MarginaliaA writing or letter of the Archb. sent to Q. Mary.Marginalia1556. March.IT may please your Maiestie to pardon my presumption, that I dare be so bold to wryte to your highnes. But very necessitie cōstraineth me, that your Maiesty may know my mynde rather by myne owne writing, thē by other mens reportes. So it is that vpō Wedensday beyng the. 12. day of this moneth, I was cited to appeare at Rome, the. lxxx. day after, there to make aunswere to such matters as should be obiected agaynst me, vpō the behalfe of the king, & your most excellēt Maiestie: which matters the Thursday followyng were obiected agaynst me by Doct. Martin, & Doct. Story your maiesties Proctors, before the B. of Glocester, sitting in iudgement by cōmission frō Rome. But (alas) it can not but greeue the hart of a naturall subiect, to be accused of the Kyng & Queene of his owne realme: and specially before an outward Iudge, or by authoritie commyng frō any person out of this realme: MarginaliaThe king and Queene make themselues no better then subiectes complayning of their owne subiect vnto the Pope.Where þ^e Kyng & Queene, as they were subiectes within their own realme, shall complaine, and require iustice at a straungers hands agaynst their own subiect, beyng already condēned to death by their owne lawes: As though the Kyng & Queene could not do or haue iustice within their owne realmes, against their own subiectes, but they must seeke it at a straūgers handes in a straunge land: the like wherof (I thinke) was neuer sene. I would haue wished to haue had some meaner aduersaries: and I thinke that death shall not greeue me much more, then to haue my most dread & most gracious soueraigne Lord and Lady, to whō vnder God I do owe all obediēce, to be myne accusers in iudgement, within their owne Realme, before any straūger and outward power. MarginaliaThe first cause why the Archb. would not make aunswere to the Popes delegate, is to auoyde periury.But for as much as in the tyme of the Prince of most famous memory kyng Henry viij. your graces father, I was sworne neuer to cōsent, that the Byshop of Rome should haue or exercise any authoritie or iurisdiction in this realme of England, therfore lest I should allow his authoritie contrary to myne oth, I refused to make aunswere to the Byshop of Glocester sittyng here in iudgemēt by the popes authority, lest I should rūne into periurie.

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MarginaliaThe 2. cause is that the popes lawes are contrary to the crowne and lawes of England.An other cause why I refused the Popes authoritie is this, that his authoritie, as he claymeth it, repugneth to þ^e crowne imperiall of this realme, & to the lawes of the same: which euery true subiect is bounde to defend. First, so that the Pope sayth, that all maner of power, as well temporall as spirituall, is geuē first to him of God, & that the tēporall power he geueth vnto Emperours & kyngs to vse it vnder him, but so as it be alwayes at his cōmaundement & becke.

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But contrary to this clayme, the Emperiall crowne and iurisdiction temporall of this Realme is taken immediately from God, to be vsed vnder him onely, and is subiect vnto none, but to God alone.

MarginaliaThe oth of the king and Iustices, and the duty of subiectes.Moreouer, to the Emperiall lawes & customes of this realme, the kyng in his Coronation, & all Iustices when they receaue their offices, be sworne, & all the whole realme is bound to defend & maintayne. But cōtrary hereunto the Pope by his authoritie maketh voyde, & cōmaūdeth to blot out of our bookes, all lawes & customes beyng repugnaunt to his lawes, & declareth accursed all rulers & gouernours, all the makers, writers and executours of such lawes or customes: as it appeareth by many of the Popes lawes, wherof one or two I shal rehearse. In the decrees MarginaliaDist. 10. Constitutiones.Distinct. 10. is written thus: Constitutiones cōtra Canones & decreta præsulum Romanorum vel bonos mores, nullius sunt momenti.  

That is: the constitutions or statutes enacted agaynst the Canōs & decrees of the Byshops of Rome or their good customes, are of none effect. MarginaliaExtran. De Sētenti. et reiudic. Nouerit.Also, Extra, de sentētia excōmunicationis, nouerit: Excōmunicamus omnes hæreticos vtriusque sexus, quocunq; nomine cēseantur, & fautores, & receptores, & defensores eorū: nec non & qui de cætero seruari fecerint statuta edita & consuetudines, contra Ecclesiæ libertatē, nisi ea de capitularibus suis intra duos mēses post huiusmodi publicationē sententiæ fecerint amoueri. Item excōmunicamus statutarios, & scriptores statutorū ipsorū, nec non potestates, cōsules, rectores, & cōsiliarios locorū, vbi de cætero huiusmodi statuta & cōsuetudines editæ fuerint vel seruatæ: nec nō & illos qui secundū ea præsumpserint iudicare, vel in publicam formā scribere iudicata.  

Latin/Greek Translations     Close

Gregory ix

Foxe text Latin

Extra, de sententia excommunicationis, nouerit: Excommunicamus omnes haereticos vtriusque sexus, quocunque nomine censeantur, & fautores, & receptores, & defensores eorum: nec non & qui de caetero seruari fecerint statuta edita & consuetudines, contra Ecclesiae libertatem, nisi ea de capitularibus suis intra duos menses, post huiusmodi publicationem sententiae fecerint amoueri. Item excommunicamus statutarios, & scriptores statutorum ipsorum, nec non potestates, consules, rectores, & consiliarios locorum, vbi de caetero huiusmodi statuta & consuetudines editae fuerint vel seruatae: nec non & illos qui secundum ea praesumpserint iudicare, vel in publicam formam scribere iudicata.

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Foxe text translation

we excommunicate all heretickes of both sexes, what name soeuer they be called by, & their fautors and receptores and defendors: & also them that shall hereafter cause to be obserued the statutes & customes made against the libertie of the church, except they cause the same to be put out of their recordes & chapters within ii. monethes after the publication hereof. Also we excommunicate the statute makers & writers of those statutes, & all the potestates, consuls, gouernours and counsellours of places, where such statutes and customes shall be made or kept: and also those that shall presume to geue iudgement according to them, or shall notifie in publicke forme the matters so iudged.

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Actual text of Decreta Gregorii ix. lib. 5, tit. 39. cap. 49. p. 276

That is to say: we excōmunicate all heretickes of both sexes, what name soeuer they be called by, & their fautors and receptores & defendors: & also them that shall hereafter cause to be obserued the statutes & customes made against the libertie of the church, except they cause the same to be put out of their recordes & chapters within ij. monethes after the publication hereof. Also we excōmunicate the statute makers & writers of those statutes, & all the potestates, consuls, gouernours & coūsellours of places where such statutes and customes shall be made or kept: and also those that shall presume to geue iudgement according to thē, or shall notifie in publicke forme the matters so iudged.

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Now by these lawes, if the Byshop of Romes authoritie whiche he claymeth by God, be lawfull: all your graces lawes and customes of your Realme, beyng contrary to the

Popes lawes, be naught, & as well your maiestye as your Iudges, Iustices, and all other executors of the same, stand accursed amongest heretickes, which God forbyd. And yet this curse can neuer be auoyded (if the Pope haue such power as he claymeth) vntill such time as the lawes and customes of this realme (beyng contrary to his lawes) bee taken away and blotted out of the law bookes. MarginaliaThe Popes lawes and the lawes of England doe vary, how and wherein.And although there be many lawes of this Realme contrary to the lawes of Rome, yet I named but a fewe: as to conuicte a Clarke before any temporall Iudge of this Realme for debt, felony, murther, or for any other crime: whiche Clarkes by the Popes lawes be so exempt from the kynges lawes, that they can be no where sued, but before their ordinary.

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MarginaliaCases wherein the popes lawes repugne agaynst our lawes.Also the pope by his lawes may geue all byshoprickes & benefices spirituall, which by the lawes of thys realme, can be geuen but onely by the kyng and other patrones of þ^e same, except they fall into the lapse.

By the Popes lawes Ius patronatus shall be sued onely before the ecclesiastical Iudge: but by the lawes of the Realm it shall be sued before the temporall Iudge.

MarginaliaProuision agaynst the popes lawes by Premunire.And to be short, the lawes of this Realm do agree with the Popes lawes like fire and water. And yet the kinges of this realme haue prouided for their lawes by the Premunire: so that if any man haue let the execution of the lawes of this realme by any authority from the Sea of Rome, he falleth into the premunire.

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MarginaliaThe prouiso of the Pope against our Premunire.But to meete with this, the Popes haue prouided for theyr lawes by cursing. For who so euer letteth the Popes lawes to haue full course within this realme, by the Popes power standeth accursed. So that the Popes power tredeth all the lawes and customes of this Realme vnder his feete, cursing al that execute them, vntill such tyme as they geue place vnto his lawes.

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But it may be sayd, that notwithstandyng al the Popes decrees, yet we do execute styll the lawes and customes of this realme. Nay, not all quietly without interruption of þ^e Pope. MarginaliaMarke this well.And where we do execute them yet we do it vniustly, if the Popes power be of force, and for the same we stād excommunicate, and shall do, vntill we leaue the execution of our owne lawes and customes. Thus wee be well reconciled to Rome, allowing such authority, whereby the Realme standeth accursed, before God, if the Pope haue any such authority.

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These thinges (as I suppose) were not fully opened in the Parlament house, when the Popes authority was receiued agayne within this realme: For if they had, I do not beleue that either the kyng or Queenes Maiesty, or þ^e Nobles of this Realme, or the Commons of the same woulde euer haue consented to receiue agayn such a forraine authority, so iniurious, hurtful, & preiudiciall as well to the crown, as to the lawes & customes & state of this realme, as wherby they must nedes acknowledge thē selues to be accursed.

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MarginaliaThe clergies dutie in the Parlament.But none could open this matter well but the clergye, and such of them as had red the Popes lawes, whereby the Pope had made him selfe, as it were a God. These seeke to mayntayn the Pope, whom they desired to haue their chiefe head, to the intent they myght haue as it were a kyngdome and lawes within them selues, distinct from the lawes of the crowne, and wherwith the crowne may not medle: and so beyng exempted from the lawes of the Realme, might lyue in this Realme like Lordes and kyngs, w^tout dāmage or feare of any man, so that they please their high & supreme head at Rome. MarginaliaThe Clergy of England more addicted to the Pope then to their true allegeance to their Countrey.For this consideration (I weene) some that knew the truth held their peace in the Parlament, wheras, if they had done their duties to the crowne & whole realme, they should haue opened their mouthes, declared the truth, and shewed the perils and daungers that might ensue to the crowne and realme.

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And if I should agree to allowe such authoritie within this realme, wherby I must needes confesse, that your most gratious highnes, and also your Realme should euer continue accursed, vntyl ye shal cease from the execution of your owne lawes & customes of your realme: I could not thinke my selfe true, eyther to your highnes, or to this my naturall countrey, knowyng that I doo know. Ignorance, I know, may excuse other men: but he that knoweth howe preiudiciall and iniurious the power and authoritie which he challengeth euery where, is to the crowne, lawes, and customes of this realme, and yet wyll allow the same, I can not see in any wise howe he can keepe his due allegeance, fidelitie, and truth, to the crowne and state of this realme.

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MarginaliaThe thyrd cause why he could not allowe the Pope.An other cause I alledged, why I could not allowe the authoritie of the Pope, which is this: That by his authoritie he subuerteth not only the lawes of this realme, but also þ^e lawes of God: so that who soeuer be vnder his authority, he suffereth thē not to be vnder Christes religion purely, as Christe dyd commaund. And for one example I brought forth, that whereas by Gods lawes all Christian people be

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