An ansvvere to the fifth part of Reportes lately set forth by Syr Edvvard Cooke Knight, the Kinges Attorney generall Concerning the ancient & moderne municipall lawes of England, vvhich do apperteyne to spirituall power & iurisdiction. By occasion vvherof, & of the principall question set dovvne in the sequent page, there is laid forth an euident, plaine, & perspicuous demonstration of the continuance of Catholicke religion in England, from our first Kings christened, vnto these dayes. By a Catholicke deuyne.

The fourth Demonstration.

4 1.137. The fourth argument, is gathered out of that which be∣fore we haue mentioned in the precedent chapter, of confirma∣tions of Churches, Hospitalls, Monasteryes, and other pious workes, that are to be perpetuall, and of priuiledges immuni∣tyes, and exemptions, graunted thervnto; which alwaies were demaunded of the Sea Apostolike in these dayes (as they are now in ours) and their foundation was neuer held for firme to per∣petuity, without the said confirmation, and ratification of the Bishop of Rome, which is a signe that they acknowledged his su∣preme spirituall authority, and that it was not in their temporall Kings: especially for so much as the said Kings themselues, did sue to Rome for such confirmation, ratification, and spirituall priuiledges, as the workes by them founded had need of.

38. And of this, infinite examples might be shewed through∣out all this tyme before the Conquest, but I must moderate my self, as well in this, as in the former; and therfore shall touch some few only and those all as briefly as I can, for that this cha∣pter groweth to be ouerlong. We haue shewed how King Ethel∣bert ••or the first Monastery that euer was in England, within foure yeares after his conuersion, procured confirmation and exemp∣tion

therof from S. Augustine Archbishop and Legate of Pope Gre∣gory: and how S. Mellitus some yeares after that, being the third Archbishop of the same Sea, went to Rome in person, about the confirmation of his Monastery of VVestminster (by Pope Bonifa∣cius) and how Pope Honorius after him againe graunted priuiled∣ges to the Churches of Canterbury and Yorke, at the petition of King Oswyn of Northumberland, & of King Egbert of Kent. And this course was held afterward by all other Kings, in the founding of Churches, Monasteries and other pious workes; to wit that they made recourse vnto Rome and the Bishops therof, for the confirmation, ratification, establishment, priuiledges & exemp∣tions of the same in spirituall matters, which by all likelyhoode they would not haue done, if these Kings had thought them∣selues to haue had sufficient authoritie, from their Crownes, to doe the same without dependance from the Sea Apostolicke.

39. We reade in S. Bede that in the time of King Egfrid and S. Theodorus before mētioned the seuenth Archbishop of Canterbury, * 1.2 about the yeare of Christ 680. one Biscopus an Abbot, other∣wise called Benedict, hauing by the licence and liberality of the said King, builded a Monastery neere to the mouth of the riuer VVyer, went by consent of the sayd King to Rome, to aske confir∣mation and priuiledges of Pope Agatho: He demaunded and receaued (saith S. Bede) of Pope Agatho a letter of priuiledge, * 1.3 confirmed by his A∣postolicall authority, for the defence and strengthning of the liberty of his Mo∣nastery, according to the will and meaning of King Egfrid, by whose licence and liberall gift of lands aud possessions, he had erected the same Monastery. So Bede. Who also in another parte of his workes, writing the life of S. Bertolphus a holy Abbot, saith: that in the dayes of Hono∣rius the Pope, for that a certaine Bishop went about to molest the said holy mans Monastery, * 1.4 he made a iourney to Rome to demaund franquises and exemption for the same, from the said Episcopall authority: Cui praebuit (saith Bede) optatum munus sanctus Papa, priuilegia scilicet Apostolicae sedis, quatenus nullus Episcoporum, in praefato Coenobio quolibet iure dominari conaretur. * 1.5 Vnto which holy man, the holy Pope Honorius gaue the gifte which he desired, to wit the priuiledges of the Apostolicall Sea, to the end that no Bishop vnder any pretēce of right whatsoeuer, should goe about for the tyme to come, to take vpon him any dominion in that his Monastery.

40. Furthermore some few yeares after this againe, vnder

Pope Sergius, there went to Rome to be baptized, the famous young King Ceadwalla of the West-saxons, * 1.6 of whome Malmesbury saith: Tantum etiam ante baptismum inseruierat pietati, vt omnes ma∣nubias quas iure Praelatorio in suos vsus transcripserat, Deo decimaret. He did obserue such piety euen before his baptisme, as he gaue to God the tythes of all his spoyles, which he had applied to his owne vse out of the bootyes he had gotten of his enemyes; Of whose baptisme and death in Rome we shall haue occasion to speake after. * 1.7 To whome the famous King Inas succeeded both in his Kingdome and vertues. And with both of them was in∣singular credit, the holy Abbot S. Adelmus, afterward by the said Inas, made Bishop of Shirborne, who going to Rome with the said Ceadwalla, retourned after his death, and carried with him saith Malmesbury, * 1.8 Priuilegium quod pro libertate Monasteriorum suorum ab Apo∣stolico Sergio impetrauerat, quod libens Inas confirmauit, & multa Dei fa∣mulis eius hortatu contulit, & ad extremum renitentem Episcopatu honora∣uit. He brought from Rome the priuiledge for the liberties, or fran∣quises of his Monasteryes, which he had obteyned of Sergius Bis∣hop of the Sea Apostolicke; which priuiledge King Inas did wil∣lingly confirme, and by his persuasions did bestowe many bene∣fits vpon Gods seruants, and last of all honoured him also with A Bishopricke (to witt of Shirborne) though he resisted the same what he could.

41. And moreouer he saith of the same King, & of his respect vnto the aforesaid Saint and learned Bishop (for Malmesbury saith he wrote an excellent booke of virginity, * 1.9 dedicated to the Nunns of Berkensteed, * 1.10 wherby many were moued to that holy kinde of life): eius pracepta audiebat humiliter, suscipiebat granditer, adimplebat hilariter. King Inas did harken to the precepts of Adelm•••• with humility, receaued the same with great estimation, and fulfilled them with alacrity. And this point concerning the pri∣uiledges of Monasteries, fell out about the yeare 687. and in the number of these Monasteries, * 1.11 the same Malmesbury treating of the yeare 1140. in King Stephens time, saith that the Abbey of Malmesbury was one: and in the former, he signifieth that Inas ob∣teyned also, the like priuiledges for diuers Monasteryes: Reg••is sumptibus nobiliter a se excitatis. Nobly erected by him with royall expences: and that the Abbey of Glastenbury was one, whose most ample priuiledges both from Popes, and diuerse Prin∣ces, were renewed and ratifyed againe largly in K. Henry the

second his time, as all our historyes doe sett downe.

42. And all this hapned out in the first age of our primitiue Church, and it would be ouerlong to run ouer the rest with like enumeration, but yet some few more examples we shall touch, as they offer themselues in order. And first we read that imme∣diately after this first age, to wit in the yeare of Christ 70••. two famous Kings, Kenredus of the Mercians, and Offa of the East-saxons, leauing voluntarily their Kingdomes, and going vpon deuotion to Rome, there to leade and end their liues, in prayers, almes, & other pious exercises, there went with them as ghostly-father and directour of that deuout iourney (as after more lar∣gely shalbe shewed) Egwyn third Bishop or VVorcester, * 1.12 as Florentius declareth, who retourning home required of them, as it semeth no other reward, but that by their intercession and his owne, he might obteyne of Pope Constantine, and Charter of priui∣ledges, for a monastery of his, newly erected within the terri∣tory of VVorcester, which the said two Kings had endued with many temporall possessions; and so he did, and retourned with great contentment for the said priuiledges and exemptions ob∣teyned for his foresaid Abbey of Euesham. (for soe it was called) And by this we see, that he did not holde his said Abbey for se∣cure, * 1.13 and well defended, by the prouisions of the said Kings, except he had obteyned also his confirmation therof from Rome.

43. Next after this we read, of the foresaid famous King Offa of the Mercians, who meaning to buylde a royall, & stately Mo∣nastery vnto the protomartyr of Englād S. Alban, went to Rome to Pope Adrian, to aske licence, confirmation, and priuiledges for the same, vpon the yeare (as Matthew of VVestminster writeth) 794. and among other exemptions (to vse his owne wordes) that he might haue it ab omni episcoporum subiectione emancipandum, * 1.14 that is to say, that it might be free and exempted from all subie∣ction of Bishops: which the Pope graunted willingly, as appe∣reth by his letter vnto the said Offa, wherin among other things he saith: Fili charissime &c.

Most deare chyld, and most potent King of the English Offa, we doe commend greatly your deuo∣tion, concerning the protomartyr of your Kingdome S. Alban, and doe most willingly giue our assent to your petition of buyl∣ding a Monastery in his memory, * 1.15 and doe priuiledge the same &c. Wherfore by the counsayle of your Bishops and noble men, you may make your Charter, and afterward we shall confirme

and strengthen the same with our letters, and exempt the sayd Monastery from all authoritie of Bishops and Archbishops, and subiect it immediatly to this our Apostolical Sea.

So VVestminster•• wherby we may see that this potent King Offa did not pursuade himself that he had authoritye by the right of his crowne, to giue Ecclesiasticall exemptions to the monasteries of his realme, though they were of his owne founding: which yet M. Attorney, as you haue seene in the former chapter, would needes proue by the example of K. Kenulsus, about whose tyme as before hath byn alleaged out of Marianus Scotus, Bishop Rethurus was sent to Rome to obteyne priuiledges for the Abbey of Abindon from the Sea Apostolicke as he did.

44. But before we passe from this example of King Offa, let vs heare the words of Mathew Paris about this fact: * 1.16 Ipse insuper (sayth he) Rex Offa in quantum potuit aliquis Rex, Coenobium sancti Albani quod ipse magnificè fundauit, liberum esse constituit in temporalibus, & vt ipsum li∣berum faceret in spiritualibus, Romam in proprio corpore adijt. This K. Offa moreouer so much as a king might doe, made the monastery of S. Albanes, which himself magnificently had founded, free in all temporall affaires, and that i•• might in like māner be free (or haue priuiledges) in spirituall matters, he went in proper per∣son to Rome &c. Behold the distinction, how a King could giue libertyes, and priuiledges in temporall things, but could procu∣re them only in spirituall from the Sea Apostolicke; which is quite opposite to all that M. Attorney affirmeth, but let vs goe forward.

45. After this againe we reade in VVilliam of Malmesbury, of the greate and godly King Edgar, who ruled ouer all England, that he hauing a speciall deuotion to the fore-mentioned Abbey of Glastenbury, wherevnto he had giuen great possessions, sent a so∣lemne embassage to Rome, vnto Pope Iohn the thirtenth, at the very same tyme, when there was a Synode there gathered to∣geather, to witt vpō the yeare 971. beseeching the said Pope, that he would confirme the priuiledges already graunted by the said King vnto the Monastery of our blessed Lady in Glastenbury, (be∣hold how the King graunteth priuiledges vnder ratihabition, in hope of ratification by the Pope) and so (saith Malmesbury) direxit ch••rographum Regiae liberalitatis, * 1.17 orans vt & ipse hoc roboraret scripto Apo∣stulicae auctoritatis. And the King directed vnto the said Pope let∣ters written with his owne hand, testifying his princely libera∣lity,

bestowed vpon the same Monastery, beseeching that the Pope also would strengthen the same with some writing of his Apostolicall authority. Which embassadge of the Kings Pope Iohn receauing benignly, and by the vniforme consent of the Councell gathered togeather, * 1.18 confirmed the said priuiledges of K. Edgar by an Apostolicall rescript, and not only did he confirme that which Edgar had done before, but added diuerse spirituall priuiledges besides, saying amongst other things thus:

VVe yelding to the humble petion of King Edgar, and Archbishop Dunstane, doe receaue the said place (of Glastenbury) into the bosome of the Roman Church, and in∣to the protection of the blessed Apostles, endewing and strengthning the same, with diuerse priuiledges, namely that the Monkes may chuse vnto themselues a Pastor or Abbot of their owne, in whose power it shalbe to prefer Monkes and Clerkes vnder him to holy orders; that no man may molest them, take, or retayne any thing of theirs, &c. Concluding in the end thus. In the name of the Fa∣ther, the Sonne, & the holy Ghost &c. euerlasting malediction to the breakers therof.

Whervnto Malmesbury addeth this con∣templation: * 1.19 perpendant ergo contemptores tantae comminationis quantae subiaceant sententiae excommunicationis. Let the contemners of so great a threat or commination consider, how heauy a sentence of ex∣communication they doe vndergoe. So he. A thing (no doubt) worthy to be remembred in these our dayes.

46, And many more examples of like priuiledges, might be al∣leadged, vnder the same King Edgar, confirmed mutually by the Pope and King, and namely one related by Ingulphus, which was giuen by a Charter of the said King vpō the yeare 970. subscribed by himself and thirty two other witnesses, * 1.20 to the Monastery of Medeshamsteed, now called Peter-burrow: Ego Edgarus totius Albionis Basileus. &c.

I Edgar King of all Albion, doe graunt most willingly that the holy, & Apostolicke Monastery of Medeshamsteed shall be free for euer from all secular causes & seruices; & that no Eccle∣siasticall or lay man shall haue dominion ouer the same or ouer the Abbot therof &c. And moreouer that it be secure eternally, * 1.21 from all worldly yoke; and that it remayne free from al Episco∣pall exaction and molestation, according to the libertyes giuen therunto by the Sea Apostolicke, and the authority of the most Reuerend Archbishop Dunstan &c. And furthermore we haue thought good to corroborate by this Charter the said priuiledges from the Sea Apostolicke of the Roman Church, according to

the first institution of the said Monastery, which whosoeuer shall presume to infringe, let him be damned eternally to hell∣fyer, by the punishment of the high Iudge S. Peter & all the order of Saints. Thus far that charter.

47. And finally not to goe further in this argument wherof infinite examples might be alleadged, I shall end with one only more to shew the perpetuity, and continuance of this vse taken out of the fifth age of our English Church, * 1.22 to witt of King Ed∣ward the Confessor, not long before the Conquest, who hauing a great desire to enlarge the Monastery of VVestminster with new buyldings and possessions, dealt with two Popes therin, to witt Leo the nynth, and Nicolas the second, asking their approbation and confirmation therof, which they graunted one after the o∣ther. Leo wrote backe vnto him in these wordes: Leo episcopus ser∣vus seruorum Dei: * 1.23 Dilecto silio suo Edwardo Anglorum Regi, salutem & A∣postolicam benedictionem. And then he beginneth his letter. Quoniam voluntatem tuam laudabilem, & Deo gratatu cognouimus, &c.

For that we haue vnderstood your intention to be laudable and gratefull to God, &c. We doe agree vnto the same, and doe commaund by our Apostolicke authoritie, that whatsoeuer possessions you haue giuen or shal giue, vnto your said Monastery of VVestminster, it be firme, and appertayne vnto the Monkes, and that the said place be subiect vnto no other lay person, but only to the King; And whatsoeuer priuiledges you shall there appoint to the ho∣nour of God, we doe graunt the same, and confirme the same by our most full authority, and doe damne finally the breakers therof vnto euerlasting malediction.

48. Thus Pope Leo the nynth, who dying vpon the yeare of Christ 1054. two-other succeded within the space of foure yeares, * 1.24 to wit Victor the second, & Stephen the tenth, after whome succeded Nicolas the second, vnto whome S. Edward made sute againe by a solemne embassage, for confirmation of his said pri∣uiledges of VVestminster and other affayres, giuing this title to his letter, * 1.25 as before hath bene noted. To the highest Father of the vniuersall church Nicolas, Edward by the grace of God King of England, doth offer due subiection and obedience. * 1.26 Wherunto the Pope answered in these wordes: Nicholas Bishop and seruaunt of the seruaunts of God, vnto the most glorious and pious, Edwarde King of England, most worthie of all honour, & our speciall beloued sonne, doth send most sweete salutation and Apostolike benediction. And after many louing and sweet speeches in the said

letter, he saith to the petition it self about priuiledges: Renouamus ergo, & confirmamus, & augemus vobis priuilegia vestra, &c.

We doe re∣new and confirme, and encrease vnto you your priuiledges: And for so much, that this place of VVestminster, from antiquity hath belonged vnto the Kings of England, we by the authority of God, and the holy Apostles, and of this Roman Sea and our owne, doe graunt, permitt, and most strongly confirme, that the place for euer be of the iurisdiction of the Kings of England, wherin their royall monuments may be conserued, and that it be a perpetuall habitation of Monkes, subiect to no person but to the King, &c.

We doe absolue the place also, * 1.27 from all seruice & subiection of the Bishop, &c. and whosoeuer shall goe about to infringe, or inuade, or diminishe, or vndoe any of these priui∣ledges, we damne him to euerlasting malediction, togeather with the traytor Iudas: that he haue no parte in the blessed resur∣rection of Saints, &c. Thus he. And with this shall we end this fourth consideration or argument, whereby is sufficiently made euident, if nothing else were, how vayne, and vntrue the ima∣gination of M. Attorney was in the former chapter, who by the pretence of certayne words, in the charter of K. Kenulsus, to the Monastery of Abindon, would seeme to persuade himself, & others that our English Kings in those dayes, did take vpon them spiri∣tuall iurisdiction, to giue priuiledges, & exemptions from Epis∣copall authoritie vnto Monasteryes, and consequently, that they had all supreme iurisdiction Ecclesiasticall, in as ample manner, as Q. Elizabeth tooke vpon her, or was giuen vnto her by Act of Parlament, which is a most euident dreame as you see.

Notes

• 4 1.1

  〈…〉〈…〉, ••riuiled∣••es, 〈◊〉〈◊〉 of Churches, Monaste∣ryes, Hos∣pitalls, &c. by the ••ope.
• * 1.2

  Abbott Biscopus sent to Rome for priuiled∣ges.
• * 1.3

  Bed•• lib. 4. hist. Angl. cap. 10.
• * 1.4

  Bede t••m. 3. in vita S. Bertolph••.
• * 1.5

  The pri∣uiledges of S. Ber∣tolphus his Mona∣stery.
• * 1.6

  Cead∣walla.
• * 1.7

  Inas.
• * 1.8

  Malmesb. 1. de g••stis ••••gum Anglorum c••p. 2.
• * 1.9

  Malmesb. 〈◊〉〈◊〉.
• * 1.10

  Adel∣••••us his booke of virginity.
• * 1.11

  Malmesb. •••• 2. histo∣•••• nouella.
• * 1.12

  Florentius in chronico anno 70••.
• * 1.13

  Priuiled∣ges of the Abbey of Euesham.
• * 1.14

  The pri∣uiledges of S. Al∣banes founded by King Offa.
• * 1.15

  Math. Vest∣monaste∣riensis in historia an∣no 794.
• * 1.16

  ••at. Paris vita Hen∣••••••••ter••••s ••••no. 1256.
• * 1.17

  Malmesb. 〈◊〉〈◊〉 2. de 〈◊〉〈◊〉 Regum anglorum ••••p. 1.
• * 1.18

  Priuiled∣ges grāted to Glasten∣bury at the petition of K. Ed∣gar.
• * 1.19

  Malmes. i•• vita Edgar••.
• * 1.20

  Ingulphus in historia de Cr••yland.
• * 1.21

  King Ed∣gar char∣ter confir∣med the Popes charter.
• * 1.22

  The pri∣uiledges of VVest∣minster procured by K. Ed∣vvard.
• * 1.23

  Alredus Rieuell in vita S. Ed∣wards.
• * 1.24

  Anno Do∣mini 1054.
• * 1.25

  Ibidem.
• * 1.26

  Mutuall letters be∣tvvene Pope Ni∣colas and King Ed∣vvard.
• * 1.27

  Priuiled∣ges of VVestmin∣ster vvith a terrible curse to the brea∣kers.