¶The Archbishop of Canterburies letter to the Queenes highnesse.
IT may please your Maiestie to pardone my presumption,* 1.1 that I dare be so bold to write to your highnes. But very necessitie constraineth me, that your Maiestie may know my mynde rather by myne owne writyng, then by other mens reports. So it is that vppon Wednesday beyng the 12. day of this moneth. I was cited to appeare at Rome, the 80. day after, there to make answer to such matters as should be obiected agaynst me vpon the behalfe of the K. & your most excellēt maiestie, which matters ye thursday fol∣lowing were obiected against me by D. Martin, and D. Story, your Maiesties Proctors, before the B. of Gloce∣ster, sitting in iudgement by commissiō from Rome. But (alas) it cannot but grieue the heart of a naturall subiect, to be accused of the King and Queene of his owne realm: and specially before an outward Iudge,* 1.2 or by authoritie commyng from any person out of this realme? where the king and Queene as they were subiects within their own Realme, shall complaine, and require Iustice at a straun∣gers hands agaynst their owne subiectes, beyng alreadye condemned to death by their owne lawes: As though the king and Queene could not do or haue iustice within their owne Realmes agaynst their own subiects, but they must seeke it at a strangers hands in a straunge land: the lyke whereof (I thinke) was neuer seene. I would haue wi∣shed to haue had some meaner aduersaries: and I thinke that death shal not grieue me much more, then to haue my most dread and most gracious soueraigne Lord and La∣dy, to whome vnder God I do owe all obedience, to bee myne accusers in iudgement within their owne Realme, before any stranger and outward power. But forasmuch, as in the tyme of the prince of most famous memory kyng Henry the 8. your graces father,* 1.3 I was sworne neuer to consent, that the B. of Rome should haue or exercise any authoritie or iurisdiction in this realme of England, ther∣fore least I should allow hys authoritie contrary to myne othe, I refused to make answer to the B. of Glocester sit∣tyng here in iudgement by the Popes authoritie, least I should run into periurie.
An other cause why I refused the Popes authoritie, is this, that his authoritie as he claimeth it, repugneth to the crowne imperiall of this Realme, and to the lawes of the same: which euery true subiect is bound to defend. First, so that the Pope sayeth, that all manner of power, as well temporall as spirituall, is geuen first to hym of God, and that the temporall power hee geueth vnto Emperors and kyngs, to vse it vnder hym, but so as it be alwayes at hys commandement and becke.
But contrary to this claime, the Imperiall crowne and iurisdiction temporal of this Realme, is taken imme∣diately from God, to be vsed vnder hym onely, and is sub∣iect vnto none, but to God alone.
* 1.4Moreouer, to the Imperiall lawes & customes of this realme, the kyng in his Coronation, & all Iustices when they receiue their offices, be sworne, & all the whole realm is bound to defend and maintayne. But contrary hereun∣to, the Pope by his authoritie maketh voyde, & comman∣deth to blot out of our bookes, all lawes and customes be∣yng repugnant to his lawes, and declareth accursed al ru∣lers and gouernours, all the makers, writers, & executors of such lawes or customes: as it appeareth by many of the Popes lawes, whereof one or two I shall reherse. In the decrees Distinct. 10. is written thus:* 1.5 Constitutiones contra Canones & decreta praesulum Romanorū vel bonos mores, nul∣lius sunt momenti. That is, The constitutiōs or statutes en∣acted agaynst the Canons and decrees of the Bishops of Rome or their good customes, are of none effect. Also, Ex∣tra,* 1.6 de sententia excommunicationis, nouerit: Excommunica∣mus omnes haereticos vtriusque sexus, quocunque nomine cen∣seantur, & fautores, & receptores, & defensores eorum: nec nō & qui de caetero seruari fecerint statuta edita & consuetudines, contra Ecclesiae libertatem, nisi ea de capitularibus suis intra du∣os menses post huiusmodi publicationem sententiae fecerint a∣moue••i. Item excommunicamus statutarios, & scriptores statu∣torum ipsorum, nec non potestates, consules, rectores, & consi∣liarios locorum, vbi de caetero huiusmodi statuta & consuetudi∣nes editae fuerint vel seruatae: nec non & illos qui secundum ea praesumpserint iudicare, vel in publicam formam scribere iudi∣cata. That is to say: We excommunicate all heretikes of both sexes, what name so euer they be called by, and theyr fautors and receptors and defenders: and also them that shall hereafter cause to be obserued the statutes & customs made agaynst the libertie of the Church, except they cause the same to be put out of their recordes and chapters with in two moneths after the publication hereof. Also we ex∣communicate the statute makers and writers of those sta∣tutes, and all the potestates, consuls, gouernours & coun∣sellors of places, where such statutes and customes shall be made or kept: and also those that shall presume to geue iudgement accordyng to them, or shall notifie in publike forme the matters so iudged.
Now by these lawes, if the Bish. of Romes authoritie which he claymeth by God, be lawfull: all your Graces lawes and customes of your Realme, being contrary to the Popes lawes be naught, and as well your Maiestie, as your Iudges, Iustices, and all other executors of the same, stand accursed amongest heretikes, which God for∣bid. And yet this curse can neuer be auoyded (if the Pope haue such power as he claimeth) vntill such tyme as the lawes and customes of this Realme (beyng contrary to his lawes) be taken away & blotted out of the law books.* 1.7 And although there be many lawes of this Realme con∣trary to the lawes of Rome, yet I named but a fewe: as to conuict a Clarke before any temporall Iudge of this Realme for debt, fellony, murther, or for any other crime: which Clarkes by the Popes lawes bee so exempt frō the Kyngs lawes, that they can be no where sued, but before their ordinary.
Also the Pope by his lawes may geue all bishoprikes and benefices spiritual, which by the lawes of this realm,* 1.8 can be geuen but onely by the kyng and other patrones of the same, except they fall into the lapse.
By the Popes lawes Ius patronatus, shall be sued only before the Ecclesiasticall Iudge: but by the lawes of the Realme, it shall be sued before the temporall Iudge.
And to be short,* 1.9 the lawes of this realm do agree with the Popes lawes like fire and water. And yet the Kings of this realm haue prouided for their lawes by the premu∣nire: so that if any man haue let the execution of ye lawes of this realme by any authority from the Sea of Rome, he falleth into the premunire.
But to meete with this,* 1.10 the Popes haue prouided for their lawes by cursing. For whosoeuer letteth the Popes lawes to haue ful course within this realm, by the Popes power standeth accursed. So that the Popes power trea∣deth all the lawes and customs of this Realme vnder his feete, cursing all that execute them, vntil such tyme as they geue place vnto his lawes.
But it may be sayd, that notwithstanding all ye Popes decrees,* 1.11 yet we do execute still the lawes and customes of this realme. Nay, not all quietly without interruption of the Pope. And where we do execute them, yet we do it vn∣iustly, if the Popes power be of force, and for the same we stand excommunicate, and shall do, vntill we leaue the ex∣ecution of our owne lawes and customes. Thus we bee wel reconciled to Rome, allowyng such authority, wher∣by the Realme standeth accursed before God, if the Pope haue any such authority.
These thynges (as I suppose) were not fully opened in the Parliament house, when the Popes authority was receiued agayne within this realme: for if they had, I doe not beleeue that either the kyng or Queenes Maiesty, or the noblest of this Realme, or the Commons of the same would euer haue consented to receiue agayne such a for∣raine authority, so iniurious, hurtfull, and preiudiciall as well to the crowne as to the lawes and customs and state of this Realme, as whereby they must needes acknow∣ledge themselues to be accursed. * 1.12 But none coulde open this matter well but the Clergy, and such of them as had red the Popes lawes, whereby the Pope had made hym∣selfe as it were a God. These seeke to maintaine ye Pope, whom they desired to haue their chiefe head, to the intent they might haue as it were a kyngdome and lawes with∣in themselues, distinct from the lawes of the crowne, and wherewith the crowne may not meddle: and so being ex∣empted from the lawes of the Realme, might liue in this Realme lyke lordes and kings, without damage or feare of any man,* 1.13 so that they please their high and supreme hed at Rome. For this consideration (I weene) some yt knew the truth, held their peace in the Parliament, whereas if they had done their duties to the crowne & whole realme, they should haue opened their mouths, declared the truth, and shewed the perils and daungers that might ensue to the crowne and realme.
And if I should agree to allow such authoritie within this Realme, whereby I must needes confesse, that your most gracious highnes, and also your realme should euer continue accursed, vntill ye shall cease from the execution of your own lawes and customs of your realme: I could