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mous Universities of Christendom, which be indifferent to proncunce and give Sentence in this his Cause, and therewithe alsoe the evident Wordes of God's Lawe; bis Highnes hath thought himself, in Honour and Duty to the Obligation of God's Commandements, obliged necessarily to imbrace and receive the same ; and there, by the Consent of his Nobles Spirituall and Temporall, and with the singuler Contentation, Rejoice and Comforte, of all his Commons and Subjects. And finally, by the Judgement and Decree of the Archbishoppe of Canterbury, most solemply and autentiquely passed in that Behalf, hath now, for the Discharge of his owne Conscience, which was before merveileously greived and offended with the Opinion of Incest Matrimony, and for the avoideinge of extreame Dangers of his Succession, and the Ruyne of his Realms, which was by reason thereof imynent and manifestly apparant to insue, divorced and seperated himself from the Yoake and Bande of that unlawfull Marriadge, which was of longe time usurped and continued betweene his Highnes and the said
cesse Dowager, and hath espoused and maried to his lawfull Wife, the Noble Lady, Dame Ann Marques of Pembroke, whose approved and excellent Vertues, that is to say, the Purity of her Life, her constant Verginity, her maidenly and womanly Pudicity, her Sobernes, her Chastenes, her Meekenes, her Wisdome, her Discent of Ancient Right Noble and Highe Parentage, her Education in all good and lawefull Shewes and Manners, her Aptnes to Procreation of Children, with her other infinite good Qualityes, more to be regarded and esteemed then the only Progeny, be of such approved. Excellency, as cannot be but most acceptable unto Almighty God, and deserve his highe Grace and Favour to the singular Weale and Benefitte of the King's Realme and Subjects. Albeit in caise any Objection shal be made hereunto by the said Princes, or any of their Councill, de Ratione Scandali, by reason that the King's Highnes hath not observ'd in all Pointes the common order and Manner of the Pope's Lawes, the said Paget shall, thereunto replying and answering, founde them
es first uppon the most stedfast Grounds of Scripture, viz. “Quia justo Lex non est posita ; sed ubi Spiritus Dei, ibi Libertas est : Et si Spiritu Dei ducimini, non etis sub Lege. Hoc est, Spiritûs Sancti et Conscientiæ motum sequentes, sub Lege primaque privatæ cedere debet, nequaquam sumus constituti. In prohibitis autem Lege Divinâ, parendum est Conscientiæ, in aliis vero Ecclesiæ : Et qui Lege privatâ ducitur, nulla ratio exigit ut Lege publica constringatur.” And thereuppon the said Paget shall in
VOL. III, Part II.
ferre, that althoughe in the Lawe, every Man's private Conscience be but a private Court, yet it is the Highest and Supreame Courte for Judgement or Justice, condempninge or approvinge of Mens Actes and Deedes in the Sight of God; accordinge to the Saying of St. Paule to the Romanes, “ Gentes quæ Legem non habent, sibi ipsis sunt Lex ; qui ostendunt Opus Legis scriptum in Cordibus suis ; simul attestante ipsorum Conscientia, ex Cogitationibus eorum, inter se aut accusantibus aut excusantibus, in eo die quo judicabit Deus occulta hominum.” And therefore the said Paget shall say, that beinge the King's Highnes said Cause fully examined, discussed, and resolved in his owne Conscience ; and being also the same Court of his Conscience inlightened and instructed, first by the Spirite of God, who possesseth and directeth the Hartes of Princes, and afterward established and confirmed by such wayes as is before expressed ; pronounced and declared, to be discharged before God from the Contracte of his said first Matrimony, and be at Liberty to exercize and injoy the Benefitte of God, for Procreation of Children, and the lawefull Use of Matrimony, necessary for the Relief of Man's Infirmity. No man ought to inveigh at this his Doinge, but rather to interpretate the
into the best Parte, in that that the King's Highnes had more Regarde unto the Weale of his Soul, than to any Ceremonies of Mens Laws, which themselves decree and ordeire: That noe Man is bounde to obey them, or any other Man's Precept, of what Dignity or Preheminence soever he be, if the same do“ militare contra Deum et Conscientiam offendat : Primum etenim quærendum est regnum Dei, &c. Et quid prodesć hujusmodi, si universum mundum lucretur, animæ vero suæ detrimentum patiatur, &c. ?" He may also further say, that the King's Highnes knoweth well, that Respect is to be had unto the World, and doubteth not but that it is alsoe sufficiently declared and showed by his Actes and Proceedinges, howe much he hath laboured and travailed therein; but sithence that these Thinges, althoughe in their outward Visage be worldly, yet inwardly they touche and concerne the Perill of Soule, noe Man beinge sinceri et candidi Pectaris cann arreste any Blame unto the King's Highnes, in that he hath after soe long Travaile, Labour and Studye, with intollerable Coste
Charges, without any Fruite sustained in that Behalf. be inforced and constreyned rather to followe and accomplishe the Determination of his own Conscience, and the Law of the same, consonant and agreeable in this Case to the Law of God, and therefore superior and excellinge all Lawes of Man, then to indure in perpetuall Sute, and continuall Trouble of Body and Mynde, doeing Injurie to Nature, and incomparable Dammage to his Realme; not doeing soe inuch as in him is, to provide for the same. And to the intente the said Paget inay with the more Efficacy declare unto the said Princes, the ungodly and unlawful Demeanours of the Pope, in the whoall Progresse of the King's Highnes said Cause, handleing his Highnes by the Space of vii Years, and more, in Delayes and Dalliance; and how for Friendship and Justice, he hath alwayes minis
stred unto him Unkindness and notable Injurie : By reason whereof, the King's Highnes hath binn thus constreined to doe as he hath don : The said Paget shall understande, how that first in the Beginninge of his Highnes greate Cause, his Grace beinge daily inquieted and molested with the Scruple of Incest and unlawefull Matrimony, did send unto the said Bishop, as unto him which presumed uppon him the Title and Name of Christ's Vicar in Earth; and which had the Keyes of Knowledge and Power, to discerne the very Worde of God from the Worde of Man; to the intent that he, according to his Office and Duty, should have ymediatly dissolved that Doubt and Scruple, which his Highnes in Conscience had before conceived, and should have restored him incontinently to the Quietnes and Rest of the same. Upon which Insynuation, the saide Bishop of Rome refuseing to take any Knowledge of the Kings said Cause of Matrimony, but would the King should take a Commission, and Commissioners to be sent into this bis Grace Realme, to whom the said Bishop would give sufficient Authority, to decerne, knowe, judge and de. termyne the said Cause ; then pretendinge, that it might in noe wise by the Order of the Lawes be intreated at Rome, but only within the King's own Realme. And so he delegated his wholl Power to the Cardinal Campegius, and the Cardinall of York. Giveing alsoe unto them, one other Speciall Commission, in Forme of a Decretall: Wherein the said Bishop of Rome pronounced and gave Sentence, that the King's Highnes Matrimony was utterly nought and unlawfull; and that therefore his Highnes might convolare ad secundas Nuptias ; and the Children procreated in the Seconde Marriadge were lawfull. And in this oppen Commission, he gave alsoe unto the said Legate full Authority to determyne this Matter, and to give Sentence for the King's Highnes; and yet secretly he gave them Instructions, to bring the said Commission Decretall, and not to proceede by Vertue thereof, or of any other Commission, unto any finall End or Sentence, but to suspend and put over the same. And at the Time of Sendinge of the said Commission, he sent alsoe down unto the King's Highnes, a Briefe written with his owne Hande; wherein he did alsoe approve the Justice of the King's Cause, in like maner as he did in his Commission Decretall; and promised unto the King's Highnes, “quam sanctissimè sub verbo Pontificis,” that he would never afterwarde advocate the said Cause out of the Realme of Englande, but would suffer it to have the due Course and Order of Intreateinge of the same, within the King's Highnes Realme ; which his Sentence and Promise notwithstanding, yet the said Bishop of Rome, contrary to his own Conscience and Knowledge, what was the very Trueth and Justice in the King's Highnes Cause ; and to the intente he might molest and trouble the same, decreed out sundry Citations, whereby he would needes inforce the King's Highnes to appeare at Rome in his own Person, to the Subversion of him, his Dignity, and the Piivileges of his Realme : or else to constreine him in the Exhibition of a Proxie there: The Iniquity of both which Things, is so evident and notable, ut nulla rerum facie defendi queat. For it is a common Principle of the Lawe, Quoties autem citatus er Privilegio, vel aliqua alia Materiu, in voce expressa, venire non teneatur, in eo casu nec tenetur aliquum sui copiam facere, neque Se, neque Procuratorem sistere. It is also notorius, that the Libersies and Prerogatives of the King's Realme, to the Observation whereof he is bounde by his Oath at his Coronation ; and that alsoe the Priviledges of Princes, beinge publique Persons, besides other great and urgent Causes, doe necessarily let the King's Person to appear at Rome, and lawefully defendeth and excuseth his Absence from thence. And besides all this, that his Highnes ought not to be cited to Rome; it is enacted by the Holy Councilles of Nice, of Affreque, and of Melevitan; and it is agreeable alsoe to all Lawes, Reason and Equity, that Kings should not be compelled to repair to Rome at the Pope's Callinge, ne be bounden in a Matter of so highe Weight and Consequence as this is, to sende out of their Realms and Dominions, their Writeinges, Instrumenies, and Munimentes, conteyneinge the Secretyes of their Affaires, or to make and trust a Proctor in soe farr distant Parts, and in a Matter of such Gravity and Importance, to abide and fullfill that which the said Proctor shall agree unto there. And hereunto the said Paget may adde, howe this Matter toucheth the Dignity of all Christian Princes very highly, to suffer themselves to be so yoaked with the said Bishop's Authority. And that it is Tyme for Princes, nowe that the same Bishop maketh this Enterprise upon them, to inserche and knowe the Grounde and Bot.
tome of his and their Authorities. For what and the Pope would cite and call all Christian Princes to appeare before him at Rome; that is to say, to cause them to abandon and forsake their owne Realmes, and neglect the Cure and Office committed unto them by God, and to answere there upon such Matters as the Pope should for his Pleasure object against them? Esset quidem illud durum ; sed tamen si vellet Pontifex, hæc posset facere, qua etenim ratione unum constringere ; omnes etiam Reges cogere posset: And so it should be always in the Pope's Authority and Libertie, to remove and depose what Kings it pleased him from his Crowne, and to rule and govern all Kingdomes after his owne Arbitre and Pleasure : One other notable Iniquity, is also in that the Pope by his Citation would needs enforce the Kinges Highnes to appear at Rome ; forasmuch as Rome is by all Laws a Place Unlawful, yea, and thereto most suspect and unsure, not only for the Kings Highnes owne Person, being the Principale Parte, but alsoe for the Person of his Proctor, if he should send any such thither; and especially for the self Cause to be intreated there : Now it is a Principle in the Lawe, quod citando ad locum non tutum et precedendo Index facit inique quia legibus id prohibentibus necnon untiquissimis consiliis et Pont Romanorum definitionibus repugnantibus id facit non solum inique sed etiam nulliter facit : And yet further, the Pope not satisfied with these Injuries and Wronges don unto his Highnes, yea, and to Justice it self, in Manner as is above rehearsed ; but being then, and at such Tyme as the said Citations were published, Resident at Rome, One Doctor Kerne, the Kinges Subject understandinge how his Highnes was called there to appeare to one Cappisucchi Deane of the Rota, to make Answer unto the Princes Dowagers Complainte, and exhibiting Reaso
asonable Causes, and Lawful Matters Excusatory why his Grace should not be bound either to appear at Rome, or to sende a Proctor thither; which Things he did as the Kinges Subject, and as one who by Lawe of Nature is bounden to Defende his Kinge and Sovereigne Lord; and by all Laws admitted to alledge that in Defence of him that is Absent, which in Equity ought to preserve him from Condemnacion; yet this notwithstandinge, the said Cappisucchi, idque upprobante Pontifice, not regardinge nor consideringe the Matters soe by the said Doctor Kerne alleadged, but demaunding whether he had any Proxie from the Kinges Highnes for such Purpose or noe: the said Cappissuchi, for Default of such Proxie' (which was not necessary in this Case) rejected the said Doctor Kerne from the Office of an
above rehearsed: were published; wert