hauock he made in all the the Churches subiect vnto him in Italy Sicileye and Sardinia and yet for all this Peter drewe not the sworde for hee yet remembred how bitterly his master had once checked him before for fighting Anno Dom. 700. Iustinianus the Emperour saith Diaconus commaunding Constantine the Pope to come vnto him honourably receiued him Constantine and sent him backe whom he beeing prostrated on the ground desired to be an intercessor vnto God for his sinnes renewed all the priuiledges of his Church why then the priuiledges were first giuen by the Emperour and not by God himselfe But that the Emperour fell downe at the Bishops feete it was done in respect not of his greatnesse but of his godlinesse a thing vsually done by great princes vnto ancient Monkes and Hermites renowned for their strict life and rare pietie whereof all Christian histories yeelde vs store of examples and this to be soe doth his request of intercession vnto GOD for his sinnes manifestly shewe But to returne againe to our practise about Anno Domini 690. another Iustinian the Emperour sent Zacharias his Protospatharius or high Constable into Italy for to bring Sergius the Bishop of Rome Sergius vnto him in Irons because he woulde not subscribe vnto a lewde counsell helde by him at Constantinople Sabell and he had done it if that the Emperiall Armie in Italy what for hatred of the Emperour and the good will of the Pope and his cause had not speedily marched to Rome to withstand his apprehension yet this Emperour did afterwarde renewe for Constantine the Bishop a confirmation of all the pâ—iuiledges of the Sea of Rome This Constantine was the first Bishop of Rome saith Omphrius the newe Chronicler of the Popes Qui in os ausus est resistere which durst resist the Emperours of Constantinople to their faces for he at the importunate petition of the people of Rome who requested it with great outcries decreede that the name of Philippicus the Emperour shoulde not be mentioned at the Aulter nor in anie writing or recordes nor his image set vp in their Churches because he had commaunded the Bishop to consent vnto his Arrianisme and the abolishing of the Images of Saintes But Paulus Diaconus who liued neare that time writeth that statuit populus the people decreede and not the Pope About Anno Domini 7â—5 Leo Isauricus the Emperour commaunded Gregory the Bishop of Rome Gregorie the second to destroy all the images of the Saintes the which he refused to doe But although the Emperour did execute many therefore and about that matter banished the patriarch of Constantinople and had sundry times practised the Popes death both couertly and also by open forces causing the Eparch to bring his Armie before the Citie of Rome where he was repelled by the Lombardes yet woulde the Pope by no meanes be wonne to consent that a new Emperour should be chosen in Italâ—e the which was now in a good forwardnesse the people hauing slaine Martin the gouernour of the Citie of Rome and his sonne the Lieuetenant of Campania and the Citizens of Rauenna the Eparch and had chosen them almost in euerie Citie newe officers But Gregorie woulde by no meanes consent thereunto but wonne them to be quiet with much a doe But when the Emperour woulde not desist from forcing of his edict for the abolishment of Images vppon the Romanes and the Italians Gregorie the third successor vnto the other helde a Counsell in Italie wherein he excommunicated the Emperour and then the Citizens of Rome and all the teritorie about called by the name of the Duchy of Rome reuolted from the Emperour who was negligent in defending them against the Lombardes that had sweeped him almost out of all Italie from Rome to the Alpes and soe the Pope became prince of the Citie and Duchie of Rome S. Sigon de regno Italiae and subiect vnto no man about the yeare 730. And to establish the state of the Romane principalitie by stopping of titles Zacharias the Pope wonne his Creator Pepine the french king to spoyle Aistulfus the king of the Lombardes of Rauenna by right whereof beeing the siege of the Gotish kingdome and the emperiall exarchate in Italy The Pope cannot depose princes he claimeth tribute of the Romanes and for to bestowe it vppon him and his successors for to take away all quarrell for euer Thus ye see that the Bishoppes of Rome were alwaies subiect vnto the temporall princes of the Citie vntill such time as the reuolting people had created him their prince as all other Bishops in ciuill soueraigne so that the Popes are not exempted of temporall subiection by the institution of GOD but by the election of men as the high priestes became to be soueraignes after the returne of the Iewes from Babylon there beeing ordained to be the temporall prince Then seeing by the ordinance of God the Pope was a subiect and by the creation of men beeing made a soueraigne onely ouer some certaine prouinces I cannot see howe eyther by Gods Law or mans hee can rightly claime anie authoritie to depose Christian princes at his pleasure no more then any other subiecte can his soueraigne or seuerall soueraignes one another to grant eyther of which is soe absurde that I shoulde shewe my selfe to haue verie little witte if I shoulde goe aboute to refute eyther as though any man that had common sense woulde doubte of them For to reason that Sixtus Quintus because hee is secular soueraigne ouer these prouinces which are called the patrimonie of Peter may therefore depose all other Christian princes is as good an argument as if I shoulde saie ELIZABETH is Queene of England therefore she may depose the prince of the patrimonie and all other Christian princes So that by prouing my first proposition that Christ gaue vnto Peter and his successors no soueraignetie secular I haue also conuinced the seconde that they can not depriue Christian princes of their principalities The Pope cannot depose the temporall soueraine Neyther is the Popes claime anie thing aduanced by those two sayinges of Christ vnto Peter which I doe finde alleadged by Gregorie the seuenth when hee first of anie Pope deposed Henry the fourth Emperour as the warrant of his doings Plati The first is feede my sheepe wherein hee did not sayde Gregorie exempt Kinges And the other whatsoeuer thou shalt binde on the earth shall be bound in Heauen and whatsoeuer thou doest loose in the earth shall be loosed in Heauen For I haue proued before that Christ his kingdome was spirituall and soe a spirituall charge of soules hee committed to Peter and the rest of the Apostles and their successors and noe Empyre ouer the bodies and goods of anie men But Doctor Sâ—uâ—ders takes greate holde of the Greeke woorde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Poimaine which the Apostle vseth when Christ bad Peter the second time to feede his sheepe for that
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 froÌ„ 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 Diaâ— 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 câ—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 Iâ—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 â—â—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 Bishopprickâ— 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
because he would not accept at his coÌ„mandement Langton for Archbishoppe anone after excoÌ„municated Langton and the Byshoppes and the Barrons his confederates because they woulde force the King to performe the oath which his owne legate had commaunded the King to sweare at the attonement making for the restoring of the auncient lawes of the land if the lawes were vniust and it was a wronge to constraiee the King to restore them why did hee force the King to sweare the restitution of them But if they weare iust good and godly and for the publicke profitte why did he not rather assist then excommunicate them that sought to force the king to keepe his bodily oath made vnto him and them the which he had also done at his coronation yea and had made at the time of the peace with the Pope a Charter of them which also this Pope himselfe confirmed Now the case was altered Although indeede this case was of greater moment and the Pope must still pleasure his friendes First his cardinall was to be aduaunced to an Archbyshoppricke and then the king his new vassall was to be enfranchised of all othes and honesty and vpholden and maintained with both swordeâ— in all tyranny and villanie If any credit is to bee giuen to all the Catholicke Cronicles of that age And this I speake not for that I doe like or allow the rebellion of the Barons Lib. 9. but to shew the irreligious pertiality of the vniust peruerse passionate Pope I doe also finde in Cromerus that the Archbyshoppe of Gnesne did excommunicate Boleslaw the balde one of the Polonian Princes Duke of Legnitz for taking prisoner the byshoppe of Preslen and certain other of that Church and detaining them in prison And when that for all this he woulde not release them without ransome Pope Alexander the fourth willed the Archbyshoppe to proclame a Croly against him in Polen and the Archbyshoppe of Magdenburge annother in Germany But these excommunications for imprisoning of Prelates to proceede of partialitie is manifestly discouered by the same Cromerus who writes that not farre from the same time another Archbyshoppe of Gnesne did excommunicate Boleslawe the chast duke of the lesser Polen and interdicted the whole prouince because certaine young Gentlemen had eyther by the commission or permission of Boleslaw the chast taken and kept one moneth in honorable custodie Paule the Byshoppe of Craccow because that contrary to his calling he was wholly giuen to pleasures hunting and letchery was grieuous to his subiectes stubburne towardes his Prince neither would mende his manners for the entreatie admonishmeÌ„t of his Chapter and Prince but also tooke a Nunne out of a Nunery kept hir for his Concubine Yet was the Godly Prince forced to let loose this vngodly prelate to giue him two hundred pounde of siluer for a mendes whereas if he had giuen him his desert a halter he had preuented a daungerous and bloodie Rebellion afterwarde in reuenge hereof procured by the Bishoppe also a pitifull wasting of the country done by the Lythuanians at his traiterous instigation Hitherto ye haue heard not of one Prince deposed for Christes and the common causes but all for priuate quarels here I willingly and wittingly omitte the depriuations of Sicilian and Neapolitaine Princes and all other ouer whom the See of Rome clameth to haue Soueraignetie secular And I can finde onely foure Princes deposed for Religion The first Raimond Earle of Tolowsen Since the writing of this booke Henry king of Nauarre hath been â—â—priued of his dominions by the P â—â— whether because he did embrace the Religion of the Albigenses or because he did not expell them out of his dominions of certainety I know not The seconde George Pogrebrot the King of Boemia for maintaining the doctrine reuiued by Iohn Hus And the third and fourth Henry the eight and his daughter Queene Elizabeth our renowned Princes and dreade Soueraignes And although some hott headed Catholickes Romaine will perhappes praise the Popes zeale in deposing of our Princes yet must they needes all confesse that it was done smally for the weale of him his friendes here and therefore done without iudgement and discretion And that these maâ—do bulles haue killed many and hurt more of the Popes friendes and fauourers but not done one halfe penny worth of harme vnto them against whome they were sent And how smally they haue bene regarded of the Popes most deuoutest children it may apparantly appeare by the leagues made by Charles the Emperour and Charles the french King with King Henry and her maiesty after they were excommunicated and depriued by the Popes and the one an euerlasting league both offensiue and defensiue to the euerlasting shame of such subiectes as haue sought to reuolt or shall wickedly beare armes against the soueraigne in that vniust quarrell But to conclude if wee doe wisely weigh the matter and carefully call to minde all the wofull warres and wastes massacres miseries and calamities that this practise of deposing of Princes hath wrought wee shall finde that the West Church hath beene more wasted and weakenâ—â— thereby and that it hath caused the murder of moe men then all the cruel persecutions of the heathen heretickes and all the bloodie swordes of the Turkes and Saracens Thus hauing shewed that this deposing of Princes is neither authorised by the word of God nor warranted by the practise of the Iewish nor Christian Church within one thousand yeares after Christ nor then deuised or since practised The Pope cannot release subiectes of their aleagiance for the profitte and benefitte of the Christian common weale Let vs goe vnto our third propositioÌ„ that the Pope cannot loose subiects of their natural duetifull faith and obedience vnto their Princes It is the common opinion of all diuines Catholicke Romaine that the Pope can not dispense in those things which are ordained by God But this obedience to princes to be coÌ„maÌ„ded by the law of god it is most manifest by the places which we haue afore alleaged out of the sacred Scriptures in the first proposition Wherefore as Christ saide of Marriage those whom God hath ioyned togeather let noe man separate and doth pronounce him to be an adulterer that doth put away his wife and marrieth annother vnlesse it be for fornication notwithstanding that Moses had for the hardnesse of the Iewes harts permitted them many other causes So likewise may not the Pope separate the subiectes marryed to their prince for so they are solemnely by a ring in our lande from the Prince for any other causes then such as God hath ordained and what subiecte soeuer shall for any causes put away his Prince and take annother committeth rebellion and treason And as Christ did abrogate that permission of Moses so likewise must that of the Popes be repealed and so much the rather because the Popes constitutions are not so well warranted as were Moses ordinances who receiued them
by little and little they came to take place aboue all Bishoppes Archbishops Metropolitans Primates Patriarkes which began to be vsed by little and little about the time of Gregory the seuenth Vrbane the second in which times the election of the Pope whose authority did then begin to be supreame as well in spirituall thinges as temporall the Emperours being depressed or trodden downe was taken out of the hands and power of the Emperours and granted especially to the Cardinals And anone after a Priest Cardinall was a meane place between a Bishop other Priestes not Cardinals But in the time of Alexander the third vnder whom the Church of Rome was aduanced to the highest top or step in earth the most mighty Emperour Fredericke Redbeard he also a most infestious foe of the Church of Rome being trodeÌ„ vnder foot vanquished and forced to desire peace of the Church then first contrariwise Priest Cardinals were made of Bishops for the dignity of the Cardinals did stil grow with the dignity of the Church Bishops of Rome but that was greatest in those daies Thus farre Omphrius But because Platina others do affirme that the Pope the Emperour first fell out about symony or inuesting of Bishops let vs see how iniuriously herein the Pope dealt with the Emperour It doth appeare both by the Bookes of the canon law also by Sigonius and other historians the Popes chiefe fauourers that Pope HadriaÌ„ gaue vnto Charles the great the king of the french men Emperour of Rome Leo the eight vnto Otho the great the king of the Tuischtmen Emperour for euer the inuesture of the Bishops of Rome of al other Bishops within their dominions decreeing that no Bishop chosen by the clargy and people should be consecrated vnlesse he were first nominated inuested that is had the crosier and ring deliuered him by the Emperour this authority priuiledge enioied al Emperours from Charles the great vnto this Henry being the 17 in succession and that he vsed it no otherwise it is aparant by the election of the Bishop of Cullen by the clergy the people a little while before this broile wherof we do read mention made in Lambertus Snatchburgensis A thing alwaies vsed in England that neyther Bishop nor Abot should be chosen without a conge de ler or licence to chose first obtained of the king nor reputed for Bishop before the king had confirmed him So likewise Hosius contra Brentium doth affirme that the kings of Poland haue alwaies had the nominating of all Bishps with in their kingdom Now of this ancieÌ„t part of his patrimony of the Empyre would Gregorie spoyle Henry yea and all lay men making a decree that he should be accursed that did take any ecclesiasticall dignitie or benefice at the hande of any lay man See Platina and Sabell and did also excommunicate the lay man that should giue any nowe I pray you which of them two shewed most charitie Henry that for quietnesse sake was contented to loose the right which he and his ancestors had so long time held in confirming of the Bishops of Rome in the cause and bloodie schisme of Alexander Gregories immediate predecessor or Gregorie that was not contented and satisfied with this rare indulgence of the Emperour in one and the greatest Bishoppricke but would depose him vnlesse he would also surrender his right in all the rest eyther would haue his wil or else would set all Christendome in an vprore And put case he had solde two or three small Bishopprickes as his enemies did charge him for the great electors sees they themselues beeing his enemies confessed he had not sold was that a sufficient cause to make him forsake him and his successors for euer an ancient right and inheritance belonging to the emperiall crowne as the presenting vnto benefices is an inheritance of many secular subiectes And could the Church of Christ be so much endamaged therby as with thirtie yeares bloodie warres in all partes of Germanie and Italy through the troubles whereof neyther the Popes nor other Bishoppes could employ their functions But letting this passe Philippe the next deposition was of Philip the Emperour for inuading Peters patrimony before he was Emperour and while he was duke of Tuscan But because some will say he was neuer Emperour because through the Popes menaces but fiue of the electors had chosen him we will let him passe and come vnto Otho Otho the Duke of Saxon whom two of the electors afterward at the great instance of the Pope had chosen Emperour and whom he almost immediatly after he had crowned him deposed because he inuaded the landes of his puple and vassall the king of Naples Did this come of charitie or of a priuate quarrell It is apparant that the Popes vsed not nor now doe to censure anie prince for enuading of his neighbour vnlesse he were a vassal or priuiledged prince of his And then to make vp the good three comes on a row Fredelicke the second Emperour Frederick and also king of Naples for inuesting of Bishoppes in Naples and leuying money of the clergie And after the controuersie was ended againe because he did not performe his vow to goe into the holy land and that also satisfied for making warres against the rebellious Lombardes or to make the verie worst of it for practising with the Frangipanes and other Romanes to reuolt from the Pope whom he distrusted did secretly ayde his rebelles in Lombardy And did not flesh and blood and priuate reuenge raigne in all these actions were any of these causes so weightie that for them should be raised vp the pernicious factions of Guelses and Ghibbelines to set at enmitie for euer not onely euery prince prouincâ— and Citie of Italy but also euery name and familie for to embrace their murdering swordes The last deposed Emperour was Lewes the fourth Lewes See Platina and Nauill because he intermedled in Italie before the Pope had crowned him a vsuall thing and that which was the very cause indeede because he openly professed himselfe a fauourer of the Ghibbelines and namely the vicecount whom the Pope deadly hated and had excommunicated for taking armes against the Guelses and put the Florentines and the Neopolitanes and the other Guelses in feare least he would saith Platina exâ—ct of them Iura imperiaâ—a the rightes belonging to the Empyre And who seeth not heere partiality and not charitie Moreouer Peter Peter the king of Aragon was deposed and his kingdom of Aragon giuen vnto Charles of Valois the French kinges brother because he had receiued the Sicilians reuolting from the tyranny of Charles the Duke of Aniou whom the Pope had placed prince there And doth not also smell of priuate reuenge Is this the common good that Pighius beareth vs in hand the Church of Christ reapeth by this prerogatiue of the Pope that he doth therby reuenge the priuate
displeasures of himselfe his friendes and vassalls At the same time the french king Philip le Beau had spoyled Edward the fiâ—st king of England iniuriously of the greatest parte of Guienne and also Guy the Eare of Fuaunders almost of his whole Earldome and was not deposed therefore The cause is apparant Sicily was held of the Church of Rome and so was neither Guienne nor Flaunders But although he escaped scot-free for these wronges and the long detayning in prison the Earle of Flaunders and two of his sonnes yet he was depriued of his kingdome by Pope Boniface the eight Philip the faire for imprisoning of a french Bishop that rayled at him and menaced him when he coulde not winne him to grant to goe with an Army into the holy land on the which message the Pope had sent him vnto the king as saith Platina But the french Chronicles report that the king caused him to be apprehended at home at his owne house for that he vnderstoode that he vsed often to speake very ill of him and to rayle outragiously on hm and deliuered him vnto his primate the Bishop of Tolouse to punish him with his aduise The kingdome of France was giuen vnto Albert the Emperour perhappes for a reward of his wickednesse in slaying of his soueraigne Adolph the Emperour for other punishment I doe not finde that Pope did put him vnto therefore See Munâ—ter cosâ—â—â—mog lib. 3. in Al. 2. But yet I doe not doubt but the fault was more heinous then emprisoning of a Bishop for rayling against his prince and Lord. Yea and that God did so account it he made it manifest vnto the worlde by his seuere punishment of all the conspiratours For Albert himselfe was murdered by his owne Cosen germane the Archbishop of Ments founde deade sitting in his chaire The Bishop Stasburge was slaine by a pesant at Fâ—â—â—â—nge in Brisgow The Earle of Linengen died maâ—de The Earle of Sweibrucken was drowned in a riuer The Earle of Ochsenstein had his deaths wound in the battell And the Earle Hâ—â—gerloch was slaine on the way by Otho the Duke of Danao But to proceede Lewes th 12 of France was excommunicated denounced a scismatike and his kingdome and goods exposer for a common spoyle to all Christians and the like penalty pronounced on all them that did or should take his part or ayde him Lewes the twelfih And therefore Iohn the king of Nauarre lost his kingdome for procuring of a generall counsell to be called and held without the consent of the Pope against the Pope that there his infestious foe Iulâ—us the second might be deposed an other more frendly placed in his roome And doth not this altogether smell of priuate reuenge and not of charity But perhaps you will say it was a foule part of him that would be called the most Christian king to sow sedition and scisme throughout all Christendome for his owne priuate quarrell and that this doing of his was so ill thought of by most of the pri◠〈…〉 of Christendome that they entred therefore into league against him and had almost set him besides his saddle In truth I can neyther prayse the practise nor the pollicie of the French who sought to represse the iniurious attemptes of the Pope against him rather by colour of lawe to the disturbance of all Christendome then by armes and inuading the Popes territories as Philippe the moderne king of Spayne wisely did in the like case and fondely thought it lesse enuyous Anno Domini 556. and more agreeable vnto his surname of the most Christian king which his ancestâ—rs had purchasesed by defending the Popes and Peters patrimony with armes to rayse vp a scisme then to force the Pope to frindship by materiall force But that the Pope compelled him to this outrage all writers doe confesse For first contrary to the league made at Cambray betweene him the Emperour the French king the king Spaine and the Duke of Ferara against the Venetians who had encroched vpon theÌ„ all he hauing gotten all that he claimed â—ee Iouius â—n vita Alâ—hons â—â—uiciardiâ—â—o not onely made peace with the Venetians without the consent of his confederates but also excoÌ„municated and with armes enuaded the fast friend of the French the Duke of Ferara because that he not hauing yet recouered all his right of them would not cease to molest the Venetians And also he left no stone vnturned to turne the French out of Milan an Genna the which he at the length brought to passe And was not he then the author of all his tragedie Moreouer this Popes brothers sonne Duke of Vrbine cruelly murdered of emulation Alidosius a Bishop a Cardinall See Iouius â—n vit Alphons Guic. Boleslaw and Legate of Bologna almost in the Popes sight and was put to no penance therefore But Boleslaw the hardie king of Poland was depriued by Pope Gregorie the seuenth of his kingdome and also the country of the honour to haue a king in the which dishonour it continued 200 yeares fâ—â—â—â—ying with his owne hande in his fury Stanislaw the Bishop of Craccow for excommunicating him yea and interdicting the whole Citie of Craccow to make him the more odious because he openly kept another mans wife and for adultery a thing which as it should seeme by Cromerus as common in Poland in those daies as the cart way Yea those noble women that were honest were forced to forsake there owne howses See Cromerus hist Pola lib. 4. for feare of force and rauishment yea and it was common in Italy and passed vnpunished in meaner men then princes But yet in verie trueth the kinges fact was verie foule and made worse by the furie of his fellowes that chopped in peeces the slayne corpes and cast it to the crowes And yet perhaps Dauid did almost all ill in defiling of a noble mans bed while he was in his seruice in the fielde and afterward commaunding him to be murdered for his amendes but so dealt not Bolislawe with Stanislaw and if the qualities of the persons be not equall then the manner of the doing doth ouermatch the one being done without any prouocation and of aduised malice the other vppon a greate ignominy vnwonted with kinges offered him and vpon a sodaine while his blood was hotte which seauen yeares continuall absence from his countrie in forraine warres a little before had ouerheated And yet Dauid lost not his Kingdome therefore Neither doe we reade of any realme interdicted for murdering of their Kinges whereof we haue almost infinite examples or any man deposed for intruding into them by such wickednesse vnlesse perhappes the murdered Prince were the Popes vassall Soe that this zeale in seuere punishing of princes for misusing them of the clergy I feare me may be imputed rather to a partiall fauour towardes them of their owne coate and done for their owne securitie then for zeale of Iustice Like as our Sargeants at
London are an hunded times more hotte to haue one hanged that hath slaine the basest Yeoman of theires then another that hath murdered his maister or the best noble man within the land Iames the fourth the Scottish King flew his father in the feilde and had noething said vnto him therefore but was excommunicated for aiding of his auncient Alie the french King whome the Pope loued not neither could his lamentable losse of life in that quarrel quench the Popes Choler but that he persecuted him when he was deade long time denyning his deade body buriall but yet that is noe sinne against the holy ghost for to aide on denounced a scismatike by the Pope nor to beare armes against the captaine of a croysy it doth appeare by that we doe reade in Mariners his historie of Spayne when Peter the king of Aragon comming to ayde the Earle of Tolouse and the Albigenses against whom the Pope had sent a croysy was slaine in battell by the Earle of Monsfort generall of the Croysy and that he would not deliuer Iames the sonne of Peter who was brought vp with him and shoulde haue maried his daughter but for this mischance vnlesse he would sweare that he would not reuenge his fathers death the Pope vpon complaint forced Monsfort by sharpe censures of excommunication to set him at libertie without any such promise that the Pope it was Iuno Centius the third might shew that he was annother God that woulde haue mercy where he woulde and be mercifull to whome it pleased him and that he doth nothing of desert but all motu proprio as they vse to say but yet perhappes he shewed grace vnto Iames for his fathers Peters sake who had purchased before hand his pardon for dying in the feilde in the succour of a scismaticke and heretike by being crowned at Rome by the Pope with a crowne made of singing breade or wafers and by graunting vnto the Pope the right to present vnto all ecclesiasticall lyuings But to returne againe to the deposing of Princes Iohn King Iohn the king of this land bereft both of kingdome and life Arthur his elder brothers sonne who had bene ordained and proclamed here apparant by common consent and kept his Sister with duble iniury in perpetuall prison and escaped scotfree at the Popes handes but when he would not accept for Archbishoppe Simon Langton a Cardinall of the Church of Rome aduanced to that office through the Popes extraordinary dealing hee had his whole realme interdicted which sustained no harme for accepting him for King against right and also himselfe was deposed therefore And what reason was there but that the King might aswell maintaine for Archbyshoppe the Byshoppe of Norwich the faithfull president of his counsell and a man whom the Pope coulde not iustly mislike being first chosen at Ganterburye by the Prior almost the whole couent as the Pope Simon Langton his Cardinall chosen after the other at Rome by a few of the couent that I may omitte that noe Byshop could euer be chosen in this realm without the Kings licence nor being chosen counted Byshoppe before the King had confirmed him And if the Pope said that the couent chose Norwitch at Canterbury for feare of the King because they had first elected their superior might not the King as truely say that they chose Langton at Rome for feare of the Pope for did he not force them to a new election yea threatned them who were afraid of the kings displeasure if they chose not Langton if Langton was an ill man why was the Pope so importunate to haue him Archbyshop if he were a good man why did that Pope shortly after himselfe excommunicate him what bare rule here but flesh bloud Did Langton so farre passe Norwich that hee would do more good to the Church of England then Norwich could do if he were placed Archbishoppe then the ceasing of all publicke seruice of God administration of the sacred Sacraments for the space of six years for so long the interdict lasteth thoughout the whole land could do harme how many soules may a mā probably think were lost through this long irreligiousnes which otherwise might haue bene saued I omit the great murdering of priests the banishing of Byshoppes the rasing of Abbes Churches Chappels the manifould miseries massacres wasts that I know not whether this more wilful or wofull interdict brought vnto this whol land But ye wil say that before the land was interdicted the king had driuen out of the land the monks of Canterbury seased on al their land goods And afterward did the like to the Byshops that published the interdict And also turned out of al such of the religious spiritual persōs as did fauour the Popes procedings all this before he was deposed by the Pope But yet all these mischieues proceeded of the Popes indirect dealing to make his Cardinall Archbyshop and if the Pope woulde haue relinquished that action the king had soon bene appeased And can any indifferent man thing that the king had not iust cause to bee displeased with the Couent of Canterbury who first chose scecretly in the night without his congedelier there Superior Archbishoppe and also priuilye sent him to Rome without the kings notice to be confirmed of the Pope and then misliking of their owne doings elected with the Kings licence his fauourite Norwich whom they afterward reiected without the kinges licence chose at Rome Langton one whom the King knew not And did not the Pope offer the King such a wrong as hath bene done neuer before nor since that time to cause the couent to choose a Byshoppe without the Kinges congedelier that to at Rome by a few of the couent sent thither in messages without their Pryor And if ye doe thinke the king dealt rigourously in banishing the Byshoppes that interdicted the land and in ceasing on their goodes that fauoured the Popes actions How can you excuse the Popes cruelty in interdicting the whole land whereof one halfe did take his part And faine would I know of you whether it proceded of charitie that the Pope woulde not release his interdict and censures when the King offred to receiue Langton See Mathew of Paris restore the banished men and fully to satisfy all men for theire losses vnlesse he would also become his vassall and make his realmes of England and Ireland tributarie for euer vnto the see of Rome was this charitie or couetousnes and ambition And againe came this of Charitie that the Pope who stoode so stiffe for the restitution of the losses of the clergie before the king had subiected himselfe and his Realmes vnto him did after that his owne turne was serued force the Byshoppes to take halfe their due and the rest of the clergie to beare their owne damages without one penny of recompence And yet see more partialitie in this Pope First he excommunicated deposed the king
of the very mouth of God himselfe And if Christ saide he came into the world not to dâ—stroy the law but to fulfill it by what right can the Pope who deriueth his authoritie from Christ as his substitute and deputy in the earth claime the authoritie to make that voide which God hath ordained And faine would I know of you what faultes you finde in the word of GOD that subiectes may reuolt from their Prince and take them to another And I am sure you cannot name me one for doubtlesse there can be noe greater faultes in a Prince then Idolatry and tyranny and yet wee haue expresse commaundementes of GOD from his owne mouth vnto the people of Israell for to bee obedient vnto two notorious Idolaters and triumphes An obiection of controuersie with the wicked aâ—swered the one by the Prophet Ieremy Chap. 27. that they should serue Nabuchadonisor the other by Christ himself that they should pay tribute vnto Cesar But ye will say that Christ saide if thy brother will not heare the Church let him bee vnto thee as an Ethnicke and Publicane or customer and that we are commaunded by Paule not to keepe company with the wicken and by Saint Iohn not to say good morrow to an heretike And now I would fayne know of you howe the Iewes did shunne an Ethnike and a publicane did they not pay tributes and customes vnto ethnike Emperours did they they not serue them in warre finally did they not doe all dueties of loyall subiectes did they not also come vnto the publicans to pay their customs and towlles although they were nor familiar with them did vsually keepe them company Againe when Sant Paule did charge the Corinthians not to keepe company with a brother that was a whoorhunter or couetous or an idolatour or euill tongued or a dunkard or a violent taker away of other mens goods and not to eate meate with any such Doe you thinke the wife that had an husband the childe a father the bondmand a Lord or master infected with any of these faultes were thereby incontinently discharged of all duety towardes them yea and bound in conscience speedily to runne away from them and neuer to doe them more seruice nor come at them I am sure ye will say no for by the canon law they are bound to abide with them being excommunicated for any other faulte then for heresy And that is a latter edition of the Popes for there is no such distinction to be found in the coÌ„mandement of God nor his Apostles But all excommunicated and wicked persons are alike commaunded to be shunned and no difference to be put betweene the Idolater and the whooremonger So then if Christ and his Apostles did not discharge the wife the childe or bondman of their dueties towardes the excommunicated neyther did they also the subiectes of their alleageance to their prince for they be as fast tyed to their prince by a bond and lawe which onely death can vndoe as the wife is to hir husband and therefore included in this word Lex of the canonicall verse that shewes who may communicate with excommunicated persons Vtile lex humile res ignorata necesse and also aswell vnder and subiected to their soueraigne as the childe vnto his father and the bondman vnto his Lord and master and so are comprised also in the word humile of the same verse But let vs returne where we left The Pope deposed Boleslaw the king of Polen for slaying in his rage Stanislaw the Bishop of Craccow yet when Saule had without cause vniustly and tyrannically slayne Achimelech the high priest and all his whole house saue one that fortunately escaped yea priestes in number fourescore and seuen all the men women little children sucking babes oxen asses and sheepe that were in the Citie of the priestes called Nob Yet Dauid whom God had annointed king and Saul did causelesse cruelly persecute from place to place sought by all meanes to bereaue of life yet thought not himselfe discharged of his allegeance by this detestable murder of the sacred priestes of God but when hee had him twise at aduantage saued his life and tolde Abisri who desired him to dispatch the tyrante with one blowe slewe him not for who shall stretch foorth his hande against the annoynted of the Lorde and shall be innocent As sure as the Lord liueth vnlesse the Lorde shall strike him or his day shall come that he die or perish in sight God neuer be mercifull vnto me if I doe stretch forth mine hande against the annoynted of the Lorde Yee see heere a playne assertion of Dauid that subiectes are not released of their alleageance if that their princes fall to vngodlinesse and tyranny much lesse doth he allowe that euerie priuate man murder him shamefullie yea when a younge man brought Dauid newes of Saules death and presented him with Saules diademe and bracelette Dauid put him to death because he had tolde him that at the Kinges great instance and entreatie that he might not fall into the handes of his enemies who enuironed him rounde about hee beeing no Israelite but an Amalachite had killed him saying why didst thou not feare to sende thy hande that thou mightest kill the annoynted of the Lorde And againe the bloode be vpon thy heade for thy mouth hath spoken against thee saying I haue slaine the annoynted of the Lord. Wherefore seeing Dauid doth allowe no cause of reuoulte and doth thinke that the subiectes are loosed of their alleageance by no fault and wickednesse of their prince by what warrant of the worde can the Pope at his pleasure release subiectes of their alleageance And whereas we reade in the 34 of Iob that GOD doth make the hypocrite man to raigne for the sinnes of the people or as other translate it to afflict and plauge the people what a malapart parte is it of the Pope to pull the rodde out of Gods hande by violence and to chase him away whome God hath specially sente to chastice his people Neyther haue I sucked this sentence out of mine owne fingers endes but learned it of a learned greate Pope Gregorie the greate who interpreting in his moralles the late rehearsed place of Iob and alleadging vnto it the thirteenth of Osee I will giue Kinges in my furie hath these wordes Quid ergo illos nobis praesse despicimus quorum super nos regimina ex Domini furore suscepimus Why then doe we despise them to be our princes whose raignes and gouermentes ouer vs wee haue receiued from the wrath of GOD So that the Pope may not displace the good princes because they are good princes nor the euill because they are placed by GOD to punish his people And if the Canonistes holde that no man can iudge the Pope because he sitteth in the chiefest chaire Who then shall iudge the king who is saide in 2. Paralip 9. to be ordained of God to set vpon his owne throne and shall
any mortall man be soe audacious to pull him out of it And if that no man can excommunicate the Pope because no man is his superiour neyther can any man depose a king because no man is his superiour But the obiection out of Ruffinus his contimation of Eusebius that Constantine the great said vnto the Bishoppes assembled in the counsell of Nice A Place of Ruffinus answered God hath constituted you priestes and hath giuen you power to iudge also of vs and therefore iustly are we iudged by you But what is the vttermost that can be inferred of these wordes then a spirituall iudgement for seeing he maketh them iudges because they are priestes and not princes how can it import any secular power for the name of priest signifieth a man seperat from secular matters and wholly dedicated to heauenly and diuine So that to say that Bishoppes in that they are priestes are iudges ouer Kinges and Emperours in matters touching their crowne and dignitie is or absurde as if a man should say the Apostles had power to remitte and retaine sinnes because they were fishermen But as the Bishoppes shewed themselues farre from claiming any such authoritie by exhibiting vp vnto him as their soueraigne and chiefe iudge billes of complaint one against another So also did Constantine continually practise among them and vpon them his Empyre and soueraigntie So at the counsell at Nice when the definition of faith was presented vnto him by the counsell not the counsell but he did set downe the teÌ„porall punishment to the infringers thereof he protesting that he would banish all men that would not obey and embrace it And so immediatly after he banished Arrius and certaine Bishoppes that refused to subscribe And afterward as we reade in Socrates he made an edict that all bookes of Arrius his doctrine should be burned and who soeuer did conceale any and not bring them forth to the fire should die therefore we also finde in Theodoretus that he banished Eusebius the Bishop of Nicomedia and Thâ—â—gonus the Bishop of Nice because they sought to peruert to the Arianisme certaine Alexandrines and that he wrote thus to the Citizens of Nicomedia If there shall be founde any among you that shall audaciously praise and commend these pestilent Bishoppes their combes shall be soone cut by the execution of the minister of God that is by me So that the office of beeing Gods minister he kept still after he became a Chrstian neyther was it fallen vnto the Church by his embracing of the faith as Pighius saith And although he refused at the beginning of the counsell to heare and determine the accusations that the Bishoppes did put vp vnto him one against another of humility and pollicie because he would not haue that time vnprofitablie spent about priuate quarels which had beene appoynted for the common cause of Christ and his Church and therefore burnt all their billes of complaint yet that he dealt with the correction and punishment of Bishoppes it is apparant by that which I haue alreadie alledged and is made much more manifest by that Theodoretus writeth how the Arrians of Aegypt suborned by money certaine fellowes because if they had done it themselues it would haue smelt to accuse Athanasius vnto Constantine that he had set certaine impositions in Aegypt and giuen the money thereof to one for to raise a commotion in the country whereupon the Emperour sent for him to appeare before him at Constantinople a long iourney for the chiefe patriarch of the East whither he came and cleared himselfe so substantially that saies Tbeodoretus he recouered againe his Church allotted vnto him by God which is as much to say if he could not haue satisfied the Emperour he had lost his Bishoppricke After this his enemies accused him againe vnto Emperour of many greate crimes who thereupon following the honorable custome of this land that all men are tried by their peeres commaunded the Bishoppes of those countries to assemble together in counsell at Cesaria in Syria to heare the matter of Athanasius whither when Athanasius came not because he thought that seeing most that were assembled were his enemies he should finde no iustice there then they hauing gotten more pretences of slaunder accused him vnto the Emperour of audaciousnesse and tyranny See how it was accounted for an audacious part and rebellious for a patriarke not to appeare where the Emperour had commaunded him Neyther did there hope deceiue them for then the Emperour being exasperated did in letters vnto Athanasius both declare his displeasure and also commanded him to appeare at Tyrus for there should be held a counsell of Bishops Socrates reports that he threatned Athanasius that if he would not goe of himselfe he should be fet by force He also wrote vnto the counsell at Tiruâ— in which letters Theodoretus hath these wordes I haue sent vnto you Dionysius one that hath beene consul for to be president of the assembly that if any man which I thinke will not happen now all little regarding you commaundement shall not be there that there may be one hence from vs that by emperiall commaundement may banish him and teach him marke well these wordes that he must not disobey the order that the king hath appointed for the trying of a trueth But when Athanasius who singularly well acquitted himselfe coulde yet obtaine no iustice there secretly fled vnto the Emperour to Constantinople and put vp an appeale vnto him Constantine thereupon commaunded all the Bishoppes of the counsell to appeare before him at Constantinople with all speede the tenor of the mandate Socrotes setteth downe thus That all ye that held the counsell at Tyrus to immediately hasten to appeare before vs for to shew by deed the sinceritie and vprightnesse of your iudgement before me that is to wit him whome not ye your selues shall deny to be the propper minister of God From what power came this commaundement to a counsell to appare before the Emperour and to render a reason vnto him of their iudgement as vnto the chiefe minister and officer of God But to proceede with our historie when the Bishoppes were come to Constantinople they for feare of assured conuiction gaue ouer their olde slaunders and charged Athanasius with a newe lie that he should say vnto foure Bishoppes that he woulde let the comming of corne from Alexandria vnto Constantinople the which the Emperour ouer lightly beleeuing banished Athanasius into Trier in Germany where was now the Pope to depose the Emperour for banishing wrongfully the greatest Patriarch of the East this was worse then the emprisoning of the Bishop of Apamea by the french king for giuing him ill languages But to returne to our matter Socrates doth write that Athanasius his first troubles beganne because he woulde not receiue into the Church Arrius whome the Emperour did nowe take for a penitent and honest man whereuppon hee thus wrote vnto Athanasius Seeing that you doe nowe vnderstande the tenor of the
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 thâ—â—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 noâ— yâ—â— 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 beneficeâ— or dignities the incumbents whereof dye at Rome or within two dayes â—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
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