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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

A COVRTEOVS CONFERENCE with the English Catholickes 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 Quintus 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 any man heeretofore Written by Iohn Bishop a recusant papist DEVS IMPERAT ASTRIS R D LONDON Imprinted for Robert Dexter dwelling in Paules Church-yard at the signe of the Brasen Serpent 1598. The Six propositions handled in this Booke ●at the Pope and all the Bishoppes and priestes are subiect by the we of God vnto the temperall magistrate in whose Realme and Dominions they doe dwell 2 That they cannot depriue Christian princes of their principalities ● That the Pope cannot loose subiectes of their natural faith and obed●ence vnto their prince 4 That it is no determination of faith that the Pope may depose princes 5 That the Canon made at the counsell of Laterane touching the deposing of princes the which hath bredde the greatest scruple in the consciences of our Catholickes Romane neither is nor euer was 〈◊〉 ●●●●e within this land ● That the sentence pronounced against her Maiestie was neither lawfully nor orderly done according vnto the Laterane Canon The Preface to the Reader THIS Booke Christian Reader was written by one Iohn Bishop a recusant papist what sufficient reason there is notwithstanding to commit it to the presse and from thence to the open veiw of all men in the diligent perusing consideration therof thou maist plainely perceiue and vnderstand It is a booke which in the iudgement of many godly and learned men is very necessary to come abroad neither hath anie obiection bene made against the publishing of the same but onely this that it is to be feared it will be a meanes to bring the papistes into more fauour as discouering them to be nothing such dangerous enemies to the state as of the greatest part they are reputed but surely I see no cause to stand in feare of any such effect but rather to rest fully resolued vpon the contrarie that for asmuch as howsoeuer some one of them being astonished with the light of Gods trueth and looking backe to the former times sheweth himself nothing so absurd as other yet seeing the professed doctrine of their Church is otherwise and the continuall practise of the Pope all his adherentes is directly to the contrarie by murders treasons and rebellions and by the inuasions open force of cruell enemies seeking the vtter destruction of the Queenes most excellent Maiestie whom God manie yeares yet preserue and of all others that professe in trueth the glorious Gospell of Iesus Christ accounting the Popes Bulles a sufficient warrant for the ouerturning of Gods ordinances and his pardons a strong bulwarke against the wrath of God against hell condemnation These things I say considered I see no reason to feare anie encrease of their fauour and credit by this meanes but rather to hope as there is iust cause to desire the encrease of their discredit and more straiter lawes for the restraining of them The magistrate hath had too much experience that howsoeuer the iudgements of some of the best learned among the papistes may peraduenture agree with the author of this booke yet the profession practise of them all both learned vnlearned is farre otherwise as by open and outragious attempts there wants no good will in them to testifie more plainely vnto the whole worlde if the day were once come they haue so long looked for if they saw any likelihood of preuailing but as the Lord for Sions sake hath hitherto defeyted their purposes returned their mischieuous imaginations to their owne cunfusion so I nothing doubt but he will continue for vs a brasen wall of defence from time to time heereafter euen vntill the second comming of his sonne in the cloudes Whether the author would himselfe haue published this booke it is vncertaine that at the writing hereof he was so determined it is very probable by that part of his preface which is come to our hands where he beginneth thus Whē I saw two or three years past many seminary priests that which next ensued after these words was rent off and cānot be found but on the other side of the paper it followeth thus And whiles I following Horace his counsaile nōnunquā premitur in annū did let this treatise lie by me in seasoning that it might at length passe abroad perfect fully refuting all obiections of moment which old shops had shapened or new forges had framed c. By this I say it appeareth that at the time of the writing therof he was fully determined to imprint this booke but afterwards it should see me his mind was altred perswading himselfe that the publishing would greatly tend to the offence disquieting of his Catholick brethrē For how is it possible that they should take it patiētly to see one of their owne professiō so eagerly fight against thē put thē to the foile with their owne weapons by the exprsse testimony also of the holy scriptures by so many approued authorities examples discouering to the world the tyranny the malicious the proud arrogant practises of their holy father Surely so far would they haue bene from taking it in good part at his hand whiles he was aliue that I am fully perswaded they neither can nor will with hold their tongues frō exclaiming against him now he is dead either accounting him to be an Apostata or els making themselues bel●ue that this worke is falsey fathered vpon him But to put them out of doubt both of the one the other That he was no backslider frō their religiō but vnto his dying day continued a recusant papist it is so wel knowen at Battel in Sussex where he was borne often cōuersant at London where he spent a great part of his time as also in all the country neare vnto Battel as that there nedeth not any further testimony And that he was in very truth the author of this booke of euery part therof is manifestly to be proued by his owne hand writing so well knowen at Battel in the cuntry therabouts also of many in London as that there is no neede to feare the clearing also of this scruple Let any mā that knoweth his hand is desirous to be resolued of the trueth repaire to Northhiham in Sussex at the house of George Bishop brother to the deceased author he shal at his pleasure haue a sight of the same To conclude this also wisely diligently is the reader to vnderstand that

the seruice of their Lordes and not prescribe lawes therein vnto all other not subiect vnto him no more then the Queene of England can enacte that if the king of Spaine shall doe this and this that then hee shall forfeite his Crowne Noe law of the Church touching temporalties euer alowed in this Realme or the king of France make an edict that if any Lord in England shal committe such and such faultes that then he shall forfitte all his propertie ouer his bondmen and they to be enfranchised And therfore because the Princes of this Realme did neuer acknoledge themselues vassals vnto the Pope nor the See of Rome nor neuer agnised him for their Soueraigne in temporalities they did neuer heare when the Popes authoritie was greatest administer iustice and adiudge secular causes here according to the Popes decrees and Canons of the counsels but alwaies according to the lawes costomes and statutes of the Realme and in those causes the Canon law had no authoritie and force in this Land This is so often affirmed by the author of the learned booke called the Doctor and student who as he was a greate lawyer so was he also a good diuine and deuout Catholicke that it weare tedious to rehearse them all In the xliiii Chapter of thee seconde booke thus hee writeth for the ordinarie no yet the partie himselfe haue any authoritie to binde any inheritance by the authoritie of the spirituall law how then can they binde the inheritance of the crowne And againe in the same Chapter and th●●fore it is somwhat to bee meruelled that ordinaries will admitte such land for a title c. without knowing how the common law will serue therein for of meere right all inheritance within this Realme ought to bee ordered by the Kinges Law Also in the xxxvi Chapter of the second booke the Doctor of diuinitie saith yet me thinkes alwaies that the title of the lapse in such case is giuen by the law of the Church and not by the temporall law and therefore it forceth but little what the temporall law will in it as me seemeth Whereunto the author answereth thus vnder the name of the student of law In such cuntries where the Pope hath power to determine the right of temporall thinges I thinke it is as thou sayest but in this realme it is not so And the right of presentment is a temporall thing and a temporall inheritance and therefore I doe thinke it belongeth to the Kinges law to determine and also to make lawes who shall present after the six moneth aswell as before so that the title of abilitie or none abilitie be not therefore taken from the ordinaries And in like wise it is of auoidance of benefices that is to say that it shall be iudged by the Kinges lawes when a benefice shal be saide uoide and when not and not by the law of the Church and shall the law of the Church determine when the crowne is voide As when a parson is made a Byshoppe or accepteth another benefice without licence or resigneth or is depriued in these causes the common law saith that the benefices be voide And so they should be though the Church had made a law to the contrarie And so if the Pope should haue any title in this case to present it should be by the lawe of this Realme And if hee should haue title to present vnto the Crowne should it not bee by the lawe of this Realme And I haue not seene ne harde that the lawes of this Realme haue giuen any title to the Pope to determine any temporal thing that may be lawfully determined by the Kings Court no● y●● that he may depose the King and giue his kingdom vnto any forreiner but because noe man should repute this lawyer for a Lollard and enimie vnto the Pope see what immediately followeth Doctor It seemeth by the reason that thou hast made now that thou preferrest the Kinges authoritie in presentments before the Popes and that me thinkes should not stand with the Law of God syth the Pope is the vicar generall vnder GOD. Student That I haue saide prooueth nor for the highest preferment in presentmentes is to haue authoritie to examine the abilitie of the person that is presented for if the presented bee able it sufficeth to the discharge of the ordinary by whomesoeuer hee bee presented that authoritie is not denyed by the lawe of the Realme to belong alwaies to the spirituall iurisdiction Thus seing the authour of the Doctor and the student whom some suppose to be Sainte Germany is prooued to bee noe partiall man against the Pope but onely a learned Lawyer that setteth downe vprightly to the satisfaction of mens consciences what right euery man hath and declareth the common opinion of his time when the Popes power was in the Prime we will rehearse yet more out of him to the confirmation of you our Catholicke countrimen who doe openly professe that ye will grant her maiestie as much and as greate authoritie as any of her ancestors before hir father had since the conquest yea or since they embraced the faith of Christ In the xlvii Chapter of the seconde booke he saith that although by the Canon Law the Pope ought to present to all benefice● or dignities the incumbents whereof dye at Rome or within two dayes ●ourney thereof yet he saith that it holdeth not 〈◊〉 this Realme because by the lawes of this realme the King ought according to the auncient right of his crowne to present of all his aduowsons that be of his patronage And in likewise other patrons of benefices of their presentment and the plea of the right of presentments of benefice is within this Realme belongeth to the King and his Crowne And these titles can not be taken from the king and his subiectes but by their assent and so the law that is made therein to put away that title bindeth not in this realme Then may I reason of a stronger that the Kinges title to the Crowne can not be taken away without his consent and so the Law that is made therin by the Church to put away that title bindeth not in this Realme But to returne againe vnto presentments of benefices who knoweth not the terrible statute of premunire made in the Raigne of Edwarde the third against all such as shoulde prouide English benefices or spirituall dignities from Rome or purchase them from the Pope and also against all atturneyes and agents in that matter against the which statute the Pope neuer spurned but suffered it saith Saint Germany and it hath alwaies beene vsed in this Realme with-without resistance yea and in the statute made against the prouisions and translations of Byshoppes by the Pope made in the xvi yeare of the raigne of Richarde the second the vi Chapter we finde in those wordes the cause of the making of the statute least the Crowne of this realme which is immediatly subiect to God and to none other

Lords Is this the speach of a soueraigne or a subiect And a little after Ad hac per me se●uum vltimum suum vestrum respondebit Christus dicens ego te sacerdotes meos manus tua commisi tu a meo seruitio milites tuos subtrahis And ego indignus famulus vester sci● c. vnto this will Christ himself answere by me his vilest bondman and yours saying I haue aduanced thee from c. vnto the empyre c. I haue committed my priestes into thy handes and thou doest withdraw thy souldiours from my seruice And I your vnworthy seruant doe knowe And at the foote of the letter he writeth that which striketh this present controuersie stone dead Ego quidem Ius●ioni subiectus eandem legem per diuersas terrarum partes transmitti feci quia lex ipsa omnipotenti Deo minimè concordat ecce per suggestionis meae paginam serenissimis dominis meis nunciaui vtribique ergo quae debui exolui qui imperatori obedientiam pribus pro Deo quae sensui minimè tacui I beeing subiect to commandement haue caused the same lawe to be sent through diuers partes of the world and because the same lawe doth nothing agree with God behold I haue signified it vnto my renowned Lorde by the letter of my suggestion wherefore I haue in both thinges discharged that which I ought who haue shewed obedience vnto the Emperour and yet haue neuer a whit left vnspoken that which I thought in Gods behalfe In this authoritie I note first that the Pope doth acknowledge himselfe subiect and seruant vnto the Emperour beeing a Christian and doth call him his leige Lord. Secondlie he doth affirme that God had subiected the priestes and clergie vnto the Christian princes for to serue them for otherwise it can not answere the other member and thou doest withdrawe thy souldiours from my seruice And thirdly that Gregorie a Pope doth acknowledge and affirme himselfe to be subiect vnto the Emperours commaundement yea and thought himselfe so bounde to obey him that he might not with a safe conscience refuse to publish such decrees of his as he thought in his conscience vngodly M●lanus diuini ie that Gregorie offended not in obeying a wicked an ●ngodly commandement the which thing if any cunning Catholique thinke that Gregorie might not lawfully doe let him reade Molanus a learned Catholique of Louayne his booke de fide hereticis rebellibus seruanda of keeping promise with heretickes and rebels and there he shall finde his fact defended moreouer the like subiection of himselfe and the clergie vnto the Emperiour doth he acknowledge writing of this verie same matter and Lawe vnto Theodorus the Emperours physition in these wordes words Valde autem mihi durum videtur vt ab eius seruitio milites suos prohibeat qui ei omnia tribuit dominarie● non solùm militibus Eplapelib 2. Ind●● in eplape●●lt sed etiam sacerdotibus concesset In english this But it seemeth to me to be harde that he should forbid his souldiours his seruice who hath both giuen him all that he hath and also granted him to be Lorde ouer not onely the souldiours but also the priestes In the same letter also he doth call the king my Lord and our Lord. But although I hope that this assertion and iudgement of Grego●●e surnamed the great a Pope a canonized saint and one of the foure approued Doctors of the latine Church will satisfie all reasonable Catholickes Romane Yet I will proceede further with the ecclesiasticall practise Anone after Gregorie and about the yeare of our Lord. 608. Bonifacius the third was a very earnest suter vnto Phocas the Emperour Bonifacius Paulus diaconus to decree that the sea of Rome shoulde be the heade Church of Christendome the which at length he obtained with much a doe but in good faith he might haue saued much labour if he had beene Monarch of the world for then he could haue done it of himselfe without once God haue mercy to the Emperour Paulus diaconus And his successor Bonifacius the fourth put vp a supplication to the same Phocas that he would vouchsafe to commaund that the Temple of Pantheon at Rome which had beene dedicated to all the Pagan Gods should be conuerted to the Church of the virgin Mary and of all the holy Martyrs Seuerinus I trow this example is of some moment Anno. 636. Seuerinus was chosen Bishop of Rome to ratifie the which election saith Sabellicus there must be had the assent of the Emperours Lieuetenant in Italy called the Eparch Isaac that then had that charge came therefore to Rome as he saide but because he woulde be paide for his paines he tooke out all the treasure out of the vestrie of the Laterane Church deuiding parte of it among his souldiours and sending parte vnto the Emperour and least he shoulde be called an ill cooke hee also licked his owne fingers and yet the Pope stirred not one whit such powerlesse princes were Popes in those daies Sabell and such seruile subiectes vnto Emperours Againe aboute Anno Domini 650. Constans the Emperour commaunded his Eparch Olympius to cōmaund vpon their allegeance Martin the Bishop of Rome and all the rest of the Italian Bishops to embrace the heresy of the Monothlites Martin which if they should refuse to doe that then hee shoulde take order that the Bishop of Rome might be taken prisoner or if that could not be done without great vprore by reason of the good will and defence of the people for much was the authoritie and maiestie of the Emperours decayed with the people of Rome by there farre distance there small Empyre in Italie beeing cooped in a narrowe corner by the Lomberdes their heresies and vngodlinesse and finally because they had made the seate of their Lieuetenant to be at Rauenna that then he shoulde cause him sodenly to be slayne by some sleight he came to Rome declared the Emperours commaundement the which the Bishop refused to accomplish but to apprehende him the Eparch durst not and of murdering him he missed But two yeares after Theodorus the Eparch entered the Citie apprehended him sent him in Irons vnto the Emperour who confined him into the Chersonesus of Thrace where for pouertie he perished Anno 667. Diac. Constans the Emperour after he had vnfortunatelie fought in Italy with the Lombardes came vnto Rome the Bishoppe Vitalian with all the clergie going forth sixe miles to receiue him who shortly after deceiued them for hee spoyled the Church called Pantheon of all the sacred ornamentes Vitalian and vncouered it taking of the tile of copper yea and all the auncient pieces of worke eyther of copper or marble that he could finde in the whole Citie and sent to Constantinople so that he defaced Rome more in seauen daies then all the Barbarians had euer done since the declination of the Empyre and the like

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