Answer to Cressys Epistle, Chapter 5 (2 of 3)

Answer to Cressys Epistle · Chapter 5 (2 of 3)

p. 389§. 12. After the Norman Conquest, the Ecclesiastical and Civil Courts were first separated, as appears by the Grant of William the Conquerour to Remigius Bishop of Lincoln, and many others to the same purpose; …. p. 167.but I find no particular exemption p. 390of a criminal Clergy-man from the Civil Power established. The main plea is from the confirmation of the Saxon Laws, but to how little purpose that is, is already shewed. By the Laws of Henry 1.… 1. …. c. 73. if a Bishop committed murder, he was to be deposed, and undergo twelve years penance, seven of which were to be with bread and water: if a Priest or Monk, he was to lose his Order and to undergo ten years penance; if a Deacon, to lose his Orders, and to have seven years penance; if a Clerk only (i. e. in inferiour Orders) six years penance; and then it follows, if a Lay-man, five years penance; which was very prudently left out with an &c. by P. W. because it marrs all the rest; for if according to these Laws, Clergy-men had an exemption from Civil Iustice, so had the Laity too; and upon better terms, for their penance is but half that of a Priest or a Monk, and not half of a Bishop. But after Henry 1. the penance was turned into a pecuniary mulct, as King Henry 2. complained, Fitz Steph. vit. S. Thom. P. 15.and men committed the greatest crimes at a certain rate, by which means abundance of villanies, and murders, and rapines were daily committed; and in Henry 2. time, the Kings Iustices complained of it to the King, Radul…b, de Diceto Imag…histor. P. 536.who commands them to punish all offenders severely; and p. 391if any Clergy-men were convicted, they were to be delivered to the Bishop to be degraded by him in the presence of the Kings Iustice, and so to be returned to the Court to be punished; but in the case of the Canon of Bedford, Becket utterly denies the delivering him up to the Kings Iustice after degrading. Fitz. Steph. vit. Tho…. p. 19.Fitz Stephen gives more instances, which exasperated the King, one whereof was, of a person who had destoured the daughter and murdered the Father, whom Henry 2. would have punished according to La…, but the Archbishop would not suffer him to be delivered up to the Kings Iustice. (Yet methinks it might bear a dispute how far a person degraded is capable of Ecclesiastical immunities; but Becket, it seems, extended them to all that were or had been such; or it may be, the indelible character preserved still some title to a legal impunity in sinning.) The King apprehending the very bad consequences of such an exemption of all sorts of Clergy-men from Civil punishments, and not knowing what the late encroachments upon the Civil Power by the Ecclesiastical might come to (for so Fitz Stephen saith, some about the King told him,Fitz. Steph. vit. S. Thom. p. 14. if these things were suffered, and the Archbishop let alone, his Royal Authority would come to nothing, and the Clergy would make p. 392whom they pleased King, as they had shewed their power and will already, in the case of King Stephen) therefore the King resolves to resume all the Rights of his Ancestors, and to have a solemn recognition made of them in Parliament. But first he treats with all the Bishops at Westminster to know whether they would observe the Ancient Customs? they gave him a shuffling answer, that they would do it salvo ordine suo & jure Ecclesiae: which the King took for a denyal, and was extremely inraged at it. The Bishop of London confesses, that they all agreed in the denyal, and gave this as the reason, Gilbert. Lo…don. Epist. l. 1. …p. 126.because their yielding to those Customs was repugnant to the Liberty of the Church, and the Fidelity they owed to the Pope: which was a plain confession of the true state of the Controversie, whether the King or the Pope were to be obeyed in those matters? Baronius tells us, that Becket sent over an express to the Pope (being th…n at Sens) to know what they were to do in the straits they were in, the Pope encourages them to stand up for Ecclesiastical Liberty to the utmost; notwithstanding this, the King resolves to have a recognition of these Customs at Clarendon,B…on. A. 1163. n. 23, 26. where the Authors of the Quadripaarite History say the whole Kingdom was present, and they confess, that p. 393Becket with the rest of the Bishops did promise the King to observe them Bona Fide: which they parallel with S. Peters fall in denying Christ: But the Bishop of London in his Epistle to Becket gives a more particular account of it, A. 1164. n. 3.which is worth our not…ce: Three dayes, he sayes, all the Bishops withstood the Kings desire, and no threats could move them, but they resolved rather than to yield to dye upon the spot for Christ and his Church, (as he speaks) at last Becket withdrew from them, and coming in again used these words to them; It is the Kings pleasure I should forswear my self at present, and I will do it and repent afterwards; (were not these brave Heroick words for a Saint and a Martyr?) at the hearing of them, he saith, they were all astonished, and their hearts failed them; and so they all promised in verbo veritatis to observe the ancient Customs. Thus, saith he, was the Controversie then ended between the Kingdom and Priesthood, and so Israel descended into Egypt. But notwithstanding this solemn promise, in a few dayes Becket breaks his word, and attempts to go beyond Sea without the Kings leave: at which the King was extreamly troubled, and as the Bishop of London saith, had rather he had wounded his body than his reputation p. 394by such an escape into forreign parts, where he was sure to be represented as a Tyrant and persecutor of the Church. Becket was driven back by a Tempest, the King takes no notice of it, uses him kindly, and bids him take care of his Church. Not long after, a Controversie happened about some Lands which Becket challenged as belonging to his Church, the King sends to him to do justice to the Person concerned in it: notwithstanding complaints are brought to the King for want of it, the King sends a summons to him to appear before him, that he might have the hearing of the Cause. Becket refuses to obey the summons, and sends the King word he would not obey him in this matter: at which saucy answer, the King was justly provoked, as a great disparagement to his Royal Authority. Upon this he calls the Parliament at Northhampton, where the People met as one man; the King represents his case, with becoming modesty and eloquence: however, he consented that his fault should be expiated by a pecuniary mulct: after this the King exhibited a complaint against him for a great summ of money received by him, during his Chancellorship which he had never given account for: (it was 44000 Marks, as the Bishop of London told the Cardinals p. 395who were sent by the Pope afterwards to end the Controversie) Becket pleaded that he was discharged by his promotion,Cod. Cotton. l. 2. ep. 7. … cp. 38. (as though, as the Bishop of London said, promotion were like Baptism that wiped away all Scores.) But this being a meer civil Cause, as the Bishop tells Becket, yet he denyed to give answer to the King and appealed to the Pope, as the judge of all men living,Ioh. Sacris…. in Cod. Cotton. l. 2. …p. 64. saith sarisburiensis; and soon after in a disguise he slips over the Sea, and hastens to the Pope; who received him with great kindness, and then he resigns his Arch-bishoprick into the Popes hands, as our Historians generally agree, because he received investiture from the King, and takes it again from the Pope. This is the just and true account of the state of the Controversie, as it is delivered by one of the same time, that knew all the intrigues, and which he writes to Becket himself, who never answered it that I can find, nor any of his party; and by one, who was a Person of great reputation with the Pope himself, Codex. Cotton. l. 1. …p. 63. l. 2…. …p. 111, 112.for his Learning, Piety, and the severity of his Life. And is it now possible to suppose that Gregory 7. if he had been in Beckets place, could have managed his cause with more contempt of Civil Government than he did? when he refused to obey the Kings p. 396summons, declined his Iudicature in a Civil Cause, and broke his Laws against his own solemn promise, and perjured himself for the Popes honour. If this be only defending ancient priviledges of the Church, I may expect to see some other moderate men of the Roman Church plead for Gregory 7. as only a stout defender of the ancient Canons, and an enemy to the Popes temporal Power. But men are to be pittyed when they meet with an untoward objection (such as that from Beckets Saintship and Martyrdom is to prove the doctrine of Ecclesiastical Liberty and the Popes temporal Power to be the sense of their Church) if they cannot find that they endeavour to make a way to escape; and I hope the Persons I now deal with have more ingenuity than to think this new pretence any satisfactory plea for Beckets Cause. And as the Bishop of London tells Becket, it is not the suffering, but the cause which makes a Martyr: to suffer hardship with a good mind is honour to a man; but to suffer in a bad cause and obstinately is a reproach; and in this dispute, he saith, the whole weight of it lay upon the Kings power, and some Customs of his Ancestors, and the King would not quit the Rights of his Crown which were confirmed by Antiquity, and the long p. 397usage of the Kingdom: This is the cause why you draw your sword against the Sacred Person of the King, in which it is of great consequence to consider that the King doth not pretend to make new Laws, but as the whole Kingdom bears him witness, such as were practised by his Ancestors. And although it appears, that he wished well to the main of Beckets Cause; yet he blames him exceedingly for rashness, indiscretion and insolency in the management of it; and bids him remember, that Christ never entred Zacchaeus his house till he came down from the Sycamore Tree; and that the way of humility did far better become him, and was likely to prevail more with the King, than than which he took.

§. 13. But Becket being out of the Kings reach, and backed by the King of France, and favoured by the Court of Rome, made nothing of charging the King with Tyranny; as he and his party do very frequently in the Volume of Epistles; Cod. Cotton. l. 2. ep. 41, 52, 54, 61, 63, 64.and because the Empress his Mother pleaded for some of the Customs as antient Rights of the Crown, she is said to be of the ra…e of Tyrants too. L. 1. ep. 49.The King finding himself thus beset with a swarm of Horne… … of his own Power to … farther p. 398attempts upon his Crown and Royal Authority, which was exposed to such publick ignominy in forreign parts: and therefore sends this precept to all the Bishops to suspend the profits of all such Clergie-men as adhered to him.

Nosti quam male Thomas Cantuariensis Archiepiscopus operatus … Cod. Cotto…. p. 26. b.est adversus me & Regnum meum, & quam male recesserit, & ideo mando tibi quod Clerici sui qui circa ipsum fuerint post fugam suam, & alii Clerici qui detraxerunt honori meo, & honori Regni, non percipiant aliquid de redditibus illis quos habuerant in Episcopatu tuo nisi per me, nec hab…ant aliquod auxilium nec consilium a Te, Teste Richardo de Luci apud Marlebergam.

After this, I….the King commands the Sheriffs to imprison every one that appealed to the Court of Rome, and to keep them in hold till his pleasure were known: and he causes all the Ports to be watched, to prevent any Letters of Interdict from the Pope; and if any Regular brought them, he was to have his feet cut off; if in Orders, he was to lose his eyes and something else: and if he were a Lay-man, he was to be hanged. Accordingly the Popes Nuntio was taken with Letters of the Popes coming over for England, Cod. Cotton. l. 1. …. 40.and imprisoned by the Kings Order. p. 399But the difference still growing higher, and the King being threatned with excommunication, and the Kingdom with an interdict; the King commands an Oath to be taken against receiving Bulls from the Pope, or obeying him, or the Archbishop, and the penalty no less than that of Treason: which is so remarkable a thing, I shall give it in the words of the MS.

A. D. MCLXIX. Rex Henricus jurare facit omnem Angliam a laico duodenni vel quindecim annorum,Cod. Cotton. l. 4. ep. 54. contra Dom. Papam Alexandrum & B. Thomam Archiepiscopum, quod eorum non recipient literas, neque obedient mandatis. Et si quis inve…tus foret literas eorum deferens, traderetur Potestatibus tanquam Coronae Regis capitalis inimicus.

Here we see an Oath of Supremacy made so long ago by Henry the second, and those who out of zeal, or whatsoever motive brought over Bulls of the Popes, made lyable to the charge of Treason: but the Archbishop by vertue of his Legatine Power took upon him to send persons privately into England, and to absolve them from this Oath, as is there expressed.

The same year, the King being in Normandy sent over these Articles to be sworn and observed by the Nobles and People of England,

p. 4001. If any one be found carrying Letters from the Pope,Cod. Cotton. l. 1. p. 27 or any Mandate from the Archbishop of Canterbury, containing an Interdict of Religion in England, let him be taken, and without delay let justice pass upon him, as upon a Traytor to the King and Kingdom.

2. No Clergie-man, or Monk, or Lay-Brother may be suffered to cross the Seas, or return into England, unless he have a Pass from the Kings Iustice for his going out, and of the King himself for his return; if any one be found doing otherwise, let him be taken and imprisoned.

3. No man may appeal either to the Pope or Arch-bishop; and no plea shall be held, of the Mandates of the Pope or Archbishop, nor any of them be received by any person in England; if any one be taken doing otherwise, let him be imprisoned.

4. No man ought to carry any Mandat either of Clergie-man or Laick to either of them on the same penalty.

5. If any Bishops, Clergie-men, Abbots, or Laicks will observe the Popes interdict, let them be forthwith banished the Realm, and all their Kindred; and let them carry no Chattels along with them.

6. That all the Goods and Chattels of those who favour the Pope or Archbishop, and p. 401all their possessions of whatsoever rank, order, sex, or condition they be, be seized into the Kings hand and confiscated.

7. That all Clergie-men having revenews in England, be summoned through every County, that they return to their places within three months, or their revenues to be seized into the Kings hands.

8. That Peter-pence be no longer paid to the Pope; but let them be gathered and kept in the Kings Treasury, and laid out according to his command.

9. That the Bishops of London and Norwich be in the Kings Mercy, and be summoned by Sheriffs and Bailiffs to appear before the Kings Iustices to answer for their breach of the Statutes of Clarendon in interdicting the Land, and excommunicating the person of Earl Hugh, by vertue of the Popes Mandat, and publishing this excommunication without Licence from the Kings Iustices.

I hope these particulars will give full satisfaction, that the Controversie between King Henry the second and Becket, was not about some antient Saxon Laws, but the very same principles, which Gregory the seventh first openly defended of the Popes temporal Power over Princes, and the total p. 402exemption of Ecclesiastical Persons from Civil Iudicatures.

§. 14. 2. This will yet more appear, if we consider that the Pleas used by Becket and his party, were the very same which were used by Gregory the seventh and his Successors. The beginning of the quarrel we have seen, was about the total exemption of Men in any kind of Ecclesiastical Orders from civil punishments, which was the known and avowed principle of Gregory the seventh and his successors; and it seems by Fitz Stephen, Fitz Steph. vit. S Thom. MS. …ott…n p. 16.that several of the Bishops were for yielding them up to the Secular Power after deprivation; and said, that both Law and Reason and Scripture were for it: but Becket stood to it, that it was against God and the Canons; and by this means the Churches Liberty would be destroyed, for which in imitation of their High-Priest they were bound to lay down their lives: and bravely adds, that it was not greater merit of old for the Bishops to found the Church of Christ with their blood, than in their times to lay down their lives for this blessed liberty of the Church: and if an Angel from Heaven should perswade him to comply with the King in this matter he p. 403should be accursed. By which we see what apprehension Becket had of the nature of his cause from the beginning of it: for this was before the King insisted on the reviving the Antient Customs at Clarendon. Where it seems Beckets heart failed him, which the Monks and Baronius parallel with S. Peters denying Christ; Bar…. A. 1164. n. 5.but it seems the Cock that brought him to Repentance, was his Crossbearer: who told him,Cod. Cotton… p. 8. that the Civil Authority disturbed all: that wickedness raged against Christ himself; that the Synagogue of Satan had profaned the Lords Sanctuary; that the Princes had sat and combined together against the Lords Christ; that this tempest had shaken the pillars of the Church, and while the Shepherd withdrew, the sheep were under the power of the Wolf. A very loyal representation of the King, and all that adhered to his Rights! After this, he spoke plainly to him, and told him, he had lost both his conscience and his honour in conspiring with the Devils instruments in swearing to those cursed customs, which tended to the overthrow of the Churches Liberty. At which he sighed deeply, and immediately suspends himself from all Offices of his Function, till he should be absolved by the Pope; which was soon granted him. The Pope writes to the King very p. 404sharply,Baron. A. 1164. n. 12. Cod. Cotton. l. 1. …p. 42. for offering to usurp the things of Iesus Christ, and to oppress the poor of Christ by his Laws and Customs, and threatens him to be judged in the same manner at the day of judgement; and tells him of Saul, and Ozias, and Rehoboam, and parallels his sin with theirs, and bids him have a care of their punishments. And was all this zeal of the Pope only for the good old Saxon Laws? When the Bishop of Exeter begged the Archbishop at Northampton, to have regard to his own safety and theirs too, he told him, he did not savour the things of God: he had spoken much more pertinently according to P. W. if he had told him, he did not understand the Saxon Laws. When the Earl of Leicester came to him, to tell him, he must come and hear his sentence; he told him, that as much as his soul was better than his body, so much more was he bound to obey God and Him, than an earthly King: and for his part he declared he would not submit to the Kings judgement or theirs, in as much as he was their Father, and that he was only under God, to be judged by the Pope; and so appealed to him. Which being an appeal to the Pope in a Civil cause about accounts between the King and him, it does plainly shew, that he did not think the King had any Authority over p. 405him, but that the Pope had a temporal Power over Princes to hear and determine Causes between them and their Subjects. And in his Letter to the Pope upon this appeal, he saith,Baron. A. 1164. n. 24. that he was called as a Laick to answer before the King, and that he insisted upon this plea, that he was not to be judged there, nor by them; Cod. Cotto…. l. 1. …p. 26.For what would that have been, but to have betrayed your Rights? and to have submitted spiritual things to temporal; and if he should have yielded to the King, it would have made him not a King but a Tyrant. And whereas the Bishops pleaded obedience to the King, he saith, they were bound corporally to the King, but spiritually to himself. What in opposition to the King about his own Rights? which were so plain in this case at Northampton, that the Bishop of Chichester charged him both with Perjury and Treason, because these things related to the Kings temporal Honour and Dignity; and therefore the Bishops were not bound to obey their Archbishop. The Pope applauds Becket for what he had done, and nulls the sentence against him, which was still taking more upon him the exercise of a Temporal Power over the King. But Fitz Stephen, who saith he was present at Northampton with Becket, saith,Vit. S. Th…. p. 31. that when the Bishop of Chichester charged him p. 406with his Oath at Clarendon, he replyed, that what was against the Faith of the Church, and the Law of God, could not lawfully be kept; now these customs were never supposed to be against the Faith of the Church till Gregory the seventh had very subtilly found out the Henrician heresie, i. e. the heresie of Princes defending their own Rights against the Papal Usurpations: and he particularly insisted on this, that the Pope had condemned those Customs, and he adds, that we ought to receive what the Roman Church receives (for he knew no difference between the C…urt and Church of Rome) and to reject what that rejects: and concludes all with this, that his Oath at Clarendon was an unlawful Oath, and could not bind him. But what pretence were there for this, if he had only contended for the antient Municipal Laws? what unlawfulness could there be in swearing to observe the Kings Laws, although different from former Laws? So that the only way to excuse him from manifest perjury, is to suppose, that he looked on the Customs of Clarendon as repugnant to the Popes Decrees, and therefore not to be kept by him: and the Pope tells him, that God had reserved him to this time of tryal for the confirmation of Catholick and Christian Truth; p. 407Cod Cotto…. l. 1. e…. 13.in which it must be implyed, that which Becket defended against the King, was a part of the Catholick Faith, in the Popes judgement.L. 1. ep. 30. In his Epistle to Robert Earl of Leicester he pleads for the Liberty of the Church, which Christ hath purchased with his blood; who then, saith he, dares bring her into slavery? who art thou that judgest another mans servant, to his own Master he ought to stand or fall? And all that he adviseth to for making up the breach, is their repentance and satisfaction for the injuries done to Christ and his Church▪ And whereas the Bishop of London had told him, that the King was willing to submit to the judgement of his Kingdom about his antient Rights; L. 1. …p. 124.Becket replyes, Who is there in Earth or Heaven that dares judge of what God hath determined? humane things may be judged, but divine must be left as they are. In his Epistle to all the Clergie of England, L. 1. ep. 125.he saith, that at Northampton Christ was judged again in his person before the Tribunal of Pilat (for him he understands by the name of President). In his Epistle to the King, he pleads, that the Liberty of the Church, (which he contended for) was purchased by Christs own blood; L. 1. ep. 60.and adds farther, to the very hearts desire of Gregory the seventh, that it was certain p. 408that Kings did receive their power from the Church, and not the Church from them, but only from Christ: from whence he infers, that the King could not draw Clergie-men to secular Tribunals, or establish the Customs in dispute between them. Hoved An…al. p. …85.I do not say as Hoveden doth, that these words were spoken in a Conference at Chinun, for they are a part of the Epistle sent to the King, not long after his banishment; and written in justification of his opposition to the Rights which the King challenged. Therefore I desire to know what the…e words can signifie to his purpose, unless they do imply such a derivation of Civil Power from the Church, that the Church may take cognizance of male-administration, or of the Civil Authorities taking to it self any of the priviledges belonging to the Church? For if all this related only to the Ceremonies of Coronation, it were to no more purpose than for an Archbishop of Canterbury to plead now, that the Kings power is derived from the Church, because the ceremony of inauguration is performed by him. Who would not smile at such a consequence? But we know that the Popes temporal Power over Princes was never more asserted than in that Age, that Alexander the third at that time challenged and exercised p. 409it over the Emperour and other Princes, and that no man was more stiff in the Popes Cause, nor more eager for the exercise of his Power over our King than Becket was, and his actions discovered this to be his opinion, why then should men study to find evasions for these words which neither agree with the course of his actions, nor with the doctrine of that Age? Doth not Becket himself magnifie the Popes power to the greatest height? In his Epistle to the Bish…p of London, he saith,L. 1. …. 117. that none but an Insidel or Heretick, or Schismatick dares dispute obedience to the Popes commands; that no one under the Sun can pluck out of his hands. And in one of his Epistles to the Pope, he makes very profane addresses to him, applying what the Scripture saith only of God and Christ, to him. Exurge Domine, L. 2. ep. 51.& noli tardare super nos: ill…mina faciem tuam super nos, & fac nobiscum secundum misericordiam tuam. Salva nos quia perimus: and immediately adds, let not our adversaries triumph over us; yea, the adversaries of Christ and his Church; quia nomen tuum invocavimus super nos. And lest any should think these were addresses to God, although contained in a Letter to the Pope; it follows, Non nobis Domine, non nobis, sed in nomine Domini nostri Iesu p. 410Christi fac tibi grande nomen, repara gloriam tuam. For at this time the Kings Ambassadors promised themselves great things in the Court of Rome, and boasted of the Favour they had, which put Becket into such a Consternation, that in the very Agony of his Soul he poured out these prayers to the Pope. And we may judge of Beckets opinion in this matter, by that of his great Friend Cardinal Gratianus, for when the King saw himself deluded by the Pope, he expressed his resentment in some threatning words, upon which the Cardinal said,L. 3. ep. 6. Sir do not threaten, we fear no threatnings; for we are of that Court, which hath been wont to command Emperours and Kings. And because Becket suspected the Cardinal of Pavia a former Legat, to be too favourable to the King, he begins his Letters to him, with wishing him Health, L. 2. ep. 11, 12, 13, 20.and Courage against the insolence of Princes: and saith, that the Church gained her strength by opposition to Princes. We have no reason therefore to question Beckets meaning in the former expression, to be according to the sense of Greg. 7. it being not only most agreeable to the natural sense of the words, but to the course of his actions, and nature of his quarrel, and his expressions at other times. p. 411In another of his Epistles to the King he complains,L. 1. ep▪ 39. that in his Kingdom, the daughter of Sion was held captive, and the Spouse of the great King was oppressed, and beseeches him to set her free, and to suffer her to reign together with her Spouse: otherwise he saith,L. 1. ep. 40. the most Mighty would come with a strong hand to deliver her: (as one of his Friends writ to him, that the Church could not have peace but with a strong hand and stretched out arm.) Again,L. 1. ep. 61. he tells the King, that his Royal Power ought not to intermeddle with the Churches Liberties, for Priests ought only to judge Priests, and that the Secular Power had nothing to do to punish them, if they did not offend against faith. It seems then in case of heresie only the Secular Arm is to be called in for help: and is not this very agreeable to Becket's principle that Kings receive their power from the Church? for their assistance is only to be u…ed for their own interests, but by no means in case of Treason, or Murder, or any other Crimes; but if Princes have an inherent Right or Power in themselves, methinks they might be allowed to take care of their own and publick safety against all offenders. It is the office, saith he, of a good and Religious Prince, to repair old and decayed Churches, and to build new ones, (it seems the King was only to be p. 412Surveyor General,) and to h…nour the Priests and to defend them with all Reverence. But that they had nothing to do with the judgement of them, he endeavours to prove after his fashion; and he makes use of the very same arguments the Popes had done before in his Grandfathers time; and almost in the same words; about the relations of Fathers and Children, Masters and Scholars, and the power of binding and loosing. Nay, he doth not let go, Qui vos odit me odit; qui vos tangit, tangit pupillam …: which were Gregory 7's beloved places, and served him upon all occasions. And then after his exact method, he thunders out the examples of Saul, Ozias, Ahaz and Uzza; and again saith, that Secular Powers have nothing to do in the affairs of the Church; but that if they be faithful, God would have them be subject to the Priests of his Church: and yet further, Christian Kings ought to submit their acts to the Governours of the Church, and not set them above them: for it is written, none but the Church ought to judge of Priests; and no human Laws ought to pass sentence upon such; and that Princes ought to submit to the Bishops and not to sit as Iudges over them. Which he thinks he cannot repeat too often; And after all uses the very same argument to Henry 2. p. 413which Gregory 7. had done to William the Conquerour, That Princes ought to be subject to the Priests, because they are to give an account of them to God: and therefore he ought to understand, that Princes are to be governed by them; and not they brought to the Wills of Princes: for, saith he, some of the Popes have excommunicated Kings, and some Emperours. I do not think that ever the Hildebrandine doctrine (as some call it) was delivered in plainer terms, and pleaded for by more arguments (such as they were) than by Becket and his party, as appears by the Whole Volume of Epistles relating to his quarrel, out of which I have selected these passages. It would be endless to reckon up all the places, wherein they declare it was the Cause of God and his Church which they defended;C…d. Cotton. l. 1. ep. 49, 82, 93, 124, 125, 133, 140, 143, 144, 16…. that however ancient the Customs were, they ought not to be observed, because contrary to Gods Law; that they were not only unlawful but heretical pravities, L. 2. ep. 9, 12, 32, 37, 42, 45, 52, 54, 55, 64, 72, 103, 104.that those who defended them were Henricians and not Christians; that they were Balaamites, Aegyptians, Samaritans, nay Satanites, and what not? and that themselves were the poor of Christ, L. 4. ep. 57. 63.and the persecuted ones, and such as waited for the Kingdom of God. L. 5. ep. 18. 22, 46, 68, 69, 77.And if these things will not satisfie men, that the Controversie p. 414between Henry the second and Becket was not about ancient Municipal Laws, but about the Gregorian principles of Ecclesiastical and Civil Government, I know not what can ever do it.

§. 15. But it is still pleaded on his behalf, (or rather on their own who allow him to be a Saint and a Martyr, and yet deny the Gregorian principles) that those principles were not the immediate motive of his death; but only his refusal of giving absolution from Ecclesiastical censures, (but upon a certain condition) to some Bishops after the King was reconciled to him. It is no doubt a great piece of subtilty to find out another cause of his death than he thought of himself; for he declared, that he dyed for God, and Iustice, and the▪ Liberty of the Church; i. e. in prosecution of the same cause, which he had undertaken from the beginning. For Becket knew well enough there never was a perfect reconciliation between the King and him; and that only the necessity of his affairs, and the fears of being served as the Emperour was by the Pope, i. e. deprived of his Kingdom by excommunication, (which Becket pressed with the greatest vehemency) and the jealousie he had of the rest of the p. 415Bishops, several of whom kept great correspondency now with Becket, and the favour of the People to his cause, forced the King to those shews of reconciliation; for that they were no more on either side, is manifest by this, that the main Controversie was not taken notice of about the ancient customs; each party hoping for better circumstances: afterwards all that the King consented to, was laying aside any personal displeasure against Becket, for what was passed, and allowing him freely to return to his Church in expectation of a better behaviour towards him for the future. All which appears from Beckets own Letters to the Pope, upon and after this reconciliation; for, he saith expresly, the Customs were not once mentioned between them, L. 5. Ep. 46▪ 53, 77.and that the apprehensions of the Popes interdict and Fredericks condition was that which moved him to this reconciliation. The King indeed failed in no point of complement to the Archbishop, as he very punctually tells the Pope, how he saluted him at first bare-headed and ran into his embraces, how he bare his rebukes patiently, and held his Stirrup at his getting upon his Horse, (if he had but trampled on the Kings Neck too, he had been equal to the Pope himself, and it might have raised some jealou…ie between p. 416them). But for all this reconciliation, Becket, supposing himself the Conquerour, resolved not to abate one jot of his rigour against those who had sworn to the ancient Customs; and therefore procures power from the Pope to excommunicate the Bishops that had done it, and to return to their excommunication those already absolved, and to absolve none without taking an oath, to stand to the Popes command. This the Kings Officers upon his return into England told him was against the Customs of the Realm; but they promised, they should take an oath to obey the Law, salvo honore Regni: Becket at first said, it was not in his Power to rescind the Popes sentence; which he knew to be false; for the Pope had given him power to do it; and he immediately adds, that he could absolve the Bishops of London and Salisbury if they took the common oath which was in the Cotton M S. se juri parituros, but it is interlined se vestro mandato parituros, as the Vatican Copy in Baronius hath it. But the Archbishop of York told the other Bishops, that the taking such an oath, without the Kings consent, was against the Kings Honour, and the Customs of the Realm. And it is observeable, that the same time, he was so zealous for the Bishops taking this oath p. 417to the Pope, he peremptorily refused suffering those of his retinue though required to do it by the Kings Officers, to take an oath of Allegiance to the King, to stand by him against all persons, nec vos excipientes nec alium, saith he to the Pope, neither excepting you, nor any other; as the Cotton M S. hath it very plainly,Baron. A. 1170. n. 41. but Baronius hath Printed it Nos, whether agreeably to the Vatican M S. I know not, but I am sure not to Beckets sense; for he gives this reason of his refusing it, lest by that example the Clergy of the Kingdom should be drawn to such an oath; which would be much to the prejudice of the Apostolical See; for by this means the Popes Authority would be discarded or very much abated in England. Judge now, Reader, whether Becket did not remain firm to the Gregorian principles to the last? and whether the immediate motive of his death did not arise from them? for upon the oath required of the Bishops, they with the Archbishop of York went over to the King in Normandy, upon the hearing of which complaint the King spake those hasty words, from whence those four Persons took the occasion to go over to Canterbury, and there after expostulations about this matter, they did most inhumanely Butcher p. 418him as he was going to Vespers in the Church: upon which Ioh. Sarisburiensis, who was his Secretary and present at his murder,I. 5. ep. …2. saith, that he dyed an Assertor of the Churches Liberty, and for defending the Law of God, against the abuses of ancient Tyrants. But what need we mention his judgement, when the Pope in his Bull of Canonization, and the Roman Church in his Office do say that he dyed for the Cause of Christ? Ba…o… A. 1173. n. 7.And what can be more plain from hence, than that to this day, all those who acknowledge him to be a Saint and a Mart…r, cannot with any consistency to themselves reject those principles for which he suffered; any more than they can reasonably be supposed to reject the Republican principles, who cry up the Regicides for Saints and Martyrs? But this is a subject lately undertaken by another hand, and therefore I forbear any farther prosecution of it.

§. 16. After Beckets death the Royal Power lost ground considerably; for to avoid the interdict and excommunication threatned the Kingdom,L. 5. ep. 88. the King by his Ambassadours, and the Bishops by their messengers, did swear in the Court of Rome, that they would stand to the Popes judgement; p. 419for among the terms of the Kings reconciliation by the Popes Legats, this was one of the chief:Ep. 9…. that he should utterly disclaim the wicked Statutes of Clarendon, and all the evil customs, which in his dayes were brought into the Church: and if there were any evil before, they should be moderated according to the Popes command, and by the advice of Religious Persons. Thus after so many years contest were the Rights of the Crown and the Customs of his predecessours given up by this great Prince; so true was that saying of Becket, that their Church had thriven by opposition to Princes. Petr. Bles. ep. 136.And if Petrus Blesensis may be believed, this King stooped so low▪ upon the Rebellion of his Son, as to acknowledge his Kingdom to be Feudatary to the Pope. The Authority of which Epistle is made use of not only by Baronius, Baron. A. 1173. n. 8.but by Bellarmin and others, to prove,Bellarm. Apolog. 8. that the King of England is Feudatary to the Pope, Torto c. 3.or that he holds his Crown of him upon paying certain acknowledgments;B…can. contr. Anglic. q 9. which it is hardly possible to conceive a Prince that understood and valued his own Rights so well as Henry the second did, should ever be brought so low to confess, without the least ground for it. For when it was challenged by Gregory the seventh, it was utterly denyed by William p. 420the Conquerour, and never that we find so much as challenged afterwards of any lawful Prince, by way of Fee before his time, but only in regard of the Popes temporal Power over all Princes. Although a late French Monk who published Lanfranc's Epistles, D' Acher. not. in Epistol. Lanfra…c. 7. p. 347.wonders it should be denyed because of the Tribute anciently paid to Rome, viz. of the Peter-pence, which were not so called because paid to S. Peters pretended Successours, but because payable on S. Peters day, as appears by the Law of Canutus to that Purpose; and were only Eleemosynary for the sustenance of poor Scholars at Rome, as the late publisher of Petrus Blesensis confesses:Vit. P…tr. Bles. who withal adds that Henry the second denyed their payment, but was perswaded to it again by Petrus Blesensis; and him he acknowledges to have been the Writer of the foregoing Epistle. And we must consider that he was alwayes a secret Friend of Becket and his Cause in the whole quarrel, and being imployed by the King in his straits to write to the Pope to excommunicate his Son, he knowing very well the prevalent arguments in the Court of Rome might strain a complement in the behalf of his Master to the Pope, for which he had little cause to thank him; although it may be, Petrus Blesensis expressed his p. 421own mind, whether it were the Kings or no.

And we have no ground that I can find, to imagin this to have been the Kings mind in the least; for upon his submission a Clause was inse…ted,L. 5. ep. 95. Hov…de…. p. 303. that he was no longer to own the Pope, than the Pope treated him as a Christian and Catholick King; and as the Popes predecessours had done …is. And after the writing of that Letter and the reconciliation with his Son, Radulphus de Diceto, Dean of S. Pauls about that time, hath an Authentick Epistle of Henry the second to the Pope,Ra… lph. de Di…eto Imag. histor. p 591. wherein he acknowledges no more than the common observance which was usual with all Princes in that Age, whereas Feudatary Princes write after another Form. So that I cannot but think it to be a meer complement of Petrus Blesensis without the Kings knowledge, or else a Clause inserted since his time, by those who knew where to put in convenient passages for the advantage of the Roman See.

It is said by some, that Henry the second A. D. 1176. did revive the Statutes of Clarendon which the Pope and Becket opposed so much, in the Parliament called at Northampton.Ge…vas. D…obern. 1433. It is true that Gervase of Canterbury doth say, that the King did renew p. 422the Assise of Clarendon, for whose execrable Statutes Becket suffered; but he doth not say, that he renewed those Statutes; but others which are particularly enumerated by Hoveden, Hoveden. p. 314.upon the distributing t…e Kingdom into six Circuits, and appointing the itinerant Judges, who were made to swear that they would keep themselves, and make others to observe the following Assises, (as the Statutes were then called:) but they all concerned matters of Law and Civil Iustice, without any mention of the other famous Statutes about Ecclesiastical matters. Whereas at the same time it is said that King Henry the second granted to the Popes Legat, though against the advice of his great and Wise men,Mat. Pa…is p. 133. that Clergy-men should not be summon'd before Secular Tribunals, Radulph. de Diceto. p. 591.but only in case of the Kings Forest, and of Lay-fees; which is directly contrary to the Statute of Clarendon: but some men love to heap things together, without well considering how they agree with each other; and so make the King in the same page to null and establish the same Statutes.

But it is observable, that after all this contest about the exemption of Clergy-men, and the Kings readiness to yield it, they were made weary of it at last themselves; p. 423for as Richard (Beckets successour in the See of Canterbury) saith, in his Letter to the three Bishops, that were then three of the Kings Iustices, Pet. Bl…s. ep. 73.the killing of a Clergy-man was more remisly punished, than the stealing of a Sheep: and therefore the Archbishop perswades them, to call in the Secular Arm against Ecclesiastical Malefactors. And now in his opinion the Canons and Councils are all for it, and Beckets arguments are slighted; and no regard had to the Cause he suffered for, when he found what mischief this impunity brought upon themselves. But for this giving up their Liberties, the Monks revenge themselves on the memory of this Archbishop; as one that yielded up those blessed priviledges which Becket had purchased with his blood.

Notwithstanding the sufferings the King had undergone by his opposing the Ecclesiastical encroachments, we may see what apprehension after all he had of the declension of his own power, and the miserable condition the Church was in by those priviledges they had obtained, by that notable discourse which Gervase of Canterbury relates the King had with the Bishops in the time of Baldwin Archbishop of Canterbury; G…rvas. Dorob…rn. p. 1595.wherein with tears he tells them, that p. 424he was a miserable man, and no King; or if a King, he ha… only the name and not the power of a King: that the Kingdom of England was once a rich and glorious Kingdom, but now a very small share of it was left to his Government. And then gives a sad account of the strange degeneracy both of the Monks and Clergy; and what, saith he, in the day of judgement shall we say to these things? Besides, Those of Rome see our Weakness and domineer over us, they sell their Letters to us, they do not seek justice but contentions, they multiply appeals, and draw suits to Rome, and when they look only after Money, they confound Truth and overthrow peace. What shall we say to these things? how shall we answer them at Gods dreadful Iudgement? Go and advise together about some effectual course to prevent these enormities. Was this spoken like a Feudatary of the Popes? and not rather like a wi…e and pious Prince, who not only saw the miseries that came upon the Kingdom and Church by these encroachments of Ecclesiastical Power, but was yet willing to do his best to redress them, if the great Clergy would have concurred with him in it: who were a little moved for the present with the Kings Tears and pathetical speech, but the impression did p. 425soon wear off from their minds; and things grew worse and worse, by the daily increase of the Papal Tyranny. And when this great Prince was very near his end, some of the Monks of Canterbury were sent over to him, who had been extreamly …roublesome to himself and the Kingdom, as well as to the Archbishop by their continual Appeals to the Court of Rome; and they told the King, the Convent of Canterbury saluted him as their Lord; I have been, said the King,G…vas. p. 1545. and am and will be Your Lord, Ye wicked Traytors; Upon which one of the Monks very loyally cursed him, and he dyed, saith Gervase, within seven dayes.

§. 17. Having thus far shewed that the Controversie between the Ecclesiastical and Civil Power, was accounted a Cause of Religion by the managers of the Ecclesiastical Power, and that so far, that the great Defender of it is to this day accounted a Saint and a Martyr, for suffering in it, I now come to shew that the ancient panal Laws were made against that very Cause which Becket suffered for. After the death of Henry the second, Beckets Cause triumphed much more than it had done before; for in the time of Richard the first, the great p. 426affairs of the Nation were managed by the Popes Legats during the Kings absence, and after his return scarce any opposition was made to the Popes Bulls, which came over very frequently; (unless it were against one about the Canons of Lambeth, wherein the King and Archbishop were forced to submit) no hindrance made to Appeals; and even in Normandy the Ecclesiastical Power got the better after long contests,… …e Di…to Ima… ▪ hist. p. 657. In the latter end of Richard the first the Pope began to take upon him the disposal of the best Ecclesiastical preferments in England, either by translation, or Provision, or Collation; which,Fi…z S…eph. vi… S. …. Fitz Stephen saith that Henry 2. told those about him, (after the four Courti…rs were gone for England to murder Becket) was the design Becket intended to carry on, viz. to take away all Right of Patronage from the King and all Lay-Persons, and so bring the gift of all Church-preferments to the Pope, or others under him. Upon the agreement of King Iohn with the Popes Legat he renounced all right of Patronage, and gave it to the Pope; but it is no wonder in him, who so meekly resigned his Crown to the Popes Legat, and did swear homage to the Pope, declaring that he held the Kingdom in Fee from him upon the annual payment of a thousand Marks. And I desire it may be p. 427observed that the Oath of Fealty extant in Matthew Paris. Mat▪ Paris. p. 235, 236, 237.and the Records of the Tower, and the Vatican Register, which King Iohn made to the Pope, Odor. Raynqld A. 1213. n. 75, 81.hath no other expressions in it, than are contained in the Oath which all the Popish Bishops now take at their consecration,Mat. Westminst. ad A. D. 1213. Sr. Tho. Moor's Supplication of Souls. p▪ 29…. only with the variation of necessary circumstances. And although Sr. Tho. Moor once denyed any such thing as King Iohns Resignation of his Crown, yet the matter is now past all dispute by the concurrence of the Records of the Tower, and the Vatican Register, and the Authentick Bull of the Pope, B…ll. I…ocent, 3. in Bib…ioth. Cotton. I…oc…nt. 3. R…g…st. 16. n. 79.and the Epistles of Innocent the third, published out of MS. by Bosquet now a Bishop in France; wherein, the devout Pope attributes thus resignation of his Crown to no less than the inspiration of the Holy Ghost: and saith, the Kingdom of England was then become a Royal Priesthood: and in another Bull he accepts of the Resignation, Odor. Raynald. A. 1213. n. 88.and declares that whereas before these Provinces were subject to the Roman Church in Spirituals, they were now become subject in Temporals too: and from hence he requires an Oath of Fealty from himself, and all his Successors, and charges all persons under severe penalties not to dare to infringe this Charter. Regest. Innocent. 3. l. 16. ep. 131.And although the Parliament, p. 42840 Edw. 3. did deny the payment of the Popes Tribute upon the invalidity of King John's Charter, not being done by the consent of the Barons (as the Pope said it was) yet we are to consider what Gregory the seventh said to the Princes of Spain, that a Kingdom once belonging to the See of Rome can never be alienated from it, Gr…g. l. 1. ep▪ 7.but although the Use be discontinued, yet the Right still continues: so that although the thing be never so much null and vain in it self, yet it still serves for pretence to usurp the same temporal Power over our Princes, when opportunity serves them.Mat. Paris. A. 1216. p. 289. And it is certain that Henry the third did swear homage and Fealty to the Pope at his Coronation, and promised to pay the tribute; which was performed several times in his Reign, till the King and People protested against it in the Council of Lyons, Mat. Paris A. 1245. p. 666.as a grievance of the Kingdom, which was extorted by the Roman Court unjustly in a time of War, and to which the Nobles had never consented, and never would. …. p. 681.But whatever opinion the Nobles were of, the Pope had the Bishops sure to him, for upon his Message to them they all set their hands to King John's Charter of Resignation; which highly provoked the King, and made him swear that he would stand for the Liberty p. 429of the Kingdom, and never pay the Tribute more while he breathed. In the same Council the English complained, that infinite numbers of Italians were beneficed among them, that more money went out of England every year into Italy than the Kings Revenues came to, that the Popes Legats grew more intolerable, and by reservations, and Provisions, and one trick or other, the Patrons were defrauded of their Right, and the Clergy impoverished by unreasonable pensions; and whoever would not presently submit, his Soul was immediately put into the Devils Custody by Excommunication. Notwithstanding all these complaints, the Pope goes on in the same way with them, and resolved to try how much the Asses back would bear without kicking: the English Ambassadours go away highly incensed from the Council, and resolved to defend their own rights: but they yet wanted a Prince of Spirit enough to head them.Mat. Paris A. 1231. p. 371. Before this time the insolence of the Roman Clergy was grown so intolerable to the Nation, that the Nobility and Commonalty joyned together in a resolution to free themselves from this Yoke, and threated the Bishops to burn their goods if they went about to defend them; they sent abroad their Letters to several places, p. 430with a Seal with two swords, between which were written Ecce duo gladii hic, in abuse of the Roman Court; and it seems they destroyed the goods of several Roman Clergy-men; but Matt. Paris saith, they were all excommunicated by the Bishop of London and ten Bishops more: although Matt. Mestminster saith,Mat. W…stimi…st 1232. p. 292. the Bishop of London was cited to Rome, for favouring them, and having his Purse well emptied was sent home again. It seems the Pope was so nettled at the Remonstrance of the English Nobility at the Council of Lyons, that he entred into a secret consultation with the King of France either to depose the King of England, Mat. Pa…is A. 1246. p. 691.or to bring him wholly to his will, so that neither he nor his people should so much as dare to mutter against the oppressions of the Roman Court: and the Pope offered the utmost assistance of his Power for it, but the King of France declined the employment. However the Pope goes on with his work and grants a Bull for raising ten thousand Marks out of vacant Benefices in the Province of Canterbury, which so incensed the King,Id. p. 69…. that he made at Proclamation, that whosoever brought Bulls of Provision from Rome should be taken and imprisoned; but this did little good▪ saith Matth. Paris, because p. 431of the uncertain humour of the King. The same year a Parliament was called about the intolerable grievances of the Roman Court, Id▪ p. 696.in which many of the Bishops favoured the Popes party: but at the Parliaments meeting at Winchester, the Ambassadors were returned from the Pope, who gave a lamentable account of their Ambassy, viz. that instead of any redress, the Pope told them the King of England kicks and playes the Frederick (whom he had deposed from the Empire in the Council, of Lyons) he hath his Council, and I have mine, which I will follow; and withal they say,Id. p. 709. they were scorned and despised as a company of Schismaticks for daring to complain. Upon this the King issues out another Proclamation, that no money should be sent out of England to the Pope. At which the Pope was so enraged, that he sent a severe Message to the Bishops of England under pain of excommunication and suspension, to see his Money punctually paid to his Nuntio by such a day in London; and the King by the perswasion of the Bishop of Worcester and some others, fairly yields, and gives up the Cause to the Pope. After this the Pope sends for a third part of the profits of all Benefices from Residents, Id. p. 7…6.and half from Non-residents, with an Italian Gentleman p. 432called Non obstante, that had almost undone the Nation: the Clergie meet at London about it, and make a grievous Remonstrance of their sad condition; declaring, that the whole Kingdom could not satisfie the Popes demands; Id. p. 719.but it seems, the Bishops brought the inferiour Clergie to it against the consent of the King and Parliament. The next year the Parliament made another Remonstrance of the grievances of the Clergie and People of England, which they sent to the Pope and Cardinals; Id. p. 721.wherein they declare, that it was impossible for them to bear the burdens laid upon them; that the Kings necessities could not be supplyed, nor the Kingdom preserved if such payments were made; that the goods of all the Clergie of England would not make up the summ demanded: but all the effect of this was only a promise, that for the future the Kings leave should be desired; which, saith Matthew Paris, came to as much as nothing. By which we may judge of the miserable condition of this Nation under the intolerable Usurpations of the Court of Rome.

§. 18. After so long tryal of the Court of Rome, by Embassies, Remonstrances, and all fair wayes, and no success at all by them, p. 433at last they resolved upon making severe Laws (the last Reason of Parliaments) and to see what effect this would have upon the Clergie for the recovering the antient Rights of the Crown. For, we are to consider, that the Controversie still was carryed on under the same pretence of the Ecclesiastical and Civil Power; and it is a foo…ish thing to judge of the sense of the Ruling Clergie at that time by the Acts of Parliament and Statutes of Provisors and Praemunire. For by this time, the Pope had them in such firm dependence upon him, and they were fed by such continual hopes from the Court of Rome, that they were very hardly brought to consent to any restraints of the Papal Power; and in the Parliament 13 Rich. 2. The Archbishops of Canterbury and York for them and the whole Clergie of their Provinces made their solemn Protestation in open Parliament that they in no wise meant, or would assent to any Statute or Law made in restraint of the Popes Authority, but utterly withstood the same; the which their Protestations at their requests were enrolled; as that Learned Antiquary Sr. Robert Cotton hath shewed out of the Records of the Tower. Abri…gement of the Records of the Tower, 13 R. 2. p. 332.By which we see the whole Body of the Clergie, were for the most exorbitant Power of the Pope, and would not consent to p. 434any Statutes made against it: So that what Reformation was made in these matters was Parliamentary even in that time, and I do not question, but the Friends to the Papal interest made the very same objections then against those Poenal Statutes of Provisors and Praemunire, that others since have done against the Laws made since the Reformation. And all that were sincere for the Court of Rome did as much believe it to be meer Usurpation in the Parliament, to make any Laws in these matters; For was the King Head of the Church? might he not as well administer Sa…raments, as make Laws in deregation of the Popes Authority and Iurisdiction? What was this, but to make a Parliamentary Religion, to own the Popes Sovereign Power no farther than they thought fit? If any thing were amiss, they ought humbly to represent it to his Holiness, and to wait his time for the Reforming abuses; and not upon their own Heads, and without so much as the consent of their Clergie to make Laws about the restraint of that Power which Christ hath set up in his Church. How can this be done without judging what the Pope hath done to be amiss? and who dares say, that his Holiness can so much err, as to aim at nothing p. 435but his own profits, without any regard to the good of the Church? What! are they not all members, and will they dare take upon them to judge their Head? What! Sons rise up against their Father, and Secular men take upon them to condemn the things which Christs Vicar upon earth allows? What! and after all the Sufferings and Martyrdom of S. Thomas of Canterbury, that ever we should live to see a Parliament of England make Laws against that good Old Cause, for which he dyed? This is but to increase the number of Confessors and Martyrs, as all those will be, who suffer by these Laws. For do they not plainly suffer for Conscience and Religion, although the Parliament may call it Treason? What an honour it is rather to suffer than to betray the Churches Liberty for which Christ dyed? or to disobey the Head of the Church who commands those things which the Parliament forbids? And must we not obey God rather than men?

After this manner we may reasonably suppose the Roman Clergie and their adherents at that time to have argued: but it is well Mr. Cressy at least allows these Stasutes of Provisors and Praemunire, and boasts of the Loyalty of those Ancestors p. 436that made them: but I fear he hath not well considered the occasions and circumstances of them, and what opposition the Papal Clergie made against them, or else I should think he could not afterwards have declaimed so much against the injustice and cruelty of our Poenal Laws. But even those antient Statutes were passed with so much difficulty, and executed with so little care, that they by no means proved a sufficient salve for the sore they were intended for, as will appear by this true account of them.

§. 19. In the time of Edward the first, who was a Prince both wise and resolute; the grievances of the Kingdom, (by his connivance at the Papal encroachments for a long time,) grew to that height, that some effectual course was necessary to recover the antient Rights of the Crown, which had now been so long buried, that they were almost forgotten; but an occasion happened which for the time throughly awaked him to a consideration of them. Bonif. 8. out of a desire still to advance Ecclesiastical Liberty, had made a Constitution, strictly forbidding any Clergie-man paying any Taxes whatsoever to Princes, without the Popes consent; and both the payers and receivers p. 437were to fall under excommunication ipso facto not to be taken off without immediate Authority from the Court of Rome, unless it were at the point of death. Not long after this, the King demands a supply in Parliament, the Clergie unanimously refuse on account of the Popes Bull, the King bids them advise better, and return a satisfactory Answer; at the time appointed Winchelsea then Archbishop of Canterbury, in the name of the whole Clergie declares, That they owed more obedience to the Pope than to the King, Kinghton de event. Angl. l. 3. c. 5.he being their Spiritual, and the King only a Temporal Soveraign; but to give satisfaction to both, they desire leave to send to the Pope. At which saucy answer the King was so much provoked, that he put the whole Clergie out of his Protection, and seized upon their Lands; for which an Act of Parliament was made to that purpose saith Thorn. Ch…o…i…. W▪ Thor…. A 1…96. p. 1965.And although many of the Clergie submitted and bought their peace at dear rates, yet Winchelsea stood it out, ready, saith Knighton, to dye for the Church of Christ: which if he had done, there might have been a S. Robert as good a Martyr, as S. Thomas of Canterbury: For our Historians say, this Constitution of the Pope was procured by Winchelsea's means;… A. … p. 69 and he caused it to be pulished p. 438in all Cathedral Churches. After this, the King sends a prohibition to the Bishops, against doing any thing to the prejudice of himself or his Ministers: …and another, against all excommunications of those who should execute this Law; and herein he declares,… that the doing such a thing would be a notorious injury, to his Crown and Dignity a great scandal to the people, the destruction of the Church, and it may be the subversion of the whole Kingdom; …. …5 E. 1. M. 8.and therefore he charges them by vertue of their Allegiance, that they should forbear doing it. At the same time he issued out Writs for apprehending and imprisoning all such persons as should presume to excommunicate any of his Subjects on the accont of this Bull of Pope Boniface: Pat. 25 E. 1. M. 12.and our Learned Lawyers mention out of their Books, Davis Case of Praem. Cooks Report. l. 5.a Person condemned for Treason in this Kings time for bringing a Bull of excommunication against one of the Kings subjects; but although they do not mention the time, it seems most probable to have been upon this occasion.Answ. to Cooks Rep. 5. par.… ▪ 26… ▪ Parsons laughs at Sr. Edw. Cook for saying, this was Treason by the antient Comm…n Law, before any Statutes were made; but it doth sufficiently appear by the foregoing Discourse, that this was looked on as one of the antient Rights of the p. 339Crown, that no forreign Authority should exercise any jurisdiction here without the Kings consent. Besides, this King revived another of the antient Customs, forbidding all Persons of the Clergie or La…ty to go out of the Kingdom without his leave, … 25 Ed. … M. 25.and so stopt the freedom of Appeals to the Pope; and by the Statute of Carlisle, 35 Edw. …. All Religious Houses were forbidden sending any Moneyes over to those of their Order beyond Sea, although required to do it by those Superiours whom they thought themselves bound in conscience to obey: And it appears by the Statute of Provisors 25 Edw. 3. that the first Statute of this kind was made in this Kings time, at the Parliament at Carlisle; notwithstanding that the Pope challenged the liberty of Provisions as a part of the plenitude of his Power. Cl…ment. l. 2. c 1. …But although this Statute were then made, yet it had the fortune of many good Laws, not to be executed: and therefore in Edward the thirds time the Commons earnestly pressed for the revival of it 17 Edw. 3.A…ridgeme…t of Records. p. 41. upon which they sent for the Statute of Carlisle; and then, sayes the Record, the Act of Provision was made by the common consent, forbidding the bringing of Bulls or such trinkets from the Court of Rome; and in the next Parliament it was p. 440enacted,Abridgement of Records, p. 64. that whosoever should by process in the Court of Rome seek to reverse judgement given in the Kings Courts, that he should be taken and brought to answer, and upon conviction to be banished the Realm, or be under perpetual imprisonment, or if not found, to be out-lawed. But notwithstanding these Laws, the Commons 21 Edw. 3. complain still, that Provisions went on in despight of the King: Ib.and judgements were reversed by Process in the Court of Rome; and therefore they pray that judgement may be executed upon delinquents; and this matter brought into a perpetual Statute, as had been often desired: the King grants their desire, and the Commons bring in a Bill to that purpose, extant in the Records: but the Statute of Provisors did not pass till 25 Edw. 3. which is the common Statute in the printed Books: yet soon after, we find that the Commons pray for the execution of it; and the Kings answer was, that he would have it new read and amended: P. 80.then 27 Edw. 3. passed that other Statute of Praemunire, against Appeals in Civil Causes to the Court of Rome; which we have seen Becket made a considerable part of the Churches Liberty which Christ had purchased, and practised it himself at Northampton, appealing from p. 441King and his Parliament to the Pope in a meer Civil Cause of Accompts between the King and him. Yet after all these Statutes 38 Edw. 3. a Re-enforcement of them was thought necessary in another Statute made that year against Citations to Rome, P. 100.and Provisions; wherein are grievous complaints, that the good antient Laws were still impeached, blemished and confounded, the Crown of our Lord the King abated, and his person very hardly and falsly defamed, the treasure and riches of the Kingdom carryed away, the inhabitants and subjects of the Realm impoverished and troubled, the Benefices of the Church wasted and destroyed, Divine Services, Hospitalities, Alms deeds, and other Works of Charity withdrawn and set apart, the Great men, Commons and Subjects of the Realm in body and goods damnified: And yet Sr. R. C. saith, that in the Record are more biting words▪ a Mysterie, he saith, not to be known of all men. In 40 Edw. 3. It was declared in Parliament by common consent, that if the Pope should attempt any thing, against the King by process, or other matters in deed, P. 10….that the King with all his Subjects should with all their force and power resist the same. Yet still so deep rooting had the Popes power gotten in this Nation, that p. 44247 Edw. 3. The Commons beg remedy still against the Popes provisions, P. 119.and complain that the Treasure of the Realm was carryed away, which they cannot bear; and 50 Edw. 3. A long Bill was brought in against the Popes Usurpations, as being the Cause of all the Plagues, P. 128.injuries, famine and poverty of the Realm; and there they complain, notwithstanding all former Laws, that the Popes Collector kept his Court in London as it were one of the Kings Courts, P. 129.transporting yearly to the Pope twenty thousand Marks, and commonly more: and that Cardinals and other Aliens by reason of their preferments here have sent over yearly twenty thousand Marks; and that the Pope to ransom the Kings enemies did at his pleasure levy a Subsidy of the Clergie of England; and that to advance his gain he did commonly make translations of Bishopricks and other Dignities within the Realm; and therefore again the Commons pray the Statutes against Provisors may be renewed: P. 147.which they repeated 51 Edw. 3. but all the answer they cou…d get was, that the Pope and promised redress, the which if he do not, the Laws therein shall stand: but upon another Petition,P. 15…. promise was made, that the Statutes should be observed. In 1 R. 2.P. 161. the Commons are at it again upon p. 443the same complaints: and it is declared to be one Cause of calling the Parliament 3 R. 2. and an Act then passed,P. 182. wherein as Sr. R. C. observes, the Print makes no mention of the Popes abuses, which the Record expresly sets down, P. 186.and that the Pope had broken promise with Edward the third, and granted preferments in England to the Kings enemies. 7 R. 2. another Statute was made against Provisions, P. 295.wherein the Print differs from the Record, as the same Person desires it may be noted. 11 R. 2. the Commons pray that those that bring in the Popes Bulls of Volumus and Imponimus may be reputed for Traytors. P. 324.13 R. 2. the Statute of Provisors was again confirmed, P. 333.notwithstanding the Protestations of the Bishops in Parliament against any Statute made in restraint of the Popes Authority: and a Praemunire added against those that bring any sentence of excommunication against those that execute it. 15 R. 2. the Archbishop of York being Chancellor told the Parliament one of the Causes of calling them,P. 341. was the restoring to the Pope what belonged to him about Provisions; but in the same Parliament Sr. William Brian was sent to the Tower, for bringing a Bull from Rome against some that had robbed him, which Bull being read, was judged prejudicial to p. 444the King, his Council, and in derogation to his Laws. 16 R. 2. the Commons grant to the King, P. 347.that by the advice of his Lords and Commons, he should have power to moderate the Statute of Provisions to the honour of God, saving the Rights of the Crown: so as the same be declared the next Parliament, to the end the Commons may then agree or no. In this Parliament happened an extraordinary thing,P. 348. For William Courtny Archbishop of Canterbury made his Protestation in open Parliament, saying, That the Pope ought not to Excommunicate any Bishop, or intermeddle for, or touching any presentation to any Ecclesiastical dignity recovered in any of the Kings Courts; He further protested, that the Pope ought to make no translations to any Bishoprick within the Realm against the Kings will: for that the same was the destruction of the Realm and Crown of England which hath alwayes been so free, as the same hath had none earthly Soveraign, but only subject to God in all things touching Regalities, and to none other; the which his protestation he prayed might be entred. Then passed the famous Statute of Praemunire upon occasion of the Popes Bulls of excommunication coming into England against certain Bishops, who it seems at last, were brought to obey the p. 445Laws; and that which the Archbishop of Canterbury protested was a part of the Statute, wherein the Commons not only declared their resolution to live and dye with the King in defence of the Liberties of the Crown against the Papal Usurpations; but moreover they pray and in justice require that he would examin all the Lords as well Spiritual as Temporal severally, and all the States of the Parliament, how they think of the cases aforesaid, which be so openly against the Kings Crown, and in derogation of his Regality, and how they will stand in the same cases with our Lord the King in upholding the Rights of the said Crown and Regality. By which it appears that the Commons had a great suspicion of the Spiritual Lords; And it seems they had reason, for the Temporal Lords declared frankly their concurrence with the Commons, and that the Cases mentioned were clearly in derogation of the Crown, as it is well known and hath been a long time known. Mr. Cressy would make us believe that all the Bishops present, Ep…st. Apol. p. 113.and the Procurators of the absent unanimously assented; but the very words of the Statute say the contrary; for there it is added, that the Lords Spiritual did make their Protestation first, that it is not their mind to deny or affirm that p. 446the Bishop of Rome may not excommunicate Bishops, nor that he may make translation of Prelates after the Law of Holy Church: (but it seems by the Records the Archbishop of Canterbury alone spoke plain to the sense of the Parliament, and entred his Protestation different from the rest.) Neither do the… declare their assent to the freedom of the Crown of England from all earthly subjection; and that it is immediately subject to God in all things touching the Regalities of the same, and not subject to the Pope; (which they touch not upon) but only with several clauses of Reservation about processes, excommunications and translations, they declare in such and such cases, they are against the King and his Crown: and in these cases they would be with the King in maintaining of his Crown, and in all other cases touching his Crown and Regality, as they be bound by their liegeance; which are words very ambiguous, and imply a secret reservation of salvo Ordine suo, & jure Ecclesiae, or with a salvo to the Oath they had taken to the Pope. But however the Act passed, and a praemunire by it lyes against all that procure or bring Bulls, or any other things whatsoever which touch the King against him his Crown and Regality or his Realm, By this Statute, p. 447the Parliament 1 H. 4. declared,Abridgement of Records. p. 387. that the Crown of England was freed from the Pope and all other foreign Power; and it was one of the articl…s against Rich. 2. at his deposition, that notwithstanding the Statutes, he procured the P…pes excommunication on such as brake the last Parliament in derogation of the Crown, Statutes, and Laws of the Realm. And yet we find new Statutes of Provisors made 2 H. 4. c. 3, 4. 6 H. 4. c. 57. 7 H. 4. c. 6, 8. 9 H. 4. c. 8. In the 1 H. 5. it was again enacted that all Statutes made against Provisors from Rome should be observed.