A counterblast to M. Hornes vayne blaste against M. Fekenham Wherein is set forthe: a ful reply to M. Hornes Answer, and to euery part therof made, against the declaration of my L. Abbat of Westminster, M. Fekenham, touching, the Othe of the Supremacy. By perusing vvhereof shall appeare, besides the holy Scriptures, as it vvere a chronicle of the continual practise of Christes Churche in al ages and countries, fro[m] the time of Constantin the Great, vntil our daies: prouing the popes and bishops supremacy in ecclesiastical causes: and disprouing the princes supremacy in the same causes. By Thomas Stapleton student in diuinitie.

Stapleton.

HAppie is it, that M. Horne writeth in English, and to English men, and not in Latine. For surelye as oure Countrie hath shutte out the Popes authoritie, yea

ād al maner of ecclesiastical authority, that it shal not passe the Ocean sea towarde it: So may al other nations muche better exclude the authority of a temporall lawyer of our realme that it passe not the sayde Ocean sea toward them. But because our Christian belief (the more pity) is become of late nothing else but a Parliamēt matter, and a matter of commō lawe: and seing we haue estraunged our self from the olde cōmon catholike faith into a late vpstart, and into a priuate and national fayth of our owne, and yet for some colour wil pretend, it was at least the aunciente faythe of this realme, I wil make none exceptiō againste M. Hornes plea, but wil ioyne issue, and cope with him euen with our own lawe, and with his owne authour. And that M Horne shall not say I deale with him hardly and pinchingly, but freely and liberally: I do here offer to be tried, not by the Pope (for feare of a premunire) but by the Iudges of the kinges benche: and by al other the Quenes May. Iudges, yea by all the lawyers of the realme to, that by the cōmon lawe of the realme in Braughtons time the king was not ta∣ken for the head of the Churche, but the Pope. And if M. Horne may proue the contrary to my assertiō, by Braugh∣ton, then dare I offerre in M. Fekenhams name, that he shal take the othe: and if he wil not, I, for my self dare pro∣mise so much, ād wil performe it: and shalbe contēte with∣al, that M. Horne for this his highe inuentiō, shal be made sergeant of the quo if also. Why saieth Mayster Horn, what meane you to say so? Do not I plainly alleage by Braugh∣ton his wordes, that the kinge is vnder none, but onely vn∣der God? That the kinge hath no peere or equall? That there ought to be none greater in his kingdome then the kinge? Yea to conclude, that he is the Vicar of God? Are not these

Braughtons wordes? Do I misreherse them, sayeth May∣ster Horne? And what will ye haue then more, will he saie? Forsoth Mayster Horne we loke for, but three litle wordes more, that is, that ye proue vs owt of Brawghton, that the kinge is the greatest in his realme, and the Vicar of all, not in matters cyuill, which we willinglye graunte you, but for matters ecclesiasticall. Wherof ye haue not yet owte of Braughton browght so much as one worde. And so haue you for all this ioly fetche, fetched in nothing to your purpose, but haue fished all this while in Braugh∣ton all in vayne. Yet is there one thing more we loke for, that is, to haue an honester man, and of better,* 1.1 and more vppright dealing and conscience, then ye are of, to reporte Braughton. And then we haue some hope, that as you can proue nothing by him, for your new primacie: So shall we proue euen by your owne authour, that by the common lawe of the realme, the Pope was then the cheif head of all Christes Churche. And me thincke, thowghe in your texte there is nothing but the duskishe, darke, hornelight of an vnfaythfull and blinde allegation, that yet in your margent, there appereth a glistering day starre, and that the sonne is at hande to open and disclose to the worlde by the bright beames and most cleare light of the catholyque faythe, shyning in youre owne Authoure, ei∣ther your exceding malice, or your most palpable grosse, and darke ignorance. Wherewith for your desertes and spitiful heart to the catholyke faith, God hath plagued you no lesse then he did the Aegiptians. Why M. Horne? Hath Braughtō thē a Title de Papa, Archiepiscopis, & alijs prelatis: of the Pope, Archbishops and other prelats. What? Is there nothing in him but a bare and naked title? What sayeth

Braughton in his text? Doth he say that the Pope hath no∣thing to doe, but in his owne diocese, and no more than o∣ther Bishoppes haue? Doth he say, that he is not the head, and the superiour of al other Bishopes? Or doth he say, as ye saie, that all Ecclesiasticall iurisdiction commeth from the King only? Or doth he say, that the Kinge is aboue the the Pope, and head of the Churche him selfe? Wel. Ye haue seene the starre light in the margent: Nowe shall ye see also,* 1.2 to the vtter destruction of your newe primacie, and to your great dishonestie, for this your detestable dea∣ling, the bright daye light. Ye tel vs out of Braughton, that al, aswel freemen as bondmen, are subiecte to the Kinge his power. You tel vs, the King hath no Peere: what of all this? Tel me withall for what the title of the Pope and Arche∣bishope serueth? Verely it serueth to direct vs to your own confusion and shame. Ye tolde vs euen in the other page of this leafe, that Kinge Childebertus exacted of Pope Pela∣gius the confession of his faith, whiche he voluntarily offe∣red. But suerly the cōfessiō of this matter, wil not come frō you freely and voluntarily, but it must be exacted from you, and brought from you by the verie violence of the moste stronge and forcible truth. Let vs then heare Braughtons owne wordes. He saieth: There is a difference and distinctiō betwen person and person. For some there are, that be in excel∣lencie and prelacie, and be rulers aboue other. As in spirituall matters and those that appertaine to priesthood, our Lorde the Pope, and vnder him Archebishopes, and Bishopes, and other inferiour Prelates. In temporall matters also Emperours, Kinges, and Princes, for suche thinges as apperteine to the kingdom: and vnder them Dukes, Erles, Barons and such other.

Againe he writeth thus in an other place: Sunt enim

causae spirituales &c. There are, saieth he, spiritual causes, in the which the seculer iugde hath no cognition,* 1.3 neither can put them to execution, because he hath no punishement for them. For in these causes, the iudgement apperteyneth to the eccle∣siastical iudges who hath the gouernance and defence of priest∣hoode. There be also Secular causes, the knowledge and iudgemente whereof apperteyneth to Kinges and Princes, who defende the Kingdome,* 1.4 and with the whiche the Cler∣gie shoulde not intermedle: seeing that the iurisdictions of them are sondred and distincted: vnlesse yt be when one sworde muste helpe the other. I truste by this Maister Horne ye doe, or may vnderstand, what is meante, when Braughton calleth the Kinge, the Vicar of God: and saieth, there ought to be none greater then the Kinge in his kingdome. Whiche rule woulde haue bene playner, if ye had added the three woordes following: In exhibitione iuris. That is, in ministring of euerie man ryght and iustice: whiche is altogether ministred in mere prophane and ciuill matters vnder and by the Kinges Authoritie, and whiche woordes are by you nipped quite of verie ministerlyke. We will yet adde the third Authoritie out of Braughton, because it doeth not onely make againste this newe vpstarte Supre∣macie, but aunswereth also as well to the olde Cugnerius, as to our newe Cugnerius (M. Horne) his fonde argu∣mentes against the spirituall iurisction.

Braughton then after that he hath shewed,* 1.5 that there is one iurisdiction, that is called ordinarie, and an other of delegates, and holding by commission, and that as well in the temporall as spirituall Courte: and that these two iu∣risdictions be distincted, and that the Iudges of eche sorte, shoulde take heed, that they doe not intrude vppon the

other: he telleth vs of some particularities, of matters ap∣perteyning to the Churche Iurisdiction. First that none of the clergy may be called before a secular iudge,* 1.6 for anie matter towching the ecclesiasticall courte, or for any spi∣rituall matter, or suche as be annexed and coherent. As when penance is to be enioyned for any sinne or trespase, wherin the ecclesiastical Iudge hath the cognitiō, and not the kinge: for it doth not apperteine to the king or to the temporall Iudge to enioyne penaunce. Neither can they iudge of matters coherent and annexed to spiritual things: as of tithes and suche other: as, concerning mouables be∣quethed in a mans testament, nor in a cause of matrimony. Nor if a mā promise mony for mariage as (he saith) he hath before declared. For in al theis things the clerke may bring the cause frō the tēporal to the ecclesiastical Iudge. And so haue we found M. Horne by the common lawe in Braugh∣tons time the Popes supreamacy in Englande, and not that onely,* 1.7 but also, that aswel Braughton as Quintinus be hard against you and your Petrus Cugnerius for the minishing and defacing of the spiritual iurisdiction: and for your vn∣truth in auowching that the medling with contractes of mariages, enioyning of penaūce, and suche like, are nothing but temporal matters perteining to the kinges iurisdiction. And thus in fine, to be shorte, where your proufes should be strongest, there are they most acrased and feble: ād your fowre lawyers, with your Diuine, proue nothing to your purpose, but al against yt.

Notes

• * 1.1

  Hovv vvret∣chedlie M. Horne alleageth Brauhg∣ton.
• * 1.2

  Braughtō lib. 1.

  Homines quidā sunt excellētes & prelati & alijs principan¦tur. Domi¦nus Papa in rebus spirituali∣bus, quae pertinent ad sacerdo¦tiū & sub eo archie∣piscopi, E∣piscopi, & alij praelati inferiores. Item in tēporali∣bus Impe∣ratores, re¦ges, &c.
• * 1.3

  Eodē libro
• * 1.4

  Ergo non debet ma∣ior esse in regno suo in exhibi∣tioneiuris.
• * 1.5

  Libro 4.
• * 1.6

  Matters appertei∣ning to the spiri∣tual iuris∣diction.
• * 1.7

  Braugh∣ton and Quintin{us} be against Petrus Cugneri∣us that M. Horne before al∣leaged. Prius fol. 82.