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.

Of King Edvvard the sixt, the one and twentith King after the Conquest. §. III.

* 1.126. This younge Prince being but a child of 9. yeares old, when his father King Henry died (as often hath been said) was by his Tutors and Gouernours, especially his Vncle Earle of Hartford (after made Duke of Somerset) and some others that followed his appetite in the desire of innouation about matters of religion, declared Head of the Church, vnder the same stile, as his father had been before, and by that headship and pretence therof, they took to thēselues authoritie to make that change, which after ensued, partly to the opinions of Luther, & partly of Zuinglius (for Caluin was not yet so famous, or forward in credit for some years after) and to ouerthrow and alter in effect all that King Henry by his headship had ordained, and established before, concerning reli∣gion, as may appeare by the seuerall and particular repeals of the most parte of all his Statutes, touching that affaire, * 1.2 except only this of his departure from the Pope, and obedience of the Sea Apostolicke.

27. But yet one principall declaration, and important consti∣tution they added in this matter (as before hath been touched) * 1.3 aboue that of King Henry (according to the saying, facile est inuen∣tis addere) and this is, that whereas the Father K. Henry taking from the Pope his accustomed iurisdiction Ecclesiasticall, did transferre it vnto his Clergie of England, and afterward decla∣ring himself Spirituall head of that Clergie, did consequentlie inferre, he was head of the English Church also in spirituall matters, yet did he not explaine from what origen properly, this spirituall power did flow: which point the said Gouernours of the child-King Edward did interprete and decide, * 1.4 shewing that all spirituall iurisdiction, power, and authority ouer soules, by loosing or binding of sinnes, or other spirituall actions, in Bi∣shops, Prelates, and Priests, proceeded, and was deriued from this young child, who yet notwithstanding, as ech man may consider, was not of yeares to haue perfect vse of reason for dis∣posing so much as temporall matters, and how much lesse in spi∣rituall.

For so affirmeth plainly S. Paul to the Galathians. * 1.5 Quanto tempore haeres par••ulus est, nihil differt à seruo, cum sit Dominus omnium, sed sub tutoribus, & actoribus est, vsque ad praefinitum tempus à Patre. All the time that the heire is young, or vnder age, though he be Lord of all by inheritance, yet doth he differ nothing from a seruant or bound-man (in subiection) but is vnder Tutors, and Administra∣tors, vntill the tyme of his age appointed by his Father. So the Apostle.

28. And if then this young King had not yet authority, as of himself, to dispose of any temporall affaires, which are of much lesse moment; we may easily consider, what may be thought of spirituall, and Ecclesiasticall, that require more the vse of reason, and iudgement, for exercising of iurisdiction therin, then doth the other. But you will say (perhaps) that the same Tutors, and Administrators, that gouerned him in secular, & Ciuill affaires, might take vpon them also iurisdiction in the spirituall likewise: * 1.6 and so the Duke of Somerset (for example) with his assistants, might be secondary or Vicar-heads of the Church of England vn∣der him for the tyme, to absolue, or bind sinnes, determine of he∣resies, dispose of Sacraments, and the like.

29. But to this ••s easily answered, according to the principles set downe in the secōd Chapter of this booke, that for so much, as all temporall power is giuen first of all by God, in the law of Nature vnto the people or multitude, who thereby haue au∣thority to transferre the same to what manner of gouernement they like, either Monarchie, or other; it followeth also, that the Common-wealth that had authority to choose, or appoint the state of Kings to raigne ouer them, had, and hath power to giue sufficient authority in like manner, to Tutors and Administra∣tors, * 1.7 to gouerne the said Common-wealth in temporall affaires, during the tyme of their Kings minority or non-age: But that the origen of spirituall power comming not by this way of the people, nor being giuen to them at all, but immediatly by Christ our Sauiour to his Apostles, and their Successours, Bishops and Prelates, by lawfull Ordination and Succession of Priesthood, and imposition of hands to the end of the world; no temporall Tutors, or Administrators could rightly get into this authority, except they were first made Priests, and this also by Caluins opi∣nion and assertion, as well as ours, as * 1.8 before hath byn de∣clared.

〈1 page duplicate〉〈1 page duplicate〉

〈1 page duplicate〉〈1 page duplicate〉

〈1 page duplicate〉〈1 page duplicate〉

〈1 page duplicate〉〈1 page duplicate〉

30. By this then wee see, how; and by what assurance this headship of the Church, and supreme Ecclesiasticall authoritie therof, passed from the Father to the sonne, which was such, as it liked not M. Attorney to alleadge anie one Statute of this mans time against vs, though all in deed were made against vs, and against the said Father, as maie bee easily imagined, considering the Current of that time. And the very first of all was in fauour of Luthers opiniō, about the a 1.9 Reall presence, which afterward they changed into that of Zwinglius. They changed also twyce their b 1.10 Communion booke, and forme of seruice and Sacraments: first vpon the second and third yeares of King Edwards raigne, and se∣condly vpon the 5. and 6. as appeareth in the particular Statutes of those yeares. They repealed a great number of K. Henries Sta∣tutes, as by name concerning treasons c 1.11 and heresies. They re∣pealed his famous Statute for Precōtracts d 1.12 in marriages; as also dissolued diuers of his e 1.13 Courts, that he had set vp. And finally they respected nothing the said King Henries headship, nor his prescription or direction therin, but follow••d their owne for the time that their power endured: And yet all was published vnder the name of the Ghospell, and New reformation, established by negociation in Parlament, as though the matter had procee∣ded from very sound and founded Ecclesiasticall authoritie. And this for that time, wherof M. Attorney alleadging no one example against vs, I haue no further need to enlarge my self.

Notes

• * 1.1

  King Ed∣vvard the sixt raig∣ned six yeares frō 1547. vnto 1553.
• * 1.2

  See statut. an. 1. & 2. Edouardi sexts.
• * 1.3

  Supra Cap. 3.
• * 1.4

  Spirituall iurisdictiō could not be deriued from the child-king
• * 1.5

  Galat. 4.
• * 1.6

  An eu••siō refuted.
• * 1.7

  Different origens of tēporall and spiri∣tuall an∣thority.
• * 1.8

  See Supra cap. 2. & 3.
• a 1.9

  Stat. 1. Ed. 6. cap. 1.
• b 1.10

  Stat. 2 & 3. Ed. 6 & 5. & 6. cap. 1.
• c 1.11

  Stat. 1. Ed 6. cap. 11 & 12.
• d 1.12

  St••t. 2. & 3. Ed. 6. cap 23.
• e 1.13

  ••tat. 7. Ed 6. cap. 2.