern. And the example before alleged of the great Christian Emperor Valentinian the elder, 
The saying of the Emp. Valentin. Supra cap. 4.  that professed himself to be unum de populo & non de Clero, one of the lay people, and not of the Clergy, and consequently not to have authority to judge among them (and much less to give or exercise spiritual jurisdiction) doth show what the faith and practice of the Catholic Church was in this point, above twelve hundred years gone.  
21. Hereby than it is evident how those religious houses, whereof King Edward was founder, 
Supra cap. 6.  & namely the Abbey of Bury (which is the 3. objection) were exempted by the King's Charter from Episcopal jurisdiction, to wit, the King procured the same first from the Sea Apostolic, & then confirmed it by his Charter, as by many examples you have seen divers precedent Chapters of this Book, and namely under King Edward the Confessor, King Edgar, King Kenulph, and King Inas before the Conquest.  
22. If one was condemned to perpetual imprisonment for disturbing the King's presentation by the Pope's Bulls, it is a question de facto, as you see, & not de iure: and such might the King's anger or offence be, as he might also be put to death for it (some judges never wanting to be ready to satisfy Prince's pleasures in such affairs) & yet this doth not prove the lawfulness of the fact. And we have seen before, that this King Edward the 3. upon the 48. year of his reign, promised the Pope that he would never use more that manner of proceeding by his writs of Quare impedit, whereby it is like, this man was so grievously punished.  
23. The instance of tithes allotted to the King for maintenance of a Pastor, 
To the 4.  in places without the compass of any parish is a very poor and triflying instance. First, for that those places, that are out of all Parishes, are to be presumed to be very few; and secondly what great matter is it, if so small a thing be left in depossto with the King, for use of the incumbent that is to ensue. We have seen in our days, that tithes and rents of the archbishopric of Toledo (for example in Spain) being valued at three hundred thousand Crowns by the year, 
Trifling objections.  were depositated many years together in the King's hands that last died, whiles the Archbishop Carança was called to Rome, & imprisoned there, upon accusations of heresy, and other crimes laid against him: and in the end sentence being given, a great part of that money was granted to the said King by the Sea Apostolic, for his wars against Infidels. And yet doth not this prove that the King of Spain had this by any spiritual jurisdiction of his own, but by concession of the Sea Apostolic.  

To the 5.  24. And whereas M. Attorney saith here, that by the common laws of England it is evident, that no man unless he be Ecclesiastical or have Ecclesiastical jurisdiction, can have inheritance of tithes. I would ask him first, how he proveth that the King of England had these tithes by inheritance, and not by ordination, agreement, or convention. And secondly how his Common law can determine, that no man may enjoy tithes, but he that hath Ecclesiastical jurisdiction: whereas before in the 9 leaf of his book, he maketh tithes to be an Ecclesiastical cause, and out of the conusance of the said Common-law.  

To the sixth  25. And finally his last inference, that for so much as the King is to present to his free Chapels in default of the Dean, by lapse, that this is done in respect of his supreme Ecclesiastical jurisdiction, is altogether childish. For that first, to present, includeth no Ecclesiastical jurisdiction at all, and much less supreme; and may be exercised by mere laymen, 
Supra cap. 7.  as before hath been declared at large under King William the Conqueror. Secondly for the King to present to his free Chapels, was as much to say in those days, as that those Chapels being made free, and exempted by privileges and franquises from the Sea Apostolic (for otherwise they could not be freed from jurisdiction of their Ordinary) the King presented unto them, by virtue of the Canon-law, and commission of the said Sea Apostolic, as founder thereof.  
26. And thirdly, that he presented after the Dean, and by lapse only, and not in the first place, signifieth plainly, that his jurisdiction in that point (if presentation may be called jurisdiction, as in some sense it may) was less than that of the Dean. And so fitzherbert's words are to be understood, that in that particular case the King presented by lapse, as ordinary, that is to say, whereas in other benefices, when the patron, or party to whom the election, nomination, or presentation first & chiefly appertaineth, presenteth not within such a time, the Ordinary may present, as having (by composition) the second right, 
M. Attorneys case plain against himself.  or power in that case, and after him the Metropolitan, and last of all the King. Heer in the case of Free Chapels (whereof the King is presumed to be founder) after the Dean, which hath the first right (and this by no other means, then by concession of the Sea Apostolic in those days) the King by privilege of the same Sea, had right to enter in the second place instead of the Bishop, which proveth the quite contrary to M. Attorneys conclusion: for it showeth that the King had not supreme Ecclesiastical jurisdiction in the case proposed, but secondary, and subordinate to that of the Dean. But let us see further.   

The Attorney.  
An excommunication under the Pope's Bull is of no force to disable any man within England, and the judges said, 
The 4. Instance. 30. E. 3. l. ass. pl. 19 32. H. 4. 16 14 H. 4. 14. 8. H. 6. fol. 3. 35. H. 6. 42. 28 H 6. 1. 7. Ed. 36 14. 11. E. 4. 16 Fitz. Na. Br. fol. 64 E. vide 9 E. 4. fol. 3. hereafter fol. 11. It ought to be determined in the Ecclesiastical Courts of England. 21. E. 3. tit. ixion 6.  that he that pleadeth such Bulls, though they concern the excommunication of a subject, were in a hard case, if the King would extend his justice against him. If excommunication, being the extreme and final end of any suit in the Court at Rome, be not to be allowed within England; it consequently followeth that by the ancient Common-laws of England, no suit for any cause, though it be spiritual, rising within this Realm, aught to be determined in the Court of Rome; Quia frustra expectatur eventus, cuis effectus nullus sequitur: and that the Bishops of England are the immediate officers and ministers to the King's Courts.  
In an attachment upon a prohibition, the defendant pleaded the Pope's Bull of excommunication of the Plaintiff: the judges demanded of the defendant, if he had not the certificate of some Bishop within the Realm, testifying this excommunication; to whom the Counsel of the defendant answered, that he had not, neither was it, as he supposed, necessary; for that the Bulls of the Pope under lead were notorious enough: but it was adjudged that they were not sufficient, for that the Court ought not to have regard to any excommunication out of the Realm: and therefore by the rule of the Court, 
31 ●. 3. tit. Aid de Roy 103.  the 〈◊〉 was thereby disabled. Reges sacro oleo uncti, sunt spiritualis jurisdictionis capaces.   

The Catholic Divine.  
27. All that is here said against the acceptance, or admittance of the Pope's Bulls for excommunication in England (for of this only as speech in this place) if it be meant of this K. Edward's time only (as according to the argument it must, 
The Answer.  and we have seen that under former Kings the contrary was always in practice) how then doth M. Attorney talk here again of his ancient Common-lawes? For if it began first under this King, then was it a new law, and not ancient: and if further we find no Decree or Statute thereof at all in this King's life, as hitherto we have not, nor doth M. Attorney cite, or quote any, than might it be a matter only de facto of some judges, who according to the current of that time, and as they should see the King affected, pleased or displeased with the Popes of those days, would reject, or admit their Bulls at their discretion. And then do you see, upon what goodly ground, M. Attorney inferreth his conclusion; that if the Pope's Bulls of excommunication were not respected in those days, it consequently followeth, that by the ancient common laws of England, no suit for any cause, though it be spiritual, rising within this Realm, might be determined in the Court of Rome. And why so? For that the Pope's excommunication was not obeyed in England.  
28. But I would ask him whether no sentence could be given, without excommunication? Or whether to such as believed the Pope's authority in those days, it were sufficient in conscience, that the said excommunications were not admitted by some judges in their tribunals? Or at leastwise no judicial notice taken of them, except they came notified also from some Bishop, as the second Case here set down doth touch, & thereby insinuateth the solution of the whole riddle, to wit, that judges were not bound under this K. Edward, to take public and judicial notice of any Bull of excommunication come from abroad, 
Bulls from Rome not admitted except they come certified from some Prelate at home.  and presented by any private person, except the same came notified from some Bishop in authority within the Realm. Which caution is used also at this day, in divers other Catholic Countries round about us, for avoiding trouble, deceit, and confusion, to wit that Bulls and other authentical writings from Rome, must be seen, and certified by some persons of authority within the Realm, before they can be pleaded in Court, or admitted generally.  
29. To the last instance, that Kings anointed with sacred oil, are capable of spiritual jurisdiction, 
S●● Sup. cap. 7.  we deny it not, but grant with the great Civill-lawyer Baldus before mentioned, and all Canonists, that divers cases of spiritual jurisdiction, may be granted by the Sea Apostolic unto anointed Kings, and so often it hath been done; especially to Kings of England, as former examples, have declared, namely of K. Edward the Confessor. 
King's are capable of ecclesiastical jurisdiction by commission.  But this assertion of capacity, & ability, to receive some sort of spiritual jurisdiction, if it be committed unto them; doth not prove that they had the said jurisdiction in themselves, or of themselves, by virtue of their Crowns, or anointing, as M. Attorney would have men believe. But let us hear further.   

The Attorney.  
Where a Prior is the King's debtor, and aught to have tithes of another spiritual person; 
The ●. Instance. 38. ass. pl. 30.  he may choose either to sue for subtraction of his tithes in the Ecclesiastical Court, or in the Exchequer, and yet the persons, and matter also was Ecclesiastical. For seeing the matter, by a mean, concerneth the King, he may sue for them in the Exchequer, as well, as in the Ecclesiastical Court, and there shall the right of tithes be determined. And Fitzh. in his Nat. Br. fol. 30. holdeth, that before the Statute of the 18. of E. 3. cap. 7. that right of tithes were determinable in the temporal Courts, 
See the stat. of 15. E. t. c. 4. 31. E. ●. c. 11.  at the election of the party. And by that Statute assigned to be determined in the Ecclesiastical Court, and the temporal Court excluded thereof. And the Courts of divers manners of the Kings, and of other Lords in ancient times, had the probates of last wills and testaments; and it appeareth by the 11. Hen. 7. fol. 12. that the probate of testaments did not appertain to the Ecclesiastical Court, but that of late time they were determinable there: so as, of such causes, and in such manner, as the Kings of the Realm, by general consent and allowance have assigned to their Ecclesiastical Courts, they have jurisdiction by force of such allowance.  
The King did by his Charter translate Canons secular into regular, 
38. Ass. pl. 22.  and religious persons, which he did by his Ecclesiastical jurisdiction, and could not do it, unless he had jurisdiction Ecclesiastical.  
The Abbot of Waltham died in the 45. year E. 3. and one Nicholas merit was elected Abbot, 
46. E. ●. tit. pramunure. 6.  who, for that the Abbey was exempt from ordinary jurisdiction, was sent to Rome to be confirmed by the Pope. And because the Pope by his constitutions had reserved all such collations to himself, he did recite by his Bull, that he having no regard to the election of the said Nicolas, gave to him the said Abbey, and the spiritualties and temporalties belonging to the same, of his spiritual grace, and at the request (as he feigned) of the King of England This Bull was read, and considered of in Council, that is, before all the judges of England; and it was resolved by them all that this Bull was against the laws of England, and that the Abbot for obtaining the same, was fallen into the King's mercy, whereupon all his possessions were seized into the King's hands, as more at large by the said Case appeareth.  
Where the Abbot of Westminster had a Prior & Covent, who were regular, 
49. E. 3. l. Ass. pl. 8.  and mort in law; yet the King by his Charter did divide that corporation, and made the Prior and Covent a distinct and capable body, to sue, and be sued by themselves.   

The Catholic Divine.  
30. The first case of this instance about tithes and probates of testaments, 
The Answer.  is a very trifling thing to prove M. Attorneys great conclusion, of supreme authority Ecclesiastical to be in the temporal Prince & his Courts. For as these things, and like other, are in part belonging to spiritual jurisdiction, in that they concern benefices; the wills and ordinations of dead men for the benefit of their souls, & the like, partly also belonging to temporal, 
Some things may belong to different courts in different respects.  in that they include temporalities & worldly substance, they may in different respects appertain also to different Courts, and so they do in other Catholic Countries at this day: and namely for probates of testaments, in no other Country (perhaps) besides England, are they limited only to the Bishop's spiritual Courts. About which we have the foresaid Statutes of Circumspectè agatis under K. Edward the first, and of Articuli Cleri under K. Edward the 2. and divers other Ordinations under this King Edward the 3. But how proveth all this M. Attorneys principal conclusion? And how far of is this from inferring supreme Ecclesiastical jurisdiction to be in the temporal Prince? Is it not strange, that such a man as M. Attorney, would allege such toys? But let us go forward.  
31. If K. Edward did translate by his Charter, the Canons secular into regular, as here is said, we must presume he did it (as before you have heard K. Henry the 2. to have done it at Waltham) by authority of the Pope's Brave, confirmed by his Charter, 
Supra in 〈◊〉. ●.  and not otherwise. For as well could K. Henry the 2. have do●e it of his own authority, if it had been annexed to his Crown, at this K. Edward the 3. And therefore seeing the other observed the Canons of the Church, and presumed not to do it of himself, but by the Pope's licence and Charter, and ratified by his own, it may be presumed that this King did the same, for so much as the same Canon-law stood still in force. And so it may be suspected, that this case hath somewhat omitted covertly that should appertain to the full declaration thereof.  
32. The other case also of Nicolas Morris chosen Abbot of Waltham, that went to Rome and got his investiture there, by reservation of the Pope, and not by his election in England, 
Why the Abbot of Waltam was severely punished.  fell out at that very time, as here is noted, when the contention was most in heat between the King and French Popes, about reservation of benefices, to wit, upon the 4. of the King's reign, the said Popes agreeing soon after to use no more the said reservations. So as no great marvel of the judges of those days, did move the King to make some demonstration of special offence against this man, the controversy being then in handling: but this is an instance de facto and not de iure.  
33. lastly the case of the Abbot of Westminster made, by the King's Charter, a distinct body, capable to sue, and to be sued, was a temporal privilege, which any Prince might give to a Covent, if it were commodious for them, and they willing to accept thereof: and if not, they would have reclaimed in those days, and have appealed to the Sea Apostolic for remedy, as the use and right was at that time, and as by divers examples appeareth of Appellations made against the King himself, during his reign; as namely that of the Bishop of Ely, recounted at large by Walsingham in the year 1348. and others.  
34. The six instance consisteth of certain Statutes, 
The ●. Instance.  made in the 25. 27. 28. and 38. years in the reign of K. Edward the 3. against provisious and provisers from Rome, reservations of Bishoprics and benefices by the said Sea, undue appellations, unjust citations, infamations or molestations of men by Censures from thence. All which I think not good to set down at large as they lie in the Statute book, for that they are overlong, but breiflie rather to allege the sum thereof, which is sufficient for the point itself of our controversy. First than it is said: That in consideration of the many inconveniences and hurts, that seemed to ensue to the Commonwealth, as well Clergymen, as secular, by such as went to Rome, and there by false suggestions, and other such procurements, unworthily got unto themselves benefices, they being either strangers, not able to preach, and teach, or else, if Englishmen, yet unfit for their learning, or manners, and that thereby particular patrons were deprived of their right of presenting, & c? 
The sum of the first restraint about provisions.  It was ordained upon the 25. year of this King's reign, to punish the persons, that being subject to the King, should attempt, or do this without the King's licence, or knowledge of the Realm. And so the decree of Parliament was, that whosoever hereafter should attempt, or procure any such provisions, 
Stat. 25. E. 3. de provisoribus.  he should be out of the King's protection, whereby every man might lawfully kill him, etc.  
35. And in the same Parliament, the like, and many other inconveniences are represented against reservations of benefices, by the said Sea Apostolic, and Bishops thereof, whereupon it is decreed, by the King, and his great men, and Commons, that the said reservations shall not be suffered, or admitted for the time to come, as a thing not due to the Sea Apostolic; But that all Archbishops, Bishops, and other dignities, and benefices Electorie in England, shall be permitted to free election, as they were granted by the King's progenitors, founders thereof, and the ancestors of other Lords, that had founded any such benefices, and might have reserved to themselves, as Patrons, and founders, the presentations there unto.  
36. Moreover Complaint being made by divers of the King's people, that many were greatly troubled, and drawn out oftentimes of the Realm, by unquiet and litigious people, that made appeals to Rome, to answer to things, whereof the conusance pertained to the King's Court, etc. It was assented, and accorded by the King, and by the great men, and Commons, that whosoever should draw any man out of the Realm, in plea, whereof the conusance pertained to the King's Courts, should incur the danger of Praemunire. And finally: that no man presume to cite, sue, vex, molest any by Censures procured from the Pope's Court, against any, for observing these laws, and like other ordinances, upon pain of severe punishment, etc.  
37. To all which we answer, 
The Answer.  that divers circumstances may be considered about these Statutes, Ordinances, and Decrees, as well of the times, and persons, as of the occasions, causes, and manner of doing. And to begin first with the last; it may be, that either all, or some part of these restrictions might be made by some kind of consent or toleration of the Pope's themselves, upon the often representing of the inconveniences, which we have seen before made by divers Princes, from K. Henry the 3. downward, and the answers as well of Innocentius the 4. as other Popes, that the said inconveniences should be remedied. And to the same effect putteth down Walsingham this K. Edward's letters, 
Agreement between the King and Pope about provisions.  at several times, to sundry Popes for that end. And upon the year 1373. ●hich was the 47. of his reign (long after the making of these Statutes) he sent again to Gregory the 11. to entreat his consent, and good will to the same. Rex Edwardus (saith Walsingham) eodem anno misit Ambassiatores ad Dominum Papam, rogaus c●m, etc. The same year K. Edward sent Ambassadors to the Pope, praying him, that he would be content to surcease from providing benefices in England, & that Clerks might enjoy their rights to Ecclesiastical dignities by elections, as in old time they were accustomed. So as here we see, 
Walsing. in vita 〈◊〉. an. 1371.  that the King pretended right by ancient custom, in these affairs: Neither did this Pope altogether deny it. For Walsingham addeth: super quibus articulis nuncij à Papa certa recepêre responsa, etc. upon which articles the King's messengers received from the Pope certain answers, of which they should inform him at their return, & that nothing should be determined, until the King had written again his mind more fully unto the said Pope. And then in the next year after he saith, as before you have heard, that the Pope, and the King were agreed upon these, and like points.  
38. And if this were so at this time, then may it be presumed also, that before upon the 25. year of his reign, when he first made those Statutes of restraint, he had also some secret consent, or connivency of Pope Clement the 6. or Innocentius the 6. that immediately ensued him, to the same effect: at least wise, for the ceasing of provisions and reservations, except only upon great and weighty causes, (for in such cases we find, that they were used also afterward) and that ambitious, busy, and troublesome people, that should deceitfully procure such provisions, or rashly and unjustly appeal, or molest men with Citations, Censures, and the like, should be punished. 
See S. Bernard a● 〈◊〉, ●l. 2. de Consideracione ad Eugeni●●.  And this was a thing so needful oftentimes, as S. Bernard himself, that lived under King Henry the first, and writing to Pope Eugenius, that had been his scholar, of the great abuses of troublesome appellations in his days, wisheth him, as on the one side to admit all due appellations, which of right were made unto him, and to his tribunal, from all parts of the world; so on the other side, to punish them that made them unjustly.  
39 All which being considered, together with the time before noted, wherein K. Edward made these restraints, to wit, when he had great wars in France for challenge of the Crown, and no small jealousy with the Popes, Cardinals, and Roman Court, as being all, or the most part French at that day, and residing in Avignon in France; the continual clamours also of his people, much exaspered by certain particular abuses, and excesses of some Ecclesiastical officers: 
Of the reasons & manner of concluding these restraints by K. E. the 3.  the marvel is not so great, if he took some such resolution, as this de facto, at least for satisfying especially of the laity, who were most instant in the matter; Yea & by whom only, it seemeth to have been done. For that in none of these Statutes is mentioned expressly the consent of the Lords spiritual; but of the King, and Great men (Magnatum in Latin) and of the Communality, which is repeated in every of the foresaid Statutes, except one, where is said. The King by the assent, and express will, and concord of the Dukes, Earls, Barons, and the Commons of this Realm did determine, etc. not mentioning at all the Bishops, Archbishops, Abbots, and other Ecclesiastical Prelates, that had right of suffrage in those Parliaments; and consequently, how far this probation de facto doth prove also the jure, I leave to the Reader to consider.  
40. Only we conclude, that howsoever this was, either by right or wrong, for the manner of determining; certain it is, that King Edward did not thereby diminish any way his opinion, or judgement of the Pope's spiritual authority: 
King Edward's restraints diminished not his due respect to the church  as may appear by all his other actions writings to the same Sea afterwards, and of his respective carriage and behaviour, not only towards the Popes, but to his own Clergy also in England, in all matters belonging to their superiority Ecclesiastical. In proof whereof, upon the very self-same 25. year of his reign, wherein the former Statutes of restraint were decreed against such of his subjects as should offend therein; he made another Statute entitled. A confirmation of all liberties, granted the Clergy. 
An. 2●. E. 3. ●tat. 3. Stat. ●. cap. 1.  And after ward upon the 31. year, another Statute entitled. A confirmation of the great Charter, and of the Charter of the Forest. Which great Charter containing the privileges, 
42. E. 3. ●. 1.  liberties, and superiority of the Church, is confirmed by him again in the 42. year of his reign, by a particular Statute. And finally upon the 50. year, which was the last before he died, he made another Statute entitled thus. ●he liberties of the Church confirmed. So as all the former restraints, were pretended for particular cases only, mixed with temporaltyes, and for remedy of some excesses and inconveniences, without detraction of any thing from the acknowledged supreme power of the Pope and Sea Apostolic, in mere spiritual matters.  
41. And how far then, is all this that is alleged here by M. Attorney, from proving that K. Edward the 3. did hold himself for supreme head of the Church, even in spiritual and Ecclesiastical matters? Or that his restraints before made in the cases set down, might be a precedent, or warrant, either de facto, or de iure to Q. Elizabeth, to K. Henry the 8. or K. Edward that followed him, to deny wholly the Pope's authority, and take it to themselves? And so much of this K. Edward the 3. whose religion & judgement, though it were ever Catholic, as hath been said; yet was his life and actions many times disordinate and violent, 
The disordinate life of K. Edward the third.  as of a soldier & warrior; and this not only against the liberties of the Church, but against the precepts of good life and government also. The first appeareth by a long reprehension written unto him, with threatening likewise of excommunication from john Stratford Archbishop of Canterbury, upon the year 1340. wherein he doth set down the many greivances, 
Walsing. in vita Edovardi 3. an. 1340.  which he did lay upon the Church unjustly. And for the second, it may be understood, as well by the same narration of the foresaid Archbishop, wherein he said to the king, admonishing him of his father's miserable end: Ferè corda populo terra amisistis. You have almost lost the hearts of all the people of the land. As also the same is evident by the general testimony of our historiographers, who make the later part of his reign to have been very much disordered, & thereby also unfortunate & miserable, as may appear by these words of Walsingham, who having much commended other graces in him, saith: Luxus tamen & motus suae carnis lubricos, etiam in aetate senili non cohibuit, etc. he did not even in his old age, restrain the luxurious and frail motions of his own flesh; being much alured hereunto, as is said; by the incitation of a certain dishonest woman, named Alice Pierce, that was with him unto the end of his life, and was cause of hastening the same. And it is greatly to be noted, as in the former part of his reign, all things went prosperously with him; so towards the later end in his old age, through the demerit of his sins, all fell out contrary, etc.    

OF KING RICHARD THE SECOND, The tweluth King after the Conquest. § I.  

This King reigned 12 years from 1377. to 1399.  42. Next after the death of K. Edward succeeded his Nephew K. Richard the 2. for 22. years, son of Prince Edward surnamed the Black Prince, who died not long before his father. The child was but an eleven years old when he took the Crown, and of very great expectation, but that youth wealth, and commaundrie in that age, with adulation, and perverse counsel of licentious people, 
The causes of K. Richard's disorders.  that are wont to accompany that state and condition of Princes, drew him aside to his own pitiful ruin in the end; and would God, in his life, conversation, & government, he had as well held the steps and wisdom of his ancestors, as he did in the outward maintenance of their religion, and obedience towards the Sea Apostolic: for that (probably) it would have preserved him from the miseries whereunto he fell; though it be true also, that dissolution of life, doth commonly bring with it contempt or neglect, or less estimation of religion: whereunto this man, and some that were about him, had the more occasion given them, by the profane, and wicked doctrine of Wi●k●liffe & his fellows, that prevailed much in these days, and brought many of the Common people to such fury & contempt of all religion, as their strange tumults, and raging rebellions, under their Captains, what Tyler, jack Straw, and other like unruly rulers, do well declare.  
43. But yet the external face of religion, and practice thereof, received and established from the times of all former Kings, was continued also by him; & in particular, it is to be noted, that no one King, did ever more often confirm and ratify the liberties of the Church, than he, which is as much to say, as to establish the opposite negative proposition against M. Attorney, professing hereby, that he had not supreme authority in causes Ecclesiastical, 
King Richard often confirmed the liberties of the church.  for so much as the liberties of the English Church did expressly consist in this, that Churchmen, and Church-matters, and all spiritual and ecclesiastical affairs, were a distinct government from the temporal, and subordinate only among themselves, the one degree to the other, and all mediately to the Sea Apostolic, and Bishops thereof.  
44. For proof then of this, that King Richard did confirm and maintain, all the days of his reign, these liberties, franquises, and privileges of the Church, and of Clergymen, appeareth by his own Statutes: As for example, by the first Statute made in his first year, with this title. A confirmation of the liberties of the Church: and the second Statute made in his second year hath the same title, and subject; as also hath the first Statute of his third year, and first of his 5. and first of his 6. and first of his seventh year. And so in like manner shall we find the very first Statutes of his 12. and 21. years, to contain the same confirmation.  
45. And if I should stand upon the enumeration of particular examples, 
The practice of Church-libertyes by Clergymen under K. Richard the second.  of the practice of these liberties in Clergymen of those days, it would be overlong, as namely, how all Bishops, Archbishops, Abbots, and other Prelates, elected according to the agreement before taken, repaired to the Bishop of Rome for their confirmations, and could not exercise any part of their offices, until they had the same. And albeit according to the former decrees of the 25. and 27. years of K. Edward the 3. confirmed also in the 13. and 16. years of the reign of this King, reservations of benefices, or provisions immediately from the Court of Rome were not admitted (which little importeth our controversy with M. Attorney) yet this, which includeth the main ground & substantial foundation of all acknowledgement of supreme spiritual power, remained still untouched, to wit, that no Bishop, Archbishop, or other Prelate, by whomsoever he was presented, chosen, or nominated, could, or can at this day, have spiritual jurisdiction, but either mediaté or immediatè from the Pastor of the Sea Apostolic. And this point did K. Richard maintain and defend all days of his life, which is the principal point, as hath been said, of acknowledging the sovereign authority of the Sea Apostolic in spiritual affairs, for that other things are but dependence of this, as annexed sequels.  
46. And I might allege here divers particular examples of King Kichards' respective proceedings towards both the Sea of Rome and Clergy of his Country: as namely in the first, whereas Pope Vrban the 6. being truly, 
Respect borne by King Richard to the true Pope.  and Canonically elected Pope in Rome, & afterward against him, the Archbishop of Arles in France being chosen for Antipope by a faction of French-Cardinals, that named him Clement the 7. King Richard stood zealously with the said true Pope, and not only made a Statute in Parliament, that whosoever should be obedient to any other person, as Pope, but only to Pope Vrban, 
2. Rich. 2. cap. 7.  should be out of the King's protection, and his goods seized, as the words of the Statute are; but also some years after that again when the said Pope Vrban had appointed Henry Bishop of Norwich, to be his Captain general, to pass over into Flanders, and by force, to constrain the said schismatical Pope to surcease that division; the said King not only allowed, but assisted also that enterprise.  
47. And as for the Clergy of his Realm, and their spiritual jurisdiction, how much he respected it, appeareth by that the Archbishop of Canterbury, 
King Richard obeyed the Censures of the Church.  and some other Bishops, that assisted him; having publicly pronounced the sentence of excommunication, upon the year 1379. against certain persons, that had broken the privileges of Sanctuary in the Church and Monastery of Westminster, and shed blood therein, for taking out a certain person in the King's name; the said King albeit, he was thought to have been the abetter ●hereof, yet did he finally obey the said Censures, and soon after in the same year at his Parliament of London, it was ordained (saith Walsingham). Quod immunitates, & privilegia Ecclesia Westmonasteriensis illibata manerent: that the liberties, 
Walsing. an. 1379.  & privileges of the Church of Westminster should remain whole and inviolate.  
48. Wherefore now to answer the instance or objection which M. Attorney allegeth out of the foresaid Statute of the 16. year of this King, 
M. Attorneys Instance out of this K. Reign.  where the law of Praemunire, the loss of goods, and lands, & other punishments are appointed for such, as do procure process, and sentences of excommunication, which touched the king their Lord, against him, his crown, and his regality, etc. as largely you may see it set down in the whole Statute out of M. Attorneys book. 
The crown of England not subject to any in temporalityes.  I answer that whosoever shall attentively read the whole contexture of this Statute, with that which before we have set down, both in this, & in the precedent king's life, he shall see that this Statute doth rather make against M. Attorneys purpose of supreme spiritual jurisdiction, than any way for him. For that first of all, the very proposition to the Parliament doth concern temporal power, and not spiritual, saying: that the Crown of England hath been at all times free, and only subject to God immediately, and to none other, and that the same ought not in any thing, touching the majesty or regality of the same Crown, be submitted to the Bishop of Rome, nor the laws and Statutes thereof to be taken away or mablect by him, etc.  
49. This then being the proposition of the Commons, which is evidently to be understood of temporal regality, and things thereunto belonging, the temporal Lords assented absolutely unto it. But the Archbishop, Bishops, Abbots, and other Ecclesiastical Prelates, that made the chief, and highest part of the Parliament, distinguished; yea made protestations (as the Statute saith) that it was never their meaning (to wit either in K. Edward's days or now) to say that the Bishop of Rome might not excommunicate Bishops, or make translation of Prelates from one Sea to another, after the law of holy Church: yet if this should be done at any time, in great prejudice of the King or his realm, as that sage men, or counsellors should thereby be drawn from him, without his knowledge, or against his will; or that the substance, and treasury of his Realm, should be in danger to be destroyed, by sending out money or giving it to his adversaries, or other like inconveniences ensue against the King's state and realm indeed; then they did grant, that this might be esteemed against the King's regality, etc. whereby we see in what sense, and with what limitation, they did yield to such like Statutes in those days, 
In what sense the Bishop yielded to the statute of Praemunire.  pressed by the importunity of the lay party, but yet far from the meaning of M. Attorney, who would have men think, that hereby they confessed K. Richard to be Head of the Church, which himself expressly denieth in his forenamed Statute in favour of Pope Vrban, whom he calleth the only true head of the Church, and for such commandeth him to be obeyed and respected, under the pains before mentioned. And so much of K. Richard, who not long after fell into great misery, & lost both his commaundry and life, and came to a pitiful end, full of affliction and desolation, as our histories do testify and set forth at large.    

OF THE THREE KING HENRY'S OF THE HOUSE OF LANCASTER, The fourth, fifth and sixth, who reigned for the space of threescore years: And what is observed out of their reigns, concerning our Controversy with M. Attorney. CHAP. XIII.  
AFter the three Edwards before mentioned, under whom the first restraints were made for the exercise of certain external points of Ecclesiastical jurisdiction, as you have heard; and after the pitiful end of their successor, & inheritor K. Richard the 2. entered and ensued in the Crown three Henries of the line of Lancaster, who had variable success in their lives and temporal affairs, though in religion, and particularly in this point of our controversy, about spiritual power and jurisdiction, they were all one.  

K. Henr. 4. reigned 13. years, from 1399. to 1412.  2. King Henry the 4. being Duke of Lancaster, and son of the often forenamed john of Gaunt, that was the fourth son of K. Edward the 3. seeing the disorderly government of K. Richard the 2. his cozen germane, & the aversion of his people's affection, from him for the same cause, came out of France, where he lived in banishment, raised powers against him, pursued and took his person, caused him to be deposed by Parliament, and himself chosen in his place with great applause of the people, which yet turning away from him soon after again, he was forced for his safety & defence not only to make away the same K. Richard in Pomfret Castle, but also to take arms, suppress, and cut of the greatest and chiefest men, that had aided and assisted him to gain the said Kingdom. 
Stow in Kent. 4.  And finally after a troublesome reign of 13. years, he died, using these words before his death, as they are registered by Stow, and others: I sore repent me, that ever I charged myself with the Crown of this Realm, etc.  
3. King Henry the 5. his eldest son succeeded him, for the space of ten years; 
H. ●. reigned ten years from 1412. to 1422.  and though he were a most excellent Prince, warlike, and fortunate, & gained the possession of almost the whole Kingdom of France: yet had he great difficulties notwithstanding, both therein, and by domestical conspiracies, not only the Lollards, and Wickliffians, 
Richard Earl of Cambridg Henry lord Scroop treasurer. Edmond Earl of March etc.  but his own nobility also, kindred, and chief officers, conspiring against him, and seeking his overthrow. And finally, when he was in the very midst, and heat of his wars and Conquest, and his life and health most desired, both by himself & others, he died with much affliction of mind in France, leaving a little child of his own name, that was but eight months old, to preserve, and defend that which he had gotten, but could not, as the event proved.  
4. This young infant then, borne as it were a King, 
H. 6. reigned 18 years from 1422. to 146●.  of two so great Realms, and crowned in Paris itself, which no other King of England ever was before or since, drew out a long reign, for almost forty years, but entangled with many adversities, and varieties of fortune, in which he lost first all his States of France, not only such as his Father had gotten by dint of sword, but other likewise which his progenitors had inherited by lawful succession of blood, and then by little and little, losing also at home his kindred, & trusty friends, that by Civil wars were cut of, he lost at length his Kingdom, being twice deprived thereof, and finally his life and progeny, & became a pitiful example of Princely misery: and so this line of Lancaster, entering by God's designment, as it seemeth, to punish the sins of the former line of Edward's, and Richard before mentioned, and especially that (as many think) of their rough proceeding with the Church, now were punished also themselves, by another line of York, for continuing the said rigorous, and prejudicial laws against the privileges, and franquises thereof, 
Polidor. lib. 12. Hist. Aug●. in Hen. 6.  which was written to K. Henry the 6. by Pope Martin the 5. as Polidor noteth, and he promised reformation therein; but the thing depending of consent of Parliament, was never effected, nor that good motion put in execution.  
5. But yet that all these three Kings of the house of Lancaster were perfectly, and zealously Catholic, no man can deny; and infinite arguments are extant thereof, yea and of this point also in particular, of their acknowledgement and reverence of the sovereign spiritual authority of the Bishop of Rome in the Church of Christ. And therefore King Henry the fourth, considering the great hurts and scandals, that had ensued for many years together by schism of antipopes in the Sea Apostolic, was so careful, and diligent, to procure and assist the General Council indicted at Pisa in Italy, for the extinguishing thereof; as not only he sent learned Prelates upon his charges thither, to help & assist the said Council, as namely Robert Bishop of Salisbury, and other learned men, but wrote very pious letters also both to Gregory the 12. that was the true Pope, and to all his Cardinals, by a special Embassadge of his own, persuading the said Pope by divers godly and prudent reasons, to persist in his mind and promise of giving over the Popedom, as the other Antipope called Benedictus the 13. had in like manner promised. Of which his letter to the said Pope he making mention in another to the foresaid Cardinals saith: 
Walsing. in vita Henriei 4. an. 1490.  Cupientes ostendere quem zelum habuimus, & habemus, ut pax detur Ecclesiae, etc. we desiring to show what zeal we have had, and have, that peace be given to the Church, we have by consent of the States of our Kingdom sent our letters unto his Holiness, etc.  
6. And when this Council of Pisa took no great effect until five years after, when in the time of his son K. Henry the 5. the general Council of Constance in Germany was appointed for the same effect, the said son K. Henry the 5. following his Father's piety herein, caused the Archbishop of Canterbury, Henry Chychley, to call ●●●●t a Council in England, to choose fit English Prelates to be sent to that Council; and so were chosen, not only the foresaid Bishop of Salysburie sent before to Pisa, 
English Prelates sent to the Council of Constance.  but Bath and Hereford also, together with the Abbot of Westminster, Prior of Worcester, and other famous learned men, to whom the King added for his Ambassador, the Earl of Warwycke to accompany them thither, where the said schism being extinguished, by the deposition of three that pretended to be Popes, and Martin the 5. being established in that seat, the whole Christian world was put in peace thereby.  
7. And for that in the same Council, the heresies of Wickcliffians and Lollards were especially condemned and anathematized, the same decrees were presently admitted, and put in execution in England, by the zealous commandment of the said K Henry the 5. though his father K. Henry the 4. and the whole State had prevented that decree, by making temporal laws, in confirmation of the Canonical and Churches laws, for the punishment of the said Lollards and Wickcliffians that denied the Pope's Supremacy, 
Laws for executing of Lollard and wicklifists.  and caused many of them to be burneed; and so did K. Henry the 6. also, during all the time of his reign: whereby as by infinite other things that might be alleged, their belief and judgement in that behalf is sufficiently declared; though in respect of some temporal inconveniences, and the inclination of their people, upon former complaints, they recalled not the said restraints, laws, or ordinances made by their progenitors, whereof now we shall speak more particularly, in answering the instances alleged by M. Attorney our of their reigns.  

Instances alleged out of the Reign of King Henry the fourth, the thirteenth King after the Conquest. §. I.  

The Attorney.  
8. It is resolved that the Pope's Collectors, 
First Instance.  though they have the Pope's Bulls for that purpose, have no jurisdiction within this Realm: and there the Archbishops, and Bishops, etc. of this" Realm, are called the King's spiritual judges. 
2. H. 4. fol. 9    

The Catholic Divine.  
It is to be considered who resolved this, and upon what ground, 
The Answer.  for it may be there was some agreement taken between the Pope and the Realm in that behalf, concerning the Collectors authority, as in other Catholic Countries also at this day, we see there is: Neither had the said Collector by his office, any ordinary jurisdiction, but extraordinary only by particular commission. 
How Bishops may be called the King's spiritual judges.  And commonly those collections were made cum beneplacito Principis, with the good liking of the Prince, where they are made. Archbishops & Bishops may be called the King's spiritual judges, for that they are his subjects, as Peers and principal members of the Realm (as before hath been declared) and do live under his protection, 
Supra cap. ●.  but not as though they received their spiritual authority or jurisdiction from him; for than might he execute the same authority and jurisdiction by others also which are no Bishops, as by his Chancellor and temporal judges, giving them the same jurisdiction, which no man would affirm in that time, as lawful. But let us see his second Instance.   

The Attorney.  

2 Instance Fitz. Nat. 〈◊〉. 269.  9 By the ancient laws Ecclesiastical of this Realm, no man could be convicted of heresy, being high treason against the almighty, but by the Archbishop and all the Clergy of that province, and after abjured thereupon, and after that newly convicted, and condemned by the Clergy of that province in their general Council of Convocation. But the Statute of 2. H. 4. cap. 15. doth give the Bishop in his Diocese, 
This had a resemblance to an. Attainder of treason, therein there must be first an ind4ctment by one jury and a conviction ●y an●ther. 11. H. 4. 37.  power to condemn an heretic, and that before that Statute he could not be committed to the secular power to be burnt, until he had once abjured, and was again relapsed to that, or some other heresy. Whereby it appeareth that the King by consent of Parliament, directed the proceedings in the Ecclesiastical Court, in case of heresy, and other matters more spiritual.  
The Pope cannot alter the laws of England.   

The Catholic Divine.  

The Answer.  Why doth not M. Attorney set douane those ancient laws Ecclesiastical of this Realm. Will he say that they were any other, than the Common & Canon laws of the Roman Church in those days? He cannot with any probability. And as for the matter here touched, that no man could be convicted of heresy, but by the Archbishop, 
Two condemnation not ever necessary in case of heresy.  and all the Clergy of that Province, and after abjured, and then newly convicted, and condemned again by a general Council of Convocation, etc. In some points he hitteth right, but in other not. For when any new heresy is discovered, it must be judged and condemned by some such Synod or Council, as here is mentioned, if the head of the Church have not condemned it before. But when the heresy is condemned, it was never necessary to call such Synods or Council, for convicting of every particular man, that shall be accused of that heresy: and much less was it needful, that there should be two several convictions, the one before abjuration, the other after: (except in such as were relapsed) for what if the heretic should stand stiffly to it, upon his first conviction, and would not abjure, but defend his heresy? did the ancient laws Ecclesiastical of England (think you) forbid him in this case to be punished? I think not.  
10. But M. Attorney hath a note in the margin, whereat I cannot but marvel, for that he hearing in this place, out of the old sense of our ancient laws, heresy to be held for high treason against God, and that (as he supposeth) it must be twice convicted, which is only true in relapse, saith in the margin. This had a resemblance to an Attainder of treason, wherein there must be first an indictment by one jury, and a conviction by another. But I deny this resemblance to be of any moment for the form of proceeding, though for the thing, I grant, that heresy is truly treason against God; but this double conviction here mentioned by two juries, 
M. Attorneys marginal note reproved.  hath little or no similitude with the other of relapsed heresy, where the party is first permitted to abjure his first fault and not punished, except he offend the second time in the same: Which yet I persuade myself M. Attorney will not allow in human treasons against the Prince, that he must twice iterate his fault, before he can be punished, and so the parity or similitude holdeth not.  
11. But now to the principal point; where the Attorney saith that the Statute of K. Henry the 4. doth give the Bishop in his Diocese, power to condemn an heretic, and that before that Statute, he could not be committed to the secular power to be punished, until he had once abjured, and was again relapsed, etc. and that hereby it appeareth, that the King directed Ecclesiastical proceedings &c. diverse errors are here couched together, and then if ignorance be the inseparable twin of every error (as M. Attorney in his Preface holdeth) you know what will ensue.  
12. First than it is presumed in this assertion, that no heretic could be put to death in old time, except he were relapsed, that is to say, had once (at least) abjured his heresy, and fallen unto it again: 
In Cod. l. Manicheos l. Arriani l. Quicunque & apud Paul. Diacon. l. 14. & 16.  which is false. For that albeit such people were most of all to be punished, for their perjury, and inconstancy; yet other also that never abjured, if they stood obstinate, might by ancient laws, as well Civil, as Canonical be punished by death; as in the Civil is averred by the particular laws, and ordinations of Theodosius, Valentinian, Martian, justinian, and other Christian Emperors, extant in the Code. And in the 
* See cap. ad abolendum, & cap. excommunicamus extra. de haeret. & in 6. de heret. cap. Super co.  Canon law in like manner, is determined by divers definitions there to be seen, that incorrigible heretics are to be delivered over to the secular power, to be punished by them, whether they be relapsed or not relapsed, though more the relapsed. And all this was before the Statute of K. Henry the 4. which did nothing else, but allow, and confirm the use, and exercise of the said laws. For so it appertained unto him, as King of the Realm, to consider whether the exercise of these Ecclesiastical laws, have any inconvenience against the State, or no.  
13. And moreover, where it is here said, that the Statute of K. Henry giveth the Bishop, power in his Diocese to condemn an heretic, as though before he had it not by Canon-law, is another gross error. For that this fact of K. Henry was nothing else but an approbation of a more ancient decree made before, by Pope Gregory the 9 extant in the Decretals of the Canon-law in these words. 
6. Dec●et. l 5. 〈◊〉. 2. de liçreticis.  Quoniam Episcoporum numerus, etc. For that the number of Bishops appointed by ancient Canons, for the degradation of Clergymen, cannot always so easily come together, we grant unto you (Archbishop of Rheims) that when any Priest, or Clerk, being within holy Orders, is either to be given over to the secular Court, to be punished for heresy, or perpetually to be walled up, you calling together the Abbots, and other Prelates, and religious persons, and learned men of your Diocese, which you shall think good, may alone degrade him in their presence, you being his Bishop, etc.  

An. 1227.  14. This was the Decree of Pope Gregory, above two hundred years before King Henry's Statute, for giving licence to every Bishop within his Diocese alone, with the help of his learned counsel, and other assistance here mentioned, to condemn, degrade and deliver over to secular power any obstinate heretic relapsed, or not relapsed: 
Decree of Pope Gregory the ninth about proceeding against heretics.  (though such as were not relapsed, and acknowledged their faults, might be dealt withal more mildly, as by walling or shutting them up, as here is mentioned) And that this Decree of Pope Gregory was an exception, or privileged form of proceeding from the ancient Canons, that appointed a certain precise number of Bishops to be called together for the deposition of Deacons, Priests, and Bishops, appeareth by the words thereof, that do mention the said Canons, which you may see in the body of the Canon-law, cited out of the Council of Carthage, 
Causa. 15. q. 7. c. Si quia tumidus. ex con. 1. Carthag.  above twelve hundred years past. So as M. Attorneys inference, that hereby K. Henry took upon him to direct the proceedings of the Ecclesiastical Court in cases of heresy, 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 answer it is true, touching temporal laws, for they are to be made, or altered by the English Prince and Parliament: but Ecclesiastical laws of the Church, if they be positive, & not divine, he might in all those ancient times, upon just causes alter, as I think M. Attorney will not deny; and then by good consequence, if it be true, which every where he striveth to prove that Ecclesiastical laws, though made by the Pope, are laws also of England, and may be called English laws, when they are admitted in England; 
How the Pope in old time might alter English laws.  it followeth (I say) against himself in this assertion, that the Pope might alter the laws of England, in that he might alter those Canon-lawes, that were admitted in England, & thereby made English laws.   

The Attorney.  
1. The judges say, 
3 Instance 1. H. 4. fol. 69. 76.  that the Statutes which restrain the Pope's provisions to the benefices of the advowsons of spiritual men, were made, for that the spiritualty durst not in their just cause, say against the Pope's provisions; so as those Statutes were made, but in affirmance of the common laws.  
2. Excommunication made by the Pope, 
14. H. 4. f. 14. vide 20. E. 3. l. ass pl. 19 before vide 13. E. 3. Certificate. 6. vide 20. H. 6. 1. 35. H. 6. 42. 7. E. 14. Fitz. Na. Br. 46. ff. 14. H. 4. 14.  is of no force in England, and the same being certified by the Pope, into any Court in England, ought not to be allowed; neither is any certificate of any excommunication available in law, but that is made by some Bishop in England; for the Bishops are, by the common laws, the immediate officers & ministers of justice to the King's Courts in causes Ecclesiastical.  
3. If any Bishop do excommunicate any person for a cause, that belongeth not unto him, the King may write unto the Bishop, and command him to assoil, and absolve the party."  
4. If any person of religion obtain of the Bishop of Rome to be exempt from obedience regular, or ordinary, 
Statut. de 2. H. 4. cap. 3.  he is in case of Praemunire, which is an offence (as hath been said) contra Regem, Coronam, & Dignitatem suam.   

The Catholic Divine.  

Answer to the first.  16. I have conjoined three or four objections together, for that indeed all make not the due weight of one. Wherefore to the first I answer, that little it importeth to our controversy, what those judges said, why the Statutes were made against the Pope's provisions in affirmance of the Common-laws: for this may be said of every new Statute whatsoever, that it is made in affirmance of ancient Common-law; albeit the said law (supposed to be common) no where appear, nor any reason, proof, or probability be alleged 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 devised by any of his judges, or Reverend Sages, or rather he maketh it Ens rationis, or a mere chimera, that (as Logicians hold) hath no essence or being at all à part rei, but only in imagination. For seeing that the Pope's provisions had endured in England for so many ages before, as all do, and must grant: how may the common law be presumed all that while, to have been against the same, & yet no mention ever made thereof; These are moral impossibilityes, to say no more.  

To the second.  17. The second point doth answer itself, and we have touched the same before, that by agreement in England, the Pope's Bulls of Excommunication, when they were sent, should not be admitted ordinarily, but by the certificate of some Bishop of England, for preventing the frauds, or false suggestions, which particular men might use therein. 
Whence Bishops courts have their authority.  And whereas M. Attorney here again saith, that the Bishops are by the Common laws, the immediate officers and ministers to the King's Courts in causes Ecclesiastical, he runneth again to his old chimera of imaginary Common laws. For where is this Common-law, that maketh Bishops to be officers, and ministers to the King's Courts in causes Ecclesiastical? For if the Common-law or judges thereof cannot so much as hear, or take conusance of any spiritual causes belonging to Bishop's Courts, as 
* Reports fol. 8. & 9  often M. Attorney affirmeth in this his book; how much less can it, or they by virtue thereof, appoint judges, or make them officers in those spiritual Courts, which have their authority from the Canon and not Common laws?  

To the third.  18. To the third objection little answer is needful: For who seeth not but that every King in his Kingdom, may command all ●●●es of people to do their duty, & to surcease from wrong. And so, if a Bishop for a cause not belonging unto him, should excommunicate any, the Prince may command him to absolve 〈◊〉 party, whom unjustly he hath excommunicated, if the injustice be so apparent, as here is presumed. But M. Attorney should have proved, that the King himself might have absolved him, as in truth he might, if he had Superior authority to the Bishop in Ecclesiastical causes: 
The King may command the Bishop to do his duty.  as he may absolve immediately by himself, all that are censured, or sentenced, adjudged, or condemned by his Chancellor, lay judges, or temporal officers, and ministers: nor hath he need to send the party, to be assoiled by them, or to will them to do it, as here he doth the Bishop; but might do it himself, or by some other, giving him authority thereunto, which yet never King of England did attempt before King Henry the 8.  
19 To the 4. branch is answered, 
4 To the fourth.  that by good reason it was agreed, that no religious man, having made his vow of obedience in England, should seek to Rome for exemption thereof, without proposing his causes first in England itself; for that otherwise, upon false informations & suggestions of the party against his Superiors, many troubles and inconveniences might follow by such exemptions: and this is that which is touched in the Statute itself here alleged, affirming; that no man shall go to Rome for that which may be determined in England, etc. And now consider (I pray you) what all these four instances laid together, do weigh in poised of good reason. But let us see further.  
20. A fourth instance of M. Attorneys is taken out of a Statute of the 6. year of K. Henry the 4. 
4 Instance.  where the commons do again make complaint of other new aggreivances by the Court of Rome, to wit, that such as are to be preferred to Bishoprics, Archbishoprics and other Prelacyes, cannot be admitted, until they have compounded with the Pope's Chamber, 
Stat. 6. H. 4. 1.  for paying of the first fruits of the said benefices, and other duties required; whereupon the King (saith the Statute) by the advise, and assent of the Great men of his Realm in Parliament (and note that he nameth not here the spiritual Lords) did ordain, that whosoever should pay hereafter to the said Chamber, or otherwise for such fruits, and services, greater sums of money, than had been accustomed in time past, should incur the forfeiture of as much, as they may forfeit towards the King etc. So saith the Statute.  

The Answer.  21. And now here I would ask the discreet Reader, whether M. Attorney overthroweth not himself, by alleging such matters as these are? For here King Henry alloweth manifestly the repair to Rome of Bishops, Archbishops, Abbots, & other Prelates, for their induction & admittance to their dignities, which he would never do, if he had taken himself to have supreme authority Ecclesiastical in that behalf, of giving them spiritual jurisdiction immediately from himself. And albeit he do bind them to pay at Rome no more than the ordinary accustomed payments, for such their admittance: (thereby perhaps to induce the said Court of Rome, 
Against bribing in Rome and other like abuses.  to ask no more of them, when they should understand that it was forbidden unto them to pay it) yet doth he allow not only their recourse to Rome in such affairs, but to make likewise the ordinary payments, which were accustomed to be paid in old times passed, according to the words of the Statute; which is sufficient to prove our purpose, and overthrow M. Attorneys. And thus much for the time of K. Henry the 4. For as for an other instance alleged by M. Attorney containing a prohibition, that Bulls for exemption of tithes from Parish Churches, should not be put in execution, for that the effect thereof is repeated again in the next objection out of the reign of K. Henry the fifth, one answer shall serve for them both.    

Out of the reign of K. Henry the fifth, that was the fourteenth King after the Conquest. §. II.  

The Attorney.  

The first instance of the Attorney. Stat. the 3. H. 5 cap. 4.  In an act of Parliament, made in the third year of K. Henry the 5. it is declared, that whereas in the time of K. Henry the 4. Father to the said King, in the 7. year of his reign, to eschew many discords, & debates, and diverse other mischiefs, which were likely to arise and happen, by cause of many provisions then made, or to be made by the Pope, and also of licence thereupon granted by the said late King; amongst other things, it was ordained, and established, that no such licence, or pardon so granted, should be available to any benefice, full of any incumbent, at the day of the date of such licence or pardon granted: Nevertheless divers persons having provisions of the Pope, of divers ●●n●fices in England, and elsewhere, and licences royal, to execute the same provisions, have by colour of the same provisions, licences, and acceptations of the said benefices, subtilely excluded divers persons of their benefices, in which they had been incumbents by a long season, of the collation of the very patrons spiritual to them duly made to their intent, to the final destruction, and eneruation of the states of the same incumbents: The King willing to avoid such mischiefs, hath ordained, and established, that all the incumbents of every benefice of holy Church, of the patronage, collation, or presentation of spiritual patrons, might quietly, and peaceably enjoy their said benefices, without being inquieted, molested, or any ways grieved by any colour of such provisions, licences and acceptations. And that all the licences, and pardons, upon, and by such provisions, made in any manner, should be void, and of no valour. And if any feel himself grieved, molested, or inquieted in any wise, from thenceforth by any, by colour of such provisions, licences, pardons, or acceptations; that the same molestors, greivers, or inquieters, & every of them, have and incur the pains & punishments contained in the Statutes of Provisors before that time made, as by the said Act appeareth.   

The Catholic Divine.  
22. This Statute maketh as little for M. Attorneys purpose, of supreme authority spiritual, 
The Answer.  as any of the former: and I have set it down at large, to the end you may see, what small store of stuff he hath to furnish his book, when he filleth paper with such impertinencyes: for that the whole subject of this Statute tendeth only to the reform of certain abuses in some quarrelling and troublesome people, who meaning to molest others, that were in quiet possession of their benefices, went to Rome, and there framing many complaints, calumniations, and accusations against them, and against the lawfulness of their having those benefices, and pretending that the due collation thereof appertained to the Sea Apostolic for divers respects, 
This statute maketh nothing for M. Attorney.  demanded only that the same Sea would give her right unto them, and so got out provisions oftentimes to that effect: which provisions it seemeth by the words of this statute, that K. Henry the 4. was content they should run, and gave royal licences for the same, and that the title should be tried, not withstanding the prohibitions of such provisions made under K. Edward, and King Richard, as you have heard (and all this maketh against M. Attorney.) But now K. Henry the 5. being informed of the inconveniences, that ensued thereof, and that divers incumbents were thereby excluded of their benefices, and the patrons spiritual of their presentations; ordained, that for the time to come, no such incumbents, or patrons, should be disquieted, or molested, by colour of such provisions from the Pope of benefices, that are not actually void, or by virtue of licences from the King for prosecuting the same. This is the Statute, and you see how little help M. Attorney getteth by it. But let us see another instance out of this King's reign, as wisely alleged as the former.   

The Attorney.  

Statut. de 2. H. 5. ●. 7. L●llardy a ●olio. For as Cock●e is the 〈◊〉 of the Corn, so is heresy the destruction of true religion. " A Statute was made, for extirpation of heresy and Lollardy, whereby full power and authority was given to the justices of peace, and justices of assize to inquire of those that hold errors, heresies, or Lollardy, and of their maintainers, etc. And that the Sheriff, or other officer, etc. may arrest and apprehend them.  
Infoelix lolium, & steriles dominantur avena.  Virgil. 
Et careant lolijs, oculos vitiantibus, agri.  ovid. 

Statut. de 2. H. 5. c. 1.  The King by consent of Parliament, giveth power to Ordinaries to inquire of the foundation, erection, and governance of Hospitals, other than such as be of the King's foundation, and thereupon to make correction, and reformation, according to the Ecclesiastical law.   

The Catholic Divine.  
23. If M. Attorneys storehouse of arguments were not extreme poor & empty; he would never allege such matter as this is, for demonstrative proofs, 
The Answer.  which before he promised us in his Preface. For out of the later example, that Ordinaries are appointed to inquire of the foundation, execution, and government of Hospitals, what can be deduced for M. Attorneys purpose, or against us? For so much as the foundation, erection, and government of Hospitals were for the most part mere temporal things, except some privileges granted unto them by the Sea Apostolic.  
24. And that in the former example, justices of peace and assize were commanded by the King to inquire after Lollards, Wickcliffians, and such other heretics, it was to apprehend, and imprison their persons, and not to judge of their heresies, which belonged to their Bishops and Ordinaries, as you have heard. And some cause might be also of this special commission for judges, and justices to assist Bishops (and so no doubt it was) for that the said Lollards, 
Why temporal justices meddled with Lollards.  and Wickcliffians had not only been troublesome, and dangerous to the State, under the reigns of King Richard the second, and Henry the 4. but unto the person and life of this man also some months before this Statute, by conspiring his death, 
Walsing. in vita He●ri●s 5.  and raising a dangerous rebellion in S. Giles field by London as both Walsingham, and other author's do report: and therefore no marvel, though authority be given, as here is said, that the Sheriffs and other Officers may a●●est & apprehend them: and what maketh this for M. Attorneys purpose?  
25. But further, I cannot but marvel, at his note in the margin. Lollardy (saith he) is of lolio, which signifieth Cockle, for as Clockle is the destruction of the corn, so is heresy of true religion, and then doth he bring in two several verses, the one of Virgil, and the other of Ovid about lolium, 
Whence the name of Lollards was taken.  showing himself thereby a good grammarian, though yet in the thing itself he was much deceived. For that Lollards and Lollardy being a particular sect of heretics, are not derived from the latin word Lolium, signifying cockle or darnel, as the very derivation itself might easily show; but of the first author thereof named Gualther Lolhard a German, about the year of Christ 1315. as Tritemius in his Chronicle declareth: and is largely showed in a book some years passed set forth in our English tongue by a Catholic writer, 
The three conversions of England. part. 2. ●ap. 9 nu. 31. & cap. 19 num. 34. 35. etc. For in his book, of Acts and monuments pag. 419.  which if M. Attorney had read, he might easily have avoided this gross mistaking. From which also, I marvel, that his affection to the men, had not somewhat withheld him, for that they were of his religion, & not cockle, but good corn, if we believe his great historiographer, and divine, john Fox, who setteth them out not only for good Christians, but for Saints and martyrs in his books of martyrologue, Acts, and Monuments. But thus these men agree together.    

Out of the reign of King Henry the sixth, the fifteenth King after the Conquest. §. III.  
26. Out of this King's reign which endured most Catholiklie, for near 40. years, though unfortunately, through wars, sedition, and broils of the Realm, M. Attorney findeth only these three poor instances ensuing,  

The Attorney.  

●. H. 6 fol. ●.  Excommunication made and certified by the Pope, is of no force to disable any man within England, and this is by the ancient Common laws, before any Statute was made, concerning foreign jurisdiction.  

9 H. 6. fol. 16. " The King only may grant, or licence to found a spiritual incorporation.  

1 H. 6. 1●.  In the reign of K. Henry the 6. the Pope wrote letters in derogation of the King and his regalty, and the Churchmen durst not speak against them, but Humphrey Duke of Gloucester for their safekeeping, put them into the fire.   

The Catholic divine.  

To the first.  27. To the first hath been answered divers times before, that it appeareth to have been an agreement at that time in England, that the Pope's Bulls of excommunication should not be published by particular men, but with the certificate of some Bishop for more authority, etc. as it is now also used in divers Catholic Countries, 
Bull● could not be promulgated without the certificate of a Bishop.  for avoiding the frauds and practice of particular inquiet people, that by false suggestions get Bulls, etc. But that this was by the ancient Common laws before any Statute made, hath no probability at all, as by the whole Course of our ancient Catholic Kings hath been declared. And it groweth now somewhat loathsome and ridiculous, to see M. Attorney run so often to this common chimera of ancient Common-lawes, without showing any, or any likeli-hood, that any such were, or could be in ancient times amongst our ancestors, for that their religion, devotion, sense, and judgement ran wholly to the contrary in those days. Whereupon it followeth, as often we have said, that if a Common-law could not be made, admitted, or authorized without some common consent of Prince and people; it is unpossible, that such common laws should then be, as M. Attorney doth frame here to his fancy, upon every occasion that pleaseth him.  
28. That the King only may grant licence to found a spiritual incorporation, may be understood in two sorts. First that the said incorporation, 
To the second.  cannot be made, or erected within his dominions, or founded with lands, goods, or rents, without his leave, and licence, and this we deny not. secondly that the said spiritual incorporation should have her spirituality from the King, that is to say, her spiritual and ecclesiastical privileges of being such an incorporation belonging to the Church: And this we have seen by the practice of all times in England both before, and after the Conquest to have been ever sought and received from the Sea Apostolic, 
See Supra cap. 6.  whereof we have a particular demonstration set down before in the 6. Chapter of this our Answer.  
29. The last which he objecteth of the fact of Humphrey Duke of Gloucester, 
3 to the third.  that cast (as he saith) the Pope's letters into the fire for their safekeeping, is rather a jest than an argument. And I marvel 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 here is noted in the margin, upon the first year of King Henry the 6. his reign, when the King was but eight months old, and the said Duke his uncle Governor of the Land; and in his chiefest ruff, who afterward came thereby to so pitiful a ruin, both of himself, his friends, and the Realm; every man may see what force this jest may have, which yet I have not read in any other author besides M. Attorney, and so to him I leave it.     

OF THE REIGN OF FOUR ENSVING KINGS, TO WIT, Edward the fourth, Edward the fifth, Richard the third, and Henry the seventh: And how conform they were unto their ancestors in this point of controversy, which we have in hand. CHAP. XIIII.  
THe line of Lancaster being put down, and removed from the Crown, by the deprivation and death of K. Henry the 6. and his son, as before you have heard; there entered the house of York, 
K. Ed. 4. reigned .12. years, from 1460. to 1483.  with no less violence of arms, and effusion of blood, but rather more, than the other family had done before by taking to itself the Crown from the head of K. Richard the 2. For that Edward Duke of York, by dint of sword, investing himself of the sceptre, by the same maintained it, though with much trouble, fears, & jealousies, for the space of 22. years, and then thinking to leave it quietly to his son Edward the 5. (though with protestation and oath at his death, as Sir Thomas More recordeth, 
Sir Thom. More in ●it. Richard's .2. 〈◊〉 ●.  that if he could as well have foreseen the vanity of that ambition, as now with his more pain than pleasure he had proved, he would never have won the courtesy of men's knees, with the loss of so many heads) the same was taken from him soon after, together with his life, by the cruel ambition of Richard Duke of Gloucester, 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 furiously set upon the same, and desired to be in his place.  
2. This man entering then, with such boisterous and unnatural iniquity of the slaughter of two of his Nephews, 
Richard 3. reigned from 14●3. to 1485.  continued that violent government, for two years and some what more, though with many afflictions, both inward, and outward, and finally lost it again with the loss of his life; and proved with a shorter experience, than his brother King Edward had done before him, how much more pain than pleasure, that place brought to the violent possessor, especially if injustice go with it, which is the chief origen, and fountain of all disastrous small success.  
3. This man therefore being taken away by the sword of Henry Earl of Richmond, called afterward King Henry the seventh, he held the same for 24. years, 
K Henry the seventh reigned from 1485. to 1509. to wit 24. years.  with different success in different times: for that the former part of his reign wanted not waves and surges, and some troublesome motions, as in reason it could not, so many great tempests, and fierce storms having inquieted the sea before. But the later part of his reign was more calm, mild, and sweet, he having partly by his offspring and lineage, and partly by his marriage stopped that great breach, and inundation of miseries, that broke into our Realm, by the division of the two houses of Lancaster and York, and partly also by his prudent moderation, and government of the Crown, so calmed and quieted men's minds, humours, and passions, as they took delight to live in peace; and in this state he left his Realm to his heir, and successor King Henry the eight.  
4. These four Princes then, succeeding each one the other in the Crown of England, and holding the same between them for the space of 50. years together, excepting one or two, though one of them were not crowned, but aught to have been, which was King Edward the fifth, 
All four Princes agree in our controversy.  & another was crowned that should not have been, to wit King Richard the third; howsoever otherwise in regard of lineage, family, faction, pretension, or succession they were opposite or different one from another in affection, judgement, or action, for temporal affairs: yet in profession of religion, were they all one; all, and every one of them professing the same faith, and holding the same form of Christian Catholic religion, which all their ancestors had done, both before and after the Conquest. And this not only in other matters, but in the very point also of our controversy, concerning the practice and acknowledgement of the sovereign spiritual authority of the Church & Sea Apostolic of Rome; which may briefly, besides all other means, be demonstrated by these reasons following.  

The first proof.  5. First for that none of them was ever noted for the contrary, which they would have been, either by friends or adversaries, if any such occasion had been given by them; especially in that great and bloody contention, between the two houses of York, and Lancaster, wherein both parts did desire to have the favour and approbation of the Sea Apostolic, and good opinion of the Clergy at home. And if any least sign, or signification had been given by any of these Princes, of different judgement or affection in this behalf; their adversaries would have urged the same presently, to their prejudice and disgrace, which we read not to have been done.  

The second proof.  6. Secondly the practice of the said authority and jurisdiction of the Sea Apostolic used under these Kings, as under all former, except only the manner of execution in two or three particular cases, before mentioned, that were conjoined with temporalityes, doth evidently convince the same: as namely that all English Bishops, Archbishops, and other Prelates, being elected or nominated to any dignity, had ever their Bulls and confirmation from Rome, and the Metropolitans their palls. The Archbishops also of Canterbury, that lived with these Kings, Thomas Bewser, john Morton, Henry Deane, and William Warham (who was the last Catholic Archbishop that held that Sea immediately before Thomas Cranmer.) All these (I say) besides other points of testifying their obedience, and subordination to the said Sea, did according to the ancient style of their Catholic predecessors, write themselves Legates of the Sea Apostolic, as may be seen in Fox, 
Fox in his acts and Monuments.  and other Protestant-writers, in relating their commissions, in sitting upon heretics, etc.  
7. Thirdly the said john Fox doth set down in his story of Acts and Monuments more wickcliffian Sectaries and Lollards to have been condemned and burned under these Princes, 
The third proof.  then commonly under any other before; which Sectaries (as is known) did principally impugn the spiritual authority of the Sea of Rome; 
Foxie vita Edonar .4. ●uhar. 3. & Honrisi 7.  which thing it is likely the said Princes would not have done, or permitted, if they had been evil affected themselves that way. And the said Fox in the end of King Henry the 7. his life, doth set forth many painted and printed pageants of the Pope's Greatness in those days, more than ever before.  
8. And finally not to labour more in a matter so manifest, 
The fourth proof.  and clear of itself; there was never more intercourse between England and Rome for spiritual affairs, then under these Princes, to wit for inductions, and investitures to all spiritual jurisdiction, as hath been said, for dispensations, indulgences, interpretations in doubtful matters, privileges, franquises, & Charters for confirmation of Churches, Chapels, Colleges, or Monasteries that were builded: divers Embassages also were sent to Rome, and special Legates were sent to England upon particular urgent occasions. And as these kings had always their Orators, ledgers in that Court, so had the Popes of that time their ordinary Nunci●s, yea and Collectors also of their temporal commodities in England, as we may read in Polidor, 
Polidor. in vita Hen. 7.  who, among others commendeth highly the learned Cardinal Hadryan, who had been the pope's Collector, under K. Henry the 7. as himself also was, under K. Henry the 8. This than may be sufficient, for some general notes and proofs of this truth: for that to prosecute particulars in this Kind, were over tedious. Now then shall we pass to peruse and answer briefly the instances, which M. Attorney citeth out of the reigns of these Kings, as little to his purpose as the former.  

Instances out of the reign of K. Edward the fourth, the sixteenth King after the Conquest. §. I.  

The Attorney.  
6. In the reign of K. Edward the 4. the Pope granted to the Prior of S. john's, 
The first instance .1. H. 7.20.  to have Sanctuary within his Priory, and this was pleaded and claimed by the Prior; but it was resolved by the judges, that the Pope had no power to grant any Sanctuary within this Realm, and therefore by judgement of law the same was disallowed.   

The Catholic Divine.  
M. Attorney repeateth still the word Law, to show thereby that he is a lawyer, 
The answer.  and delighteth in the word that hath been so beneficial unto him; but yet allegeth here no law at all, nor can he do. For what law is that, by judgment whereof the Sanctuary of S. john's Church in London granted by the Pope, was disallowed, for so much as all other Sanctuaries had, and have from that Sea, their franquises, and liberties? Was it Common-law, or Canon and Ecclesiastical? Not Ecclesiastical. For that all such law dependeth from thence, and consequently cannot be supposed to have disannulled the Pope's authority in granting Sanctuary. Common law if it were, it must appear how it came in, by whom it was admitted, by what right it came to have conusaunce of this Ecclesiastical cause, which M. Attorney so often hath denied before to appertain to his Common-law, whereof ensueth that either those temporal judges exceeded their limits in handling this cause, or that there was some temporal circumstance therein that brought it into that Court.  
10. And surely it may be that this Sanctuary pretended by the Prior of the Knights of S. john's in London, might not only be the ordinary Sanctuary of their Church and appurtenances thereunto (which all Churches have by Canon law more or less) but also of some greater circuit, 
How the cause of Sanctuary might be handled by temporal judges.  round about their said Church and habitation; which (they being Knights and soldiers) might import some inconveniences to the common wealth by occasion of contentions, fights, & brawls that might there fall out, the temporal officers having no access by reason of the said pretended Sanctuary. And so this case not being mere spiritual, but mixed also with temporal interest of the Commonwealth, the common judges, until the matter were better discussed and resolved in ecclesiastical right, might put difficulty about the admission or execution of the said privileges, without the King's express consent. And this is answered, according to M. Attorneys allegation (supposing it to be sincere) not having by me the books, as before I have said, out of which he hath taken the same, the view whereof no doubt would discover more, therefore I recommend the examination to the Reader, that may have commodity to see, and read the places. But let us see another Instance of two more of his, out of this kings reign.   

The Attorney.  

The second Instance 9 E. 4 ●. vid● Fuz.  There it appeareth that the opinion of the king's-bench had been oftentimes, that if one spiritual person, sue another spiritual man in the Court of Rome, for a matter spiritual, where he might have remedy before his Ordinary, that is the Bishop of that Diocese within the Realm; Quia trabit ipsum in placitum extraregnum, 
Na. Br. fol. 44. H. agreeing heerwith. Note  incurreth the danger of a Praemunire, a hainons' offence, being contra legiantiae suae debitum, in contemptum Domini Regis, & contra ●oronam, & dignitatem suas. By which it appeareth how grievous an offence it was, against the King, his Crown, and dignity, if any subject, although both the persons, & cause were spiritual, did seek for justice out of the Realm, as though either there wanted jurisdiction, or justice was not executed in the Ecclesiastical Courts within the same, which as it hath been said, was an high offence contra Regem, Coronam, & dignitatem suas.   

The Catholic Divine.  
By this instance a man may greatly suspect, that M. Attorney dealeth not sincerely, but amplifieth and exaggerateth matters to his purpose. 
The Answer.  But howsoever this be, clear it is, that he dealeth not substantially. For here only the note alleged, saith that the opinion of the king's-bench had been oftentimes, that if one spiritual, or Ecclesiastical person, should sue another in the Court of Rome, when he might have remedy before his Ordinary at home, he incurreth the danger of a Praemunire; for that he draweth a Plea out of the Kingdom without necessity. Well then: this is but the opinion of some temporal lawyers of the king's-bench, that a man that should do this, should be in danger of a Praemunire, for that he draweth a Plea out of the Kingdom, when he might have sufficient remedy by his spiritual judge at home. And this is according to the Statutes before made, under King Edward the third, and Richard the second, as you have heard, that matters may not be carried to Rome, at the first instance, but by way of appellation, when they cannot have justice at home. And this taketh not away the Pope's authority, as you see, but rather confirmeth the same, and punisheth only disorderly people, that will vex, and trouble men, with citing them to Rome without necessity.  
12. Which being so, you will see, how frivolous M Attorneys exaggeration is here, in painting out unto us with so great an hyperbole of words this heinouses offence, against the duty of loyalty, in contempt of the King our Lord, and contrary to his crown and dignity, etc. And why is all this ado? For that (saith he) a subject of the realm doth seek for justice out of the Realm in spiritual causes, as though there wanted jurisdiction or justice within the Realm, which is an high offence contra Regem, coronam, & dignitatem suas. Whereto I answer, that what high offence it may be against suas (here twice repeated in the English, but corrected by the Latyn Interpreter) I know not, but sure I am, that against King, Crown or Royal dignity it can be none, no more in England then in other Catholic Kingdoms round about us. And the reason here alleged by M. Attorney excludeth all appellations between subordinate Courts, as well within the Realm, as without, if it should be admitted and taken for good. Wherefore when he writeth in the margin, Note, as though some great argument were alleged for his purpose, It is a note that he hath small store of substance to note, when he standeth so much upon such a toy.   

The Attorney.  

The third Instance.  In the King's Courts of Record, where felonies are determined, the Bishop or his deputy ought to give his attendance, to the end that if any, that is indicted, and arraigned for felony, do demand the benefit of his Clergy, 
9 E. 4.28.  that the Ordinary may inform the Court of his sufficiency, or insufficiency, that is, whether he can read, as a Clerk, or not, whereof notwithstanding the Ordinary is not to judge, but is a minister to the King's Court, & the judges of that Court, are to judge of the sufficiency, or insufficiency of the party, whatsoever the Ordinary do inform them, and upon due examination of the party, may give judgement against the Ordinaries information: For the King's judges, are judges of the cause.   

The Catholic Divine.  

The answer.  13. I am content to admit any judges in this cause, whether it be not impertinent to M. Attorneys purpose, to bring in this instance. For howsoever he goeth about in words to dazzle this case, yet is it evident, that for so much, as the Church by her privilege of Superiority, taketh out of the hands of temporal justice, men condemned to die for felony, only for that they can read like Clerks, though they be no Clerks indeed (for if they were, and had but so much as primam tonsuram, 
Who must judge whether a felon deserve the benefit of Clergy.  they could not be held, nor judged by that Court as often before hath been showed) it is evident where the eminency of authority lay in those days, to wit, in the spirituality, above the temporalty: & vain it is to stand upon other trifling circumstances, whether the Bishop's deputy sent to demand the liberty of those felons by law, did give attendance upon the King's Courts, or no; or whether he, or the judges that were laymen, must judge of this sufficiency or insufficiency; whether the felon did read as a Clerk, or not. For if the temporal judges must discern thereof, as M. Attorney averreth, then in vain was the Bishop's Deputy called thither, without whom it might have been done by the judges alone. But if he were of necessity to be called thither, and upon his oath, to pronounce, si legit ut Clericus, and that upon his verdict, the judge must give sentence to admit the felon to the benefit of Clergy, and thereupon to have pardon of his life, and to be delivered unto the Bishop's prison, as of higher authority: then is it manifest, that this instance impugneth rather, then helpeth M. Attorneys assertion, as commonly do all the rest, when they are well examined.   

The Attorney.  
The Pope's excommunication is of no force within the Realm of England. 
The 4 Instance.   
In the reign of King Edward the 4. a Legate from the Pope came to cales, to have come into England, 
12. E 4. fol. 16.  but the King and his Counsel would not suffer him to come within England, until he had taken an oath, that he should attempt nothing against the King or his Crown; and so the like was done in his reign to another of the Pope's Legates, & this is so reported in 1. H. 7. fol. 10.   

The Catholic divine.  
14. The first part of this instance, about the validity of the Pope's excommunication, hath oftentimes been answered before, 
The answer.  what circumstance, and conditions were agreed upon, to be observed in the execution thereof, for avoiding inconveniences, that came by false suggestions of some troublesome people, and among other, 
S●a 16. Rich. 2. cap. 5.  that it should always be directed to some B●s●op, whose certificate should be required for the lawfullnes thereof, 
How the Pope's excommunication had place or not place in England under K. Ed. the 4. 2. Rich. 3. fo●. 22.  as before hath been showed out of the 3. year of K. Edward the 3. & hath appeared also before out of King Richard's Statute, where all the Bishops expounded themselves, that it was not meant to derogate by that Statute from the Pope's authority, to excommunicate, etc. And in this very place, and next words after this present instance, hath M. Attorney another instance out of King Richard the 3. in these words. It is resolved by the judges, that the judgement of excommunication in the Court of Rome, should not bind, or prejudice any man within England at the Common-law. Whereby is clearly declared the meaning of the former cause, to wit, that the pope's excommunication, which is a spiritual sentence, or punishment for spiritual affairs, may not prejudice temporal all suits at the Common-law in temporal matters; and it is not much sincerity in M. Attorney, to allege these parcels of his judges determinations so nakedly, as he doth, without distinction, or explication, to the end his simple Reader may be put in error thereby.  
15. The other instance of the Pope's Legate stayed at cales, and not suffered to come into England, until he had taken an oath to attempt nothing against the King, or his Crown; showeth that King Edward rather doubted, and feared his authority, then contemned or denied the same; especially he being in that controversy about the Crown, as than he was, and the Pope interposing his spiritual authority, between K. Henry the 6. and him. And as well he might allege the example of the Pope's messenger detained in cales, by commandment of King Philip, and Q. Marry, when he brought the Cardinal's hat, from Paulus 4. to Friar Peto, 
Why Catholic Kings sometimes prohibited the entrance of the Pope's Legates.  for that the said Princes would not suffer him to come into the Realm, until they had otherwise informed the said Pope by their Ambassadors in Rome, that the same was not expedient. And yet did not this prove, that they either contemned the Pope's authority, or thought this sovereignty of spiritual jurisdiction to be in themselves. And it is a case, that often falleth out in the affairs of Catholic Princes with Popes, when they doubt any thing will proceed against them from the said Sea Apostolic, to keep off the execution, or notification thereof by what means they can, until matters be compounded. And we have had many examples thereof before, namely in the reigns of K. Henry the 2. K. john. K. Henry the 3. and two King Edward's following him, who fearing excommunication, were vigilant in prohibiting, that no messenger from Rome should enter the Realm without their licence, which was an argument rather of their esteem, then disesteem of that place, and power.    

Out of the reign of K. Henry the seventh, who was the nyntenth King after the Conquest. §. II.  
In the reign of K. Henry the 7. the pope had excommunicated all such persons whatsoever, 
The fifth Instance. 1. Henr. 7.10.  as had bought alum of the Florentines, and it was resolved by all the judges of England, that the Pope's excommunication ought not to be obeyed, or to be put in execution, within the Realm of England.  
In a parliament holden in the first year of King Henry the 7. for the more sure, & like reformation of Priests, Clerks, & religious men culpable, 
St●tut. de 1. H. 7. c. 4.  or by their demerits openly noised of incontinent living in their bodies, contrary to their order; it was enacted, ordained and established by the advise and assent of the Lords spiritual and temporal, and the Commons in the said Parliament assembled, and by authority of the same, that it be lawful to all Archbishops, and Bishops, and other Ordinaries having Episcopal jurisdiction, to punish, and chastise Priests, Clercks', and religious men, being within the bounds of their jurisdiction, as shall be convicted afore them by examination, and lawful proof requisite by the law of the Church, of adultery, fornication, incest, or any other fleshly incontinency, by committing them to ward & prison, there to abide for such time, as shall be thought to their discretions convenient, for the quality, and quantity of their trespass. And that none of the said Archbishops, Bishops, or Ordinaries aforesaid be thereof chargeable, of, to, or upon any action of false or wrongful imprisonment, but that they be utterly thereof discharged in any of the Cases aforesaid, by virtue of this Act.  
Rex est persona mixta, because he hath both Ecclesiastical and temporal jurisdiction. 
10. H. 7. 18.   
By the Ecclesiastical laws allowed within this Realm, a Priest cannot have two benefices, or a bastard can be a Priest, 
11. H. 7. 12  but the King may by his Ecclesiastical power, and jurisdiction, dispense with both of these, because they be Mala prohibita, and not Mala per se.  

The Catholic divine.  

The Answer. To the first point.  16. here are three or four instances, for brevityes sake laid together in one, as also, for that they are of so small substance, as they deserve not to be handled a part. For as to the first, concerning the buying of alum of the Florentines, who doth not see, but that it is a temporal case, wherein the Realm of England, or Merchants thereof being interessed, the State might pretend just cause to differre the admission, or execution of the Pope's sentence of excommunication, touching that affair, until they had better informed him of the truth, or justice of the cause in their behalf: For this is used ordinarily by all Catholic Princes and States even at this day.  

To the second point.  17. The second objection about the punishment of Priests and Clergymen, by their Bishops and Archbishops, hath nothing in it at all, that may make for M. Attorneys purpose. For that here is not given by Parliament, any new spiritual jurisdiction to Bishops & Archbishops, but some temporal enlargement is granted to the same. As for example, that they may not only suspend, and excommunicate, and punish by their spiritual censures, such licentious persons of life; but may corporally punish them also, by imprisonment and other ways, as here is set down. And lest any in such cases might make recourse unto the temporal magistrate, saying that they were imprisoned wrongfully, and contrary to the common secular laws of the Realm, this refuge is cut of by this Statute, and absolute power given to Bishops & Archbishops, 
The great authority of English Prelates.  to punish in such cases, as well corporally, as spiritually: whereby also appeareth that such delicts of Clergymen, were in those days to be inquired of, and punished only in the Bishop's Courts, and not in the temporal, which was a dignity, and no small pre-eminence of the Prelates of England, above many other Countries, who neither then, nor now, have the like absolute pre-eminence in all things, as before hath been showed. For that divers cases, and causes do appertain only to spiritual Courts in England, which are handled also by secular magistrates in sundry other countries; as namely that of Testaments, and the like. And this is to be ascribed to the special piety, & devotion of our Catholic Kings and Country.  

To the third point.  18. As for the third point wherein M. Attorney saith: Rex est persona mixta, adding this reason, because he hath Ecclesiastical and temporal jurisdiction; Whosoever maketh this instance, either M. Attorney, or some other author of his, he little seemeth to understand what is needful to induce Ecclesiastical jurisdiction; whereof he may need more at large in the second Chapter of this book. And as for the person of a King, 
How a King is persona mixta.  it may be named mixed in some other respects; as namely for that a King is anointed, and thereby hath somewhat of a Clergyman also, though absolutely he be a lay-man, as you have heard before the great Christian Emperor Valentinian profess of himself, Quod erat unus de populo: that he was a lay-man, and not a Clergyman. 
Supra● cap. 4.  He is likewise head of the whole Commonwealth, wherein are members, both Clergy, and laymen, as before hath been said; and in that respect, is he head of both parts, and consequently mixed, or common to them both. But all this induceth not necessity of spiritual jurisdiction, except it be committed unto him, 
Supra cap. 2.  from the Church, and Prelates thereof, in whom originally it is, as in the forenamed place we have abundantly declared.  
19 And the like we answer finally to the fourth and last objection, 
To the fourth point.  wherein it is said, that the King may dispense with a bastard to be made Priest, and with a Priest to have two benefices, and this by his Ecclesiastical power and jurisdiction. The matter must be distinguished, that the King may dispense, or give his consent in these cases, for so much as toucheth the Common wealth, or may be hurtful unto it, and no otherwise; which is to say, so far forth as it may import, or prejudice the Commonwealth, that bastards not inheritable should be Priests, 
Bastardy a let to priesthood.  or one Priest hold many benefices. But then this dispensation is not by any jurisdiction spiritual, as M. Attorney would infer, but temporal only of the Prince, as he is head of the Common wealth. For as concerning spiritual dispensation appertaining to conscience, for so much as the prohibition that Bastards shall not be ordained Priests, was not made first by temporal Princes, but by the ancient 
* Dist. 56. cap. 1. etc. 1. & vl●. de filijs presby & 6. Decret. tit. 11. cap. 1.  Canons of the Church, none can dispense properly therein, but he that is spiritual head of the whole Church, or some other by his commission.  
20. And by the same reason (for that spiritual jurisdiction over souls, which is the jurisdiction of him that hath a benefice, cannot be truly given, or delivered to any man, but by him that hath it in himself, to wit, some Prelate of the Church, that hath it from the fountain of succession from the Apostles, 
Supra. ● 2.  as before hath been declared) it followeth that none which hath not this jurisdiction, 
Who can dispense with plurality of benefices.  by this means in himself, can give any benefice to any man, and much less two, or many benefices, that is to say, spiritual jurisdiction over many flocks to one man, except he only, that hath superior and mediate spiritual jurisdiction over the said flocks, and their souls. And hereby we see, that standing in the principles, and grounds before set down, and manifestly proved, M. Attorneys instance is to no purpose at all, to the effect and sense wherein he would have it understood.  
21. And this shall suffice for this place, and for the reigns and lives of all Christian Princes of our Realm, that lived in union, and conformity of one religion, and acknowledgement of one supreme authority spiritual of the Sea Apostolic of Rome, from the first to the last, that is to say, from King Ethelbert, that received the first grace of our conversion to the Christian Catholic Roman religion, unto King Henry the 7. inclusiuè, who being the last, and nearest English ancestor to his Majesty that now is, 
K. Henry the 7 died and lived in the religion of all his ancestors.  and succeeding after above a hundred and twenty English Kings of the same religion, ended happily also his life & reign therein, without any change or alteration. And if this son had followed the same course, and held it out to the end, as he did for two parts of three of his reign, he had been thrice happy; but God's providence, for his, and our sins permitted otherwise: We shall therefore see briefly the manner, means, occasions, motives, and events thereof in the ensuing Chapter.     

OF THE REIGN OF K. HENRY THE EIGHT, And of his three children, King Edward, Queen Mary, and Queen Elizabeth: And how the first innovation about Ecclesiastical jurisdiction, was made, and continued in their days. CHAP. XV.  
NOW are we come unto the time wherein great change indeed, and alteration was made in our Country by particular Statutes, and national laws (so far forth as a perpetual, and universal received truth by national and temporal decrees could be altered) in the foresaid point of spiritual and Ecclesiastical jurisdiction. For that K. Henry the eight, after two parts of three, of his reign, wherein he had not only acknowledged and practised, according to the use of all his predecessors, but singularly also defended, and propugned by public writing, the Catholic consent of all Christendom, concerning the Sovereignty of the Sea of Rome therein; did at length upon certain occasions of particular distaste, anger, and exasperation, falling out between Pope Clement the 7. and him, about the divorce of his wife Queen Catherine, daughter of Spain, 
The causes of alteration in the time of K. Henry the 8.  and the marriage of Lady Anne Bullen in in her place (to neither of which the said Pope would consent) make strange innovations by little & little, as first threatening and the said Pope, then substracting some of his authority, and giving it to others, and finally taking all unto himself. Which devise being once begun, was continued after his death, by the governors of his young son King Edward, though with less probability and appearance of truth, as before hath been noted, & then rejected again by his daughter Queen Mary, who restored the same whence it was taken, but reassumed, though in a different devise of words, 
Supra. 6. 2. & 3.  by his second daughter Q. Elizabeth, that least of all was capable of it, as in precedent chapters hath been declared. So as here, though M. Attorney doth every where talk of ancient laws, and common consent, there is neither anquity, unity, conformity, consent, or continuance of any moment to be found; which will better appear by that we have briefly to touch of each one of these Princes reigns in particular.  

Of King Henry the eight, who was the twentieth King after the Conquest. §. I.  

K. Henry the 8. reigned from the year 1509. to 1546. to wit 3●. years.  2. This Prince succeeding his father King Henry the 7. in the flower of his youth, when he was but 18. years of age, but adorned with many rare graces, both of mind and body, took the sceptre in hand with as great expectation of his people, & neighbours round about him, as ever did Prince of our land before, or after him: and for the space of more than 20. years performed the same in all points of an excellent Prince, both in peace, and war, until he fell into that unfortunate, & fatal breach with his wife, and Queen, and disordinate appetite of the other, that succeeded her; whereupon ensued all those strange and unexpected mutations which afterward were seen, one thing giving occasion, and making way to the other, as the events declared.  
3. But among all other points of Catholic doctrine, no one was more observed by this King, while he remained in his ancient peace of mind, then that of his due acknowledgement, subordination, and respective correspondence with the Sea Apostolic; which being in his days begun to be impugned, together with many other points of Christian religion, by Martin Luther an Apostata Friar of Germany, and his followers: 
K. Henry's book against Luther. anno Domini 1521.  King Henry out of his great zeal and fervour towards the said religion, and Sea Apostolic, took upon him to write a special learned book in defence thereof against the said Luther, which book he sent to Rome, presenting it to Pope Leo the tenth, subscribed by his own ●and (which I have seen) by a special Ambassador for that purpose, Doctor Clerk Bishop of Bath and Wells', that made an earnest speech and eloquent oration at the delivery thereof, in protestation and commendation of his Kings high and resolute zeal in this behalf; all which being extant in print, I remit the Reader thereunto, for his better satisfaction.  
4. Only I cannot pretermit to recite in this place, some of his words which he useth in that book in defence of the Pope's Ecclesiastical Supremacy, which himself afterward upon new passions rising, so greatly impugned. Thus than he wrote against Luther in those days: Non tam iniurius ero Pontifici, ut anxiè & sollicitè de eius jure disceptem, tanquam res haberetur pro dubia, etc. 
Henr. 8. in defence. Sacram. contr. Mart. Luther.  I will not offer so much injury unto the Pope, as earnestly and carefully to dispute here of his right, as though the matter might be held in doubt: it is sufficient for that which now we have in hand, that his enemy (Luther) showeth himself so much to be carried away with passion and fury, as he taketh all faith and credit from his own sayings, clearly 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 Luther's fond opinion, and furious assertion, that the pope neither by divine or human law, but only by usurpation and Tyranny, had gotten the headshipp of the Church, K. Henry useth two stung reasons and arguments against him, among other, to repress his maddnes therein. The first of general consent from antiquity, saying: Negare non potest, etc. Luther cannot deny, 
Henr. ibid.  but that all the faithful Christian Churches at this day, do acknowledge and reverence the holy Sea of Rome, as their mother and Primate, etc. And if this acknowledgement is grounded neither in divine nor human right, how hath it taken so great and general root? How was it admitted so universally by all Christendom? When began it? how grew it to be so great? And whereas human consent, is sufficient to give human right at least, how can Luther say, that here is neither divine nor human right, where there is, and hath been for time out of mind, so universal human consent? etc. 
K. Henry's argument of antiquity and consent of the Pope's supremacy  Certe si quis rerum gestarum monumenta revoluat, inveniet iam olim, protinùs post pacatum orb●m plerasque omnes Christiani Orbis Ecclesias obtemperasse Romana, etc. Truly if a man will look over the monuments of things, and times past, he shall find that prefently after the world was pacified (from persecution) the most part of Christian Churches did obey the Roman: yea and the Greek Church also, though the Empire were passed to that part, we shall find, that she acknowledged the Primacy of the same Roman Church, but only when she was in Schism. And as for S. Hierome though he were no Roman; yet did he in his days ascribe so much authority and pre-eminence to the Roman Church, as he affirmed that in matters of great doubt, it was sufficient for his faith, to be allowed, and approved by the Pope of Rome, etc. This is the first argument urged by King Henry of antiquity and consent.  
6. Another he allegeth of impossibility, for the Pope to have attained by force and Tyranny, to so great authority, as he had, according to Luther's calumniation; the effect is this. Cum Lutherus tam impudenter pronunciet, etc. Whereas Luther so impudently doth affirm, that the Pope hath his Primacy by no right, neither divine, nor human, but only by force and Tyranny, I do wonder how the mad fellow could hope to find his Readers so simple, or blockish, as to believe that the Bishop of Rome, 
K. Henry's argument of impossibility.  being a Priest, unarmed, alone, without temporal force, or right either divine or human (as he supposed) should be able to get authority over so many other Bishops his equals, throughout so many and different nations, so far off from him, and so little fearing his temporal power: or that so many People, Cities, Kingdoms, Commonwealths, Provinces, and Nations would be so prodigal of their own liberty, as to subject themselves to a foreign Priest (as now so many ages they have done) or to give him such authority over themselves, if he had no right thereunto at all.  
7. But what shall I stand to dispute with Luther in this matter? Or what importeth it, what he saith or believeth therein, for so much as through anger, and envy, he knoweth not himself what he thinketh or saith, but declareth well the saying of the Apostle to be true in himself: Cor ipsius insipiens obscuratum, itaditumque in reprobum sensum; 
1. Cor. 13.  That his foolish heart is darkened, and delivered over unto a reprobate sense. So King Henry, pronouncing, as you see, a heavy judgement against Luther now, and himself afterward, when he fell into the same darkness, and not only obscurity of understanding, but inconstancy also of proceeding, which here so eagerly he objecteth to Luther, for this he writeth of him. Quis non eius miretur inconstantiam, etc. who will not wonder at Luther's inconstancy, for a little before, he wrote in his books, that the papalty, though it were not by divine right, yet was it by human, to wit by human consent for the public good of the Church, and thereupon condemned and detested the sect of the Hussites in Bohemia, for that they had cut themselves off from the obedience of the Roman Sea, affirming that they sinned damnably, whosoever obaied not the Pope. 
K. Henry's innective against the inconstancy of Luther.  This he wrote very lately (since his fall from Catholic religion) but now he is run into that, which then he so much detested. And like inconstancy he hath showed in another point also, which is; that having preached of late in a certain Sermon to the people, that the Pope's excommunication was to be obeyed, and patiently be borne, as a medicine in a disease. When himself afterwards was most worthily excommunicated, he took that sentence of the Pope so impotently, as seeming to be mad, or fallen into rage, he broke forth into such contumelious speeches, and blasphemies, as no Christian ears can abide to hear the same: so as by his fury he hath made it evident: Eos qui pelluntur gremio matris Ecclesia, statim furijs corripi, atque agitari daemonibus. That those which are cast out from the lap of their mother the Church, are taken presently with suries, and vexed with devils. Thus far K. Henry, and much more to this effect, which for brevityes sake I pretermit.  
8. And now let us with grief of mind, & some terror of conscience, look over, and reflect upon that which happened afterward unto this King himself, and into what extremes of passion and choler he fell in his writings and Statutes against this very Supremacy of the Pope (when he was excommunicated by him) which here he defendeth against Luther, though in other points of doctrine he remained still opposite to Luther, even unto his dying day.  
9 It is worthy the noting also, what mutability and inconstancy he used, not only in the whole thing (to wit, in d●●●ing the Pope's Supremacy) but in the very manner also of falling into that extremity. For first, for many years after the writing of this his book, which was in the year of Christ 1521. he continued so devout and obedient to the said Sea of Rome, as no King in Christendom more, as may appear by the mutual good offices of love, & friendship, that passed between them. 
An. 1527.  And when six years after this again, Rome was spoiled by the army of the Duke of Bourbon, & Pope Clement the seventh held as besieged in the Castle of S. Angelo, no King or Prince of Christendom was more forward in the aid of the said Pope, then K. Henry of England; 
Good offices of K. Henry continued to the Pope after the writing of his book.  as may appear by his great, and famous Embassadge sent that very year into France by Cardinal Wolsey about that matter, in the year 1527. to draw the King of France into the association of that aid and help.  
10. And when again the next year after, King Henry began to move his doubt or question about the lawfulness of his marriage with Queen Catherine, he referred the whole matter to Rome, and procured judges to be sent from thence, as namely Cardinal Campegius, that was directed from Rome the self-same year into England for Legat, with like commission for Cardinal Wolsey to be joined with him, as deputies from Pope Clement, to hear, and judge the matter, before whom sitting in judgement, both K. Henry and Queen Catherine being cited personally to appear, they made their appearance in the Church of the Blackfriar in London, in the month of April anno Domini 1529. which was the one and twentieth of King Henry's reign. And albeit King Henry being offended, that by this means of these two Legates (the Pope accepting of the Appeal of Queen Catherine, & recalling the matter to himself) he could not have his will, did put from his favour soon after Cardinal Wolsey, when the other was departed, and brought him to the miserable end which is well known, 
By what degrees K. Henry fell to breach with the Sea of Rome.  yea & condemned for his sake, the whole Clergy of England, in a Praemunire, that is to say, the loss of all their goods, which afterward they redeemed with a submission, and payment of a hundred thousand pounds, for that they had acknowledged the said Cardinal's Legantine authority, which himself had procured from Rome; yet did not he for this, surcease to send other Ambassadors to continue the solicitation of the same suit of divorce, in the said Court of Rome: and namely among others, Doctor Stephen Gard●●●, the King's chief Secretary, soon after made Bishop of Winchester, who was sent thither (as Stow and others do testify) presently after the departure of Cardinal Campegius in the same year 1529. Neither did King Henry leave of to hold his Ambassadors, Lawyers, and Procurators there about this matter, for two or three years after this again, until he saw there was no hope to get his divorce by that means; and on the otherside was resolved to marry the Lady Anne Bullen whatsoever came of it, and so did in the year 1533. and 24. of his reign.  
11. Thus than you see the beginning and progress of the cause of King Henry's breach with the Sea Apostolic, which probably would never have been, if he could have obtained his will that way; but falling into despair thereof, took resolution to cut the knot, which otherwise he could not undo. But the manner of his proceeding may be best seen by two Acts of Parliament set down here by M. Attorney the one of the 24. the other of the 25. year of King Henry's reign: 
The first breach with Rome.  for that in the former, which was in the year of his marriage with Lady Anne Bullen, as hath been said, 
Reports fol. 28.  he prohibited all appeals in causes Ecclesiastical to the Court of Rome, reducing all spiritual authority of determining the same unto the body spiritual of the English Clergy; for so the words of the statute are: The body spiritual of the English Church (saith he) having power, when any cause of the law divine happened to come in question, or of spiritual learning. etc. to declare, and determine all such doubts, & to administer all such offices, & duties, as to their rooms spiritual did appertain, without the intermeddling of any exterior person, or persons, etc. 
Stat. de. 2●. H. 8. All committed to the body of the English Clergy.  Whereby it appeareth, that by this Statute he reduceth all spiritual power to a certain community of the Ecclesiastical body of England; but in the second Statute, that followed in the year after, against suing for licences, dispensations, faculties, grants, rescripts, or delegacyes to Rome, he seemeth to establish all authority in the Archbishop of Canterbury, that was then Thomas Cranmer, newly made by himself for allowing of his marriage with Lady Anne Bullen; for so he saith in the statute: That the Archbishop of Canterbury for the time being and his successors, shall have power and authority from time, to time, by their discretions, to give, grant, and dispose, by an instrument under the seal of the said Archbishop, unto the King, and unto his heirs & successors Kings of this Realm, as well, all manner of such licences, dispensations, 
All committed to the Archb. of Canterbury.  compositions, faculties, grants, rescrips, delegacyes, instruments, and other writings for causes not being contrary, or repugnant to the holy scriptures, and laws of God, as heretofore had been used, and accustomed to be had, and obtained by the King, or any his most noble progenitors, or any of his, or their subjects at the Sea of Rome, or any person, or persons by authority of the same, etc.  
12. Lo here King Henry giveth authority to the Archbishop of Canterbury, to give unto him (to wit, to King Henry himself, and his successors Kings of England, and their subjects) all dispensations, which they were wont to ●●ke, and obtain at the Pope's hand: so as here, he acknowledgeth, that in former times, that authority belonged to the Pope, 
K. Henry subjecteth himself to the Archb. of Canterbury.  and that his ancestors and progenitors were of that opinion; but that now he being offended with him, he would take it from him, and bestow it upon the Archbishop of Canterbury, subjecting himself and his inheritors, to ask, and obtain the said dispensations at his hands, and his successors, which was (as you see) to make Archbishop Cranmer Pope, and not himself for this year, as the whole body of the English Clergy was for the year past.  
13. And whereas it is evident that King Henry gave this authority to Cranmer for dispensing &c. to the end he should dispense with him for marrying of the said Lady Anne Bullen; it seemeth strange, that he would use this so ridiculous circuyt, as first to give authority by Parliament to Cranmer, to be able to dispense with him (to wit with King Henry the giver) and would not take immediately, either by himself, or by Parliament, authority to himself, to dispense with himself. 
The gradation used by K. Henry is assuning the supremacy.  But it is well seen, that he had some remorse, or shamefastness therein at the first beginning, though the very next year after he amended the matter, or rather made it worse by assuming it to himself. For calling another Parliament upon the 26. of his reign, he made the first Statute of all, with this Title: An act concerning the King's Highness to be Supreme head of the Church of England, and to have authority to reform, and redress all errors, heresies, and abuses in the same. Whereby you may see, what gradation was used in this matter, or rather mystery, giving this power first to the Community of the English Clergy, secondly to the Archbishop of Canterbury, and thirdly to himself; and all this in three distinct years immediately following one the other.  
14. And now, if men's everlasting salvation must depend upon these mutations of spiritual jurisdiction, as no doubt they did in thousands of our Country at that time; and if the eternal wisdom of our Saviour Christ hath left no more certainty, 
A consideration of importance.  for direction of our souls, by spiritual government and authority, than this of our English Parliament, which changeth so often and easily, as you have heard, upon every Prince's particular inclination; then are we (doubtless) in a pitiful plight: for that (as hath been declared before) of the certainty of this spiritual power, for binding or losing of our sins, for Sacraments, instructions, directions, and all other spiritual helps, and assistance in this life, dependeth the surety of our everlasting salvation, or damnation in the life to come.  
15. But to go forward a little further in this matter, now we have King Henry head of the Church, and M. Attorney, no doubt, is glad thereof for helping of his cause, though it help it but little or nothing at all, it being the first example that ever could be given thereof in England, or elsewhere throughout the Christian world, and so much the more to be misliked, if we believe john Calvin in his sharp reproof of this attempt, 
Calvin. comment. in cap. 6. Amos.  which he calleth Tyrannical, & Antichristian. But M. Attorney (perhaps) will not care for Calvin or Beza, or any of their followers in this point, for that it maketh not to his purpose. Well then, he must notwithstanding grant this in all reason, that if this supreme authority spiritual was well and rightly, and by god's direction, spirit, and allowance taken upon himself, by King Henry; then is it likely, that he was guided also by the same spirit afterward in making his decrees, laws, and ordinances for directing, and governing the English Church by that authority, and especially for reforming, 
K. Henry as supreme head condemned the Protestant's religion for heresy.  and redressing of all errors, heresies, and abuses therein, according to the special title of his said authority before set down; whereof it followeth, that when upon the 31. year of his reign, which was five after the said authority given him, he calling a Parliament, determined six main and principal articles of protestant religion to be heresies, to wit: 
See statut. an. 31. H. ●. cap. 14.  The denial of the real presence: of the communion under one kind only: That Priests may marry: That vows of chastity may be broken: That private masses are not lawful: That sacramental, or auricular confession is not necessary; appointing them that should hold any of these heresies (so condemned by him) to be burned as notorious heretics: it followeth (I say) that this was decreed by him out of the same spirit, and direction of god; for that otherwise, his Ecclesiastical supremacy had been to small purpose, if there were no certainty in his determinations, or that God would permit him to err so grossly in so important a business as this was for the whole Church of England, so soon after he had ginen him his said supreme authority Ecclesiastical.  
16. And that this was done by him against the Protestants with great deliberation, consultation, advise, & maturity in the fullness of his power Ecclesiastical, appeareth well by the words of the Statute, which are these: Where the Kings most excellent Majesty, is by gods law, supreme head immediately under him, of his whole Church of England, intending the conservation of the same Church, in a true, sincere, and uniform doctrine of Christ's religion, calling also, to his blessed, and most gracious remembrance, 
With what mature deliberation K. Henry as head of the church condemned the Protestant's.  the innumerable commodities which ensue of concord, and unity in religion, etc. hath therefore commanded this his most high Court of Parliament to be summoned, as also a Synod of all the Archbishops, Bishops, and other learned men, to be assembled, etc. for a full, and perfect resolution of certain Articles proposed (which are the former six); his Majesty also most graciously vouchsafing in his own Princely person, to descend, and come into his said high Court, and Council, and there like a Prince of most high prudence, and no less learning, opened and declared many things of high learning & great knowledge touching the said Articles, matters, & questions; whereupon after great, and long deliberate disputation and consultation, had, and made; it was finally resolved, as before, etc.  
17. Thus you see, how maturely this matter was done, and resolved by the new head of the English Church, and his Counsel: which resolution not withstanding, I presume, M. Attorney and those of his religion will not well allow à part rei; though for his authority, they may not deny it, according to their own grounds, in that he did contradict therein the Popes: and so in this respect they seem to be but in pitiful plight, for that neither the one, nor the other head serveth well their turns. And with this we shall leave King Henry the 8. who in all the rest of his reign (which, as hath been said, was but the third part after his spiritual headship, of that he had reigned before, in acknowledgement of the Pope's Supremacy) his Decrees, Ordinances, and actions though they were inconstant & variable; yet were they all (except this only controversy of the Pope's authority) against Protestants, and their religion, as appeareth both by his solemn condemning and burning of john Lambert for denying the Real presence, the next year after this Statute was made; 
An. 1540  as also of Anne Ascue and others, upon the last year of his life, 
An. 1546.  for the same heresy, and of many others for other Protestant-opinions; so as I do not see how M. Attorney can much glory in this first headshipp of his Church of England, 
The headship of K. Henry fitteth not M. Attorney.  especially that being true, which Bishop Gardiner preached, and protested publicly at Paul's Gross in Queen Mary's time, that K. Henry dealt with him a little before his death for reconcyling himself to the Pope, by restoring to him his authority again, if with his honour it might be brought to pass, but before this could be treated he died, and thereby was frustrated of his good purpose therein.   

The answer to certain Instances of M. Attorney out of this reign of K. Henry the eight. §. II.  
18. And this might suffice for King Henry's reign, but only that M. Attorney, 
A doubt moved by M. Attorney and slenderly answered.  upon the recital of certain of the said King's Statutes made by himself, for his own spiritual Supremacy, (which I hold not needful for me to stand to answer) he moveth a doubt, and answereth the same in such sort, as is worthy of consideration. His doubt is, that for so much as K. Henry was now declared head of the Church, and all Ecclesiastical jurisdiction taken from the Pope in England, and in English affairs; what shall become of the Canons, or Canon law, together with the Constitutions and Ecclesiastical Ordinances depending of the Church of Rome, 
Reports fol. 32.  whereby the spiritual Courts of England were wont to be governed? you shall hear his answer in his own words.  

The Attorney.  
If it be demanded (saith he) what Canons, Constitutions, Ordinances, and Synodals Provincial are still in force within this Realm? I answer, that it is resolved, and enacted by authority of Parliament; that such as have been allowed by general consent, and custom within the Realm, and are not contrariant or repugnant to the Laws, Statutes, and Customs of this Realm, nor to the damage or hurt of the King's prerogative Royal, are still in force within this Realm, 
This appeareth by the resolution of all the judges in 7. H. ● lib. Keylw. ●o. 18. And this was long before any ●ct of 〈◊〉 was made against foreign jurisdiction ●● K. Henry 8.  as the King's Ecclesiastical laws of the same. Now, as Consent, and Custom hath allowed those Canons; so no doubt by general consent of the whole Kealme, any of the same may be corrected, enlarged, explained, or abrogated. For example, there is a decree, that all Clerks that have received any manner of Orders, greater or smaller, should be exempt pro causis criminalibus before the temporal judges. This decree had never any force within England. First, for that it was never approved, and allowed of by general consent within the Realm: Secondly it was against the laws of the Realm, as it doth appear by infinite precedents. Thirdly it was against the prerogative and sovereignty of the King, that any subject within this Realm, should not be subject to the laws of this Realm.   

The Catholic Divine.  
19 here you see two points touched in this answer: First the resolution itself, and then the confirmation thereof by a special example. The resolution is very ambiguous, doubtful, and uncertain, if you consider it. For he saith, that such Canonical laws are to be still in force, as were allowed by general consent, not contrariant to the laws, statutes, and customs of this Realm, nor import any damage to the King's prerogative Royal. 
Ecclesiastical laws made subject to every particular man's calumniation.  And what are these think you? And how uncertain a rule is this prescribed for laws, whereby matters of conscience must be determined? Who may not say in his own case, or others; this Canon, or Constitution, though it be of never so ancient Counsels, or Decrees of the Church, (for of such consisteth the Canon-law) was never allowed by general consent of England; this is contrariant to some Statute or Custom; this importeth damage to the King's prerogative Royal: and so indeed by establishing this new headship, the whole body of Ecclesiastical regiment was overthrown, though M. Attorney to salve the matter, saith; that the said Canonical laws should remain still in force (with the restrictions aforesaid) as the King's Ecclesiastical laws; which is as much to say, as that these Canon-lawes that were made by general Counsels, national or Provincial Synods, and by the Popes of Rome themselves, shall not remain as their laws, but as the King's laws, for that he retaineth them: of which poor refuge I have spoken often before, how weak and idle it is.  
20. But now for his particular example, chosen out to prove that the general Canonical laws of the whole Church received throughout Christendom, may be corrected, and enlarged, explained & abrogated by a particular Country (which is contrary to the common Maxim, 
A great untruth that Clerks were not exempted from temporal judges.  that no law can be abrogated, but by the same authority, by which it was made and allowed, or greater) I cannot but marvel, that he would insist upon the exemption of Clerks from secular tribunals, no one thing in all the liberties and privileges of the Church and Churchmen, being more ordinary, not usual, nor generally received, than this; though M. Attorney presumeth to affirm here, that this Decree had never any force within England, which seemeth to me so manifest an untruth, as I marvel he would affirm it so flatly. For, to let pass all that I have said before in the second Chapter of this our confutation, for the confirmation of the exemptions of Clerks, their persons, and goods, out of the Decrees of ancient Christian Emperors, that ratified the Church-Canons in that behalf, and the conformity thereunto of our Christian Kings before the Conquest, handled in the 5. & 6. Chapters of this book; besides this (I say) the assertion of M. Attorney may evidently be overthrown by all the laws, use, and custom since the said Conquest; and namely, and expressly by the laws of the Conqueror himself, recited before by me in the 7. Chapter of this answer, which were continued by all the said Conquerors posterity, until the time of King Henry the 3. when written Statutes had first their beginning & namely that of Magna Charta, by which laws and Statutes the said privilege and exemption was often and ordinarily ratified and confirmed.  
21. As for example, in the third year of King Edward the first, son to the said King Henry, the Statute speaketh thus: 
Westmon. 1. cap. 2. an. 3. Ed. ●.  when a Clerk is taken for guylte of felony, and is demanded by the Ordinary, he shall be delivered to him, according to the privilege of holy Church, on such peril, as belongeth to it, after the custom aforetimes used, etc. Behold the contradictory words to M. Attorneys, that said this decree had never any force, nor was approved in England. The instance also of Bigamyes alleged before by M. Attorney, 
Two instances against M. Attorney under K. Edward the first.  and answered by us in the 11. Chapter of this book, under the reign of this King Edward the first, doth evidently confirm that which we say, and refuteth M. Attorney. For that the King's Counsel refusing there to deliver certain felons demanded by the Prelates, in respect only that they were Bigamyes, or had been twice married, & thereby were excluded, by the general Council of Lions, from the privilege of Clergymen; this (I say) doth show, that before that Council, Bigamyes also had that privilege by the Latin words of the law, wherein it is said: Praelati tanquam Clericos exig●runt sibi liberandos: 
Statut. de bigamis cap. 5. an. 4. Ed. 1.  These prelate's or Bishop's did exact, or require those felons to be set free unto them, as Clerks; & doth manifestly declare, that they demanded it by the known law of the land, generally received in those days.  
22. And conform to this, under King Edward the second, son to the former Edward, 
Articuli Cleri cap. 15. an. 9 Ed. ●.  we find the law to speak in these words, A Clerk flying to the Church for felony, to obtain the privilege of the Church, if he affirm himself to be a Clerk, shall not be compelled to abjure the Realm, but yielding himself to the law of the Realm, shall enjoy the privileges of the Church, according to the laudable customs of the Realm heretofore used. So there; where you see that this was no new thing in those days.  
23. And I might add to this, divers other like Decrees of the succeeding Kings, as namely of King Edward the third, in the 18. and 25. years of his reign, 
18. Ed. 3. pro Cler. cap. 2. & 25. F. 3. pro Clero cap. 4. & 5. & 4. H. 4. cap 2.  and of King Henry the 4. in the 4. year of his reign, under whom it is written in the records of Canterbury Church, that the Archbishop Arundel seeing this ancient privilege of the Clergy to have been somewhat weakened by former Kings, he dealt with the said King Henry effectually, and obtained, saith the Register, ut vetus Cleri praerogativa, per Regem renovaretur, ne Clerici ad Regium tribunal raperentur. That the ancient prerogative of Clergymen might be renewed by the King, 
Harp●s●l ex Ar●h●●● Cantuar. sae●ul. ●5. cap. 9 in vita Thomae Arundellij.  that Clerks should not be drawn to the King's tribunal. And this was a point so notoriously known in England in those days, as when upon the year 1405. in the said King Henry the fourth his reign, the Archbishop of York Richard Scroop, together with some others of the nobility, had risen in arms against him, and the King in his choler would needs have him condemned and executed (as he was) Gaston the chief justice (as Harpesfield noteth out of the said Bishop's life, and the addition of Polichronicon) 
Gaston chief justice refuted to sit in judgement upon an Archbishop.  knowing that by the law, he could not be condemned by a secular judge, refused to sit upon him, and so he was condemned by Sir Ralph evers, and Sir William Fulthrop knights, authorized thereunto by the King's armed commission; whereof the Clergy greatly complaining, Pope Innocentius the seventh excommunicated the doers, and denounced to K. Henry, by the Archbishop of Canterbury, that he would proceed in like manner against himself, if he gave not good satisfaction in that behalf, but he dying soon after, and a great schism thereupon ensuing in the Roman Church, nothing was done.  
24. But much ancienter than this, we might allege divers examples out of the reigns of King Henry the 3. and Edward the 3. whereof we have made mention also in part before, treating of their times, as of one Peter Ri●all, who had been Treasurer to King Henry the 3. 
Paris an. 1234. sub. Henr. 3.  and being apprehended by the King's commission and to be sent to the Tower, said to him thus, as Matthew Paris writeth. Domine, Clericus sum, nec debeo incarcerari, vel sub Laicorum custodia deputari. My liege, I am a Clerk, and therefore I ought not to be imprisoned, nor to be kept under the custody of lay-men. The King answered. Te, ut laicum hactenûs ges●isti, à te igitur, ut à laico, cui meum commisi thesaurum, exigo. 
Clerks delivered from secular judges in King Henry the third his time.  Thou hast borne thyself hitherto as a laieman, and therefore, as of a laieman, to whom I committed my treasure, I exact an account of the same. And for that he was found with armour under his Clergy attire, both for this, & because the Archbishop of Canterbury there present, seemed not willing to answer for him, he was sent to the Tower, yet after two days (saith our author) he was delivered again thence by the said Archbishop, and carried to Winchester, and there left in the Cathedral Church.  
25. And some five years after that again, one Ralph Briton, a Clerk and Cha●on of S. Paul's Church, who likewise had been K. Henry's Treasurer, 
Idem. An. 1239.  being accused to the said King of divers crimes touching treason, and by his commission to the Mayor of London, apprehended and sent to the Tower, was by the instance of the Clergy, urging their said privilege, dismissed. Rex dictum Ranulsum (saith Paris) licet invitus, solui, & in pace dimitti praecepit; the King though unwilling, commanded the said Ralph to be let forth of prison, and peaceably dismissed. So as this exemption was no new thing at that time, as M. Attorney would have it seem. And of King Edward the third, above a hundred years after that again, Thomas Walsingham allegeth this confirmation of the said privilege in his time: 
Walsing. in vita Edouardi tertij an. 1344.  Quod nullus Clericus sit arrei ratu● coram justitiarijs suis, sive ad sectam suam, sive parts, si Clericus suae Clerimoniae se submittat, dicens, se membrum Ecclesiae Sanctae non debere ipsis justitiarijs respondere. That no Clerk may be arraigned before the King's justices, at the suit of the said King, or of any other party, if the said Clerk do submit himself to his Clergy, affirming, that he being a member of holy Church, ought not to answer to the said justices. So Walsingham. And this shall be sufficient to meet with the assertion of M. Attorney to the contrary: and herewith shall we end our speech of King Henry the eight.    

Of King Edward the sixth, the one and twentieth King after the Conquest. §. III.  

King Edward the sixth reigned six years from 1547. unto 1553.  26. This young Prince being but a child of 9 years old, when his father King Henry died (as often hath been said) was by his Tutors and Governors, especially his Uncle Earl of Hartford (after made Duke of Somerset) and some others that followed his appetite in the desire of innovation about matters of religion, declared Head of the Church, under the same style, as his father had been before, and by that headship and pretence thereof, they took to themselves authority to make that change, which after ensued, partly to the opinions of Luther, & partly of Zuinglius (for Calvin was not yet so famous, or forward in credit for some years after) and to overthrow and alter in effect all that King Henry by his headship had ordained, and established before, concerning religion, as may appear by the several and particular repeals of the most part of all his Statutes, touching that affair, 
See statut. an. 1. & 2. Edovardi sexts.  except only this of his departure from the Pope, and obedience of the Sea Apostolic.  
27. But yet one principal declaration, and important constitution they added in this matter (as before hath been touched) 
Supra Cap. 3.  above that of King Henry (according to the saying, facile est inventis addere) and this is, that whereas the Father K. Henry taking from the Pope his accustomed jurisdiction Ecclesiastical, did transfer it unto his Clergy of England, and afterward declaring himself Spiritual head of that Clergy, did consequently infer, he was head of the English Church also in spiritual matters, yet did he not explain from what origen properly, this spiritual power did flow: which point the said Governors of the child-King Edward did interpret and decide, 
Spiritual jurisdiction could not be derived from the child-king  showing that all spiritual jurisdiction, power, and authority over souls, by losing or binding of sins, or other spiritual actions, in Bishops, Prelates, and Priests, proceeded, and was derived from this young child, who yet notwithstanding, as each man may consider, was not of years to have perfect use of reason for disposing so much as temporal matters, and how much less in spiritual. For so affirmeth plainly S. Paul to the Galathians. 
Galat. 4.  Quanto tempore haeres par●ulus est, nihil differt à servo, cum sit Dominus omnium, sed sub tutoribus, & actoribus est, usque ad praefinitum tempus à Patre. All the time that the heir is young, or under age, though he be Lord of all by inheritance, yet doth he differ nothing from a servant or boundman (in subjection) but is under Tutors, and Administrators, until the time of his age appointed by his Father. So the Apostle.  
28. And if than this young King had not yet authority, as of himself, to dispose of any temporal affairs, which are of much less moment; we may easily consider, what may be thought of spiritual, and Ecclesiastical, that require more the use of reason, and judgement, for exercising of jurisdiction therein, then doth the other. But you will say (perhaps) that the same Tutors, and Administrators, that governed him in secular, & Civil affairs, might take upon them also jurisdiction in the spiritual likewise: 
An evasion refuted.  and so the Duke of Somerset (for example) with his assistants, might be secondary or Vicar-heads of the Church of England under him for the time, to absolve, or bind sins, determine of heresies, dispose of Sacraments, and the like.  
29. But to this ●s easily answered, according to the principles set down in the second Chapter of this book, that for so much, as all temporal power is given first of all by God, in the law of Nature unto the people or multitude, who thereby have authority to transfer the same to what manner of government they like, either Monarchy, or other; it followeth also, that the Commonwealth that had authority to choose, or appoint the state of Kings to reign over them, had, and hath power to give sufficient authority in like manner, to Tutors and Administrators, 
Different origens of temporal and spiritual authority.  to govern the said Commonwealth in temporal affairs, during the time of their King's minority or nonage: But that the origen of spiritual power coming not by this way of the people, nor being given to them at all, but immediately by Christ our Saviour to his Apostles, and their Successors, Bishops and Prelates, by lawful Ordination and Succession of Priesthood, and imposition of hands to the end of the world; no temporal Tutors, or Administrators could rightly get into this authority, except they were first made Priests, and this also by Calvin's opinion and assertion, as well as ours, as 
* See Supra cap. 2. & 3.  before hath been declared.  
30. By this than we see, how; and by what assurance this headship of the Church, and supreme Ecclesiastical authority thereof, passed from the Father to the son, which was such, as it liked not M. Attorney to allege any one Statute of this man's time against us, though all in deed were made against us, and against the said Father, as may be easily imagined, considering the Current of that time. And the very first of all was in favour of Luther's opinion, about the 
a Stat. 1. Ed. 6. cap. 1.  Real presence, which afterward they changed into that of Zwinglius. They changed also twice their 
b Stat. 2 & 3. Ed. 6 & 5. & 6. cap. 1.  Communion book, and form of service and Sacraments: first upon the second and third years of King Edward's reign, and secondly upon the 5. and 6. as appeareth in the particular Statutes of those years. They repealed a great number of K. Henry's Statutes, as by name concerning treasons 
c Stat. 1. Ed 6. cap. 11 & 12.  and heresies. They repealed his famous Statute for Precontracts 
d St●t. 2. & 3. Ed. 6. cap 23.  in marriages; as also dissolved divers of his 
e ●tat. 7. Ed 6. cap. 2.  Courts, that he had set up. And finally they respected nothing the said King Henry's headship, nor his prescription or direction therein, but followed their own for the time that their power endured: And yet all was published under the name of the Gospel, and New reformation, established by negotiation in Parliament, as though the matter had proceeded from very sound and founded Ecclesiastical authority. And this for that time, whereof M. Attorney alleging no one example against us, I have no further need to enlarge myself.   

Of the reign of Queen Mary, the two and twentieth Princess after the Conquest. §. FOUR  

Queen Mary reigned six years from 1553. to 15●●.  31. As M. Attorney doth pre●ermitt the memory of Queen Mar●e without mentioning her at all; so could I have done also, but that my purpose is to pass through the reigns of all our Princes, without overpassing of any. And it may serve also to our purpose, to consider thereby the broken and interrupted succession of this new headshipp in the Father, son, and daughters. For as the Father by his Act, had contradicted all his ancestors Kings of England before him, from the beginning of their Conversion unto his days; so his son, though succeeding him in the participation of that act, yet contradicted him in all the rest that he decreed, touching matters of religion, 
Queen Mary restored all to the ancient use again.  by virtue of that headshipp after him: & then came th'elder daughter, who contradicted them both, and restored all to the ancient state again, wherein it had continued throughout the race of all her ancestors progenitors of England and Spain, for a thousand years and more. So as here M. Attorneys prescription can be very small, for so much as his whole third thereof was broken and cut of by Q. Marie, and consequently he must begin again with Q. Elizabeth's reign, as the fountain of all his deduction.  
32. And for so much as Queen Marie having, as a devout, obedient, and Catholic Princess, returned all things belonging to religion, to their ancient state and condition, wherein her Father found them, and her Grandfather left them, she repealed, and mortified all such Statutes of innovations and new devices, as she found to have been made upon any occasion, or fancy what soever, during the time of her said Father and brother, reducing herself in obsequium fidei, to the humble obedience of that only faith, which had been held, and practised in Christ's universal Church, and namely also in England, from the beginning unto her said Father's days; punishing likewise divers of the heads and authors of those new innovations and alterations, that had been made: and mamely and above others, the chief author and instrument of all, Thomas Cranmer Archbishop of Canterbury, 
Thomas Cranmer the first heretical Archb. of Canterbury.  who entering catholicly, as was thought, into that dignity, was the first Archbishop that ever failed, or dissented in his faith from the rest, or from the obedience, and subordination to the Sea Apostolic, and so by god's judgement, came to be a strange example of a miserable end, to be burned publicly for his heresies; and for that in particular, against which his noble and learned predecessors, Lanfrancus, Anselmus, and other Archbishops of Canterbury, had fought most famously, above other learned men, when it first sprang up in Berengarius, the first author and inventor thereof, in the days of William the Conqueror; I mean, the denial of the Real presence in the blessed Sacrament, which of all other heresies, was most hateful unto him, for whose sake, Cranmer first of all declined to schism and heresy, I mean King Henry the eight; yea and to himself also for a time, after the others death, as may appear by the foresaid first Statute, made chiefly by his authority, in the first year of King Edward's reign, in favour of the said Real presence against the sacramentaries.  
33. All which being so, every man may behold what ground, or certainty there was in those days, or is now, for men to leave the Catholic known religion, and cast the salvation of their souls upon such alterations, as these were. For that after Queen Mary, who had restored all to the ancient state, as hath been said, came her younger sister Queen Elizabeth, a Lady of some five and twenty years of age, who by little and little altered all again, 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 form and fashion of believing & worshipping God, peculiar to itself in divers points, and differing from all in some. Of which innovation by the said younger sister against the elder (they being the only two Queens that ever have reigned in their own right within our land, since the beginning of Christianity) we shall now pass to speak a few words, and so end this whole discourse of our English Princes, and their religion.   

Of the reign of Queen Elizabeth, who was the three and twentieth Princess after the Conquest, and last of King Henry's race §. v.  

Q. Elizab. reigned 45. years from 1558. unto 1603.  34. This Lady being the daughter of King Henry and Queen Anne Bullen, coming to reign after the foresaid Queen Mary her sister, was persuaded to resume, and take to herself that supreme spiritual power and jurisdiction, 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 thereunto, for that it is the opinion of many men that knew her, 
What moved Q. Elizabeth to make a new change.  and conversed with her, both before and after her entrance to the Crown, that she had neither great desire to take it at the beginning, nor opinion that she might do it; but only that she was told, it was necessary to her present state at that time, in regard of divers Pope's sentences passed against her legitimation, 
Pope Clement 7. & Paulu● ●.  & the lawfulness of her Parent's marriage, and the pretence of the Queen of France and Scotland at that time, upon 〈◊〉 supposed desect, to the Crown of England, as due to her, ●●ough the others illegitimation.  
35. For remedy of all which, it was made a matter necessary, that she should take the said authority Ecclesiastical from the Pope and Sea of Rome, and place it in herself, especially when by negotiation of some that desired the change, it was brought about, that the Parliament should offer it unto her under this plausive Title of, An Act for restoring to the Crown the ancient jurisdiction of the 〈◊〉 Ecclesiastical and spiritual; and the act itself so cunningly, and ●●●ertly penned, as before hath been said, as throughout the same ●●re is not found so much as once mentioned or named, The head of the Church, which everywhere is iterated & urged in the Statutes, that gave the same power to her Father and brother; but in steed thereof, cometh in the devise before mentioned of Supreme Governess, with authority to visit, reform, correct errors, heresies, c●●ses etc. 
Crafty dealing to move the Queen to accept of the supremacy.  And all this for sweetening the matter (as a man may say) to this Lady at the beginning, who (besides the other reason of Calvin's mislike & reprehension thereof before mentioned in King Henry the eight) had little opinion, or appetite of the matter in those days, not being ignorant (for that she was of excellent wit) how strange a thing it would seem in the world, to have one of her sex Supreme in sacred and Ecclesiastical matters, i● ijt ●ua sunt ad Deum, to use S. Paul's 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 told by some in good sadness at that time (and M. Attorney offereth to stand to it now) that this authority was no new thing, or (to use his words) not a Statute introductory of a new, but declaratory of an old, 
Adulatory speeches for embarking the Queen.  and that the same was conform to the ancient laws of England, acknowledged, and practised by all her ancestors, 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; she was content to let it pass, & admit thereof for the time, though I have been most credibly informed, by such as I cannot but believe therein, considering also her foresaid sharpness and pregnancy of wit, that upon divers occasions (especially for some years after the beginning of her reign) she would in a certain manner of pleasantness jest thereat herself, saying: Look what a head of the Church they have made me.  
37. And to the end that no man may imagine, that these things, & some other, which here I am to touch of the good disposition, this deceased Princess had of herself, towards Catholic religion at the beginning of her reign, and for divers years after, if she might have been permitted to her own inclination, are feigned; I do affirm upon my conscience, in the sight of him that is author of all truth, and severe revenger of all falsehood, that nothing hereof is invented, or framed by me, but sincerely related upon the undoubted testimonies of such as reported the same, out of their own knowledge. As for example that not long before the death of Q. Marry, a commission being given to certain of the privy Counsel, to go and examine the said Lady Elizabeth at her house of Hat-field, 
The speech of Lady Eli●●● wi●● 〈◊〉 of Q. Mary's 〈◊〉 counsellors.  not far from London, when other matters had been debated, she taking occasion to talk with one of them a part in a window, said unto him with great vehemency of spirit, and affliction of mind, as it seemed, laying her hand upon his: Oh Sir! and is it not possible, that the Queen my sister, will once be persuaded that I am a good Catholic? Yes, Madam, quoth the Counsellor, if your Grace be so indeed, God will move her Majesty to believe it. Whereupon the said Lady both swore and protested unto him, that she did as sincerely believe the Roman Catholic religion, as any Princess could do in the world: & in proof thereof, alleged the order of her family, which was to hear mass every day, and the most of them two, one for the dead, and the other for the living. And this hath the said 
* Sir ● an●●●nglese●d.  Counsellor oftentimes related unto me and others, he being a man of great gravity, truth, and sincerity in his speeches.  
38. And conform to this, I have seen a letter written in Spanish from the said house of Hat-field, unto K. Philip then in Flaunders, by the Count of Fer●●, afterward Duke, and then Ambassador for the said King in England, which letter was written upon the 16. day of November in the year 1558. when Queen Marie being now extreme sick, 
The Duke of Fer●● his letter to be seen in the K. of Spaine● 〈…〉 A●●hiuiū ●●●hetov●n● of Ciman●a●.  and annealed, & out of all hope of life, he went to visit the said Princess Elizabeth from his Master, and relateth all the conference, and speech he had with her, and her answers to divers points concerning her future government, with his opinion of the same, both in matters of 〈◊〉 and religion: concerning the latter whereof, though he discovered in her a great feeling and discontentment of certain proceedings against her, in her sister's time, and thereupon did fore●●some troubles like to ensue to some of them, that had been in ●●fe government, and namely to Cardinal Poole, if he had lived: 〈◊〉 wrtieth he, that for the Principal points of Catholic faith ●●en in controversy, he was persuaded, she would make no great ●●teration, and in particular he affirmeth, that she protested unto unto him very sincerely, that she believed the real presence in the Sacrament, after the words of consecration pronounced by the Priest.  
39 Which relation of this noble man is much confirmed by that which was written to the said Queen herself, some six or seven years after, 
Doct. Harding in his epistle to the Queen. an, 1565.  by Doctor Harding in his dedicatory epistle before the confutation of the English Apology of the Church of England, upon the year 1565. wherein he commendeth her liking of her more sober preachers: both always heretofore (saith he) and specially on Good-friday last openly by words of thanks, declared, when one of a more temperate nature than the rest, in his sermon before your majesty, confessed the Real Presence. So he. And that this opinion, and affection stayed and persevered with her, even unto her old age by her own confession, I have for witness another Worshipful knight yet alive, who upon the truth of his conscience hath often protested unto me, that having occasion to walk, & talk with her, and to discourse somewhat largely of foreign matters (for that he was newly come from beyond the seas) in her garden at Whitehall, not above five or six years before her death, & relating unto her among other things, 
another protestation of Q. Elizabeth about the Real presence.  the judgement and speeches of other Princes concerning her excellent parts, of learning, wisdom, beauty, affability, variety of languages, and the like; but especially the speeches of certain great Ladies to this effect, upon viewing of her picture; the said knight seeing her to take much contentment therein, and to demand still greedily what more was said of her, he thought good (ask first pardon) to add the exception that was made by the said Ladies, to wit, how great pity it was, that so rare a Princess should be stained with heresy, whereat her Grace being much moved, as it seemeth, answered: And do they hold me for an heretic? God knoweth what I am, if they would let me alone; and so avouched unto him in particular, that she believed the Real presence in the Sacrament, with other like protestations to that effect.  
40. And sundry years before this again, there being sent into England from France, one Monsieur Lansacke of the French King Counsel, that was Steward in like manner of the Queen-mothers' household (as before hath been mentioned) he was wont to recount, 
Q. Elizab. conference with Monsieur Lansack.  & testify after his return, with great asseveration, that having had confident speech with the Queen of England, about matters of religion, she told him plainly that which before we touched about her spiritual Supremacy, to wit, that she knew well enough that it belonged not to her, but to S. Peter, and his Successors, but that the people, and Parliament had laid it upon her, and would needs have her to take, and bear it. Adding moreover her Catholic opinion about other points in controversy also, and namely about Praying to Saints, affirming that every day she prayed herself to our Blessed Lady. And so far forth had she persuaded this to be true to this French Counsellor, as he did not only believe it, and report it again with great confidence, but was wont to be angry also, with such as should seem to make doubt of the truth thereof: among whom, for one, was a worshipful gentleman of our own Country yet living, 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 drawn to many things against her own inclination, & much resistance she made at the beginning, for divers days, to admit any change of religion; and thereupon presently even 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 used in the Church should be altered, but as it was in her own Chapel; and this, to prevent such innovators, as she knew would presently be doing, if they were not prevented: against whom she would often speak bitterly and contemptuously in secret with certain 
* To the old L. Mōt●gue. The Earl of Southampton and others. Q. Elizab. own inclination towards Catholic religion.  noble men, whom she knew to be Catholic, complaining of their importunity, and signifying her own good affection toward Catholic people, and that she was urged on, by those other, far beyond her own inclination; which she declared in like manner by keeping the Cross, and crucifix of Christ in her Chapel for divers years, against the bitter exclamations of the said turbulent people, whereof the forenamed Doctor Harding giveth testimony also in his said epistle dedicated to herself saying: Your constant bearing and upholding of the banner, and ensign of our redemption (the image I mean of Christ crucified) against the enemies of his Cross; your Princely word commanding a Treacher, that opened his lewd mouth against the Renerend use of the said Cross in your private Chapel, to retire from that ungodly digressed, unto his text of holy scripture, etc. doth well show your good inclination. 
D. Harding ubi supra.  So he.  
42. And all this I have thought good (omitting many other things to this effect) to mention in this place, for some part of excuse (if it may be) of the many and grievous afflictions laid upon her Catholic subjects 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 dreadful precedent, how far, and dangerously Princes may be led by art, and importunity of others, if they be not wachfull to resist them at the beginning. 
Q. Elizab. drawn to great extremities against her Catholic people.  For that this Princess, notwithstanding her mild & gentle disposition, which you have heard, was drawn on by little and little, to make more grievous Statutes, Decrees, and Ordinances, against that part of her subjects (which might have been held united unto her) then ever (perhaps) did Prince before her, either Pagan or Christian, against any sort of malefactors whatsoever.  
43. And of this, let the multiplicity of statutes extant against them be witness, the death of so many Priests, and others of that religion, yea of her dearest and nearest in blood, that then was living, together with the imprisonments, vexations, and tribulations of innumerable good subjects for that cause; which brought her finally, after many troubles and terrors, distrusts and jealousies, to that melancholic afflicted state of mind, wherein she died. All which had been avoided, if (to use her own phrase) they would have let her alone, and left her to her own disposition, and mild inclination; but now the account must remain unto herself.  
44. And so to conclude, for so much as these Statutes, which M. Attorney doth mention here to have been made by her against Catholics, and principally against the spiritual jurisdiction of the Sea of Rome, and branches thereof, did not so much proceed of her own proper inclination and disposition, if we belief the former testimonies, as of other men's instigation; or if they did, they were made in defence of her own Ecclesiastical Supremacy newly taken, or laid upon her: it shall to be needful for me to answer them so particularly, as I have done the rest before cited, saving only to certain erroneous assertions, and iniurions asseverations added by M. Attorney himself in his enumeration and declaration thereof, which we shall perform in the next ensuing Chapter, and conclusion of this whole work.    

CERTAIN EXPOSTULATIONS WITH M. ATTORNEY ABOUT EVIL PROCEEDING, And injuries offered to sundry sorts of men in this his Book of Reports, especially towards the end thereof: Together with the Conclusion of the whole work. CHAP. XVI.  
ALbeit in the beginning and first entrance of this my answer, I promised (and so I presume hath been performed) to hold a mild, and respective course of temperate writing throughout the same; yet drawing now towards an end, and finding M. Attorney to imitate the motion of natural bodies, who the nearer they come to their Centre, the more vehemently they move, that is to say, to be so much the more bitter, eager, and injurious to Catholics, as he draweth nearer to the upshot of his Work, and designed Centre of their damage, hurt, and prejudice; 
M. attorneys injurious conclusiō●.  I am forced in this place, somewhat also to sharpen my pen, for repelling so many, manifest, & undeserved injuries; which craftily he goeth about in his last conclusion to couch upon them: but yet retaining still our former measure of moderation & friendly dealing, so far as the nature & circumstance of the business may bear & permit; intituling this Chapter, rather of Expostulations, than accusations on our behalf, which for that they concern divers sorts of men, we shall handle distinctly, under the several ensuing Paragraphes.  

THE FIRST EXPOSTULATION, In the behalf of Recusant Catholics of England grievously injured by the Attorney. §. I.  
2. To the end you may better judge of the equity of this our first expostulation, I think it best to set down the iniquity of the Attorneys false charge in his own words, which are these, in the 34. and 35. leaves of this his 5. part of Reports, wholly directed to their hurt, and prejudice. From the first until the eleventh year (saith he) of the late Queen Elizabeth's reign, no person of what persuasion of Christian religion soever, at any time refused to come to the public divine service celebrated in the Church of England, 
A false charge of ●he Attorney.  being evidently grounded upon the sacred and infallible Word of almighty God, and established by public authority within this Realm. But after the Bull of Pius Quintus was published against her Majesty in the said 11. year of her reign, etc. all they that depended on the Pope, obaied the Bull, disobaied their gracious and natural Sovereign, and upon this occasion refused to come to the Church, etc.  
3. Here you see two things boldly affirmed: First that in 11. years after Queen Elizabeth's coming to her Crown, no person of what persuasion soever in Christian religion, did at any time refuse to go to Church, until the Bull of Pius Quintus came forth against her. The second, that upon this occasion, Catholics not holding the Queen for their lawful Princess (for so afterward he often expoundeth himself) refused to come to Church. Both which points, if we can show to be most manifestly false, and the second also calumnious, what shall we say of M. Attorney in this behalf, that presumeth so confidently to put such open untruths in print?  
4. First then, for the former point, not only many Catholics in the first eleven years by him prescribed, did refuse publicly to come to the Protestants Church, but many Puritans also, from the very first entrance of Queen Elizabeth to her Crown, and so is it testified by public authority of divers books, set forth by order and approbation of the Bishops of England themselves these years passed against the said Puritans, recounting the beginning, offspring, and progress of that Sect, and faction, one of them writing thus: 
See the book of Dangerous Positions l. 2. c. 2. imprinted at London an. 1191.  Upon the return of Goodman, Whittingham, & Gylby, with ●he rest of their associates from Geneva to England, although it grieved them at the heart, that they might not bear as great a ●way here in their several Consistories, as Caluyn did it Geneva, etc. yet meddled not they much in show with matters of this discipline, but rather busied themselves about the apparel of ministers, ceremonies prescribed, and in picking of quarrels against the Communion book, etc. Thus writeth he of the first Genevian English preachers, that returned from thence to England after the Queen's reign: and that for these quarrels against the Common, and Communion-booke, they refused to come to the Protestants Church in those days, as much as Catholics, it is evident. But yet you shall hear it affirmed plainly and distinctly out of the same Author quite opposite to M. Attorneys asseveration, though he be of his religion, if yet he have made his choice.  
5. For the first ten or eleven years of her majesties reign (saith he) through the peevish frowardness, 
Ibid. l. 3. a. 1.  the outcries, & exclamations of those that came home from Geneva, against the garments prescribed to ministers, and other such like matters, no man of any experience is ignorant what great contention and strife was raised, in so much as their Sectaries divided themselves from their ordinary congregations, & meeting together in private houses, in woods and fields, had, and kept there, their disorderly and unlawful Conventicles: which assemblees (notwithstanding the absurdness of them in a Church reform) M. Cart-wright within a while after took upon him in a sort to defend, etc. So he. 
The first recusancy of Puritans.  And thus much for Puritans, whom if M. Attorney will grant to be of any persuasion what soever in Christian religion: he then must needs grant also, that he was much o●ershott in this his first so general a Proposition, affirming, that none of what persuasion soever, did at any time refuse within that compass to go to Church. But let us see, how we can overthrow the same in like manner, concerning Catholics, of whom principally he meant it.  
6. He that shall but cast back the eye of his memory, upon the beginning of Queen Elizabeth's reign, and shall consider how many Archbishops, Bishops, Deans, Archdeacon's, Heads of Colleges, Canons, Priests, Scholars, Religious persons of divers sorts, and sexes, Gentlemen, Gentlewomen, and others, did refuse openly to conform themselves to that new change of Religion then made, and published by authority of the said Queen, at the beginning of her reign; will marvel how, and in what sense, and whether in jest or earnest, sleeping or waking, M. Attorney set down in writing so general a negative assertion. For that he shall see so many convictions thereof, as there be particular witnesses of credit against him in that behalf. And truly, it seemeth, that either he was an infant, or unborn at that time, and hath understood little of those affairs since, or else forgot himself much now, in affirming so resolutely a proposition refutable by so infinite testimonies.  
7. For if he look but upon Doctor Sanders Monarchy in latin in his 7. book, where he handleth the matters that fell out upon the first change of religion in Queen Elizabeth's days, he shall find 14. Bishops at least of England only, besides ten more of Ireland and Scotland, 
Ho● many Catholics were Recusants from the beginning  together with Doctor Fecknam Abbot of Westminster, Father Maurice Chasey, and Wilson Priors of the Carthusians, 13. Deans of Cathedral churches, 14. Archdeacon's, 15. heads of Colleges, almost 50. Canons of Cathedral churches, above eightscore other Priests, whereof divers were Doctors, or Bachlers of divinity, Civil, and Canon-law, deprived from their livings, and offering themselves, either to voluntary banishment abroad, or to imprisonment and disgrace at home, for maintenance of Catholic religion, to omit all the rest of the lay sort, both of the Nobility, Gentry, and others, that stood openly to the defence of the same Religion: All which did refuse to go to the Protestant-seruice, even in those first days; which is testimony enough, to convince the open, and notorious falsity of M. Attorneys assertion, that no person of what persuasion soever in Christian religion, did at any time refuse to go to Church: though I deny not, but that many other besides these, throughout the Realm, though otherwise Catholics in heart (as most then were) did at that time and after, as also now, either upon fear, or lack of better instruction, or both, repair to Protestant-Churches; the case being then not so fully discussed by learned men, as after it was, whether a man with good conscience may go to the Church and service of a different Religion from his own, which releiueth little M. Attorneys affirmation. And so this shall suffice for the first point.  
8. In the second point, being no less notoriously untrue than the first, he offereth the said Catholics much more injury, in affirming, that upon this occasion of the Bull of Pius quintus against Q. Elizabeth they first refused to go to the Church, as not holding her for true and lawful Queen: insinuating thereby another consequence also, much more false and malicious than this, to wit, that the same may be said and understood of Recusant Catholics at this day, in respect of his Majesty that now is. But the untruth of this assertion is most manifest, both by that we have showed before, that great multitudes of Catholics refused even from the beginning to go to Protestant-Churches, 
See the book entitled Reasons of Refusal.  though then the matter was not much urged against them; as also by this other reason, for that their holding the Queen, for true, or unlawful, was, and is impertinent to the matter of going to Church: Nay, their holding her for not Queen (if any so did) did rather disoblige, then oblige them to this recusancy.  
9 The reason hereof is, for that one principal cause binding them in conscience not to go to the service of a different, or opposite religion to their own, was the precept and commandment given by the said Queen, that all should repair to the said service, to show their conformity etc. For that the obeying of this precept in matters of religion (they offering themselves otherwise to go to any Church for temporal matters) was a kind of public denying their own faith: As for example; if in Persia at this day, or other places of different Religion, Christians living there should of their own curiosity go sometimes to the Churches or Moscies of that Country, to hear & see only what is there done, though not to pray or worship; or (which is less) should carry or wear their Turban or Mahometan habit, it were not so great a matter of offence; but if the King, or Emperor should command the same to be done in attestation of their conformity of religion, 
Consider well this reason.  now this precept doth make it much more unlawful, though yet if he were not true King indeed, nor true magistrate that should make such a precept, but some private man of his own authority; every man seeth, that it would rather diminish, then increase the obligation of recusancy, And so M. Attorney, when he affirmeth that Catholics first began their recusancy of going to Church, upon this persuasion that Queen Elizabeth was not lawful Queen, he allegeth circstumance that might rather, in some sort, facilitate their going, then increase their obligation to the same recusancy. For that her precept and commandment binding them not at all, as not Queen, they were freed thereby of that obligation, as before hath been said, springing of this head of Royal commandment.  
10. This then is the first great injury, which M. Attorney offereth unto Recusant Catholics, interpreting their recusancy to be of malice and treasonable hearts, rather than of band of conscience, 
Reports ●ol. 37.  which injury he often iterateth in the current of his discourse, saying after many other accusations heaped together, in this sort: 
False and Injurious calumniations.  In all this time, no law was either made, or attempted against them for their recusancy, though it were grounded upon so disloyal a cause, as hath been said. And again a little after talking of the penal laws, made against them for the same recusancy, he saith: That it was a mild, and merciful law, considering their former conformity, and the cause of their revolt. But I having showed now, that there was no such general conformity before, and consequently no revolt, and much less any such cause of revolt, as he feigneth to himself; the untruth of these charges, and the wrong done thereby to innocent men, is made evident and manifest.  
11. Neither doth M. Attorneys exorbitant humour contain itself here, but being once entered into the field of insolent invectives and exaggerations against the said recusant Catholics, he vaunteth, and triumpheth, as though he had them under him at the bar ready to be condemned, where no man must speak in their behalf, but himself only against them without reply, or contradiction. And therefore after a long enumeration of matters both impertinent, and little important to the cause in hand, he writeth thus: 
fol. 3●.  And there upon Campian, Sherwyn, and many other Romish Priests being apprehended and confessing that they came into England to make a party for the Catholic cause, when need should require, 
Manifest slanderous untruths.  were in the 21. year of the said late Queen's reign, by the ancient Common-laws of England, indicted, arraigned, tried, adjudged, and executed for high treason, etc. 
fol. 39  And again not long after he maketh this conclusion: By this, and by all the Records of indictments, it appeareth that these Jesuits and Priests are not condemned, and executed for their Priesthood and profession, but for their treasonable, and damnable persuasions and practices, against the Crowns and dignities of monarchs, and absolute Princes. etc. Thus he.  
12. But here I would ask, may not a man of his calling be ashamed, to put in print so manifest untruths, even then, when there are so many hundreds yet alive, 
The protestations M. Campian. Sherwyn and others at their deaths.  that were at the said arraignments, trials, condemnations, & deaths of the said Blessed men, Campian, Sherwyn, & the rest, who not only protested on their souls, and everlasting salvation at their last hour, to be guiltless in all accusations laid against them, except only their Orders of Priesthood, and profession of faith, but upon racks also stood thereunto, and defended the same so clearly at the bar, with many reasons, proofs, and demonstrations, as most of those that stood round about, and heard their Pleas, yea Protestants also by name, did think certainly, when the jury went forth to consult (and did offer likewise to lay wagers thereon) that at least Father Campian, and his company, the first day should have been quitted.  
13. And as for the ancient common laws of England, whereby M. Attorney saith they were condemned, we have showed now often before, that this is but a word of Course with him, & that there be no such Common-laws extant, not ever were, or could be under Catholic Princes against Priests, before the breach of King Henry the 8. and that this is but an Idea Platonica of the Attorneys invention, 
M. Attorneys Idaea Plat●nica of ancient Common-lawes.  to cover and colour matters withal: whose soul (truly) I do love so dearly, as I would be very sorry he should entangle the same with the blood of those godly men, that suffered before he came to age, to undergo that dangerous burden of pleading against them. He may leave that charge to his Ancients, especially to him, that had his office at that time, who being yet living (as I suppose) hath both that, and many other such heavy reckonings to answer for, at the time appointed by the common judge of all, whom I beseech most humbly to facilitate that account unto him, and others interessed therein; as this also of calumniating Recusant-Catholickes to M. Attorney, they being the only people of that profession, that most ought to be pitied, and charitably dealt withal; for that they suffer only for not dissembling in their consciences: which if they would do, as the sin were damnable to themselves, so were it nothing profitable or available to the State, or Prince, to have external conformity, without inward consent, judgement, will, or love. And so much of the ground of this first expostulation, pretermitting many other things, which might be complained of, in this boisterous stream, 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 have aures audiendi, hearing ears (which by our saviours speech appeareth that divers consciences have not) to look to one special obligation above the rest; which is, that having ended, and put in print this his Book, & presented the same in person to his Majesty, 
A scruple ●f conscience vr●●d upon ● Attorney.  & showed the principal drift, and parts thereof, and thereby made some strong impressions against the said Recusant-Catholickes, as well appeared by his said majesties speeches, and discourse that day at dinner, when the said book was brought forth; his obligation (I say) is, (and this both in conscience and honour) that finding himself now mistaken, overshot, or deceived in some of his said principal Reports, and principally in this about Recusant-Catholicks, he is bound to present also this Answer to his said Majesty, for manifestation of the truth, and relieving the said Catholics of the unjust accusations laid against them, as he did present his own book of the said charge. And in this point I will remit me to the judgement, and censure of the best, & most learned Divines of all Christendom at this day, either Protestants or Catholics, whether restitution of fame, justice, or innocency violated by him, be not in this case necessarily to be made: Quia non dimittitur peccatum, nisi restituatur ablatum.  
15. As for example, if M. Attorney in presenting his book to his Majesty, & laying open the same, did say, Lo Sir, here is all this rank of English laws, to prove that the Kings of this land, did, and might from time to time, take upon them Supreme spiritual jurisdiction, no less than Queen Elizabeth did by peculiar Act of Parliament, in the first year of her reign: if he used this or the like speech (as I have been informed that he did) and that now it be proved, 
Untrue informations of M. Attorney unto his Majesty.  that no one of those laws nor all put together, do prove that Conclusion: and if he affirmed moreover, that by the said ancient English-laws, whosoever did not ascribe Supreme spiritual authority to Queen Elizabeth, did deny the perfection of temporal Monarchy in her, and consequently were guilty of treason, or Laesae Maiestatis, which no ancient English-law ever spoke, or meant, but all the contrary.  
16. If in like manner he told his Majesty (as he did) and made him believe that it was true, that no person, of what persuasion soever in religion, did refuse at any time, for the first eleven years of the Queen's reign, to go to the Church, and that, than their motive was, for that they held her not for Queen: If these suggestions (I say) & assertions were then made, and lest imprinted in the royal mind and memory of his majesty, & now are proved to be far otherwise, I am content, as I said, to remit myself to any learned Divine whatsoever, that knoweth what cases of Conscience do mean, to determine what M. Attorneys obligation of restitution is in this behalf.  
17. Neither may he solace himself (as I think he will not) in this point, thinking that these are but venial sins for Purgatory, 
August. in Enchiridio c. 67. 68 & 69. Lib. de fide & operibus c. 14. 15. 16. & Lib. 21. de Civit. De●. c. 21. & in psal. 80. & alibi.  and to be purged in the transitory fire, if he omit these restitutions: for that S. Augustine in many places expressly excepteth and excludeth the same, and saith that sins of this quality (committed against charity) are for hell-fire, and not for the transitory purging fire, if they be not amended and satisfied for in this life: and to that sense interpreteth he the place of S. Paul 1 Cor. 3. If any man build upon the foundation, which is Christ, not gold and silver, but wood, straw, and chaff, his works shall burn, etc. And thus much of this first expostulation.   

THE SECOND EXPOSTULATION In the behalf of all English Catholics in general. §. II.  
18. As the former expostulation was in the name of Recusant-Catholickes especially, for that the charge most concerned them in particular; so now am I to adjoin some few lines more in behoof of all Catholics in general, that profess, or defend the said religion by word, or pen, either at home, or abroad, whom M. Attorney accuseth in his Preface not only of Error, and of her inseparable twin, Ignorance: (to use his phrase) but of intolerable, and miserable malice also, if it were true, as it is not, to wit, 
Supra in Praefat.  that they impugn the known truth against their own consciences, and this either upon discontentment for not attaining their ambitious and unjust desires, or for deserved punishments and disgraces, justly laid upon them by the State for their vices and wickedness. 
False causes devised of Catholics constancy.  To which unjust & uncharitable charge, though I have answered somewhat before in the Preface, and first Chapter of this book; yet do I remember to have made promiss also in that place to say somewhat more in this, for giving satisfaction in that behalf to all charitable & indifferent people, especially in this point, that our standing out against the current of the present time (to use M. Attorneys phrase) is not either of so gr●sse ignorance and lack of instruction, as he would have men to believe by his often repetition thereof (and so I presume will in part appear by this our answer to his Book) or of ambitious desires frustrated, which Catholic English men of all other sorts of people, can best be content, and have best learned by their sufferings in these our days to moderate, & lay aside, so that i● other points their consciences were not racked, galled, and molested: and finally much less of punishments, and disgraces received from the Sat for their vices, and wickedness: in which Kind it may be averred (I ween) by good records, that fewer have been, and are punished for those causes, then of any other sort of men, or religion whatsoever.  
19 Wherefore laying aside all passion, and animosity of partaking and sincerely to join frank issue with M. Attorney in this point; we say and affirm, out of the testimony of a good conscience in the sight of him that seeth all hearts and cogitations, that his accusations and charges are false in this behalf, and that our only stay and stop from not running with him, and others, in this their prosperous Current of the present time, is the bar of conscience only, 
Only conscience stayeth Catholics from following M. Attorneys current.  which if we could remove, or he for us, who would not be glad to take part of so fair and pleasing fortunes, as he and others enjoy by that Current. And we might also, every man in his degree and rank, according to the merit, quality, talon, and industry of each one of us, enjoy our parts thereof, if this obstacle of conscience were not: or if the only fear, and dread of almighty God, and his judgement, did not terrify us from breaking through the same by violence of will, against the testimony of our said consciences and judgement.  
20. The same God also doth know, how great a grief it hath been, and is unto us in respect of the world, that we have not been able to conform ourselves in these external things, concerning the profession of our religion, unto the judgement, taste, and will of our temporal Prince and State, being withholden and terrified from it, by those two known threats of our Saviour, and his Apostle; the one telling us, 
Luc. 12. Rom. 2.  that if we deny, we shall be denied; the other, that our consciences must be the sole witnesses to condemn, or deliver us at the last day, which consciences we finding to repine and resist, are forced to hearken unto them now, to the end they may stand for us and not against us at that day.  
21. And if the judgement of ancient Christian writers, and Fathers, and namely Eusebius in the life of our Constantine the Great, 
Eus●b. l. 1. c. 11. histo. Eccles.  that lived with him, was good in commending so highly his Father Constantius, for that being yet a Pagan, he more esteemed those Christians throughout his government, 
The judgement of Constantius touching such as dissembled in religion.  that professed freely their religion, and refused to do against the same at his commandment, than he did the other that dissembled, & obeyed, and thereupon he rejected the one, and favoured the other, as more sincere people, and more to be trusted by him, that were so trusty, and faithful to their God, and his religion: if this (I say) were a good censure and judgement, I do not see, how this other of M. Attorney can stand upon any ground of reason, or Christian charity, that qualifieth so grievously, or rather calumniateth so egregiously the religious standing of Catholic people, in the moderate defence, and excuse of their said consciences.  
22. But here perhaps he may demand, or some body for him, what great reasons we have for this obstacle of our judgement, for not conforming it to his, and others in this behalf. Whereunto, though sufficiently hath been alleged before in the Answer to his Preface; yet now may some two or three points, or considerations be further added in confirmation thereof, among almost infinite that might be produced. 
Some points of consideration.  And the first may be that which hitherto we have treated in this book with M. Attorney, concerning the continuance of that religion for which we stand, throughout the whole race, and course of our Christian English-Princes, State, and Realm, from the beginning of our first conversion, unto our time. All which Kings and Queens, Counsellors, Nobility, Archbishops, Bishops, Doctors, Universities, Lawyers, and Sages of all sorts, were for so many ages by one, and the self-same religion, profession, and belief, directed and saved, if any were saved: that is to say, by the self-same means, doctrine and Sacraments of our ancient Catholic English Church continuing until K. Henry 8. time which Church professed the very same faith and belief in like manner, as in another special 
* The book of three conversions.  book hath been declared, whereby all other Christian nations had been directed and saved, for those other ages, which went before our English conversion after Christ's ascension.  
23. New then this being so, I would ask any reasonable indifferent Englishman, whether we have just cause to stand in, and for this religion or not, and whether if himself were now ready to die (for that is the time, when men do judge with less passion) and had laid before his eyes the everlasting joys of heaven on the one side, and the eternal pains of hell on the other, to be lost, or gained, by his election; whether (I say) he would adventure rather to go in company and join himself with this large, and venerable body of old English Catholics, among whom there are recorded by histories to have been so many admirable men, both for learning, 
An important deliberation. , wisdom and sanctitye of life; or leaving these to take part, and receive his portion with such later people of the same nation, as have divided themselves from the other. And when M. Attorney in good probability of reason, shall substantially answer me this demand, it may doubtless be a great motive unto me, and others to draw us to the current of this present time; but in the mean space we must stand fast, lest we fall into the torrent of brimstone, if we go against our consciences, by which we must be judged, and every man damned, or saved thereby, as out of the Apostles testimony before hath been declared. 
Rom. 2.   
24. And thus much for standing in our old religion. Now for passing to a new, there is another obstacle also, that greatly withholdeth us, and this is, that when we shall have left this old religion, so begun, so established, so confirmed, so promised by God to endure to the world's end, so generally received, so universalli-continued, as hath been declared, we cannot tell to what other sort, sect, or part of religion to pass with any probable security, or certeynty at all, why we should rather adhere to one sect then to another. For when once we lea●● the said Catholic religion, so grounded, as you have seen, there is no one substantial reason à part rei, 
No substantial reason can be alleged why we should rather be of one religion then of an other.  that can be assigned by any man living, never so learned, why he should more, or rather follow one part, profession, sect, or new opinion then another. As for example, if to a man that upon any offence, disgust, scandal, error, anger, interest, levity, or the like, (for these are the ordinary motives of changes) breaketh from the ancient Catholic Romain religion; there should represent themselves unto him five or six of the principal newest sects, and sorts, that profess different religions in our time (all under the name of the Gospel) as namely of Lutherans, either ridged or soft, of Anabaptists, Trinitarians, new Arrians, Zwinglians, Cal●●nists of both sorts, to wit Puritan and other: (all which have their different positions, professions, articles, faiths, Churches, conventicles, in these our days) and if he should demand of five or six distinct Doctors of these new-ghospellers, what substantial reason, or infallible ground they can allege wherewith to persuade him, that he ought to take their particular parts, or be of their several sects, the one above the other; or why themselves, and each one of them, is rather of the one sect, then of the other, seeing all profess gospel, and scriptures: In this case (I say) they can yield him no other reason but this, that each man assureth himself, that he, and his part do allege, and understand the scriptures better than the rest, which depending only (as you see) upon the private judgement, and persuasion of each one in particular (for other proofs he can bring none, except the stand upon assurance of his particular spirit, which every one of the other sects will do in like manner) it bringeth no assurance at all, being only founded upon each man's opinion, choice, and election, 
The definition of heretics.  which properly is heresy: for that heretics (as ancient Fathers do define) are nothing else but choosers, who leaving the universal rule of faith delivered unto them by tradition of the common Church, do choose unto themselves several paths, and opinions to follow.  
25. Whereas then, no ground at all can be yielded by any reason, wit, or learning of man, why we should be rather of one new profession then another, after we have left the old received throughout Christendom, and that in the old, we stand not ech-man upon his particular judgement to believe this or that, 
No ground or stay in sects or new opinions.  but upon the general testimony, tradition, voice, use, and authority of the universal Christian Church called Catholic, (as 
* August. contra Epistolam Fundom. cap● 4. Cyrill Ca●ech. 1●.  S. Augustine and others say) not only by her friends and followers, but also by her enemies: this being so (I say) we have great cause to look before we leap, as the proverb is, and to consider well where we shall land, or how we shall come to shore, before we leave the ship wherein we are, or do adventure into M. Attorneys new Current, or any other, that hath no stay, but may carry us further with the stream, than we can stay ourselves afterward, when we would. And thus much of this consideration.  
26. A third is (which also shall be the last in this place) that terrifieth us no less, than any of the former two, and this is the name and dreadful voice of heresy, sect, or schism, so common now in these our days, & so ordinary in every man's mouth; as each one of different opinions, esteemeth the other for Heretic, Sectary, or Schismatic; which notwithstanding, if we consider the course, and sacred sense of holy scripture, especially for the new testament, as also the judgement, feeling and meaning of all ancient Fathers, 
How great and grievous the sin of heresy is.  and of the whole primitive Christian Church in their days; we shall find to be the most grievous accusation, most odious, dangerous, and damnable imputation to be accounted an heretic or sectary, that can possibly be imagined or laid upon any Christian in this life; yea that all other crimes laid together, which by man's malice, or diabolical induction can be committed, are not equal to this only crime of heresy: for so do all learned Catholic Divines hold and determine in their general positions of this matter, as may be seen in one for all, in the Sum of S. Thomas, 
●. Thom. ●2. q. 10. ●●. 6.  where setting down first that infidelity against God (which is the highest crime of all other) hath three kinds, or members under it, Paganism, judaism, and Heresy, the said Doctor making the question, which of these three is the greatest sin, determineth upon very substantial grounds and reasons, that albeit in some respects, to wit, in regard of the greater multitude of Christian articles which Pagans' and jews do deny more them heretics do: yet in malice, which maketh the principal point of sin, and draweth on more grievous damnation, heresy is a greater infidelity, then is, either Paganism, or judaism, and consequently more damnable; which I leave here to prove, and confirm out of the conformity of holy scriptures, 
Tit. 4.  as that of S. Paul to Titus: that an heretical man is subverted & damned by his own judgement, and other such places. It is sufficient for settling our dread and fear in this behalf, that the whole consent of Schooledoctors, upon this alleged article of S. Thomas., do agree, that it is more dangerous and damnable to fall into heresy, then to be a jew, or Pagan.  
27. With which severity of Censure, do concur also fully the ancient Fathers of the Primitive Christian Church, whose sentences were o●erlonge to cite in this place, but you may see a short view thereof gathered together upon another occasion, in a certain 
In the beginning of both the Examen of Fox his Calendar.  book lately set forth, where the consenting words of the most principal said ancient Doctors are laid together, affirming that who soever by schism or heresy is cut of from the faith & commmunion of the general known Catholic Church, is most certainly to be damned, and cannot be saved, though he should otherwise live never so well, pray never so much, give never so great alms, have never so god intention other wise; yea though he should offer his life, shed his blood & suffer never so many torments for Christ, his name, love, and religion.  
28. This then being so and adjoining yet further to this consideration, another general position of our said learned Divines which is, as the foresaid renowned Doctor S. Thomas setteth it down, that whosoever in any one lest article of Catholic religion, doth run into heresy, or beleiueth not the said article, as he should do, 
D. Thom. 22. quast. 5. art. 3.  but obstinately rather impugneth the same, he loseth his whole faith not, only in that point which he discrediteth, but in all other points also, which he believed before, and persuadeth himself to believe still: this (I say) being so, which the said learned Schole-Doctor proveth by evident arguments, & demonstrative grounds to be true, M. Attorney may imagine, what stay and repugnance we may have out of the fear of our consciences in this behalf, easily to make new choice, or changes of religion in these days. For as if a learned, & experienced Physician should come, & show out of ancient reading, that there were a Kind of most deadly, & dreadful sort of plague, or Epidemia to be feared, and fled above all the rest when it cometh, for that no hope of life, or escape can be given from it; 
A similitude to be weighed and considered.  & that withal he should affirm, that now the said plague, begun to be common in such and such places, yea so common, as many men did contemn it and make it but a jest, though all perished with it that fell into it; as in this case (I say) wisemen would look about them, hearing that so pestilent & perilous infection were on foot in their days: so much more in this other infection of the soul, leading most certainly to everlasting death & damnation (as all the most learned spiritual Physicians of Christ's holy Church have ever taught us) have we reason to be careful, timorous & vigilant what we do, & what change we make, whither we go, & from whence we depart, the saying of S: Athanasius being so dreadful, in his Creed, 
Athanas. in Symbols.  that whosoever doth not believe, and hold the Catholic faith wholly and entirely, absque dubio in aeternum peribit, shall without all doubt perish everlastingly.  
29. And S. Augustine after him, having set down unto his friend Quod-vult-Deus a catalogue of the most chief and known heresies, 
August. lib. ●●●●●esi u● 〈◊〉 Quod. 〈◊〉 Deum  and erroneous opinions, noted against heretics from the Apostles time to his days (whereof divers are expressly raised again by new gospelers in these our times, as there you may see, in that he writeth of Aerius, Aetius, jovinian, Vigilantius, and others) he cometh lastly to affirm and conclude in the end of that book, 
● severe ●●ntence 〈◊〉 Augustine a●●●lt the 〈◊〉 heresies that ●ay be.  that as it is damnable to hold any one of those heresies there by him set down; so was it not sufficient to salvation to be free only from those, for that there might be other opinions discrepant also from the Catholic belief, lurking in corners which he had not heard of: and moreover there might other new spring up from time to time: Q●●rum aliquam (saith he) quisquis tenuerit, Christianus Catholicus esse non potest: Of which; whosoever shall hold any one (and let us mark any one) he cannot be a Christian Catholic, and consequently cannot be saved in S. Augustine's judgement.  
30. And for so much as now in all this controversy between M. Attorney and us, we have showed his opinions and assertions to be so different from those of all our English Christian Commonwealth, from the beginning unto our times, which we on the other side have showed to be truly Catholic, and common to the whole Christian world beside; all men of indifferency will consider, what reason we have in making such stay as we do, from passing lightly to his Current, & how little reason he hath, or had to charge us so deeply and injuriously, that our stay was upon so evil and odious causes, as before he charged us. And thus much of this second expostulation.   

THE THIRD EXPOSTULATION, In the name of all moderate and peace-loving subjects whatsoever. §. III.  
31. My third complaint or expostulation with M. Attorney is yet more general, as concerning not only all sorts of Catholics whatsoever, but other men in like manner of any profession in Christian religion that are wise, moderate, peaceable, and desirous of the tranquillity of the Prince and State where they live, who out of their prudence, easily do foresee, cannot but incur danger of perturbation by immoderate exasperation of minds, 
The perils that arise by the insolency of some private men.  when particular men (otherwise not loved but rather hated, or envy for their extraordinary fortunes, riches, and advauncements) do pass to such insolency of speech and bevauiour, as they seek to draw whole multitudes into disgrace and danger, by unjust oppresion. We know, and may remember out of our histories, what general exulceration of hearts have risen in former years against Hubert's de Burgo, Gavestons', Spencers, Mortimers, Veares, Scroops', Catesbies', Ratcliffes, Lovels, Empsons', Dudleys', and other upon like occasions, for that they were thought, or suspected to incite the Prince under whom they lived, to the undeserved hurts and ruins of many others.  
32. And surely what M. Attorney hath performed, or attempted in this behalf, partly by his injurious speeches at the bars where he pleadeth, partly by this his Book, and other means, against so great a multitude of his majesties Subjects, as the Catholic party and their well-willers are, both at home and abroad; is not heard to consider: for so much, as he maketh their very belief, or act of understanding, 
Men brought into despair forget all reason and duty.  which lieth not in their hands to alter at their pleasure, to be disloyalty and treason (as before hath been showed) and consequently that against their wills they must be traitors. Whereof ensueth again another consequence worse than this, which is, that when men see themselves urged, egged, and pressed in matters that lie not in their own hands to remedy, & this also as they persuade themselves, not so much by the inclination of the Prince, as by the importunity & insolency of others, that being wanton with wealth, delight themselves in other men's vexations; this persuasion (I say) when once it entereth into the head of multitudes in any commonwealth, driveth men to extreme impatience, and utter despair of redress; the only remedy whereof, is none other, but to prevent the occasion itself.  
33. And (truly) it may be probably hereupon inferred (and so it is also thought of divers at home and abroad) that this Book of Reports of M. Attorneys coming forth at the time when it did, and beating to the end, which before we have seen, presented also particularly to his Majesty, 
The exulceration 〈◊〉 M. Attorneys book.  as hath been said, & much praised by the same, accompanied also at that time with no small multitude of other afflictions laid upon the Catholic people, throughout all parts of our Realm, and many more threatened, and expected daily by them: this (I say) together with the circumstance of the authorsperson, eyed greatly for his extraordinary wealth and overflowing fortunes, might be some cause of furthering of this late most dangerous and lamentable attempt in our own Country, so greatly noised, and talked of at his day, throughout the Christian world.  
34. Wherefore the sum of this my expostulation with M. Attorney is, that he being otherwise a wise, and learned man (as in his profession I take him to be, by his preferments) and not insolent, or cruel by nature (as willingly I incline to believe) would at such a time, as he saw so great a multitude of Catholic people grievously afflicted for their religion, come forth with so odious and new drift against them, 
A pro●●ise not ●●●forma●le.  as this is, adding affliction to the afflicted, and endeavouring to prove against them that which he neither hath done, nor ever will be able; to wit, that the very profession of their religion implieth disloyalty to their temporal King and Prince. Which thing, albeit some other lighter companions, levioris armaturae milites, ministers (to wit) of divers sorts, have not sticked injuriously to cast out: yet for a man of M. Attorneys place and rank, to affirm it so seriously, and to promise also Demonstrative proofs thereof, by the ancient Common-laws of our Realm, was a matter of far more impression, and must needs work more dangerous, and grievous exulceration of minds, which is the ordinary effect of such insolency and importunities.  
35. Well (gentle Reader) I will entertain thee no longer with these expostulations to M. Attorney, and others, that by his authority and example, have, or may urge the like odious argument: Whereof some already have begun to tread his steps, not only by suggesting and urging that which so hurtefullie was suggested to K. Roboam, against the bearing somewhat with his afflicted people, 
3. Regu●. 12.  but also by urging, & exulcerating other odious points, that drive to desperation, as before hath been said: and consequently I must needs conclude with the saying of the Prophet, against such makers of division: Vae ij● qui dispergunt: 
Isa. 13. The danger and damage of disperson  woe be to them that do disperse and divide, to wit, the sheep from their shepherd, the children from their father, the people from their Prince, the subjects from their King, and one sort of subjects from the other; whereas all were to be held together, tolerated, suffered, united, entertained, cherished, and comforted as much as may be, for that in the multitude, love, union and affection of the subjects, standeth the riches, wealth, strength comfort, honour, and security of the Prince, as all men will confess.  
36. And with this will I end all this whole discourse and Answer of mine to M. Attorney, 
The final Conclusion of the whole.  beseeching almighty God, that it may work that effect with him, and others, for their true light and understanding in the controversy we have in hand, which is necessary for their, and our eternal good: for I am contented to leave for my last words of this book those, wherewith M. Attorney thought best to end also his, which are: That miserable is his case, and worthy of pity, that hath been persuaded before he was instructed, and now will refuse to be instructed because 〈◊〉 will not be persuaded.  
FINIS.    

Faults escaped in the Printing.  
Pag. 12. lin. 38. for axagg●ration Read exaggeration. Pag. 17. lin. ult. for circumfetence read circumference. Pag. 20. l●n. 3. for know read known. Pag. 26. lin. 14. Medi●ation read Mediation. Pag. 36. lin. 9 in some copies Pater nu●c read Pater tuus. Pag. 40. lin. 2. for sun read sum. Ibid. lin. 3. for is read as. Pag. 47. lin. 24. Ruland shire read Rutland-shire. Pag. 52. lin. 7. for is read it. Pag. 54. lin. 5. Canoinst read Canonist. Pag. 65. lin. 13. for Orae read Oro. Pag. 66. lin. 17. for some read son. Pag. 73. lin. 13. purpose all add at all. Pag. 74. lin. 38. we are profess add to profess. Pag. 75. lin. 23. for excude read exclude. Pag. 82. lin. 34. for the in Church read in the Church. Pag. 85. lin. 6. for be being read he being. Pag. 86. lin. 39 for preath read preach. Pag. 99 lin. 22. for the Rome read to Rome. Pag. 100 lin. 36. for hea-magistrate read heathen magistrate. Pag. 102. lin. 4. that the written read that he wrote. Pag. 109. lin. 24. for precedessors read predecessors. Pag. 117. lin. 12. for religions read Religious. Pag. 118. lin. 14. for men desires read men's desires. Pag. 122. lin. 33. for quetting read quietting. Pag. 129. lin. 11. for endewing read endowing. Pag. 152. lin. 12. for Tyrus read Cyrus. Pag. 168. lin. 31. own his words read his own words, Pag. 177. lin. 25. for bad read had. Pag. 191. lin. ult. in some copies, for hap read have. Pag. 208. lin. 39 for s●ruiued read survived. Pag. 209. lin. 10. for her read his. Pag. 225. lin. 20. for the read she. Pag. 229. lin. 26. for against read against. Pag. 254. lin. 36. hath said add hath been said. Pag. 270. lin. 26. for my read any. Pag. 275. lin. 10. for peculiar read peculiar. Ibid. lin. 22. for thera●ut read thereabout. Pag. 278. lin. 35. for begins read begun.  

In the Margentes.  
Pag. 17. for controsies read controversies. Pag. 85. for lawoy read laws. Pag. 146. for had read bad. Pag. 383. for Castus read Calixtus. Pag. 180. for 25. read 35. Pag. 132. for having read reigning.  
It may please thee (gentle Reader) of thy courtesy to pardon these, and other like faults (if any shallbe found) and consider with thyself the difficulties we have in using the help of strangers herein.    

A TABLE OF THE PARTICULAR MATTERS CONTAINED IN THIS BOOK.  

A.  Abbeys & monasteries founded in England by Religious Catholic Princes. 
Cap. 6. à num. 37. usque ad num. 49.  Abbey of Euesham privileged from Rome. 
cap. 6. num. 42.  Abbey of S. Alban founded by K. Offa. 
cap. 6. num. 43.  The privileges and exemptions of the same. 
ibid.  Abbey of Glastensbury privileged by Pope john the thirteenth. 
cap. 6. num. 45.  Abbey of Westminster privileged at the petition of K. Edward the Confessor. 
cap 6. num. 47. & 48.  Abbot of Waltham punished, & why? 
cap. 12 num 29. & 32.  absurdities of Statute-decrees in Parliament about spiritual power given to secular Princes. 
cap. 3. n. 6.7.18.19.20. 21. 22. 23. & 24.  Absurdity of a woman's Supremacy in spiritual matters. 
cap. 4. num. 27.  Absolution of K. Henry the second by the Pope's Legates. 
cap. 9 nu 12 & 13.  S. Adelmus Bishop of Sherborne his voyage to Rome. 
cap. 6. num. 40.  His book of Virginity. 
ibid. n. 42.  Adelnulph King of England his confirmation of peterpence to Rome 
cap 6. num. 71.  Agreement between the Pope and K. of England about Provisions of Ecclesiastical dignities in England, 
cap. 12. num. 12. & 39  S. Ambrose his judgement of spiritual power. 
cap. 2. n 25. & 26.  His combattes and conflicts with the Emperor and Empress about Church-affayres. 
ibid. n. 27.28. & 29.  Ancient-fathers' directions how to find out truth. 
cap. 1 n. 17. & 18.  Their freedom of speech to Emperors. 
cap. 4. n. 4. 5. & 6.  S. Anselm Archbishop of Canterbury his commendations. 
cap. 8. num. 2.  His pall brought from Rome by the Pope's Legat. 
ibid. num. 4.  His plain dealing with K. William Rufus. 
ibid. num. 5.  His reconciliation with K Henry the first. 
ibid. num. 11.  Appellations to Rome about Controversies that fell out in England. 
cap. 6. n. 49. 50. & deinceps.  Appeal of K. Henry the second to the Pope, about the controversy of the death of S. Thomas of Canterbury. 
cap. 9 n. 11.  Appeals from K. Richard the first, to the Pope. 
cap. 9 num. 23.  Appeal 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 deprived of spiritual jurisdiction by Q. Elizabeth. 
cap. 11. num. 30.  Archbishop of York put to death by commandment of King Henry the fourth. 
cap. 15. num 23.  Arguments of K. Henry the 8. against Luther for the Pope's Supremacy. 
cap. 15. num. 5. 6.7. & deinceps.  Assertions of Protestants, and the foundation thereof. 
Prefac. num. 7.  S. Athanasius his severe reprehension of the Emperor Constantius. 
cap. 4. num. 8.  M. Attorney his imagined ignorance. 
cap. 1. num. 12.  His condemnation of controversy-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 shifts returned upon himself. 
cap. 4. num. 9 & 12.  His new devise to make Ecclesiastical laws the kings laws. 
ibid. num. 13. & 14.  M. Attorney challenged. 
cap. 6. n. 28.  Injuries offered by him to many in this his book 
cap. 16. per totum  His false charge of Catholics. 
ibid. num. 2.  His injurious and slanderous calumniations. 
ibid. num 10.  His manifest & notorious untruths. 
ibid. num. 11.  His Idea Plaetonica of ancient comon-lawes. 
ibid. num. 13.  His false information of his Majesty that now is. 
ibid. num 15. & 16.  His promise not performeable. 
ibid. num. 34.  S. Augustine's severe sentence against heretics and heresies. 
cap. 16. n. 29.  S. Augustine of Canterbury his successors by appointment from Rome. 
cap. 6. num. 20.  Authority spiritual & temporal, & the difference thereof. 
cap. 2. n. 4. & 5.  Authority Episcopal greater than Imperial. 
cap. 2. num. 25.  Authority spiritual given unto Q Elizabeth by Parliament. 
cap. 3. num. 3.  The absurdities and inconveniences thereof ensuing. 
ibid. num. 4. & 5.  Authority of Bishop's Courts, from whence it is derived. 
cap. 13. num 17.  Authority of English Prelates, when England was Catholic. 
cap. 14. n. 17.   

B.  Bastardy a let or hindrance to Priesthood. 
cap. 14. num. 19  S. Benedict of Northumberland his voyage to Rome for privileges of his monastery. 
cap. 6. num. 39  Benefices collated by laymen. 
cap. 7. num. 26. & 29.  S. Bertulph his monastery privileged from Rome 
cap. 6. num. 39  Bigamy. 
cap. 11. num. 30. & 31.  A statute thereof by K. Edward the first ibidem. Doubts thereabout raised in England. 
ibid. num. 31. & 32.  Bishops made in England by the Pope's authority. 
cap. 6. num. 21. & 22.  Bishop's lands seized into the kings hands, and why? 
cap. 11. num. 28.  Bishops how they might be punished for not admitting the kings just presentation. 
cap. 11. num. 29.  Bishop of Hereford taken from the bar of secular Court, by Ecclesiastical authority. 
cap. 11. num. 46.  Bishops and Prelates of England sent to the Council of Constance in Germany. 
cap. 13. num. 6.  Bishops how they may be called the kings spiritual judges. 
cap. 13. n. 8.  Bishop's Courts from whence they have their authority. 
cap. 13. num. 17.  Bishops how far they may be commanded by the King. 
cap. 13. num 18.  Birthright of laws. 
c. ●. n. 18.22. & 23.  Birthright of Englishmen is Catholic Religion. 
cap. 1. num. 26.  Bodies to the King, and souls to the Priest. 
cap. 4. num. 5.  Book of K. Henry the 8. against Luther in defence of the seven Sacraments. 
cap. 15. num. 3.4. & 5.  Breach of King john with the Sea Apostolic, and occasion thereof. 
cap. 9 num. 57  Breach of K. Henry the 8. with Pope Clement the 7. and how the same began. 
cap. 15. num. 4.5.6. & 7.  Bulls from Rome not admitted in England, except they came certified from some Prelate at home, and why? 
cap. 12. num. 28. & cap. 13. num. 27.   

C.  Calixtus the Pope his meeting with Henry the first in Normandy, 
cap. 8. n. 14.  Campian, & his fellow-martyrs protestations at their death, 
cap. 16. num. 12.  Canon-lawes, how they were received in England. 
cap. 14. num. 17.  Canutus K. of England his confirmation of peterpence to Rome. 
cap. 6. n. 72.  Catholic Religion the birthright of Englishmen 
cap. 1. num. 26.  Catholics falsely charged by M. Attorney. 
cap. 16. num. 2.3 & deinceps.  Catholicke-Recusants from the beginning of Q. Elizabeth's reign. 
cap. 16. num. 7.  Catholics falsely accused of inconstancy. 
cap. 16. num. 18.  Caudrey the Clerk his case. 
cap. 3. per totum.  Causes of K. Henry the 8. his falling out and breach with the Sea Apostolic. 
cap 15. num. 1.2. & 3.  Ceadwalla K. of the Westsaxons his pilgrimage to Rome. 
cap. 6. num. 83. His baptism there and death. ibid.  Celestine Pope his letters to the Realm of England. in absence of K. Richard the first, 
cap. 9 num. 33.  Charters for Church-priviledges before the Conquest and after, 
cap. 5. num. 2. 3. & 4. & deinceps. & cap. 8. num. 23.  The beginning of the Great-charter under K. Henry the third, 
cap. 10. num. 6.  Church-libertyes confirmed by K. Richard the second. 
cap. 12. num. 43.  S. Chrysostom's judgement of spiritual power, 
cap. 2. num. 21.22.23. & 24.  Civil wars in England under King Henry the third. 
cap. 10. num. 12.  Clergymen subject to the Civil Magistrate in temporal affairs, 
cap. 2. num. 33. & 34.  But not in spiritual. 
ibid. num. 35.  clergymen's persons exempted from secular power. 
cap. 2. num. 26. & 37.  clerks ever exempted from temporal judges. 
cap. 15. num. 20.  Collations of benefices by laymen, 
cap. 7. num. 26. & 29.  Comparison between Catholic sand sectaries, 
cap. 1. num. 13. & 14.  Commodities or discommodities of municipal laws, 
cap. 1. num. 20.  Comon-lawes birthright, 
cap. 1. num. 22. & 23.  Complaints against strangers beneficed in England, 
cap. 10. num. 21.22. 23. & deinceps.  remedies sought to the Pope therefore. 
ibid. num. 23.  Controversy-wryters condemned by M. Attorney, and why? 
cap. 1. num. 26.27. 28. & 29.  Controversywriters against their conscience, 
cap. 1. nu. 32. and who they be. ibid. num. 35.  Constantius the Emperor reprehended by Bishops. 
cap. 4. num. 6.7. & 8.  Confirmation of Church liberties in England by divers Kings before and after the Conquest. 
cap. 5. num. 7. & deinceps. & Cap. 8. n. 23.  Conquest of Wales by K. Edward the first, 
cap. 11. num. 9  Conversion of divers Kingdoms in England one after the other. 
cap. 6. num. 15.  Condemnation of Protestants doctrine by K. Henry the eight, 
cap. 15. n. 15. & 16.  Conscience the cause that Catholics follow not M. Attorneys current, 
cap. 16. num. 19 & 20.  Constantius the Emperor his judgement touching such as dissembled in Religion. 
cap. 16. num. 20.  Council of Constance in Germany. 
cap. 13. num. 6.  English Prelates sent thither, 
ibid.  Courts spiritual and temporal, and their difference. 
ca 4. nu. 11. & deinceps.  Courts spiritual superior to temporal. 
ca 10. num. 30.  Cranmer the first heretical Archbishop of Canterbury. 
ca 15. nu. 32.  Burnt at Oxford for his heresies. 
ibid.  Crosses erected by K. Edward the first. 
ca 11. num. 6.  Crown of England not subject to any in temporalityes. 
ca 12. nu. 48.   

D.  Decrees and Ordinances of Pope Formosus for the Church of England. 
ca 6. num. 59  Decree against Bigamy. 
ca 11. nu. 31.  Decree of Pope Gregory the ninth about proceeding against heretics, 
ca 13. num 14.  Decrees of K. Henry the eight his breach with the Sea Apostolic, 
ca 15. num. 11. & 12.  Despair causeth forgetfulness of all reason and duty: and why? 
ca 16. n. ●2.  Demonstrations before the Conquest against secular Princes Ecclesiastical jurisdiction in England, 
cap. 6. per totum  Deposition of Stigand Archbishop of Canterbury, 
ca 7. num. 9  Difference of Courts, and what it proveth, 
ca 4. num. 11.  Difference of laws, and lawmakers before the Conquest. 
ca 6. num. ●.  Difference of Courts show difference of origen and authority. 
ca 11. nu. 50.  Directions of ancient Fathers how to find out Truth. 
ca 1. nu. 17. & 18.  Dispensations of most importance procured always from Rome, 
cap. 6. num. ●4. & 35.  Dissension between Protestants and Puritans, and why? 
Prefac. n. 18. & 19  Dissimulation in Religiou how dangerous, 
cap. 16. num. 20.  Doubts raised in England concerning bygamy, 
cap. 11. num. 32.   

E.  Ecclesiastical laws, made to be the kings laws by M. Attorney. 
cap. 4. nu. 13. & 14.  Ecclesiastical weighty matters always referred to Rome by our English Kings, 
cap. 6. num. 19  Edgar K. of England his speech for the reformation of the Clergy, 
cap. 6. num. 87. & 88  His piety and devotion towards the Sea of Rome, 
ibid.  S. Edmund Archbishop of Canterbury threateneth K. Henry the third if he obeyed not, 
cap. 10. num. 37.  K Edward the Confessor his confirmation of peterpence to Rome, 
cap. 6. num. 73.  K. Edward the first surnamed Longshank, 
cap. 11. num. 3.  His devotion, 
ibid. num 4.  His works of piety, 
ibid.  His Conquest of Wales, 
ibid. num. 9  His mutability in keeping Church-priviledges. 
ibid. num. 11.  His violent proceeding against the Clergy, 
ibid. num 12. & 13.  His ever obedience to the Sea of Rome in mere spiritual things, 
ibid. num. 14. & 17.  His devotion towards the first Pope in Avignon in France, 
ibid. num. 16.  His accusation of the Archbishop of Canterbury to the Pope, 
ibid. num. 16.  His laws in prejudice of the Clergy, 
ibid. num. 21.  K. Edward the second his evil success of marriage in France, 
cap. 11. n. 41.  K. Edward the third his restraints against the Clergy of England, 
cap. 12. num. 1. & 2.  His punishment for the violence used towards the Church, 
cap. 12. nu. 2.3.39. & 40.  Motives that induced him thereto, 
ibid. num. 3.  His great embassage to the Pope, 
ib. num. 7.  His protestation for obedience to the Sea of Rome for himself and his, 
cap. 12. num. 8.  His disordinate life, 
ibid. num. 41.  K. Edward the fourth his reign over England, 
cap. 14. num. 1.2.3. & deinceps.  K. Edward the sixth his reign, 
cap. 15. num. 26.  His Supremacy of the Church of England declared by the Protector his uncle, 
ibid.  S. Egwyn Bishop of Worcester his monastery of Euesham, 
cap. 6. num. 42.  His voyage to Rome, 
ibid. & nu. 79.  Elections of Bishops 4. kinds. 
cap. 7. num. 32.  Eminency of spiritual power above temporal, 
cap. 2. num. 19  England made tributary to Rome, 
cap 6. num. 67. & cap. 9 num. 62.63. & 64.  Entrance into England denied to the Pope's Legates, and why? 
cap. 14. n. 13. & 15.  Error what it is, and how it extendeth itself, 
cap. 1. per totum.  Error how it differeth from Ignorance, 
cap. 1. num. 8. & 9  Euesham-Abbey in Worcester-shire builded by S. Egwyn, 
cap. 6. num. 42.  The same privileged from Rome, 
ibidem.  Eustachius K. Stephen's son, his violence used against Clergymen of York, 
cap. 8. num. 35.  Excommunications practised by the Apostles, 
cap. 2. num. 15.  Exemption of Clergymen from secular power ex iure divino, 
cap. 2. num. 37.  Item by Imperial laws, 
ibid. n. 38  By particular Kings and Princes, 
ib. num. 39  Exemptions granted by divers Popes to pious works in England before the Conquest. 
cap. 5. num. 10.  Expostulations with M. Attorney, about injuries offered to many, in his book of Reports, 
cap. 16. per totum.  Exulteration of M. Attorneys book of Reports, 
cap. 16. num. 33.   

F.  Father Campian, and his fellow-martyrs injured by M. Attorney, 
cap. 16. n. 11.  Their protestations at their death, 
ib. num. 12.  Founders of pious works had authority ordinarily to give Charters for privileges and exemptions thereof, 
cap. 8. num. 23.  Foundation of Abbeys and monasteries in England before the Conquest, 
cap. 6. à num. 37. usque ad 49.  Franquises and privileges of Churches and monasteries procured from the Pope, 
cap. 6. num. 37.38.39. & deinceps.  Freedom of speech in the ancient Fathers to Emperors, 
cap. 4. num.. 4. 5. & 6.   

G.  Geffrey K. Richard the first his brother made Archbishop of York, 
cap. 9 num. 35.  His deposition from his bishopric, 
ibid. num. 45.  Again restored, 
ibid. num. 46.  Glastenbury-Abbey privileged from Rome at the petition of K. Edgar, 
cap. 6. num. 45.  God the author of all lawful power, 
cap. 1. num. 1. & 2.  God's miraculous actions in the old testament ascribed to Christ, 
cap. 4. num. 30.  Government of women in spiritualityes, and absurdity thereof, 
cap. 4. n. 19 20.21. & 22.  Great-Charter for Church-priviledges began by K. Henry the third, 
cap. 10. num. 6.  S. Gregoryes commission to S. Augustine of Canterbury, 
cap. 6. nu. 12. & 13.  S. Gregory nazianzen's discourse about the nature of spiritual and temporal jurisdiction, 
cap. 2. num 4.  Grounds of spiritual authority. 
Prefac. num. 6.  Grounds of Protestants assertions, 
Prefac. num. 7.  Of Puritans 
ibid. num. 8.  Of Catholics, 
ibid. num. 9  Grounds in sects & new-opinions, what they are, or can be? 
cap. 16. n. 25.  Gualther Archbishop of Roan Governor of England, 
cap. 9 n.; 4. & 42.  His disgust and appeal against King Richard the first. 
ibid. num. 47.  Guide to salvation, 
Pref. num. 5.   

H.  Head-ship of spiritual matters not possibly in a woman, 
cap. 4. num. 26.  The absurdities that would follow thereof. 
ibid. num. 27.  K. Henry the first his reign over England, 
cap. 8. num 8.  His good beginning. 
ibid. num. 9  His resignation of investitures, 
ibid. num. 14.  His conference with Pope Calixtus in Normandy. 
ibid. num. 14.  His acknowledgement of the Pope's supremacy. 
ibid. num. 21.  K. Henry the second his reign out England. 
cap. 9 à num. 1. usque ad n. 22.  His temporal greatness. 
ibid. num. 2.  His lamentable end. 
ibid. num. 6.  Laws attempted by him against the Church. 
ibid. num 7.  Made legate of the Pope in England 
ibid. num 9  His humility to the Sea Apostolic, 
cap. 9 num. 10.  His appeal to the Pope, about S. Thomas of Canterbur● death. 
ibid. num. 11.  His purgation and absolution by the Pope's Legat. 
ibid. n. 12. & 13.  His letter to the Pope in great affliction. 
ibid. n. 14. ●●  The straits whereunto he was driven 
ibid. numb 19  His penance at the body of S. Thomas of Canterbury. 
cap. 9 num. 19  K. Henry the third his temporal homage done to the Sea Apostolic. 
cap. 10. num. 3.  His beginning of the Great Charter for Church privileges. 
ibid. num. 6.  His conference with K. Lewes of France. 
ibid. num. 9  His obedience and subjection to the Popes, 
cap. 10 n 19  His letter to Pope Innocentius. 
ibid. num 21.  His statutes in favour of the Clergy. 
ibid. num. 27.  His obedience to the Bishop of London in spiritual matters. 
ibid. num. 34 & 35,  Also to the Dean of Paul's, 
ibid. num. 38.  K. Henry the 4. his reign. 
cap. 13. n. 1. 2. 3. & deinceps.  His condemnation and execution of the Archbishop of York. 
c. 15. n. 23.  K. Henry the seventh his reign over England. 
cap. 14 n. 15. 16. & deinceps.  His statute for reformation of the Clergy. 
ibid.  His devotion and obedience to the Sea of Rome until his death. 
ibid. n. 21.  K. Henry the 8. his good beginning. 
cap. 15. n. 1. & 2.  His book against Luther. 
ibid. num. 3.4 & 5.  His arguments therein for the Pope's supremacy. 
ibid. num. 5. 6. & dein.  His invective against Luther's inconstancy. 
ibid. num. 7.  His good offices to the Pope continued for many years. 
ibid. n. 9  The beginning of his breach with the Pope. 
ibid. n. 10. & 11.  His taking upon him the Supremacy. 
ibid. num. 13.14. & 15.  His condemnation of Protestants religion. 
ibid. n. 15.  Heretics their pretence of singularity of knowledge. 
cap. 1. n. 5. 6. & 7.  Heresy, how great and grievous a sin. 
cap. 16. n. 26.  Hubert Earl of Kent Chief justicer of England. 
cap. 10. num. 34.  His disgrace with the King. 
ibid.  His taking of Sanctuary. 
ibid.  Hunting & hawking disliked in English bishops and Prelates. 
c. 9 n. 45.   

I.  Ignorance what it is. 
cap. 1. num. 10.  Ignorance how it differeth from error. 
ibid. n. 10. & 11.  Ignorance negative and privitive. 
ibid. num. 10. & 11.  Ignorance voluntary and involuntary. 
ibid. num. 11. & 12.  Inas King of the Westsaxons his letters in favour of the Pope. 
cap. 6. n. 69.  His Pilgrimage to Rome for devotion. 
cap. 6. n. 82.  Inconveniences by strangers promoted to Ecclesiastical dignities in England. 
cap. 11. num. 36.  remedies thereof sought from the Pope. 
ibid. n. 38.  Injuries offered to divers sorts of men by M. Attorney his book. 
cap. 16. per totum.  Insolency of some private men, and perils that often arise thereby. 
cap. 16. num. 31.  Invasion of Abbey-landes or goods, forbidden under pain of damnation. 
cap. 5. num. 11. & 12.  invective of K. Henry the 8. against Luther's inconstancy. 
cap. 15. num. 7.  investitures to Benefices desired by Princes, denied by Popes. 
cap. 7. n. 34.  The beginning thereof by secular Princes. 
cap. 8. num. 16.  investitures resigned by K. Henry the first. 
cap. 8. num. 14.  investitures granted only by permission of the Sea Apostolic. 
cap. 8. num. 17.  K. john of England his variable state in government. 
cap. 9 n. 48. & deinceps.  His obedience to the Sea of Rome. 
ibid. num. 50. & 51.  His piety in the beginning of his reign. 
ibid. num. 53.  His humility & liberality. 
ibid. n. 54.  His breach with the Church of Rome and occasion thereof. 
cap. 9 n. ●7.  His indignation against Clergy men. 
ibid. num. 58,59. & 60.  His offer of subjection to the Moors. 
ibid. num 62.  His reconciliation with the Sea of Rome. 
ibid. num 62. & 63.  His death. 
ibidem. n. 66.  jurisdiction spiritual and temporal and the dependence or independence the one of the other. 
cap. 2. n. 6. & 7.  jurisdiction-spirituall, internal and external. 
cap. 2. n. 16.  Ins, how far the word extendeth. 
cap. 1. num. 3.   

K.  Key of knowledge 
cap. 6. num. 32.  kings capable of Ecclesiastical jurisdiction by commission. 
cap. 12. n. 29.  King how he is Persona mixta. 
c. 14. num. 1●.  King Edward the Confessor his Charters and privileges for Church-libertyes. 
cap. 5. n. 15. & deinceps.  Item his subjection to the Pope. 
ibid. num. 16. 17. & 18.  King Edward the first excommunicated by Pope Formosus. 
cap. 6. n. 57  King Edwin of Northumberland demanded Bishops from Rome. 
c. 6. nu. 22.  Privileges granted unto him by Pope Honorius. 
ibidem.  King Edgar his reformation of the Clergy of England by authority from Rome. 
cap. 6. num. 27.  King Ceadwalla of the Westsaxons his going to Rome and death there. 
cap. 6. num. 40.  King Ethelbert of kent his Charter for Church privileges. 
cap. 5. num. 11.  His dependence of the Sea of Rome. 
cap. 6. num. 20.  King Inas his laws in favour of the Pope. 
cap 6. num. 69.  His peterpence paid to Rome. 
ibid. num. 68  King Kenulphus his Charter for Church privileges. 
cap. 5 num. 3. & 4.  His letter and humble petition to Pope Leo. 
cap. 6. num. 30. & 32.  King Offa of Mercia his attempt against jurisdiction of the Sea of Canterbury. 
cap. 6. num. 29.  King Offa the younger of Mercia his Confirmation of peterpence to Rome. 
cap. 6. n. 70.  King Osway of Northumberland his embassage to Pope Vitalianus for an Archbishop into England. 
cap. 6. n. 24.  King of Spain his Ecclesiastical jurisdiction in Sicily. 
cap. 15. num. 20.  Knights of the Temple suppressed in England. 
cap. 11. nu. 43.   

L.  Lanfranke chosen Archbishop of Canterbury 
cap. 7. n. 4.  His letter to Pope Alexander the second 
ibidem.  laws Ecclesiastical not made, but received by secular Princes. 
cap. 1. n. 4.  Lawes-birthright. 
cap. 1. num. 18. & 19  laws municipal, and their antiquity. 
cap. 1. n. 19  Their commodities & discommodities. 
ibid. num. 20.  Lawes-canon, and how they were first received in England. 
cap. 4. n. 17.  Law-civill and what it is? 
c. 4. n. 24.  Law of Nature. 
cap. 4. num 25.  La evangelical. 
cap. 4. num. 29.  laws municipal of England. 
cap. 4. num. 39  Laws made before the Conquest by secular princes concerning Ecclesiastical jurisdiction. 
cap. 6. n. 3. 4.5.6.7. & deinceps.  laws Ecclesiastical not made by Princes but by Prelates in England. 
c. 6. n. 9  Laws attempted by K. Henry the second against the Church of England. 
cap. 9 n. 7.  Laws of K. Edward the first in prejudice of the Clergy of England. 
cap. 11. num. 21.  Law of Praemunire, and beginning thereof. 
cap. 12. n. 11. & 12  Laws Ecclesiastical subject to every man's particular calunniation. 
c. 15. n. 19  Legates of the Pope forbidden entrance into England, and why? 
cap. 14. num 13. & 15.  Leopold Duke of Austria his imprisoning of K. Richard the first. 
cap. 9 num. 39  Lollards heretics in England. 
cap. 13. n. 7.  Laws for their apprehension and execution. 
ibid. num. 7. & 23.  Their name and origen. 
ibidem.  Luther impugned by K. Henry the 8. 
Cap. 15. num. 4. 5. 6. & deinceps.  His inconstancy inveighed at by the same King. 
ibid. num. 7.   

M.  Missions into England by authority of the Pope 
cap. 6. num. 33.  monasteries and Abbeys founded in England before the Conquest. 
cap. 6. à num 37. usque ad 49.  monasteries and Churches privileges procured from Rome. 
cap. 6. n. 37. 38. & 39  Monastery of S. Bertulphes & the privileges thereof. 
cap. 6. num. 39  Motives that endured K. Edw. the 3. to proceed so violently against the Church of England, 
cap. 12. num. 3.  Mounsieur Lansackes conference with Queen Elizabeth, 
cap. 15. num. 41.   

N.  Name of Lollards from whence it is derived 
cap. 13. num 23, & 24.  M. Attorneys ridiculous Etymology thereof. 
ibid. num. 22.  Nature and conditions of spiritual and temporal jurisdiction expressed by S. Gregory Nazianzen. 
cap. 2. num. 4.  Nicolas Morris Abbot of Waltham punished by K. Edw. the third, & why. 
cap. 12. num. 29. & 32.  Novelty of Q. Elizabeth's supremacy misliked by Puritans and Protestants. 
cap. 4. num. 41.42.43. & deinceps.   

O  Oath of Supremacy exacted first of all by Queen Elizabeth. 
cap. 4. num. 52. & 53.  Oath of K. Stephen for the maintenance of the liberties of holy Church of England. 
cap. 8. n. 27.  Obedience of Clergymen due to the Civil Magistrate and how. 
cap. 2. num. 33. & 34  Obedience of K. Edward the Confessor to the Popes of Rome in his tyme. 
cap. 5. num. 16.17. & 18.  Occasion of the breach of K. john with the Sea Apostolic. 
cap. 9 num. ●7.  Occasions of K. Henry the 8. his breach from the pope. 
cap. 15. numero. 10. & 11.  Offa King of the Mercians his confirmation of peterpence to the Sea of Rome. 
cap. 6. num. 70.  Ordinances and decrees of Pope Formosus for the Church of England. 
cap. 6. num. 59  Origens' of spiritual and temporal jurisdiction different. 
cap. 15. num. 29.  Osius his resolute speech to Constanti●s the Emperor 
cap. 4. num. 7.   

P.  Palles of the Archbishops of England accustomed to be taken at Rome. 
cap. 7. n. 11.  S. Paul's esteem of spiritual Power given unto him & other the Apostles and their successors. 
cap. 2. n. 13. & 14.  His eager reprehension of woman's superiority in the Church. 
cap. 4. n. 32.  Peace of the Church, what it is? 
cap. 7. num. 16.  Pascalis the pope his letter to King Henry the first, 
cap. 8. num. 10.  Penance of K. Henry the 2. at the body of S. Thomas of Canterbury. 
cap. 9 num. 19  peterpence paid to Rome, and the beginning thereof. 
cap. 6. n. 67.68. & 69.  The same confirmed by K Offa. 
ibidem. num. 70.  Also by K. Adelnulph. 
ibid. num. 71.  In like manner by K. Canutus the Dane. 
ibid. num. 72.  By K. Edward the Confessor. 
ibidem num. 73.  Item by K. William the Conqueror. 
ibid. num. 74.  And by other kings until K. Henry the 8. 
ibid. num. 75.  Perils that often rise by the insolency of private men. 
cap. 16. num. 3●.  Pilgrimage to Rome for devotion by divers of our English kings 
cap. 6. num. 76.77. & deinceps.  Plurality of benefices and who can dispense therewith. 
cap. 14. num. 20.  Points commendable in a good pastor. 
cap. 4. num 37.  Pope Honorius his privileges to K. Edwin of Northumberland. 
cap. 6. n. 22.  Pope Formosus his excommunication of K. Edward the first before the Conquest. 
cap. 6. num. 57  His decrees and Ordinances for the Church of England. 
ibid. num 59  Pope Pascalis his letter to K Henry the first. 
cap. 6. num. 10.  Pope's provisions in England for Ecclesiastical livings to strangers. 
cap. 12. n. ●.  Power and the author thereof. 
c. 2. n. 2.  Power spiritual and temporal and the different ends thereof, 
cap 2. n. 3. & 4. & deinceps per totum caput.  Power spiritual of the Church and pastors thereof. 
cap. 3. n. 10.  Power spiritual more eminent than temporal. 
cap. 2. n. 19  Praemunire, and the first beginning of that law. 
cap. 12. n. 11.  Privileges and franquises of Churches and monasteries procured from the Pope. 
cap. 6. n. 37.38. & deinceps.  Privileges of the Abbey of Euesham. 
cap. 6. n. 42.  Of the Abbey of S. Alban. 
ibid. n. 43.  Privileges of Glastenbury-Abbey from Rome. 
cap 6. num. 45.  Privileges of Westminster procured by K. Edward the Confessor. 
cap. 6. num. 47.  Privileges of Ecclesiastical men in temporal courts. 
cap. 7. n. 18. & alibi saepissimè  Promotion of strangers to Ecclesiastical dignities in England. 
cap. 10. num. 21. & 22. & cap. 11. num. 36.  The inconveniences thereof to Englishmen. 
ibidem.  Protestant's doctrine condemned by K. Henry the 8. 
cap. 15. num. 15.  Provisions against bribing at Rome. 
cap. 13. n. 21.  Provisions of Ecclesiastical livings in England made by the Pope. 
c. 12. n. 5.  The Complaints thereof by Englishmen. 
ibidem.  The continuance of the same in England. 
cap. ibid. n. 9  Agreement thereabout made between the Pope and the King. 
cap. ibid. n. 21.   

Q.  Queen Eleanour Mother to K. Richard the first her journey to Sicily 
cap. 9 num. 29.  Her return by Rome and business there with the Pope. 
ibid. num. ●.  Her complaints and petition to Pope Celestinus. 
ibid. num. 39.40. & 41.  Queen Elizabeth's spiritual authority given her by Parliament. 
cap. 3. num. 3. & 4.  The inconveniences and absurdities that follow thereof. 
ibid. n. 4. 5. & 6. & cap. 4. num. 27.  Her singularity in that point. 
ibidem. num. 28.  Her supremacy mistiked by Protestants, & Puritans. 
cap. 4. num. 41. 42. 43, 44. 45. 46. 47. & 48.  Causes that moved her first to accept of the Supremacy. 
cap. 15. num 35. & 36.  Her conference with Sir Fran. Inglefield. 
ibid. num 37.  Item with the Count of Feria, the Spanish Ambassador. 
ibid. num. ●●.  Her protestation about the Real-presence in the Sacrament. 
ibidem n 39  Her Conference with Mounsieur Lansacke the French Ambassador. 
ibidem. num. 41.  Her own inclination towards Catholic Religion. 
ibid. num. 42.  How she was drawn to great extremes and cruelty against Catholics. 
cap. 15. num. 43.  Queen Mary her reign. 
cap. 15. n. 3●.  Her restoring of Catholic Religion in England. 
cap. 15. num. 31. & 32.   

R.  Reasons that show william the Conrour to have always acknowledged the Sea of Rome. 
cap. 7. num. 8.9.10. & deinceps.  Recourse to Rome presently after England's Conversion about Ecclesiastical affairs. 
cap. 6. num. 10,11. & 12.  Recourse to Rome by the Kings of England and Scotland in their greatest controversies. 
cap. 11. num. 44.  Recusancy of Puritans, and the first cause thereof. 
cap. 16. num 5.  Recusancy of Catholics from the beginning of Q. Elizabeth reign. 
cap. 16. num. 7.  Reformation of the English Clergy by King Henry the 7. 
cap. 14. num. 15.  Relics sent to King Osway of Northumberland by Pope Vitalianus. 
c. 6. n. 24.  Resignation of investitures by K. Henry the first. 
cap. 8. num. 14.  restraints of exercising the Pope's Authority in England, and how the same were first made. 
cap. 2. num. 41. & cap. 10. num. 25. & cap. 12. num. 35.  King Richard the first his reign 
c. 9 num. 22. 23. & deinceps.  His misfortunes 
ibid. num. 23.  His behaviour and oath at his Coronation. 
ibid. num. 25.  His voyage to jerusalem. 
ibid. num. 26. & 27.  His kingdom commended to the Pope's protection. 
ibid. num. 27.  His mother sent from Rome to Sicily. 
ibid. num. 30.  His letter to Pope Clement the 3. 
ibid. num. 31.  His captivity in Austria. 
ibid. num 38.  K. Richard the second his disorders & cause thereof. 
cap. 21. num. 42.  His confirmation of Church-libertyes. 
ibid. num. 43.  His obedience to the Church-Censures. 
ibid. num. 47.   

S.  Sanctuary granted by the Pope to S. john's Church in London. 
cap. 14. num. 9  Denied by the temporal judges. 
ibid. num 10.  Scruple of Conscience urged upon M. Attorney. 
cap. 16. num. 14.  sectaries not any way compared to Catholics & why? 
c. 1. n. 13.14. & 15.  sectaries their vain commendation of Truth. 
cap. 1. num 16.  Singularity of knowledge in heretics. 
cap. 1. num. 5. 6. & 7  Statute in Parliament for giving spiritual authority to Q. Elizabeth. 
cap. 3. num. ●. ●●. ● 19  The absurdities that thereof ensue. 
ibid. num. 5. 6. & 7. & num. 19.20. 21. 23. & 24.  Statutes of K. Henry the 3. in favour of the Church. 
cap. ●0. num. 27.  Statute of Merton made by K. Henry the 3. 
cap. 10. num. 39  Statute of Bigamy anno 4. Edovardi 1. 
cap. 11. num. 30.  Statute of Carliele made in the reign of King Edward the first. 
c. 11. n. ●9.  Statute against Lollards. 
cap. 13 n. 22. & 23.  Statute for reformation of the Clergy. 
cap. 14. num. 15.  K. Stephen his reign over England. 
cap. 8. num. 25.  His oath for the liberties of the Church. 
ibid. num. 27.  His inconstancy by evil counsel. 
ibid. num. 28.  His violence used against Clergymen. 
ibid.  His citation and appearance before the Bishops. 
ibid. num. 31.  Stigand Archbishop of Canterbury deposed. 
cap. 7. num. 9  Strangers their promotions to Ecclesiastical dignities in England, and inconveniences thereof. 
cap. 10. num. 21. 22. & 23. & cap. 11. num. 36.  remedies sought thereof from the Popes of those times. 
ibid. num. 38.  Supremacy Ecclesiastical not possibly in a woman. 
cap. 4. num. 26. & 27.  Supremacy assumed first by K. Henry the 8. 
cap. 15. num. 13.14. & 15.  Also by K. Edward the 6 
ibid. num. 26.  Item by Q. Elizabeth. 
ibid. num. 34.35. 36. & 37.  Suppression of the kinghtes of the temple. 
cap. 11. num. 43.  Sin of heresy how great and grievous. 
cap. 16. num. 26 & 27.   

T  tenants of the Church privileged.