Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	church_n	peter_n	successor_n	2,942	5	9.2143	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A16170	A courteous conference with the English Catholikes Romane about the six articles ministred vnto the seminarie priestes, wherein it is apparantly proued by their owne diuinitie, and the principles of their owne religion, that the Pope cannot depose her Maiestie, or release her subiectes of their alleageance vnto her. And finally, that the bull of Pius Quiutus [sic] pronounced against her Maiestie is of no force eyther in lawe or conscience, all Catholicke scruples to the contrarie beeing throughly and perfectly cleared and resolued, and many memoriall matters exactly discussed, which haue not beene handled by man heeretofore. Written by Iohn Bishop a recusant papist.	Bishop, John, d. 1613.; Frewen, John, 1558-1628.	1598 (1598)	STC 3092; ESTC S102284	61,282	90

happely they could bring him within the compasse of treason by denying the paiment of tribute vnto the Emperour and so procure his death by the Romaine president as seditious And therefore he asked them why they tempted him and willed them to shew him a peny and then he demaunded of them whose image was stamped on the peece and they answered the Emperours then saide he giue the Emperour that which is his and so likwise ynto god that which is gods a very obscure sentence giuen by a iudge in a sute but a wise and wittie answere for such false traterous Interrogants And with the like trisles doth the same Felisius also trouble vs when he goeth about to proue the exemption of the clergy frō free subiection of secular princes because Melchisdech was both a king and a priest so likewise Moses a priest supreme gouernor of the Iseralites And finally Hely was both high priest and also secular Prince or iudge of the Iewes For if Melchisedech were both a King and a Priest what is that to the controuersie that we haue now in hand whether that Priestes be subiect vnto the temporall Prince but perhaps it touched the matter if we had disputed whether that a Bishop may be also a temporall Prince See Fenestella As for a King to be a Priest was an vsual thing in many countries among the heathen Yea all the Romaine Kings had the chiefe charge of the sacrifices temples and worshippe of the gods and therefore when the Kinges were expelled they ordained a priest whom they called the sacrificing King who should execute those publicke sacrifices which did of right belong vnto the Kings function but for hatred of their kings made him subiect vnto the chiefe Priest or Pontifiex Maximus the which office of Pontifiex Maximus all the heathen Romaine Emperours continually had See Dion c. But that Moses was both the ciuill magistrate and also a priest it maketh very much against himselfe for although we doe grant that Moses was a Priest yet it is most manifest that he was not high Priest but his brother Aaron whome yet to be subiect vnto Moses all men seene in the sacred scriptures do knowe so that nothing can make more for the superioritie of the ciuill magistrate then this example that Aaron being high Priest and head and chiefe of all Priestes was yet subiect to Moses an ordinary Priest Moses was a prophet and not a priest because he had the soueraigntie temporall Likewise what is it to the purpose if that Hely the high Priest was also created secular magistrate for so were all the high Priestes after the returne of the people from Babilon vntill they were conquered by the Romaines and the kingdome was giuen by them vnto Herodes a stranger and Idumean Now seeing we haue aboundantly prooued in generall the superioritie of the ciuill magistrate ouer all men liuing within their dominions both by expresse places of scripture and authorities of auncient fathers and also conuinced the subiection of the high Priest in the olde law vnto the ciuill Prince and clearely shewed Christs kingdom to be spirituall and that he gaue none other to Peter and the rest of the Apostles and their successors and haue fully answered all obiections of the aduersaries I will descende vnto practise and prooue the superioritie of Emperours and Italian Kings ouer the Popes and Bishoppes of Rome by the prescripsion of seauen hundreth yeares after Christ 〈◊〉 kinde of proofe which we Catholickes Romaine exact of the Protestants crying vnto them to shew their successiion But because Pighius the Popes proctor in the secular primacy doth subiect his client vnto the heathen Emperours The Pops subiect to the Emperours and Italian kings I neede fetch my limmitation noe higher then Constantine the greate the first Christian Emperour Now to shew how he banished Bishoppes perhappes will be thought to small purpose because they doe giue this earthly Empire not vnto the Clergy but onely vnto the Bishoppe of Rome as Christs lieuetenant generall in all causes as well spirituall as temporall See for these histories Paul Dia● Platina and Sabellicus But I doe finde that his sonne and successor Constantius did banish Liberius the Bishoppe of Rome because he would not subscribe to the deposition of Athanasius and caused another to be c●osen in his place Moreouer when the Cytie of Rome and the Country of Italy came by conquest into the possession of the Ostrogothes in Anno Domin 483. Liberius Theodoricus the King of the Ostrogothes or of Italy commanded to come before him to Rauenna whether he had transferred the seate of the Empire of Italy leauing the city of Rome in the gouernement of the Senate Symmachus And least some man vnskilfull of antiquities should dreame that it was then the Popes by the donation of Constantine Theodoricus I say summoned before him at Rauenna Symmachus and Laurentius who contended for the Bishopperickes of Rome to the diuision of the whole Cytie I●hn that he as soueraing might determine the controuersy vpon hearing of the matter And afterward when Iustinus Emperour of Constantinople had banished the Arrians out of all his dominions Theodoricus sent Iohn the byshoppe of Rome and their Senatours Embassadours vnto Iustinus willing them in threatning sort to tell the Emperour from him that vnlesse hee did spedily restore to the Arrians theire Churches and suffer them to liue in peace that he would extinguish 〈…〉 Italy They comming to 〈…〉 honorably receiued by him did with 〈…〉 beeing very hoofull for the safetie of themselues and 〈◊〉 countrymen entreat the Emperour gratiously to graunt the ●●nor of their Embassage although it were vniust and to haue regard and compassion of Italy which otherwise would vtterly perish with whose teares the Emperour beeing mooued granted them their request But when the Bishoppe with his associates were returned to Rauenna to make relation vnto the King of the Emperours answere Theodoricus mooued with malice because 〈◊〉 a defender of the Catholicke pietie had receiued him so honorably killed him and his fellowes with painefull imprisonment Then Theodotus annother king of the Ostrogothes sent Agapetus Agapetus the Bishoppe of Rome Embassadour as his subiect vnto Iustinian the Emperour which Iustinian not long after hauing recouered Rome from the Ostrogothes did not by his Lieuetenant but by his Lieuetenant Belsarius his wife spoyle Siluerius Silberius the Bishoppe of Rome of his Bishopprick● Bishoppes robes and putting him in monasticall needes confined him into an out Iland Charging him that he would haue betrayed the gate Asmaria that adioyned vnto his house vnto the Ostrogothes but in deed perhappes there was some other priuie grudge hidden in the Empresse her heart But the manner of the doing doth manifestly declare for how smale Princes Popes were reputed in those daies for Belsarius sending an officer for him the Bishoppe was brought into his bedde Chamber because Belsarius sate by his

with him the curse pronounced in that place by the Prophet Ieremy The practise of deposing Princes neuer came of charitie Cursed is the man that trusteth in man and maketh flesh his arme And because Cardinall Hosius will haue Luthers doctrine tried whether it bee good or bad by the roote that bredde it I pray let vs also see from what roote this practise of deposing of Princes did spring There be two rootes saith Agustine vppon Iohn and out of him Hosius which two husbandmen the holie Ghost and the deuill set in mans hart the one charitie or loue the other inordinate desire Henry of the one commeth all good of the other all ill now whether of these rootes brought forth deposition of Princes I praye let vs consider The first Pope that did it in practise about Anno Domini 108● was Gregory the seuenth against Henry the fourth Emperour because he being exasperated against the Pope for excommunicating of fiue of his chiefe counsellours whome he thought ruled him to much and for commaunding him vppon paine of excommunication to appeare before him at Rome the twesday in second weeke of Lent to purge himselfe of such chrimes as his rebellious subiectes the Saxons had accused him of See Platina and Sigonius had called a counsell in Germany where Gregory was deposed being accused there by Hugh Blancke a Cardinall and many Italian Byshoppes of Necromancy heresy lecherie symony tiranny and I know not what else nor force how truely but most true it is that this was the cause of the Emperours deposing as it doth appeare by the Popes bull wherein wee finde these wordes Because he hath too audaciously and rashly laid hands on the Church the Pope speakes to Peter and because he hath not obeyed my authoritie as becommeth a Christian c. therfore in thy name I do accurse him depose him discharge all men of obedience towardes him and forbid them to obey him that all nations may know that thou art Peter c. Now to depose the Emperour because he had caused him to be deposed was this charitie or inordinate desire of reuenge did any of his predecessors before him the like God saith reuenge is mine I will repey it and S. Paul charitie seeketh not hir owne I pray you tel me what Charity was it towards the Church Christendom rather then he would forsake his sea yea or reuoke his cholericke censure that he would see all Germany and Italy See Sabel almost vtterly destroyed by ciuill warres his fauourers in Germany broken in seauen blody battelles his two Idol Emperours slaine and all the forces of his Italian staffe stay the mightie countesse Mawde vtterly defayted great part of the Citizens of Rome consumed by three yeares seige the Burgo San Pietro twise sacked and defaced all the house of the Corsy the noblest Citizens of Rome and his fastest friendes raced to the grounde the miracle of the world the septisolium taken and deformed his nephew taken prisoner the cyty of Rome twise sette on fire by Suiscardo whom being excommunicated now reconciled he had procured to come to discharge him out of the castle of San. Angelo with two huge wastes remaine yet to be seene at this day in the fayrest part of the Cytie for a perpetuall reproch for the first deposing of Princes yet woulde not his stoute heart stoupe but when at the importunate prayers of the oppressed Romaines hee had graunted to receiue the Emperour into grace vppon his submission he afterward vtterly refused it because the Citizens requested that the Emperour might doe it in his imperiall robes and fled first into the Castle San Angelo and afterward vnto Salerne where he died in voluntarie banishment not daring to abide at Rome for feare of the Citizens who for these manifolde calamities with which he had ouerwhelmed them did deadly hate him What an hard heart had he that would not relent at so many and extreeme mischieues and miseries Did he not blush to remember how the noble Quintus Metellus a pagane being wrongfully forbididden fyre and water by Apulieus the Tribune of the commonaltie to be reuenged on Meitellus for putting him out of the senate for his lewde life chose rather willingly to go into bannishment hauing the stronger faction then that any tumult should be stirred vp in the Citie for him Againe how many of his predecessors did for righteousnes sake suffer banishment imprisonment yea and painfull death when they might haue shrowded and saued themselues we haue alreadie shewed by many examples And also Marcellinus a pagane doth report that Constantius the Emperour coulde hardlie in the dead time of the night carrie Liberius out of the Citie of Rome with great difficulty for the good will of the people that burned in his loue so that it is likelie that if the Bishop would with force haue resisted he woulde haue beene to hot and to heauy for the Emperour to carry away But neyther God nor Deuill had yet reueeled vnto the Bishop of Rome this newe dignitie of Gregories See Platina and Sigon that they could by Apostolicall power binde all men not onely in spirite but also in bodie and all the goods of fortune that they might depose Emperorus for their pride cōtumacy in not obeying of their commaundementes as Gregorie did Henry and giue the Empyre vnto another for his humilitie and obedience as Gregorie did to Rodulph because he had promised to giue his sonnes pledges for assurance that he wolde stand to the Popes arbiterment for they yet knewe not this reason that Gregorie alleadged quite voyde of reason in these wordes Wherefore O Peter and Paule the most holy and chiefe of the Apostles confirme by your authoritie that which I haue spoken that all men may nowe at the length vnderstand that if ye can binde and loose in heauen that then we also can in earth take away and giue Empieres and Kingdomes and whatsoeuer else men haue For if ye can iudge those thinges which doe appertaine to God what is to be thought we may doe in these inferior and prophane thinges And if it belong to you to iudge Angels that raigne ouer proude princes what is it seemely that we doe with their bondmen Therefore let kinges and all princes of the worlde learne by this Emperous example what ye can doe in heauen and how great ye are with God and henceforth feare to contemne the commaundementes of the holy Church Doubtlesse these words now at length may learne and henceforth may feare were very significantly put in by G●●gorie for indeed before this time this doctrine was vnknowen to the world as also that learned Hermite of Rome the Popes Chronicler Omphrius a man inferior to none in the knowledge of the Romane antiquities doth confesse in his booke of Cardinals in these wordes Bishops cardinales did at the first take their place among other Bishoppes according to the anciency of their creation but afterward

wife who being that day come from Naples wary was laide downe on her bedde But the proude Dame had no sooner sene the Bishoppe but she began to 〈◊〉 and saide oh sirrha wherein haue I or my Belisarius so so●e offended your maistershippe that you should betraye vs vnto the Gothes and immediatly b●d away with him not suffering him to speake one word And in his roome was one Vigilius Vigilius placed who not long after refusing to restore vnto his seate Anthenius who had bene depriued of the Bishopbricke of Constantinople for the heresy of Eutiches Th●odora the Empresse who fauoured Anthenius commanded to be arrested at Rome and sent prisoner to Constantinople where when being vrged with this vniust request he had broken out into this impatient speach that he had thought he had come to Iustinian but that now he well perceyued it was to Dioclesian He was so well whipped for forgetting his lesson in the two and twentith of Exodus Non maledices principi populi tui thou shalt not speake ill to the prince of thy people that he was almost slaine I doe thinke noe Christian or ciuill Emperour much lesse Iustinian woulde so seruilely haue v●ed him whom he reputed the monarch of the world and anone after was ignominiously drawen along the cyty in a halter and then put in prison where he continued many yeares with onely breade and water Anno Domini 591. Pelagius Pelagius the Byshoppe of Rome sent Gregory who succeded him in the see vnto Mauritius the Emperour of the east to desire him not to be offended for that he had suffered himselfe to be denounced Byshoppe before hee had obtained his consent and confirmation for he coulde not sende before that time to Constantinople because the cytie of Rome had bene straitely beseiged by the Lombards Now in those dayes saith Platina and all other Historians writing of those times and affaires the election of the Byshoppe of Rome was voide without the Emperours assent and conformation And now we are come to Gregory himselfe surnamed the greate a man in such credit with the Popes of latter times and the Catholickes Romaine Greg●●y the great that they and wee doe more follow him in the diuine seruice and ceremonies then all the rest that euer satte in that see before him and therefore I doe hope that you will the more willingly allowe and embrace his opinion and iudgement of the secular soueraignytye As I doe not doubte but yee will cauell at manye of my former examples as vniust and tyrannicall the which I will not greately sticke to grant you and yet they doe strongly prooue the superioritie of those princes and that they were there lawfull although lawlesse soueraignes for as substantially doe the banishmentes of the Catholicke Byshoppes by the hereticall Emperours conuince the soueraignetie of the Emperours ouer the Byshoppes as the confining of the heriticall Byshoppes by the Catholicke Emperours Neyther am I lesse assured of the subiection of the Byshoppes of Asia vnto the Emperour of Constantinople for that I reade that Valens banished the Catholicke Byshoppes thereof then I am when I finde that Theodosius banished the Arrian Byshoppes of Asia For neuer shall wee finde that when the Empire was deuided that euer the Emperours of the East of what Religion soeuer they were did bannish the Byshoppes of the West nor contrarye wise but eyther dealte onely with them that were vnder their owne Empire and who would haue a better proofe that this Island was subiect vnto the Romane Empire then the hauocke that Dioclesian made here of the Christians and there Church and doth not he as sufficientlie shew himselfe to be a lawefull iudge that hangeth vp twenty true men a● hee that executeth as many theeues Neither doe wee reade that these Emperours and Kinges were reprooued for iniuriously punishing them ouer whome they had noe authoritie by right but because they punished them against law and right for matters that deserued noe punishment But leauing this let vs goe to Gregorie who had not learned to date his let●ers as the Popes doe now with Anno Pontificatus nostri in the yeare of our Popedome but regnante domino nostro Mauritio Tiberio piissimo Anno decimo quarto post Consulatum eiusdem domini nostri decimo tertio in the yeare of the raigne of our Lord Mauretius Tiberius the most godly Emperour the fourtenth and after the consulshippe of the same Lord of ours the thirtenth as his foure letters in the ecclesiasticall history of Beda are dated wherein I doe nore three thinges first that he doth not write the date of his owne creation or inauguration as soueraignes doe and secondly as subiectes doe that he writteth the date of the raigne of their Prince and thirdly that he called him Lord a worde so hautie and high that Augustus made an edict that noe man shoulde call him so noe nor woulde not suffer his Children nor Childrens Children to call him so Suetonius neither in earnest nor in sporte Moreouer with what duetifull humilitie are all his letters fraught that he directeth vnto the Emperour calling him in the plurall number after an vnwonted manner to declare his vnwonted lowlinesse and wonted subiection Domini my Lordes and yet because noe man shoulde thinke hee called him so rather of humilitie then of duetie it is apparant he vseth not that tearme to anye other But writing vnto Ethelbert the King of Kent he calleth him in Beda sonne a name of obedience and duetifulnesse but yet also of loue as hee also calleth Ch●lderbert the King of Fraunce ●plaplib 4. Indicto 12. eplam 96. et 97. But omitting many of his letters I will onely rehearse somewhat out of his threescore and one of the seconde booke wherein he finding greate fault with the Emperour for making an vniust Lawe as hee saith that noe Souldiour shoulde enter into Religion the which woulde haue made him to haue forgotten all humilitie if hee had beene as proudly spirited as some of his successors haue beene he thus beginneth his letters Omnipotenti Deo reus est qui serenissimis Dominis in omni quod agit loquitur purus non est Ego autem indignus pietatis vestrae famulus c. He is guiltie vnto God that is not pure vnto my renowned Lordes in all thinges that he doth and speaketh but I an vnworthie seruant of your godlinesse c. And anone after Fatemur Dominis meis and Dominorum pietas sanxit I doe confesse vnto my Lordes and the godlinesse of my Lordes hath decreed And againe Ego vero Dominis meis loquens quid sum nisi puluis verniis sed tamen quia contra authorem omnium Deum hanc intendere constitutionem sentio Dominis tacere non possum But I speaking vnto my Lordes what am I but dust and a worme but because I do perceiue that this constitution doth tende against God the creator of all I cannot holde my peace vnto my

in al thinges touching the royaltie of the same Crowne shoulde be submitted to the sea of Rome We doe also reade there that all the Barons and all the Byshoppes present and the deputies of those which were absent being asked euery man seuerally saide that therein they would to their vttermost stand with the King against the Pope so zealous were all good Englishmen in those daies of the auncient honour and libertie of their country and the soueraignetie of their King Moreouer Saint Germanye in the xxxix Chapter of the second booke entreating how ecclesiasticall persons may dispose of their goodes he vtterly reiecteth the Canon law therein and sheweth what they may doe by the lawes of this Realme and at the length he saith thus And moreouer a parson of a Church vicar Chauntery priest or such other all such goods as they haue by reason of the parsonage vicarage or Chauntery as that they haue by reason of their owne person they may lawfully giue and bequeth after the common law And if they dispose part among their parishoners and part to the building of Churches or giue part to the ordinary or to poore men or in any such manner as is appoynted by the law of the Church they offend not therein vnlesse they thinke thēselues bound thereunto by duety authoritie of the law of the Church not regarding the Kings lawes For if they doe so it seemeth they resist the ordinance of God which hath giuen power to princes to make lawes But whereas the Pope hath soueraignety in temporall things as he hath in spirituall thinges there some say that the goods of priests must in conscience be disposed as it is contained in the same summe But it holdeth not in this Realme for the goodes of spirituall men bee temporall in what manner soeuer they come to them and must be ordered by the temporall law as the goodes of temporall men must be Thus farre Sainte Germany then may I inferre if that the Pope the counsell and thee conuocation can not make a Lawe touching the goodes of the spirituallty within this Realme and that those which doe dispose of their goodes according to such a Canon doe sinne although it doe agree with the law of this Realme if they did it as bounde by that Canon shall wee thinke that the Pope the councell or the conuocation can giue away the goodes and landes of temporall men within this Realme yea and the Crowne and kingdome and that they doe not sinne mortally that doe obey any such decrees And what account is to bee made of the Popes dispensation in temporall causes the same learned author plainely declareth in the xli Chapter of the seconde booke where hee saith That although by the Canon law euery man may lawfully kill an Assasin such a fellow as will at euery mans request kill any man for money yet he affirmeth it is altogether vnlawfull in this land and that notwithstanding the Popes dispensation and pardon he that slayeth an Assasin is a fellon and so ought to bee punished as a fellon Moreouer in his xliiii Chapter hee doth conctantly holde that the Canon summes that do determine all scruples of conscience according to the Canon law doe rather hurt English mens consciences then giue them light and that there bee many cases in them ruled according to the Canon law that are not to bee obserued in this Realme neyther in law nor conscience And in xlii Chapter that although many sayings in the same summes doe agree with the lawes of this Realme yet they are to be obserued by the authoritie of the Lawes of this Realme and not by the authoritie alleaged by them Finally in the xxix Chapter of the same booke hee doth flatly ouerrule our present case whereas by the Canon Law an heretike hath ipso facto lost all his goodes and therefore can make noe execution he affirmeth that it holdeth and bindeth not here for if he doe abiure hee hath forfeited noe goods but if hee be conuicted of heresie and deliuered to laye mens handes he hath forfeyted all his goodes that he hath at that time that he was deliuered vnto them but not his landes before that he be put to death To this the Doctor answereth me thinketh that as it onely belongeth vnto the Church to determine heresies that so it belongeth vnto the Church what punishmēt he shal haue for his heresie except death which they can not be iudges in but if the Church decree that therfore he shall forfeite his goods me thinkes that they be forfeyted by that decree vnto this obiection he thus answered vnder the name of student Nay verely for they be tēporall things and belong to the iudgement of the kings court And I thinke that the ordinarie might haue set no fine vpon one impeached of heresie vntill it was ordained by the statute of Henry the fourth that he may set a fine if hee see cause and that the king shall haue that fine If this were the vniuersall beliefe of all good Englishmen in the time when the Popes authoritie most flourished heere and before this controuersie arose that neither the Pope nor counsell nor Church hath authoritie to ordaine any temporall punishment for heresy can he be accounted a true Englishman that doth holde that the Pope can depriue her maiestie of her crowne and dignitie for a pretence of heresy Of the counsell of Laterane or that the Canon made in the counsell held at Laterane doth binde vs heere in England But because we vnderstand that the greatest scruple in conscience of our Catholickes Romane is grounded vpon this Canon we will make a particular treatise thereof and to vncomber and discharge their consciences shew first that it is no determination of faith that the Pope may depose princes and secondly that it doth not binde in this realme not onely because as I haue proued before the Church can make no decree of temporalities but also because by the verie Canon Lawe it neither is nor euer was in force within this realme and finally neither orderly executed according to the order of the Canon And first because I shall haue occasion to examine euerie worde of one member thereof I will set it downe verbatim worde for worde Ca. 33● Si ver● dominus temporalis requisitus admonitus ab ecclesia terram suam purgare neglexerit ab hac haeretica foeditate per Metropolitanum comprouinciales episcapos excommunicationis vinculo innodetur etsi satisfacer● contempserit intra annum significetur hoc summo pontifici Romano vt extunc ipse vasallos ab eius fidelitate denuntiet absolutos terram exponat Catholicis occupandam qui cam exterminatis haereticis sine contradictone possideant in fidei puritate conseruent ita quod bona huiusmodi damnatorum si laici fuerint confiscentur si vero clereci applicentur ecclesijs a quibus stipendia per ceperint Which may thus be englished If the temporall Lord beeing requested

See they will be the successors of Constantine and not of Peter c. And in this minde they continued in the reigne of king Edward the first when the Parliament assembled at Lincolne thus wrote as we reade in Thomas of VValsingham flores historiarum vnto Bonifacius the viii who among other things in his letters to the king had requested that if the King had any right in the kingdomes of Scotland or any part thereof that he would send his proctors and learned counsell vnto him and there the matter shoulde speedily with iustice be adiudged decided Neither that the kings of England had by reason of the preeminence of their state regall dignity and costome at all times inuiolably obserued euer answered or ought to answere before any Iudge eccelesiasticall or secular about his rights in the aforesaide kingdome of Scotland or other his temporalities wherefore we hauing held a diligent consultation deliberation vppon the contents of your abouesaide letters it was the common concordious one minded consent of vs all of eueryone of vs shal be for euer hereafter vnaltered that our foresaid Lord the King doe not about the rights of the kingdome of Scotland or other his temporalities in any wise answere iudicially before you nor come vnder iudgement in any sort or bring his rights aforesaide in doubt or question nor therefore sende proctours or messengers vnto your presence seeing the premises doe tende manifestly to the disinheriting of the right of the Crowne of the kingdome of England and the kingly dignitie the notorious subuersion of the state of the same kingdome also to the preiudice of our fathers libertie costoms lawes to the obseruation and defending of whom we are boūd by the duty of oth taken the which we will maintaine in all that we can and will with the helpe of God defend with all our strength Neither also doe wee permit or in any sort will suffer as neither we can nor ought that our foresaide Lord king yea if he would doe or in any cause attempt the premises so vnwonted vndue preiudiciall and at other times so vnheard of c. And now I pray you will any indifferent man beleeue that our countrimen in those daies did thinke that the Pope had authoritie to despose their Kings or knew or heard that their fathers and auncestours had giuen the Pope power to expose the kingdome of their countrie for a common pray for all Christians and Catholickes But now hauing prooued that this Canon cannot bind vs now vnlesse our ancestours had receaued by consent of Parliament also haue shewed that it neither was nor could be done let vs fall to our seconde proofe that the Canons of this Counsell at least in temporall cases were neuer receiued in this Realme In this counsel there was a Canon made vnder payne of excōmunication that the Clergy should not be forced to pay any contribution to secular princes neither shoulde they willingly of their owne accord pay any without licence first obtained of th● Pope Now that this Canon was neuer in force here it doth plainely appeare by the subsidies payde by the Clergy vnto the sonne of King Iohn Chap. 24. Henry the third in the ix the xvi the xxi the xxix the xxxvii the xliiii the xlii yeares of his raigne neuer once asked the Popes consent but contrariwise in the xxxvi yeares of his raigne the king hauing the popes mandate from the Counsell of Lyons See Holin●hed to pay him three tenthes because he was crossed for the holy land they vtterly refused to pay him penny The Clergy did also wthout contradiction pay vnto his sonne and successor Edward the first in the eight yeare of his reaigne thre tenthes and in the eleauenth yeare the twentith part of all their goodes but afterward at the Parliament helde at Saint Edmondesbury Robert the Archbyshoppe of Canterbury and some of the Clergy refused to pay not claming to be exempted by this Canon but by another decre made lately that very yeare by Pope Bonifacius the eight but then the King put the Cleargy out of his protection and thus forced them to yeelde and so they haue continued payment quietly euer since that time An other Canon we haue in the same counsell Chap. 4● that no prescription shall be good during the whole time whereof the possessor did not verelye beleeue that the thing was his owne in truth But that the law of this land did neuer make any distinction of possession bona or malae fidei whether the possessor did think it to be his owne or not at all our Lawyers doe know and acknowledge And also the statutes of limitation made in the Parliamentes held at Marton and VVestminster in the three and twentie yeares of the raignes of Henry the third and Edward the first doe plainelie prooue Also a third Canon there is a branch of this of the desposition of Princes that the goodes of Clarkes condemned for heretikes shall bee forfeited vnto the Churches where they serued This constitution not to bee obserued the author of the booke called the Doctor and the Student doth at large prooue in the xxix Chapter of his seconde booke And also it doth plainely appeare by the statute made in the second yeare of Henry the first Chapt. 7. where wee finde that the goodes of Heretikes of what estate condition and degree soeuer they bee are escheated to the King And also all their landes that houlde immediately of him or of their ordinaries or their commissaries but the landes of all other that holde in chiefe of other Lordes the king to haue them a yeare and a day with their wastes and afterward to returne vnto the Lord of the sea And seeing that in three small matters that touched not the state the Counsell was not nor is receiued can anye wise man beleeue that the Counsell was receaued in a Canon that touched the ruine of the whole country and kingdome and namely seeing it hath beene plainely proued that a part of the very selfe same Canon was neuer alowed Now finally to conclude neither was the sentence of depriuation canonically pronounced against her Maiestie according to thee decree of the Counsell The Canon not orderly executed for whereas she should first haue bene admonished by the Church and then excommunicated by the Metropolitane and his comprouinciall Byshoppes and then if she had contemned to satisfie within one yeare to bee depriued c. It is manifest that she was not excommunicated by the Metropolitane and the Byshoppes of his prouince neyther I doe thinke admonished by the Church but euen at the very first choppe deposed by the Pope Therefore seeing that neyther Pope nor generall counsell haue authoritie to depose Princes or release subiectes of their allegiance neyther was the Canon of the Counsell of Laterane for deposing of Princes euer receiued in this land nor any other Canons of Counsels that touched temporalities neyther yet that Canon orderly executed ●-against her Maiesty What good Christian English man can thinke that hee was by that Bull of Pius Quin●●● discharged of his obedience and allegiance that hee oweth vnto her Maiestye And can absurdly beleeue that all those that shall dye in that quarell shall vndoubtedlye bee damned in hell fire with all miscreants and rebelles FINIS