TO THE NOBILITY OF ENGLAND.
EXample has ever been reckon'd amongst the Cheifest motives of Perswasion: and of all Examples, those certainly are most prevalent to particular Persons, which can be drawm from their own Families. 'Tis a debt which you owe to your Ancestors, to inherit their Virtues, and brave Actions, as wall as their Lands, and Titles, and therefore it concerns you to know them: and perhaps, a more Signal Instance can hardly be found in all History, of their Loyalty to their king and Country, than this Ancient Record which is here presented to your LORDSHIPS: which shews you with what couragious unanimity, your Fore-fathers did disown, and resist the Authority of Rome usurped over this Crown. You have this resolute answer ratified by the Seals of the whole Lay Nobility, and the Contents will tell you, that what they Seal'd with their Hands, they would likewse Seal with their Bloud; totis Viribus defendere. Now this was done at a time, when the Popes power was almost at the heighest in this Kingdome; not long after the pretended resignation of the Crown by King John: and in a cause, when only one branch of the Royal Prerogative was violated, by the Popes interposition in the Settlement of the Title of Scotland; and if the infringment of this one Right, was so highly resented by these Nobles, what would their undaunted Resolutions have been, if the whole Supream Prerogative had been at stake? Your LORDSHIPS are referred to the Letter it self to guesse.
Exemplar Literarum quas Comites & Barones Angliae miserunt Papae super negotio Scotorum, Anno Regni Regis, EDWARDI Primi, 29.
Sancta Romana Mater Ecclesia per cujus ministerium fides Catholica gubernatur in suit is astibus, cum ea, sicut sirmiter credimus & tenemus, maturitate procedit, quod nulli praejudicare, sed singulorum jura non minus in aliis, quam in ipsa tanqum mater alma conservari vclit illesa. Satie convocato nuper per sercnisnmn Dominum nostum Edwardum Deigratia Regem Angliae Illustrem Parliamento apud Lincoln generait, Idem Dominus noster qnasdam literas Apostolicas, qu as super cert is negoliis, conditionem & statum Regni Scotiae tangentibus, exparte vestra recepcrat, inmedio exhiberi, & seriosè nobis fecit exponi. Quilus audit is, & diligentius intellectis, tam nostris sensibus admiranda, quam hactenus inandita in eisdem audivimus contin [...]ri. Scimus enim, Pater sanctissime, & notorium est in partibus Angliae, & nonnullis aliis non ignotum, quod a prima institutione Regni Angliae, Reges ejusdem regni, tam temporibus Britonum quant Anglorum, supertus & directum dominium regni Scotiae habuerunt, & in possessione, vel quasi, Superioritat is & directi Dominii ipsius regni Scotiae succesivis temporibus extiterunt, nec nllis temporibns, ipsum regnmn in temporales pertinnit, velpertmet quavis jure ad Ecclesiam snam praedictam, quinimto idem Regnum Scottae progemtoribus praedictii Domini nosln Regtbus Angliae pertinuit, atque sibi feodale extitit ab antiqno. Nec etiam, Reges Scotorum & regnuut aliis qnam Rtgihm Angliae subfuerunt vel subjici consuerunt. Neqne Reges Angliae super juribus suis in regno praedio, aut ALIIS SUIS TEMPORALIBUS, coran aliquo Judice Ecclesiastico, vel Seculri, ex libera praeminentia slau suae regiae diyniatis, & consuetudinis cnnctis temporibus irresragabiliter observatae resfponderunt, aut respondere debebant. Unde habilo tractatu, & dcliberatione diligent, snper contentis vestris literis memoratis, communis, concors & unanimis omnium nostrorum & singulorum consens us fuit, est, ac erit, inconcussè, Deo propitio, in futurum, quod praesatus Dominus noster Rex super juribus regm Scotiae, AUT ALIIS SUIS TEMPOR ALIBUS, nullatenus judicialiter respondeat coram vobis, nec judicium subeat quoquomodo, aut jura sua praedicta in dubinm qnaestionis dedncat, nec ad praesentiam vestram Procuratores aut Nuncios ad boc muttat. Praecipuc cum praemissa cederent manifeslè in exhaeredationem jnris Coronae Regni Angliae & dignitatis, ac subver sionem status ejusdem regni notoriam, nec non in praejudicium libertatum, consuetudinum, & legum paternarum, ad quarum observationem & defensionm, ex debito praestiti Juramenti ostringimur, & quae manu tenebimus toto posse totis (que) viribus cum Dei auxilio defendemus. Nec etiam permittimus, aut aliquatenus permittemus, sicut nec possumus, nec debemus, praemissa tam insolita, indehita, praejudicialia, & alias inaudita, praelibatum Dominum nostrum Regem, etiamsi vellet, facere, seu quomodolibet attemptare. Quocirca sanctitati vestrae reverenter & humiliter supplicamus, quatenus eundem Dominum nostrum Regem, qui inter alios Principes orbis terrae catholicum se exhibet, & Ecclesiae Romanae devotum, jura sua, libertates, consuetudines, & leges, praedicta, abs (que) diminutione & inquietudine pacifice possidere, & ea illibata persistere benignius permittatis.
In cujus rei Testimonium, Sigilla nostra tam pro nobis, quàm pro tota communnitate praedicti Regni Angliae praesentibus sunt appensa, Datum apud Lyncoln 12 die Februarii, Anno Domini Millesimo Tricentesimo.
The Coppy of a Letter sent by the Earls and Barons of England to the Pope, Concerning the Affair of Scotland, in the 29. year of the Raign of King EDWARD the First.
The Holy Mother Church of Rome; by whose Ministry the Catholick Faith is directed, doth proceed as we firmely believe, and hold, with that Maturity of Counsel in her determination, that she not prejudice any, but like a Tender Mother is willing to preserve the Rights of every particular person inviolable, as well in other places, as within her own precincts. Wherefore a full Parliament being Call'd, by our Soveraign Lord Edward by the Grace of God the Renowned King of England, at his City of Lincoln, He our said Soveraign did cause to be Publickly produc'd, and faithfully Interpreted to us, certain Apostolical Letters received from You concerning some affairs relating to the Condition, and state of the Kingdom of Scotland. Which having heard, and well understood, we found that contained such things, as seem'd very strange to us, and such as were never heard of before. For we know that from the very most Holy Father, and 'tis well known throughout this Realm of England, and not unknown to other places, that from the very begining of the Realm of England, the Soveraign and Direct Dominion of the Kingdom Scotland, has been injoyed by the Kings of England, both in the times of the Britains, and also of the English. And that they have been in the possession, (or as Good) of the Supremacy, and direct Dominion of the said Kingdom of Scotland, in all succeeding Ages; Neither hath the said Kingdom at any time in Temporals belonged, or doth belong by any manner of Right unto your Church of Rome aforesaid, but in truth the said Kingdom of Scotland, hath belonged unto the Ancestors of our aforesaid Soveraign Lord, Kings of England, and of old time hath been Feudatory to them alone. Neither have the King and Kingdom of Scotland been subject, or usually under any one else but the Kings of England; Neither have the Kings of England given in any Answer, or ought to give in any Answer, in reference to their Rights in that Kingdom, OR ANY OTHER THEIR TEMPORALATIES, before any Judge Ecclesastical or Secular, by reason of the Boundless Preeminence of their State and Royal Dignity, and Custome Irrefragably observed throughout all Ages. Wherefore, after a serious Debate, and Consideration of the Contents of your aforesaid Letters. The Common, Joynt, and Unanimous consent of all, and every of us was, is, and by the help of God shall be Resolutely for ever, That our aforesaid Soveraign Lord the King, Ought in no wise to give in any Answer in Judgment before you, touching His Rights in the Kingdom of Scotland, OR ANY OTHER HIS TEMPORALITIES, nor by any mean to submit to your Jurisdiction, or so much as to yeild that his said Rights be brought into Question, or to send any Proctor, or Messenger to appear before you in this Business. Especially since the doing of the Premisses would manifestly tend to the disinheriting of the Rights of the Crown of the Kingdom of England, and of the Royal Prerogative, and to the notorious subversion ot the State of this Realm, and likewise to the Prejudice of the Liberties, Customs and Laws of our Progenitors, All which we are bound by Oath duely to Observe, and Defend, and which we will Maintain with the utmost of our Power, and by the help of God with all our Might and Main Defend. Moreover, we do not Permit, or in the least will Permit, (for 'tis not in our power, neither ought we) that our said Lord the King should do, or in the least wise attempt to do any of the premises, so strange, so unlawful Prejudicial, and otherwise unheard of, though He would himself. Wherefore we with Reverence humbly beseech your Holyness, that you would Gratiously permit the said Soveraign Lord our King, who is as good a Catholick, and as much devoted to the Church of Rome, as any Prince of Christiandom, Peaceably to Injoy, His Rights, Liberties, Customes, and Laws aforesaid, without my Trouble, or Diminution, and so to remain untoucht for the future.
In Witness whereof we have set our Seals to these presents, as well for our selves, as for the whole Commonalty of the Kingdom of England aforesaid. Dated at Lincoln the 12 day of February in the year of our Lord One Thousand Three Hundred.
A breif account of [...] popes Pretences of a Civl Right to the Crown of England, and the Answer thereunto.
THat the Pope of Rome hath for sume Ages last past pretended to a Soveraign Right over Christan Kings and Princes, cannot be unknown to any, who are acquainted with the writings of their most approved Authors, the Decrees of their Councils, or the Instanccs of such usurped authority recorded in Histories for these Five Hundred years. The judgment of their Licenced Authors, their Councils, and their Laws in this Case, is excellently published by the Learned Pen of the Right Reverend Bishop of Lincoln; and that the same Doctrine hath been by them generally received, I can bring no greater proofs, than their common practise recorded in History. How many Emperours, Kings, and Soveraign Princes have been de Facto deposed by them, how many great Massacres and private Murders have been Encouraged and Defended, how many Tortures, and unheard of Cruelties, how many Treasons, and Damnable Conspiracies to the subversion of whole Kingdoms, have been contrived, and some executed by Jesuits, and other Emissaries of Rome, would require a large Volumn to relate; I shall refer the Reader to a few Authors, for his abundant satisfaction herein Thuanus, (a) Lib. 1. cap. 9. de Repub. Bodinus, and the Exact Collection of (b) Popish Treasons & Vsurpa [...]. Mr. Fowlis. Nor was there any place felt the weight of the Popes Iron Rod more grievous then the Kingdom of England; hence was he wont to exact vast summes of money, which were as readily paid: and of what esteem it was with him. [...]y gather from the Character he gives, when he calls it [...] Innocent 4. Anno 1214. [...] Puteus inexhaustus. And from [...]from their yoak and burden [...]n neither we nor our Fathers were able to beat, what Damning Censures and Violent Excommunications have been sent out against us, what Secre [...] and Horrible Plots have been contrived to destroy our Kings and Kingdoms, I hope will never be forgot: and all this not so much to reestablish here the Religion, as the Authority which the Pope hath lost: and the right of that Title which he claims to this Kingdom, he thinks equal to that pretended from Constantin's Donation. And to this purpose his Sub-Collector (c) Hist. Angl. lib. 4. Polidore Virgil tels us, that Ina was the first King who made this Kingdom of England Tributary to the Pope: but he forgets himself pag. 740. where he saith Peter pence was given Pietatis & Religionis Causa, for Gods sake, and therefore not by way of Homage and Subjection. This Gift was continued by Offa. Atulphus. Canutus, and Edward the Confessor, who calls it the Iamb. Appendix Edw. de Rome Seat. § 10. Kings Almes. William the Conqueror alloweth this gift, but renounceth all Obedience to the Pope, as appears by Lanfranks Epist. Apud Eadiner p. 113 Pope Pascal 2. in a Letter to Hen. d. calls this Donation Beati Petri Eleemosyna, and Res [...]. ab A [...]l. Bellarning pag.83. Bishop Andrews tells us, that it was an Alms given to a Hospital at Rome, where they usul to entertain Pilgrims out of England.
The Second pretended Title is from King John's Resignation of the Crown to Pandulphus the Popes Legate, and receiving it again under Fealty, and Homage, and at the yearly Tribute of a Thousand Marks. Which Title upon several accounts will appear invalid. First as to matter of Fact; In Supplicat. of Soules Pag. 296. Sir Thomas Moor, who could not want all advantages of informing himself in affairs of this nature, denies it, his words are these; ‘Some Writers say, that King John made England and Ireland Tributary to the Pope, by the grant of a thousand Marks; we dare surely say again, that this is untrue, and that all Rome neither can shew such a grant, nor ever could, and if they could, it were right nought worth: For never could any King of England give away the Realm to the Pope, or make the land Tributary if he would, nor no such money is there paid, nor never was.’ These are the words of that great States-man, who was no enemy to the Popes Authority. But granting there was something done to this purpose, in the prese [...] Peers, and without the Consent of Any, as Mat. Paris a Monk of Saint Albans, who lived at that time, acquaints us; I shall take my Second Argument to invallidate this Title, from the words of Sir Thomas Moor before cited: for if they could at Rome shew any such grant, yet it were right nought worth: for never any King of England could give away the Realm to the Pope, nor make the Land Tributary if he would. And herein agree the Learned Grotius, Bodinus, and other Lawyers: and the Barons of this Realm were obliged by their Oaths, Lambert Apx. p. 170. lib. 50. de obsequiv erga Regem lege 59 p. 171. Terras & honores Regis omni fidelitate ubique servare cum co, & contra inimicos & alicnigenas desendere, To preserve together with the King the Territories and Honor of the King, and to defend them against their Enemies and Forraigners. And herewith agrees the Command which the Conqueror laid upon all the Commons; Firmiter pracipimus ut omnes liberi homines totius Regni praedicti sint sratres jurati ad Monarchiam nostram proviribus suis & sacultatibus, contra inimicos pro posse suo desendendum, & viriliter servandum. i. e. We strictly Charge and Command, that all Free-holders in all parts of our Kingdom shall be sworn Brethren, Sworn to defend our Monarchy with their Persons and Estates, to the utmost of their ability, and manfully to preserve it: by which it appears that the Commons were as well as the Lords bound to defend their Country against Usurpations and Invasions; and we doubt not but the same English courage is to be found amongst their posterity, which we find Coll. Posthum. pag. 348. which be quoteth è lib. Sancti Albani fol. 207. Recorded about the 44. year of Henry the third. For when Pope Alexander the Fourth demanded a revocation of Adomar Bishop of Winchester, because he was a Church-man; as was urged, and not subject to lay Censures, who had been Banished by the joynt consent of the King, Lords and Commons, for his intolerable Insolence, the Commons gave this resolute answer to the Popes demand, Peter de Monford being Prolocutor; Si Dominus Rex & Regni Majores noc vellent, (meaning Adomar's revocation fom Banishment,) COMMUNITAS tamen ipsius ingressum in Angliam jam null [...] sustinorat. Though the King, and Peers of the Realm should declare for his return, yet the Commons would by no meanes endure it. Lastly no man can confer a greater Right upon another, than what is in himself; and that King John was an Usurper, is evident from all His;tories of that Age for Arthur of Brittain, his Elder Brothars Son, was Thirteen years or Age, when John invaded the Throne, but tearing that he might not be long quiet in his Possession, whilst the Right Heir was alive, he Murder'd his Nephew, and imprison'd his Neice Elianor, who survived him; and his doth utterly make void his Right to dispose of what he had not right to keep. And of what small account was this pretended Title, not only the Resolutions of the Commons afore mentioned, but also this Letter Subseribed by all the Peers of England will abundantly manifest.
THe Reader may please to take notice, that the Exemplar whence this was taken is in Corpus Christi Colladge Library in Oxon, and Recorded by Mat. Westminster, and Walsingham, and mentioned by Parsons in his answer to the Lord Chief Justice Coks Reports, but without any Reply, Pag. 266. cap. 11. and whereas in that the ames round the Ar [...]ies are in an antient English letter, the Graver being being unacquainted with the Characterm, for his own ease, and more convenient Reading hath put them in the Modern.
Imprimatur,
OXFORD. Printed by LEON. LICHFIELD for RICHARD DAVIS, 1619. And are to be Sold by MOSES PITT, at the Angel; HENRY MORTLOCK, at the Phaenix, in St. Pauls Church Yard: and at the White Hart in Westminster Hall.