COLLECTION OF PURITAN AND ENGLISH THEOLOGICAL LITERATURE I LIBRARY OF THE THEOLOGICAL SEMINARY PRINCETON, NEW JERSEY 5". Z . B 2- LIBRARY OF THE THEOLOGICAL SEMINARY PRINCETON, N. J. Purchased by the Mrs Robert Lenox Kennedy Church History Fund. Division ^— ^^— Section ^jL-i^ O r \ / \ ovs.e. AN HISTORICALL VINDICATI ON Ch OF THE 1 urcti o f En In point of O V-y Jrl X j5 1V1X^^(;.*LS0 As it flands feparatcd from the Roman> and was reformed I. Elizabeth. Deur« xxxij. 7. Remember the dtyes of old , conCiier the years of m.wy generations . i^sk thy Father yar^dhe'^ill/helifthee'^ thy elders ^ and they 1^1 !l tell thee. jciciniah vj. 16. o/.f/' for the old paths , liohere is the good l\oay ^ mdl^xlk therein • Andyefodlfindrejl for your fouls . L 0 N D 0 K, Printed by R. D a n i e l^ for VcViicl Takeman at the Q\am'bQyy near the Inner Ttm/)lc gate, 1657. tliers , felves. To the % E A T> E "R. ^Knovv how eafily men are drawn to believe, their own obfervations and expreflions may prove as welcome to o- as they are pleafing to them- And thoujrh few books live longer then the Authors who fend them to the prefiTe , and fewer avoid an opi- nion they might have been as well fpared as come abroad • yet neither the hazard their makers run , nor the litde gain they reap, can hind;::r thofe have a Genius that way, from furipering others to be as well Mafters and cenfurers of their thoughts as themfdvcs* This being then the venture every A 3 writer To the %cader. writer expofes himfelf unto,the Reader may not a little marvell how I have been brought to hazard my lelf on the fame Seas I have feen (o many Ship'- wrackt in J fhall defire him to adde this ^S'^S ^^ what is already in the firfl chapter,as g;r;:«,. my Apology. eT/I^'c^- Reading fome times in ^aroniuSy^ that thol'ua con- 111* 111 ' \ i^^ i futvouni. all things were well done in the v^atno- ^xiQVi,Ama.l. i. % /^>i ill 11 • • tom.hurch had venerable antiquity ^.^Kc*^"' for their warrant -, and that the Roman 'W^i^^l^'' ^burch did not prefcribe any thing as ^^!^i'acL ^^1^ l^^ly tenet, but fuch onely as deli- ^rZ/.W vered by the Apoftles, preferved by the ^/etqiitlb^A. Fathers^werebyour aneeftors tran'mft- VofioHs trail' \ r \ I 1 ^^,^ /.i.jw- ted from them to US • 1 cannot deny to bus deduha^ • « 1 >- P • 1 in 1 ^^tfibu^fer- have thousrht Ciox certainly 1 ruth is vata accepif- . ^ ^ ^ N 1 * 1 * fet.h^cipfa, more ancient then t/rror j this beins; utpotcfacro- /^ i • t fn„aa,>,:. made good , and that flie did commend 'in^^hu'^' them to us,in no other degree of neceffity ^dfmdf,Zdcm then thofe former ages had done,but flie i^lSr^-"' had much more realon on her fide then roMom.l'' I had formerly conceived her to have: ZV''- but To the T\eadcr. but in examining the airertions^itfcem, ed to me not onely otherwife , but that JearnedCardinall not to have ever been in this confonant to himfelt, ' confeffing csamTifsmo: theCathohck Church not alvvayes, (3c '«'^"p'^'^^/^- m all thinirs , to follow the mterpreta- '!:"' "^^ . tions or the molt holy r athers* ^^^^'f;'' On the other fide, it feemed to me IftJT * tU'- f torn, I, fomewhat hard to affirm the Papacy ;]^'lt//' had incroached on the Eng/i/h:,^nd uqu ther inftance when, where, nor how. Hereupon 5 as 1 perufed our ancient Laws^and Hiftories^l began to obferve ail changes in matters Ecclefiafticall re- ported by them • in which i had lome- times fpeech with that learned Gentle- man I mention in the firft chapter, whom I ever found a perfon of great candor , integrity , and a true Engliili- man. 1 noted like wife how the Refor- mation of Religion was begun with us, how cautioufly our anceftors proceed- ed, not to invade the Rights ot any,but A ^ to To the %eader. to conferve their own. Many years af- ter, 1 know not by what fate, there was put into my hands ("as a piece not ca- pable of anfwer , in relation as well to the fact as reafon it carried^ without at all my feeking after it, or hearing of It , a treatife of the Schifme o? England y carrying the name of one l^hiltpScoty but, as told me, compofed by a perfon of greater eminency , dedicated to both theL^niverlities, and printed permi/Ju fuperiorum^ trul y , in my judgment , nei^ therilliteratly nor immodcftly writ: but in reading of it , 1 found fundry parti^ culars, fome perhaps onely intimated, others plainly fet down, I could no way ailent unto • as that Qlement the v\]. did exercife no other audlority in the Church then Cjregory the great had done, That the Religion brought hither by Augujline varyed not from that was before the Reformation , Thwatthe£^/- gliflj made the feparation from the Church To the T\cndcr. Church oF %omc , That in doing fo we departed from the Church Ca- thohck. I was not i2;norant it mi^ht be found in the writings or fbme Pro- teftants,as if we departed from T^frtuc-, which I conceive is to be under- flood inrefpe6f of the Tenets we ie- parate from holding Articles of fiith , not of the manner how it was made. Having gone through the book , I began to look over my former noteS; and putting them for my own fitisfi6fion in order , found them fvvell farther then I exped:ed •■> Vrceum mjlitui, exit amphora : and when they vverepkiccd together,! f hewed them to fome very good friend s,to whole earneff perfwafions ( being fuch as might difpofe of me and mine , ) I have in the end been forced to yield, making thee partaker of that I never in- or. 0 the '\B^ader. intended fiiould have paft farther then their eyes. Yet in obeying them I fliall defire to be rightly underftood 5 That as I do not in this take upon me the dif^ puting the truth of any controver- iiail tenet , in difference between us and the Church of Ro;w^,{b 1 meddle not with any thing after Tius quintm came to the Papacyjwhofiril by pri- vate prad:iies,and then open excom- munication of her Majefly , declared himlelf an enemy ,& in open hofti- lity with this ftate, which therefore might have greater reafon to pre - vent his endeavours,byfome more fharp laws againil: fuch as wxrc here of his inclinationjthen had been feen formerly : with which I meddle not.. Thus the Reader hath the truth, both how I came to compofe , and how to print this. I f he find any thing in it like him , he muft thank the im- port 7~(? the Kcadcr. portunity of others; if to mifcloubt, I sivc him in the mamin wiiat hath lead me to that I affirm; if to dillike , his loUe will not be great either in time or coft : and perhaps it may in- cite him to do better in the lame ar- gument , andfiiew me my errours, which (proceeding from a mind hath not other intent then the dif- covery of truth) no man Ihall be gladder to lee , and readier to ac- knowledge then From my Houfe in laJlPeckham the Roger TTD^fden. ij. May M dc Lvii. . A T A B L E Of the CHAPTERS. G H A P. I. A l/> '/^opo ttrngenencraleyatitpro quanta negaret primatum fumrnl Fan- j Jola^"'^^, tifictis/tiper alias Fcclefias particular es : I conceive there- ft.i^t. scfs.s^ fore the Bafis of the Popes or Church of Romes authori--^"^^'*^'' ty inf^^^Z/i^^^jtobenoothcrthen what being gained by cuftome, w^as admitted with fuch regulations as the king- domethoughtmight ftandwith it's own convenicncy , and therefore fubject to thofe fftipuIations,contracl:s with ^ videconcor- the Papacy and pragmatiques it at any time hath made or'^^^^^'I^^^Hl thought good to fet up , in oppofition of extravagancies drum j. 1 172. arifing thence,in the reformation therefore of the Church Edwardum off;^/^/^^ two things feem to be efpecially fearcht into, u. 1J7.. and a third arifmg from them fit to be examined. Henricum f . 1. Whether the Kingdome of £^/^/.t^/ J did ever con- ^f^^Js'"""" ceivcanyneceirityy«r^^;x^/«oof being under the Pope united to the Church and fea of i?^w^, which drawes on the confiderationhow his authority hath been exercifed in England under the ^r//^«i, Saxons and Normans , what rreafure was caryed annually hence to Rome , how it had been gained, and how ftopt. 2. Whether the Prince with th'advifc of his Cleargy was not ever underftood to be endued with authority fuf- ficient,tocaufetheChurch within his Dominions be by B 3 them 6 ^nHiHoricaU FtndicAthn Chap, I. them reformed , without ufing any act of power not le- gally inverted in him , which leads me to confiderwhat the Royal authority //jjy^mj- is. i. In making lawes that God may be truly honoured. 2 things decently performed in the Church. 3 ProfaincflTepunifhcdjqucftions of doubt by their Cleargy to be filenced. 3 . The third how our Kings did proceed , efpecially Queen £//;r.^^^//??, (under whole reformation we then U- vcd^inthisaaoffeparationfromthefeaof i^^w^ , which carries me to fliew how the Church of £,7^/^;Wwas refor- med by Henry the S . Edi^ard the 6 . and Queen Ic^liz^beth. Wherein I look upon the proceedings abroad and at home againft Hereticks, the obligation to generall Coun- cells, and fome other particulars incident to thofe times. I do not in this at all take upon me the disputation, muchlefsthe Theologicall determination of any contro- verted 7?/^!^/ (but leave that as the proper fubjeft to Di- vines j this being onely an hiftoricall narration how fome things came amongft us, how oppofed , how removed by our anceftors, who well underftanding this Church not obliged by any forraign conftitutions, but as allowed by it felf, & either finding the inconvenience in having them urged from abroad farther then their firft reception hearc did warrant. Or that fome of the Cleargy inforced opini- ons as articles of faith, were no way to be admitted into that rankjdid by the fame authority they were firft brought in (leaving the body or eflcnce (aslmayfay)of Chriftian religion untouched,) make fuch a declaration in thofc particulars, as conferved the Royall dignity in it's ancient fplcndour,withoutat all invading the true legall rights of theftateEcclefiafticall, yetmigthkeep the kingdome in peace, the people without difttuftion, and the Church ui Vnity. CHAP.IL Chap. II. of the Church (^/'England. Chap. II. Of the "Britans. tm^ ^:S Shall not hear inquire who firft planted ^ ' ChriftianRch'gion amongft the i^r//^^;/, whe- ther ^lofcph of \^rim.nhea. , h Simon Ze/o- aBMon.to.i. tis ,^S. Peter oiElutherhis , neither of which fv,'.^*"* ^ wants an author, yet I muft confefs it hath ever feemed to w^tjih.lca], meby tlieiralleadgingthe ''Afian formes in celebrating 40. i:>/? their diCenng from the rites oi Romcc'in ^cverall fjj./|^^i'j"l particulars, of which thofe of moft note were, that offov/W^Baron, jE"^/?^r, and baptizing after another manner,then the i?o-'^ '•'^Y°•"• //?.f;/j ufed,their often journeyingto P4/^y?/>/.7,that they re- 4. ceived the firft principles of Religion from Afia. And if^^ccia ///>. 5. afterward CcdeHmus the Pope did fend (according to ^^yx^XltfiU. iProfper) Ger mantis 'vice fuaxo reclaim them from PeUgi- s.cap.^iS. anifme^ certainly th'inhabitantsdidnotlookonit , as an ^ ^j^ ^^^'"^ 'J; adionofonc had authority, though he might have a i^- ni .-coluaru thcrly careofthemas ofthcfameprofeflion with him, gisg^^'^^^H a sSynod in France likewifchad, to whom in their di-fjp,*|^\^^^y^ flrcfs they addrcfs thcmfclves , to which Bedd attributes Briton^bust the help they received by Germamu^ and Lnpu^. p'loCpc: in 2. After this as the ^r//^;;^ are not read to have yeild-432. cdany fubjedlion to the Papacy, fo neither is Rome noted c?^^^^^^'^^ • to have taken notice of them, "for Gregory the great a-"f/JJ'^^^ . bout 590.beingtold certain children were de Britannia^^^. infuLidid not know whether the Countrey were Chrifti- T^^'^ ^^^^: T\ J 1 n 11 1. 1. cap. 11 .Vl- an or Pagan, and when K^ugufline came hither ^ and dc- u Grcgor. manded their obedience to the Church of i?i?z»6 the Ab- Beda//7»,:, bot of ^i7/;ri?r returned himanfwer: That they T^ere ("bedi'\^clncil. cat to the Church ofGod^ to the Pope ipy^Romc, and to every spflmp.io^. • godly Chrijiian^ to love every one tn his degree in charity , to help them m'^ordanddeedtohe the children of God ^ mdo- they 8 AnHiJloriQcdl Vindication Chap.II. ther obedience then this they did not kriolo due to him^J^hom he named to be Pope nor to be fat her of fat hers, 3. The Abbots name that gave this reply to K^ugu- Jiine fccms to have been Dinooth and is in efFed no other iGalfridMo- then what ^ Gejfry OHonmouthhdxh.Ticmtmbxcdoi him, l\^WfAugJ ^^'^^^ hQ'm^rf'nro modo liber altbus artibus eruditus Augufti- ftino ^ro^ef- no petenti ab epifcopis Bntonum fubje^tonem diver fis mon- nem- Jlravtt argumentationibus t^fos et nullam debere fubjcciio' k Lib. z.ca^.2 nem, to which I may addc by the teftimony of l^^^J^thcir not only denying Wis^^o^oiXiionSyfed neque ilhm pro Ar- chiepifcopo habiturum refpondebant. And it appears /Giral /el fubjectione: the generality of which words muft be conftrued to have re- ference as well to Rome as Canterbury^ for, a little after , he ^^^'^T "/ f icwcs that though K^uguTHne called them to counccll , Ket^pwK ve- as a legatofthe Apoftoliquefea , yet returned , they did *.- netatnp,$z. proclaim they would not acknowledge him an Archbi- Vemf!niu-jlo, ftop,but did contcmu both himfclf and what he had cfta- feddoleo yehe- blifhcd. tntuthquod j.,Neither were the Scots in this difference any whit be- loiwnncs hind the Britans ( as we may perceive by the letter ot Lau- enim A^^ofio- yentius lufius ,ind Mellttus, to the Bifliopsand Abbots f«mcVo>»l!m through ^(T^//^^;^; in which they remember the ftrange jimuiEcciefu pcrvcrfeneffe ofoneD^^^w^^r a Scottifh Bifhop, who upon quodindtgnos Q^^afion comini^ to them did not only abftain eating fihjudicet qui With thcm , but would not take his meat in the lame nouie nmcommum- thcy abodc , yct they falute them with the honourable uT£cchfiT titles of their deare/i lords and brethren. A certain figne cmnii pfnttus of a wldc diftancc bctwccn the opinions oi Rome then, ^""'^''^"^'t^^' and now, when men arc taudit not fo much as '"bid VtTtCS ( "* lO- ^ han.) ^ thcni farewell donotfubmituntoit,fureourfirftBifliops know I. Get* Chap. III. of the t/;//;T^ ^/England. f know no fuch rule, who placed in their Calendar for Saints and holy men, as well HiU.x, o/y^^/^,and ColnM7t^ the oppofcrs o'iRomc, as ]i'ilfrc(^, ^^4gilbcrtu$, and others who Hood for it. C H A P^ I I I. Of the }}jcreafe of the Tapall ponder in En- gland wider the Saxons and Nor- mans^ and'what oppo/itms it metmth. 4 Eadmcr. ^ i.g^^^M^^Frer the planting of Chriftian religion a-i2ji9P- ' fM0;: mongft the nil 1 fuM.i fihiuniTi whofe folicitude they underftood thc way to heaven, CT- fcripuYA' ^^^ J ^Q ^ place in which rclision and piety did moft flou- co^n'mm. E-rilnjioth uutriiaions thence were not as commgfrom f\fi. Paula: one had dominion over their faith, thc one fide not at all ^ ^^^^^y/ giving, nor thc other affumingother then that rcfpcd is Ecthichcm, tit to be rendredfroma puifnc or Icflc skilfiillto more inter o^erx ^ncicnt and learned Teachers. As of late times when Hicronymi .... / /- i i-n- i i t Script, circa ccrtaui divincs at Frankford 1554. diftcrcd about the ^nn. 3S6. Common-prayer ufcd in E-ngUnd, Knox and W hit ting- Beda^ '^^' ^^^ appealed to Calvin for his opinion; and receiving ©Troubles his 2 CO. Epiftlc, o it Jo ipTought in the he.irts of many, that at Franks th'^y'^er^ not fo Jlout to maintain all the parts of the Book , xxxvi. ' asthcylvcrethen againft It. AndDodior Cox and fomc E/7^////, and thcCa/Concii.gc- nons of the Church of t E72d.trid\ but left the Govern- p"^'- '^'': , o ' Iv-Omx i6of. nicnt of it tothc^/^^/z/^Prelats, yet giving his bed ad-/o. i. p^ 491. V'.cc and afiidance for incrcafini^ devotion , and main- *^- , , tenance of the Laws Ecclcriarticall aiiiongH: them, \v\ca^.I. which each fide phiccd thcfuperioriry. Fromwhenccic proceeded that however the Pope was fought to from hence , he rarely lent hither any Legat. * In theCoua-" c^oncij. cell of Calcuith held about i 80. years after ^^^^guJlDic ,.^\^^^"f^'^' iris obfcrvcd , a, tempore Sa7icli Auguftini Potitificis pi- cerdos Romanus nullus iii Britanniam m'ljfus ejl •, ?i!ji fios. And ^ JL.xdmcrus , thatitwas inatiditum in Britan- 'f^^ ss, <{. vxKTi ^quemlihet hominum fupcr fc vices ApoJloUcas gercrc^ 7iifi filit'/n K^rchteptfcopum Cantuarii^. 4. But after the Pope inftead of being J fubjcft, bc-^^^^"^'^^J- gan to be cfteemed abo\H: ih' Ecclcfiaftick Canons, r^^. 2! 3.4 D.nd to pretend a power of altering , anddifpenfing with^^- them, and what paft by his advifc and counfell onely, was faid to be by his authority, he did qucftion divers particulars had been fonaicrly undoubtedly pradic^tin this Kingdom, he feeing them, and not (he wing any dif- hkc at it; as ^ The receiving Invejliturcs of churches from \ ^ngulph. Princes ^ ^ The calling Synods , The determining caufes Ec-^^ ' ^°°' ^' clefiafticdll Ipithout Appeals to Rome , The transferring a Vidc literas BifhopSt dec. but the removing; thefe from En'7la?:dun-l\^^^^^^-^- to a torraign judicature, bemgaswelnn dimmutionofEadncrum, the rights of the Crown^asof this Church, paft not with f'^-^n./'j^. out oppofition. *^^* 5 . For K^nfelm an Italianyihc firfl: great promotx^r of the Papal authority with us, pretending he ought not be barr'd^ ofvifitingtheVicar of St. Peter cauf.iregt?ni?i!sEC' ^ Eadmer. c/f/7*£, was told as well by the Bifliops as lay Lords , c That ^ '|^'J^y^* it was a thing unheard, and altogether againft theurcof/).j9) jo- the rcalmcfor any of the great men , Specially himfelf toprefume any fuch thing without the Kings licence •' ,p ^ who affirn^cd y^ ncquaquamfdemquamfibi debehat fimul^a^. 26, i . C 2 6- ^ 4^ 12 ^uHiJloYicdl Vindication Chap .TIL O* Apojlolicji ftdis obedient Um contra fuam volunt.itcm pojfcfervare. And the Archbifliop pcriiftingin his jour- ny thither, had notonely his Biflioprick fcized into the Kings hand, but the Pope being fliew'd how his carriage tihid,^cig.<,iy\72iS refentcdhere, did not afford him either « Con/i- '^' Hum or K^uxilmm ^ but fufFered him to hve an exile f..N//;W/r//all that Princes time ^ without any confiderable fup- »/5 per^Ko' P^^^ ^^ adjudging the caufe in his favour. Which makes manum /'r*- itthemore ftrange that (having found by experience ^lem na^t. ^yhat he had heard bcforc , thatit wasthe Kir"; notthe p'^5 5 3) -«♦ Pope could help or hurt him) this vifit being fo little ta his advantage , at his firft prefenting huiifelf to Henry ^Eadmer. the firft , hc fliould oppofc s that Prince in doing him l"*5-56;7- homage, andbeinginvefted by him, a right continued unto that time from his Aunceftors, and by which him- /jEadmcr^ fclf had received ^ the Archbiflioprick from his bro- p.i8,4 p-zo.^j^^j.^ andthisonafuggeftionthatit was prahibitcd in a councell held at Rome, in which he went fo far as to i ihid.i>ag.70, tell the King , i ^uod nee fro redempttone eapitts met con- ^* Jentiam ei de tis qu^ prafens audtvt in Romano Concilio prohtheriy niji ab eadem fede interdlcforum abfoluttoms pro- deat, a qua conjl'tttit'tonts tp for urn vinculum proditt. ;t Eadmcr. ^ ^^-^^ is the firft, if not the onelytime that to what P4^. 92,40. •' Wf Concil. wasafted :itReme an obedience was required here, as Spclm.p^f^. j^Qi- tobedifpcnfed with but from thence ; for it is un- /Hcn^ doubted , this Kingdome never held it fclf tyed by any Knighton thing paft there , till received here 5 as k Eadmerus rightly '1^1 "^/^f obferves, things done there not ratified here robe of no Mat. Weft, value. And when l^^/'/^r/?^//?^ 1 296. wouldhaveintro- ^ ^"'' duced the contrary , it coft him dear , the Clergy forced m de immu^ to tejcd the commaud, ™ and the Court to quit her prc- nimeZcclef. feufcs. 'sextl' EtTit. 7- But the difpute , however the right ftood , grew todemcap.i, fo high, the King told Anfclme " the Pope had not to- '"e^T^"'* meddle with his rights , and wrote that free letter we find £,70,5, in lorvalenjfs jCol, 999, 30. which I have likewifc fccn ^ in Chap. III. of the Church of l^.r\<^:xnd. 13 in an old hand recorded amongd divers other memo- riallsofchc Archbi/hops o^ Canto bur j : though I muH: needs fay ir Iccms to nic b\^ Pafchalis hisanlwer , re- ^'^?^<^ f-*^- peating a good part of it, not lent by thole he names, 48. P but former melVcngers. In this controverfy the Popes P ^^i^-p. Ihould himfelf goto Rome, with whom K. Henry fentj^^.^^*^^' ^''' another, <1 who (pake plainly , \\\% \\\:SS.zx.nec ^ro armf {ih^d.^xijo^ jione rcgni fui. pajjurnw fe pcrdere investituras Ecclefia- ^'^• rum-^ and (though Rome were willing to comply in other ^^^ go, 17. particulars) told L^/?/cVwf denying that, "^ he could not i^ -^^'^- p-^^ aflure him of a welcome in E'rifrUnd , who thereupon f* ^ ^ „ retired to Lyons : where finding ^ (lender comfort from p^^.9 1 , zi . Rome y he foughtthe King by letters, and after by the >' ^^'^•/'•^7> means oi Henry s t fidermade his peace j at which yethc 2 iw.p.ioo, was not permitted ((uch was his fpirit") tocntci: E^^z^and, ^• denymg to communicate with them had ^^^^^^'^^ ^obcin.^nna Bifiiopricks from the King, but by the Popes difpenfa- nS;-. co/, tion. The conclufion was , P^/?/?^:/// tau2;ht bv expe- i^°5» ^^* ricnce, neitherthe Court of 7?^?;;?^ nor th'Archbiihop villa ^/;/.4// gained ought by this conteft , however he would not^^^^^.^O'C^^- :{\.^\:{\. dbito. ^ pr^decefforis fui fentcntU rigor em, V^t ^l^'^^'J^J^/y^^ now admitted great limitations to what F/^.^;-/* hadetU- mimKegisy bliflit. So as the Kin^r * affcntimr none for the future ^''"/^''"V"^"' fliould be inveftcd per /a/c/im manum ( which was no facramcfiium more , but what he formerly did himfelf, he would now W" fi^^l^^^ caufc to be performed by a Bifhop) the other agreed no ^h^^^'j^w;,. prelats to be barr'd of promotion ,f//.t/^ homtma Regimo. col. feccrint , y & hoc donee per ommpotentis Domi?ii z^^tiam ij"^'* ^^\r J I -J ■ //• o \ ■ 1 Hugo 5. Ab~ ad hoc omittendum cor regium mo lit at ur , occ. which yet hdi s^.hyx- tKc King foon after, on the Popespermiirionofthcmtog"^"^^ v^ the Dutch, did threaten '2' fine duhio fe r^fi^y^ipturumfu^s^fl'^-^^^ tnvefittttras, qtua tile fuas tenet in pace 5 but for ought I fideliuiem d. find , it went no farther then their fwcarino; fealty to the ^^^^'^'*^\ King, which feems to have been long « continued. legcn^, C 3 %. The 14 ^nHifforicall Findkdtion Chap. III. 8. The Papacy finding by this conteft the difficulty of carrying anything here by an high hand, thought of more moderate waycs for bringing the Clergy of this nation wholy to depend on /?^w^; butthatcouldnotbc without diminifliing the power the Archb.fliup held o- vcr them , and therefore murt be wonne bv dc'i;rees : to advance which nothing could more conduce , then to 'have a perfon of wifdome rehdc here, who might di- rc£l this Church according to the Papali intereft. But this vas thought fit to be given out before pradic't , and likely to be doubly oppofed, forth' Archbifliop well un- t Mat. Paris derftood the admitting a Legat for that end tobe^ //^ t^g 440, 17. y^^^g diQ-nitatis pr£judicium. And the Kino; fuffered none Loiid. 1^40. to betaken tor rope , but whom he approved , nor any to receive fo much asa Letter from Rome , without ac- quainting him with it, and held it an undoubted right fEadmer. ofthc Crowu , ^ ut ncminem ah^itiando Icgati officio t?i P*^- 1 2 5> 5 3 • (^nglia fungi fermtiteret ,Ji non iffe , clique pr^iicipua que- t. ' reU ex'gente , (^ qu£ ah K^rchiepfcopo Ciintuxriorum i^terifque Epifcopis regni tcrrni?Mri non pojfcty hoc fieri k Papa poftularct, &c« 9. Things (landing thus in the year i loo. th' Arch- ^Eadmcr. bifliop oi Vienna coming mio Englandy^ reported him- ^^^.58, 41. fclf to have the Legatine power oidiW Britain commit- .ted untohim; which waswith fo much admirationof the Nation (as a thing had not been heard of before) that fifhehad any ) at leafl: he thought not fit to make ufe of his Commilllon , but departeds ncmine pro Legato fuf- septus , tiec in aliquo Lcgati offi cio funifus. rEadmcr, ^ q. Fourtccn ycars after ^ p,?/?/?^/;/ the 2. by Letters -'■^*'* ^'^^^^ ofthe 30. of cJ^^r^^ and i.oi Aprils expoftulateswith the King about feverall particulars; of which one is, his admitting neither meffcngcr nor Letter to be received, but by his leave : but fee the words; Scdis Apojlolicx ntincii vel liters prMer jufium regidtmajejlatis nullam /;/ potejlate tua fufceptionem ant aditum promerefUur , 72ullu5 indc Chap.IIl. ojthe Church of ^n^^nd. 15 hide cl.in;or , nf ilium hide judicium a d ft dem \^po(loitcam dejllnrintur , *S.c. and the year following addrcft / K^n f^^^^"^^-^ y^Vw^ (nephew to chelate Archbifliop, and after Abbot ■'^" * * " " of <5'r.Z{^//;«;;.'/j/';//;)'j hither, Ihewing by Lcttershehad committed unto his adminiftration ibices Apojlolicus tn Angl'u, This made known here (though the bearer were not permitted to enter the Kingdom ) the Clergy and Nobility gathered incouncellat London concluded th' Archbilhop fliouidgo tothcKingiii 2iormandy , make known unto him the antientculiomeof the Realmc , and by his advice to Rome^ ( as being the pcrfon was moft interelVed in it) uthjec ncz\x dimihiUret -^ from whence he obtained the Letter, or rathe? declaration to the King and Clergy the (Imic aurhor hath g recorded. Sog/>^^.r2©. by this care the matter was again ftopr. 1 1 . The King 1 1 i9.^rcnthis BiniopstoaCounccll^^^^.^^^'*^"^ held by Calixtus the 2. at Reims , at their departing gave g .'^^^ '^ ^f^. them thefc inftrudions.-Xot to complain of each other , S5S, a. becaufc himfelf would right each of them at homcjThat he payed that rent his prcdeceflbrs had formerly ck)nc, and enjoyed like wife thofe priviledgcs had been- for- merly permitted them; That they fhould dilute the Pope from him , hear his precepts , but bring no fuperfluities into his Kingdomc : but fee the words ; Rex ^nglorum frxlAtis re^nifui adSynodum tre permijit-^ fedomnino nc Alicu']us?nodi querimoriiam alterutrum f.icerent y prohi- hu'it. Dixit ^ omnt plcnariamre^Uudmem conquerentifxr ciam in terra mea\ redditus ab anteriortbus con/litutos Ro- man.^ EcclejLz fmgulis annis errogo ^& privilegia nihilomi' 7ms ab antiquis temponbus pari modo mthi conceffateneo, Ite,dor}iinHm?ap.im departer^teafalutate ^ & ^^poJloUca tantumpr^cepta humiliter Audite , fedfuperjiuas adinver^ tiones regno meo tnferre nolttCy &c. Certainly this prince did holdjthc Pope with the advice of a Counccll might labour to introduce fuperfluous inventions, which the Englijh were not tycd to receive , the difputes of his Bi- fliopa- > 16 An Hijloricall Vindication Chap.li i. fhops be by him ended at home without carrying thoir iw/>.s. complaints beyond Seas , according toth' Afllze i of Clarendoun ; the King in nothing obliged to Rome , but in the payment of Peter-^euce , as his father had before A Baron ^(7. A: CXprcft him(clf 12. In l^vemher foUowhig the Pope and King had 1 r. Anno 1079. n.i<;. . . r • ^ 1 \ I ^ Lanfraii- ^ mectuig at Gtjors m Normandy , where Cdixtus coa- ciEpiff.j. firmed unto him the uCiges his father had pradlic'tin p.Auu'. B^gl^'i^^d ^nd Normandy , and in efpeciall that of fen- ding no Legat hither , but on the Princes dcfirc. Yet m Eadir.cr. notwithftaudiug the fame ^ Pope not fully two years af- p^g- 1 57,4^. ter addreft another Lceat to thefe parts: but he by the Kuigs wildome was 10 diverted, ut c^uiLegati off tcio fun- gi in tot a Br'ttdnnia venerat , hnmHnis ah omni ojficio tali via qua vcnerat extra Angliam k Regemiffus e/l , 6c c. 13- Butherebythc way the readcrmay take notice, f^Eadmer. thcfc Words , » Collata , o Impetrata y C once (fa. Per- oib]dp^^z< ^{{f^y ufcd by our beft authors in fpeaking of the Rights 21. oftheCrown in points of this nature, donotimport as if it had onely a delegatory power from the Pope by \iv!dc T ^^^^"^^ gL'ant of his , as is fancied by thofer would have it dejur'e Kegis fojforwc rcadof uo fuch concclYions from him, unleffe Ecciefiap.c 9. that of Nkholas the 2, of which in the next: Rut that they .p. 200. YY^i-c^Qi^t-ji^ujjlly^j^ej-cifecl^the Pope fceing,«5c cither ap- proving, or at lead making no fuch fliew of his disliking them ,asbarr'd their pradice, which by compari-ng the faid authors is plain. Eadmerus ,^.125, 53>54. fpeaks as if thefe cuftomes were cone e (fa , fungi permijfa from Rome:, which pag. 118, 33, 40. he calls anttqua Anglu ccnfuetudo^ liber tas Reini^^z. So paq-. i 1 6, 22. he terms oEadmcr. , -^ • j • .'9 ■ r ri \ l^ ^ t \.6^ 2 5 . e?' ^i^Q^^ privuegia Pa-tri CT Fratrijuo^libiqiie d Romana Eccle- iib.z.perto- Jiajamolimcollata, &c. about which yet it is manifcfl:^ ^^*%c p 1 1' ^^^" ^ by him , the Court of Rome was ever in contcH: yHcn. I. £. with out Kings about them , who maintained them as ^'/? '*/'"'^J^'^- their Royalties a<2;iinft it, and challenged by Henry the 46, 49. 1 . by no other titl-e then fdigmtates^ ujus , & conjuctudt- 7%C5 , Chap. III. oftheOmrcho/Enghnd. 17 nes y quas Pater ejus in reg'ao hahutt ^ (5cc. which the Pope ! cMs honor cs quos a?neceJsorum nofirorum tempore /Eadmcr. Pater tuushahuerat ^ and afHrmcs to \)<: grata in fuper- P-^^' ^'^ ficie J — inter ttis reqtufitaC' Legativocibiis expojitaygra- "VIA & "Vehement tj^irnxparuer tint : fo far have Popes been from conferring the lead unto them, fee cap. 3 . w. i 9. 14. It is true, things done by Princes asoftheirown .-.vuecai^, Right , Popes finding not means to ftop , would in for- " 4. mcr ages as later, by priviledgc continue unto them. Nicholaus Papa hoc Domino meo privtlegium , quod ex paterno )urefufceperat ^ /^r-^^/yz/j'faid th'Emperours Ad- rBaion.n. vocate.And the fame Pope finding our Kings to expreflc *" ~^««.I0 5 9. 2J one part of their Office to bcrcgere populum Domini , d^ Ecclcfiam ejus , wrote to Ecijvard the Confeflbr , Fohs dr fojlerts uejtrts regibus Anglix committtmus advocation nem cjufdemloci , & omnium totius hng\\x Ecclefiaru7n , C^ "Vice nostra cum Concilio Bpifcoporum . 629.C. r«^^ Vcnetiarum A^itiFHtes Clemcntis decrcto eximeren- ^^Jl' ^f'^^' p. oby . b. tur : fo that now that State doth by an exemption what card, oiiat. they did before as Soveraign Princes. Bcfides, Kings £/"Akp'"< ilid many times as graunts ask thofe things ofthe Pope , Hoi^.^^' they well underftood themfelvcs to have power of x Kunj«<«r doing without him. ^ He nrjf the <^^^- demanded o{ Mar- ^•^^('•56.57. /in the 5. five particulars : to which his Ambaffadors cichichlcy finding him not fo ready toaiTcnt, toldhimy^/;?w^W.t- abAnhato t is habere y ut coram eo profiteantur , Regem iniis fingulis J^" '''* jure fuo tifirum^ utpote qua non necejsitatis , fed honoris j Kot. Pari caufapetat^ & ut publicamde eare coram univerfi Cardt- i/E^. ^ nalium coetu protcflationem interponant. And to the 2V. Hd!'f.'^'' fame purpofc there are fundry examples yet remaining oH, ^uy\(- n, on record , where y the Kini^ on the petition ofthe »5' ^ ^^•'^- Commons for redrefleof fome things (of Ecclefiaftick 3.Ha.>;.i$, P , cogni- 18 ^{nHtJloricalFtudicdtion Chap.III. ^eeu^A. cognizance) amiffc, firft chiifcs to wiirc to the Popc; but on his dchy , or failing to give fttisfaftion , doth ei- ^ Malms, df thcr himfclf bv ftatiitcrcdrcflc th' inconvenience, or Anicim. command the Archbilhop to fee it done. joiAzy. 15. ] 5. But here before I proceed anv farther , becaufe lohltLcd ^^ cannot be dcnyed , in former times there was often in- I ?27, 58. tercourfe between the Church of L?7gland and Rome , «Eadmer. ^j^j i^\^^\'^ ^5 wcrc fcut from thencc hither are by fomc b ihid. p.'i 15, fly led Nuncit , by others Legati ; I think it not amifle to ^7- confider what the caufc was one fide fo much oppofed \^n^l^? ^^ ' the fending a Legat, and the other fo laboured togain it. JEadmcr. 16. After the erection o{ Canterbury into an Arch- ^^^g--iy 3-?. biflioprick , the Biiliops of that See were held quafid' y?roAnfdir,o. tcriu5 orhis Pap.^j as Vrban the 2. =? ftyled them , did onely c Ibid. p. icy, cxcrcife ^v'ues^^poflolicasin K^nglta, that isufedthe ^5-f'^5'n' f^Q^^ poW'Cr within this Ifland the Pope did in other /Gervas.Do- parts; the One ^ claiming , becaufe Europe had been con- \^ol ^166% verted by difciples fentfromi?^;»^5theother,thathehad lEadmcr. fcut^ prcachers through £;^^/;«;i'^. And is therefore cal- f3o 9. led frequently in om\VuiQ.\:s^ princeps Epircopomm ex/;^- ^1^.1 1 B. 47. g^^^ , Ponttfixjummus , / P at r tare ha , g primas , and his cominuatio (cat h Cathedra Patrtarchatus K^nzlorum : and this not w?aorn ^" civility onely , but they were as well '^fic hahitt as nomi- ^m, 1136. nati. It is true, the correfpondency between it and the p^. 5 1 ? . Roman was fo sreat , they were rather held one then two J Cjcrvas- Do* robcrn. cqU Chutchcs : yct if any queftion did arifc , the determina- nts j, 5 5- tion was in a councell or convocation hercj as ^ the de- Wj"o7n.^ pofing St)gand, ^ the fettling the precedency between ^nw.1070. C^;^/^;-^;^^;/ and 7"cir/t j'^ theinftrudionsi mentioned of ^if'^'^^' Hen. i.tohisBifliops, "the right ofthc Kingdomethat mfupranAj. nouc fliould bc drawu out ofit/7.Vi:7^r//.^/^ ApoHolica^ do nW.Mar. cnough affure US , ifrecourfe were had to Rome j it was 1 246. p.699, onely ^tnmajort Concilto decidatur quodterminari nonpo- 10. -vide pofl /«//,as to the more learned divines, to the elder Church, ^x^'xnwxrnTrH. ^f g^^catcft uotcln ^^r^/c , by whom thcfc wcrc coHVcr- • Malms. /«/. 152, b. 12. /ff«. ?. ted^ Chap. III. ojthe Qmrch o/England. 19 ted , and therefore more reverenced bvthis, as that was mol\ loUicitoiis of their well-doing , and molt icl'pcclcd for their wildomc. All which ismanifcft by that humble l^ctt ex: :.KL"aulph:is <5c others oiAferct/i wrotcaboiit 797. .. jhnjc p^. to Leo the 3. whereniir plainly appears, he (ccks to that ^zj^Ksiih, i. Sec for direction , becau!c the convcrfionofthc Nation ^^^" ^^* firll came from thence, and there reiided in it men of found learnins; , whonihe doth therefore dcfirc as ^/^z- bus k Deornento J^tpie/itiji cUvis collate cjl ^ ut fuper hue c.vifa (which was the placing an Archiepifcopall chair at Litchfield J cum fkpicntihus vcjlris qu£r^tis,& quic-- quid vobis vtdcatur nobis pojie.t rejcrtbere digue mini. By which it is clear his inquifition was as unto peribns of profound literature , ( had the key of knowledge con- ferred on them) not as to thofehad auctority over this Church. 17. As for aclsof Ecclefiaftick audority, what pro- ceeded not from the King, did from th' Archbilhop , \\ ho was not at all commanded by any,f nullius tinquam p Gervas. Icgati duioni addiclus , but ^preceded them all. ^Nonc Dorobem. did were a Miter within his Province , or had the Cro- ^^jltlloi^,^' fier carried , norlayd any excommunication; and when i485> 63. he did, the/Cler2;v of the place did teach .both from the f-^'°" ^^ "^^''^ 1*11/1 , ■ 1 • , h^cum^orx King and Archbiinop , not to value it, on this ground, ^rchiepifco^a that in Vioece^ ArchiepifcopiApoflolicam non tenet e (enten- Cantuancad *■ -J i- i' -J J talis ilUtd tn- ^'^^''- jtim.utin iS. As for Councells , it is certain none fromii^w^ vro-vwcta did, till 1 1 25. call any here: if they did come to any, as ^/"/^.""''!'' to Calcuithy the King upon the Advifc of th'Archbifliop immo c^ /« ^Jia^tuit diem conciln.So when William the firft held one at ^^^'^A< ^ «' ^^ Winchejier 1070. for dcpofing Stygmd , though there L^eZllslu- came to it three fent from ^/^.v/t/^^^rthefecond , vet it quis tmiratus was held ^^jubente & pre fent eRege, who wasxprelident '^^^^[[^'y^q, ofir. The difference touching precedency between the lobcm.'^w^?. I : %G. 6qI, 14-85,63. /Gcr. Dorobcrn. ^w);. 1 1S7. fo!- 1 5 )!> 3 S. iConcil. Spelmau. p4^. 295. KFlorcat. \Vigotn,/^rt», 1070, f-<5-434. x^/VnLanfrancif.ip./. p 7.fe^ i.d. D z Sees 20 /InHiJloricall Vindication Chap. Ill- SccsoiCa-atcrhuryzwd 7"or/' having been before the fame Pope, and by him fcnt back for a determination at home, it is obfcLV^able, that in a Councell faid therefore tobe called (X pr.ccepto Alcxandri Pnp.e a7:nHente Rcge , the Popes Legat (ubfcribed the i6^-^' afrer all the Engbjh J Note, you j^ifhops : asistrulv y recorded in the Antiquitat. Bn- thcfcfub- tmnicsLEcclefi^p.^S^ ^o. ngieemg with a very ancient fciiptionf ia ^^s. copv I havc fccn of thc fald Gounccll^ zsBiceto thcioM^otf and others do T rank him afrer the Kinc^ , Ca:'}terbiiry, cditioni 571. 1 I 1 T I for in that of and Tork, If any ilialb.sk whether I have met no copies HAmu I re 5. -j^ \vhich he was placed otherwifc, I muft confefie I haver thc^nioft, (I ^^^^^ fome books wherein he was above the E7igli[h know nor on Bifliops, next after the Queen; but they were oneiy late Tant!) om'it- Tranfcripts , not of any Antiquity , as in a '^bookof Cr^^- ted. Liiici writ fincethe beginning oi Henry the 7. ^Dxceto ^^^ T\\^ Pope for many years now pad , forbeinga ai« ribhotbe- Spiritual) Paftor , and Patriarch of the Weft , hath been €a Cotton treated with more reverence than any Bifliop , and for )• . xxuii. i^^jpg j^ potent temporall Prince, with more obfervance tMat.Paris then mccrly a Ghoftly Father. A ^ grave writer notes, hifl.minor, li^y^Yy the firft having gonethrough the troubles were on him with his brother, and likcwife ^/^y^/w , flibjugatis omnibus mimicisfecurus erat , nee aliquem ut primttusfor- midabat prater Papam , & hoc non propter fpiritualem , fed temporalem potefiatem. Which as it is recorded of that Prince, fo no queftion is true of many others. 20. By which we may fee, when /?d?w^ did in former times K^pojiolica. auihor/taf e pr^dpereAtw ^stoB'iihops (whom hefty led his brothers,) no other thenfuchfra- ternall commands the elder may and doth ordinarily lay upon the younger brother, of whom he isfollici- c 2 r/jp/j.iii. tons ; fuch as S^ Pauls were ^ to the The(falonia?)S , ^ phi- 12- . lemon^&iQ, No othcrthenof lateO/i/z^j werctoA'wc;^, cKnox Hi/?, ^ho being chofcnby certain oi Franc k ford xo bePrea- chunh of cherunto them, ^ rheirvocafio^^hcobofycdy albeit un- iTfdiuc^^. '^^ll^^ghi alfk^coiXim^ndmQmoffha$notdle/erva?u Chap .III. oj the Church of England . 21 c/ Cci lohn C/ilvjn , &:c. And a little after the Lords of ScotLind lending for him home, ^didaccompany their ^"^P'^o letters to him with others to <5-- Saxons to the Conqueft , and from the Normans to thefe tyl^^J^cmT- later times, have upon occafion cxcrcifed a power, puUmaiiquo fhc wing fuch titles were not in vain conferred on them, ^^^^h^^'--^^'!:' Neither did any decifion , thoughncver fo punftually Kf^zV^C^-'V alone-,) fed C'JtiOffttm juiicitun , fine publico C^ EccIefiaflicO CciKilio iitos nulla poffefione priyari dchwjje-^ R.* - ^em id non reftitudinis -^elo , fed commodt fui comfendiofeciffe. Malms. /o/. 1 0:5. a . iS. reports this faying of alegar/fr n, 24. m Cgntrn Crclcon. Gramme, /,j. cap.^i. to- 7- "^ D 3 had'^ 22 AnHijlorkd VmdicMion Chap. III. had in Rome , unlclTe the parties agreed , ftmt the ftnfc, till the King concurred with it j as the frequent deter- minations on the behaU'of CanteYhury'Vii'^oiwx. offupe- jm;mT/^ riority above Tork , found m^ Malmsl^iiry and others , foi. II 8,*a.fo niay teach us , which yet never received a hnall end , till joi. 1 zo,b, £dipard the 3 . under the great fcal let a ^ period to that Brl'lr^cc/e- ^^^S controvctfy, /frfjtnsimone 2 1 . But after the Pope began to think ( or rather to iilcp. p. 2c 9, f^y^ himfelf had onely P ple/ntudo EccleJiaJitCdt potejlatis , ^Dedunori- ^ that no Counccll could givc Laws to huii , butallre- tAteG^ tijii ceive ftrength from him , and the Canonitls flattery ex- qveEie'ciiO' tended to declare him ^ fuprajura, , & in eofujjiat pro r^- nczp'eieth 1 10 ?ie Voluntas t, his miflives ran in an higher tone then poteffj'.ec.^ formerly, andhiscommands , which were at firftac- detemp. ordi- cording to ^ th example of SK Paul joyncd with exhor- tiMd. cap.z. tations , entreaties, and the like , to carry ^ K^pojloltu ah- prcil'e. Horitate comprimere\ and to th' Archbifliop demurring iVhil'ip\\\\.i. in th' execution of them, ^tuum candcUbrum concutte- , ^ ' mus •, Cr tanta?n pr^umptionemcum qravwus uIhyis exi- co/. i8oi>55. , J -^ , '^ n ^ t , 1 u Ibid. itii4, gemu5\ and , ^Ji mandatum nojirum negUxens veldiHu- 3+- tens adimplere^ quiaju/ium eft ut ei obedientiafubtraha- Dorobern. ^^^ qui Jedi Apojiolicx neglexerit ohedire , venerabilibus Ann. 1 193. fratribus fujfraganets tms per fcripta no (Ira mandavimus, col. 1 60Z, 64, ^^ fji^^ reverentiam non impendent, ^mdfi &c. ttbi fcce- ris (xhiberi •, fcia^ te tunc ab Epifcop all dtgnitate fufperz- fumy &c. phrafes and manners of writing denoting much more of auCtority then was ufed by Popes in elder times. By which is manifcft , the point in difference be- tween the Archbifliop and the Pope to have been not the fending a Legat hither , but of one with a power a- bove him , to command the Engltjh Clergy, that is to re- move their dependency from him to v^ome as a fupcrior over him. 22. To his gaining which thefe ufages ofth'Arch- bifliops were great flops , drawing fo near an equality , and fo pregnant teftimonics of his no-divine right to , , meddle Ghap.IIL of the Church of l^n^.:ind. 23 meddle here, noteafy to be removed, unleflc fomc from the Pope Mere admitted into the Kingdome , that might at leatlgivc an cHay to the guiding the Englijh Church after the papallintercft: but that, howearnetUy foevcr prcl\ , came to no cfi'ecl: till 1125. lohannes Cre- mcnfis . a pcrfon well undcrilandinc^ ( asjv appeares by ^^'^'^^^^^^^ % ^ ^ f,- ', Vital IS fttf^. his carnage hx years before at Rams J the dehgnes ot 8:>2. Home, ? came to the Kino; in 7Vorma?/dy', where after ?^>mcon fome Itay , his journey hither was permitted; with ^„,;.ii2j, whatqualifications Ifindnot; but coming with Letters co/. 151,61. xo Canterbury at Eaftcr , performed th'OiTice of the day in a more eminent chair as an Archbifliop, for fo I En2;lifli loco ftimmiVontfflcts , accordino; to the^ phrafe ''^^^"^^^- ot thofe limes, and , though a Cardinal! prieft, ufed/;/- pan.ni,^. fignus Pontificalibusi\\t habitofaBifliop : which being ^^''^- ■^"'^<'' t> an unufuall novelty, paft not without fcandall. Rut 1665,5". in acouncell which he held and prefidedin 'xxLondon , bi««//Mu«fl- the Kingdom took more offence: I fliall deliver it in tcm jS/7^ my authors own words-; -^'^sn?//?;/? AngliamDinon ??iodi- c Gcr. Doro- c.xmcommozit tndignationem\ Vtderes Cf2imrem e/itenus bcm. ^cl< regno K_Anglorum tn/iuditam , Clericum fcilicet Presbl- ^^6^ 4a. terutsntumgraduperfuncfum, Archiepifcopis y Evifcopisy Ahhatihus , totiufque regn'tnobilibus quiconfluxerant , in Jublimi folio pr^Jidere • tllos autem deorfum fcdentes , ad nutHmejusviiltu &-A.urtbHs animumfufpei'fumhahentes. From whence we may conclude it a thing before not heard of , foranyLegat, though a Gardmall, topre- cede Biihops, (thefirfi: Councell in which they prece- ded Archbifliops I take to have beeii the Councell of Vienna 1311. where th' Archbifliop of Tork v^ noted to have been placed ^/'r/wr/j-d^^r^r7^////j ^(9/? Gardi?7'a- ^Tliomas] j les , & poft Trevirenfem Archieptfcopnm-A or be featcd Stubs, /if?. in a more eminent place over riiem; ( I havC ^ flrcw'd f^/. 1730, jo. they did not Ilibfcribe in Englifh Co ancelis ibt)ve themj ) c su^ra n i %. that thefe mutations were fcandalous to th^narion. 23. As iWs -is thcfirftEcclellaftick Synod called and managed 24- AnHiJloricall Fmdication Chap.IlI. f^Hsii"- managed by any Lcgat from Rome-^ lb before his cre- Dunclm. col. jentiall ^'Letters from Homrius the 2 . as well to the Lay gioi»xxi.i5, as Clergy, I have not met with the Text S Pafce oves ii7. meas ufed to prove him the gcnerail Paftor of all the m«^4»^i5.' World : ic is iraOy Pafchal:s the 2. ^Ucn years before ufes o.^nn. 1 1 1 5. it to prove his auftority over ^ Bifliops ^ but neither doth iEcflefumn ^ ^^/c/^^ 1095 . produce it , neither doth thisCatdinall k Eadmet. 2iO Rcims 1 1 1 9. mention it , though either of them did ^/y/.ftfp.2 Bcllarm. Ub, 4. dc Ecclef. c.tp.S § }<4/;c»,5cc. E ill 26 ^^^ Hisioricali Findication Chap. Ill . in the Chvuohoi E^^gUni , and no conrroul from Rome^ it would not be eafy to difpoffeQe the Aichbifliop o£ medhng with , by ftrong hand , cfpccially on an effay made before in the cafe of Wilfred. , it being affir- ^o4^u^ mcd , ^quod ejfet co?}tr.trationcm y hominijambis k tota Malmsb.yo/. i^figlorum Ecclejia dAm?%ato ^ propter qudihet K^pojlo^ licajcripta. commumcare : the way therefore of making him the Popes Legat was invented , by which thofe par- ticulars he did before without interruption of his own right, he (whom it was not cafy to barre of doing, them) might be faid to a ^: foft received for one , but * w^ tmd^m fro re'verentts . " ^'' ' "" pomhi Chap. III. of the C^HYch ^/England. 37 jyomini ?ap.c. He indeed \vc nt farther then ever any had, for he not onely called the Clergy Jpojloluaau^hritatc ( as our Hiftorians terme it ) to a Synod , ( I confeflc he cvoyds the word in his letters of fummons, (lyling it ^colloquium , perhaps not to enter into difputc with the ^orob"' King, who then took himfelf tobcthe onely 'caller of «/. r?46,^8 them, and theallowcr ofwhatthcy did) butdidfar- '£''^<^"i"- ther command the Prior and Convent of CanUrl^u- ^'^ '^^-^'^^ rjy &c. ^ to chufe fuchan Archbifliop, cuifacrorum wCerDor. canonum auftorttas tn nullo 'ualeat ohviare , cut compro- *'•"*• ^' vtncialcs Epifcopi pariter dcbearit sjfentire ^ & cuiDomi- nus Rex necpojjit nee debet ajfcnfum fuum jujle denegare : but farther not at all intromitting himfelf. And in the Conncell he held, amongft other particulars, he ordai- ned , that if any injured an Ecclefialtick perfon , ^ 2^fi ^^^{;^^- g^^ ten 10 adwonttus fatisfecerit , anathemate feriatur ^neque rob.1548. €?» quifquam etprxter Romanum Pontiflcem ^ titfi mortis ur- Ri^art^- Ha- gente periculo, modum fcenitent'tdt finalis injungat. This ^ '^ is the hrft that by Canon, ought donein£«^//?;/^wasre- ferr'dto i?6iA;7^,as having a greater power then i\\zEngiiJh Bifliopstoabfolve; (of the Laws of Z/^;^/. the i. Ifhall fpeak <> hereafter. ) But whether it were not here much »«.so. regarded, or tlV exceflcs ufed by Kingi'/^/>^^«againft certain Bifliops, and the prohibiting a Councell held ziWincheJier ioicndtoRome , as Pagainft the dignity of \l\^^^\'^'^' the realm, orthathe freed of imprifonmentdefired to b. 54»sy. make fo potent a party, as the Clergy then Vv^ as, more of his fide, I cannot fay ; but alTuredly it was again renewed in a ^ Councell 2it London about fome four years after. ? T ,1^" "% 28. The fame Pope 1139. conferr'd u^on Henry ^ Mn.u^i, K. Stephens Brother , and the potent Bifhop ot Wtn- s.Si^ph. (hejler , this Lcgatine power , which was by him pub- lifli'tin a Councell at Wtnchejler , where his faculties r Malms. /(»/. were read "^ bearing dare the i. OMarch-^ and being as I^q^^'^o- wcWf L^nglu Domtnus byieafon ofthepowcrheheld {obctn.col- with Stephert y as jlpoJloUcjt fcdis Legatus ^ he called u^S'^^* E i thither Z8 AnHijlorkall Vtndkdtion Chap.II J. thithcrth'Archbifliop that had then fome conteft with, the Monks of St. ^^ugnfiines , (whom the Pope gene- rally favour'd againft him) rcfcrrd to hisdecifion from AV^.Thoinc Rome , fo that he caufed both parties the ^fecondtime fo/.i8)5,32. to appear thercbefore him 1 143 .asLegat, and by com- promife ended the bufmefle. Yet this calling of the wGervas. Archbifhop " imto him was not taken well : and the cT,\6l\^Jx^, fame year 11 43. he did by Apoftolick command re- ■jndignatM AotQ lenmji , tcmovcd by ThcobM , (notwithftanding rheobAld, j^g appeal to Rome ) to be Prior o'i Canterbury : which re- ftitutionthefaid Prior did not think fit toftand by , but for avoiding trouble took an 3 00. marks to pay his debts , and placed himfelf in St. K^ugujiines. By thefc carriages there grew great diftafts between thefe two • great Prelats: the one as Archbifhop prohibited Win- *.iokan. Ha- chejler^ allEcclefiaftick functions, however the Popes ^u^zfn- ^^S^^j and bothapplythemfelves to the Pope; from ifrdixit 'Eft- whence our Hiftorians do fetch the ufe of Appeals to jco^o, Bpifco- Rome:, as indeed there could not well be any caufe of ^lUtluoffwum, them before : for as the one cafe is the firft ever any Archbifhop was called out of his Diocefe to make anfwer to any Legat as his Superior ; fo I believe it w ill be hard to give an example of ought done by tlV Arch- bifhop in his ownBifhoprick till now alter'd by a forreign audority. And here, having mentioned the introducing of Appeals, the reader will givemeleavetodigreffea little, botJi to fhcw what is meant by them, and the man^ |K«»;, 40- nerof profecutionofthem; andthen ytoreturn,andob- ferve the event of the Archbifliops and Legats in the Comto^Rome, 29. It cannot be denyed , the wofd Appeal to have been ufed informer times with reference to the Papacy. .-jMalmsb./. \ Cum ptAfulfedcm yipojtolicam appellaffet, fayes Mdlmf- 1 49, a. 50. y^^j^y oij/yilfred', and aCouncellheldin //J/concern- \^i^ro^c^\n '"S ^i""* > * K^poJlolicAmfedem de fud caufd appelUns : and Chap. Ill o/thcOmrchofEn^hnd.- 29^ andfo of fome others. Yet nothing is more certain then thofcin whole time this was did not at all hold the Pope to have any power of righting him , other thenbyinter- ccfTion ; not as a fuperior Court, by ("entencing in his favour, to undo what had pad Thcodcrc-, (* without *5tubsfir whole aflcnt the King could not have deprived himof £^'^,^y'''^/^/' hisfeat,) for when the Popes ^ Letters were brought 1^91. 10. hitherforhisrcftitution, E^^frid, withth'advifc of his \^'^^'-i'^' Bifhops , not onely refufed, but clapt VVtlfrcd'xw pri- fon ; and after his death the ^ Pope fending others vita, ci^'<^/o/. graves & afpeBn honor abilcs , Alfrith though hcrecei- ^^"^'^ '^^* ved the men with great reverence , yet would by no means admit the reltauration they came about , butaf- firmed it againll: reafon to doit (behaving been twice cowdiQ,vc\'c\zdi) froj)ter (iH^lthet Afofiolicafcrip^. And as this was in a time when Chriftianity mod flourifhedin this Nation 5 having ingenerall ^ forttpmos chriflianof- ^^^^^^ ^'^•4. q^ue Reges ; fo of the Kings that did it , of Egfrid ^ Beda c jij^ud left, that he wcispiifi^us &'DeodUecfijSimus : neither Malmsbur./. can he find any other thing to blame in o///9///^worthi- ^°" »^^'3^* ly , and the Bifhops that did /concur in the aftion were /Stubs4;«(/Ead. yeariii5.l^P^j?/74//Vthe z.expoftulates with//^;;r>' thei, ^'^" xhdLt^lullHS tnde clamor ^nullum judicium ad fedem K^po- -I p.iis. Jiolicamdejlinatur \ and again, ^ vos opfrefis ^^poftoUcA fedts apfellationem fubtrahitis. And A?:felme himfelf (peaking ofthe proceeding ofthe King in a cafe by him efteemcd onely of Ecclefiaftick cognizance , lays down M- 25,+i. the mannertobe, that it fhould be onely" ad fingulos Epifcopos perfuasparochias , aut (lipfi Epifcopi in hoc neg- hgenles juennty ad Archiepifcopum & primatem ; ad- ding nothing of carrying it to Rome^ ofwhich I know no other reafon , but that it was not thenufuall to remove caufes from the Primate thither. Yet after this, either the Henry tht importunity of the Pope prevailed with the * King , or the pafTage was inferted after his dayes into theLawes nTabiani E- catry his uamc^ (as fome other in the fame chapter may j>i/?.j.ci^sixti fcem to have been ) but certain in them though he give toncTl.^c^ f^^ a rule that of Vo^c^ fabta^i or Sixtus 3. ihifcmper ^^KrfGratian. caufa agatur uhi crimen admitiitur, yet a Bifliop erring €_i.q.6.ca^.i. jj^ f^ifi^ ^^^ Qj^ admonition appearing; incorrigible, «f 5.^.178. ^ adjummos Pontifices{x\\c hxiQhb\\\\0'ps)v el fedem Apo/to- ^*- „ licam accufctur. This is the onely cafe wherein I find oife. Hen u , ^ - ^ . •' . ,. %i»i I ^9t 9. ^^y Englijh Law approve a forrcign judicature. 31. But m *1 Chap. Ill; of tk C/mc/j o/EngLmd. 31 3 1. But whether from the countenance ot this Law, orthegrcatoppreffionsulcdby ihcLcgat ^\n2,Stepher2S Brother, or the frequency of them, it is certain, 1 1 51. Appeals were held a t crucllintrufion on the Churches P^""f; R Liberty 5 (a as in the Aflizc at Clare?idoun 1 164. coU aUi. lecled by the body of the Reahii, '?thc s. Chapter is -jGcrva?. folely fpent in Hicwring the right of the Kingdome in ^^^^g""^" that particular : \\\\\c\\^ Johannes SarisbHrieyjfis inter- lEpi/i. ms^ prets , c^tiod non appellarctur pro caufd abqud ad fedcm ^^^' ''>^' K^pojlolicam , 72 ijl Regis & ojjictdtumfuorurn ventatm- petrata. Upon which the Bifliop of London moved c^/^,v4»^^r the third, ^^r/v// caufe might be determi- ned / 4:^^^/^//(?«^ remota : at which the Pope feems to /Gems. Do* be moved , and told him , h.€C esi gloria me a quAm alt en '°^ /^"^'^ nondabo. And though it feems by a ' Letter of the fame t ^^ud Ho- Prelat, the Kino; would have rcftraincd his power one- '^^^^^"v^T^ ' i^ r ^ ii66.ja.2 8 7- ly to fuch as had tirft made tryall of receiving juftice at b. 44. tius 3"'occafion to write, f Non excufxre te votes ut de- /Hovcdcn. bes ^ quoiUltidpnvilcfittini tznoraris -, per quod onnitbi^s -^"^-^-zof. t?ijiijh gravatis factiltaspatet nd fedcm ylpoJloUcam ap- pcllandi , cum & tu ipfe altqua?2do ad /lojlram audicntt.im appellaris r, and a little after , 7^c atuhritatcm nojham attendis , uec f.xciam iihi gratiam recognojcts , 7icc nppelLt- tiombus dejcrs qux interpofiuntur nd fcdem Apojloli,- cam ^ &c. And about thelaiiietimeS Robert Khhoioiz Hovcden, Thorr^cyy dc^okdhs Hubert tlV Archbifliop , waslaid yj'",^ ^^3*,, in prifon a year and half wiihontany regard had of the Appeal by him made to the Pope: and this to have been the practice during King /i/r/74r^j time, the continued quarrells of Popes for not admitting men to appeal un- to them doth fully adure as. S I >^\.\t Innocentius ^""^ having prevailed againft King lohti , and the Clergy great inltruments in obtaining (J\tag?ia Chnrta from that Prince, either in favour of them , or for fome other rcafon , there was inferted , ^ Liceat untcuique de c^tero extre de regno ?ioJiro & redire ^ j^ajrna fdvodrfecure per terrarn & per aquam , falvafde nojlra, chamapui ntji in tempore gucrr.^ per aliquod breve tempiM : which ^^^^;.^^"f claufe feems likewife to have been in xhdit oi Henry Lovd\6^o' the 3. to his Fathers »■ m nullodif^imilts: after which it is iMat.raris fcarce imaginable how every petty caufewasby Appeals pr.^3lj^ti. removed to Rome , and th' Archbfliop forced to appear before any had the leaft audority from thence. The Popes themfelves wife men faw th' inconve- nience, that thcfe carriages mud end either in rendring tlV Archbifliop contemptible , by taking all powerout of his hands , or the Realm refume its ancient right , and prohibit the carrying ought beyond Teas, or admit- ting any Legat into the Kingdom ; thought of the way of granting fcverall priviledges totheArchbiflioprick , which firfl began about the time oi binoceuttus the 2. w horn others followed. 34- Gregory \.]\Q, ninth therefore moved by one of J them 34- An Hijloric all Vindication Chap. Ill them (which fcems to be St. Edmund) writes thus unto VTnlUGiz- Www : ^ It cum appclLtt touts remedium non nd defcnfio- ^^«o Ms'^a" nemmdign,i?itiHm , Jed ad opprefforum fubjidiu?njit in- intcramnx njcntum, yct th' Archbifhop attempting fometimes zj.iumi , cxcejfus corrtgcrefuhditorum^ qutdam corumt ut ccrrcft^G- ^ ' nem ejfu giant ^ appellationes frujlratorias iriterponunt ^ cj^Hibus Ji cite pro r ever entia fedts K^poJloliCi& humi liter defer at ur J tlUex tmpunttate deter'iorcs effect pejor a pr^- fumunt , d"^ alii eorum exemplo redduntur ad vitta promo- res ; unde humilitcr poJiuLijlis , (3cc. — ut providere fuper hxc fulita diligcniix debercmus : ut igitur aucioritati tua Vi reciis difpofitiombif^ nihil tali pr^textu deejfe contm- gat , fratermtaii tux praferjt turn aucloritate concedrmus , ^TrivolaAp- /// , non ob ft ante ^ frivoU appellationis obje^fu^ libere va- pclUtio qiicf i^^^ i^ corrizendis fubditorum tuorum cxcef^tbus officii tui dicitHr,yidc i / ■ j jj Lindwood debitum exercere . ^^'^^^^^^ Pontif. nono. 25. 36. .'. Andbecaufeth' Archbifliop had on manyflight *s»c 7V1S. occafions been drawn beyond Teas , to the creat im- jcdle?endum .^-,. ,,_._ ',, ' ^ tu3E. poveriiningth Epifcopacy, the fame Pope two months .-. ^tPctu- after writes , Ea propter, venerabilis in Chriftofrater, tuts \\\xvs\6Mm r 1 ■ 1 ■ 1 r ■ <-t ■ izx^,' juppiicationibus tnclinatt ^ jraternitati tux aucioritate prafentwm indulgemus , utper lit eras \^poJlolicas extra Angliam; Chap. III. ojthe Chirch o/England, 35 Angliam /;^^'//r^/ non^vdcAS conveniri , ni/ide i?id:ilge?}tU hujufmodi fecernit e.c liter si mentioncm , dut ^cr te nliquod faflt^m fuertt per c^uod fit indulgentix huic dcrogattim. D.ir. Perujii 4. Non. yl/.r//, Pontilicat. nono. Innoccntius 4. /// jiullus fine fpecixli Apostolic a fedis ^ \fpi^}^.^ licentia , prxter Le^ratos ipfus ah ejus latere defliiiatos , tn perfonam tuam prijumat exccmmuutcationis fententiam promtdgare. Lugduni 15. Kalcnd. Or7^^. Pontif.4. 3 7. It would be tedious to repeat all the bulls found in thcfaidold MS. and other books fincc 1 130. (for before it lecms there was none in this kind ) to conlcrvc fomc power in tlV Archbiflioprick, yet io as it might ever depend on 7?^/wr;and how much the Papacy gained by thefe, ev^ery man ^cqs. I. The right of th' Archbiflioprick was, none by ap- peal might remove any Ecclefiaflick caufe from his judi- catory : the Pope grants , he fhall proceed notlvith- fl a-f I dtng a frivolous Appeal. II. The right was , he'^as not at all under any Legat : See before the grant is , he Jhouldnot be tjedto anf-^er , if they didnot "' ^ ''" mention his dignity intheir citations. III. The right was , hefhould not be dralvn beyond the feas (of which inthencxt:^ thegrantis, hefhouldnot be compelled to go , unleffe mention "^ere made oft hat Bull, IIII. Thcqucftion was, i^hether the Pope might ex- c^p.z.n.ij. communicate any 'within the Biocefe of Ca?iterbury : the grant is , None but a Legate de htcvc fhou Id th' Arch- bifloop. Yet certainly Popes did what they well could , retain- ing to thenifchxs that vaft power they then pretended, to confervc in the Archbiflioprick fome audority. 38. But the frequent citing him and others out of the Realm, and the carrying their cauics to 7v^;;;^, did not at all fatisfythefubjecljwheLXupon the body ofihe ^.«,/Mac; Kingdome, ^ in their querulous letter devifed and fcnt p^ns/'cOj. by them to Innoceniius 4^"5- 1245 , (or rather to the j. F 2 Coun- 36 ^nHiBo kail Findicdtlon Chap.III. Councell at Ltons ) claim as an efpcciall privilcdge. That no Lcgat ought to come here, but on the Kings nXo/f,t:.isis j^^f^-c , n cr nc quts cxiYo. YCQuum trahatur i?i caufam- i:x copy of ^^"^^ ^^ ^^'^^ rc vil.mg ot Magna Chart a by EaT^ard the nm , t is icttti in the former claufc was left out , (ince when none of the wi!ich*"is Clergy might go beyond leas but with the Kings leave , found in o- as thc ^ writs in theRcgifter, and the P Acts ofParha- thcr MS. nicnt allure US; and what is more, if any were in the COpiCSOfthc ^ ^ 1 Tr- 11 1 1 1 fame, t^% m Couxt oi Rome y the Kmg called them 5 home, not per- onc iry mitringany to go or abide there longer then hispleafure. fri/nd xK ^ct I do not fay thefe times do not furnifli examples of W'". Dugdxie Appeals or recourfc thither, or receiving commands I'^^rffi ?'lr'^ ftom thence: I know the contrary : but it wasonely the Book it betwccu thofc , audinfuch cafes, astheKins; f holdins^ \a w"S' good corrcfpondency with the Pope) and State did ci- iC^croiim- thertacitely connive at, asm matters of fmall moment, •oitis inne, in or expreflclv give allowance unto ; for if othcrwifc , no fo]M7!Und pcrfon was fo great , but he was forced to gain his par- ought to be don for the offence. To which purpofe tlV example of in all: form ^|^^ "^ rich Bifliop o^WincheJlcr may not be unfitly rc- tiA ^n^ii^ membred , who being a Cardinall ofthe Kings blood, fent to the xv^as employed by CMartyn the 5 , as gcnerall againft the i^'^^.^oiKis Bohemians, and to that end ereftcd the Croffe 1429. 9«o time, upon the news, the Arehbiiliop oiCa?}t. gave the King notice ofit , i.n a letter yet extant 5 which did to ariect that Prince > as he was fometimcs heard to lay, * that he "f^-^^^ -o- had as licvejet his crolvn hcjide him , as Jce him 'Wear a Car- j-u^^' ^'^^^ dmalshat. But he being foon after taken avv^ay , and piniiu made the honour conferr'd on this Prelate in /.v<^tf 1426. by ^Vj]"^ ^"^''" (J^lariiu the 5. at his commgmto £«^/4«^ ,tne Lords gainft the of hisMa^i" Councell cauied huii to make a Protcfta- i"^»,^ Cardi- tionfor his comportment in the future; and the 8 ^^^ of ^'^^pjct.p!:r Hen. the 6. it was agreed by the Lords in Parliament , s.Hcn. c. he fliould be on the Kings part required to attend his '^* ^'^'^ Magics Counfelis , fub protejlattone tar^ien fnhfequente , qt4odquoiiens aliqua , materia , cauf^ , 'velfiegotia iffum Dommum Rcgcm aut regna/^/^ dominia iua ex parte una J ac fidem K^poFhlicam ex parte altera cone ernentiA, hujus cone tit I rcgiis commmiica^jda & trachanda fuert?tt y idem Cardinalis [e ah hujujmodi co'nfilio ahfentet ^ C^ ^om- mumcatiom earunden'i caufarum , mat eri arum , & nego- tiorum non inter fit quovis modo , &c. and yet his former engagement made to the Councell to be firme and in- violable. Upon which thefaid Cardinall the 18. of December 8.^.6. Ann. 1429. after his thanks to the King and Lords , and his admitting the faid Protefta- tions tanquam rationt co7ifonas , was received tor one of the Councell. But I return to that I was treating of. 39. The truth ofthis barring Appeals is foconftantly averr'd by all the ancient monuments ofthis Nation , as one not finding how to deny k , falls upon another way , ^ that if the right of Appeals were abrogated, it ^pi"{*f^ ^"^^^ concludes not the See of Rome had no jurifdi^ion over EnoUnd pa^, this Church , except one fliould be fo fenfeleffe as to ^74. imagine the Prefed of the Prctorian Court were not fubject to th'Emperorsauclority,becaiifeit was not law- E 3 fuU dor. lib. 6 58 AnHifiorical VtndicMion Chap. III. full to appeal from them, according to the Law in the ff de^ojfuio t DiiTefts. To which I anfwer,that if it be Gji'anted (which tor.ie^. unica. is vcry difputablc j thisLawis tobeextendedtoth'Em- ^V''^a^'o- pcror,yet it proceeded from himfelf, who might limit his own power: but he is defircd to confider, this ca- non of Appeals did not from any Pope; for the y^/r^;^/ did , and the Church of Enfriind doth maintain it as an inherent right of their own , to give Laws in that par- ticular , and ever had ftrong contcfts with the Papacy about it , which held it an honour not to be parted with; and they oppofing him in it , mud of neceffity have held that fuperintendency he exercifed over them not to hcjuredi'vinoy for then no man could have exempted himfelf from having recourfe imto him. In France there are feverall Courts of Parliament from which no Ap- peal lies , who receiving that priviledgc from the King, it cannot be faid to be in diminution of his Royalty , be- caufe thatthey have, he gave: butifeverany of them (hould claim this as of their own right , denying the King tohaveat any timeapower of intermedling with them , I (hall leave the objedor to draw what confe- quence he will from it; for my part I can no other , but that they eftecmed themfelves very little his fubjeds. 40. The reader will pardon this digrcfllon , which I have the longer flood upon, to give him the more full fatisfadion how Appeals were firft brought in, and how purfued; I (hall now , in what manner theLegat and *n'so^^°'^'^ Archbifnopprofecutcd theirs: who being "both before X lohan.'Ha- Lucius the 2.11 44. the Bifliop of ll^tnchefler was * dif- guiftad. cqX. niifl his legatine commifTion; and the Pope finding with J''^^'j/' " * how great difficulty the Ecclefiaftick affairs of this King- dome could be managed by any Legat without the Archbifliop oi Canterbury ^ thought of a very fubtile invention to conferve his own audoritv , and not have any croITing with that Prelat, which was to create him and his fucceffors LegaUnAti\ by which ^fuch things as Chap. III. ojthc f/?//;T/:^o/" England- 39 as he did before , and had ataccofentcrfceriiig with the Papal plenitude, and were not lb ealy to devell th' Arch- bilhop of cxerciling , he might be faid to do by a Le- gatine power : of which it was not long before the Pope made ule , as is to be fcen in his J Dccrctalls-, where yDecffuio i^lcxander the 3 . reiolvcs he could not heary//rr^/>^/r^- Legmc.io.i. -politico matters Epitcopall that came not unto him^^r appclUtionefn , (that is in a legall way) hvx'i jure Lega- tioiiis he might fuch as were brought unto him onely per qtixrimonum : an invention ^ often practic't after- zT/Vt- to- ward , and hjo-hlv advanta<2;ious to the Court oiiiome ^ ^^^^j^;_^ff >;;'•« hCQlt], Gnui- as what made Bifliops but his Deputies. un.^'tg. 9,s. 41. Thz^^s^ntioi^Hitatc's Britanmca Ecclef. and from concii. Tn- him ^ Harps field, fpeak as if this honour were firft be- J!^ f.'^ flowed on Theob.xld-^ which itfeems to me could not nnUnsaiusiQ. be, till the takino; it away kon\Winche/ler by Lucius ^'t' t-u I r I \ r r aJ;zTneo- the 3 . after the death 01 Innocent nis z. ^ Dice/onycSy C^- baido;). 115, lejlmusi. (about fomc ten years after Z/^^///j; bellowed 4-.e^ir.i57-- on Hubert plcmtudtnem pot ejtatis t"n ojju 10 Legatio?us fa- p. ,,?; ,, atidit^rrt h/eculis. I confeffe I do not well underfland in c Ann. 1 195. whatitdid confill , that had not been formerly heard of , ^^^-^79,7. to whom the Pope had committed^ Vices Jiias in Anglia ^Gcr.Doro- & Scotia-^ but itfuUy proves that power derived from ^"^"3* ^^* .'.i^^w^was then looked on as a thing newly crept in. But .-.ThcBifhop whofoever did firft confer it, the matter is not great ; ^!^^^i^l^^' certain it is , by it the Papall auclority was not a little in the i . acqui- time increas't, there being none of the Clergy almoft ^^^ ^^'"^ ^^^^ to queftion ought came from Rome, the Archbifliop, -Dor^hern. on whom the reft depended , himfelf operating but as col. 1565,46. a Delegate from thence. f"^^^,^/^"g ~ _ niiiucir ex- 42. To whichpurpoleitmay not unhtly beobferved, poftuiate^ia that when the Papacy did firft attempt the exempting Hovf^^^with feme great monafteriesfrom thejurifdiclion of their Or- ^ 'JJ/J t^atk dmary , it was *" falv a primal ts revcrentu , or, as Malmf- cuit 1 500. marks, //fl- Vft/. ^««. II 90. cof. 3 So. b. 14. So that the Court of Rome knew how to turn this , not- wiihftaading aiJ oppofitign) to its n© fmall ad vantage, f Eadmci.^2; 3 +, Malmsji 137.3.5^ bury 40 An Hijloricall Fmdicdtion Chap. II I . li:*ry explains it, ^^rch'tcpifcopl t.mtum nutum inlegiti- mis fpe^Aturtis. But however thus carefully penned not to thwart with th' Archbifliop , being brought hither was taken away by X.v;;/;^-^;^^', not permitted to be made ufcof , the Abbot findinjr no other way to rcG;ain it And. iin.:7. ^^^^ ^ multorumprcccs, \ et afterward the Pope without fcruple exempted them not onely from their Diocefan , but even fuch as were under th' Archbifliops nofe , with all pertaining to them , were taken out of his own jurif- dicliOH; and he who at firftpreferved others rights, had \w{li\tz- ^'"^ofe houfes now at an § cafy rate removed from his f//?. t%, own. A fact of infinite advantage to the Papacy, by which it hadperfons of learning in all parts, who depending wholy on it, defended what was done to be by one had A Eadmet. a power of doing it ; and he who at firft did folely ^ agere f G. Dorot. '^^^^•^ ApofloUcas tn Anglia , Was ' under no Legat , per- "/. 1^(53, 55. mittednoBul from7^i?;j7^to bemade witoi'iwEngLmd, but by his approbation , was fo far now from taking L^at ^-z^ them away from the bearers , as ^ private Clerks by de- jp«^ *Gu- putation from thence did fit his fuperiors in determining JicJm.Thorn, differences between him, and others who byftrength " '^'^'^'' '■ were taken from his jurifdiftion. 43. After which, Popes having gained an entrance, found means to reduce the grant of Z^{7<;t//^j natu$ to no more then flood with their own liking, by inventing a :Lel!lil^ap ^^^ ^^^^ ^f Legat ftyled Legdtus a latere ( ^ by reafon of Giojj'.adyn- his ncat dependance on the Popes perfon J who em- hum Com- ployed in matters of concernment , at his being here the mF/WeGcr. powcr of the formcr flept :*« which diftindion of Le- Dorobern. g^ts fceiiis to me to havc had its birth after 1 1 go. firft €qu\Vi,l< applyedby any of our writers to ^'^ lohanncs Anagnitrus O' 1555,8- * Cardtnalts \i%9. by Hoveden-y which ftyle yet « others wHoveden, who then livcd do not civc him. Ofthis Lc2;atitisthat M377.a.io. P Henry Chi ch ley in :i\cttci: , yet extant under his own oDiccto col, hand, wrote to Hemy the 5. that Be infvecfionofLal^es 649>42. Get. Dorob, p Huhetur in v//<*Hcnrici Chichlcy «^ Aitfauro Duck editd.j6iy,. a?id Chap.IIL ophe Church 19/" England, 41 And chronicles Ti^as there never no Legal a IditQicc/ent tn to no londy and fpecially into your rengme of Tngitnd^ l»itoHte great and not Me caufe. And the t Hfhan thei camCy after thei had done her legacte abiden but Ittul Ipjle , not over a jer , andfumme a quarter or ij, mo?:thes as the nedes requeryd: K^-ad yet over th.xt heTv.u tretydlPtth or he cam m to the lond , l^phon hefchold have exerctfe of his polpcr and holp mychefchold bee put in execution : K^n avcnture after hee had bee refcyvedhee '^holdhave ufeditto largely to greet opfrefion ofyour peple::\s indeed if he ftaycd long, he fometimes gained the cenfure of being t^occultustm- ^Mi*ari« micu5r€gni\ butthis was not till the Popes had brought pi"Yi4^^. th' Archbifhops much under, by laying a neceifity on them of receiving the Pall from y?^;j^^ , and at the taking of it of making profeflion de fide lit ate & canomcaohe' dienttajthsLt is, had obliged them by Oath to defend rega- lia Sanfli Petri. Of which, becaufe I find th' introducing ( not much touched by our writers) a great means to ad- vance thisforraign power, it will not be amide to fay fomewhat; and firft of the Pall. 44. The Pallium (from whence our Englifh word Pall) was a garment with which the Profeflbrs of Arts , as Grammar, Rhetorick , CMufick , might cloaththem- felves (asitfeems tome by ^ Tertullianthzy did); yet r vt paIUb was held moft proper for fuch as profcffed Philoibphy : f'»?- <5. And therefore when a ^ begging fellow came to a /Aui.Gelliui noble Roman palliatus & crinitus , being asked what JSioff.^ttic. he was , the man half angry replyedhe wasaPhilofo- ^^^■^' "^•-* pher , d^ mirari cur qu^rendum putaffct quod videret : to whichthe Gentleman returned, Barbam & Pallium, Philofophum nondum video. From whence I gather, it was for the moft peculiar to them. So ^Eufebiusihzwcs J^u^^b. -ff^jt. on Her aclas t f'^'^r''P('V^'<'->^*^df^:/u%ta(:ing (heh.ibit ofaphilo- Q^ck fopher , notwithftanding his being a Chriftian, retained it :and//^.S. cap.z \ . at the martyrdom of Porphyrins a difciple ofP4;^y)/;//«/,hcdcrcribcs that , rji w /^r' r^n« 350. nounccdhim {^^awer^^mcdtnQ P/ill/»mquaJ^ per hoc fun. 1 1. h.ibere fejujlitiam credens, &c. Now from the danger of fupcrrtition of the one fide, and the being efpecially worneby Philofophers otthc other, I am apt to think it became in the end proper onely to fome Bifliops , who might challenge it as learned Philofophers , yet not at all likely to attribute more to the Robe then reafonablej and in time , either by collation of Emperors , or other- wife, appropriated to fome particular Churches, who having that mark , were after the feats of Archbifhops ^/^"^-T/?^- fo^^^^^^'^oft part. Por though y Alcutmsbo, of opinion fidtfcmioin-' the Pall is nothing but a diilinftion between an Arch- ter Arcbiepi- bifliop and his fuffragancs : yet , under favour,! conceive /fopMw ^ that muft be taken of th' acception of the word in the «m. Aicui- time he lived 5 notas ufed in St. Cr^^^rw dayes , who niisdeDiyinis g^^^^ ^ K^ugufltne at thebeflowing the Pall upon him quu}ign?fcm thetitleofArchbifhopnomorethenhe doth^Syagrui^ •peflimenta, B'lfhop of (^u/luf^ In Eurgundj ', which Town , not- Itfm^^Epifi. withftanding that guift by St. Gregory ^ was never reputed M- to have other then an Epifcopall chair, and fuffraganto ^C3reg./i^.7. the Aichbifhop of Zi(?;?i to this day. So that certainly, at firft, all that had the Pall were not ^^ nomine Arch- bifhops , to whom it became efpecially proper after the Emperor relinquiflit it to the Popes difpoling, who at firft no queftionhad agood partinthe conferring of it himfclf. AubeusH//?. 4^- The deed is yet extant by which /^^/^^;//;^/;f;^ber l^^a^ennx . ftowcd it On the Church oiRavenna.^k^owi the year 43 o. iidiA^cM, J know ^ fome, whofindnothow todeny it, hold this o?r5 52. an honourable veftmcm , fuch as Emperors them- fdves Chap* III. of the Church ^^/^nglalid. 43 fclvcsworc; wliicli opinion ^^.tr^;///^ juftly confutes, ctos.Ann. and i-athcr thinks it forged : ycthc, ^ citing out of ^^Z/- Jg^ron^t*'.?. heratus y that ^//;//7^^//;//i"cxpcird the Church of Con- Ann.^ia. ftantinoplc, Palltumquod habuit ^tmperatoribusrcddidity ^ J/ /V Ll- &dtfcejpty gives no gloffe how he could return to the bcrat.fijp. n. Emperor his Pall and depart, if he had nothing to do t9.z.c9Hiii. with it ; and it is manifeft , in Gregory the greats dayes , that Church did not onely prcfcribcfor the ufc of the Pall , but for doing it contrary to the will and opinion of that Father. And the fame Dodorelfewhere^ faith, he ,^' '^' ^^'^' had dealt apud piifimos dominos , the Emperors , to (end \\\\wAnafiafii4s,conceJfo ufuPallii: and afterward being defired by Brunichilda to grant i t to Syagrius , ( of w horn before) heflicws hisrcadinelTe, z propter quod& fere- gCtcg.Ub.i. mf^imi Domini Imperatoris prona voluntas e^ ^& concedt % ^ ' ^ hdtc omnino dejiderat. So that certainly, at the beginning , if Princes did not beftow it , yet it vas not done againll their wills ; which after-times did in Europe folely appro- priate to the Pope ; who yet gave it not againft their li- kinc;: as *Luciusx.hc -.fendingitto theBifhopof ^/;^- *Dicetd chejier y whoyetncvermade ufe ofit , teachethus. co/. $08. 47. But what this Pall iniported , or what the re- ceiver had ofadvantagebyit , writers I think do notal- wayes agree. ^ Ijldorus PeluJIota^ who writ about the hiiiKT. b- year 43 o, is of opinion , the Blfhop, as a type of Chrijl, ^/^*on. \tl. wears that cloak of wool, to (hew himfelf imitator of ^nn. 216. the i^reat fhepheard that will bear the ftrayed fliecpon "i^ctto. 7. nis moulders. ^ St. Gregory fayes, it fignines humility, i Ltb.y.E^ijf. juftice,&c. I have fhew'd before ///^«/««i- his opinion of 129. indtc. z, it. Butwhatfoeverfignificationitwasatfirft thought to carry , certainly , the necefilty of fetching it from Ro?ne was not fo urgent , as inthcfe later the Papall intcreft made it cfteemed. Wc do not read that ^\q.x. Lauren- i^jtitj^cjmlr. tiusor CMelUtus received thence the Pall; yet no man itb.z.cap.i. doubtsof their being as lawfuU Arch bifh ops as ^.^z^^"^^- Hovcdy4«». jrt^^e was. ^ Giraldus Camhrenfis and Hoveden agree , the b. G 2 Bifliops ^ji^ AiiHiJloricall Findication Chap.lIL Biflicps oi St.D/ivids'mWales A\di ufethe Pall, till ^T^;?;- (on^ about the time of the ^^^v^/^y, flying from an in- fection, cari-yed it with him; yet neither of them report him to have fetch't it from Rome : nor after the wantins; it, did the reft oftheBifhops there either refufehis con- fecration , deny obedience to the See , or make profef- lion to any other, before //^;/r)' the firft induced them by force. But to come to the Saxons : after Paulinus, there i.Thom. arc five in the Catalogue of Terk expreffely ^faid to ll" Jnhiepi' have wanted it, (amongft which Wilfred, that ^ ruled all fcop.Ehor. coL the North as his Biflioprick) yet are reputed both Arch- ^^o^'j ^ii . bifliops and Saints: and of others in that feries it will tap. 20. Vide notbeeafy to prove they ever ufed It. L^/^^r/«j thes. lib.^. cap. 1 2. Bifhop about 76 7. had it not till the feventh year » accept i «cIm/H/>i/?.' Epifeopatus : nor ® K^dilbaUus or Ethelhaldus the i m^, dd Hiigonem A?mo S 9 5 . till thc fourth year pofiquam acceperat Epifco- TSvxhs^^l. P^^^^^' ^^ undoubted argument that C^inonoi Fetagn^^ 1697, 15'. recorded both by P Ivo and ^ Gratian , that no Metro- eJindcoi,79f politaue fliould defer above three months fending for 35*98,57. it to Rome, was never received in this Church. ^ Gre- pPdrt. s.wwt ^^rj the great fayes , it ought not to be glwcn^mjjfoy^ifer o'vifl. 100. poJluUnti : and the fame ^ Father with a Councell at f^p.r . Rome K^nno 595. decreed , pro pallto omnino aliqmd dare iLib.j.nptn. pf^oi^iy^o. So that in thofe times the one fide perhaps did iLih.^.'Efifi. not much urge the taking of it, nor the other greatly 44*i»///, 59. with them , and many more; of which el(c where : all ^T"'^'/^^^* which being excrcifcd by him , were never queftioncd Undo, during his time, nor while Z.t/vyr^^/;^ lived after him, (though he hath been ever reputed an holy man.) But K^nfcime fucceeding in his feat, great contentions arofe between him and VVtUiam thefecond : The^King with ^E^'^^^fr* tkc Nobility prcfllng him, as the ufage oftheRealmc, p^f/W^*^^' G 3 not ci Ihid. 52. +6 ^AnHiFioricall Findication Chap.lIL not to depend on i?(?w5- fide , ^ declaring all fuch cuftomes to be contrar)^ to Divinity, right, <5cC. chofe rather to live an exile all that Kings time , then any way fubmit to thofe cuftomes, had been pradis't , never difputed or queftioned by any Archbifliop here before. 50. But, that Pruice being foon after taken away , and Pafchdlis the 2. fucceeding almoft at the fame time, (confidering, asitfeems, by what weak bands forraign Bifhops were tyed to the Papacy , how eafy f LanhAnc. jt was for thom to fall from it ; that ^ Gregory the 7^^- was .05 coU. ^^^^ fatisfied even with Lanfranks carriage in Epifcopali honore fofitus y who reftrained his obedience to cano- num prscepta-j that x^nfelme alone had oppofed the whole body of theKingdome; that every Prelat might be neither of his temper or opinions , ) framed an oath , f fo/.663, 5. ^Q_ cfFed of which you may fee in Diceto ^ Ann. 1 1 9 1 . volJ''r'^^rci'7ii ^ ^^"^ ^^MAt, Paris and others, the "^ full which every Arch- the lives of bifhop at the reception of the Pall wasto render. Atthe the Abbots teudringthis, one m Sicily made a fcruplc of taking it, regnUm , and ^s that 7S(jc dh K^poJloUs pojl Dominum , ncc in conciliis in hU Hift. inveniripoj^ejiatutum \ the like did fome^ in Poloma : to rr^lf/l'/both whomthc Popeanfwers,asincap>y^;^//?<:^;, objur- ihould be gatorily , quafi Romans Ecclejix legem conciliaulla pr/t- ^^io-^^^>\^}^^ fxerint. Andcoing on withthe dcfigne , whereas at we iind It at "^ c o o > the end of thc aCTuming of this Pall by K^nfelme 1095.it was no thcCounccll otherwife then thus , » Pallium fuperaltare delatum ab of Vienna, ^ ri rr n i i 10.4. cQfiQil. ^<^nJelmo njjumptumejr y atque ab omnibus pro r ever en- gen. Koma tia SanUi Petri fuppliciter deofculatum, &c. at the taking 16?! a^cc- ^^ ^^ ^y Raulfi 115. his immediate fucceffor , we find it ing with an with this addition , ^Sicque delatum fuper i^ltare fal- ^l^ ^^^7 ?^ "vat or is pallium ejl y & a Pontifice inde fufceptum , fafta havcfecn in th* Exchequer , which the Decretalls^^/«re j«)'4»io cdf, 4. read thus: Pa- fatum 'Koman took, reads it rightly yf^(i/»4. ^ Baron, ro, iz.^««, 1102. w.6, 7, 1, h De eleHione C^ ek^tpoteftate ca^, 4, i Eadmci. f .34> 3 3 . k Eadaicr. p. 113, 45* prius Chap. Ill, of the Church of Y.n<^:[n± ^7 prius dc fiJclitatc & canonica obedicntia profcfilone. Vct'ide pro reverentia benti Petri ab ommhtis dcofcuU- tur ^ 6cc. Which prot'clUon bcinu never met with as made by aiiyArchbifliopofC^w/. before, but frequently alter by fuch as were his near fucceflbrs , as ^ Tho. Beckett ^ f^^^^^^^' B.ildiprae , (5<:c. wc niuft conclude him to have been the Dorobcr. col. firft from whom it hath ever been required. 1 know.-.z;r/- »507- 2- Lirmtne interprets a Bifliops returninf^ out of fchifmc -'^^^ fi**' 602. and voluntarily by oathpromiung tolivein com- fjp.ii.§.jM' munion with the Pope, to be a fwearing of obedience ramcmum, to that chair : but certain there is a ditference between obeying and living in communion 5 (ofwhichfee^^/>.7. r^.^.) between an oath inforced, and one voluntarily taken. After this , as wayes to augment the Court, ma- ny priviledf^es were annexed to it; "^ as that none be- ^p^Elec^.a^ tore his receivmg that ornament might ^c7;^T'^f^/^r^;/«- ^p.zs.^.z, cells, makeChrifme i dedicate Churches ^ ordain Clerks ^ '^v>•/'opraEtc- confecrate Bijhops, that being " Vonttfcalts officii plenttu- ^^^^ ^^^^^ do y till he had it, none to be ftyled an Archbi/hopj zs^ u[u FaHU things added after mens holding a necelTity of feeking ^^?}* ^"'• it , did fo much contribute to the Papall advantage, unenfefubin^ both in point of honour and profit. For it is manifeft , nocenm 5°. Lanfrank ^k^nfelme and Raulfdid dedicate ^ Churches, g'^Ea^dmer. P confecrate Bifhops and Abbots , were called ^ Arch- z^^. 22, 19. biiliops , whilft they wanted it. ^i^f^^'^' 51. Now the ice broken, this Oath (at firft required ^ugfiV^cl ' onelyofAcchbiflibps when they took the Pall) was by ^^^\2. 'Gregory the 9, mutatis mutandis jimpofed on Abbots ^^ ^Vr^Ir, and Bifliops. About 1235. came into England ^occulta 3 2. e?- pafiim claufa fub bulla y the Mike to which had not been feen, '*^"'^ ^»y?or;-- wasproferedto/o/?;^ 23 .Abbotof ^/.y^/^4;?i unacquaiii- x Be jurejH-i ted with it , when he could not " ab ilia obltzatione rcCi- "^"^^^^ "^ -♦• 7 TMat Paris iire\ who is therefore noted, thut^ prmio invitus & y-^ '^ibat. dolens Rorfianorumjugumfubittfervitutts J and that y pra fugi^o, >> >» omnibus Romanorum opprefionibus novis & tnauditis cce- l^^^^^f/gr'^ * > 48 AnHifloricall Fmdicmon ChapJiL ftt moleJlATi , &c. The thing I find ofgreateft exception is , the obligation injoyning them to vifit Rome , which being in piufuance of the 26. chapter oftheCouncell oi Later an y hcldonely 20. years before , is cenfured ^ Mat. Par. :^j)amntfmy gravamen i frajudicium^ injuria, jaElura^ p4'i35,^2'3. ^s that which altered the nature of the Church, which p.i«. 1 4 1 >5 2) had been from the foundation libera & tngenuayZwdi was 5^' thus brougiit toferve the ends of the Court oi Rome. Tiuly after this I cannot fee iiow there can be faid to have been a free Papall Counccli in Europe , when fuch as it conriftsof( being, for the mod, Bifliops and Ab- bots ) come with fo high an obligation as an oath to de- fend the ufages of Rome, under the title of Rega/u .\Sefs.2^. San6li Petri. In purfuance of which the /.Councell f^p, 2. Qf Trent did expreflely charge all Patriarchs , Arch- bifhops , Bifliops, and other, who in future fhould meet in Provincial! Synods , that veram obedientiam fummoV^ovndiWO Pofitifici fpondeant y & profit eantur. I wifli it had expreft what that had been. 52. To return to thati was treating of. Thisvifiting the Roman Court, however muchprcft on thisMona- 6,cxy oiSx.. Albans y yet was ever excufed till 1290. /' ^;^;;. 743. in aCoun- n.19. cell at Rome , Omnes Epijcopi qui hujus ApoJioliCcifedis or- d'.nationi fuhjacehunt ^qui tropmqmfunt ^annucidibus men- Jis 'JAlan fanciorum Vnnctpis Apoftolor urn Petri & Pauli "^ ^^^i'u ^r ' liminibHS pr^fententur^ om7tioccaJione ftpofita, & c . * After fjp.ioi,ic9. which ChdrlsiYiZ Great did by law ordain , ut unuf- qtiifque 'presbyter per fmgulos annos Ep if cop 0 fuo ratio?iem rntnijlerii fui reddat , tarn de fide Catholic a , quam dc Baptifmo , atque de omni or dine mtnisiertifui. 54. About which iw^xz Boniface an Englifhman , the Popes Legat in Germany , and Archbifliop of L^ientz, , in aCounccll hcldin Germany (the decrees whereof he k Cm;/. fent to Cutbcrt then in the feat of Canterbury)^ declaring ^r^'^'^s^'^* how great the care of the Metropolitan ought to be of thofe under him , fliews how every Presbyter fliould once a year in Lcntgivean account to his Bifliop , who was to inftrudt him , and with fuch things as he could not correal himfelf, to acquaint th' Archbifhop in a Sy- nod; ft ft Sacer dotes velplebes h legedci deviajjevide- rim^ Cr corrigere nonpotuerim ^ f dc liter femperfedi A^o* fiolica & vicario Sancii Petri ad emenda?tdum indicave- rim : Sic enim , nifallor , omnes ^pifcopi debent Metro- politano, d^ ipfc Romano Ponttfictjfquid.de corrigendis po- -fults apud cos tmpofibile cfi ^ notum facer e , & fie aliem fient a, fanguine a?iimarum per dit arum. Cutbert , accor- ding to this advifc , doth appoint the proceedings of the Bifliop to be to the Archbifliop, in the fame words he ii?Spclm^/>. had received it from Bonfiaccr, but ipaflcth no farther to 2^8,§. utE- the Pope : an "undoubted argument , it was not then pifcopi, <^ ufuall in England. I have touched before, the Conque- ror did fufFer no other corrcfpondency with Rome AEadmcr. then what he liked; Pafchalis the 2. quarrcH'd with />/i|.ii3»2. /fi-^^.thc^firft, that 2Vj'//^^///^^^/^/?^'7- & hencdicendus : which the fame author (\ylcs^ Statu- Jf.'^^^''^'' turn enorync and cruenttj?imum. And whereas fomc , 0^^.956,7. finding the burthen of running to /?(?;?^f , had obtained as a priviledge from thence , P utnon teneanturjcdem A- p Rcynald. poflolicam tifque ad cert a tempera vifitare , contra formam j!^"''^ ^f>; pr^Jlittjuramcnti, ex quo illudevemt inconvcmenSy quod iz^j.n. 50. Jpojiolic.tjedis dignitas rarius vifitatur , in derogationem reverentia qu.t ab omnibus debetur eidem , &c. the fame Pope therefore revokes all manner of fuchconcefllons to whomfoevcr formerly granted. In which year, or perhaps 1258, Simon ( elected Abbot oiSt. Edmunds-^ bury ) confirmed by t^lexander the 4. the 2 2 Odobcr, IS ^ noted to have been primus exemptorumtn Ann-lia ad /'^f^^'"" curtam Romanam pro Jua confirmattone vocatus. pa 296.<-o/.i . 5 6. Yet the Court of Rome , however tiius earncft at firft, (either perceiving it ill rclflit abroad, and th:u H 2 forcing 52 46. round fumme for it. Itisremcmbred, Michael Abbot oi St.i^uguft'ms ^ eleded 1375, did give P^/^cr C^r- dindibus utfofsit benedici in Anglu 1 S 3 ^ -02^-06^. and accordingly fome other. The Papacy having by thefe waycs abated the power of th' Archbifliop , found it cafy, hislett removed, to bring the reft of the Clergy wholy to depend upon it, byraifing whom it liked to oppofe that Prelat , who were bound to maintain the Papall audority which fupported them in what they did, and wringing thelnveftitures ffo far as lay in their power ) out of the hands of Princes , to intereft the Pope and his party in feverall particulars, under the notion of being matters Ecclefiafticallj by which he brought the elections of Bifhops folely to the Convent , excluding both King and others, and became as Patron of moft ^^tn^?^' Spirituall promotions in f;^^/^^: which ^ forme he yet j^om. iiDe- laboured in the end to break too , by reducing all to his cmbr.icoi. own gift. For the underftanding of which, asnotim- pertinent to that I treat of , it will be ncccflary to look a little higher. 57. When any place became dcftitute of a Bifliop , it is certain, in the primitive Church, the Lay as well as the Clergy did concur in nominating who were to fuc- ceed in the charge; that he who was to have th' in- fpection of all , might not be brought into it with the rcpug- Chap. III. ojthi: ^Z^/^rc/:^ ^/England, 53 repugnancy of any. And this cuftomc was fo gcnciall, ^ as** St. Cvprian and 3 6 . Difliops morc,mcctin2: in Coun- ^ ^VP^'- ^V?- cell about the year 25 s. wntuig to certaui m Spxm, ramdu. fpakcas if it did defcend dediviaa auHorit^tteM is not to be doubted but this courfegave fometinic opportunity to ambitious and contentious rpirlts {as ^Sz.^^agu/li/jc ^^vP-^^^- calls them) of troubling the Churches peace; and there- fore y the Councell of L.iodicea before the year 3 60. y^-'^-^v did appoint the elecl:ions to Priefthood not to be* by * turbis. ct* multitudes ; and divers holy Bifliops defiring peace "l.^^^jD/yJirj, might continue after them in their flock , were carefull ca^.(>. or ever they dyed to know the perlbn was to fucceed in their chair. Sever us Bifliop oC(Jlfela in u^frica had "^ ^'^f"^'^* expreft to the Clergy onely, whom he thought fit to have been admitted after him to his Epifcopacy. This was likely to have bred fome ftir, in refped the people were not acquainted with it; had not \ S t . Auguft r,ie ^Auguft. by his pains and wifdome allayed the difpute; to avoid ^P'/-^^®' which, that good man nominated one Eraduis for his fucceflbr, whom the people with loud acclamations ap- proved. 5S. This concurrence or joyning of the Lay with the Clergy ( that qui prafuturus eft omnibus ab om?iibus eltgntur.^is'^ Z^^pfpeaksj in choice of Bifhops , I do no ^Lco Ep//?. way queftion to have continued intheChurchtillaf- ^^'^'^^'^- ^ ter C/;^r/f J the Great , in whofe Capitulars we find, '-' Epifiopi per clcotionem cleri & popult eli^antur ; and to ^cmhiu- have been lent hither by Gregory the Great , who m "- his , cap.s^. EpilUes makes often mention of it, aswedofind^^ ftcps cLih.z.Epiji. of it in our own Hillorians. Yet certainly , however £%^'V 2^' there might be fome formalities of the people , the j«a. n.e^ chief of eleclions here ever depended on the Prince; as '^j'^'/: may be gathered by that Speech of ff'^^Az//; to the Con- „«,!/Fior. feQbrs tombe, ^ that he had compelled him to take the Wisom. paftorall llaffe. And Edivard the 5. wrote to Clement '^"^oo^^nn. 1 1 ;9- p^.532, e Ailtcd dc mn\icii!isEdjv.irdf,(oi 405. j/. H 3 the 54 An HiJloYtc all Vindication Chap, IIL du- fE/>;ff. EJ- the 6. ^ Cathedrales — ^cclejias progenitores nojlri ^^[\cl',.^ dam fi?iq:ulis vacatioriibfis carundem per Toms tdoneis j Walfinah. Jifigulis vacatioriihfis carundem fer fonts idoneis jure pig. 1 5 1 .+2. J^^o regio liber e co?ifercba7Jt , & pojlmodum, ad rogatum & ^nn.i j4i;. adiujUntiar^i dicfjifedis , fab certismodis & conditionibus conccfferunt , quod elecliones fierent in di5fis Ecclejlisper c.ifituU earundem, &c. Solikcwife in the Parliament the 50.^^. 3. the Commonsfhcw , theKingand great men were formerly in peaceable poflcffion of giving ^ preferments in holy Church. But I will give the words thcmfelves, becaufe I will not erre in the Tranflation. SJV>'- ^•*''^* g Le Roy & les grancies — fturent en feifible poffcfsion de W.9+, doner Us Efvejches & les benefices de feint Efigli]e , come lefejl le Roy Si. Edward , qe dona I'Evefche de Worceftrc ajemt Wolfton ; & puis par de'votion dcs Roys fufi ^ & par la Court e do Rome confer me , qe les Catkedralx Efglifes averotC7it frank eleclioii de lour Vrclatz, ,Jolonc U ley de Dteu & dc feint Efgltfe , ent ordeigne perpetuel- hihlLt.hU' ?f^ent adorer, 5Lc.2ind a httle h after, /^^i Roys ^'Englcterrc fleie?it doner E'vefchez, le Royalri'ie tanqez> demz* brief temps pa fe , &c. 59. And this to have been likewife the cuflome in France ^ the complaint of the French Ambaffidor to I jiaaaAr,itni. T^^^Q^entius 4^"^ atVurcs us. i Non e(i multum temports Mar. Pans r > t » r 1 ■ US. in Bibiio- ( faitn hc ) quod Reges Francorum confer ehajtt om?zcs Ept- thfca, Cotton, fopatus in camera fua y 6cc. and our writers do wholy cui \mtitim look upon the placing Lanfrank in Canterbury as ^ the Didurus, Kin2;s ad , thou2;h it were not ^ without th'advife of ZreaUer7 ^^^ ^l^^^^^der xho. 2. Neither did ^ Anfelme ever make VAw'iiiid- fcrupleof refufingthe Archbiflioprick , becaufe he was wo i-;j«/»"^«- not chofen by the Monks of Canterbury, and in that Malms» fo/. letter of them to ^afchalis the 2. i i 14. though they 1 1 6, b. 38. wuic Raulf in prafentta Q-lortofi Rciis Hcnrici elect us }{ex Lonjliutit J f J ^ J ^ Lanfrancum Archiepifcopum Cant. Ylorcnt. Wigor p./^i6.,/fntj.i070.Sim. Dunclm.cc//.ic2, C. I Eadmer.p.6, 4i- m ^"^f Jt/^. p. 1 6, 48.^.17, iS. /I nobis Chap.Iir. of the f/6mT^^ England. 5 5 k'fiohis C^ clcru & p^pulo ; yet \\ hofocvcr will note the ^ lerieb of that election , cannot (ce it to have been o- nihid.^.109, ther then the Kings acl^ iniomuch as olu^ writers ufc "*^^''/r^ often no other phrafe then the King gave fuch prefer- fol. 219, a.u mcnts , «5cc. And whilft things flood thus , there was never any interpofing from Rome ^ no quellion who was lawfully chofen • the Popes therefore did labour to draw this from the Princes medling with, as much as waspoirible. Some cllay might be 1108. at the fettling Invellitarcs, for then K^nfclmc P writ to PAfch.tlis , Rex p^/)W Eai- ipfe in pcrJontselige?2di5 nulUte?TUS propria utitur voinn- ™^^' ^'*<^^^' tate , fed religioforiim fe penitus commit tit confilio. But this, as the practice proved afterwards, was no more but that he would take theadvife of hisBifhops, or other of the Clergy: for, as ^Z)/V^/(?w^ellobfervcs , ourKing q^««. 117^, didinfuchlbrt follow the Ecclcfiaftick Canons, asthey ^<'^)^V>2r. had a care to conferve their own rights. The fitted way therefore for the Pope to get in was, if there fhould happen any dilTcnfions amongfi: thcmfclvcs , that he, as a moderator, a judge, or an Arbitrator , might Hep in. 60. About the Conqueft, an opportunity Was offcr'd on the contentions between the two Archbifliops for primacy 5 in which Canterbury Hood on "^ the bulls (true r vdeniA^uk orfalfe) of former Popes ,that had as a great Patriarch Maimsbu- madc honourable mention of them. When they were 173,'a'^{^ ' both 107 1. /with o/Z^x^^^^^Tthez-by hisadvife it was /Lanfranc. referr'd to a determination iwIn^Und^ andaccordinG,lv ^^'/^-B-f-^^- 1072. \Vm. fhc firll with his Bifliops niadelbmcfcttlc- ment,whichby theni oiTork was ever Rumbled nt, pre- tending the King' oat of rcafon of Stare Tided wi[hCt,v- '^cubs dt terbury. But thisbrakeinto nopublick contcfttill 1116. fo/.i-o6,3i, T/^^r/?.?;; elected to Tork^ ^ endeavored 'W.Romc to dl- «Eadmcr. vert the making any profcHlon of fubjeclion to Cant, i^ '^^'^'^^• but failing in th' attempt (that Court not liking to fall into a contcil it was not probable to carry) rcfigncd his Ardibiflioprick, Spondens Rcgi & Arch;cpifcopo ,/? dio^: viverct' 56 AnHiJloricall Vindiccition Chap.III. ^Eadrncr. ^j'lvcrct 72on recUmdturum : yet after the * Glcrgy of 121^6!^°*^ ^^^^' fued to the Pope for his reftitution , which pro- duced that letter from Pafchalis the 2. in his behalf to Hen. the i. is m Eadmer ta -^ wherein he defires , if there were any difference between the two Sees , it might be difcuft in his prefence. Which was not hearkned to; P^^.fiT" ^^^^ Calixtus the z.y in a Councellby him held 1 1 1 9. at Reimes ( of which before) (the Englifli Bifliops not ar- rived , the Kings Agent protcftingagainftit , the Arch- deacon oiCant, tcllingthePope that^'/^r^ he could not do it) confecratedhim Archbifliop oiTork: upon which Henry prohibits him all return into his dominions. And in the entervicw foon after at Gijors , though Calixtus carneftly laboured th* admitting him to his See , the King would by no means hearken to it. So the Pope left the bufinefle as he found it , and Thurjian to prove other way es to gain th' Archbiflioprick. 6 1 . Who thereupon became an ador in the peace a- bout that time treated between England 2indi Fra?K€ : in \t\m\/im which his comportments were fuch , thzt^ proniorem 1120. cqL adfefe recipiendum Regis animum infiextt-^ fo as upon 242, 2^ ^^ Popeslettershe was afterwards rcftored, ^eadifpo- fa^. 1^^6,41. fitione , ut nullatenus extra, provtnciam Eboracenfem di- vinum ojficium celehraret , donee Ecclefi^t Cantuarien- fiy&c.fatis facer et,T\\\s I take to be the firft matter of Epi- fcopacy that ever the Pope ( as having a power clle- where of altering what had been here fettled) did meddle with in ^;i'^/4;^rf. It is true, whilft they were raw inChriftianity, he didfometimes recommend Paftors- /»Beda,/i&.4. to this Church ; [o^ Fttalian diiiTheodore: and farther ^*^^* (hewed himfelf follicitous of it, by givinghis fatherly inftruftions to the E/^^/z/feBifliops to have a care of it; }/^;7y7j (lilesit) a Couneell ,., rcftorcd the x\bbot of i?^^///?)' depofcd i loz, ^ ju[Jt4 A- oorn.p.479. fcftoluoi or, :is Eadmcrus ^ ^ juxt.tma,nd:itum Domini ^^^^^^ '^^^ PafA. It is manifeft , this command ftom Rome to be of ^^ ^-' ^ ♦• the fame nature thofe I mentioned of ^C.?/^7;^j, or at c/«pri «.2o. the moll no other then the int<,'rceirion of the Patriarch of a more noble Sec , to an inferior , that by his means had been converted: For hisrcftitution (after the re- ception of the Papall letters) feems to have been a fgood while defer'dj fothat what pad 2XKGme^\^ not yjjo/rmw.m- difannull his deprivation here,till made good in f;;^/*^;/^, ^^vcm. Ead- asat a time when nothing thence was put in execution '^^^* but by the Rcgall approbation ; as the Pope himfelf t complained to the King. But after the Church of ^^ j , j . *p^.. RomCy with tlV airiftancc of th' Englijh Clergy, had im- obtained all eleftions to be by the Chapters of the Ca- thedralls , upon every Scruple fhe interpofcd herfelf. 63. The greateft part of the Convent of Lon- don 1136.^ chofe x^nfclme Abbot oiSt. EdmHndsbmy cqII\oi. for their Bifliop , contrary to the Deans opinion and fome few of the Chanons , w ho appealed to Rome-^ where th' election 1138 wasdifannulled, the Bifliop- rick by the Pope recommended to U'tnchcsUr , his then, or rather loon after, Lcgat; which fo remained till 1 141. Thisisthefuftexamplcof any Bifliop chofen, received and in polleflion of a Church in this King- dome , whole cleclion was after quafh'tati^^wf , and the fentence obeyed hercj as it is hkewileofany Com- mendam on Papallcommandin the Church oiE/7gl.t?id: 1 all 58 An Hijloricall Findtcmon Chap. 1 1 1. all which feems to have pad with the Kings concur- rence. Wide johpin, 64. lortoMeprive rr/////->(' exhorted to chufe another j fome of which made choice of//f;^rj CMurdack , then as it feems with the Pope; who coming as Archb!fliop in- to England , was not fuffer'd to enter on his Arch- biflioprick , and excommunicating ///^^^deP^^^/ , a perfon preferr'd by William , was himfelf by him ex- communicated , no intcrmiilion of divine fervicc in tJie City admitted ; and Henry's means to gain his See was by drawing the Bifliop of D«r^/w^, Carliflc, the King ot Scots , and, by the Popes advife, this very Hffghhy fweetnede to his party, and in the end by the Kings Son (whom it feems hepromifed to get advanced to the Crown by the power of Rome) making his peace with Stephen f who foon after employed him thither on that errand. And this I take to be the fecond Eh'zhsh cledion was ever hereannull d by Papall audority. 6 5 . Here I may obferve , that at firft , when ever the Pope made voyd an elcclion, he did not take upon him to appoint another in the place vacant : but either y^i'ohao: ^^^^^ ^^ ^^^ Clergv of the fame Church to chnfe ano- Maguift. w/. ther.asthofe towhomitappertaincdj {o6^\^Eugenitis i, fif'^T, • to Tork when this * H.Aiurdack waschofen , Imiocen- JjMat. Pans ^ . in. ^««.i207. tins 3. when ^Stephen Langton-^oxi eireihcBilhopricklay pa^.222,40. vacant, as ^^ London after ^^nfelme hoin 1 1 3 9. to 1 141. To7)*53-^'' ^^^^ cleftionsbeing with much flruggling fettled who- 508,20. jy in the Clergy, and Innoceyitius 3. having* by dcfini- j^tl^i^oc * ^^^^ fcntcnce excluded the English Bi/hops from having |./i'4/^4,* any part in that of th' Archbiihog of Canterbury , they bo. Chap.Iir. oj-thc CJjiirch of England, 59 becoming wholy nppropriatcd to the Chapters of Ca- thcdralls, the Pope began to creep in , and " cxco?}- rsvuiu Crt* cejft fUnttudtne EccltfiaJUcx pote^atis , as he /peaks , ^^IJ'^l'^f^ without any formality of clioicc , to confer not ^«». m^. onely Billiopricks , but other licclefiaftick promo- f-*^- 3 5 ^»''^' tions, within the prccinds of others Dioccfcs , and by that meansto fill the fatbenefices of the Nation. The firft Archbifliop of CAnterhury promoted by this abfo- lute power of the Church of Rome fecms to have been Richard 1229. • -noncUclo ^ feidxto ad ^^rchtcvifcovx- ^M.u. Paii« 66. The p French Agent, in his Rcmonftranccto p^djiumem. Innocent lus Ar"^^^^ attributes thebec^inninci; of thefe colla- ^J^^'.^^^'A tions to Innocent the i^- and 1 have not read that ci- t^cj cottan. thcr Pafihalis the fecoad , GeUJius , Calixtus , or In- fo{ « ?5. cue nocenti. though forced to Uvelbmetlmcs out of i?(?wf, '^',^^"^^^5 did ever exercifc auftority that way. ButI willgiveit c]uodin;un- in his own words. P.^"^ '^^ **' Qcrte non mult urn temper is clapfum ejl , ex quo Boym- nus Papx Alexander , perfecutioms cogcnte t?icommodo , 'venit in Franciam , confugiens adfuhjidium tnclyt^rc- cord.itionts Regis Ludovici patris Regis Philippi ; k qu9 henigne fkfceptus ejl , &ftctit ihi dm ; (^ forte vivu?:t all- qiiiq.'ii vtderunt eurn : tpfe tAmen in nullo gravavit Lc- clefiam Gallicanam , ut nee unam folam pr^bendxm nut aliud bene fie turn ipje Papa dederit tbi , fed -nee altquis prx- decejfor fuus , nee multt etiam defuccejfortbus dcderunt in ftiaau^hritate beneficium aliquid ^ ufque ad tempora Do- r^iini InnoQcntWi . qui primus a ffump fit fibij'is iflud tn tempore f no : Revera dedtt multas prxbe?id.is , C fimt liter pofi ipfum Bominus Honorius & Dominns Gregorius ^ Mat. Parn Jimilt modo fecerunt\ fedonirics pr.itdecejforesvcjlri , /// ^'^/?. »'«(?'•. publicedicitur , non dcderunt tot bcneficiaut vcsfolus de- ^,^ tty^fol. dtJllS , 6CC. 14?. b, coll. 67. In what year tlV AmbaffaJor from France made ^^J^^^'-^ this complaint, is not let down: But 7 ^/^/.P^r// in his iVtjhu9n^ I 2 Hi/lorix 6Q ^nHiBoricall Ftndic^tkn Chap.lll. HifioYix mmoYi makes mention of it as done in or a- bout 1252. Viehus fuh e'lfdem y Epifcopo Lincolnicnfi computuntey iompertum & pYoh.it urn eH auod ijie Pap a , ft i licet Inno- ccntiiis quaYtiiS , pltsYes redditus extoYtos adfuam contu- lit voluntAtem, quum omncs ejus pY^deceJfoYes • pYout mx^ nifc/ie patet in luguhYi qHeYtmonia cjuam YepofucYunt FYanci coYam Papa pYo fuis intoleYabihbus oppYcJ^ionihus^ qua Yedacla cjl m fcYtptum EpiJloU admodnm pYoUx^y qua Jic mctpit , Didurus quod injiinftum eft mihi, &c. qu^Yc EpiJlol^Yn, ^z. By which it appears , that great liberty the Papacy took in conferring Ecclefiaftick pre- ferments within the Diocefes of others, took its rife from Pope Innocent , and ,asit fcems to me , not at the vPvOgcr.Ho- very beginning of his timej for 1 \c)C)JGeUYdus hxoXi-^ ¥cd./o/. 45J. deacon o{ St. Davids coming from Rsme , quia idem 1. GerN as. G.Menevenlls Ecclejia in cuYia Romanafe dicebat eleciumy. DorobciD. hoc ipfiimcaffdvit ^^Ychteptfcopus ^& aliumfacYavit ca- 'inVulnHher ^^^^^^ eUBum ; though he after bcftowed on him a Church of 25. marks : and this in a cafe the Pope had fo earneftly efpoufed , as he wrote to the Biihops of Lincoln, BuYcfme and Ely , fi^^YchiepifcopusQQaxtwx- iix Jape diclum Gilardum confecYaYe dijfeYYet , ipfi Apo- Jioiica atithcYitate fYctt ilium confccYaYe non dtjfeYYent : which yet th' Archbifnop, as againft the English liberty y did not doubt to oppofe , anddifannul. UnmuquQ 6s. But thus it continued not long; io^^ Honor ius^ ^^^ "/Jg. the immediate fuccciTor to /«fT/orr;//V/i 3"^ fhcwing, rum lontifi. iuch as fcrvcd th' Apoftolickfce , andrefidcd witiiit , ijtni ^rchiept- xv^j-^ worthv congYuis hencflctis ho7tvYaYi , and were s^^mr, s. " therefore poffell of divers both in England and other parts , which they did admir.iftcr with fo great care, quod non minus benefictantibus qnam bencficiatisutilitcr eft provifum ; unde , quia nommnquam bene'fictatis hu^ jufmodi dccedentihus , benejlcia qua obtimierant , tnconftH- Us. hiis ad mos eorum donatio pcrtimbat^ aliis fucccfive- iolLuiSp, Chap.IIL of the Church o/England. ei collate , perpettio tilts ad qtsos pert trie fit vidcbAntttr awtt- ti ^ propter quod etiarn murmur. ihunt plurimi^ d^ ^litje diffuil lores ad conferendum tdibus bcncficta cxhthebuKt : Nos volentes fttper hoc congrut^m remedium adhtbere , ne CMiquam ftia liberalitas fit damp no fi ^ per quam fotius meruit gratiam & favor em ^ Jlatuimus ^ ut clericis £(>- f /r//^ Romanx , velalits Ytalicis, qutprtebendasz'cl Ec- clefias , fetialia Ecclejiajlica beneficta /;; Anglia obtinent njcl obttnuerint h modo decedentibus , Pr^bendx vel Ec- cUjLt , feu alia beneficta neqtiaquam a nobis u el alio tlla vice altcui conferantur J fd ad tllos Itbere redeant ad quos tllo- rum donatio dtnofdtur pertinere , &c. Dat. Latcran. /. quarto Kalend. Martii , Fonttficatus nostri anno qutnto. •*• 2^. ?f^»^ 69. Yctncithcr this, nor the renewing of it by Cr^mi.i574. clement the 6. by Provifion beftowed the Abbacy on Thorn, i4««. lohn Devcm/h , whom the King did not approve of, 1575. col. y^f came thither armed with Papall audority. The ^ See t' I Hi- Prior and Convent upon command abfolutely denyed /f(wjv of Ni- him entrance, ir^^rejfummonafiernin capite dcne(7ando'^ cholaiis de *-* . . Spyna rfyii;;;/^^ i- C^ 1934. who '♦• Chap.IIL of the Church of ^n^:\nd. 65 who thereupon returned \.O{^vtg}!0?t. The bufineflc lying two years in agitation , the King in the end, for avovdinii cxpences and other inconveniences , ^ ex fridevarixi abtmdantt conccfstt ut^ fi idem lohanncspofrciohfi^ere Jk ^'^y^"^^" J ' -' *''•', cot. 2117.54. fummo Pontifce quod fojjct mutare Jtylum fuA creat:onis qujc yno tU ' five provifi07iis , fctltcet no'n promoveri Aibatia pr^dicla ^d»A' p Hen. impediret y dut impedtri permitteret promotos a curia per ^'^'gh^of^^ hulLxs acceptare heneficia fihi talitcr incumhe7ttia. To 49, which his Ma7 anfwer'd, J^odKex bene ac^eptaret pro- nj'ifos clericos qui effcut bond co/idttionis y & qui digni ef- fdnt promoveri , dr nlios nor^. 71. But the year following 13 $0. the 25. Ed. 5. the ^Commons meeting in Parliament complain with great *^ K^^ T^^ri.. rcfentmentof thefe Papall grants, flicwing the Court i.'tv.T oi Rome hadreferved to it felf both the collation of Ab- n.i^ySte the- beys. Priories, e^r. asoflatc incencrallail thcdi2;nitics *""'^'o/r/;f J ' ' i-7 c? petition^ cdo,^. of ir";/^/^;?^/, and Prebends in Cathedrall Churches, &c. „. 15, ** Upon which the ftatu-tc of Provifors was in that Parlia- ment enaded; which was the leader to thofe other fta- tutes, 27, and ? S.^^. 3.1 T1>C48.£^.3. 13 74. the treaty iWalfingiy/E. between Ed. the 3. and Gregory the xi, was concluded \il\^''^' after two years agitation , wherein it was exprcflely Kot. v,irL agreed , quod Papa de cetero rcfervatiornbus- beneficio- ]_J^--^>^^^ rum mtmme uteretur y &c. Notwithftanding which, u,i.i\%-j,\%^[ the Commons the next Parliament prefer'd a petition , k KJ^ patL ffitewing kail the benefices of £w^//?;.^V would not fuffice *'°' ^'^' ^* *^*- ihcCardiualls tlicninbcingj the * Pope having by the ^Cf/^w^^r^ addl- 64- AnHtjloriccill Vindication Chap, IIL addition of xir. new ones raifed the number to xxx. which was iifiially nor above xii. inall; and therefore thcydcfn-cirmay be ordained and proclaimed , that nei- ther the Pope nor Cardinalls have any Procurator or Collector in EngUKd, fur peine de vie & dcmemhrc^ &c. , Yet the inconveniences ftill continuiniz; , 3 . Ric.z. pro- 4:/.*3. fxic. <-^^ced that ^ flatute is in the print : 1 fliallnot here re- z.cx^.ii. peat otherwiie , then that the Commons in the Roll, ieem to lay the beginning of thcle exceflcs no higher then C/emennhc 5. 7z. By thefe arts, degrees and acceffionSjthc Church of Rome grew by little and little to that immcnfcnetTe of opinion and power it had in our nation 5 which might in (bme meafurc (whilft it was excrcifed by con- nivence onely , upon the good correfpondency the Papacy held with our Kings and Church,) be tolerated, and the Kingdomc at any time by good Lawcs rcdreflc the inconveniences it fufteined. But that which hath made the difputes never to be ended , the parties not to be reconciled , is an affirmation that Chrijl com- manding Peter to feed his flieep , did with that give himfoabfoluteapowerin the Church, (and derived the like to his fucceffors Bifliops of Rome ,) as without hisaflentno particular Church or Kingdome could re- form it felf ; and for that he as a Bifliop cannot be denied to have as much power as others from chrijl , and may / chrlfti vi- therefore in fome fenfe be faid to be ^ Chrifts Vicar,to ap- tcs'fumqur P'^opriatc it onely to the Pope , and draw thence a con- vict Chnfti clufion that jure divi.io he might and did command in legatione ^\\ particulars Vice chrifii,Knd though no other Church EccTcfia. Eu- in the Chriftian W orld doth agree with the Romarnw fcbiip-p* £- this interpretation; though Hillorians of unqueftioned rowJ// Eic- fincerity have , as wehave( infome mcafure) heard, ftum a Frairibus Chrifti Vicarinm fufcipiant > (jcil.in j^hhatem:) H^dcnfium leges ah tdgarocap. i s-Concil. Spclm. p(tth or he cam tnto thelond^ rw^u!^^^^' li'hofthefcholdhaveexcrctfcofhispolver, and ho"^ myche -^ux qlsjlx^. Jchold bee put in execution : Anaventure after he hadbee 79. refeyved , he 'yvhold have ufed'it to largely , to greet op- predion of your peple, &c. as the Archbifliop wrote to Hen. 5 . as I have file wed numb. 5 r. 73 . Thoui^h the Lawyers oftheKin";dome do ° con- ^^^^v^^' (lanrly affirm , as theLawand Cuftomeof the Realm , mcnt,4,t?^io. the Kings Courts never to have carried regard to any forraign excommunication , and if any fuch came from Rome, P notto bcputin execution , but byallowance ^,J?^'^?' firft had: to which cffedlit isremcmbred ,the Bifliops rs4!bi23! oi London and IS^rlvich having publifh't in their Dio- cefesthe Popes excommunication ot Hugh Eail (as it icems) oichcjler, without the privity of //f;;. the 2. or his Chtcf lujticiar , the Kings writ ifliied out in this manner; ^ Londonienfis & Norwicenfis Epifcopi fint ^^^' ''"'"?*• tnmtfcricordia Regis , ^fumrnor-eanturpcrVicecimites K & 66 vojcre?itgrmde compUinte ^^i^^Ty^'Englcterre ; lequel pour les appxlfer t leur 7nxndii y que Uprtmierefots quil rappa(Jeroit U mer , // leur ammeneroit dcs Preftres dcfon pais quileur chant eroient UCAtcfsc y voufijlle Papeou 7ion ar il ejloit hien privilcgU de cefxire : & par ce moyen sap- faiftrent les Flamens , &c. As for the priviledgc here fpoken Chap. III. o/^/;^ 6^ /W^ ^/England, (yj fpokcii of, that can be no other then the obligation all Kings owe unto God , tbi* feeing his word finccrely taught them live under their protection , withoutthc difturbanccof any. 75. In which kind ours have been fo far from yield- ding obedience to thePapall attenipts, as Edivir(i\\\z lirll could not be induced to (pare the life of one brought a ^ Bull ftom the Pope , might have made lomc diftur- ^ Afife 10^. bance , but by his abjuring the Realm 5 as his grand- ^^-^-'^ ^^• child Edlvard the 3. did ^ caufe fome to fuffcr for the ^Walfing- lamc otfence. And onoccafions ourKini^shavcprohi- ^'^"^ ^"^'; biredall entercouilc wxihRomc-^ c denied their Biinops p.,^.it.s>4S. going thither fo much as for confirmation , but the Me- ^ vue iio- tropolitans, if need were, fliould by the Kings writ be ]^^:^ charged to confirm them 5 ^ commanded their fub- Kct.Vdrl.i6. jcclsnotto rely on any fhould come from thence , af- ^'^'^^^''•>j'"'[- ' J '' . K. 1 1. See the firming, quodin regnum no/irum nee propter negotiu??i c),h.\. n.-^y, 7io(lruin nee z'efirun/ ulUtenus intrahit ad t err am uojlrarri' ^ Gcrvas.Do- de/truendam.\Q\. notwithltanding lo notorious a truth, 15.2,51. back't with (b many circumftances , grounded upon un- quellioncd monuments of antiquity, hath not been received 5 but the bare atRrmation , Chrtfi by pafce oves yneas intended Peter , and by confequencc the Pope , to be thegenerall Paftorofthe world, and the meaning of thofe words to be , that he fhould ^ rcgio more impe- ^ Bellarm. rare^ hath fo far prevailed with fome , asto efteemthc ^^[°tdit' in^' (landmgforthe rights of the Kingdome , thcLawsand ^o/y?.iMcoS, Cuftomcs of the Nation , to be a departing from the Church Catholick; and to cfteemnolefle then Here- ticks thofe 5 who defending that which is their own from th' invafion of another , will notfutt'er thcmfelves to be led hood-winkr, to think the prefervation of their proper liberty is a leaving chrtjl , his Church, or the Catholick faith. 76. 1 dare boldly fay , whoever will without partiality look back, fli.ill find the reverence yielded from this K 2 Churv^h (58 An Hijloricall nndication Chap. 1 1 1. CliLU'ch lo^ome for more then a thoufaiid years afccr Chrtfi, to have been no other then the refped of love , not of duty, and ^o^Qsx:2ii\\Q,x^io confute re ih^n imp e- fTzcit.de rare, their diclats to have b:en of the lame nature ) ihe morihtisGer' Q^^^^^^^^^ Princes Were of old , aiiclontate fiiade?7di marris Lanfranci £- cj^H.tm jubendi fotejtate y never requiring a necclTity of pj/?.«, p.jov obedience ^c;/(?^«/;;^ that they came fi'om /?^w^, butfor that they were juQ: and reafonable; neither did the Pope fend any Agent hither to ice them put in execution ; but th' Archbifliop , accordingto the exigentof times, re- ceiving his wholefome advifes , caufcd fuch as he held of them did conduce to the good of the E-rJ^lffJj Chmch ^'RcdihhA' to be obferved. So T/^^^^^t?/-^ 5 received thofe of Pope ^'*?, ' J* . LMiirtifZ , but/; d i d n o 1 1 h e m c o n c e r n i n 2; H^///5'^^, fro m /flf\ i5o,e^r. Agathjo, When K^lexander the 2. had exempted the Wide Ead- i Abbot o{ St. Edryiu7ids-htiry from the juritdiclion of mer. pj^^.62, ^|^^ BifliOD o'iNor'^ich ,Z.r/7/;'4^i/'took the Act from the ;6.Lantranci j^ \ ■ r r r r itfifl. zo.^^g. Abbot ; and Gregory the 7.1s fo far from ulingcom- 311- mands inthecaufe, as he onely carneftly intreats the Archbifliop he would flop the Bifliop of NorDfich from molelling the faid Abbot^yet himfelf as it feems did not rcftore the Bull of immunity to him during that Popes life, fbut of this before.) In the year 1070. on the k rioient. Kings defire in a Councell at IVindfor , ^ Agel7ici4sV>'\([\o'f' Wigorn. o'ti\^^ South' Saxons '\s de2;raded,andhis Biflioprlck con- pi^. 455. c^ fer d on Sttgandiis : t^lexj^der the 2. not approving- 436.simDu- what had pall , ^writestothc King, this caufefeemed to / Baron, ro. ^'^^^ ^^^ ad plenum traffata , ideoquejlcut incanonihifs- II. Mnm cautum eft y m frijllnum locum dchere rejJituijudicavl' \9y\.nA\, jr^r^s\ Deindcy caufam ejiis , juxta c en fur am canonist traditionis diligcnter retraciitndxm & difiniendam , pr.t- dicio f'ratri nojiro Ar chief if copo La?zfranco commtfimiis ,\x. is certain ( howevecfome writers might upon this or for other caufcs think hisde2;radarion to have been fion ca- nomce ) thofe times did nor interpret this (though writ v\Mth fo great carncftneflc ) for other then advife or in- tcrcedlonj Chap.III . ojthe Church of England, 69 tercciTion , not asofa pcrfon had an abfolucc powci- of commanding in the bnlincllc ; ioc \vc ncvci: read ot' any proceedings npon it , not Lanjr.i?ik at all ever to meddle in the cafe, that he ever clleemcd *^ Snga-^d a ^^^^^nfranci lawtull Bifliop ipijl.zj, zS. \\ho in the yeau 1075. Sd^ll'i^A- " beinii inaCouncellat Loadon , aceordins; to the De- "^'-r/'-'j-n- crees of it, removed his Epilcopall Chair i\omSt/fty "";n/}.Tz' 7 to Chichcjhr , of which he ° died Difliop 10S7. without ;y/.i 21. b 27. beini2;atali, for what appears , queftionedordiLhirbed ^'"-^Lanfran- attertheiirllgi-ant of it. Divers examples of thclikc na- i;.r.co/.rf cure occur too long tobe repeated , where the King or oF/orcnt. Phis chief lullice prohibit the Papall precepts from being ^l^^^^' put in execution ; audit is agreed by Lawyers, that not /)j^.449- the command, but the conftant obedience , is it which P ^''^'' ^^^f- denotes arightot commandinc!;; and in calesotthis na- hem. ^nn. tmx proh bent is potior cfl condito , one example in the nc- '^"^'7 ^o\. gative, ^\hen the thing is lloodupon, being of more ' "^ weightthen twenty by compliance intheafHrmative. jj. Itisprobable, neither the King northe Bifliops would introduce an\' new matter ofgreatconccrnnK'ut into this Church , without the privity of fo great a Doctor , Patri.u'ch of a See , from which their auncc- ftors had received the firft principles of Chrtsiian^zW- gion; butitismanifeft ,whatpafl: , (ifhc were acquain- ted With it) was by their own auclonty , not his. When Offci intended the creeling oi Litchfield into an Arch- bifiioprick , he did it by a CounccU at Calcuith : Lamber- ttis (^as what he approved not) producing n^^^^.ty?'^// ^ Malms, ie ApoJIolu.z & Vetera & ?20V.t edict a .ig.iinft it , yet the thing ?f' , "V? 4. proceeded. Luausxhz 2 .-.went fo far in his intentions to .-.Diccto raire/F/^;c.6^//^rtoanArchiepircopallChair,ashcfenrthe ^''^'^y^' pallto the r>:fl"iop: yet it being not approved here (^as the event Oiewsj that Town never yet hid the honour. Henry the firQ: having in his f Lawesappointed how a rLe^^. H^^.r. Bijhap, Presbjter, Monk , Deacon , v3cc ihould (uffer,com- ^'^7 >• P-'^- aaitting homicide, concludes, Si qtus ordinal um ccci- " K s dat. 70 (tJnHiHoricall Ftndtcation Chap.lll. d^tyVclp)oximtimfuum » exeat depatria/ua y& Romam adeat , & Papam , & ccnfilmm ejus faciat ; de adulter lo , ^Uiin^Mm ri,(;ifQYnicxttone, ver^wm\xccnQHbitufimiLtcrpxrntcat. Nunnne cum / • • ur ui u t^ j • i rC MS. Lon- Whcrcitisobicrvablc, the King ordains the Penance, don. Scid. c^ permits the delinquents peregrination to R:me , to re- ^n^iol uTms, ceive from the Pope i^as from a great Doctor of the schAchar. Churchj fpirituall coimfell, which elfcheNvasnotad- t Leg. ym.i, mitted to ieck 5 for ^pcregrmajudicta modis ommhusfub- c.tf.ji.p.iSy. ^^^^;^;;^j-. and again, ^ tbt Jemper caufaagaturjubi en- u ihid. cji^> 5 ■ we/^ admittitur. pja.i7?,i8. ^g^ VViiltnm the firft (who began his expedition a- gainft/Z^r^W by the counfell ofyi/(;Ar^^y^^rthe z.andrc- .\ingulph. cciveda ^ banner from him) minding the dcpofinon of /o,.52:.a.6. ^|,. Archbifhop of C^/z/^r/'/ifr)' , procured the Pope to fend certain Ecclefiaftickshithertojoyn in the aclion, as hkewife foon after for determining the qucftion of pre- cedency between Canterbury and ICork \ upon which jyEadmer. ^hcrc grcw an Opinion, y Archiepifcopum Cantuarien- Jem ^ nuUo hommum , ntji a,joLo Papa , juaicari pojje vel dxmnan , nee ab aliquo cogi pro quavis calumnia cuiquam., €0 excepto , contra fa umvelle rcfpondcre. This no doubt was promoted by th' Archbifliops, as what exempted them from all home jurifdidion , the Bifiiops in gene- rail did after think in fome fort to introduce; and there- zP^o/.P.rr/. upon put in this petition in Parliament 2 3 S. Ed. 3 . qe ^^- ^ ■ I- pleife a Roy, e?^ maintenance deLeHat de feint EfzL'fe ^ I . dn ckr^ie. graunter & ordemer en cejt Parlement, qe nuLErcevefque ou Evefquefoit deformez,, arreynez>, ne empefi.he7de vaunt fes lujltces , en caufe criminele , par quccanque voyc , deji come fur tiele caufe nulle alme ne Ics poet juger , fi nou?z le Papefeulement. Butto this the anfweris no other then,// efl avis , qe en caufe de crime , nulErcevcfque ou Evefque foit empefcbe devant les luflices ^ file Roy ne le commande 4 WalJmg. efpectalment tant qe autre remediefoit ordeinez, : which he f^tfl.^nn. did like wife confirm by Charter there reaiftred, and as I. ^ Walfmghamhzxh trulyrecorded. 79. This Chap.IIL of the C/mrcb of England. 7i 79. This opinion , thouQ;h ^ new to the Engli/h , ^^roumn in- qucthonlclle incouragcd ^^nlcLnu to oppolcclic Kmg quoifnusfion in many particulars, and Popes to go farther 5 as to immxd-vene- ciaini Princes fliould not confer Invelliciires , nordc- '"!!^\ ^V.r fine matters of Epifcopacy, 6cc. then to beftow prefer- ments within this Kingdomc, atfirftby confent , and wuhthc hmitation no //*///^;; to fuccecd another , then to relerve to themfelvcs the collation of all benefices; of which before. To conclude this; whofoever will without prejudice weigh the reformation o( E?igla}idby Hen. the 3. Edward the 6. and more efpecially Queen Ehz.tbeth m the point of fuptemacy , mud grant thefc Princes did not aOume to thcmfeives any thing , but fuch particulars as the Court oi Rome had in a longfe- ries of timeincroachedin on the Crown and Englijh Church. If at any time our aunccftors ftyled the Pope Frmcej^s Epifcoporum , it was in no other fenfe then they did ^St. Peter Prmceps K^poftolorum ; by which what principality they intended him , we cannot better un- derhand then bv the Saxon , who renders it 'SalhOD ^^^^"^^ f-'^''"* Oajia Apoitoia^ theEldcrof the Apoftlcs. If they ^(>\\-iib.2. called him/^c.f/r(?ror Viarius P^/;/^they were not alone Jf ^^- '^^• appropriated to him , tor ^ Petrus Blejenfis and others p. joz. c?- it- give the Bifbop of Torkx\\z fametitles; and theBifli. ^|^'- oiBath., who had a Church dedicated to J^/. P^/^r, he i+f k/j/'* bids remember ^«/4 Petri Vicar itis cjiis . So did they like- Stub'; de wife in fome fenfe call Kings^Chrifts Vicars,as well asBi- f,l^l'f!^i^^ fhops. If at any timethcygavcthe Pope thetitlcof /head drcdo coL of the Church, it was, as bcin^thcfirftBifliop , he was ^^os. 37. held to be , as St. BernardtzW^ us , Ztjihcneficnmatufim ; v;Wf/;r! V2. as they /, termed Oxford the fount. tm a-ad mother of our '' 7-- Chrtjlian faith. I cannot therefore butwifiia "" late wri- ^,cof;Mowr f.j/>.i7.Scl- deniN'or.e^^ Eadmcr. f .M5,i 2,©*^. fKo^^ar/. dtChcefl. n.jl.in mnmiHii lihris im' frefiiicitp.6^c^ J. ^\]cTnajd. de corfiderAtione lih.i. cjp.y h Kot.Varl. i . //rw. 6, f;.4 5 *'Pni]ip Scot his treatifeof Sc'^ifnte, ^ .165, tcr> y2 AnHiJloricall Vuidication Chap. III. tcr, that faycs EtigUnd had a knolvn fuhjecfion to Rome ack?jolpUdgcd cz'en hy our Lali^s , ever frci^i the convcr- Jionof cur Countrj uy.dcr St. Gregory ^ had cxprcffcd in wharparticularstliatfubjecliondid confift , whatthole Laws are, and where to be found. The truth is,as there isnodoubtour Auaceftors informer times would not *•■ 3^ ^'\^ ^^^ have jovned with the Svnod of Gnp , in caufing {o ' : dil- maintain putable ambiguous a queftion as that the Pope is K^4n- that the tichr.Jl to have been taught as the faith of the Fj;gi/jh uchrlft%ro- Church ; fo there is uo qucftiou , biit it hath bccH evet fciTing my the T'tv/f/ ot it , Po'fitificcm Romanurn major cm aliqu.'ir^i wcakncfs ^ junf^i^io'aem noti habere fihi k Deo colLitam t'^ Sacra Ignorance ot J J ^ a i ihofc pro- Scnpturatn hocregno Kvi^^^xzi, qitam aimm quenrcis ex- phcticail ternum Eptfcopum: whichour .-.Hiftoriansdo mention Scripturesto i iir i n-- r^i beioareat, ^^ What proceeded from the conltitutions ot the that 1 dare Church and affentof Emperors, not as of a thing in it dent^'n°my" ^^"^^ J^ris divim : infomuchas, interpreta- 8o. That ptopofitiou , ^ whcn it was propounded Tions of ^ r^^^ ^-j H^'^yy thc 8^'^^ tiuicin convocation , all the his chrtll ^n Bilhops Without exception , (and of others onely one concoYds Ex- doubted , and four placed all Ecclefiaftick power in the ^^'iy!^l^T ^^P^') both the Univerfities , andmoftof the Mona- !^««.^C7.W' fteriesand Collcgiat Churches of f?^^/^/^^, approved & 6o3. co/.43 7> avow^ed as the undoubted opinion of the Church of this lAntiqtiu.Bri' Natiou in all ages. Ncithet can 1 fee how it can be o- ttn.Eccief. thetwifc: for if thc Church of Canterbury ^ were ommum ^edu^'' London, ^oji'^^tim mater communis fub fponfi jui lefu ^hrifli dijpofi- 1 573. tione , if it were C^fater ommum Anglicanarum Ecclejia- ^^Ger.Doro- ^^^ ^ & fuo foli Deurn froj)rto Utatur fajlorc -^ that is, if \(q\,z\- th' Archblfliop had no mediate fpirituall fuperior but ci}/.i6t5>6o, chriJl^God'^ ifthepower the Pope exercifed over him 1 Ep//?. iia- within this Realm were ^volu-ttate & bcne^cio , gained, duiph.^rcfci- as Ihavefliewed^by little belittle, voluntarily lubmitted eptfccuixioz- m-^t^Q it could be no other then ///r^/?//;;;^/^^: and then (01. ij^O.lt •' it muft be granted, the Church of E?2glandco\i\-5- vatmcnj yctccrtainly who will cxamin their beginning, as he fliall find it to have been by the bounty orpermif- lion ofour Princes, fouponfearchhe will perceive the Kingdomc went no farther then the Common Law, the precedent of former times, and fuch an exigency did force them to : of which therefore I (hall adde a word or two. Chap. *r 74 J/iHi/loricali FmMcmon ChapJV Chap. IV. O/the Payments to the Tapacy from E)}gUnd. Hevaft fummes the Court o( Rome d'ldol late years upon fcv^crall occafions export out of this Kingdomc , mentioned in the zis.uen.^' <^<^r^^^ aftatuteofthezs. Hen. the 8. are fpoken Va^hI Mat. of by fcvcrall of our writers: and though fome^have ratis^f//?. in generall exprefled how much the Nation fuffer'd in uniyerfiut. ^{^^^ ^iqcI ; yet noue, that I l^now, ni one trad did ever , 24Y/p. (sg". fliew by what degrees the Papacy gained fo great a re- 3«» venue, as the Commons in £^ii?/fr^the thirds dayes had c not Txrl c^^^^c ^o complain, it did turn ^ ^flus grand dejlru^ ion di4 f 34v.*r«ri/f. Royaume qc toute la guerre nojlre Seigneur le Roy. I have 25-E'ij* thoughtthereforethat it will not be amiffeto fetdown , l'ereaftlrn.i$. how the Popecameto have fo great aninfluence over the treaflire of the Clergy in this Land, by feeking out how and when the greateft of the paiments made to him began, what interruptions or oppofitions were met with, either at the beginning or in the continuance of them. d vide Epifi. 2 . The firft payment, that I have read of, which gave W"'.! . apnd the Pope an entrance as it were in to it , was that bounty AnnAC7*9.^ of our Priuccs known to this day by the name of P^/^r- ivtcr Lan- Pence : and this as it was given for an ^ Almesby our ' cE^^f^^Hen- "^^^S^ > ^^ was it uo othcrwifc rcccivcd by thc Court of rico I. apud Romcj ^ Elcemefyna heati Petri, prout audivimus <, ita Eadmcr. per per am dotofeoiue colleclaeH , ut ncque n-icdiam ejus par- ffiifljibj. tern haffenus Ecclejia Romanafufceperu , faith Pafchalis p «9i 40 > 4s- the 2 . So that no qucftion ^ Polidorc Virgil very inconfi- LanfcanciE- dcratcly tcrmcs it wJ?/^4jL and others, who by that gift fifiy- p?47. contend the Kingdomc Decamc ^ trihutar turn feudal a- co/.2.d. nam S'^- Pctro ejufaue fucccfforil/us : for thou2,h the /«/.iio.b.2.5. word /;'/t'////<^;?'; may perhaps be met with meldcr^^ wri- ters, Chap.IV. of the Qmrch ^England. 75 tens, yet never did any undcrftand the Pope by it to be- come a Superior Lord of the Lay fee, but ufcd the word metaphorically; as we do to this daytermea conftant rent a kind of tribnte , and to thofe who pay it, and over whom we have in fome fort a command , we give the title of fubjCiffs ; not as being Prmces over them , but in that particular being under us , they are for it ftyled our inferiors. 3. What i'^A;^?^ King firft conferred them, whether I-nx, :3iS^Ranulphtis C£/?r^////V fay cs report carryed, ot'Jy^^^^^^^^^"^^' Ojfx , as ^ lorvalenjjs , I will not here enquire, as not XffBromptoa greatly materiall. i Polidore Virgil tells, fome write coi.ioi.zi. Ethelyvo/phus continucdii: with "whom B romp fo^^ kcms [Lty'Jl p.s^,' to concur. It is true, our Hiftorians remember he caufed 44. »» 300. mancufis denariortim (^ CMalmsbury renders it ^^ °[^"^* trecentas aun marcas (which was ten times the value of Ann%s<;, filver)as ^ another tree eat a talcritayo be carried ev cry year P"^- ^^l:^ from hence to i?^w^ ; which could be no other then the neim. juft application oi Peter-Pence : for amongft fundry nBeif^egibm complaints long after from P Rome , we find the Iqi\1'^1^^.'j omiflion of nopaiment inftanced in, but of that duty oiorvalcnfis onely ; neither do the body of the Kingdome in their "^ fo-^ ^7. n n • . pThtsap- f Remonltrance to Inmcerittus 4. 1246. mention any ^earesbj the other as due from hence to Rome. E^Uof^A- 4. This therefore thus confcr'd by our Kings,was for pT/^///'* the generality continued to the Papacy; yet ( to fliew , the 2. hefore as it were, that it proceeded only from the liberality of ^'J'^' '^^'j^^^ [^ ^' ourPrinces,) not without fome ftops. Of thofe inthe c^A^ud Mat. times of/^r////^;/; the firft 6c // efteemed the mod y knowing man of thofe times, 2664, 66. e^- to confider the right of flopping them 5 whofe deter- '^^^fV- rnination in thatparticular yet remains , cntituled ^ Re. liy mo : then the queftidn followes, Dubium ejl , utrum b. fo/. 2. regHum Anglise poj^tt legitime , imminent e necej^itatefu^ defenjioms y thefhurtim Regnidetiuere , 7ie deferatur ad extervs , etiam Domino Pdpafuhpwna cenfararum & vir- tute obediently hoc ^etente\ &" relict 0 viris peritis quid did debet in ijia m^eria , fecundum jus canomcum.fecun- dum jus Angliae vel civile fol'umrejlai fuadere partem af- firinativam dubii , fecundum princtpia legis Chrifti : then flieW^s , thofe paiments being no other then Almes , the Kingdome was not obliged to continue them longer then ftood with its own convenience, and not to its detriment or ruine; agreeing therein with that of Di- vines ^ extra cafus necejsitatis & Juperfluitatis Elecmojyna non efi inpr^cepto. 5. But in the Parliament held the fame year , the qucftion was concluded : for there this petition being a Kat. Pari, prefer'd , ^ qtie y puijfe ejlre declaree en ceHprefent Parle- if^c.z.n. 4. ^^^^f^ filacharge ^^/^ denirSeint Pierre, ^/^/>r//^ Rome peny ,y?r4 leve Aes dues Com'mes,& paye al Collcchr nojlre Seint Pere le Papc on noun 5 the anfwer was ^foit fait come devantadejle ujee : By which the ufe of them being again JWaldng. returned, did fo remain till Henry theS^^^time. Foe Ht/?.^«no^ thoughina^councellheldatZi?;/^^?;^ 140 8, it was treated 2, * ' * de cenfu & obedient ia Pap^ fuhtrahendis velnonjubtra- hendts\ chap. IV! of the C^ti^'ch o/^Eilgland- 77 hc'ridtS'^ yet that it part farther then words 1 have not ob- fcrved. Bat Kino; <^ Henry 155' took them fo ablblutc- ^ jsy'fw.s, «-? y -' •' T f .(p .21. ly away, as though Qnccn /)/.trr repealed that Acl , and P/i:ilus ^iarttis dealt carneftly with her ^Agents in ^^'ft- Condi. Rome for reftoring the ufe of them • yet I cannot find '^ '^' ' *^' they were ever gather'd , and fent thither during her time; but where fomcMonafteries did anfwer them to the Pope, and did therefore collecl the taxe, that in procelTe of time became as by cuftomc pay'd to that houfej w hich being after derived to the Crown , and from thence by grant to others , with as ample profits as the Religious perfons did poffefle them , I conceive they are to this day pay'd as an appendant to the (aid Maa- nors, by ^^cwxrciZ^^Smoak-mony. 6. Before I palTe from this, one thing is not to be omitted: that however the Pope had this as a due, and for that end hisColleftor did abide in ^;^^^/^;^5 yet he might not raife the auncicntaccuftomed proportion of the Taxe , nor in any kind alter the manner of taking it ; for when Riga^idus from the Pope endeavored that , he was ftreii^htly prohibited by ^^iV'^rrf the 2. The <'Ad ^^^^^^^ itfelfisprmtcd. inEdiv.z, As for the value thefe Peter-Pence did amount to , I have fecn in an old MS. belonging to the Church of Qhtchcjler , a Bull faid to be of ^ Gregory sths. that did sp^^.^'^^^^^^^^ proportion them after this manner. Epifcop. Epifcop. 1. s. d. 1. s. d. Cant. ' — — 07-18-00 Exonienfis 09-05-00 London, — - ic— 10-00 Wtgornie?ifi5 - ic-05— 00 Rojfenjis — —05 — 10—00 HerefordenJ. — .06-00-00 Norlvice7ifis — 21-00-00 Bcithon. ■ — « — 12-00—00 Elie?ifis — • — 05—00-00 Sarishur, — — 17-00-00 LmcolntcnJiS' — 42-00—00 Co'vcntre'^ijis — 10-00-00 C'tcejlrenjis — oS-00-00 Ehorac, ^ — — 11-10-00 Winton . 1 7-0 6-08 Dat. apad FrhcmVetcremy:. Kalend.^^/;jPontifica- tus noftii anno fecundo. L 3 But. 78 aAnHi^oricall Ftndicatton Chap. IV. But this could not be the Bull of Gregory the 5. who ^Tlorcnt. dycdabout 997. before s Ely\^^s erected, orEpifcopall ^^f^lTo9. chaircs placed in ^ Lincoln or T^orit^hh. f.^si.cT'aiii. 7. The laft article in the oath prefcribcd the Clergy /^Remigius fi;omthe PoDC, ofobcdicncc to him , was, not any way loso. /r^rfi- to alienate thepoliellionsot their noufcs inconJuLto Ro- fjtiiitfedera nhxno Pontifice, Whether this claufe were infcrtcd l^tTke^flr^i ^hen 1 1 1 5 , it was firft required of i Raulf tW Arch- Lincoln, c^ bifli op of Cant . I have not been able to certify my felf- Hcrcbcrtus ^^^^ ^^^^ ^^ ^^ belicvc it was not : for thoueh we find it circji 1086. de ^ . r n • r ? * t » Thetfordiay m^ UMath. Parts, when it was hrlt impoledon Abbots ^orwiuh. and Bifliops, yet that was after the Court of i^c^^f had Tm^^ ^^ ^ tailed thefweetneffeof taxing other Churches j lacithcr leap, I. w.^o. is it in any of thofc conditions mentioned by ^ Dueto, kvtta^bbat. g^j. ^vhencver itcamein,itiaiplyinga rio;htofalicnatin2: I),l40i27«. ^ i. J o CJ (^ ifiji, major, the poflcflions ot Religious houfcs and Churches , with M 4 1 4> i<5. the Papall licence , bred an opinion , that without his af- oo/.6V% 6. fent there could be no good falemade of their eftates, by any temporall or fpirituall power whatfoever, though with their own concurrence : and the Court of >wMat. Paris ^^^^ grew to maintain , ^ That being a Mother, flie fcil^iViyxi oughtto be relieved by her Children. » GelaJius\.\\c^(Z' n brdcricus cond in his diftreffe 1118, is faid to have defired k Nor- ^±6 'c^^*^' niannica Ecclefia fubjldium orationum , & magispecuma- rum : yet certainly the Norman Church did not then at all condefcend to any^ for the French Agent in the oMau Paris ^ Lugubrl querimoma{oi\Mh\ch before) mentions him a- ^ditament. mongft divcts Others who,expeird luly, fled into France pM,cerunt Ecclefiam n. 66. Gallicanam , nee dando heneficta, nee petendofubfidiumpe' cuni(£ vel armorum^ fed fpiritualtbus armts , fctluet la- crymis ;»;««/- ving the King at all^ without q his licenfe, endeavouring i„sextocap.i. the gaining a fupremacy over them as well in Tempo- W.Kaigh- rallsasSpiritualls, who hitherto had not meddled with '^""^y'^--^^^^ colledions of that nature. rGervas. For the ^ fame Henry , about 17 vearsbcforc , (after ^^ofobcrn, th example oi the French) didcauicalupply be made co/.i599,7. for. 8 o ^n Hijloricall Findkation Chap. IV for the relief of the Eillcrn Church ; but I do not iind it to have been, either upon any motion from Rome , or any part of what was fo levyed to have been con- verted that way. 9. But the former granted 11 83. paiTmg with (o great circumfpcclion , perfwaded the Popes not to think fit fodainly ( as it fecms ) of attempting the like; yet that the Church oi England might not beunaccii- ftomcd to paiments , they fometimes exhorted Chri- [lians to the fubvention ofthe Holy Land, and thereupon did diftributc Spiritliall Indulgences ( which coft them rNew'ri- ^^^ afarthing) and procured Princes to impofe on their gcnfis/ifc.?. Subjeds for that end : fo did / Clement the 3 . or rather f.tp.zi.22,z3, (7;^^^£7ry thcS^h- about 1187. ftir up //^/^. the 2. and?/?/- e^c. Hoved. , ^ ^ n . ^ ■ t^- / j ^«».iiS7. uf K^tigHjtHS y ^ InnocentiH6 i.Y^vc^^ lohn: ana » as a joii6i^h.zs^ generall Superintendent over the Clergy, didthenin- fe'^ Doro- tromit himfelf and his Agents in the raifmg of it , and (o bern. c.i 5 12. did couvcrt fomc good proportion to his own ufe; info- ^[\ „ . much as lohannes Ferennnus iknthithct: i2o6.fromthe «Mat. Pans ^ , , , . ^nn.iiGi. lame InnoLentius 3"^, « carryed hence a good quantity; p^5.io5,54. upon which King lohn writ unto the Pope 1207. pazzo^.ii. * ^^^^ uheriores fihifruEtus proveniant de regno K^nglt^ , « Mat. Paris o^uam dc omnihHS regionihus c'ttra i^lpcs conjlitutis ^ &c. v^«w.i2o6. Yet truly, to raife any confiderable fumme ofmony X Mat. Paris ftom the wiiolc body ofthc Clergy, for fupport ofthe p.224, 25. Papall defigns , I do not find any great attempt before p(i"\e\^z, Gregory the ix. 1229.J demanded a tenth ofthe move- 49.f 45. } 6z^ ables, of both Lay and Ecclefiafticks; to which the Tcrn- .r^" porall Lords would notatallaffent, Nolentes Baronias vcl Uicas pojfefiones RomanxFccleJict ohligare\ and the Clergy were unwillingly induced to the contribution. The Pope thus entred , meddled no more with the Lay, ^Mat. Paris but of T the Clergy eleven years after he demanded by p<»5 516,2*0. '^^^ Legat a fifth part of their goods. Many meetings ^^^^?»53+, 8, were had about it : ^ they flicwed the King, they held ^^' their Baronies of him , and could not without his atTcnt charge Chap. IV- ojthe Church of England, si charge them ; that having formerly given a tciuh , this of Tifjjih might create a cultome ; and at a meeting in U.irk- Jh re exhibited IliiidLV {kA\A reafbns ( too long to be here repeated ) ngainil the contribution. But nothing would Icrvcj the King made for it, and th' Archbifliop out of private ends paying it , they were in the z\\^ forced to yield (iich a lupply > as at his departure the year follow- ing it was fay'd , ^' there did not remain lb much treafure ^ -^^Jt- "I'ans in the Kin2;dome, as he had in three vcars extorted from *^""' * ^'^ ' ' it (the vefl'ells and ornaments of Churches excepted.) lo. But neither the paying it with fo great reluclaney, nor the ^ Remonftrance prefer'd in the Councell of ^^^ni Mat. Lto}2S 1 24.5. from the body of the KingdomCjOfthefevc- ^*^''^ p.^66, rail exaftions the Nation lay under from Rome , and like- wife ^ to the Pope himfelf the year following, could ^-^P"^ '^^'"'C.. ,-\ \ II Paris ^nno any way itop the proceedings^ but //?^;^oc^^///«j 4^115. 1246, 1.46, ;>.698. c invented a new way ,to charge every Religious houfc 40,5 1, c^c with finding and paying a quantity of fouldiers for his \^^^'^^^^' fervice in the wars for one year ; which being required \xg. 707, 30. from both the Englijh iw^Fremh ^ produced here thofe Vi.- 7®^- prohibitions in the fame Author againft railing zv\yTaL lagium or auxiUum. But the French caufed their Agcnc to ufe a feriousexpoftulation in the bufineiTe^ which, becaufc it is not printed , I fliall deliver at large as I / find /^'^ Luguba It. Isljincii denovo nccejjeru7tt ^ nova gravamina aadentes j^^na^em, fupradicHs : jS^uper emm ma7idavijits EccleJiiSy ut quia Mat. rari> perfectitor vefier ad partes tflas venturus eU , mitt ant njohis '^^^' ^^ *^"* miLitiam mumtam ad refijtendum ei , quia non ejt conci- ». 59,07. iium coder e vementt\ (hoer sitio (atis excuftibilcs fuiit Ec- 5'^^^^- ^^'^^^ , r 111 n Ann.\z\Q. cleji£ J quia non havent miUttam^nec eft in parte eorum mit- ^ 707,2. terequodnonhahent , quos etiamfi haberent & mittcrcnt ^ uc (i clcricus 7ton efl tutum confidcre deipTis. Nee fcitur etiamde illis, ^'•'^/""^. ^' utrum venturusjit J quia etiamji veniret , pr.nfLrcndum ftatus,cjui"- elfet ( ut vtderetur ) concilio hurn.ino comilium Domini , '^'i"'' ^'O"^.^'* qui dtcit ,Sr perjecutifuermt vosmunam ctvitatemjngite p^p^ con- tnaltam, &c. And in the fame year he ^attempted the vcitcrcnrur M making 82 AnHtjloricdl Vindication Chap. IV. making himlelf h^ir to any Clerk that fhoulddicin- .-.Mat. Paris tcllatc 5 and the year .*. following received from the f. 730,1 . Clergy eleven thou fand marks, r.v:^/'//i rx^w^/zi C:r//'/-^ bus ctcricis , as an addition to fix thoufand he had re- .-.• ihiL^^nn. ceived the /.* year before. ^246. f,7i5> 1 1. I fliall not here take tipon me to repeat all the times and wayes by which the kibje£l had his purfe thus drained , the labour would be too great, and the proSt too little; it fliall fuffice to note, the Court of Rome ^ bymuchftrugling, overcame in the end all diffi- iiKor. Pur/. cultics,&did arrive to that height, the ^^ Commons wxre •y'107?' forced in Parliament 1376. to prefer this petition ; Si ioji come le Pape voet avoir monoie pur maintenir fesgucr- res de Lombardy , (?« atlleurspur dcfpendere , ou pur raun- fori, aufcuns de fes amys prtfoners Fraunceys prifes par Bnglois, /■/ voet avoir [uhfidie de Clergie ^'EngleterrcjC^ tantoji celuy eU grantez, par les Preiats , a catife qe Ics Evefqcs nofent luy contreftere , & eji levc de CUrgieJaKS lour ajfent ent avoir devant : Et les Seculers Seigneurs my pr eigne nt garde i nene font face coment le Clergie ejl de- ftrutci y & la monoye de Royalmc rrialement emporte, 11. And mdeed the Kingdome had great reafon thus to complain; fee one of many examples that may be alledged. In the year 1 343, the 1 7. Ed, 3 . cUme?:t rhe6. fenthither to provide for two Cardinall Priefts, one out of the Province of York , the other Canterbury , in fpirituall livings, to the value of 1000. marks a piece, 17.fi/ /^ * * f^^ uneji gener ale & cover te maniere , qe lafomme paf- n. 59. f^f^ dix mille marqes avant qe le dounfoit accept. But the AWaifing. State would not endure this, ^but chafini^ their Asicnts 3fo. out of the Kingdome , the Kmg lent through every /Hcn.Knigh- County , ^ Ne quts ab eo tempore & deinccps admitte- o.250> retur per bullamy fine fpecialilicentia Regis : And a little after, the Parliament held the 20. ofEd.s- 1346. the m Rot. varl CommoHs yct more plainly , ^ Nous ne voulons focffrer »• 3 5* ^^f^ycmentfoitjait as Caratnaix , pour lo(4r dcmoere en Fiance Chap. IV ojthe Oourch of^w^:{\\^. 85 frjiKc detrcter y^c. And foon after they rcprcfent this very particular ot 2000. marks to be " ck unicntiife- *^.'^- mt/it dc la ten e^ and encrcjc dcnos enemies -^ and therefore qtiils ne fount 01 nut mantcre focffcrts , (See. In both which his Ma^'*"- gives them content. 13. Neither did the Papacy, having gained the pof- fclTion (as 1 may term it) of taxings impole thcfc pay- ments for one year onely upon forreign Churches , as at firrt, but for fixfuccelUvely one after the other. So did ° Ichnihcii. in theyeau 1277. and? Cleme?nx.\\nalitim& FixlatorHm^ ationtm con- p»s- -5>7- M 2 jilium 84- ^In Hisioricdl Vindicatton Chap. IV. fdium commode haheri poterit ; nee fpecidtter in aliquo regno vet urovincia, , tnconfultis pr^^l-itis tpfius regrjivel frovmcic^y ^c. Upon which Decree a llipply of the ^f^rnen^s '^^^^^^ being >> twice demanded , viz. 1515, and 1518. p'ig's?' p.s9. by Z^t? thexf'i* againftthe Turk, th' £;^^////i Clergy de- &^ruiuffve y^yQ^^\ j-hci^^-i bQfl-^ tin-ies. Thus the Papacy by Httlcand £p!f}oU Leo- ,., J- /;i - r ' 1 n\sde e.idetn httlc gaincd in England the power ot lometuiics lay- re, quasyidi ing that Tax on Church men , is to this day known by nuunjcr. ^j^^ name of a Ten^h , which became Hmited , as we have cap.],"^' ' fcen; and after byz rtatute the z6. Hen. S^'^- transfer'd to tiie King to be pay'd annually unto him; as were like- wife x\\^FirJl fruits or profits of one year, commonly called o^;^/«.t/^ , (for I take them tobethefame) ofall fpirituall livings : of which a word. 1 5 , Tlie firft raifing of them feemeth to have been, that when the Court of iic?»;^ did confer on Clerks and Chaplains rcfiding with them , benefices in the Dioccfcs of others, they who thus obtained from that Chair not onely the Spirituall , ot Ordination , but hkewife the Temporall of Profit, did at firft, either to fhew their gra- titude, or for that the Pope would have it fo , voluntari- ly give the whole , or fomc part of the firft years revenue to the Court, by whofe favour they received all : and the Papacy perceiving the gain did thus accrue , laboured to extend it farther; was in fome fort imitated by other Bifhops; and for avoyding the fhew of Simony , cover'd ^Minuta >vhat Was thus took with the names of \^?tnates , Fa- fcrvitia ipere cantu , "^ CMtnutA ferv'ttU Scripture , and fuch like. fmdi fat- gj^jj. ^5 ^^ Gregory ^ toleratins; onely a liberality to he tnenis , Jttch as o / ^ -^ , ^ •' hadany expe- givcn after the reception of the Pal/, his fucccftbrs knew ditioninthe how to tum it to a revciuic ; fo thcfe, however at 6.\:[\: Rome tpere t)cgun , did aftcrwatds become annually a profit. What lyihU unto, as feestoscrtainOffiters or fervants of ihe P ope , c.tlled therefore hit\\\\^res Dni. Pa- pae : aioflate^ fuch as renewed leafcs of the Archbishop of Cant, did to his Secret aries^ and. •thersof his retinue. ir,%9. there was pa)ed^ of thefe to the J ope , andone to the dependents on the cardmalls, Ihorn (ol,2iQ^ 31. tbfrcfihuycuodijftCHltj. aL//'.4. ££i/?.44. Indi^.i^. Others Chap. IV. of the C^wch (^/England. ^^5 others did in this kind, isnot ncccflary to thatlticat of; butupon the practice of the Church of y?ow^, the 25. £<^. 3 . the Commons ^ exhibit this petition to the Kine: '^'^^^-^^rl Prte ft Commune y OLC. ae 'V ee r (y regarder ^occ. Comcntle z^.Ed.-i.nAi, Pafc ?ie folott avant ces heurcs fane refer^v.-itions de nul benefice dc feint Efglife ^ fiH 7ie fiijl de benefice dc fcs Cha- vleyns , ou de fes Clerks qe mover ont en la Court de Rome ; (^ ore urd & de novel pur covetife d' avoir Ics primers fruits y &lcs nut res profitz. qe endepcndent , tid^ rcfcrvee &" referve dejour e?'i autre a fa collation ge?^cralcmcrtt dr efpecialment , fi bien K^hhetes & Fr tones , come toutz. Ics autres grantz. beneficeT ^'Engleteire qefont de Fatronagc cfpiritcly & generalem'ent il ad' refervee ore tardtoutcs Ics dtgnites ^'Englctcrrc , O* Provendres en Efglifcs Cathc- dralles , & les donncfibien as Aliens come as De?iezcinst & ifint ad le Papetout7 les primers frmcis dcs dits bene- fices. By which it appcarcs, the Papacy , that former- ly took the firft-fruits c^onely fuchlivings asmendyed poffeft of in the Court of 'B^ome , had an intent of ex- tending them to all were^^ Patronage efpirttet: but whe- ther an aiSivc King ftopt upon this the endeavours of that See, or the Popes, wife men, thought itnot fit to make too fodain an irruption into the profits of other Churches, is not greatly materially <^ but 25. years af- <^^'Ot.Parl, ter, the Commons again rcprefcnt the Popes Col- ^%^*^' Icftor , Ore de novel ceji an & ne le prrfl unqcs devant at oeps du Pape lesprtmtcrsfruitz. de chcfcun be?icfice , dont il fttt provifion OH collation^ except de graces grant ez> aux povres , ou tine folett prendre fiulles frmflcs forfqe foule- mcntdes bencficez. vacant? en la Court de Rome. 16. But in whofc time thefe firft-fruits bco;an to be taken , there feems to me feme difference amoniz.fl: writers. Theodonat^ a 2{tem (who lived in the Courtof Rome, Secretary as fome write to Gregory y^\z xi. or ra- dDefchifmate- ther, as it feems tome, of Frban the y\.) ^faycs, Boni- '"'"' ^''^''* J ace tlie ix. circa deamum annum fut regimims^ VjZ. 1399. hh. 1 cx^ s^. M 3 primos 86 ^yfiiHijloric all Vindication Chap.lV* j)ri??jos f fact Its anUis anni omnium Eccle/jarum Cnthedr.t^ lium & (^obatiarum 'vaca?utiimfu£ earner je refervavit , it.tquodqutciincj^ueextti'fic per cumpromovert voluit , ante omnidcogebatf^rfolvereprimos fruclus eccle(i^ , velmo- f Platina \n Thtfteru cui prr£hendys o^c^^^ring'of any Pope before, I cannot afcribe other itgniuti- to have began them then he ; w^ho though , in a ^ bull huscap.ii. dated the 5. lanuary 4.. Pontificaius, he mention /'r//^^^ CQtnnmn. reddttHS,proventus, primt anm benejiciorum , yet by the doubts Chap. IV, of the Church of Y.\\^:w\d, 87 doubts he there rcfolvcs, fhcws the practice of thcni then newly brought into the Church. But w hercas the ^^ writers before-named scarce , xho, E?rA,sh ^ of all ^ ^^^' -WT • • J • .^ • u i. 11 /' I manges, Pia- Nations, never received in this the full extent ot the ti,u,roiidoi-. Papall commands , I conceive it to arile from the good Laws they made againft them ; of which before, and after. 17. It ishardly credible how great a mafl'e of trea- furewas bythefcwayes fent hence into //4/v. « The re- "/"^^f- ^^^^^ venues thV^t//.'z«/ werepoiieitot in EngUnd 1245. are p.15.658,49. accounted not lefl'e then 60. thoufandMatks; ^^ 125 2. p-'5-^^7, b^. it was thought they did amount to 70. thoufand (all g^-y'^g^*^ which for the mod drained thither :/> and in P the Par pKo/. pjW. liament held about an hundred vears after , the Com. ^'^■'^•P"'*'/- mons/hew, what went hence to the Court of Rome , n.ii.lenn tourne a -plus qrand dejlruction du Roynlme qe toute La, ^««ij5»» guerre noftre Sag^- Ic Roy : yet y notwiihftandingfo ma- ny ftatutes as were made by that Prince , for mode- rating the excefles in this kind , the 5 o^^- they complain, (I fhall give it contradedly )^ the Popes coIIccIjt here qK?'^^<<'"/- held a receipt equall to a Prince or Duke -^ fent annually «, 105' 105. to Rome from the Clergy , for Procuration of Ac beys , Priories , First-fruits ^ 6cc. xx. thoufand Oltarks ^ fornc years more others lejfe , and to Cardinalls and other Clerks beneficed in England as much-, befdesHphaili^as conveyed to Enghfh clerks remaining there to fo Hi cite the affairs of the Nation: upon lohich they dejire his Ma^y , no col- LeBor of the Pope may refide m England, 18. But the King , as it (ccms, not greatly complying with their defires , the ^ year following; thcv aQ;ainin- ^Kf'.T'ur/. ftance , that certain Cardinalls, notorious enemies ^had pro- «. 7S;, -9. lured a claufe d'anteferri to certain benefices , Ivithinthe Provinces of Canterbury and Jork-^ that the Popes Col- Ul^ior l^as as very an enemy to this State as the French themfelvcs ; that his houfc keeping here at the Clergies cofl -jt^as ^iotIcJfethc?^iQo^, hy the year -^ that he fent an- Tnirdly 88 ^ ^ Ufoily XX. Aim. tnarci i a it iKot. Pari. I. J^c. 1. 71.66, 6f.68. "^ What each Bishop p^^j^d to the See of Komc at his entrance for firfl-fruitSy vide Cod- win, Catal. Ill fine unius cujufqiie Epifcopatus. J/ 1 1-TiJloriciJl Fmdic4tio?i Chap. IV 7iu:i!!y from hence beyond. Seas '*' atone time 20 thoufand marks ^ fornetimcs 20. thoufand founds 5 and l^hat Ivas l>royfe ^ efpycd the /cents of the Kingdome ^ 'vacations of benefices , and fo dajly made the certainty knol^n to the fitd Court '.^ did nol^ratfe for the Pepe the frH- fruits of all dignities and other frnallcr promotions , caufingby oath iopajtijc true value of them ^ fur mounting the rate they Ti-'ere formerly taxed at : Dohich nol(f m the very begmmnti ou^T^ht to be crupot J vScc. Vpon 'Si^hich confider at tons they dejire, allfirang^rSy Clerks andothers (^excepting Knights, Efquircs, Merchants, Artificers) might fodainly avoid the Kingdom-^ nofubjecfSy li>ithout the Kings expreffe licence j to be Proctors , ^^turneys , Termors to anyfuch Alytn , under the pain , after Proclamation made , of life , member ^ loffe of lands and goods , and to be dealt itJith as theeves and robbers ; no mo?ij during the li^ars to be tranfported out of the Kingdom by exchange or otherlt^ife ^ on the forfei- ture of it. Buttothistheanfwer onely was, Setiegnent les ejlatut7 & ordonances ent fattes. Whereupon the ^ next Parliament the Commons prefer'd again three Petitions , touching I. The paiment of "^ Firjl fruits taken come due a la chambrenoftre feint Pere , yet not ufed in the Realme before thefe times , i^as cofitrary to former treaties H^ilh the Pope , &c. II. Refirvations of be- ne fie es. III. By tham^ay beflo'^t?2g them on Alytns , l^ho fu7idry times employed the profits of them toivards the raun- foming or ar ay ing their friends y enemies to the King, of alllvhich they define his Ma^y- to provide remedy 5 as alfo that the Petitions thetn^o lajl Parliaments (of which be- fore ) might be confider^d^ and convenient remedy or- dained. To which the anfwcr is , Les Seiff^du grand confieil or deigneront due rcmedie fiur les matires comprifes en cejles trois bilks precedent es. And here I take the grand Councell to be the Privy Councelf not the Lords in or out of Parhament 5 called i\\Q, grand Councell for the grcatncffc of the affairs fell within their cognizance, and Chap. IV of the Church (^/'England- 89 and* named the $. o^ Hen. thc4.. to confid onely oftK^f. p^r/.j. fix Bifliops, one Duke, twoEarls, and other in allto v?X ,^1?!^^' thcnumbcrof 22. i.n. zo. lo. What order thcv cftablifht , I have not met with; M.Kff.2.n-(S. iris manifeft not to have been fuch as gave the fatis- n.n.wHcr., fadlion hoped for, by the Commons " renewing in cf- 4 «. 59. fcdboth 30- and $^^Mic.z. the fame fuites: and the in- "^v',^*"^' conveniences itill continuing, ^ in the year 1 3 sj. c^f^p. ?. o^ 10. Ric. 2. William Weld was chofen Abbot of S, Au- ^^,'f '""""', ^r//?/;;i (in the place of ^^/fi^^r/ncwly dead,) whotrou- «. 90/91. bled with a quartan ague, the French and Buich on >^Win. Thome thefeas, the King inhibited his going to Rome for con- ZaJn\^^'^ firmation, (5cc. He thereupon employs William Th or ^^y (from whofe pen we have the relation ; hoping to be excufed himfclfofthc journey; who /. /hewing the fuf- '•■^♦^•^^36, feringsofthc houfc, the miferable ftatehe muftleaveit in, that he would ex pole it irrecuperabili cafui & ruirtdt, thattheKing had commanded hisftay, was in the end told by the Pope ( after all means he could ufe) •.•i?f.v •'•^<>'- 21s.. tuus pr^ctpn cj^uodnou veniat elect us Hie , Ego volo quod compareat & examini Je fuhjiciat : and again , after yet more earned follicitation , quia audivimus turhationem inter Regem & Baronesfuos , ( the fitted time to contcfl: with a prince ) & multafmijlra de perCona lieBi^ & quod cederet Romans ecclefi^ tn :: prxjudicium, abfque •'•'^'^^? «• perfonali comparitione non intendimus ipfum confrmarCy ne daretur pofterts in exemplum. The caufe hanging three years in fufpenfe, the Abbot in fine was forced to appear in Rome for his benedidion, and returned with it not to his houfe till about the endof-^/l^r^^ 13 89. the iz.Ric. 2. After which, the next y Parliament obtained the fta- yn.Bjf. 2. tute of Pr^w«;?/rf, againft the Popes conferring any Be- j.'*? -<^^3r neficc within the faid Kingdomc from the igoi January '^^' "' thcnenfuing; and no pcrfon tofrador bring any furti- monSj or fente nee of excommunication againjl any for the execution of the fame lalPy on the pain oj being arrefied, put N tn 90 An Hijlorkall Vindication Chap.I V /// pnfofi^ forfcittire of his Unis y tenements &c. ani inc'Arriyi'^ to ^ fun of life ^ member^ &c. The intent of *,'-/^,-^"^* ^' which Luv .-. Polidn VLr'ril ria-hdy interprets to have hifr.ltb. zo. . -. ir*'^ii'^ I 1^ pij.4r7> 32- ^^^^^y a CO ift'iing the Papall auaonty wuhm the Oce- an, and (oz thef':eqLicntexa:T:ions of Romey ut ntilli mor- txlium demceps liceret pro cj^i^xvis cxufx xgere apud Komx- rtum Pontificem ; ut qi^ifpixm in Anglia ejus autoritate impius religionifque ho(l is public e declxrxretur^ neve cxe- q:ii txle mxndxtum fi quad ab illo hxberet, 6cc. To which. -.• T 6. ^c. 2. law three years after fonie other * .* additions were made ; ^""i'^' andnoneofthefe were ever repealed by Queen CUxry^ whothoughflie did admit a union withthe Church of RomeyYctin reftoring the Popes Supremacy the State u- '^^M^cljee ^^^^^ /.'great caution, as it ever fcemed tome rathera Cook infl.'i. verballthenrcall admilTion of his audority ; which it fog.izj, fcenis her Majefty well underftood, inthatflie would never permit /'^//o to appear before her in the quality of either Cardinall, Bifhop, or Lcgat, to all which he was *r.Caiholick preferred by Pauk^ ±. But where *.•. fome would ex- Jweriosr. El cufc tlicfe and fuch like laws, as pad by confent and tole- Cook, cafAz. ration frem Rome^o\:2ii lead by the importunity of the L:iy\ ^^llxliT^' ^^^^ ^ ^^^^^ ^^^^^ ^^^^^ enough fliew the Papall care, in fuf- fering nothing, they could (top, might any way prejudice, that See. And for the Blfliops paHTing the i6 Ric. z.prcf- fcdby the Tcmporalty,itis fomuch otherwife , asthat Statute is enrolled on the defire of the Archbifliop of Canterbury, Rot. Pari. i6. Ric. 2. numcro 20. in fine. 20. In the fame Parliament, the Commons, as it fecms,mLich exafpcrated againfl: the Popes colledour, ■i-^^^^-Va-tl. do yet farther ^ petition, he may have the warning of fourty dales given him ro be gone out of the kingdomc, fur peine d'cftre pris come enemy d'.i RoyC ranceone -^ d^ qe di'fore en avxnt nid colleciour foit dernoera^nt dcin7 le Royalme d' Englctcrre, s' tine foit lige du Roy^ & qe mefme cejluifxcc 7ttd rien a contrairede Icjlxtute de Proviforsfxit en cejl prefent Pxrlement J frr peine de vie & de membre. 1 3. JI.IC. 2.7^ 43 Chap. IV. oj the Church of l^n^^nd. 91 Ja?iz,perdjny conjider.i7it les mcs chiefs Cy" damages qe Us Co Ik clours efltAJig^s ou7itfaitz dcin7 U Roy. time deva'n^ ces heures. Bur to this the aiil\\'cr only is, Le Roy s' adviftr.t. 2 I . Af:cr thcfc petitions and Lnvs, however they fuf- fKicntly bair'dtheCourtofyv^;?.^ from medlingwith this Church, and enough ihcwed the right of [he Kingdoir.c in reforming of it lelf, and redrelllng aU inconveniences came unto it from bevond lea: vet the Kini; haviniz;a power of difpenling with thole ilatutes, thismifchiefen- lucd : divers who ealily obtained letters of provifionto a good bcnchcetrom the Papacy, fucd to the King^who held fair correfpondcncy with the Popes ) that they might put his bulls in execution; who delayed hiscon- cclVionsfomctimesaycaror longer, after the vacation of the living, during which theOrdinary had admitted lome able perlbn into the place , who then began to be diftur- bed: for prevention of which, the ^ {latutesof7.//f;^.4. a7/ye». 4 and 3 .Hen. 5. were made, that no licence fliould be avail- ^^^* ^* ^ ^■''' ablcagaintl any poQVtl ofa hving at the day of the date thereof, and farther to make void all lb granted. x\fl:er •.• whichthe contraft, toolongtobehereinferted, be- •.• Concor- twecn 'JMAYtirn\\z 5 . and \\\zEngli^ Church , for fetling ^^^^ i^^^"^ fevcrali difputes of Ecclefiaftick cognizance, as oiuniti?7g & EcdcHam benefices, conjolidattons, ^c. was concluded; in which Anolicanam the Papacy leems to permit fuch particulars to the En- "^/^]'^f'*^[^- ^///7-;Clergy,as they would not be retrained in , though ^mBibiio- ibrmerlv claimed not to be exercifed but by his auctori- •^^^^'^'^ Cottoa. ty. Yet the 8. /V^i'^i. 5.^/. 10. the Commons petition, cje )iulfcrfone, de quel eji ate o:i conditio?i qu it Joit^nc amejfie ichors du Roy dm e a Engletcrre — or 7ie argent Pour marchcindife de feinte EJgliJe ^OH autre grace ou priviled^e d^feinte Efglife avar ,?ie pour autre ctufe quccoTtque, t^c. 22. It would be here tedious , and no/ greatly perti- nent, to repeat all the provlfions made in this kind*, fbr' the well-governing the Clergy of this Kingdome, and prefcrving of them free of deftruclion from abroad ^ N 2 which ^2 AnHtJloricall Fin die at ion Chap. IV which yet were nevci' fuch , but the Pope and his officers did export a great quantity of treafiire from them. WU- lum Thorne hath recorded the disburfements to the Court oiKome at the elcdioii of UUichael Abbot of Saint K^ugufime 1375. ^^ot to have been leffe then 42 s\-i7*.--io'*. befidetheexpenceof fuchas werefeot* and what was paid for theioanof mony to make thefe h Jntiqui- payments,T'/z.. i3o'.-iS'.-2'*. OurHiftorians* obfervc, l*^/^^^f-x,J in the Parliament held 1532. 23 Hen. 8. it was compu- cr^nmeripsg. tcd, the Papacy had received out of EngUndiox: only the 581. i.edit, liiveftiturcs of Bifhopricks, in the fourty years laft paft, Alwi^tMen. an hundred and fixty thoufand pound fterling, which is s./oi ccui.a. fourthoafandpoundbytheyear: an incredible fumme> ^^^ J *J confidcring the poverty of the Realm for lack of filver, the weight ofthemony then currant, and the ftri£l laws of former Princes againft fuch likctranfportations. 23 . Thus having fliew'd the beginning of the Papall audority with us, and how from the generall power all Biflaops received from ChriHy and the fatherly care fuch as wercinftrumentall in the converfionof a people did carry to them as their fpirituall children, and the obedi- ence they likewife yielded to their ghoftly fathers , the Popebeganby fteps(asl may fay) to exercifea domini- on over the Clergy here, and not ftopping there , upon various pretences, by feverall waies,and(as it appears ) degrees , to become fo far lord of their Temporalis, that they might not difpofe of them, well, contrary to hisliking.becaufehehadthe foleruleof all committed to him from Chrijl : the firft point I conceive fufficient- ly proved, 'vi7. that what was gained thus by great indu- ftry, at fundry times, by feverall means, could no way^ fpeak his fuperintendency over this Church^/^r^^'V/;?^?. ^ The fecond point remains, wherher our Princes, by the advife of their Clergy, had not auftonty tocaufe- them reform this Church, without anynewaffumpti- ga of power, not formerly inveftcd in the Crowns which: Chap. V. of the Church (^^England. 93- which leads mc to (hew what the Rcgall powci- m fxcr'is was here held to be, before Hen. the S . and Komt divided each from other. Chap. V. Ho^lpfar the l^ga/l poiver did extend it felfin matters eccleftaflicalL Iiforelenter into the difputcof the right the kings of Ey7gUnd3,96j. counfell, and the like, fo convinces the inward confci- ence, as it is wholly obedient to his didates/uch as thofe of St. P^/^r were A£ts ii. 3 7. zndexternall , where the ChurQh/?jforo exteriori compellsthe Chriftians obedi- ence. Nowforthefirft andfccondof thefe , the King did not take upon him at all tomeddle ; for he neither afTumed to himfelf a power of preaching , teaching , binding, or loofing inforo anim<€y adminiftring the \\o\f Sacraments, conferring Orders, nor to any particular is properly annexed to them 5 only to fuch things as are of ] tlie outward policy of thcChurch, as that God may be- truly fervcd , fuch as tranfgreflb the received lawful! conftitutions even ofthe Church, fitly pum/hed , by the right ofhis Crown , the continuedpradliceof hisAnce- ftours, he could not doubt but he might deal in , caufing all others, be they Clerks or other, that offend , to fuffer condigne pu aiflimcnt. N 3; z, Eor: 94- ^^^ HiHoricall Ftndic^tion Chap. V. 2. For the better undcrftanding howfarthc ecclefia- ftick rule of our Princes did extend, we are to knoWjthey were never doubted to have the fame \v ichin their domi- nions, ConJt^ntitu had in the Empire-^ and our Bifliops to have that St. /'^/rr had in the Church. iE^^Conftan- tini, vos Vcingl.tdium hahetisin man'tbus^ faid King Edgar crf/>«JAilre- to his Clcrgv, in that his fpecch fo <^ recommended to dumco/. poilerliy. And therefore , as after the Chriftia;! ma'o- roHUiS no^QS^Jinc ulla ChriJtiiinttAtts Live \ ana as Con- hg. ad lib. 5. (Icintwe did efteem the Ecclefiafticks TT^Tnar.JTOf i^K>.y^^^ , but cion^ -i.^nno himfclf ^1^ Uiig ^}^ ei2 yjc^gxt(yS{j(3r y^noKo^e-, them for things M2 w. 100. within, but himfclf for matters without by God appoin- '^Eufcb c/e tedaBifliop: lb the fame Kin c^£^^/?r, ^ nolcile to be tjilib. ^-.cap. remcmbred by mzErjgUjh then Charts the Great by the 24- . French , was S folicitous of the Church of his Kins;- f V \ctr Wi- poru. y^««o dome, veluti Domini fedultiSK^gricoU^ :\n(\ Paflornm 974. p. j6o. p.^^r, was reputed and writ himlclf the Vu^r of thrifts ^-Re^uUris aj-i^byhis h laws and Canons affured the world he did nctiiScldcni not in vaiu affume thofe titles, and yctjineulla Chrijliani- u^Eadmer. /^//j /^^^, fo far as antiquity cvcr notcd. 5^^*55,6/15. 3. What particulars thofe wcrcthe Empcrours did ^ concil. hold Tti utcV Tiff MtxxWa^ , to be without the Church, be- Spelm pag. lomrino; as I may fay to their Eptfcop.uy, nothinc; can bet- ^a^.^yc.cap. tcr tcach us then their ccunmands yet remainingu"! the 8. \\Ae leg. laws they publiflit; as in Cod.Theodof defer its, de 7iup- ^ war .cap. ^^^^^ ^^ dcfde cathoUcA, de Fpifcopis ccclef, & Cle- h coned. ruts., de A'fonachis, de H^reticis^ de K^pojfatis.de rcligionc^ ^P'^'^'^^ ''l'^- deepifccpaltjudicio, (See. Cod. luft. lib. i . Tit. i . 2, 3 , 4, 5. 47(5,' " 6cpairjm inco randiniheNcvells, Novel.6. ^omodo oporteai ep^flopos C^ c^teros ctertcos ad or din.itiones perdu* ci. Novel. 137. dc ordtnatioiie Epifcoporum & Cleruo- nun. Chap- V. of the Qhurch 6/ England. 9> rum. The prefaces to which two laws are remarkable : thcfiift fliewingthc Priedly office is Divinis wimjirarey and the Princely, maxiw,tm habere fulluiatduicm circ.i ve- ra D.idogmat.t, & circa facer datum honcjlatcrn^ &c. liic o- thcrbcginningthiis, Sicivihi/s leges, quarum poicJLttem nohis Deus pro fua ra ho?ni?iCS ht/Hgthitate cr^didit^firmas ahomn'.htis cuflodiri ad cbedicntiHm [ec:trit;itim fiud'.mus^ quanta plifsjludu adhiberedebcmus circificrorum Carionurn &divinariim legurn cujlodiarn \ And accordingly Novel. 12 5. in 43 chapters hedidcftablifli many particulars per- taining to the government of the Church and Church- men; and Novel. 13 1 .notonly 1 appointed the obfcr- '^^'^t!>^' vanceofthcfourtirdgcnerallCouncels, but "^ decrees '^'^•'^ -» 5,4- thcplaceorprecedcncy ofthe Pope ofi^^w^and Arch- bifliop o^ Cu.'jjlarj>ti?iople{ho\.\\^ be according to their dc- finitionsabove all other feats, and how far the Diocc- fesoffome Chairs by him newly creeled fliould extend, befides other points in feverall chapters to the number of 1 5, treating of particulars folely heldnowof ecclefia- seeso^ii,. (lick cognizance; asdid likewife C^-^^r/j the Great, and *-^^» Ludovuus Pius m their capitulars in very many places. But withthcfe I have not took upon me farther here to meddle, then by naming Ibme, tofliew, they having, been praftis'dby Emperours, the Kings of England , en- dowed from above with the fame :xudion{\tncccleJii/li' ciSi might very lawfully within their dominions exercifc the like : the qucllion therefore will be, what they did underftand their power in the Church to be, and accor- dingly how farthey did extend it in ufe. 4. Asforthefii-rt, nothingcan fpeak more clenr then, what thcmfclvcs publiflit on mature diW^ fad deliberati- on,yet remaining in their laws; in which vvc find the Recall olfice thus " defcribed : R,Xj quia v'lcxrius ftm-^ nZe^. £dw. mi Re (Scc.asthofe that ^ contra fpintualcs ncquitias debent po~ 7sequortnre- p^^opravidere.hy letting them know, qt4i Deipraceptis o- liqmslotsi' bedire ncgUxerit^ hicium tpfo Deo commune non habeat. icnfcm. And this is that fword of St* Ftter mentioned by King Ed' Chap. V. of the Omrch o/Eiigland. 97 Edgar , which when the holy Bifliops of the primitive times did only put in execution , they neither found Princes backward in fupporting their delignes , nor peo- ple icfraclory to their exhortations. Thus we lee, as they declared theoiHceofaKing, they were not filent in that of a Bifhop, (hewing how cither laboured in his wr.v the reducing people to piety, and a vcrtuous life^ the one by making good lawsfor compelling the wicked, the other by giving fuchinllrticlions as convincedihe inward man. 6. So that we often meet with the Prince extending his commands to the fame things the Pricft did his pcr- fujfions : as I. In point of Sacraments, "That children /bould be ujorval r^^, baptized within 30 days after b\ti\\,Leg.h2a cap.i.pag.i. -^^^- 7^^- I I. And, becaufe it feems fome Priefts were negli- gent performers of that duty,^' That fuch as were noi *iorv;^i. h^. prepared, or denied the baptizing of them, fliould be pu- cqC%,o.^^'^* niflied. Leg.Ed.&Guthrumcap.i.pag.^z. excerptiqu^es Egbert! dtp, 10, 11,12. tnconcil. Spclm.pjg.z<,^.\vhzTQ. you may obfcrve the Kings precept to impofe on the tranfgreflbr the payment of 12 yora.but the Bifliops to j v.hat Ox^i be onely perfualive. jpasjce Mr. III. Noperfontobeadmitted tothe Eucharift, bea q"/^"^"* Godfather, receive confirmation from a Bifhop , not knowing the Pater uS^JIer and Belief. Canones datt fuh Edga.ro & legihus ejus annexi, cap. 1 7. 22 .^. 67. C^' ? Leg. \ lorval. c^t^. Canuti cap.zz. p. \o^.Spelm. Concil.cap, zz. pag. 599. ^7'"" ^^^' IV. That perfonsinftrudcd fliould receive the Com- munion thrice every year. ^ Leg.Canut.cap. 19.^,1 04-. a Jorvalcnfis V.Rcftraincd by their laws matrimony to the 6^^ de- ^■*?-^-^°^' grccoiconlangumity. ^ Leg.Canut. cap, -j. p. \oi, b^/>»*iiiorval. VI. Referved to thcmfelves a liberty of difpenfing f^p.ir co.pi? with the marriage even of Nuns. ^Lcz. K^Utred. cap.%. ^^07^1- ^'f' A . • • , r -1 • ^1 9cqI. 825. ^.25. And It is not to be forgot, m that particular, Lanfrank joyns the Kings advife ("as aperfon of equall power; with his own, :,&hoc ^/,faitk \\z^confiltum Regis "^ ■^z^''!?^"^' &9^ru?n, O 7. Com- ' ^'" 9S ^hHtJloricall Vindication Chap. V. VII. Commanded th'obfervance ofLent /'r/^a/?^// aticloritate. Bcda//^. 3 . cap. S. VIII. Appointed certain daies to be held fcftivall by the better fort, but allowed the fervantand labourer to fu^^sTlo/!^* work in them. ^ Leg, i^luredicap. 39. pag, 3 3 .which %i6,6o. the laws of CanutHsi'c^vw after to takeaway. ^ Leg. Ca- ciorval.^^ nut.c.ip.\z, 43-/'^^^. ii8. See \\\zkz fng. 103. cap. 14, 6c),yll7il 16, i7.which wasiikewife exercifed \ 191. by Richard 71. col. 927- the 2. roVpio/Ti^. I ^^^^ ^^^^ ^h^^*-* ^<^i<^s for the obfcrvation of the i7> 18, 19, Lords ^4^, payment oiTythes, Incontinency,2in& fuchlike, 20. Thorn (heidnow merely of Ecclefiaftick cognizance) for the C0/.2I97, 15- ^ ,.,..-, -^ ^ '' multiplicity of them. IX. Divided old, and ereded new Bifhopricks. ^^^-^ lib. 3 . cap. J Jib. 4. ^4-^. iz.lib. $.cap. 19. ideecdef.Ub, ^^d yet this is that ^Cardinall^^//4r»;/«^ holds a point Noutertio. of fohigh concernment, no man can do it without au- (Sojity obtained from Rome: which yet we neverread .-.Fiorent. to havc been askcd, /. though T/6^^^f?r^ 679 erededfive Wigorf.559. ( confenfa Regis )z.tontt[.\xiQ j and fome other altogether without the Popes hking , asthofein the North, after th* cxpulfion o^Wtlfrid. Confer Beda lib. 4. cap. i 2 ,cum Uhro 5 . cap. 20. But of this before. X. Caufed the Clergy of their Kingdome to meet in councels. Malms. fol. z6. z. i%.2LW4g-. 434. 7. Of the Crowns commanding in thcfe particulars, it is apparent to have been in pofleffion, the Pope feeing and not interrupting any whit, whilft the Saxon and Bane bare here the fway ; when, to fpcak truth, it feems to me notfo much to have been infifted on, by whofe audori- ty the thing commanded was done, as a care taken of all fides nothing fliould be required but juft, and pious ; which Chap. V of the Church ^England. 99 which made each precept, without difpiitc, from \\hat author foever it proceeded, be readily yielded unto : and fo the TlormAns found it, under whom the firft conten- tions ( concerning jurifdiction ) with the Sec o{Rome be- gan. For before ?^////^w the tirft pofleil himlelfof this Crown, itis certain, thcf;;^////? Biihopshad noordma- ry Courts diftinguifli'd from the Lay, but both fccular and ecclefiaftick Magiftrate fate and judged together , what pertained ^^ objirvantiam rcl.-giorjts locis fuis^c!^ h ^ fuA diceccjcos fJKodiS'^ as was likewiie the cuftome * in j,«ij*;v. csf, France. Ub.c.ca^. 8. This were enough manifeft, in that wc find the ^"^^ Lay not only prefent, but fubfcribers to many of our an- cient g councelsj didnotthelawsof ^ £//7^/)?4;^, » Ed- gi^^oncil. gar, ^ Canuttis farther afllire us. It is probable, inferiour l^\i^^_^' judicatures did refer matters of doubt to the greater hd/)«^ior- Courts orlCyjiegClllOC,to be held twice a year, as the 56. former edicts and ^ Ibme Councels did eftablifh : which ifrt;- y p<54. produced that care in the Councel of*" Celichyth 816. %jl^i^^laf. the B:fhop(houldtranfcribc judgements given in quali- 10. cunoj^ue fy?iodo of what pertained to his diocefe, andhe ^ 7orvIl*^'*'^' to keep one copy,and the party whom it concerned an- r^p sS.pu^. other of fuch determination ('which I take to be thofe 9^4 laws mentioned by " Eadmerus, vjhich as they were re- cJUhapud pofedinfomepartsof the Church, fowere thepleas(^as Spcin-an.c./p. it(eems) ufually ^ there held J But the Conqueror, fin- ^/''•^'/^^^'i, ding thefe proceedings tobew^;^ benCineque fecundum man. ^p«^Gcr- P publifhedby many,and was certainly by the Conque- vafcT-Mn^. rour directed to every Diocefe through the Kingdome; Turoot.^? • for ihavefccnin an hand ofq Ed^^ard the firftone for Duytitnufi Or ecc'rfulib ?. ^ c.ip. 10 col. 35. 6. p See it,:n Sr. 'Ld. Cook Jnp, ^,cai>. $}. p. 219. q incintiquo AUr.hfcr^ I OO An Hijloricall Fiiidication Chap, V, London^ tt^i^yin^ii was then found iii the Epifcopallrc- gifter there. 9. When this paft the King, whether at the Popes Lcgats being here for depolMig Stygand i070.(about which time Hiftorians remember he madefome begin- ning for fettling the f;^^/;/?? laws, and is therefore likely to have then paft this ) or when they were here for fet- tling the difputc between York and Canterbury, or at what other time, is uncertain. Yet I cannot deny, ic feemeth to me to have given th' occafion of thole ex- i^puJ Baron, preflions in ' K^lexander the 2. his letter to him , that WOT. 2. ^nn. Y - in ■ i iQ7i.». 9. t"C \JOX.\(XyinmMigno ^ojitHS ^pus jolito pravts incumbAt JludiiS'y tarnen inter mundiprincipes & reciorcs egregiam 'vejir^religtomsf^mum intelligimuu & cjuantum honoris fin^A Eceleji£ turn Simoniac^ vires opprimendo , (which is apparently fpoken of i'/;'g4«^/) turn catholicdhbertatis ufus & officia\hy which queftionleffe he points at this charter ) confirmando ^vejira, virtus impendat^ non duhin relatione cognofctmus , &c. Now certainly , if he did grant it during the life of the Pope, it muft not have been after 1 07 3 . in which year he died. I confeffe, I have not met with any clear example of the practice of it during the reigns of that King, or either of his children.* For though o^^y^/^^ about 1106. writes to //^wr^ the firft, f who had puniflit certain Clerks not obfervingthede- #i:adm«r»/>. crecs of aCouncellheld zxWeJlminfter 1 102 ) ^ quodha- ^' ^^ Benus tnauditum & inufitatum in ecclefia Dei de ullo Rege O* de aliquoprinctpe\ non enim pertinet fecundum legem 'Deihujufmodi culpam vindtcare, niji adfingulos epifcopos perfuasparochtas: yet I conceive this is to be interpre- ted of the King doing it alone without the Bifliop , not \fhen they both joyned together afterthe mannerthen urf/>MaEad- in ufe, which himfelf clfewhere " advifes Rufu^ unto 5 aacr.p^. z4j Concmur unayturegiapotcftate & ego Ponttficali author i- tatCyquatenus tale quidindeftatuatur, quod cumpertotum fueritregnum divulgatumyfolo cttamaudnu, quicunqueiU Chap- V^ of the Church ^/England. loi lius fr.itor eft px^jcM & defrimxtHr. I can take this for no other, biittlucin the lavvior"^ Ethcljla?)^ Dcbe?it epifco- x^pudiot- Jfi cum fccuU)udicihtis i?iterelfe judicns^ ne fer mutant^ (i vJii^'nrcm,ro/. pofsi/it^ut altqtiAprxvif atum germing puUuLtverint. And ^^' ^^' thclawsofy // 1 o. Buti^ood laws are notalwaiesfiiddcnly put in ex- ^'Z^^'"fti(tt* ecutionj and this ot the Conqueror wc may take to promuigxntttr, have flept, till towards the beginning of King Stephen's h^'*'*^^^ cum time it had got fomc ftrcngth, for then we meet with r7«wtTproW plain precedents of rhcEcclcfiaftickCourts being fever'd m.Dif}. 4. from the Lay. T'>^^^^7/^ofC^;-^/^r^«rymole{lingthemo- ^'^^* 5- naftery of St. K^uguftmes concerning certain Priviledg- es granted from the Papacy, th' Abbot obtained a bull from Innoccntitis 2 . of the 20 November i 1 3 9 . in his hou- {^^ favour, in w hich the Pope expoftulates with th' Arch- bifliop.z quod occafione privtlegii noftriy idem ^onaJlcrl-'^^^^^^^^^^L um vehementer infeJlaSy & eccle/ias eidem coenobio perti- dido Ms. re- nentes eundemabbjitcm ordlnxre non fines , quinpotiusvio- P^P^o in auU , I ■ I r r V r ■ r StJ^.Tr'iniuiPS knt^ domin.itione ecclejias eorum prmatas aueris tnjre^ij' canubr. ante fey d^ presbyteros ttiosy invito K^hbxte.C^ cjufdem loci fra- 200. anms ex- trtbii^, contra Romanx eccleJiiC privtlegjit, qmbus ^^^^ ZIoMs opt'^- ccenob^um eH mHnittirn., in els ponere pr^jhmpjijfe : nee his mje mtx .mte contentus, abb.ttemipfi4m.6^ homines ejus , ad placitan- l^*^rtngentos' dum (nper hocm curiam tuam, proui ajjerunt, pr^efum- m sachario,- ptuofe traxiflij eifqueob earn rem po^ nam moliens /^>/7/^^- M 49. b. 1 1 . William ihorney who ^ mentions this 1 1 3 9 • 4- ^^^ O 3 Steph. 102 JnHijtorkaU VinaiCAtion Chap.V, *r/^/>/7.obfcrvcsf which is warranted by thebull it felf) quodiJlelhcohzXdusprimo K^bbatem & coiiventum ad caufoi trahere conatus ejl y2in(i'\s\ht firft I have noted in which th' Ecclefiafticks alone did force men to plead in their Courts; which, as it doth prove they then had them, fo we may conclude them not long to have been polTeft of that power: for it is altogether improbable, if that aft ofKingrr////rfw had been in his and his fonns time generally praftic't, but fome Archbifliop > in above fifty years, might have attempted as much, ifnottothe Abbot, at lead to fome other, as after this the examples are frequent, of which one in the 122 epiftle oilohamies Sartsburienfis is not unworthy the rcmembring. Sym- phorian a Clergy-man ofTork, accufed one Oj/'c^r/, Arch- deacon of the fame Church, before king Stephen ^ the Bifliops and Lords, 1 1 5 4. for making away VVdlUm the late Archbifliop of that See by poyfon. A qucftion grew, to whether Court this caufe belonged. The King affir- med it to belong to the temporall , for the hcynoufnefs of the faft, and becaufe it was firft entred upon in his prefcnce. But before the decifion Stephen dyed, and Henry the 2* fucceeded ; de cujus mAntbus ( faith my Au- thor^ v'tx cum fummndijfi cult ate , in manu ualida , cum indignatione Regis & omnium procerum^ jam Ai^am cau- Jam ad ex amen ecclefiajiicum revocavimus 5 from whence it was by t..^^f4/carryed to Rome. 12. But what this «^^;^fvjx^^//W4fliould be, that took the cafe from the King, I cannot imagine: for it is un- doubted, in all difputes of this nature, the Kings Courts have been ever Judges to what Court the caufe did bc- buh.yde long. BraBon fpeaksvcry clearly; ^ Judex ecclejiajlicus ^Ap i^\ r. ^um prohibitionem k Rcgc fuf.eper it, Juperfcdere debet tn fol. 412. a. omni cafu^ fait em donee conjlttertt in curia Regis ad que??j' pertineat jurifdiclto: quia Jl ludex Ecclefiajiuus ^Jiimare pofit anfua cffetjurifdi^io , in omni cafu tndi^cr enter pro- icdcret 7ion ohjlante regiaprohibittonCj&iQ, and 1 080 FFtl- Itam Chap. V. of the Church (^/England. 1 03 //4Wthefirll:, ina ^ CounccUat/Z/^^d?;^ in 2^y?nanciy , by cConcii.iik' th'advifcofboth cftatcSjEcclcfiaftick and Secular, did ^'^"•'"''p- +7. fettle many particulars to belong to the cognizance of cu"nviu"ra thefpirituall ludge; and concludes, that if any thing p-55i>554. were further claimed by them, they fliould not enter w^onxi ydoncc in cun.t Regis monflrent quod habere dcbe- ant. Neither were the Lay to molefl: them ni the exer- cife of ought there mentioned, i):?;^^^ in curiaRegis mon- a^cnt quod Epifcopi hide habere non dcbcant. So in both referving the dccifion to his own Courts , of what per- tained to each : info much as, what that rtrong hand fhould be, did thus take this from the King, I muft pro- fefTenocto underftand. And that our Kings had ever an infpedion over thofe Courts, is not to be doubted, by the Charge againft^rr/t^r, in which Henry thez.ur- geth, ^ quod cuidtm lohanni coram ipjo litiganti plenam a ^^ui Gcr, juHitiam non txhibmt , d^fuper hoc ad Regis prafentiam Dorobcm. 'vocatHS , venire conttntpfit. To which th' Archbifliop ^^.V^^J^' ''* anfwered, prjefato lohanni londtgnam no?i defui(fe jujliti- feeK0t.Parl.a4 am ^ d* \o\\2i^v\Q.\\\ non lezaiiter curiam fuam tnfamalJe ^ ^^'^f/?^'"' -• (_> -J J jj ' Hen <• pei qui non fuper evangelium.ut m oris ejl y fedfuper veterem descoe's.y', cantuum codicillurn , quern fecum tuleratt voluerit pejera- rcy &c. and for his not attending the King, to give him fa- tisfadtion in the point, pleaded th' excufc ofrickne(re5 yet for that contempt was adjudged to loofe his move- ables. By which it is evident, th' Archbifliop did then 'ex- f Gcrvas. De- ad oaths of fuch as were called into his Court, that he 'obcm.co/. was to give an account to the i^ing or his carriage in Hovcdcn, it, who by hisconftiturions hath ever directed the man- ^'» '165./)/. ner of proceedings in It. See o^/.f/. P4r/>yi««i? i247./>.t^. - ' • • 7^7^ 2<), i^nno 124.6. pag. J 16, 1. But of this /more f«i7.§.xvu. hereafter. 13. The Conqueror, though he did fliew Co much complyance with the Romani/l , as not to deny any thing formerKingshad acknowledged to thePapacy as due,yet farther 104 ^^^ Hijloricall Ftndication Chap. V. g^«'^-C)'> fattherthen g they had gone would in nothing fubmit gor. 7 Writer ^J^^.Q [t; and as thcy had by their edids guided the ecclcfi- 7.7 "4^^ allick affaires of this kingdomc .[fo he proceeded in his rtp«j Baron. I jwes , ^ h l^thiu fan^di matris E cclefufumcns exordium , To" 9 « '45! ^^ ^^^ ^"^^^ [0'c\\'\z^ Henry the i .How tar they did conceive ;, Hovcrdcn, this thcir power to extend in thofc matters , nothing can /o/. ;4?a.i9. better teach us then the lawes they and fuch as came a f- cap^^y 7. ^ ter them ( princes againtt whom no exceptions can lye ) ^ fum ibidem, ellabliflit, and ufages they maintained as the rights of the Kingdome, in oppofition of all encroachments whatfoever. 144 To enumerate all thefePriviledges ( I conceive them with our aunceftors better called Rights) I hold impoffible, the foundation or ground upon which they are built being that power the divine wifdome hath in- vefted the fecular Magiftrate with, for prefcrvation of his Church and people in peace, againft all emergencies from whomfoever proceeding-, as the Bifliops of the Province of Canterbury writ to Thomas Bccket 1 167. \^^/f ^°" ^ Rex h Domino conjiitutus pact providet fubje5forum fer b. 5. * * omnia '^ uthancconfirvet Ecclefiisy & commijsis Jibi popu- liSy dig?mates Regibus antefedebttas & exh'tbita4 fibi vult exhibcri. And this ifluing from fo great auftority, as in effedthe body of all the Clergy of the realm , cannot be imagined to be other then the conftant opinion of th'£;ig///fc Church. In what thefe Rights have been put in pradifeinoppoGtiontoi^^?-^^ (of which I now treat) may infomefort be told : but to fay thefe they are , and noother, is thati mean cannot be. Sothat we mayfay the affirmative, thefe they are, but not the nega- tive , others they are 7tot. Therefore Eadmerus will ?Eadaier.p.6. j^^^^ j^ ^f ^^ Couqucrour, that ^ Cuncia divinafi- mul & humana ejus nutum expeBabant ^ that is tTi foro exteriori'^ infomuch as , when the Clergy 1530. gave the King the title oi Head of the Church, they intended no othei'thcn their fore-fathers, when they called I '9. p Charles Ic Fayc (bid. pty, 27. in edit. Chap. V. oft/jc Qhurch c/ England. 105 called him the ^ Defender , Patron, governor , " T'Mor ofir. ^ ^^-^^ ^•"•'''^ 15. Which the French do attribute to thciu KinG;s ,y/~X^^^' with more hard expucnions \ ^ Ce que rno>iJlre[\^')s one) n £/»;/?. Vm- quc Ics evefqiiCs de ce tcr/ips la, eslimercnt Ic Roy.nfiijFe de •7//^„'^,?'j'.'' JonconfcUd\'j}AtyeJire apres Dieu Chef tcirien dei^^fglife pig.((^'j.-^%. de Ton Roy.iume,& non pus le P ape aw the nesjative: Which t^''^^'"- another P explains thus , Ce n ejt point pour ecu que je chctenie^u- 'vtieiUe dire, ce que aucuns ount trop tndijlincfement profe- benes de /' £/- re. aue Ics dits Roys & Princes Souverai^nes foie?it en Uurs ^r'^' ^^^f^^"^ ejiats priVAtivement a> tons autrcsy Chefs uniques O' ah- i6i:.dVfc joins de I'EJglifc, & dc toit^s U s mnnUres d' ice lie ; car pour ^>-'v/7f * canons ; Ufquels au cas qW tlsferroicnt neglige^.&cff, I a rnxiice di lis font tenu ufer d: leur puijfance , pour y apporter des re- tnedes , [ott par leur Ordonances & pragma! iques , foit par leHrsjugements,arreils,& e%PXUtions dicei^x.Ceflce qu ea France nos predeceffeurs Qrit tons jours appellclt police cx- terieurefir /' Efglife , de la quelle Ics Eynpereurs , Roys & P Prunes .■^,.^^^,&effaoc7par Lirouiikde I antiquite , ou que par 'cs homnles ilfujl befoign d' enfairc des noveaux , 106 AnHiJloricall Vindication Chap.V. Princes ont sife & jouyfans contredtt, tunt que I efglifcf' cfi conjiYVce cajapurete, C qti' aucwns a ice lie ne fe join I'a- fTcrcz,^ fort.xnt s de leurs homes 6" Lmitcs d' ufurfcr les functions Royales .\n[o\w\XQ\\ ^'bBenigne^JMiletot doth not qf/?< fff/fTi oncly affirm their Kings to hz^Chcfs.ProtecIeurs^&Con- ^'"%]'cdrmii f^^'^^''^^^^^^^, dekuY ejglife Ga.llica7ic\ but/?^^^. 6 5 7. recites a x6,9. fpeech of th' Archbifliop o{ Vienna made to Henry i\\^ • 4. 1 60 5 .ill which he did affirm, ^-^c le Roy cjlcit le Coeur & la Tcjie de I ur corps. 16. And other Headfhip then this I do not know to havebcen ever attributed to any of our Princes; Cer- tainly they didncver take on tlicm the cxercifc of any Tz6.Hfn.s. thing puielyfacredjbut as fupream ^ Head, Rulers o\: Go- ^'^''p'lr.o T 'z^^^'^^^^^J. under God, by their Commiffioners^'of which fuch as bare mod fway were ever the Spirituality) lo vijit, reform, redrcjfe &e. all errours ^ Hcrcjics, fchifm^, ahufes^ &c. And for that the ruft of antiquity (as that authour ftylcs it / had much over-fpread the Canons of the t5/4f.3.c^4. Church, ^ to affigne fixtecn of the Clergy, whereof ni6.cap.n. fQ.ji-tobcBifliops.andasmanvof the Lav, of which four Jee bejore. r ' ^ -' ; ' 25. Hen. t. to be learned in the Common laws of this realme, roper- *'^'P ' 9- ^y^ a^^ examine th' ecclefiajiicalllalvs of long time here u- ta'). I ^/ fi^y andto gather , order and compile fuch Izlvs ecclcfiaJUcall, 55.f/^«. S. 04 jhallhe thought to his Ma'jcjly, his faid ^ Conn fell, and '■t^cLncdl. them or the more part of them, to be pr^clifedandfet forth iPithmthis realme. In purfuance of which, the w.No- njember 5^0 of Edli^ard the 6. he nominated twoBifliops, two Divines, twoDodours of the Law, two Efquires, to fupcrvifc the ecclefiaftick laws of this Kingdome, and to compile fuch a body as were fit to be put in pra- dife within his Dominions 5 whole intendments (for it paft no further) were after printed by lohn Day 1 5 7 1 .and are no other then what the French (for the manner of doing) maintain their King might do: neither dothtlV Inquifition of Spain publifli any thing of that nature, ucsp 7.W.1 2. without tlVallowance of their King,as I Paall flicw u here- after. 17. So Chap. V. of the O^t^rcb (^yEngland. 107 1 7. So that, in my opinion, the qncllion cannot be, whcthcu Princes aic not capable of Inch a Rii^htj but whether it were inverted in the Crown formerly, and made good by fuch a continued praclife, as might au- thoriie ours to take that title ( when otVered bv the Cler- gy 1 530J aswellasthe/'rd'wt/-; Kings have, without in- croaching on that power th' ccclcliaftieks h.\d ^ and by our laws ought to exercircin£;;^Af/^^. Now, certain, our Kings did in many things go along with the French in caules cccleliallicall : x^^^^'-^'' ^^^nglorunh excniflum acci- x N!ar. Paris ■piens ah illis B.tro-aihu^s quifua/httitafknxerunt i/zFranci.t, *^""*' ' -"^J' qtiib:{5 dr Domiiiits Fiwncorum favoremjam pr^bmty&Ji- gilltim ^ppofititj See. CUmcnt the 7. being held prifoner 1 5 27.by th'Emperour, the iS^'^- of "^ag'^Ji Cardinnll Woolfy made an agreement with \\\cFrenchy((ji fetling h* ccclcfiaftick government of each Kingdomc during the Popes captivity. Forthc Fz-^/^r^, I fliall remit the reader to they Deed which is printed; but th' £«^///'/j weretobc yVreu-^fSiki fuch as fliouldbe a2;reed x.o,prxUus accitis de m.Didato & ld'eriesdci\j- nucforttatepr^dicfi mvicfiJsimiAnglnt Rcgts, "^'hoic deter- fjp.20 ^.^j, minations were to hz confenfn ejufde invi^ifiimi Arigltcz p-^^y. ii!^^/^.But where z my \^o\.<\ Herbert conceivsthisto have 2H/7?./'e».8- b-cen the liril: tatle onrKing took in governing thcClcrgy, p. ^ 19. I can noway be of his o pinion; for, without perad venture, the Cardinall neither did nor durft have moved one ftep in makuig the Ecclefiallicks Icfle depend on the Papacy, then theCommonlaw or cuftomc of the realm war- ranted, knowing he muft without that back have lod notonely Clement the 7. but all Popes and the Come of Rome, whichmuftandhad been his fupport, on the de- clining favour of fo heady and dangerous a Prince as Henry i\\c Sf'i> had he not cad offboththe Cardinal! and . his obedience to that Sec almoft together* But how much he had the Clcrn-v before this under his 2;ovcrn- menr, the Hitlory of ^ Richard Hunne is witneiVe fuiVI- aj-iv Hall cicnt; and the rights the Conquctour and his fucccflours ^' "^'^' ^' r z were 108 b Eadmcr ^. (•, zO.ride e- pijl. hen. C»sc''ley iH yita ejaSfCdit^ 1617.2.77, c EaJiiej. ibid. O" ^ag. 1 1;, I. Thorn, col. 3 1 5 2 , 1 . cr 2 1 94,1 8. G- alihi. Cook in?.;. p. I 2.7. d Eadmcr. p. 24.S-II* e Stit z^. lien. 8.cd/) 19. f Mar. Paris ^nno 1257. p. 447) 5 I- «T nWe Seld. a deSjnedriis lart. I p. 37 V h Lyndivood 31. n M. Paris ^ddi.atrtcnt. p. 200 num.7. See ^rtickli clerio.Ed.z. An Hijloricall Findicdtion Chap. V. were ever in conteft with the Papacy about, and main- tained as the laws &: cuftoms of the Rcahn, enough fhew thev did not command th'Ecclefufticks here accordins; to the will of any forraign potentate, nor were mccr lookers on, whilll another govern'd the £;/^ ///'/? Church: ibmc of which 1 fliall therefore here fet down. I. They ^ admitted none to be taken for Pope but by the Kings appointment. II. ^ None to receive letters from him without fliew- ing them to the King, who caufed all words prejudicial! to him or his crown to be renounced by the bringers, or receivers of them. III. ^Permitted no councels, but by their liking, to affcmble; which gained the name of convocations; as that ^ allvnjes hath been and ought to he ajjemhlcd hj the Kings l»rit. IV. ^Caufed fome to fit in them might fupervifc the a£lions, and/^,t/(? ex parte Regis & rcgni tnhiberent., ne tht contra Regnm coronam & dignitatem alic^uid Jiatucre attentaret :^nd\\htn any did otherwife, he was forced toretradthathehad done,nsSdid Peckham-^ or were ^tn ■paucis fervatjL., as thofe of Boniface . V. i Suffered no Synodicall deree to be of force , but by their allowance and confirmation- ^Rexauditis con* ciiitgesfts, confenJumprtehuityiuSoritate regia & potejlate concej^it & confirmavitjlatuta concilii a Gulietmo, Cantu- arienfi i^rchiepifeopo., ^ fm^fx Ronianit ecclefi.t legatOy apud Weftmonafterium cekhyati. ^ ^n hoc concilio, ade- mendationem f^Jr/?^ Anglican jc, affenfu Domini Regis d^ primorum omnium regni^ h^c Juhfripta promulgata funt capttula, 6c c. VI. Permitted no Biiliop to "^ excommunicate, or infliclany ccclefiaftick cenfureon any Baron orOfficer, nifi ejus pr^cepto. VII. "Caufed the Ridiops appear in their Courts, to give account why they excommunicated the fubjed. VIII. ^Caufed. Chip.V. of the Church of Y.n^:{\\d. 109 Vm. ° Caufcd fuch as wcrcimprifoncd, afccr fourty o'^"i.«.io. daycs {landing excommunicate, to be freed by writ, without til' adcnt of the Prelat, or fatisfaclion giving j p the King and his ludgcs communicating with them tarn p ihid. «. 1 1. /;; clivmis quam frof.ints , q and commanding none to qiw.«. ij, fliun them, though by the Ordinary denounced excom- municate. IX. ^Suflcrcd no Legat enter E;;^/^;'^^ but with their f E^^Jmcr. leave ; of which before. mV/iT^'i s. X. ^Determined matters of Epifcopacy, i7Konfulto ^s. Roma7io Por:tifice, J uS^'^r. Xl.Perjiiitted no Appeal to i^ow^j of which before. XU. ^ Bellowed Bilhopricks on fuch as they Uked, tFior.wi- and " tranllated Bifliops fiom one See to another. so*^"- ^-'^^^ XIII. Erected new Biiliopricks: fo did Hen. the i. nlm^fli 1 109. £//, taking it out of Ltncolne, ^ Cdrliflcwn, out :^i9a.i. of Tbr/' or rather D/^r^-?;?^: but of this betorc. " ^. Pl"* XIV. y Commanded by writ their Bifliops to refi- Wigom. ^«- dcncy. riohnnnes XV. ^Commanded their Bifliops, by reafon ofH^^agumad! Schifm, vacancie of the Popedoiiie, &c. not to fcek fo';^257,4.s. confirmation from Rome , but the Metropolitan to be JfJ,f\.T charged bytheKingswrittobeftowit on the elected. 62^. XVI. ^ Placed by a lay hand Clerks in Prebendary ^^'J:/''*/- or Parocniall Churches, Ord:7i.inis fenitus trrcquijins. ^^Hett.^.M.iu And it is not here unworthy the remembring, that FP'^ Jr.no u^u. Ly/td^iwod, :iyc:y learned Ganonift, who writ about an ^ ^11. v^tis 100. yeares before Henry the S^'^^ difference with etc- ^Uiumcn'.. w^;^/ they, finding the Cro\\n in pollcfllon of thi>par- P--^^-«-^'- ticular not agreeing with the rules of the Canon law, is foperplext, as in the end he finds no way to make the a£l valid, ^ but that he doth it by Papall priviledgc: For if b Df c^Uhita- by p]:z[cnpnon, Ep/fcopo f.ie/^le dr toUrnnte, it could not '"^"^5'^'^";. be good J for though the King might confer the tcm er.tm.cipj. poralls of the Church, ;y,?;? tamcnpotejl A.ire ju.re fuo^ote- ^^^l^^ . H^Mcm circafpiritHaH.tj t/;z,. urc/i ea qu^epertu/efit ad reg - yo/.6+.b.' P 3 ff^^'i 110 JnHiJloricdll Vindtcmon Chap. V. me?!' ecclcjiafiicum, dr miniJlrAUonem facramejjtorum cr ficrnmeritAiunh nee ?ion circa ecclefiaJlic<&JHriJdicttGni5 ex- erc'ttium , O" hujufmodtj qu.tjurc fpirituah.tjunt 5 riec in hoc CAfujjotcjl flbiprodeffc pr^ifcriptio etiam lQ??gifimi tc?nporis^ quia, taiiafpiritudu nonpo(]imt per rcgempoj^idcri^ & ,pcr confqae'aSy nee ut tr anjeant fuh fua potcjiate pofjlcnt pra^ fcribtt nee confiictiidme introduct, 6cc. In which he will have an hard contcft with divers French and Italians ^ c coiffider.tiio- who maintain, c che tutte le ragi'toyii che Jj pojfono ac- iiidit^dreva- qui/lare per difperifo, del Papa, Jipo(fono acquiHar anco per 1606. fo'l 51. co?zfUttudlne^ la quale Jupravenga c ontr ana alia legge: i\\2it a. v/fffFui- aprinccmaypreicnbeforfuchadlsas he can acquire bv l\^i\fuii. the Popes dilpenfation. 3i2.e-/>- XVlI. ^ Prohibited the Lay yielding obedience, or ^"^"^- , . anrwerino; by Oath to their Ecclefiaftick fuperiourinqui- ^iddiuwjcnt. nv\^depeccatisfuhdiiQrum\ which I take to have been p. 2oo,M9. in cafes not properly of their cognizance, not of wit- ^^•*^rt 716, neffes either in caufesMatrimoniall or Teftamentary. T^yidc'sd- XVIII. I fliall conclude thefe particulars with one ob- dcn. desjne- fcrvation inyl/.f/.P^nVjWhcre theEcclefiafticks , having ^TJ'^^l^^'^* enumerated fevcrall cafes in which they held them- 10. f. 5 «5 ^- J c Mat. raris felvcs hardly dealt with ,adde, *^ That in all of them, if the Mdiument. fp^-jj-^^n ludgc proceeded contrary to the Kings prohi- ^"*" " bition , he w^asattached,&, appearing before the Indices, conftrained to produce his proceedings,thatthey might determine to which court the caufe belonged : and if found to pertain to the fecular, thefpirituall Judges were blamed, and, on confeilion they had proceeded after the prohibition, were amerced J but denying it, were com. ' Viltpimi ri' pcU'd to make it good by the teftimony of two 'vile Var- haldi, lets, but refufing fuch purgation , were imprifoned, till by oath they freed themfclves to the luftice'^; that being cleared even by the Lay, they had no fatisfadion for their cxpcnce and trouble. By which, by the way, it is mani- fefl how much the Kings Courts had the fupcrintcnden- cy over the Eetlcfiadick. 18. ThefC; Chap. V. of the OoHYch (^/England, i ri 18. Til cfc, and many other particulais of the like na- ture, daily exercifed, notwithllanding the clamour of lomeEceleliadicks, more alVeding their own party then the rights of the Crown, make there can be no fcriiple, but the Englifli did ever underftand the outward policy of this Church, or government of ntr^foro cxtcrtori^ to have much depended on the King; and therefore the writs for fummoning Parliaments, cxprclTe the caufe of his calling them to be, pro qtnLuJd.zm arduis, urgcntihus nefTotiis ^7ios ,Jl.itum y & d' fenfionem rcgnt ?:o/lri K^nglix & eQdtji.t ^^.iglicaiL^ concerncntibus ^ :. or, as our Bi- .-. Ev^/i/^f fliops havcfomctimcs cxpreft it in the Rolls of Parlia- a Excejhc mcnt,A l'o?iour & reverence de Dieu & defelnte efglife, & ^j/l"%Ji' al falvjttiojt CT amendeme-at de fori roLxlme, &c. Likcwifc ;o.?v»f.i.».J. the Commons, that their gift of the 9^1^ flieaf, ccc. to Edi\>.i\\d^cuhe. Itis true, Kings would re- fer matters of that nature to their Bifhops, unto whofe care under them itdidefpccialLy belong : fo Richardxho, J ^ot.Parl. 2. being ^ petitioned in point of Rcfidency,anfwered, «. +^ * ll appartient aux offices des Evcfques ^& le Roy voet qu lis m Ko/. VayI. facentlour office & devoirs &c. "^Hisiuccenfor being a- 7, H.4.W.U4. gj;i-jp,.t.f|; in the fame kind, give- his command thus. Fa- cent Ics Ordinaircs lour office O" devours : & per caufe qe les plur allies cfontejte grantees deuant ces he^tresfont (^ ount ejle la greindre caufe de /' abfe ncc des tie Is curats^y pUfl AU Roy nojlrc Sciqf, del'advis & ajfent de<: SciqfKen Par- lement^efcrtre par fc5 honour able s lettres a nojlre fetnt pier le Pape^ de revoker & repellcrtotitcs les plur allies g$-. n€ralement^& qe d' es ore en av ant null e pluralitefoit grauTite a afcuny en temps a njcnir^wx. the Pope, it feems> \\ Kot. Pari giving no fatisfadlion in the particular, the "11. Hen. 4.^ ii/^f». 4. the Commons attain petition , That the riches of the kingdome being in the hands of Church -men , thole li- vings upon which the incumbent of common right ought to refide, half of the true value fliould remain to himfelf, but the other to the King. To which the an- fvveris, Cefle matiereappertieht afcinte Efglifd & quant a la refidence, remcde ent fuft pur^veu:^ eyt la darrain Con- vocation, Yet this matter of ivon rcfidcnce ftill molefl- ingthe Commonwealth, 3 .Hen. 6. the King tcllsthcm, oKot Pjri.. by th'advife of the Lords of Parliament, ^He had deli- J. Hfw 6. vered their bill ie my Lord cfCMM^xbrnw .charrrinz him to ♦.(/<•«. «5,j;. 31. p^ti^rvey of remedy j'jr his Province^ and fcmbUbty jhm Ivritc Chap. V. of the Uurch o/England, 1 1 5 Ivriteto the Cht4rch ofTork for that Province. By w iiiLh wc may fee the Kint;, Aichbifliop, and Convocauou did conceive thcmfclvcs to have a power ofrcdrelllng things in tl'iisChurchjWhich yet incivility they thought fit Ptirftto acquaint the Pope with , as a (piritLiallDoclor P^'''f'^ J- or Patriarch, how everof great cftcem, yet not endued ^'^^ withapowcr ofcommanduigm this Church othcrwife then the lawcs of the Kingdomc, the contra(Ll:> wuh the Papacy did bear. 21. Now it cannot be doubted that all thcfe peti- tions of the Commons, and fundry more which may be produced, had been by them vainly prefer'd, had they not taken the King to have been veiled with a power of rcdrcfling things blameable in the government of the Church. But when wc fay the Prince , as the principall , without wliom nothing is done, may be rightly termed //(^^^ in the acl of reformation, our meaning is not, that he will deal in points ofEccIefiaftick cognizance without the advife of his Bifliops, and other learned of the Clergy: we know, m things proper ^ lofuah is to take counfell q Mrell the mofl godly trav ell of the Kings highnejfe^ > ingathering and colle^ttngthefatd K^rchbtjhops^ Btfhops and learnedmen together, as 5cc. do give to his Highmffe mofl hearty and lolvly thanks 6cc. So that it is apparent, the King , in compofing this book, did not affnmetohimfelfjOr the Parliament attribute un- to him any other then affembling of the Bifliops and o- ther learned men together, to take their confultations. y-Vre^cno 23. And they obferving the great * diverfity in iwT/^^'^ faying and Tinging in feverall Churches, the difficulty of finding what was proper for each day,f'apt to breed con- fufion^ reduced the publick fervice of the Church to one form more facile and of better edification , folio w- ing therein the examples of divers holy Bifliops and o- ^ Mar Paris ^j^^^.^ , ^^^ j^^ Guarinus Abbot of S' K^lbans,\w the Of- s ^ibani.p. fice ufcd in his Church about 1 1 90, m\^j)cit fuperflua re- loi) i7)ii?» y^^^r^, to reduce the prayers there to one form , if?t^^^ ^ /oobardi gobardm in France might amput.tr e [up er flu a vellevia &c. operayVariiy \f made it an article of Faith : barr'd the L-ay of the Cup ^ Pricfts of mar. Q_3 iiage> N 118 AnHiJloricall Frndtcation Chap. Vi. riage ^ who reftoced the Mafs hi Queen Maries daycs be- fore any reconcihation made with Rome} but the Ec- clefiafticksof this Kingdome under the Prince for the timcbeing, who commanded or connived at it. Chap. VI. Hoiip the Kings (?/^England proceeded in thetr feparationfrom Rome. T being by what isak'eady faid undoubt- ed, the Clergy called together by the Prince, or meeting by his allowance, have e- ver had a power of reforming this Church, commandingthings^mjr;?^/ix/nn it, and hkewifedif- penQng with them, and thatthe ftatute 24.//^;;. %.cap, 1 2. that faith in effedas much, is no other then a declara- tion of the Common law , that is the.cuftome of the realm; the next enquiry will be , for acquitting the Church of£;^^/4«^in point of fchifm , how this fepara- tion from Rome was made. 2. //^;^r^ the S^J^ having long purfued a caufe Matri- moniall with Clement the 7. who (hewed fo much complyance to determine it in his favour, as he fent Cardinall Campeius hither to joyn with Wolfey the Kings creature in the bufineflc, and upon the Emperours fuc- cefle in Italy ^ the caufe, after many delayes, being revo- ked to Rome J the King, upon the opinions of many for- rcign Divines of the invalidity of his marriage with Queen AT^/^^r/w^jCaufed the cafe to be determined by the Eng/f/h Church: which judgement yet he would haveinfomemeafurefubmitted to the Court oi Rome, fo as he might have given the perfons to whom it was delegated by the Pope full information, and the Cardinalls Chap. VL of the Oourch ^/England 1 19 Cardinallsofthclmpcrialltadlion excluded having any part in the decilion. But C/^wr;?/ hearing what had pall mEngUnd, with more then ordinary haft dctcrmins the caufe againft him : which how much it would irri- tatcany Prince of Ibgrcatpowcr, and fo high a (pirit as oxxiHcnry, HhalL leave others to judge. And here I might alledgc many forreign examples, of thofe who upon Icflc indignities have ftopt all entercourf'e with Rome J as "^ LcHns the i 2. and Henry the 2. o{ France y if I * ^f^ofecoin ^t had undertook to write an apology for him. ^^L'^Zne^fdr 3. The King, upon the advcrtifemcnt of thcfe pro hisptawe,and cccdingsby thcPope,which was at the beginning of the ^f* '"firtption year 1 5 34, falls firft to thcfe courfes his aunceftors had /,? k;"4'o/'* formerly done, when they had occafion to know how ^''^^^^ ^^^^ they ought to comport themlelves in any thing towards oshntle7rmfi j^(?w^, which was to have the advifc of the Engl/Jh of franco, and Church; and thereupon wrote to the Univcrfitics, great t^^^^'^^'^L* Monafterics and Churches ofthe Kingdome, & the 1 8 . byloms no- OMay I 5 3 4.toihcUnivcrrityof 0.x/c'r^,tr^^///r/^/^//;rw, men.TA«a««5 like ?nen of virtue and profoufidliteraltire, to diligently in- linJihilis treaty examine y and difcufj'e a certain qttejlton, t7?. An cxon.adAn- Romanus Epifcopus habeat majorem aliquam jur.fdi- ««^"'^34.p. dllonemfibi collatam in facra Scrip rura in hoc regno Anglix,quam alius quivis externu>> Epifcopus-, and to return their opinion tnlcrttm^ urdcr their comrri07i ft al ^ accordingtothemeer and Jincere truth of the fame , 6cc. To which, after mature deliberation , and examination not onely of the places of holy Scripture, but oft he bcft interpreters, for many daycs , they returned anfwcr the 27,Iune 1 534. ( without all perad venture according to the ancient tenet of the Engl i fro ) Romanum Epifcopum majorem aliquam jurifdiclione?n no?:, habere f hi k Deo coL- latam in facra Scriptura tn hoc regno Anglix, quam alium quemvts externum Epifcopum. Of this anlwer I have thought fit to make particular mention, (though aflcn ted tobyalhhc£A?^//V)^Clcrgy) becaufc OAr/i?r28» I. Hen,6.n. 43. cHcn.Knigh- ron coLzOjif 24.C0/. 2742> 23. dWalfing. Hifl.Anno J40g.p.4i0) r. c Jnftfciculo 7Vl5. inbihli- othecd Archie' ft f CO ft n^rmX' chanty icircjLmite- riam exf«m- tvunicationum re[oluUo,confi- derat. 11. to. 1. <:o/.^49.a.£i. 7'<»nf 1606. ever «* held ^w/^/^ Part/ienftSy 'Ecclefu fundamentum , ^ fountain & Uliere de nojirefoy Chrejtiene , as I former- ly touched : whofe opinion the Engltfh Church hath 'therefore highly efteemed, and fought on all occafions of this nature j of which to give fome examples. 4. Upon the eledion o^ Frhaniho^ 6. France, Scotland, Flanders y and divers other parts adhering to Clements who refided at i^vtg?ion , ' the French King 1395 .cau- fed a meeting of the Clergy of his dominions, to fearch whether had the better right to the Papacy: whofe judg- ment was for clement', which under the feal of the U* niverfity ofP^wwas fenttoi^/^/^^r^the 2. who there- w^onfecit convocat'tonem Oyiomxde jteritioribHS Theolo- gis tarn rcgentihus c^uam non regentihus totius regni , and they on the contrary judged Vrbanto have the better ti- tle; whofe opinion under the feal of the Univerfity of Oxford returned to the King was by him tranfmittcd into France, 1408, ^ in Conctlio Clert celebratol^ondoniist af Jijlentihus do^ortbm Vniverfitatum Cantabrigian & Oxo- nian, /y^^^//^z« efl de cenfu & ohedientiAPap^fuhtrahendis velnonfubtrahendiscdboiitwhich time twelve of the U- niverfity o'lOxfordyOn the Archbifliops defire,in the name of the reft,examined the books & Doctrines oiWickliffey & fent their refolutions to a Synod 2LtLondon in an epitllc yct^ extant. By all which it is manifefl:,how much their opinions were efteemed in this Kingdome. And I hold it undoubted, a Prince following fo great ad vife , chalk- ed out to him by the pradile of his anceftors, couldnot be guilty of fo heinous a crime as fchifm, arifing onely fromdiibbedienceto any fpirituall fuperior whatfoever. ^ C^r/J^^fayes, a private perfon runs into no contempt of the Keyes in divers cafes by him enumerated ; as one , df^m dictt altcjiuisjurijlarum veltheologorumjuxta confci- enttamfuamyCjuod hujufmodi fententia non ftmt timenda. veltcnendiCy O* hoc frdfertimfi obfervetur tnformatio feu cauteU debit a ^ ?iefeo^t4atHrfcand4Hmpt4jillortim, ^m ^fit- mafit Chap.Vl. o/tbeOjuydo/Enghnd. 121 ' fnari^t Pdpam effe unum Beurn : And Nxvat , the greatest Canonill of histime , Z qni unius dccioris cruditione ac ijNavar. ca^\ Animt fietate Celebris auciorit.tte duclus fccertt , aliqutd X*^-^efcufr exctifatur^ etliXmfi forte id non cffet juHum , d" al/f co7itrari- r^m cd. i «. ; o*. urntenerent. And to this piirpofc manv more Dodors '«• ^•''-^'''^^ , ^ ^ ' Colon. ^HH9 may bcallcdgcd. 16.6./.. s 9. 5. This as it was done by him, fohc was led unto it coi.i.^Mout, by the example of his predeccllbi-s, as 1 have partly toiicht before ; and fliall therefore alledge no other, but that in the difputes between Bccket and Henry the 2. the Archbifliop endeavouring to intcrelle {^lex- dnder the 3 . in the difference , that Prince ^ caufed it to /; Hovedf* be written unto him, St tun veflro vcl honor i pr^iudtca,- '^"^'' * ^^^^^ tur in auquoytdje totius Eccleji^ re^ni jt4i conliUo corrc- chirum in pr 0X17)20 folhcctur : and a Uttle after, * Domi- ■^^hui:f(il.i^%^ nu4 Rex plurimum fibi jujltficare videtar ^ curn tn omni- bus qus,dicia.jii?ity Eccleji^ regnt fnt Lonfilio fimul ^ judi- ao fep.iriturHmpoUicetur. And this the often repeating of it, not onely in a particular letter of the Bifhop of London, but of all the Bifliops of the Province of Canter- ^^rj'jboth to the ^ Pope and Becket , enough aflure us k^HJf^o- how undoubted it was in thofc dayes, that our Kings \^^\^^^^l'^''^'" following the advife of the Eng/i/h Church, did proceed 293.3.55. on fafe grounds for their juftification in fuch quarrells. 6 .Neither waij the opinion returned by thcfe Divines fo differing from the writings of other learned men, as might make them any way guilty of fchifm. ^ Cerfon i^'^^^onde fpeakingofthefeverall degrees of Divine truths, places ZTJlZd%. for the (irft fuch as are cxpreffe in Scripture, fecondly te.i.col.is^, thofe that are by evident confequencc deduced from thence, thirdly fuch as being delivered by chrtji^ have been by the conftant tradition of the Church derived to us ,of which he holds this propofition, VniverfdisEccle- fia, Pontifici Romano fubjecfa Jit-, and adds, non tnim pojj'ct evidenter aut per confequentiam pure de fide ex le- gibfis primi ge?ieris humana deductione fulciri^ &c. and izi Jn Hijlorica/I Vindication Chap.Vr. ■*• S°"'', •'• Contaremajm a fmall trad depoteflatc Pontificis, of that tificisad Ni- queftion fayes, ^4^ K^u^orita^ ilU & potejla^s , qua Pon- •holaumTcu- ftfex maxiwus fungitur , Jit elconfenfu quodam homims- f o Mcn. tnbutay anpotius divinitus tr adit at, qua dcre hi fee t em fori - kf^s maximos tumuitus ex^itatos ejfe perfptomus, nee ctiam 'vcrUtfint viri in omni di fc i pltn arum gen tre ciUbreSi ac i;$ QhuJUan^ Theologi^Jludio tllu/lresy in magno hominum tonventfi aJferere^hocjusPontifiiis hum^numejft'^ 6c then adds that he ah horHmhomtnum fcntentiamaxime dijjeu- tne^AQ Y^^O'fccompertum habere^ divinitus ioncejjum ejfe Tonttfici jusillud^Q.^Q that thislearned Cardinal! was not altogether rcfolved in the point, but as a difputable queftion had it/>r^^^^ow/>^r/i^W4 Thetruth of which 1 leave him to difpute with the Oricntall Chriftians. It is «»sicidan/it. maoifcft, ^ Fr ancii \\i?i Clergy , a?jd H^tth their advtfe , to fee the church rcformedhy them. And if othcrwifc, I fhould dcfirc ro know how the /^^.t/Tt'Withour any intermiffioii was rcftorcd byQnecn MaryXoi itis manifcft , ihc retur- ned the life ofit immediately after her brothers death, & yet Cardinall/'^^/reconciled not this Kingdome \.o Rome till the 30^^ ofryjpT^^rw^^r above a year aftcr,andthen too '''on inch conditions oncly as the Parliament appro- "*■ suu. 1.2. p. vedj during which fpace, file as Qneen gave '^diredions ^'-^ AW. f4p. to the Ordinaries how they fliould carry thcmfclves in gSe^Fov fcverall particulars J which as itis probable file did by Wo'-f-j*. th'adviceofher Bifliops, fo there is no reafon to con- demn the like proceedings in Edn^ard the 6. II . I have before fliewcd how far the royal power went in compiling the book of Common prayer: for a Catcchifmpublifhedby the fame Prince, it bemg com- pofed by a learned perlbn, prefented to his Ma^^ , and by him committed to the fcrutiny of certain Bifliops and o- ther learned men, quorumjudK^ium ("fayes^hisMa^yj^^- ^ Ljer^ante gnam apudnos aiithoritatem habct ^ atter their allowance direcije omni- it was by him recommended to be publickly taught in hus ludima- Schools. Likewife the Articles for taking away diver- ^aliflhdai '^ fity of opinions in points ofreligion, were agreed upon grammatuts in aSynodatZ^;?^o«by the Bifliops and other learned **/"""«« ^>/'*'- men, & Rcgia authontate tn Luccm edttt. The King in tra- «o reim 7. ming them taking no farther on himfcif, then he had in the book of Common prayer. And Queen CMary-, though fhe quitted the title oiheadofthe Church ( which yet flie did not fo fuddcnly as Saunders intimates ) did in cftcftasmuch. So that hitherto there is no way of fix- ing any fchifm on the ii";/^///?? Church, for negledl of o- bediencc, it having been ever fubjecl to the Archbifliop oiCa?iterbury:x\\A. others its lawfuU fupcriors, reftoring to him the ancient right belonged to his chair, of being R 3.. their 126 JnHiJlorical! Vmdtcatton Chap. VII. €C4f,i,HM, thcirfpirituallpaftor fnextandimmcdutclyunderC^/'i^ lefus, ButthcKingdomc being re-unitcd to the Sec of .Rome by Queen Mxryy though what 1 have laid doth in agoodpartfreeitoffchifm , yet in refpeft the refor- mation! oncly took upon me to defend was made by Queen £//^4^^/A, and continued fince, itwill be neccf- iary to make fomc more particular mention how it did palTc, u c H A P. vn, HotiP the reformat ton n^as made under Queen Elizabeth. I^^Zi:^^^^//?, the daughter oi Henry i\it %^^ by Queen K^nne Bolen , being received by all the eftatcs of the Kingdomc, (aflcmbled in Parliament) and proclaimed Queen, ^ caufed her fitters Ambaffador , S^ EiDPArA Kerne , then refiding at RsmCy to give an account of this her being cal- led to the Crown to pW«j 4**^ the Pope J who being in anion with France y and out with the houfe of K^ujlrin thenftridly joyned \^\\}i\ England ^ and both at odds with the /•r4j a Fee of lib. ^^^nn9 f^^ church £?/Romc ; That/he couldnotfucceed^ as tllej^i- 15 5* ^J99. timate-y That he could not go againjl the declarations yf 'ici^cp^'^Ce- Clement//?^ j.and Vz\x\\xsi''***',That her ajfuming the Kty^e p, 4 io. name and government lifithout him^ Tif/isfe great an auda* cityijhe deferred net to he hearknedtoiBut he being '^ttitn^ to proceed paternally y ifJheHfould renounce her pretenjions* and freely remit her felf to his arhitrement^ he lufould da Tt^hat lay tn his poller T»ith the dignity of the K^poJloUck See, A ftrange reply to a civil meflagc, were it not deri- ved to us by an unqucftionablc hand , and that it came from Chap. VII. oftheOjurcho/Enghnd. 127 fromP/i///;^/ 4»"*'ro whom it wasnor anunufuallfaying, ^ tha( hee l^'ould have no Prince his compagmon , but aU tecod/mliho^ ftihje^s un^r hys foo-t . Upon this unwilliiigncffc lod^z- knowlcdgchcr Qiieenati?f?;»r, th' Archbifiiop oiTork ( who had before ' affirmed no man could doubt of the cHUfpccdM ;uftnefleofhcr title) and the reft cfthcBifliopsrcfurcd '^^ *n*king to Crown her. As for thaf^fome write, //Tb^ij becaufe they ^JfuM^riei had ev/detJt probjibilf lies/he tnf ended eyther not to take , or ^f^'*' f^ f-f not to keep the oathlpAS then to be >idnn,'jt/}redunto her.efve- cemm^ns, m daily in the parttctdar of not maintatntng holy C^«;f/^rj linfhcad, Giaf. UlPCSy in rejpe^jhe hadjhc^edan averjenejje to fame cere- J.°"' ^.^'''^ monieSi as commandi?ig the Btjh. ^Carhle not to elevate the rathi"h L theconfecratedHoHy [lip-ho/loutly refufed her ) and out oj 5^'»/? t'ntbook fear fhelt>ouldrefufe tn the time €j her fatn the folemn di- ou'oJof Ju-*^" vinectremony ofyn^ion% tbcfe areccrtainly without a- fticcinEng^ ny colour, and framed fince. Forasforthe iaft,the cc- ^•»^<^^/*5-5u rcmonyofanointing, (he had it performed 5 as had King />«»ii'/ who fuccceded her, who ' would not have his crf^-spof?- Quecncrowncdin.io. ^^^.j.i,^g^i(]^[^-,gi-heaudorityof the Bifliop of /?(?;»^; be- ing very fevere, for fecuring himfclf, in bringing fuch as didbut extoll the faid audority, for the firft offence, with- in thccompafsofa/?r^w«^/>^, and that refufed to take itjOftreafon,) was not eafy to be pitcht upon : befidcs ftylingthe Y^xvs^head of the Church ^ which many made lioum. des afcruplcat; to g whicheffccl a bill being prefented to c«ciu Ei^. the hoLife of Commons the 9. oi February y after many argumentshaduponit, the ii.oi February wf on the fe- cond reading it was abiblutely daflit, and upon great confideration taken the u^.Febr. a Committee appoin- ted to draw a new Bill, in which an efpeciall care was ta- ken for rcftoring onely the ancient jurifdidion of the Crown, and the Queen neither &y\zr(?^'//3, that he who had an eftate of inheritance in a temporallOfficc, & refufed to take the faidoath,did after upon better per- ^•^ fwafion conform himfelf, fliould be reftored unto the laid eftate 5 and that fuch as fliould maintain or defend theaudority , preeminence, power or jurifdidion, fpi- rituall or ecclefiafticall, of any forreign Prince , Prelate , Perfon, State or Potentate whatfoever ( not naming the Pope,as her father had donejfliould be three times con- vid before he fuffered the pains of death. 3 . This Bill, which no doubt the Popes carriage drew on, being expedited in the houfe of Commons , received reformation by the Lords, committed the 13 .CMarch to the Lord Marquefs oiWrncheJler , Lord Treafurer , the Duke of2yj>r/^//(',the Eads oiFFeJirnorland,Shreli>sburyy Rutland, Sujfex^ Penbrook, vifcount Mount aguei, Bifliops, Exeter y Carltjle-^ Barons, Clynton Admirall, MorleyMch^ ^tl/oughby,North, no one of them then noted for Pro- f eftantirme3 the 1 8 March pail the Lords,none dilTenting but Chap. VII. oftheOjurcbofRn^;xnd. 129 but S. Bifliops, the Earl oiShrelvsbury , Y \(co\.n\\. Mount- ague, andthc Abbot oiVVeJlmmJicr : and the lame day fcnt to the houfc of Commons , who upon pa'ulall found again what to amend it in^ (o ab it had not it's per- fection \\\ both Houfes till Saturday the 6^^^ of .^^^(whcin the Parliament ended the Monday following ) at which timconely Vilcount Mountague^ the intcrelfed Clergy oppofed it.By which it cannot be queftioncd,but the ge- nerality oftheLords did interpret that law, no other then, as indeed it was, a reftoring the Crown to it's ancient rights 5 for if otherwifc , without doubt there would have been as great an oppofition at lead made againflit, as fome other ftatutcs w hich pad thatParliament met with, that the Marquels of Winchester , the Lords Morlcy , Stafford, Dudley, yp'harton. Rich, T^rth, joy ncd with the Earls ofShreH'slpuryi Vifcount Mou7Jtagtie^ and the Pre- lats, tohaveftopt. 4.But whereas fome were induced to think by the ge- nerality of the words , that affirm her Highnefs to be fu- premegover?iour as l\eell m all fptntudl or ecclefiafttcall caufes as temfcralL as if it had been an ufurping upon the facred fundlion in the interior('as I may fay)of the Church , properly belonging to them in holy Orders, her Ma7 the lame year ^' did declare, She did not challenge a-ay o- ^^''^f^i^me- ther auctority thenlt^as challenged and lately ufed by King funfti'ons'^' Henry //^^ 8''^ and Edw. 6. '^vhich island li^as of ancient i hii-^. time due toth' imperiall croli^nofthis Realme-^ that is, un- der God to have the Soveraignty and rule over aU m.inner of per jonsl^rn'^lthtnthefe her realms ,^z. And that to be the onely fenfc of theOath flic caufed to be confirmed the next 'Parliament; at which time a Synod being '^s^^'^\-^*h'^' held, for avoiding diver fity of opinions , and cHablifhing of confent touch I ng true religion ^Q»\t did exprefly declare, ^ they did notgive to our Princes the miniftring either k^rr. 37- of Gods Word or the Sacraments, 'But that onely prerogative is given m holy Scripture by God himfelf that S />. 130 ^nHiJloricall Vindication Chap. VII. /V, that they Jhould rule all eji at es and degrees committed te their charge by God, Ivh ether they he ecclefiajlicall or tern- for all ^ andreFtramiv'tth the ctvillflvord the fiuhborn and evil-doers^ &c. And thcfc articles were likewife confir- , nied by Parliament 13. Eii:^^ cap. 12.1b that no man can doubtthis to have been other then an acknowledge- mentjWhat Princes had done formerly in all ages might be juftly continued 5 not anintrodudoryof a new law, but the aflertion of the old right of our Kings. 5 . Another matter of great weight then likewlfe ex- pedited was, the fettling the publick fervice of the Church in one uniform wav. King Edn^ard the 6 . inten- dingfuch a reformation as might ferve for edification, caufcd certain pious and learned men to meet together , who ( as it Teems ) taking for their pattern the pradife of the primitive times , cafting out of the Liturgies then ufedfuchparticularsas were any way oftenfive, fhew'd tkeirfcopetobe,whatthey pretended, to reform, not makeanewChurchorServiQej and thereupon had, by \lVca^i[* /^^ atdoftheholyGhoJl, ( ^ as the Adt of Parliament fpeaks) concluded on, and publiflitthe book of Common prayer, with a form o^admimjlration of the holy Commtt- nton^commonly called the UHafs. But nothing humane: is perfed: at firft ; this Book fome few years after recei- ved in his time alteration, and the word Mafs ( I know m Cdf.ie not why more offenfive in it then the »* Augu/iane Con- $9rMifxT' f^ffioi^) expunged, with fome other phrafes in it. fndnos, 9^ 6, But for the better underftanding how Queen Elt- fHrnmare-pe- 7^/?^//; found this Church, it wiU not be amifs to look a iut. littleback. //^/^r^theS-dymgin/.^^^z/^r^ 1 54*, leaving the /?ow4;^Service,with fome alterations not greatly con- fidcrablein it , the wifdomeof the State ( however in- tending afarther reformation^ was not immediately to abolifliit; foas the Lords meeting in Parl"^-i 54.7. 7^- vember the 4. though they had the Mafs fung in Engltjh, y^t the Liturgy of the Church v/as not common in that lang;^ua£e: Chap. VII. ofthe OjurchofRn^.\nd.^ i]i langu.ige till after Eafler 1 54.S. This Scffion continu- ing till/; ^c^w/'^r 23. rcftoL'cd the Communion in both kinds, upon \\hich certain learned nien by appoint- ment met at r/''//^^r, to confiderol'a deceiu Foim for theadminiftrationof it; which in March his Ma^y gave out backt with a Proclamation, fo as at Eajler it begin (without compulfion of any, ) to be put in pradiic, and after Eashr y feverall parochiall Churches to cele- brate divine Service in £;;^////?, which '^xVVhitfuntide was by command introduced into Patds\ but hitherto no book ofConmion prayer extant , onely the manner of adminiftring the holy Eucharift (omewhat altered. 7. During this while, the Archbifliop of C^;^/. 6. Bi- fhops, 3 .Deans Doftors, and 3 . other onely Doftors, were bufied in reforming the publick Liturgy of the Church, lohfi Calvinoi Geneva , a perfon then of high eftcem, advertifedof it, thereupon wrote to the Duke o^Sower/enhc 22. October i S48, giving his judgement in thefe '^ words [_quod adformuUm precum & rituum ec- *iohan.Cal- clefi.'ijlicorum, valdeprobout cert a tlUextcty k qua pafiorir- ^'"" ^'^ ' '* bi^s difcedere m funtlione fua non lueat > tarn ut confuUttir quorundamjimplicitati&imperitia J quam ut ccrtius it a c on/let omnium inter fe ecclefiarum confenfuSypoJlremo e- ttam ut cbviam eatur defuUoru quorundam lev it at i qui novationesquafdamajfe^ant.'} and taking notice of the form already had for celebrating the Communion , adds this, K^udi^ rec'itanijlhic inCcenxcelebrattone orationcm prodefunl^iSy neque verohoa adpur gator ii FapiJIict appro- hationem referrifatisftio, neque etiam me late t pro fern pojZ fe antiquum ritum mentionts defun^orum faciendit , ut eo modo communio fidelium omnium in unum corpus con - jun^orum declaretur^fedobsiat invi^lum tllud argumen- turn, nempc Coenam Domini adeo facrofanciamtjfe ^ ut ullts hominum additamentis tarn confpurcarcfit nefas, * Hoif,t^f S. This Letter received about the ^beginning of the priHiedi>09k9f S 2 Parliament, f-'^^"^ Pert tl^ ^.IZ^yfrnhcr '. ft^hich I(9»eciy( %T0)K9tHt^ n^t 4f . ^j^^g thefaidbook theyfhouldfiem to condemn the framerSy nolo ready l\pith the price of their bloud to confirm it , fhould give thetr adverfartes occafion to accufe their doBrine of imp erf c Rio n , themfetves of mutability ^ and theGcdly to doubt of ivhat they hadbeenperfl^aded'^ that the ufe of it permitted thvy '^ouldjoyn lt>ith them bj the firfl of Februa- ly; their Letter bearing date the 23. oilS[ovember 1554. 10. But nothing could move them tobe like Saint Paul^ XXll. ->2 Chap. VII. oft he Church (/England * i PauI, all things to all that he might gain fomc , or rclcnr ' (^onmi*. ix. any thing of their former rigour 5 oncly a Type of it ^^' drawn into Latine was lent to Calvin for his judgement, who returned an anfwer the 18. lanuary 1 5 5*. Ibme- £p//f. ico. what refembling the Z^^Z/^/j/r/t oracles, That ihe book did not contein thefurityl^ds to be l^ijht-^ that there Hfcre m it incptias,jy^/ tolerabiles ; that as helponldriot have them he ultra modum rigidos ,fo he did admoaifl) others ncfibi infuainfcitianimisplaceantjC^f. And here I cannot cfe- nyto have fometimc wondred, why in thefe difputes the opinion oi Peter Aiartyr^ then at Strasburgh , a per- fon for learning no leffe eminent, was never required: but 1 have fmce heard him to have been slwayes a pro- fed patron of it, as one by whofe care and privity it had been reformed. 11. Whilll matters went thus in Germany, certain learned men at Geneva were compofing a Form for the ufe ofthc£^;^///i^ Church there , which 1 5 56. wasprin- ted by Grifpin, with this title , Ratio & forma public e or an di jyeum atque adrninijlran' di Sacrarrienta &c. /;/ \^nglorum eccle/iam, qu*^ Genevj^ colligitur^ recepta, cur?fJHdtcio& comprohattone D. lohan- nisCalvini. But this did not fatisfy all , for Mr. Lever coming to Frankford to be their Minifter, requefted they would truft himto ufe fuchan order as fliould be godly, yet without any refpe^l to the book oi Geneva or any other. But his endeavours were foon rejected ,as not fit for a- rii^ht reformed Church, and the book it felfhath rccei- vcd fincc fundry changes from that firll type. 1 2. In this poftureQueen Elizabeth found the Church, the Protcftant party abroad oppofing the book of Common prayer, fetv, varying in judgement, not at u- nity with themfelves, nor well agreeing what they would fubmit unto : She hereupon caufc J it to be again revi- led by certain moderate and learned men , who took a S. 3. great. 1^4 ^nHiJloricall Findication Chap.\H, great care for removing allthings really lyable to exce- ption^ and therefore where //r;;ry the 8. had caiifed to be inferted into the Letany, to he delivered from the 'Tyranny of the Bipoop of Rome dr all his deteflahU enormi- ties,ss\\\&i remained all King Edlr>ards time, this, as what might give offence to that party , was thought fit tobeftrookout; and where in the dehvery of the Eu- chariftthe firilbookof £^. thc6.had onely this claufe, HThefir/i ^'jhe body of our Lord Jcfus Chrift It^hichli^as given for f7^^/^K ^* ^^^^p^^f^^'^^^^J body and foul unto everlafiing life , and ■ ^ " * at the giving of the Cup no other then 7^^ /'/^f/^ ^jTf^^r Zor^Icfus Chrift It^hichn^as fhed for thee freferve thy bo- dy and foul unto everlafiing life , and the fecond book which was in force at his death had removed thofe two daufesjandinftcad of them inferred Take and eat this in remembrance that Chrift dyed for thee , and feed on him in thy heart by faithlvith thxnkf giving , and accordingly at the delivery of the Cup , from whence fome might, and perhaps did infer the faithfuUReceivcr not to have a real communication of Chrifts body , in taking the Sa- crament, but onely a remembrance of his fuffcrings; it was now thought fit both cxpreftlons fliould be retai- ned, thatno man might have any juft caufe of fcandall: for be C^ri/?J prefence never fo reall,even by Tranfuh- ^ifof.xi. ^4;///4r/^«,intheholy Sacrament, we may upon <> Saint V' ^^ < Tauls warrant do it in remembrance of him. Thusatthcfirft ofher reign matters in religion paft with fo great moderation, as it is not to be denyed very few, or none, of the /?(?w//Z7inclination(if they didatany time go toMafs,)refuredtobeprefentin our Churches during the time of Divine Service. But of another thing that likewife paft at the fame time, it will be neceffary to make fome more particular mention. CHAP. Chap. VIII of the QhuYch o/England. 13 $ Chap. VIIL Hofp Queen Elizabeth /ett/ed in this J^ngdome the proceeding againji Heretic h. Nothcrparticular,no Tmall argument of the Queens difpofition, fell into confideration this Parliament. Her '^ Sifter had revived all 21.2.?. m^ the laws of former Princes againft Hereticks, ^*P- ^• even that ^oi Hen. the 4. which her Father had on b 2. Hf». 4. weighty confiderations repealed, and all proceedings cuf.i^.re- againft them, till they came to their very execution, per- T^l/W. raining to the Ecclefiaftick : how to find a means to pre- lerve her fubje(Ss, and yet not leave a licenfe to every old berefy, new invention , fanatick fpirit, to ruffle the Church and trouble the world, was a matter of no fmall difficulty. But for the better underftanding of what then paft, it will be requifitetoconfider,how the condemn- ing of Herefy and proceeding againft Hereticks hath been, both here and elfc where, how her Ma^y found it abroad in the Chriftian world, and at home, how thereupon flic fettled it. 3. T he words //^r ) was eafily drawn out ^jr Euftb. /'/'• of his own home; fo was 5 Ow^'^^fentfor into o/r^- ca/).;.-.^.. y^^^ And that this form continued in condemnina; He- h Eufcb. lih. refy till Conftnntine^ feems to be very plain by the h pro- I/"f ''f' T^' cc^^ingsagainft Paulus Samefatenus and divers others, c^p.22,z3,24. remaining yet in hiftory, and the writings of the fathers. Butfor thcprofccutionof an Heretick farther then to avoid him, I know no example, till after God having given peace to his people under Chriftian Emperours, i Eufcb. lih. they ' finding, if the Church were in trouble, the State lo. c.t/'. 7. to be feldomeotherwiie, did provide as well for the caL atm.i'ih. 5. lingofBifhopsto Councclls that might condemn He- yideepifj, refies, as by lawes to punifh Hereticks. Cynai^ii 3. The Councell of T^ce therefore having in the Baron, to. 5. year 3 2$. ccnfurcd the opinions of'^^rir^s for hereticall, ^nHo^io.n. the Emperourthathad formerly granted pciviledges to k Codex Theo- Chriftiaus 326, declared ^ h^trettcos ntquefchifmaticos d9f.iib.i6dc h/s privile'Tusal/e^/os dec. 3.ndih:it no lYLdin mi^ht be dd i.r/WfEufeb. ceivedby the ambiguity or the word //^r^//f A', ^ Grau- deViu Con- an and Theodofius in the year 380. did declare who one- f^^^TiTi ly were to be fo reputed, ^>;;^. all who fie undum K^fo- I Cod,Tofod. flolicAm difiiplmam evxngelicamque doBrm^m patrts dr !^^j ' ^^t fi-ii & fpiritus fan^i umm deitatcm fubparili majeflate & Fide Catho- ^ ^ , -^^ •' , j t r i ■ i- lica/fp. 2. Jub pia trtnitate credamus, banc legem jeque?2tes, Chrtfn- anorum CathoUcorum nomen jubemus ample^li , rcliquos vera dementes vefiinofque judic antes htzretictdogmatts tn- /i^?5z/4w/A(/?/^rr^: and the year following did not onely in Chap. VIII. of the Church ^/England. 137 mlanuary**^ renew the faid Hdicl, but in July *^ com- "^^ ihid.dc manded all Churches to be delivered thofe Bifhops w ho ^^^"'^^'^- ^'"^ held that profeffion, ?ithil dtjfonum prof ana divijione fact- n ihid. dc enteSjfed Tnnitatis ordincm.perfefiarumadfertioncm.divi' ^^^ Car oh- Tilt At is ordi'ne7n &c. and tor the m ore afiuranccas a mark ^ oftheir being orthodox,.*, did hold communion wirh .-. jt;V. u^. theCatholick Difliops of any one feat there rcmcmbrcd, ^> i-^^'"'''* as B:L7riafii4 of Rome , TSlj-^ianus of Constufit'moplc , FeU- /^'^jc; iVqi.>i giHs QiLaodicex , Vhdorus oi Tarfus , Optif/ius of f^uti- rcligionc och.Scc. onmes autem qut abecrHm quos cofnmei^oratiofpc- ^oj^^^"^"n^» aW/j- exfrcj^itfide communionis dijjentiunt , «/ ma?iij(jhs ^ hjireticos ab ecclcjiis expellt. Which note o ittjiintaii like- o ro^tl. wife in the year 54.1. having prefcribed , goes farther, Co'#. i«>^ thatyrf^r.;?^? comrf!t4'rao'ae?ninCathol ca ecclcjh 7io?i perci- '^^Z"'*^''" pientes k Deo amabiUbus Jaccrdotibus , h^reticos jujh vo- cnmus. 4. Before therelawes,itis not to be wondrcd if every one dcfired to be joyned in communion with fome one of thole feats, whofe Bifliops were fo recommended,for conferving the Apoftolick faith, for the fandity of their manners, and for keeping fchifm out of the Church; which being ufually joyned with fedition in the Com- monwealth , p Princes fecm to have an cfpeciall cyehow p Coi. Tiet^.y itmightbc avoided, but after thefeEdifts they certain- dofjii,.,i^^..'y^ Iv did it much more: and there beins in the world no i,l; '!,?"'//" Lifhop more flimous then the RDmarh nor any other na- tcndunt, le^^ medin thefe parts of fwro/j^ then he, every one cndca- ^''^' voured to live united to that Church , whofe form the CouncellofA^/r^ 325. ( for before that , .\ ad Roma- .♦. i^Enex SjK iizxrxecclejiam parvus habebattir refpeclus, as ?ius fecun- vii £;/[?. j^i. ^/^/ writes) approvingin diftnburionof the ecclcfiaftick *luJi\^o'.^'^ government, and Emperours now in point of bclief,t1ic BeiixYmino c- 7vi?w.t« Chair became fo eminent, as, for to fliew them- ^'^' "*** fclves orthodox, many, efpecially of the Xji/mj, did hold it enough to live in the communion of that Sec, and the Fathers in that Age to give high cxprctTions of being in T union 138 ': Ambrof. ,* HieroH. di :■'. Gregor. fj Cod. Theo- tiof. lib. 1 6. de fde Ciitholi^ iti leg. z. X "Df K.omtt- no Tontif^ lib. 4, cap. s.§. ^imdMUem, i Revcgnlt. ftfg. 19 edit. 1608. Jngol- flat. AnHiJioricaU Vindication Chap. VIII. union with it. : : S. K^mbrofe (hewing the devotion of his brother Satyrus in a temped, adds yet farther as a niirk: oiity Advocavir ad fe Efifcopum fercontatuf- que ex CO efl utrumn^m cumeptfcopis catholicis,hoc c[l cum Romana ecclefiHy conveniret: and S. ^^^Hierom , a per- fon very fupcrlativc in praifing and reprehending , wri- ting about the fame time to Damafus ^ Ego nullum pri- mum niji Chriflum JequenSy Beatitudini tua^ td ejl cathe- draVzincommumone confocior &c. and in the year 602, a certain Bifhop returning out offchifm^^;^/^^^^ volun- tate did fwear , :•: he in unit ate fan^d ecclefiA cathoU- cay & commumoneV^O^wSiVn Pont ijicisy per omnia per man- furum&LZ. All which in time bred an opinion, that Chair could not entertain an error, and the beginning of the mark abfolutely inverted^ for thofe men who at firft were, as others, fought unto ^becaufethey did conferve. the religions* P^/^r had planted in Rome, muft in after- ages be anely held to maintain the fame dodrine becaufc they are in that See ; fo that the Dodrine did not com- mend the perfon, but thebeing in that feat, and recom- mended from thence , be it what it will , it ought to be received: infomuchas »" Cardinall^^i^^r;^;/^;^ doubts not to write, St Papa erraret practptendo vitia vel prohi^ hendouirtutes^ teneretur tcclefiacredere vitia effe bona & "uirtutes malas , nifi vclUt contra confcientiam peccare : for which he was /afterward forced to an Apology; yet is not in my opinion fo abfurd as the ^ rule left by certain religious pcrfons 1606. to their confidents at Padoua , containing ut ipfi Ecclejia catholics ( un- derftanding the Pope ) omnino unanimes c on for me f- quejimus : Ji, quod 0 culls nojlris apparet album , nigrum t/laejfedefimerttidcbcmusittdcm quod ?ugrumjit prontin- it are Sec, 5. But to return whence I have a little digrcfs't: it being plain by thefe lawes, the Emperours rcftraincd f oints of Hercfy to the Catholick Dodrine of the Father^, Ch^ap.Vlll of tie Church o/England. i39 Father , Sen and holy G he//, the g,iound of the four lirH- geiierall Councils; and othois not to bz cltccmcd hereticks : in which lcn(c 1 ci>ncci\'c Iiindrv oi the 0 ancicnti> take the word; as ** S. /-//^rc^^^^, when hcfayes uih-ct in all Hcrttfcks U,iv€ God) and Socrates y when he agiecs ^^^'^■^•)- iuch as *' condeniiicd Onge-a , ^//d:/.g not to hLime his x-x.^ ve;,4Co^ opifiion of thsholjTrtnity ^mujl co?>ftjJe he held the ri7^ht ijb'fj.uf>. t>' faith : and Leo the hfll, when in an epidlc about 449. ^^- '- he exhorts the En-jpeioui' Thecd^fius to confidci: the glory oi S. P^^tcr , the Crowns of the Apoftles, r«?/- ^orumqtie '^:artyru?n prJw.is, qu:b:iS alta no:-i> fun Qnufi fatiend'u niji confef^io vtr^ divinitatis, C/ zer^i, hu- n/anitdtis m Chrifto , doth intimate the true faith to be contained in that profeflion. After theic reftri- dions in the declaration of Hcrcfy, it is Lkely divers Sedts grew very audacious, either conceiving them- felves without the compafs of law, or trufting in their friends and numbers 5 infomuch as \^rcadius ^ jheo- dofius and Vdentinian , in the year 395. were forced to declare, y H^reticorum ?:omine contmentur ^ & latis l^fil^'^^^' adverfs cos fnclioniht4S dcbent fuhcumhere ^ qut velU- leg.z^, f'' are more ^ feverely ccnfured in them , then others, io.j.comrA whofe opinions were certainly more dangerous , ^[' ^*'"'* ^^' yet whom Empcrours did think worthy of more fa- h^coi rheo- • 6. But whilft Princes did thus by their lawes onely /t,*??,:^^*^ corrcft Hereticks, and the temporall Magiftratc execute 5i>5 4.^5* ihcic commands, they did rarely thiak fie to proceed T i ^ to I40 (ty{n Hijloricnll Vmdtcation Chap.VIlI. "icannotbiit ^ iq bloud , unlcflc pcrhaps ^ againft fome fcditious md Wcicm' preacher j and the holy men of thofe times tiled earned hcchius (in pcrfuafions to dcter any incHncd to that feverity , asnoc Tif.l'^deHa- ^ftecming it to agrce With the entire charity of a Chrifti- reikis c-^c. ) 311 . S.Augufiine, whofc labours no man equalled to pre- ttnJerjhtid fcrvc thc Church ffom that contagion, when Donatus ManuLls the Proconfiil oiAfrtcA went farther then that holy man decivicat:bus likcd in that kicd, ^profeflethhe had rather be himfelf i^S^^ flainby them , then by deteding the Vonattjls be any piiciotradcii- caufc thcy fhould undergo the punifliment of death. S\ CIS, y:ottohe profper c remembers" four Bifliops to have been excom- king away municated 3 92. for being accufcrsof P/7/r//M;^ (tnenrtt their u^es ; J hayc read of had his opinions confuted not by Syllo- lionfnora!!l gif^s but ftcel. j From whence/ Baro?nus conceives ( eitus the it proceeds, that fuch as deliver an Heretick to the Secu- UTPjerfoin- |^^ for cxccution , to this day, cffcdually intercede he i:r frets ulvi* n 1 rr-umfuppii- may not bc puniiht With dcath ; yet, as it were to mock cium/r. dc God and delude the world, if the Lay having him in his \7jonl^' power jfhail defer the doing it more then ordinary, Sit whAt ufe Tpcre [$ the conftant tenet of the Canonifts, relying on a Bull of itmX^c'ify ^^^♦^*^^^^^the4. 1260. heistobccompeil'd unto it by tftheyivere ' ipirituall ccufures, yct may not take any cognizance of. to be infjantlj ^j-j^ ^aufc at all. executid ? and that Ictrv being ta^en out o/Cod.Thcodor.Ieg.65 ,dc lAxict.rphere thofe word^ Are altogether omit- iedyJ conceive ]uCVin\ an intended by them no other but ihofcCn^\ia\cs pocnxf/jj/ tvere -i^oxi\ pro* ximcc, <« mctal'i cOc»#irio , in infulam dcportatio, C^c. jf. de pccnis leg. 28, The like may ferve for anfiper tothoje ether T\.efcr!pti in Cod. Thcodof. de HareiAeg. 9. 36* It ii maHijifi hy many pUces oj 3. Av^w'WnCt^ 10. J. coMiz lit. Pctiliani, lib. 1. cap, 86. ih^t there nuu no Uwdurlnghi/i time cigainf} t'.e life of m heretick ; and Bella r mine himfelf confejftth a^) much, dc laicisf<»/>. 21. § Ai'guflintn. But howeyer the matter ps not great-, being onely agjinfi Jotti; particular hereiicks , rvhofe dcforlmentsmay be thought to hay>e been feditiom ai well as their (on- fcirnce erroneous cVeHxret, leg. 8. (od^Iiiflin. d £/>//?. 127. C^ B^etra^. lib. 2. c.tp. 5. f Profper j« chronica i^n. 391. f To. 4. ^»wo 586.;/. z-^.J-'ide lohan. Koy:\^fJ>igHUr. i€j. n. 6. D;yc^orium Jnauifitor. z part. cap. 2.7. p. 151. fo/, i.par. ^. qnntft. 101. p. 702. cp/.2. rJ//. p^ojwrf 1 585. v/'c/f iormnlas C^f. <^fl^ /wpw praxis iudiciarix Inquifir, p. 524. c p, 526. g DireH. pari» i.inqtijefl. 36. Tranc. Pcgn. comment. 85. p. Co%, col, 2. lohan a iioyzf/inguUr. ioy.n, z. Vide part. z^n. 450. 7. It being then the courfc in the primitive times that in thcprocecding ngainft Hcrcticks, the Ecclefia- £Uck Chap. VIII ofihe {^Z^/^rr/; ^England. 141 ftick did conclude what ^ T^^;r/j were Hcrcfy , and the -suuxm Temporall whether the party accufed wercguilty of the Lciafin z.n imputation, and Hkcwiieot his puniflimcnt (asismani- j^^^'^^"^ ^• fcftbyimpcriallconrtitutions, the writings of the anci- cannot cnt Doctours , the cuftome of the Catholick Church, ^'^^ ^-''^ that never prayed agamft Hercticks, biitHcrciy, ) did lb '^onluUnth^ remain at leatl Soo.veares after chnfi \ but about that i'j<^ofst. An- time the divilion ofthe EmpirefaUing out, and Epifco- f;^'^/"' ;")/ ' pall Confiiloriescftabliflit through Europe , Bifliops did mMKcrufed beccin to claim as matters ecclefiallicall , and oneiy pro- ^^'^"'f '^^ cy • r Cd'ho I 'k. per for their Courts, the ading inthofc caufes^ which in (hurchmcoH^ fomcfortmi2;htbc , ibfaras the determination what is t^ewnationof Herefy did extend. Andaboutthcyear looo, the Chri- co^formul'ie ftian world (asbranches not bearing fruit in C/:7r//?, and lowhatnhere therefore to be caft into the fire , loh^i xv. 6;)bc2;an to f('^'b''^,f'^^y 1 r n.- A /- • ' / tt hoc rale take that w^ay ot punilning Ulf//crea?jrs'j lo ni '- Itdy Jcillis Ecc!c- » and France,jt4ffi4 Regis & uninjcrfjefLhis confcn(HS.o\\\z ^^eDci catho- were thusdeftroycd : \w^ in imitation of Emperors, who i!'^,^,-^,^^^"^^ had by their edicts prohibitc^d all complyance with Here- liampniTl- fv^ fofar, as to puniflianvlendin^^for that end places to "^'^»s impcra- refort unto, ^ AUxander the 3. 1163. m a Councill audiensnc held at Tours, & in another at Rome 1 1 79. makins; very i"cqucns,ra it ftri6t canons againftHereticks,dcclared,^c/ & dofen fores damn5o:- nituir. ^fgn'mfl ■ a;?^/. Of which the later being »" regiftred in the Canon ^'■ic:>fome hWjisthcnrftecclefiaftickconftitution initlhavc ob!er- 'L^t.^^ v-cd to condemn rather Hercttcks then Heref. Soon after Cajfar pro- v\ hich :: Publicani iomharebivnur in plunbus locis per re- """^'^^ J'^* r^ ^ * rcticos:^«t A 5 gn''4T9t t'cttjhtn'iv.g to,')x:>oirent , ihe a'.floiije of t^ofe times rni^hl perh.tpi ( n>hctt the pUcf h fdj ti'tfi not ) be regarded. The Ivcuifuon thftefcre 0/ Spain in their InJcx At MaJriJ 1612. p. ^j.iol. i. appoint it: tohe hlautdou:. But thii edl!^:.^gai^^J}lhe TtLigidtisofn'hcniihitFaihcrftakStti not.non'jo::rid ei- thtr in the tjdex oj Tieodof. or luUiftian. But fee Baro vlus icm.^.annu +1 9.w. s 7,5 3. /;Baror.,'c.-. \o.^iino lOQQ. ;;4. ilbid.to.w ..^nnoioxy .v.\, kCod.Theod.de Hxret.lei^.\2,ii-,;A-i'i6.C*'c. . lHo,wd.yo/. 3^4.3.4!..c^'rt^»ift fne Jnni^ . nV'^j'a'iflor. i.^z An HiJIoricall Findtc^.tion Chap. VHl . gnum Francix, quod Rtx Kn^Wx nullo modoferwi(jt m tcrrafua, licet ibi ejjer/t perplurimi. 8 . Yet the pions men of ihofc times fccm not to ap- prove of this rigour. S^ Bcr-/iard, oncofthenioft devout pcrfonsofthat Age (virfltnc Apojlohcus fayes " ^r//^r- mine) following the doftrincof one much more Apo- •«B(rrnard.;» ftolick , ^ explaining CA;''Jic.\\.i<).Tak€us the little fox- .Cmi.ferm. ^j ;fjj^ Cpoylthe vines. Writes, ft juxta alleaoriam eccUruts 6--.X0A.C0l. -'^ ^ 7 r 1.1 . ^ . r ■ // 9%-.k. edit, 'vmcas.^vulpcs hdirtJeSj veifottus httreticos ipjos tntelltgx- i> s^. m'^Sy /Implex eji fenjus , ut h.tretici capiantur potius quam (ffi^gentur*.^ crpient ^r duo, nonarmis.fedArgume'atis^qui' h:*s refelluntuY err ores eot urri^ ipfiveroji fieri poteji re con* cdkntur CHholicx.revocentur ad viram fidtm hoc deniquevellcfe perhibet, qui nonfir^iplictter capite vulpes, yr^capite nobis, /^/^;//>, vulpes ^ a^v i\\2i^ -., fi bier go &fp on fe fu£, tdeji Catholicc^yjubet acquiri has vulpes, cum att ea.- pi'te eas ?iobis. and a little after, ^uod JiHxreticus reverti noluerity nee convt^us poji prtmam jam & fecundam ad- momtionem erit devitandus. Thus the holy men of the Age in which they ftopt firft mens mouths not with arguments butarmcs, did judge of it; and indeed we have not many examples of any luffered meerly for con- Iciencetill after 1216. ^Taranffco de 9. In which year,as(ome write, Innocentius 3^- P on ^Ifuh-^^Vit. thcignoranceorremiflhcfsofBifliopsin profecution of j.cup.i.?;./. Hercticks, did give beginning to the ^ erection of a new p. 9o.Siman- Court,called fuice the /;:j^«/y?//f?;^ I ofwhofcinftitution fluut.Tit.i^, andufCjbecaufeit hath highly fcrved to the railing the «.4p.i82. Papacy, it will be neceffarytofay fomething. He there- ii'aramo i< ^^^^ ^^ ^'^ ^^"^^ appointing Bominicus a Spaniard, foun- vTigine inqui- dcr of the Dor?iinican Order , by a Commiffion delegated ^^' from him, his Inquifitor agahift the Albigenfes in France^ ( without abrogating the power of Epifcopacy in that k kind) gave to him, onely aprivate Friar ,fuch a power, as caufed divers of them to be deftroyed by that aufto- rity in another Princes Dominions. Though fuch as Chap. VIII. of the Church (/England. i\i ' I have fccn do conclude the auftorityhccxcrcifcd to 'F^nciau. have been from Innocentius 3**^- yet of the time when it / it remained ohfcurum dchilitatum- ^P-it-nmotf? ^ue^ till Ferdinand and ifahe/Ia 1 479. by agreement with ^/5,"^ ^"^"-^^ Xiftiis\. or, as^ others, \\%\.\^\\X\Innocentius S,did fo zcipr^.n\\. renew it, as »i*/w^r;:f4 doubts not to write, they did in- P »'J- ^ trodnceit mto that Kuigdome : which I conceive to ,5^. be in refpedofthe aiterations in the proceedings now «»Franc»f. ufedtothofe were formerly; for that tribunall, in pre- reioTpart.-il cedingtimes committed from the Papacy to Friars regu- com.iz.p. 49 ; . col- I. In^ lars ( who mcft depended on Rome,) and therefore laid ^%'^l!'^li to be the Popes Court, is fince by this concord become fltt.Tit. h- in effed no other then the Kings, being recommended n.'^.seeVc' to the care of Clerks fecular and Lawyers, the Do- ^"^" '^ ntinicans who formerly governed it altogether ex- cluded , unlefle where the Inquifitors require their counfcil. 12. The ftylc or manner there ufcd being, that his V MaT 1 4.6 ^n Htjhricall Findicatht C hap. Vi iL -or/(/erara- Ma«T 0 names an Inquifitor gcnerall, whom the Pope j>i^*1^^iJ"^ approves, and aftcu is not at all admitted to intcrpofe; Tu.V.'up/^.' for that Inquifitor nominates a CouncelljOf which him- pertotum : c^ f^ifjs Prefident, for number and perfons as the King fu^ra^^T^^i^. hkes (as fometimes five^to which Ph/l/p the 2. added two »-6,7. more,) and the fe be of the graveft divines of *y^^/«, e- verrcfiding at or near the Court, who compofe all differences arifing in particular Courts, receive all ap^ peals, punifli the defeft of agents, and relates to none but the King. Of this Councell , as I (aid, the Inquifi- tor gencrall is Prefident, whofe auftority is very ample j for he nominates all provinciall Inquifitors and their Officers, (who yet enter not on their charges but by the Kings allowance^ whom on occafion he removes and puni(hes, releafes all penances, appoints vifitors over particular Courts, and though he be direded by the rule of the Canon Law and papall bulls, yet on occafion va- ^infiruB. ries from them , as is manifcfl by P thcfe Inftrudions, Hifpal cap. Reiinquendum eft arhitrio & pruienUA raqutfitorum , ut ; Paramo p. fYocedaytt juxtajUYts dijfoptonem m his qu^ hic non ex- i^(>col2.n.A' preffedalarantur^is anfwerable to none but the King, admitting the Pope either very little or not at all; info- ^Adriani much as q Pius 4'«^- 1565. fending the Cardinall Buon f ih'i.c^* compagno into Spatn^ upon thecaufeof the Archbifhop %Ud.iih. \ 8./>. of Toledo , committed by the Inquifition there fix yeares iiiVvlnt^^^ before on an imputation of hcrefy, the Kings counfell ^adriii i(5o5. liked uot hc fhould alone examine that Prelate, without itb.6 in Vto joyning two Spaniards both in the procefle and fen- ^oiz!^^'^' tence. Neither did that State receive the Councell of Trent 1 564. by other auftority then the Kings onely, who by his edift of the 12. oi luly commanded the Cardinallsand others of his Clergy to obfervc it, with- out making any mention of the Pope. So that iu that Kingdome this Catholick Prince doth not take on him much Icfs over Ecclefiaflick Courts and caufes then the King oi Engl and, however he do not flyle himfclf Head of Chap.Vm. o/tleO'^^yc/jo/Enghnd. 147 of the Church. And therefore ' Sima.72ca ipcaking o^^^'^'^"'- ^'*- this Inquifition, plainly laycs, Ferdinand and iJubcUaJH- „ ", ' ' '** dtcn ordinem quo etidrn hodie uttmur magna ex parte tvjii- tuertint, Inlbmuch asifwcmcct it at any time termed the Pc^ri-C^«r/therc,itis,noqucftion,bLii: a nominall ap- pellation, of that IS neither (bbjeft to his rules , nor to follow his coinmands , but as another will. 15. But this Court in Spain , and other places con- forming themfclves much to the papall inrercfl, is be- come very infamous , things being carried in it, as wc rcadm /Monf^'^^ T/^c/zj excellent hil\orv,pr.f^o/?rr.z7«- [^'I^J'^-rf- aiciorum forma, contrx natnralem ^quitatem ^ U" omyrcm 1547. le([tttmurn ordinem, turrutiam wim^initas tormcnto- rum^ quib us pier urn que contra vent at cm , quicquid delcga- tisjudicibus libebat^k mtJ€rts& innocentibus reiSy ntfc cru- €tatib^(s cximerent, torqueb-itur. And Indeed the directi- ons Popes have fet them, do not agree I think with the praftifc of any (landingCourt of Jullicc the world ever faw: as that of ^ innocentius ^^^^ and** P/^^j 4'*^* that no f ^/)«^ Ey- man/liallknow the names either of his accufer or that '"'^"^""^^.'- rector. Inqui- tetlifies againft him , which x CamiUus Campegtus will [n.^^r, 2. p. not have communicated to thofe learned men th' Inqui- ^^^* ^ .. fitors fhall call to their affitlance in judgement. Ano- cmnutium therJ' oiPius 5^^, that no declaratory or definitive fen- cunificur.i tcnce in favour oftheacculed. though after a canonicall ivpna;!!,^ ^ux2^2l\on J pojje ftcere tranfitum in rern judicatar^t y but BirenonHm that they may ai2,ain proceed /7;» ^^/z;^//^^//i quim novi- ^^'^^P-^- terjupcr cijdtm articulis : which m efrccc is no other, but aflcrcrc a > thata manonceaccufed before them can never be freed. <^^o, q od Of a third of the ^ fimePope, that wholocver fhould jj^[^ '!Vt^^ ftrikeor terrify any belonging to the laid Office, (even proccflT s in- aNotaryorfervant)fhouldairi tany toefcapcimbezzle ^cgmiitcr V 2 any b s & cir- c.imft.mtiis publfcanduscfl CTT. Additiones ad cdp.j^. ZnnchinI p. loi.Kow^ 1^70. edit. y But- U Pii Uh cm jniuum In;cr multipliccs curai. du:. Kom^ 21. Pecemhr. \. I15 8.C. i+S (lAiiHiJloricall Vindication Chap.YTlI, any writings of char Courtjbefidesthcbcingby that Bull declared o^/^^/^^w^, fhouldbe guilty of rreafon, and lliffcr according as men found culpable in pnmo c/ipite di5^^xlegis,x\\Q\x. childrcnfubjecl to the paternall infamy, to be not onely incapable of iuccceding in the fathers inhe- ritance, but of receiving any legacy from friend or (Iran- gcr, oractainingany place of dignity whatfoever; and others of the like nature, too long to be infifted on. 14. Certain it will not be ealy (at lead romyundcr- ftandmg^ to prove thcfe proceedings of a CourtChri- ftian to agree With thofe rules and examples Chrift him- felf hath left us in holy Scripture : but the purfuing thefe Maximes, and the like, hath brought a great obloquy up- on this Court, fo as it iUield an undoubted truth , the Inquifition under the Spaniard hath an eye rather to *» empty the purfe, and is upholden more for temporall ui'ji- concii, ends, then CO cure the confcience. And to this purpofe diTrnt,^nh. it may not be here Unfitly rcmcmbred, that a Spamfh In- '^' ^^^' quifitor, employed by Fhilip the 2 . into Sictly, writes , it :: Paramo isfound amongft the records of that Kingdome, : : quoA ^uilit^iib ^' ^^^^^^^^ ^^ an?^o 1535. fun limitata feu fufpenfa jurifdi[ito r4/>. II. ». 17. t.mpor.xlU hytisfan^fi officii in aliquibus cafibiAS per invi" p. 303. Uifimum Carolu?n ^ ^^^falicis memortcC^jurifdi5fio fpiritH- alts caufirumfiiet fufit tnfafpenfoidrquafimortua : which I take no other then aconfeflfion , the Church, which it maintains, without the temporall power would fail and bKifpofJ^ad come to noughtjas indeed ^ Cardinall BelUrmine fome- pioy'ddPa- wherein effect confeffech, that to reftrain ecclefiaftick drci'aolop. jurifdidon to (piritualls, that pertain to the foul, is to *^* reduce itto nothing. 1 3 . But becaufe I am here entred upon this fining or confifcation ofthegoodsofaLay pcrfon by a fpirituall judge, on the conviaion( or rather imputation) ofHe- refy, it will not be amifs to fee how the Ecclefiafticks have gained that addition to the power left them by Chrifl 5 which is fo neccffary, as without it , that onely was Chap. Vlir. of the Qhurch of England. 1 19 wascommittcJto tlicm from him, which the ancient Fathers practise, would be as it were dead. Ir cannot be dcnyed, Princes d;d in former ti ues by their cdids im- pofe pecuniary penalties on fomc adions concerned relii^ion; lo did <^ rheodofi iS i()z.owW\^\ asdidordain cro,anJto make himfelf the more for- '^'^o^'^^''^- midable, interdided divine fcrvice through the King- dome (which is the firft experience the nation ever had ofthatcenfurej To this the Prior of S. k^'tguflincs rc- fufcd to yield obedience; and th' Archbifliop havir.g V 3 now ISO An Hiftoricall Vindication Chap. VI II. now made his peace with Stephen , got the fentencc iThorn, co/. confirmed fiom Romeh upon which * omnes fecuUres ° ' ^'^* h hot mon.tjlertofervientes^pr^ter ctnfuramecclefiafticami adgravem fecHm<£ redtmptionem, contra juris aquitatem U' f.inn:orum pAtrum decrtta^cocgt. On this complaint kT:\oxst, being made to the Pope, he writ unto him,^ Stent no- t^i^i 5 5- bisjignificatum ejlx homines ejufdem mon^Jiertt, pro parti- ctpAitone excommunicAtorum^ prater eccUJiaHicampcenAm fuerunt Ad redempttonem coiiuft\ and thereupon com- mands him, quatenus omniAquahAc ocQ fione Junt ets ab- UtAjine vexAttone reJtttuifACiAS .nolumus enim ut nova tn vejira ec cleft a indue antur 6cc. fo that certainly it did but ivef^eniiycd^. then begin to bud: & after 1 1 6o, o//^xrf«^^^ the s.'con- " demnstheuCe of the Archdeacons of Coventry , who ^ro corrigendis exee^.bus & crimintbus puniendis y k cleri* its O* Uicis pcenAm pecuniArtAm exigunt , affirming it Tee- med to proceed de rAdice cuptditAtis & avAritta : yet the m ^pud Ro- f^nie Pope in a »» CounceU at Rome 1179. appoints the dcn/o/. 3J4 goods of hcrcticks to bc confifcatcd , but gives not at all B.i.c^ con- anyauclority tothefpirituall judge in the execution of KomTcAp' 3. ^^5 ^"^ at the compiling oftheDecretalls by G'r^^or)' the p.^i.coi 1. 9. » that particular is omitted. n ve f^'^ereticii j j^ 3^^- ^^^ Jqj^^ ^^^^ InnocentiHS 3 , that vereflupor oHili. minor. mundt2iVidi immutAtor feculi, as® ^JMatthe'^ Pans ftyles ^nm (217. him, about rhe year 1200 p appointed the goods of Hc- Jlp!^o*^^* reticks under his jurifdidionfliould be confifcated , and Kf^//?. inno- out of It the like to be done by the fecular magiftrarc, cent.^.ith.i. uponpain ofEcclefiaftick ccnfures; adding from cer- ^Cod The- tain ^ imperial! conftitutions, that it being onely an afl: oA. de ficariis ofmcfcy, thit tlic chiidtcn of fuch as commit trea on /uft. T/ /e- have their hves fpared, when they loofe their goods,and gemiuiiim the crimc far greater to offend God then man, that the Tviaje^Ui^ fc Verity fliould uot givc fcaudall to the faithful!, in fce. fUii, ing children expoled to mifery for the parents offence, there being many cafes wherein according to the divine jufticcibnsmaylicpuniflitfortIicfatliersfauIt,wh,chhe leaves CO- Chap. VII I. o/t/jc Ojinch oJl^Aiirhnd. m leaves the Canonifts to juftify by th'cxamplcs ot chanaa?i, \hcc\\\\dvQn'm Sodom, oi ^^chan^c.:x^l do the reader to '' feekinthem. Biitit feems tomeanhatd i;la(s,froin '•Alphonfus prophcticklpeechesotthe primitive times, or extraor- ^„^,/^rft;ffl dinary examples, when God himielt directed v. hat he rum fumuone , would have done, for us now to conclude a pradife law- ' " ^' "^ \\' full contrary to exprcfle precept, Df//;.xxiv, 20. y^r.xxxi, jht.Cathoi. SO.Ez,ec/j. xviii, 20. made good likewile by theordina- 7^"'^"^''^'; ry /ufe of thofe times. Belides , I am not latisfied with fi„^Jlr.c6.rt, the reafon, that temporall Lords punifliing treafon with 5' 6.Vtdcst. the heirs loffe of Ertate, Herefy being an offence of the 6"o«%/o«.8. fame or a worfe nature againft the Divine Majefty, chil- [upruj. ro.4, drcn ouchtlo tofuffer ; Fordoubtleffe all treafon ai^ainl\ ^ ^ ^'">?' a Prince prefuppofeth malice to his perfon or govern- zChron.wy, ment,(and therefore we do not read that for meerly ca- <5. fuall misfortunes, fuch as 77rr^//j in Englmd , or UMon- gomeriesxYs. France, men have been io puniflu>' and for that they take away the offenders life upon the firft: fact, which th' Ecclefiaftick ' pardons : now qucftionleffe tDcH^ret. Herefy is out of an erroneous opinion the holder hath ^'^^'^' ofpleafingGod. iS. This oi l?i?joce7ifius ^^*^ I rake to be the fir ft pa- pall conftitution in the kind j yetfome 16. yeares before it, divers of feverall qualities being difcovered in that partofihcTs^therlands was then within the province of /?^/w.f,theArchb;fIiopandEarlof/'/^W^rj joyned in an cdi^ll, ^ tit deprehenJiince?idiotradL're/itPir,fub/hnti£ vero urhronhoH eorum facerdoti & principi re^igruirentur. After this in >^^"/f'>^^'''» * theCounccllofL.i/fr^« 1 2 1 5. under the fame Pore "^^ot.cditum it was again ci\.2ibi\{htyl^o/7adjwnar:rfiw [^dc hxreji'] (i Ui- adcjUfynSi- ciJuerint,confifc€?ztur'^ fi vero Clertct, Apflucntur cede- ^\."bLicfn- fiis a quiht<' Alionm, Kineyeares after which Fredertcus z^''^ pubhfln thole P- -'^' ""'"^"^ lawes at PW£?//.t, of which before, in whichhedidefpeci- ^conni. Lat. ally eftablifli the confifcation of their goods, and is the c^p.^^.c^de firft imperial! conftitution of that kindj which remain ^^f'^'^-^-"^- no 152 AnTTiJloricdll Fiudication Chap.VUl. y Eduntur k ^.^ whcuc HOW cHtirc fdvc ill fomc J paoall bulls, as of Franciico j / i Pcgna, ad H- I^^nocentitis 4. K^UxdKder the 4. and Clement the 4. as is nemDireaorii. notzd tn Glof.de H£ret. Cap. 18. />^ yZ'A'/(? ^^ verb, leges qiiafJam : yet fomepartof themarc now inferted into ^DcEpifco- :? the QoAq\o{ Itijl mi an ^ under the titles of o/;////7n 11 j 1 r ^'i Kion.^o^cnih' the Canon law, Biihops laboured to draw from tn Inquu 1. Pontifcar. fitors part of the profits thus diftnbuted; but i Benedt6i ^i/? Renr/di ^^^ 1 1. 13 0^ did abfokuely prohibit that , tanquam juri to.w.Anm abfonum,k^icx: which, becaufe (asitlcems ) the Clergy i297.n. 41. were not free from profecuting men onely for their e- tnfex'^oJp. ft'Ues, clement the 5'^ in the Councell o{ Vienna 1 3 1 1. i9.Wffdp. ftriftly ^ injoyned, nepratextu ojjicti Inqmfitionu , qm- '7^'^- ht4fvis nitn.ca^.i, hlnCUm, dc H^crcdcif cap. i. Chap. VIFI. of the Church ^/England* 1 5 5 bufvis modis tlLcith ab aliquibus pcct4?iiam extorqtiCdnt; and like wife , ne fciehter attentent ecclefiarum bon.iy oh cUricorum dcltcJumypradt^fi cccajione officii fifcoet i Am ec- clefi^Apflicnre\ changing what the Counccli oiL.itcrun had before cftabliflit. 20. Yet notwithftanding this grave admonition of the Pope, their Agents did not carry themfeh^es without fcandali HI this kind, by realbn of an ' oiitrn2;e anline »G!ovanni from a f'/-^/;^//^^;/ Inquihtor i 3 46. in Florence-, a Scruti- •'- *■ . 12. cap. ^7. ny was had othis adions, and found he had raifed from the Citizens 7000 florens of gold in two ycarcs , as com- pofitions, or fines, upon the imputation of Herefy , yet never leflc in the town ; but any erroneous or lefle cau- telous word was cenfurcd as criminall. This drew the Florentine to conform themfelvcs to the ufages of Peru- gia, Spam, and other parts, in making a law , no Inquifi- tor fliould condemn any Citizen or borderer pecuniari- ly, but if an hcretick , fend him to the fire. By which wc may gather, thefebulls were not generally received in the world; forthenin J'/^^/^ th'Ecclcfiaftick did not fine men, and now the King there hath the benefit of thofeconfifcations. In ^ Fr Anceihcy do not to this day y^Anefl deix impofcon the Laicks arncndvs pecuniar cs , but onely on 5^'"'^^<'^'*';- the Clergy, which mul\ be expended en aumofincs and riizy. inn. ouvres piroLiblcs, not to the enriching thcmfclves, &c. !"|.^ f-^^yetur Neither doth the wife Venetian permit confifcating of Lf«v7j d(s eftates to arifc from any fentence of theirs , but that is to hhertesdet'ef- devolve to the next heir. I do not here mention the ^^'J^ ^^'^^^'^^^ conrtitutionsof Boniface Archbilh.of Ct;;/. 1 260. nor of p. 1082. « Stratford 1 5 43. in this kind; bccaiife ofthefirft little rec- koning was made, and the lecond did onely refer to commutation of penance, which the law allowes ; he that would may find them in Lynd^t^ood lib. 3 .de ir/jmujii' tate eiclefiiUCdi^, Accidie, and lib. s -de peons cap. Eventt. 21. Ifany aska caufe , why the ancient Fathers did proceed with fo great lenity againft blafphemous here- X . ticks. 1 54 An Hijloricall Vindication Chap. V 1 II. /Auguft.E' ticks, as thc^m4r/^,2VV/?^r/ii^//,&c.\vhy,\vhen the' Em^ P?' <5S. pcrour would havepunirtit the furious Donatifts with a pccuniai-y muldt, the holy men of thole times fo earneft- ly interceded as to procure the rcmiflion.and did requite wAiiouft. their fury With fuch love 6c meelcneCre,»'astobeableto contr ' liier^i fay, HO One of them had payed what th' imperiall cdifts ^^^'/'r'^l' might challenge; when of late yeares men have been gj.' * brought to the tire, children expoled to miicry by the lofs of their parents eftates, even by Bifhops and other ofrhe Clergy, vvhofe opinions were neither fo blalphe- mous as the ^rr/^^^^, nor their comportments fo inhu- nxiKic^xit^^' mane as xhcDo^iattJls : why they preached, men » relap- ^.'so7ratcsX fed, even to a thoufand times, might yet live reconciled chrjfoftQyno jq ^ ^^ Church; whcu as now fuch as have renounced an ut. 19?^ * * opinion Rome czWs hcrcfy, being after found to hold it, 0 VfHretUii is o feculartjudiciojinc ulUfenttus audtentia rcLt.qucndus^ ^todemTJ^^A wh.chyetisnot obfervedifhebeaPrince, zswzs Henry in ycxto.' Si- the 4. or perhaps a private man out of their power: manca /«/?^9 byvertueof^ the law then made againft hereticks, the A 2. Hen. 4 hiftpriau is without peradventurc miftaken ,• for that Parliament, begun about the 20. /4;^/y^rK, ended the I o. yl/jr ou affaire en cefi Parliament qe font penalz, , ne tieg- nenthetine force devant le f(le de VC'itecofle prochin nje- nant , les que les en le mefme temps puiffmt ejlre proclamez: to which theaniwcr is,/^i?^;//^ voet.So that certainly he could not dye by that law, which was not to take effed till fo long after. 26. But I confcITe I did a little doubt of two particu- lars: 2. Hen. 4. «• 29 Chap. VIII. ofihe Qmrchof^n^:xnd. 157 lars: The one , whether by the comn-ioii Law a Lay mail eould be rem to the tire for any convict. on by the Eeclefiallick; for all tl^c undoubted precedents 1 have met with ( unlelle th it of the K^lbigcnfcs were other- Wire)wereof(bme Clerks, Within the pale oft heChurch, that were fo puniflic 5 and Braclo^i^ and I-Lt.i both ogrce, CUrici(^pofiati€ corhburantH^ whofe words being pe- nail, I concci^cA/hiclij'tns not to be conftrued by equi- ty. But uideed Fleta cllewhere i'peaks more generally, Chrifiixm K^p yfiata ^ dctreclari dthent & combitri ; and * ^ ^<^di n dc ^ Brttton oiAiifcreants fo to be ferved, without diftinfti- "'^f^'^'.^o^w J 'as the pfttitt on of the quality; with whom 5' Edi^Ard Cook concurs, detraftar-. Another thingi queftioned , whether any Bifhop with- ) ^-^^ 9 /c/. in his Diocefe alone could convidl one of hcrefy before 2. Hen, 4. cap. 1 5 . ( of which hereafter : ) for whatever the power ofthe Ordinary was , there is very little ex- ample of his putting it in exercife before the times of VVicklijf. 27. Who began toi)e taken noticeof about the eiid of £^'ft'4r^the 3. or ratherthe beginning of /^/r/?. the 2. in whofe dodrine , at Icaft that they fuhered on him, though there were good Corn, yet was it not without Tares. But when it grew common, and to be hcarkncd unto, the Prelats laboured to procure s a law, his Ma^^s g 5 • ^j^- .2- Commiffi )nsfhould be directed to the Sheriffs and o- "^' ^''^ ' ' ^' ther his Minifters, to arrejl allfrexchcrs^ their fautors dec, to hold t hem i/'iprifon, till they ii?jlljuflifi themf elves accor- dmg to redfcn.and the la'^^s ofthe holy Chanh, How this h 5 . X/c -. paltifhould beglad to learn; for notoncly ^ the printed f-9- i- ftatures, but ' the B.0II of arl^^ exprcflv mentions the I^."' ^'''^\ Gomnions agreeing to thofeAils, yet the. '.next meeting h4n port La- they do difclaim to have given any aflcat unto, it .,. .^lua '"* ^ K.c. 2. ne fi4rli u}to^r s affentu ne gra?^{e f.ir Ics cocs ^mts ce qe fuH ,- -Rot. Pari. pArld de ce fufi f.tn^ affent, de lour qc celuy e/tattft foit ojini- o^i>oei si. i'w//.'towh!chtheKmgsanrwcris,^/'/(y?4« /ioy: How it ^// 1 "J'Yj fcllp.utthislattcr Wis not counted an Ad, ^ S'' £dTk>drd kCookinft. X 3 Cook JP-^'- 158 AnHiJlorkall Vindication Chap.VIIL Cook hath fliew'd , which tells us why it paft again with- 1 I e^ 1. p. out oppofition in ^ Qii^ecn Maries daycs. 1 '\Vifli that c^T^.cdp.o. learned Gentleman had giveahlsopinion how the re- cord came to be lb faulty, as to affirm c a concurrence of the lower Houfc to that they never affentcd. 28. In King /i^?^. the 4^^$ time his fucceffour , that xniHert. 4. »" law paft, which greatly increafed the powder of the ap. 15. Ordinary, alloHoing him to imprtfon yfinc ^ determi?ie all cxufes ofherefy^ dc cor ding to the cammcall Decrees , l»nh- in three rnoneths : on which words Ganonicall Sandi- n -L^ yien.%. ous the Bifliops fo behaved themfelves , " That the mojl ca^. II. learried man of the rtalm^ diligent l'^ lying in H^ait upon him- felfy could not cfchue and a,voidthefime act and Canonicall S anciions yifhe fhouldhe examined u^ on Jach captious inter* rogatories a6 is and hath been accujiomed to he mini fired by the Ordinaries of this realm, in cafes Iphere they 'Yi^ill fu- fpeciofherefy &c. Upon which, if any did refufe obedi- oCookr»^^j^ ence x.o\\v^Diocefan in ought, « ^^^^ paying a legacy &c. 5.c^.5.F.42. there would be means found to bring him within the fu- fpicionofherefy. And certainly the proceeding of fomc Diocefans upon this ftatute gave quickly fcandall : for onely nine yeares after, we find the Commons petition, •/ Ko.'. ?<<> r . . ^^ pleafe a nrc foveraigne Seig' le Roy grantier^qefl afcun foil ouferra arrejle par force de /' ejiatutefait /' an de vofire regnefecondCi al requefle dcs Prelats & Clergie de vofire Roy aimed' Englcterre, qilpurra ejlre lefjeamainprife^ & fair eft pir gat ton f r anche me ntfa?iz.deflo urbane e d' afcun en mefme le Conte on il eU arrejlu^ O' qe tides arrefiesfoient defore en avantfaitz en due forme dcley , par Ics Vifcount, Mairs.Baillifs ou Conefidbles noflrc Stigif leRoy.fanz, vio* lent affray^ our force & armeSyCn depredation delcur hiens^ ou autre extortion ou injury e que.concque en celle affaire, J^uttothh, le Roy fcz-'oet entavifcr is all the anfwer gi- .•AValfing. ven. But whereas .'. VFalJingham fpeaks of thisParl'^- Ann9 1 410. ^5 infeded with Z£?//^r^,certainly to me there is no fuch ^/^"' . thing appcares in the Roll, but rather the contrary. But I confcflc 1 1 . Hen, 4. Chap. VIII. o/ihe Church o/Enghnd^ 159 confcflc I did think before that law of//. 4. no Bifhop in hisDiOv:clc, vvithoLit.i Provincial! Counccll, could have convidcd any man of h/f^/icfy , fo as to have cauicd hiwi been burnt; for mans hfc being a point of lo high con- cernment in the law, and herely l^iying To great an impu- tation on the party, it fecmcd not to mc probable , eve- ry angry Bifhop in his Court fliould alone have power of determining what was by the canonicall Sanations ib cftecmed, and whofe woudsor writings could admit no other fenle then hereticall; and with this it feemed to nie the pradicc did concur , for the Deacon burnt at Oxford iuffctcd after conviction in a Provincial! Synod ; and the conviclion o^VFilUam Sautry fhe w es plainly to have been after the fame manner, Pthe Writ running, pK^o^p^r/. Cum ve?ternbilts pater T\\om2^ 5cc. de coyjfinfu & ^tjfe?:-- f*^'^^* ^* ^'' fuy ac confiUo coipiJcoporu?nt ac coyifrcitrumfuffragAneorum fnorum, nee ?iontoum cleri Provi/iciAfujc , m co?iCilto fuo provi/iciiU congrtgato^juris ordine tr^ hac pirte requijito tn ommhus obfrijato &c. intimating ( as it leemed to me) iforherwife, the Order of law had not been obierved. And I did ever conceive this Law had increafed the Power of the Ordinary, as well in permitting him Hngty to purfue x\izcar2>o72ua[lSan^lons in convicting an heie- tick , as in fining and imprifonip.g of him; efpecially the ftatute ^ of O Af^r^ , that gave it life after the repeal q i e^^. ^-^ o{Htn, the 8, affirming , before fnehrtvt'v all the Or dma- ^'' ^'^^'^' ry d:d'^ii?it ,iucl$rity to proceed agiifijl thofe that l\)ere m- fecied^ith Hcrefy. But 1 have fince found , better opi- y Cook j«y?, nion it was otherwife. ^ "^ ^ •^ 29. After this 2. Hei^. sJ^l Parliament at Leicester isiAt.i.-iitn^ cnaci:ed,7'^d'Chancellour,Trearurer, Juftices ojthepeace^ 5- t^i ■ 7. Sheriffs, ^a.fnouldtake an O^th for destroying allmanntr of Here fies yComrfionly called l^o\\i^dnQ<,^ to be afsijitrit to the Ordinary therein^ Perfons conviCl of Here fy to loofe iheirfeefimplc lajid'^ luflicci of the Kings Bench, of the ^<^7i^Ca?idof h^iZZjtosa^Hire ofallhQldi?>gmy errours or hsrejus i6o (L^nHiJloric all Vindication Chap.VIlI, herefits as Lollards, thdr maip^tainers ^ receivers, [aw tors y^c. a?idfor that end a ih^ufe tobe'putinto the Com- miirions^/^Iuftice^/z^^f Peace -.jr/y^r^/w^^/? as the cog- j:iz,ince ofhtrefie, err ours , and LoUardries belonged to Itidgcs of holy Churchy and not to the fecnlar ahe inditement takenhy them not to he evidence y hut for information he-- forethe fpirituall fudge jinto'M^hofe hands the pcrfon fufpe- ^ed to bedeliveredlvithin ten dayes after his enditement \ every man empanelled in the Enquejifor the try all of them tohaveinY.n2).2.W(i <^ pounds ^ in W^zlcs forty Jhillings in land by they ear &iQ, Which three lawes were each re- pealed by //^;;. the S^^^or £"^. the6.andagainreftored by Q^//.«ry, under whom, by vertue-of them, had inleffe then three yeares'becnfpoyled for religion more Chrifti- anbloudofher fiibjeds, then in any Princes reign fince Lucius, 30. Things (landing thus when Queen Eli:^abeth came to the Crown, the Ecclefiaftick auftority exerci- fed at home and abroad with rigour and aufterity, rather thenChriftian mildncfTejftill to permit that,was the con- tinuing a fire to confume her people, and yet for every one to think and do without controule what him liftt was to let loofc all reins ofgovernmenr, to leave open a door for fedition to difquiet her Kingdome, and the Commonwealth perhaps not to be ever in peace: her Ma^y therefore took a middle way to agree with the pri- mitive times, and yet not let every profane humor di(^ tsut.i.EU:^. ^^j.|^ ^^^ Church, by ^ eredinga Court with power to vift^reformy redreffe. order y correal and amend all fuch errourSy herefies^fchifmes &c. l»hichby anyfpirituallor ec- cle(larHc all ponder, authority, or jurifdiBion can or may la'^- fully be reformed, ordered^ redre[pd , corrected , rejl rained or ame?zded'^ yet rcftraining them from adjudging any thing to be herefy, that had notbecn heretofore adjudg- ed fuch by theplamlvords of the canontcall Scriptures , or by anyone of the first four gencr all Councells, or by any other gc?Hrall Chap. VI II. oftl e Ootirch ^England. i6i gcncrnllCounccil, '^htri i?i t!)e fame IVM declared hercfy by the cxprcfjea/idpLitn frords oj the canonic all Jcrtpiure , or thatjhotild hereafter hj the Parliament Ivtth the ajfent of the Convocat.on tkc. From whence cirifctli a qucftion of fomc intricacic, how it: came to palTcthofc times fpakc with lb great rub- million to the fotir firft general! Councells.and yet fo re- (Irained the other, without expreillng which they were, nor any other particular concerning them. For the ibiuti • onofwhich,wcaretoknow,thorehavcbeen ever looked on by the Cathohck Church with more reverence then any other that ever yet w^ere held. The ^ Emperour uKov?/. lufltnian 541 . declared which they were , and that he \'^:^^''f' did receive eartfr'o mini- thofc which the Popes called as P^/m7'r/7^of the Weft j t^nttr."*^^ Nvhich jDiccto conceives were properly gcnerall ^ the rite of I frent (3 Chap.VlII. oftheU:t4rchof^n^:{nd. 163 of former times was, never to fend hence more then four BilLops unto them i which when it came in queftion I 7<).S Epifcopi AngHx cojiJlAutcr afferu€YH7it , q^iioA ad /I-^ovcdcu 'ntrxle concilium Dom. Papx quAtuor Epijcopi de Anglia cV tantHmY^oVLi:i\Ximittitidi[uni\ which is fo full a tefti- niony of his having no nbfolutc power over our Biiliops, not fo much as to caufcthcm meet incouncell, as there cannot well bea greater; and therefore when he impo- fed the oath [ of' which before) on them , one claufc tO;. 3. n. was, Fo cat lis ad Sytjodum I'eniam ^ 7ijji prjipcditits fucro ^°^5^- oDiontca fr£peditio?ze. Yet in after Ages the going thither did onely remain at the Princes plcafurc, « who gave ura? seid them ^auCtonty co?i/e?7Uendij &, Ji opus fuerity diffenttcn' '^^E^dmer. di his cj^Hx juxta dcliheratio'acm di^i conciiu inihijlatui& UrchiyufQ- or dinar tconttgcrtt. All which 1 have fpoke of generall tefJajem com- Councells, that the Reader may know, when he meets ^!i^^o^y^~ rhatphrafe inany author, he is not neccfiarily to con- aLnte^efienL elude him to have conceived an obligation of follow- ^^^^'|!« ^"i^- ing whatever they faid, nor that he held it to have been voidofErrourjforitis unqueftionable, they and we give the name to fuch Synods as were cfteemed full of im- pcrfeclions, far from that freedome ought to be in Ge- nerall Councells ^ to whofc Canons they did not hold themfelvestyed. 34. But becaufe in thefe cafes examples of former times do more convince mens judgements, then prefent affirmations, to give fomeinftances,notof other then offuch as have been ^lately printed, and with thattitle, ^'i^oSc:^ at Rome-, as the Councell oiVumia 1311. which by : .Gif .^.^G^laf^crus hurr^cnfis^\^\\o lived about that time, is noted to have Hcmingford been nothing Icflc then a free Councell: the book is ^^f^^^^^**!"-- not printed, I will give you the whole therefore as I find it in him. Dom't?ms P/i/>^ Clemens tenuit concilium fuum Vien- nae A-ano Dom. Mcccxi. primo die men/is Octobris; i/i quo (^uidcr?i conciliotres (ecttfefiones, Y 2 I. Lz 164- «;inall Cfiap.VIII. of the {^/;^rf/?^ England. 165 ginall note a2;ainft them in'* the edition of //.7;;.z> 1605. -,,», « ,^ hath given an occafion of miftakc , which fhouldhavc been placed five lines lower , asitisin (iwx."^ o{ London */'.i)r, ij. 1572. for that he there fpeaksof the prelats borrowing to fatisfy the papall avarice, is as Archbifiiop Parker , or vvhofocver elfecompofed thofe lives , thus delivered in ^ Hiftoria minori i Tunc autern ternporis foluturn efl \ ^}^^' ^*"'^* concUtum generate : Papa "vero prxlatis pete?itibi^s licen- j\^r p.172. tiam repatriaudi minime concejsit ^ tmmo a Jingulis auxi- c^joLt6ft^e dium m pecunia foJiuUvit ^ quam reccjfuri cum viaticis nl'll_^l'vids cogebanttir h Mercatortbu^s curiit Romanx duns conditio- Mbatum >i- nibusmutuare i & fic cumhenediciione papali ad propria '^^^^K^-^^^* remearunt ---- per idem tcmpus injiantefejio Pafchalt^^Q. 36. This I have the rather tranfcribcd , becaufefomc arc of opinion that Gouncell ended 1215; which cer- tainly it did not till towards Ealler the year following; and then too abruptly ,thc Pope called away on afiid- dain for appeafing the wars growing in Z/^/)' , the 16 In- ly 1 2 16. dyed: which makes it without either time when it began or ended, nothing being fully concluded but th' expedition againft the Sarazins , for the recovery of the Holy land. Of this I have made the more particular mention , for that having givenadvertifemcnt of itto Doftor K/^//(who hath with great (incerityand judg- ment put out Ol^af. Pans, J that he might clear thcArch- bifliop hi his K^dverfarits , I know not by what fate he applies his note to pag. 13 8, 5. which rcferrs to the Councell held there by f^iexander&iQ 3.11 79. when it fhould have been to pag. 2 72 . or pag. 2 74. 6. and thinks he called the lives of the Abbots the Hifloria minor-, who \ ^ , -* See the pY4* lam perfwaded ^ never faw that book , but did v/rite /u^^ /oMat. candidly w hat he found in Hi si or la mi?iori. \Vc({ p^g. 5 . }j. But that this Councell w^as never received gene- dcGmiTin° ' rally here is manifcft, in that divers Canons in it were Trinitatc^c notofforceini:>/^/^;;^,asthc3, the 41, the 46, to which jj^^^^^p ^j^. Imay addc the very firft; for though *-' Pcckha?n GGyc^iis tifjimtts. Y ^ afu:r. i66 An Hijloricall Vindication Chap. Vlli. after did ii-iakc a conftitution in that point ; yet he did, to my undciilanding , not (peak of Chriils prefenccinthe Eucharill foguoilely, nor determine it to be by Tranfub- ftantiation , as the tirft chapter of the other doth : but of aibid.(/fp^- that hereafter. And wholbcver fliail pcrufc <^ Sir?2on ^reZj'im^ui- 'Si^dhii^ncs conftitutions 1 3 73 touching confeiVion , will find fo much variation from ihc 2 i chapter of that Sy- nod 5 as he cannot think he took that for a rule not to be c V)e cupodu varied from. To which 1 may adde,that e Peckham pro- Biicbmit. videsthepunifliment of the negligent conferver of the holy Sacrament to bzfecundum regulam conciltigenera' lis , meaning the 20^^ chapter of this I fpeak of 5 which had it been of force othcrwife , he had no doubt com- manded the due obfervance of it , not by his command added ftrength to the rule there given.It is true, Stephen /Mat. Talis La?jgton , to ingratiate himfelf with i?ow^ (whom he had jjtfl.minor. fo much difplcafed , as /the Pope intended to remove ^mio 1 zi6. j^i |- j^-^ Archbiflioprick on the Kinss defire , but § Barones, rv t P.172.C0/.2. ftopton theintercemonoftheGourt , and his being a Cardinall)did at the end of his Synod at Oxford izzz -'.Which coun- gj^JQyj^ ^hg Councell .-.oi Later an held under Pope Inno- ihis tpas, is ce?u,in the paymg or Ty thes and other litigious ^ caules, tiiicmuinywhe' tobe obfervcd, Cv" in Synod fs epifcopalibus cor/JIitutrones jnnacmius i. ^^^^^s conctlti^ uno, cum tjiis sprout videbitur expcdire, {^ex- or this by Jn- po^J voltimus & vecitan : ] which lafl: words Binitts hath >mentius I chauGied , I kuow not on what auftority , to volumus oh- but wo I likely z> J ' that under Jn- Jervari , when queftionleflc th' Englifh took them for nocent I at advifc, notaprcccpt : and their little regard of them ap- Zl^s prefect pcars by the particulars mentioned . Neither doth Lynd- "BininsjeAds, ^Wmakc any mcntiou ofthis part , though he have, I Scaiiis capi- think, all the reft were agreed there.'6c is itrclfaltOf;cther tulis , thcri-hy ^ ^ adding ' Omitted in fome old copies of that Councel I have feen; Prengtjy to qUC tyfry ch.xpcf oj thxt Connccll'.tvhen certain the reddivg flponld he, according to Ancient cofiesj'nx prctftatlonc Dc- cimariim & .iliis cauHs, referring oncly to what pafl there touching Tythes , and the f.xyment of them by the Cificriixn order ^jor land acquired after that timCy which feveval! ^ds ofl arl.confrmei ^j^f'r wards, ^sjor the other conflitrf lions there propounded y he after gives the rule with what cuti- lion I'-eji ivere to be expounded and rccited^asthey shQ'tldbe hdd expedient) and tjot otherwtfe^ Chap. Vin. of the Church o/England* \67 one of which is joyned with the Mfs. Annals oi Bnrto?z AbbyinS^ Thomas Cot tonslL'ibiuy . But theAdsofthis Coiinccll being , with divers others , printed at the end of the contlitutions o^ Otho and Othobo?j>'M Paris 1 504, andlince by Bi?ntts transferred into his third tome the Iccond part, this is alledged by foniemcn , as if what pad at L/^/^r^/ij had been of undoubted vaUdity withus i when no queftion, what was done there hath never been taken here as the decrees of a generall Councell , Hkc~ thatof A7r^or 6cc. butoi I n?7occnttu s 3"% as they ftand: in the Decrctalls ("compiled by Gregory the9<^ his Ne- phew) with this title, Innocentius -^j.in Condlio Later a,- ne?tji , as thofe by him propounded, but not fully con- cluded in councell , according 10 riuma , and from which this Church varied as occafion ferved. Yetifany (hall infift this conclufion of 1222. to have been of greater vaUdity then I fpcak, I muft adde , that if it really were made with fuch an intent by the Ecclefiafticks , it cannot bethought to have obliged us more then that declaration of the Bifliops 16 15 did the French ; who 5 \\2i\'m^mcure?ncMt delibere fttr la publication du concile apret^es des de T rente , out unaniment recogntt dr declare , & re- jj'^l^Vr ^ sogmijfent & declare fit , eftre obltgcz. par leur devoir , & Fmci^.^z.^l. confcicnce^a reccvoir.come de fait ils ont rcceuC rccoivent^ le kit conciL% & promettent I'obferver cntant cj^uils pttiveitt parlcursfoy;Bions, & au^lorttefpiritucUj & pafiorele^ and caufcd the fame to be printed. Yet that of JVf^;/ had ne- ver validity in F^a^tce,noi' the other in England, x^qtwi^h"- flanding what thus pafl: the Clergy/ ' 38. Neither was that other Councell of Z^/^/.t;/ un- der/;i;?^(^w//^/ 2. ever received here : though the Pope there ^ inJ/g?^em/acrorum Vecretoru^n text urn co'r?^eftt, h Ordericus^ yet nt/n/s abundafii per univerfum orbcm nequttia terriae- VitaJiS hb: fiArum corUa contr4 ecclejtaftica Jcita obduravit ; Irom whence it proceeded , that when they were divulged tiiey didnogood, ^Hor/iam a prryjcipibus & optimatibus re'7rin^- I68 fol. 166. b. k A pud Gra- tian. cAuf.ij- q. 1 . cap, 40- I Ci-ol Cir lib. 7. cip. con fiie rations tdkugenittm, lib. 3. cap. 2. I Con«r^*». 1611. (tJn Hijioricall VmdtcMion Chap. VI 11. rcgnorum . c urn fabjeRis plebibtiS ,pdyvi pcnfafunt. Now that it was never received here appears, (befidcs this tcftimony) in that the marriage of a profcllcd Nun was ' adjudged valid, contrary to the 7. Canon of it, and that too afccr it was regiftred in the ^ Canon Law : which fliews, this Church did neither admit the Canons offorreign Councells,nor the Canon Law itfclftoalter their ancient cuftomes^ as is farther manifeft by the fta- tute of Merton cap. 9. Neither was the Councell of ^4r^/i-ever allowed in EngUnd , as is manifeft by what before of Appcals,which yetby theCapitularsofiC/?^^^ the great and Ludovicus Pius was even in that particular in France-^ which made ^ S^ Bernardwntc of them, i?^ muUas pojfe eas dev€nireper?nciemj (inon fummo [ mode- Y amine aEiitentur : K^ppelUtur de toto mundo ad /^] id qnidem 6cc, for fo the place is to be read, as I have ieen in two very good Mfs, and one late printed, not as in the former editions of him , as at Pans 1 5S6. By thefc precedents the Reader may judge how neccffaty it was for the Parliament to make a diftinclion of Councells. Now in thefc, with fundry of as doubtfull credit , being of late ^ printed at i?^;^?^, as if they were of equall value with the tirftj have thoughtfit to inftance. And here ha- ving made mention oirecetvmg Councells^^^iS if that added ftrength unto them, it will be neceOfary to fay fomething of that too, for the fuller clearing ofthis Church. 3 9. The Apoftles as they fliewed a pattern for ^ hold- ing Councells to fettle difputes amongft Chnftians 5 fo Faul2indSi/as in their travells delivering the "Decrees by them ordained to be kept by fcvcrall Churches, fliew'dit to be rcafonable, fuch as were abfent fliould receive what was done in any Synod, before they were obliged by it; and accordingly, in the primitive times, thofc were notprefent atthe holding a fynod, had the rcfultsfent or brought unto them after the conclufion taken, who did in their own Churches fublcribe (find- ing Chap.VlII. oftbc Omrch of EnQ]..\nd. 169 ing thcai juft aad pious ) wlut the oihcrs had iji CoLinccllngrecd upon, and then icpolcd them amongll their Records, called by S' Hterom ° Scrt.na p'.thlira, he o nicMon.ji- cU'fi.trfsmarc^^c. So P Cecilur: , bcinu; preicnt at JV/a', ')''l''' ^'''^'' brought to C/tr/>b.r<^r the Decrees there eo'-Kludcd, who jy^ ^2. a. fubmitted unto them; and 1 S. K_A.h^?tajius of that /um;-. j4. Counccll faycs , Huic Concdio umverjus oruis iijjt;nfiim ^Cirh',r cap. 9, pr^b.'tifj cr cjua'/jqti.im rnnlt.^ habitat fnnt Sy-iodty huj s to. q iiitii. ad men omncs funt memoreSy tuynpcr Dahnatiam , D irdaiii '^ 1"'^'^^ ''■'^'" am, aitifq-., infuUs ,^\z\\\v^^^-.mz Xy^^^, ^ Icon^ii.oetf. bttt wa'rTiC : rztuju 5. ^i^}.iffa *i tV J.x-'i^t:<} (r.'9',S(^ ctTrtg-eiXi f^ ti^! iii? //.« j/Im- p. 64. C. T*K xjTVi>x^y Ti o^oAwtnx sTi TAvTrt. which 1 Engltfh thus; Oilus the Bijhop (iibfrib^d.andfo did th", reft. Trjtfj thif'tgs be- ing copied otit, the Sy,iod:n Sardisy?;iJ/ io thofe could not be pre/eJ.^lv'uo'^.re of the fxme miud'^ th Ivhxt hid bee» determined of thofe fubfAib difi the Synod -^ and of i he o- ther Bijhops thefe are the ?inmcs . ,.^40. After which ^ o(_^^r ought to prejudice the. :/rr/^;?, nor that held //A.^. cap. 14. at K^nminum hmjfcdutnfque commumhus teHibtiS , res to.6.yideeiiam cum re, caufa cum cxufxy ratio cum ratione concertct. And ^/^<- ^^\, j^" <^ St. HiLxry, comparing two Councclls , one of 80. Bi- to. 7. (hops which rcfufed the word i^/cr,:, , with that ofA7V^ cveynod^ which received ii, iaycsyj/co^trana invlcimfenferunt, de- ria..os propc hemt4S quajijudices probare meliora: (o not onely taking /«<'wf24i. from them all infallibility, but allowing others to judge oftheir doings, before they fnbmitted unto their dcter- niinations. And this hath been the fo conftant obfervance in all times as no age ever held the Z,7//;? obliged by the Gre- r/4« Synods which they have not received^ nciiher doth the Greek(Z\\i\xc\\ to this day hold themfelves tyed by the determinations o^florencCyOx to the many other of t he/-4- tin touching the proccffian ofthe holy Ghofl:,and other points in d.ircrcncc, to which they have notfubmitted. 43. Butfor that the Aclis ofCouncells, without tem- poral] aiiclority to inforcc the obfervance of ihcm, were no other then pcrfuafivc, Princes (either on the incita- tionof their Bfliops , or convinced ofthe juftncHc and piety of vv'hat had paft in thole Ecclcfiaftick Aflcmblics) Z 2 did 172 An Hijloricall Vindication Chap. VIII. did often by thciiicttcrs exhort , or by their laws com- mand the obrervanccofwhatrcfulted from thcm.SoC(?«- Jlnntirie, after the Counccll ^{Nice , wrote that letter re- dSocrat. //$. mains recorded in ^Socrates and jhcodoret to (ome ab- Thcodor.//!', i^'^t Chiuchcs , for their admitting the refolutions of it : i.c*jp.io. in which he tells them he had undertook that what the Romans had ah*cady , acr-uWc '^■ny^ it iVm'ejt . ^1^^^^ their judameiit li^culd Iv'tllhzly receive. ^ And Gra- cahoUen. 5. rit'f2, VdcrittnLm^ Ttjcodojifis did m the year 3 S i . by their c^dcH^ret. rc(cripisc(lr;blifluhe fame Counccll, as / It//li^:anby the /fj.;i.' law before mentioned did all the four firft; which 1 take "^To.s.in tobethc fame "^ S^ o/^^«///;; calls h^fcrting them ^^7/V ^M'^7- proconfidariltis, 44. Of later times Popes, havingbyfeverall arts ac- quired the greateftpartof Epifcopali power to be de- volvedtothem, have likcwile claimed it as a right be- longing to the Papacy, notonelyto callCouncels, btit to determdnc which are generall, who are to vote in • Pellarm. ie tlicm ; and therefore S though properly, have not lb cnfily parted with thcfc rights: for the State of /'rj;y.'f ,not\vithllanding the many follicitarions of Pope, from abroad, and their Clergy at home , hath not hitherto been induced to approve what was determined at TVca/Zj however you lliall iiardly meet With any of the Roman party, but he w ill tell you that the points of faith there agreed i.pon,are received in Irrace^ but not of manners , and government: which is in a kind true, vet contains a notable fallacy ; for tliencclefiallicks ofrhatkingdom finding the difficulty of procuring that Councell to pafTe , have in their provincial Synods, f^^oc^clllus " conlpiratione q:iaa.imyVerna in qutque Dtaceji cogenai rin-MiQ. Synodosimpctrata , inferted the greareil part ofthedoclii- nall points of it into thofeCouaccU^; fo that it is truth, they are indeed therereceived,yetnot for that they were concluded upon mTrcaty butbecaufe Epifcopall Coun- cells have each in their Diocefes eftabliflit what they, could perfwade nee regtbus, necfupre?nis Parlnmentortdm cur its J ut Syncdi iHius Qoinoncstn acfa fua rcfcrrcnt , d" ohfcrvxndos ptihlicarent. Neither hath the Councell of FloYe'riceMvAziEuz^niHS x^^^-^oioi L{ittrAn\\^^h [^[ large, for that Ciw^^;?reems to think, what the Abbot France ///y?. of J'fJ'4^'/^«r propounded was not in writing, and be- ^o»cil.Trid. caufc it being printed feven years before the Cardinall and of whom Moron a^ death, by whofe privity (as Proteftor ofthe En- mention is git/h) this negotiation part , without any contradiction J^^ifg/clrJ/- li[om Romey there can no doubt be made of the truth of »4.7rooJc, it. AndalTuredly, fome who have convcniency and lei- fure may find more of it then hath been yet divulged: for I no way believe the Bifliop of 7'^^/;;r^^e'r would have been induced to write, \t did con/fare oi Pau/us ^^^^ '^ nor the Queen her fclf, and divers othersof thofe times, per- fons of honour and worth , (with fome of which I my fclf have fpokcnj have affirmed it for an undoubted A a truth. jjS ^^^ H}JloricaIl Vindtcatwn Chap. IX truth, did not fomcAvhat more remain (^or at lead had formerly been) then a fingle letter of P///i 4t"s ^ which ap- parently had reference to matters then of greater priva- cy. AndhcreIholditnotun\vorthya place , thatlmy fclftalking fometime with an Italian gentleman (verft in publick affairs) of this offer from the Pope , he made much fcriipleofbclievingitjbutitbcingin a place where books were at hand , I fhew'd him on what ground I fpake, and asked him ifhe thought men could be Devils, to write fuch an odious lie, had it not been fo. WelKJzys he) if this i^ere heard m Rome amongYi religious men , it ^ould never gaiu credit j but ivith fuch as have in their hands the Maneggl della corte, ( for that was his cxpref- fion) /'/ ma>y be held true. 6. Indeedjthc former author dorh not exprefle, (as perhaps then not fo fit to be publiflit) the particulars thofe articles did contain were writ with the AlDbots own hand 5 (which later pens have divulged) but that , in ge- nerall, itfhouldbe any thing lay in the Popes power, on her acknowledging his primacy : and certain no other could by him have been propounded to her , nor by her with honour accepted , then that of his allowing the Englijio J A tm-2,y : fo that they who agree he did by his Agent (according to his letter) makepropofitions unto her , muft inftancc in (bmc particulars , not diflionorablc to her felf and Kingdom to accept, or allow what thefe writers affirm to have been them . And I have fcen and heard weighty confiderations, why her Majcfly could not admit her own reformation from Rop/;c ; Ibmc with reference to this Churchathome, as that it had been a tacite acknowledgment it could not have reformed it felf, whichhadbccn contrary to all former precedents; others to the State of Ghriftcndom as it then Hood in Scotland, Germany , and France : but v/ith this I have not- took upon me to meddle here. 7. Yet wJuuthc Queen did upon this melTage, fcems to. chap. IX of the Church ^/^England. I79 tohavccrivcnnovcry ill Qtisfaclionjtbr^S'^£^'ii^. C/7r;^^, iNifl.concH. } ' .^ I -i' J I r» } r • • Trident. ^nn9 thcninKome , advilcd the Pope the lame year to invite 1^00.^.446. her to the Gouncell of Trc?u , promiiing him half the Kingdom with hci* own likiniz; would ucceive hismcf- fen get' 5 which yet was found othcrwilc : the rcalbns whyjareibme touchtby Hiftorians, and may more at large be fcen mS"^ Nicholas Throgmortons negotiations, then her Ambafladou mFr.vicc. Certainly^ the />^;;r^ ki^.p. 5:2, W'erenot altogether out of an opinion (or atlcall would i'-sii'- haveitthought lb) ofherfcndmg tothc Synodj which the Pope, however he invited her , was not a little trou- bled at. But the great combination of the Popifh par- ty , fupported by ty^nce agahift England^ made her lee ilie could expccl no good where they were predomi- nant : upon which flie caufed the divines of her King- dom in counceii toconfiderof ajuft andlawfull refor- mation ; who meeting 1562, reviving the Ads of a Synod held at Loiidon ten years before under £^.the 6^^^ , and explaining fome few exprcfrions,and omitting fome points rather ofdifpute then faith , did conclude on 3 9 articles fojuft , fomodcrate, fo fully agreeing with the doctrine ofthe primitive fathers, and with the ancient tenets and praftife of this very Church in the times of the Britons and Saxons , as if any fhall fay no Clergy in any age or place have held out a more exadl rule , he may be eafilyer contradi£led,then juftly blamed, or con- futed. 8. Forhavinglaldtheir ground, /^4/ ^ holy Scripture \^rt.orJhtppmg & adoration of Images ^ relic ksy Invocation of Saints, &c. /j not Ti^arrantedhy Scri- pure, that is, are no articles of faith : and then proceed to fettle fuch other th\n^szs 2ive juris poftivi, withfojuft a moderation, as is hardly elfewhere to be found ; chan- ging nothing for the generall. but where the praftice of their own anceftors did juftity their doings, without at all extending themfelves to any thing where they had not antiquity their warrant. 9. Following which, they reftored the cup, having t^Apud Oi- the Councell of C/^rw(?;?/ under Frl?an the 2 , that^ Cor- ^T^"!!J««r fi*^^o^^^^^^^^fi^g^i^f^g^^^^^^ accipiantur, the com- 1095. ^7^o. mand of** Pafchalis the 2 . and the pradice of the English a- , Church, where fickly people, women as well as men, to. I z. Anno were to be provided of a pipe to receive it by-, as was iiis. u.2.irt ^cxprefly injoyned the order of the Gilberttnes about "^^endice ^2 00.The thing being already printed,! need here repeat \> statuta Gil' Homorc, but oncly add , that this permiflion of theirs bertinorum ^y^g ^^ Other but a teftoring to minor es ecclcjias , that is ^^fer- j^ajorihuSy lice at non celcbrantibus dum communicant red- ccclcfus. perefangmr/em Chrtfti in fpecie vim ? vidctur ex hac lite- ra, quodfc^rgumentoftmpto a contr ario fcnfu,c[uod efi m jure for tifimum, ut &c. & hoc bene putarcm verum^ fait em quoad mmijirantcs facer dot i mimfiranti &:c . rAntiqttit. ^Q For the permitting of Matrimony to*thc Clergy, lo^.TnLan-' ^^ ^^ undoubtcd all here had the liberty of marrying , be- franciyita. forc 'Lanfrank in a Counccll at VForceFler 1076. did ra- /Hunr./o/. ^j^^j. advifc then Command thc contrarv ; whichHun- 217, 1). 20. •'' tr a. 10. tin^ton{viho was himfclf thc/fon of one in holy ordersj fayes Chap. IX. of the Oourch of England I8i faycs was firft prohibited by ^^nfelm 1 1 02. But ' multi ' Eadmcr.f. presbyterorumJiAtt^taConctla Londo^ticnjis pofl- foncntes ^fuAsfixminas retinebint ^ aut certe dux(ra?it quas trius non habtbant 6cc. lb that his conftitiuions came quickly ncgleftcd, Priclls both marrying , and retaining their wives. At which though the King were fomc. wEadmer.^. whatdirplcafedjyetfoon after* he took apiece of mo- ^°i''^'., ney of them for it, and they kept them by his leave. Di- i.o,a. 26. vers conftitutions were after made by feverall Archbi- ^'^^on. chron. fhopsand Legatsinthepoint,as by Steph.Langtonzt Ox- ^^^^ «''5-^;- ford 1222, regiftred by y Lyndivood: : . yet it is manifeft > Dc cohabi- they did fccretly contrafl: marriage, wliich fome are of "^'^^,.^^1^^] opinion they continued till to wards the end of £^ii?^rrf crum,cr'dc the 3 '^^ reign .This I am the rather induced to believe out ciciicis coa- oiihdiX.'m'^Knighton^rh^iX ':Iohn de^^lithli^irlCi^xk was '"^co«/?rr. (lain by his wife and fervantin his ownhoufeat Leicefler Ct'onncA^, 1344. forwhichfaclfhcwas burnt, andhehanged. Now ^'^^^^^'^'^3. I conceive, had fhe been onely his concubine, not his ^.ciericus* fervant,(hehadnot fuffer'd by the judgement of burn- ^pud Lmf ingfor themurther, but hanging onely : neither can I -^'cZltrewhi' interpret the word cAr/i:/^/ for other then one in holy ther this were Orders, prohibited marriage by the Canons of Rome-, ThTtownihlt l\\on^hlknoWi large loquendo,2iS oui^ Lyridli^3od\\dii\\\X^ wat thusmha- omnesin Lcclejiaad diutnum ojfinum ordmati 2i\:c fome- ^'""^^^f''^- times fo ftyled, ^ of which (uch as were tnfra fubdhicona- ^ condudo, ///;;? mi eht retain their wives, but thofe wcicm fubdiaco- c^p.vendcn- / c ' z?^/«orabove were to quit ihem. But the Canons yet l"'77.,!,,!e remaining made at fundry times, from Lan frank even to h Lynd. de C/^/cA/y, by thcfpace ofmorcthen 300 yeares, enoudi ^-"'^^ ""'^'*' allure US this point or C^//^^/ was not caiuy impoled on ^yid^ Monalii- the f^/^///ib Clergy, and afiTurcs us fuch. as laid it might cum ^rpjia- take it off again. -7^^^'- I h. For Images, ifthe Saxons had any ufc at all of them in their Churches (for ornament , for hiftory, ^ lO c Greg W.t. which end S. 6'r^^(?r^ holds they might be permitted, for ^[^'^^- '^°^j ^^ mcmoriallsofholy men departed, (as w^c have of Lite iLa 3 fccn) 182 An Hijloricall Vindication Chap. IX. ^midwl '^ ^^^^^ ^ ^^^^^ ^^^"S only thus applycd, I conceive, c/ with 14. infuml t'^cBiihopof J'4//j^/if^7, the weight ofthequeftion not fo ^■ff. great,) ycr it was a thing voluntary, no command of the ChuLchcs injoyningit , till after the Conqucft. And hcie the qucliion is not, whether K^ugufiinc might or did bring the pidure of our Saviours Croflc in his ban- ner, as moft Proteftants yet retain it; but whether he placed them in the Church, with an intent to have worfhip of any kind attributed unto them: for v.'hichpurpofe, I confefle, I have not heard of them till many yeares after; forthc vifion of £^7)'/;^^'/ , and the Counccll of Z(?W^;^ fetting up of images being made good ( fo far as I know ) by no author of any antiquity, cTo.t.Anm 1 Cannot but take it ^ WMth i?,i^r^;;///i for a meer figment. 714. Yl. Z. ^ /Simeon ' i2.Itis certain/792 the Bifliops of £//^/-t;^<^decIa- Djnclm, f«/. red their diffent from the fccond Councell of 2^^/.-^ in Boycden point of Imagcs, held onely 4 yeares before , according fol 27,2. b.j. iOoDiceto: and where fome interpret that they did one - Aiat.Weft. jy condemn the worihip the Greeks call >.*7f«*, by ufinff Anno 791' P- i r ir • ijiii 2gj. the Latm word aaor^re ; it cannot be dcnyed but they g Anno 788. did rejedthat/^ ^imruh ^^o-yjjy,7jy the Orientall Biiliops had ^anlojlTmi. cft'i^liflicd, in which fcufc they ufed the w o\:d adorare y p.w.io.58. which isoften ,aswellin holy writ as by humane aiT- h Coned. gen. thors, taken for that revcrcnce is Giivcn a crcatutc , asfor J^m. Synod. , ;. . , , i t^- • > r • n /- 7.p.66j, //». the religious duty we only owe to the DivmeMajelty:(ec «lt' Gc'rz. xx'iii, 7, 12. ingulphus y a Writer not loiTg after, wilnguiph. *»Conftantinopolim fervcnimus , ubi hlc^dvaimpcratO" 17. ^^^'^' rem ador antes (5cc.So Arundell'va his conftitutionS;^ a^o- " Lyndwood rationcm cruets glortofa, NuJiurqiro- 1 3 .To this narrative " Harpsfieldz^wzs the title oicom- ouc. mentltici & tnfulfdfabuU, and thinks it not writ by Sim. c/'''*^'' ^'. l^'-^nelmenfis ovJHat .VFeJimtnJler'^he might have added o^intbiioihc- Hovcde;^, thcMs. ''hiftory oiRoeheftcr,) but that it was 4:^ cotton. anciently inferred into them. For anfwer to which, he wouldbedcllredtopioduceany one old copy without it, not mangled, tod£>'\idoihprodereJt4rtHm by wanting it; Chap.lX. of the Ujurch oj^n^.^wd. 185 it: I have icon divers oi Hove den Mis. fomc of o1/.i//^. IVt'Jl. but never did one wherein it was not found , not in the margin but in the text ic felf, andfo it is in Bunel- rncnfis his Ms. at Boi'aet Colledgc in C.x'mhrtdge. For my parc,I do not know how any thing we miflikc in Hiftory, may not after this manner be rejected , if a relation ga- thered from monuments ofanelderdatc , which arc -periflit , yet cited by one who hved not fo long after the time he fpeaks of,but they might well come to his hands, whom we find very finccre in fuch citations as yet re- main out of more old authors then himfelf , ever cfteem- cd of 2;ood credit in the Church of God , and in his nar- ration followed di verbum by thofc who writing of the iamc matter fuccecdcd him, Iconfefle, 1 fay, if this may be cad away, as a lying & foolifli fable, 1 know not what fhall gain credit. But what will men not lay hold on in a defperatfliip wrack :I remember ?Barcnius prcft with the p^cj. lo. an- l^t(.imor\\ oiLt{itpra72dtis in the dcpofition oi lohfz the "r^*^'' V'' - 1 2. by imperiail auclority, makes no qucltion of denying the five lart chapters ofhis6.bookto have been written by him , though never doubted for more then 6oo years lincc he lived. 14.. Another ^Doctor, I confcffcfeems to give a more '7^.j^^^3''^ difficult objedion;that ' ^^UuinuSy who is faid to have ^Tr^^chlC writ againd the fecond iV/r.^;^ CounccU in the point of cedon. F/orej Images, doth in \\\shookde divmis ojpciis (Ay^froHcrrn- ^"^' '^"^^'^* muY cor per e Ante crucem, me?ite tX/itc DctniC'^ 've?urap97uy p. 'i^j. crucc',7ipcr qUiini. redcmpt: fumns tS:c. and tiiis froman au- ^' ^' P'vm»o . 1 I J • • n. T u \AU -1 oijictps^du Po- ther had written againlt Images, he would have imply a y^ff^y^ veneration ofthem(even in his time who oppofed them) by the Englijh Church. But Vv'hat hath the reverence of the CroOc to do with the v/orfliip of Images ? It is not to be denyed but Chriftians, in their talk :i\\L\ writings , did cxtoU and magnifie the Croffe, forced thereunto by the Gentiles, who fpakeignominioufly of him that dyed npon itj yet I believe it will be diilicult xo flicw any Law 184- e>/;/ HiJloricaliFindication Chap.IX. or Canon before the C onqneft >injoyning the ufe, much IcQc that attributed any religious worfliip unto I- mages. ^^^^^11 1). Itis true, the/ Councell of Cf//V/^///6 8i6. did Spelm. cif,2. charge umcuique Eptfeopo , ut habeat depiclam tnpirtete 1 1'^- or at or li, aut m tabuLi, velettam in altaribtis, quibusfancfts Jlntutraquededtcata , &c. which was clearly for memo- riall and ornamentj as bt hath been very common, in fomc Churches , to have on the wall the Image of Queen Eli- ;c,/2^^/^,andruch as have built an IQeor window, to have their ftatue or pifture fet up in it, which in fome parts per- haps remain to this prefent ; yet no man ever held any re- ligious duty fit to be given them, nor any man compell'd to fet them up. Now that there was no precept of the (Inftitutio- Church commanding their ufe, I fpeak^ from the rules ncs Mfs.bca- oi Sempringhamdboxxt 1 148. that doubtlefle did not va- f ^ctioimn ^y '^^om the generall pradife of Chriftians here , yet hath c;uspercapi- thisexpreffc ftatutCj Sculptur^velpi5iuraf»perfluainEC' tulagcnera- clefiis nojlrts feii in, officmts altquibus MonAJlerii ne fiant dc exordio, ' interdiciTHUS ^ quia dum talibus intenditurt utUitas bona me- ordiiutio- dititionis veldtjciplina reltgtofegravitatis fape negligitur: ncinftitutio- cruces tamenpiElas qt4£ Tuat Uz^e^ habemus. So that it Canonico- fccms to me they did account all pidures fo fuperfluous rum, Sanfti- ^5 not tohavc them, but oucly painted croffesi^Jc this was ftatmm sT ^ue of the firft foundation .And in another « place, which fororum lai- I take to bcfomcwhat after , the buying of them and filk, carum ordi- ^^ thino;s indifferent , are alike interdicted • yet a diredion ^mgh.im.de how to bcftow any thing of that nature ihouid be left cMoniciscaf. [hem : but fee the words 5 ISljJoilde fericoermtur a nojlris puree. velde nosiro ad noHrorum opus^ veladaliquid religtoni con- u Df fratribHs trarium, &feculi vanitatibus amminiculum , nee etiam ad '^^* ' ^ * quodlibet facer dot ale indumentum , nificonfict ejfe neceffa- rtum : Stvero dxtur s fecundim arbitriumVrions or/zni- umcommuniuttUtati& ufuimancipetur. hoc idem deX - coniis T'e'/<2///ifculptilibus^/V/w«j , qux adbeat^ Manx Vtrgmis velaliorumfan^ortim funt fabricata mcmortam ; Chap.. IX of the Church (^^England. 1S5 qu.t t Amen gr.it ts ^ grata, front defcncofr x(iiximt4s , ad *//;;«^/7.?w,diclin *'^''^ is^AVaide'a- they did not abfolutcly rejecl the ufe of the other, though ^^ fom. i .Uh. they had been ^ taught by the doftrine ^ of S^ Hterom l^^[\^'fii!' and c S^ Gregory^ not to repute them in Canone y but to 203. a. col.z. admit them quiafidem & religionem ddtfcant , or, as ^'^'^- ^'^"^^• they ^ (2.)% for example of life ^andinJiru[lio?i> of manner s , hrr.'fat.m 21. For praying to Saints,howevcr the i';2,v^;/i might proverhsah- honor holy men departed, r(?r«//// dileclio-nis & focteta- T^^^^ c?' tis quo & m hac vitaioluntur homines^ as ^ S. K^ugujline c s. Grc^or. fpcaks, (which what it is he explains elfewhere) yet lam ^^^^^^•^'^' hardly perfwaded to think they did admit any publick a ^ruo. praying to them in the Church ; for I have (cen and per- ^(^ontrx Fun- ufed three ancient Saxon Plalters full of prayers , but no {iichxutnUb. one petition to any Saint whatlbever. f Eadmerus laves :o.c condemns all religious invocation of them, as thofe were ;^<7w adorandi propter reltgionem ; yet in re- fped they were honor andi propter mitattonem , to retain theircommemoration, by appointing a fet fervice for the dayes on which it celebrated their memorialls;therc- by to provoke us to imitation oftheir piety,and to thank God that left fuch lights , who by their doftrine inftru- fted us, and whofe lives were examples for us to follow .* and in refpe£t there are fundry Saints for whom there is no proper office, to retain one day to praife God for the generality of all, and beg of him that we may follow their pattern in all vcrtuous and godly living. This if any midike , I intreathimtopardon meif I joyn not with Grxco?u'm him; and if he will add morc, to give mc leave to think in fafciculo he attributes to them (by what name fo ever he ftyle it ) Zizaniomm ^j^^^ -^ Q^ely duc to the Diviuc Majefty. TbomamWaU 22. "Fot Purgatory, howeveritmight be held a pri- danf.foi. i5 niing to Rome iis^^de articHlis fidei &fAcramentis fidci jor.^nno J}itis tolerahiliter refponderunt : fo that queftionlcfle the lil^'l*'*^^' Hiftorian could not then hold Pur2;atory an Article of A Mar. Paris. Faith, when thofc who did afhrm JSjf/Ium Purgatorium Niff.major.p. ry?, did give a tolerable account oftheir Faith. Our Di- ilin.zx. vines therefore charge thcfc opinions ' oncIy as fond in-' ventionSf^ Chap.IX o/>/r (7;//rr/;c/ England. i89 mentions, groti/ided on 7%Q'VciAY7i'ritofScrif>tu,re^ b:tt rather repngnanttothei^ordofGod', thatis,aslhavc laid before, m .^rt. if. they deny them to be Articles ot fairh. "^ ^'^^ Jicilat- 23. Inlikcmanncrjliavingfirll »»declaredthe bread char'.iib.^^up. we break in the holy Communion to be a partaking of z^.^jccuudt thcbody ofChrift, andtliecnpofblcflingof his bloud, Q^Ltber-^tio- thcycenfure Tranfiibftantiation , or the change of the luorumfeymo^ fubftanceofbread and wine, as'' what is not proved by »"^p^r annum holy writ, and therefore no Article of faith drc And in- jj' **" ^* deed how could they fay leffe of fo doubtful! a tenet, fo p f^<^r. Hif}. newly crept in, that had burntfo many, was fo contrary fil[^/^\^/', ^ to the ancient dodrine even ofthef;?^///?? Church, as the p. 91. J'^^o;? Homily yet remaining in an old Mfs, with this ti- ^if^^^^^^u ., tie, ° K^book ofCAtholick fermons to b: repeated each year , H^rcticis doth undoubtedly ailurc us? it is true, fome of late have ^mmunis ftrovcto givcananfwer to it; as he that ftylcd himfelf l-.Tl",:^,'^ ^' pBifh. ofC^^/ffij/^« will have the author perhaps to have ubihanc in- been an hcrctick; but that the time and title confutes , all J^^'^IT ':^'^^^' ■ / r L J r r , III Britombiii 3 writers agreemgf;^^/^;?^ to have been tree from any he- :,acio poiTc- refyafter S. Gregory, tillabouttheyear 1 1 66. Ifthat there- ^'^^-^ngiomm, fore wilinot do, iiehath another , ^iz.. the Sermon to ^ritmnia\^ make more for Tranfubftantiation then what the Prote- ^ngiu dicc- teftants cite doth affainft it: yet is filcnt both where th^ ictur, nulhus words are m It, and who are the citers of them. For my ca pedis hx- pait, to fpcak once for all, take the whole Homily as it i^fticoe virus 1- ' ^ c 1 1 J T 1 J cbullivit :fcd UC5, not one piece torn h*om the other, and if the do- neciaeum ftrinc of it be fuchas he can digefl , I know not why we aliunde ufq; differ. As for thofe two miracles, which fomc diflike ^^ tempora r r r 1 1 r -^^^^gis //t';;n- lo tar as to thuik thcm infarced into the work, Iconfefs dfccundi— tbemnot todifpleafemeatall; for if they were inferred '""oivit. to prove the verity of Chrilts body m the Sacrament, a- c^^ny^ ,^^p^ gainftthofcwho held it bare bread , yetitmufl: be after' ii.rK^.^VU^- Inch aghoftlyandfpirituall manner as is there reprefcn- ^"iJI^ Z/^-^^'' ted, without any other change in the fubftance of the p. no. ^• bread and wine then is in the water of Baptifm, >•/?. 3 3- \^^'^'^"'l^ , not bodily but ghoftly /^r^. 38. 36. a remembrance ino^n^o, Bb 3 of. 190 (tAuHiJloricall Vwdicatton Chap.lX/ of Chrijls body offered for us on the Crofs. p, 46. 24. And this may fei'vefoL'anfwer to that his x^chiU /f^,by which his doftrine of Tranfubftantiation^w^;?//?- Malms!(ff Jlius -pAtehit , of Odo Archbifliop oiCanterbury about po«;. iih.i. in 940. converting miraculoufly the Eucharift in for mam ^I'l V?6. ^^r;?//, ad convincendum quofdam , qui fuo tempore ccepe- runt de ea duhitare : to which I fhall firft remember , that when ^ S^ K^uzuflmevrzs preft with certain miracles of Eccief. cA^.i6. Donatus and P^»///^j, which tlie Donatiiis urged to prove tQm.7, the truth of their dodrine, he gives this anrvver,i?^«^(7- veantur tjia ve I figment a mendacium hominum^ velporten^ tafdUctumfpirituum 5 ant enim nonfunt vera. quA dicun^ tury autjih^reticorum altquamirafaBafunt:,magisca,verc debemus j and after a learned difcourfe,he tells offomein the Gatholick Church had happened in the time of S^'LAmbrofc2iX.LPliilan y upon which he gives this grave cenfure, ^uACunque talta in catholicafiunt , tdeofunt ap- probanda^quta in catholtca f>unt 5 non ideo ipfa mamfejlatur catholic A , quia h^c in enfiunt, Jpfe Bominus Jefus cum re^ furrexijjet k mortuis^ & difcipulorum 0 cutis vtdendum mx" nibujque tdngendum corpus Juumojfer ret , nequidtamen fallaciafi pati arbitrarentur^magis cos tejlimoniis Legis d^ Prophetarum d^ Pfalmorum confirmandos ejjejudi cavity oflendens ea defe tmpleta , qu^fuerant tanto ante pradi^ta, &c. and a little after ,HocinLcge& Prophetis & Pfalmis tejlatus eFiyhoc ejus ore commendatum tenemus , Hac funt caujdt nojlrx document a , h.u fundament a , h^c firma- menta, 2 5 . To apply this to our cafe; the Church Catholick hath ever held a true fruition of the true Body oichriji in the Eucharift , and not of a figne , figure , or remem- uF?aeCha- brancc onely,but as the /'r^;^^^ confelTion, ^ que par U ^rAmentiilih. "^^^tue fccrcte & incomprehenfibU de fon Efprit , // nous I©. f<«f. 1. 2. nourrit & vivifie de lajubjiance de fon corps & de fon fang y &c . and therefore we can agree to thefe vcrfcs : Chrijl Chap. IX. ofdc Church of England. 191 Chrtft l».is the Word that /pake it. He todk the Bread a}id brake it : ^^?id as th.it Word Aid make it , So I believe and take it. Here is then a Catholick Sermon , commanded to be read in the Church many years before the word Tranjub- y?.z«///t//^»washcard, asthcdoclrincofit, teaching me this participation with Chrijl , however true, yet is not flcflily^but fpirituall : if therefore this miracle were not to convince thofe held the communicating oi Chrijl'iw the Sacrament, to have been no other then fantafticall , and the bread to have been , and conveyed no other to us then bare bread , muft not I, according to S' ^^ugu^ Jtine , avoid it as the fancies of lying men , or the opera- tion ofdeceivingfpirits \ 6c c. And this as it may fcrve in generall for all miracles, fo in particular for that ot late di- vulgedjofa poor mans legg cutoff in i'^^/;? and buried, yet four years after rcftorcd.- wIulIi if it be notfomeim- pofture, as the golden tooth in Silefiay ox. oiK^rnald Tilly [tdkzw'm Francis iho, 2^* time not onely by others , but by the very wife of Martin Guerre Sox. her hubband , and which held the Parliament of jholous fo much per- plexed to refolve) we muft not (according to this holy mans dodlrine) believe for that or any of the like nature, fartherthenisprovedbytheLaw and the Prophets, 6cc. Yet there is one thing in my opinion very confiderable ; what the Apoftles did, were fuch,and in thofe places, no man could deny them : but thefe the Church oiKome holds out for confirmation of their religion, are either in corners, as Garnets Face in the Eare, with fo dark proofs, as when they arc looked into, res tota cum contemptu di- miJ]aeJi\Ox elfe donein/Z/r/^jOr ^/>^/>;,wheretheInquifi- tion will fuffer none but themfelves to examine the fa£t : whereasif they followed fh' Apoftles example, they fhould be in England or Germany , that the Pro- tcftants might fay , indeed a notable miracle hath been done by 192 An HijloricAllVindtcmon Chap. IX. by our Lady, is manifij} to all , a::d Ti^e cannot deny it , Aclsiiij. 16. ^ 26. 3c Another will have that homily, at leaftwhathc abides tosr' takcs on him to confute , to contain no other then Ca- Hamfrcjr tholick docli'incj and then fallsupon the Archbifhop of \V^ c'^' {^r mac h, whom he conceives to have ill tranflated it out of the Latin , in which language there is not now found yr- ^'^I'Cdp, anyancientcopyofit 5 j infilling, that though it were p. §10. pnntcd uLof^do^ 162s. it was not to be heard of when he writ , which was about 163 1. infinuating as if more might be faid, if he could fee the author himfelf. For the firft of thefe , it muft be faid to contain Catholick Do- le y.2$: ftrine on the grounds ? beforcjbut if it be that theChurch oiRome admits for fuch , I am glad to underftand that from him. For the Primatof/^*f/^;;/:/'stranfIating the La- tin to the difadvantage of the Romijh ^ Ifliallgivenoan- fwer,but that his Englifh are indeed fome parts of that fermon , but the Latin pieces of Bertram fo agreeing with them,as they were undoubtedly taken out ofhim,(by which he gives a far elder teftimony tothat authorthen O^^c/^w;/?^^///^) whowas,noque[tion aCa- \- Index cif- tholickDodor; but being fo why is he prohibited '/by toYum^aQ. theRomanlndexhvhy ifat all permitted, muft itbe^;^^^- ' ^i/4/^^^^y^;^^;'//^.''Fortheother,thatit could notbchadin London only eight years after it wasprintcd,! can fay no- thing, but fome men will not hear that they miflike : for thatHomily, of which (if he fay any thing) he fpeaks , firfl:fetoutby/^^;iiD^j',withthcfubfcriptionofi5Bifliops attefting the truth of the Copy, after 1023 reprinted by Henry Seal , alwaycs in the book of o^J?j a?id tnonu^ 2rom,2, rnents &C.'' in the life of Hin. the S, and of late by Mr. ^■"^^^^ yvhelock put into Latin, and taken without any intcrve- -ningtranfcription from the originall Saxon, (that he mightnotvary inatittle) wasW'ith his tranflation of it h^.^cz, ^imi^dzx Cambridge 1644.^ amongft divers other ex- cellent notes of that iearncd man upon Beda^ that fuch as under- Chap. rX. of the Church of ^n^^\\d. 195 undcrftand not the language, may in that point fee the doctrine of ourlbrcfuhcrs. 27. A third ^' Doctor, who cannot deny but it makes <■ M.Jon '•/< directly againft Tranfubftantiation, gives an anfwcr I ^[['Moy could not have expcfted, yet in my opniion n:oic ingc- oj^rwaci.t- nuouSj Th.1t it IS tmreajon.ibie to produce the forccUlJe au- ^^^' [I or It y of thefeS^^on Homilies j'^htch have ?:o li-nrra?it of truth from any other but frow our ft Ives j and the maigm, ThcJ^ Homilies "yi^ere never hear do f^but no'^ of late amohg/l Frotcfants^ onclj framed a?/d prt/itedby thcn/fclves , TV;//^- cut the Iparrant ofa-ay one tndiff<.re?it 'Wttnef/e.Thh is,l fay, whati could not have looked for. Can any man ima- ginctwo Archbifliops, thiriccn Bifliops, befides divers other perfonagcs of honour and credit, could have been induced to fubfcribefo palpable a lye? as it muft be, if this and the other paflages, by them there teftified to be found.intheancientmonuments of this Church, were latelyframed. Buttheold books that yet^remainAvrit dinlubUothc- above five hundred yearesfincc, do enough vindicate ^^^f/^'*^** theProteftants , in that which i dare fay no one of them vvhoalledgeit do in their hearts believe, not to have been extant in them, as the Archbifliop firft fent them to the Prefs. . 28. Of the little credit the ConnccW of Lateran in this point gained here, I have t touched before: neither ccha^.r.n.jj, did Peckham's conAlmtiony f^b pa?zisfpecie dvviul dart ^^r- /'^i&c. fpeak home, nor was the thing ever abfolutely determined with us till 1382 : fo that the opinion of ^{«/*M«'« Tranfubftantiation, that brought fo many to the (lake, ^]fs"\er had not with us 140 ycarcsprcfcription before 0\Urti?i Thom.Wal- Luther began ; for in that year FFtc/i'lijfhsiyin^ propoun- xn%'iK)i/^' ded, ^quodfith/lantiapanis mater idis aut viiii maiiet pofl q:ii func yixit confccrcaio7iim (3cc. the Archbifliop takiila; it into jrconli- j^rii>fi(qiie,col. J r c3 ■•61 8) S. O*^ deration, did not think fit to condemn the T^«f/ , with- l<^^^ 44. out farther advice w ith the Univcrfity of Oxford ^^ where g Kni-hr. iibr.uisf?jgulis, every faying weighed, (and in cfpcciall, ]^cd.^il'o! C c as it 49. 194- (lAn Hijloricall Fmdtcatioji Chap.lX. i Col' 2^54. asitfccms, thofc^ concerned theEucharifl)hedici con- demn fomc as hcrcticall, others as oncly erroneous , and farther, (higulos dcfcnjores (orum impoftcrum Jintin- tix ex commiDiic At 10 riis mnoAatos fore , and gave com- A i6 5 2j ^T' mand, ^ nc qnis dc cxtcro ctijtifcunquejtatus &c.' ^ hAYcfes feti err ores pr^diclos velcorum altquemteneat.do- l colz6s 3. ceat^prdd!cetfc'udefcrjdat,T\\Q, ^Chancellor likewiie of the Academy repeating FFjckliffs opinions touching the ho- ly communion, flicws they had been diligently difcufs't by Dodcrs in Divinity, and profeflors in the Canon Law, ^c tandem finaliter<^/? compertum atque judtcto om- rnumdecUrxtum-, ipfas effe errorieas , fidet orthodox^ con- trariaSy d^ deter mtna,tionihti$ EccleJiA repugnant es \ and then after all this fearch, delivers the dodrine of Tran- fubdantiation as the conclufion agreed to be held, ,^od per verba facrament aim k facer dote prolat a, pants xi' vmum in alt an tn verum corpus Chrijli & fanguinem tranfub- ftantiantur, feu fubftantialiter convertuntury?^ , quodpofi .. confecrattoncmnonrem.inent in tllo njenerahilt facramento de Euchxriflu ' pams materialis d^ vmumfecundum fuasfubftantiaSyfedfe- lib. A. cab. 2^. cundum fpecies earundem , And this I take to have fiWoiu'c bzc[\ the firfl: plenary determination of the Church Arch, plenarie of England In thc c:iCc , which yet how well it will be frocedere. liked by fuch as hold the manner of converfion to be by ^declterolene' a "^ fucccflion of Chrifts body to the fubftance of the *' bread, I leave others to difpute. But certainly the lixiiTer^^ Archbifhop not " adventuring to proceed in it a- ^Afparing lonc , nor by his own councell, by o his extending dircoutfcp^j^. ^^-j^^j. j^^ ^ij oncly to the future, both for puniflimcnc 13. writ by J ^ L afecuUr and Tenet y and after P long enquiry concluding the vriefl agi'mfi x^^i\i of it , cnough provcs it not to have been in ^Jnnl 1601. forrncr times fully refolved on in this Churchy fo ,:in.confef that wc may fay of our Aunccftors , as q the lefu- Ii^j»I/^//t- ^^^^ hereabout fome 60 yeares fmce did oftheFa- theca Archie- thcrs, rem Tranjuhflantiationis ne^ attigerunt. And f'f'-^r'"^^^'' it may not here unfitly have a place that .*. John TtjHngton Chap, IX of the C/mrc/j of Enghnd. 195 Ttj^tngton a Francilcan, whom Pit feus ^^from TuxUus , not LtUnd , as he would have us think ) athrms to have been an afTillant in this dil'purc at Oxjord 1 3 S2 , or as fome 1 3 S I . cannot deny the truth of the alTertion , quod pants (j* vinum rcndfiOit pofi confiCratio?icm in naturis ftiis , adhtic ferv.itur Laicis ^ d^ antiquitus fervaba- tur. And here it is not unworthy the remembrine;, that by the law of the 6 x\rticlcs 3 1. Hc?^. 8. cap. 14. (containing in etfcd the body of Popery) no man was to dye as an Hcrctick but he who denycd this Tenetj all others onely as felons, or men en- dangering the peace of the Kingdome,by teach- ing contrary to what waspublickly received. By which it likewife appears, in fixing th' imputation of Hcrc- fy, the Englijh looked on their home Determinations, notthofe of any forreign Church. 29. But I do not take upon me to difputc matters controvcrfall, whichi leave as the proper fubjecl to Di- vines; it fhallfuffice onely to remember, the Church of JB;7g/^w^having with this great deliberation reformed it felf inalawfull Synod, with -a care as much as was pofllble of reducing all things to the pattern of thb firftand bed times, was interpreted (by (uch as would have it fo) to depart from the Church Catholickj though forthcmanner, they did nothing but warranted by the contlnuall pradice of their predeceflbrs, and in the things amended had antiquity to juftify their anions; and therefore th'Archbifliop of O/^/iT/'/zr^jinaprovin- ciall Syr.od begun in S. Tauls the 3 oi K^pril 15711 and all other Bifliops of the fame Province, gave e- fpccially in chargeto all preachers, to ^ chiejlytakchccdy r T'v hook oj that they teach nothing in their preachings ivhich they Yl'^^l- n%d "Ivouldhave the people reltgioufly to obferve and believe , ^nfutd by hut thafy^hich IS agreeable to the docfrine of the old Tcjla- John Day ment and the nelv .and that Ivhich the Catholic kFathcrs a'nd ^ nncpent Bifho^s have gathered out ofthsit doctrine. So that C c 2 nothing 196 An Hijloricail Vindication Chap. IX nothing is farther off truth , then to fay/uch as reformed this Church made a Newreligionj they having retained oncly that which is truly old and Catholick, as Articles of their faith. 30. Thus was Religion reformed , and thus by the Queen cftabliflit in England^ without either motion , or fceking any new way not pradtifcd by our Anccftors , but ufing the fame courfes had been formerly traced out imto them, for flopping profancnefs and impiety, when ever they peepedin the Church. And certainly, to my un- derftanding , there can be none that will with indifFeren- cy look upon thofe times , but he muft ^however he niiQike the thing done) approve the manner of doing it. Yet the favorers of i?i?w^ ceafed not to proclaim all had thuspaft to have been hereticall (without inftancing any particular , as to fiy fuch a carriage was after the mannct of Hercticks,evcr condemned by the Catholick Church, and by orthodox writers in former times, or fuch a Te- net in your confcfTion was held herefy from this place ot Scripture anciently, by fuch holy Fathers met in generall Coiincell) and to raife ftirs and commotions in the Gom- rB«//rt Pii monwealth , ^ to excommunicate the Queen as y?4g/>/(7- ui March rum fcY'vaS^zz her fubjeds of their allcG;eancc,toeive out iHarding ^/i wc had 'a P/jr/z-^/z^r^//-/'^//^/^;^, Parliament'Gofpell i Par- confutdtionof //^;;?^;^/-/'/?/>/?,and this bcforc cver the 3 9 Articlcs , one )^r^po/. main pillar ofthe^;?^///?? reformation , were confirmed by Parliament. 31. Uponthewhole, itisfoabfolutely falfcthatthc Church of£;;2/^^^madea departure from the Church, which is theground and pillar of truth>as I am pcrfwaded it is impofTiblc to prove file did make.the reparation from the Romxn it fclf ; but that having declared in a lawful! Synod certain opinions, held by fome in her commu- nion, to be no articles of faith, and according to the pre - cedent of former times, and the power God and nature hod placed in her fclf , rcdrcflfcd particular abufes crept into.i Chap. I -^. of the ChiiYch o/Englaiid. 197 into licr, the Pope and his adherents, without ever exa- mining what was the light of the Kingdom in (uch like cafes, that had from all antiquity donethe fame , would needs interpret this a departing from the Church , be- caufc he refolvcd to maintain as articles of faith , ^S: thruft on others as fuch,fome ambiguous difputablequcdions xhcEngltJh did not think fit to admit into that number. Tomakc a departure from Chrifts Church is certainly avcryhainous offence, flie never commanding ought butwhatisconformabletohis will, nor* requiring her ^^^ih^^.it children to believe any thing as matter of faith, but what jufl.fiib 5. is immediately contained in the word of God ,orby evi- ^'V-^. //"•<• dent confequence drawn from it: and as flie excludes no tbid. lib. i.cip. Chriftians from being her children , who by their own lo.^.^rima demerits dcfcrve nottobcoutofthc divinefavour ; fo ^^ ^^' inoppofingthofe who endeavour to procure fome te- nets to be admitted for hers , which cannot be deduced from that ground, Vv^e do not depart from her, butgainfhy humane errours, and conceipts, which they would infer to be her commands who acknowledges them not. But as S^ i^ugujitnein a difpute with a Donatift, ^^ utrum u comrciitie- fchifmatkt nosjimus an vos , non ego , nee tu ^fed Chrijlus Yl ^Z"^'"^"' inttrrogetur ^ utjuXicet Ecclejiamjuaw: fo may I,w hether tQ^t'^.j. we are the fchifmaticks or the Church o^Kcme , chrift himfelf be theludge. But whether divided from the other, being matter of faft, let the hiftories of former times, the extraordinary proceedings of the Sec of 7?c/^^of late a- gainfl: the Queen and this Commonwealth be com- pared, and I am confident the judgment may be refcrr'd to any indifferent perfon (though of that belief) who made the feparation , and whether this Kingdom on (b high provocations , did any thing would not have been parallcli'd by former times, had they met Vvith the like at- tempts. 3 2. Neither can the Crown in this reformation be any waylaid tohaveenterprilcd onthepapall primacy-, C c 3,. (which - 198 ^^^ Htjloricall Findkation Chap.IX. which (for ought I know) it might have acknowledged fofaras is exprellou deduced from holy Scripture , or laid down in the ancient facred Councclls , or the con- (laiit writmgs of the orthodox primitive Fathers, and yet done what it did ; ) but to have exercifed that auclority alwayesrelidedinit, forconfervingthe peopleunder it in unity and peace , without being deftroyed by the Canons and conftitutions of others ; not fuflferin^ a forraign power ruine them to whom it owed protection. In which it did not trench upon the rights of any . but confcrved its own ; imitating therein the Imperiall e- dicls of feverall Princes , andofthofe were in poffeflion ofthis very diadem , conformable to their Coronation oath. 33. And from hence maybe anfwered that which i^^^^^^brings asher Achilles,touchingthe (uccefliorx and vifibiliiyofthcProteftants Church and dodrine in all ages fince Chrift : for if theirs have been , it isimpoflible to fay the others have not; the former adding onely more articles for a Chriftian to believe, which the latter will not embrace as necdfull: fo that if theirs (as they fo much glory) have had the continuance from the'Apoftles, thefe needs mufl: , which onely denies fome part of that m r they hold.^ ProtesUnts (fays Stapletonl have many things fdith, at the lefje then Papists.they hive taken a'%>ay m.iny things ithicn fnJo/Bcdas ^apiHs had , they have added nothing. And here to my '/ ^ •47- . unjcrftanding the Romantfts require of us what lies on their part to prove ; for we denying in the fucccfllon of Yii^O'^'^^'CO'CCLCra'nmer ^W areham , even to ^^uguftmey and fo of the Britons , ever any one to have held the points we differ in to have been points of faith , in that degree of neceflity they are now required , and for proof cite not onely xhzK^po/ilcs ^Niceny^^thanajian Creeds, but even that of P^^/V^^w, which we find fo to differ from the late one fet out by Pitis 4^ ^S as we cannot but fay it is unjuft in them to preffe us to a profcfiion in religion farther Chap.IX ofihe Qmrch of England. 199 farther then oiiranccllors wcixj they on the contrary af- firming all thofe holy Bifliops preceding , r^ot onely bdievcd them as thcfcnow do , but did require them of others with the Hkc nccelllty they now arej ought certain- ly to prove what they thus boldly affirm , which when they have done, truly for my part I fliall think tit to yield': but till they do it,let them ccafc from proclaiming us hc- reticks,who hold no other then the ancient faith atfirfl: delivcr'duntous. But this as a point rather dogmaticall for Divines, then hiftoricall, the fubjeft I undertook, 1 fliall not here farther wade into. FINIS. Errata. corred. p. r. iin.i. ftjoretl-an read alhvoft lO Chriflian Chiiftians •5 ly genenerde geneialc 7 I8 they addreffe they did addrcfTc 9 I kttotp knew Cap.;. 7. Precctor precentor 47 X prius defideliute O* prius Komano Tomifd dc fidclitatc 5c 52 4 fnd at all find /(at all 67 10 fujfer for fuffc tdeatf? for 79 15 ^pifcspHS e^' cleriH Epifcopi &cleius gr. in mar- Ca^. 15. cap.j. gine ad lit. f- 141 ^ iphethe whither 151 5 Glaj]e Gloffc 157 4 t^lbigenfcs Albigenfig jr qui el que il. 39 ^jjetjty de lonr. auferatur comma f7J 2 of Pope of the Pope s >• ^