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
although he write very directly against the Pope popery yet in many respects doth he shew himself a papist as in following of corrupt translations in the places of scripture which he alledgeth in misapplying many of them contrary to the true sense meaning of the holy Ghost wherein although some warniâ—g is giuen by a few marginall notes added of purpose and signed witâ— this letter yet cannot the godly reader for all that be too wearie and circumspect in the particular consideration of the same Faults escaped Pag. 2. for euery read euery Pag. 3. for iu read ni Pa. 4. for Iunius read Fumus Pag 7. for 〈…〉 A COVRTEOVS conference with the English Catholicks 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 religiâ—n that the Pope cannot deposâ— her Maiesty or releaâ—e her subiects of their Allegiance vnto her NOw then to proue my first proposition that the Pope and all the Bishoppes and Priestes are subiect by the law of God vnto the temporall magistrâ—te All persons subiect to the temporal magistrat in whose realme and dominions they doe dwell thus I prooue Salomon Prou. 24. saith my sonne feare the Lord and King and intermeddle not or be not among detractors for their distruction wil arise sodainly and who knoweth the ruine of them both Likewise Saint Paul the Apostle in his writing to the Romaines thus exhorteth or rather commandeth them Chap. 13. Let euery soule be subiect to the higher power for there is noe power but from God but those which are were ordained by God c. So then he that resisteth the power resisteth the ordinance of God but they which doe resist do get themselues daÌ„nation for princes be no feare of good worke but of il but wilt thou not feare the power doe well and then shalt thou haue praise thereby for he is the minister of God vnto thee to good but if thou haue done ill then feare for he beareth not the sword without cause he is the minister of God a reuenger in wrath to him that doth ill And therfore ye must needes be subiect not onely for wrath but also for conscience for therefore doe yea also pay tribute for they are the ministers of God seruing for this very purpose Also in his epistle to Titus Cap. 3. he writes warne them to be subiect to principalities powers to obey their commandements Moreouer S. Petâ—r from whom the Pope clameth his moâ—arcâ—â— thus writeth in his first vniuersall epistle Cap. 2. Be ye â—ub ect to euery humain creature for the Lord whether it be 〈…〉 most excellent or vnto the presidents as sent 〈◊〉 him to the reuenge of euil deedes but to the praise of 〈◊〉 good because so is the will of God that ye doing well â—ay make mâ—re the ignorance of the vnskilfull as free men 〈…〉 as men that haue libertie for a cloake of naughtinesse but aâ— the bondmen of God and anone after feare God and honour the King Ye do see how the old and new law doe agree in the supreeme authoritie of princes ouer all persons borne or abiding within their dominions Paul vsing this vniuersall euery excepting none and Salomon and Peter an indefinite in this place equall vnto an vniuersall And Peter and Paul doe in expresse wordes giue vnto him the supreeme Empâ—re of administring iustice in punishing the wicked rewarding the good and that he is so the Apostle doth proue by that â—ll men pay him tribute the which also he commandeth to be paide and also chargeth all men to be obedient vnto him and not for feare onely lest otherwise the prince would make them smart but also for coÌ„science sake because theâ— are in duety bound so to do for that God had ordained them to be his lieuetenants in gouernement And therefore if they were not obedient vnto them they must needs be accounted reputed for rebels vnto God that would not accept him for their soueraigne whom God had set ouer them And Peter to suppres the carnal cogitation of the Iewes vnto whom he wrot that thought that the messias had enfranchised them by his redeÌ„ption from al subiection to man also to preueÌ„t the proud opinion of the clergy that should come after who would clame exemption from earthly subiection because they were appointed ordained dispensers of the misteries of the Messias he flatly affirmeth the claming of such libertie to be nothing else put a plaine pretence cloake for their naughtinesse For he would they shoulde remeÌ„ber that although they were deliuered by Christ from the bondage tiranny of sin death the Deuill yet they remained still his his fathers bondmen therfore ought duetifully to obey still the ciuill magistrats whom God hath placed in his owne throne his king his lieuetenant ouer them And therefore Salomon in the place afore alleadged An appellation in secular causes cannot be made to the Pope ioyneth them together saying feare God and the King God principally saith Lyra writing on that place and secundarily the King who is his Vicar in temporall things This being so I cannot chuse but much maruaile at that saying in Cap. Licet de sor comp that an appellation may be made from all princes temporall Yea such as do acknowledge no superiour in temporalities when none other can be had and the matter is of som weight For if as Tertullian saith in his Apologie that there is no man aboue the Emperour et quem soli Deo subiicio and whome I make vnder none but God in annother place of the same Apologie he saith of the Emperours of Rome in Dei solius potestate sunt a quo sunt secundi post quem primi ante omnes et super omnes deos quid in cum super omnes homines they are vnder God only vnto whom they are seconde after whom they are first before all men and aboue all gods and why not seeing they are aboue all men And againe if it be true that the graue and learned light of our Lawiers Bracton that liued almost foure hundreth yeares agoe in the raigne of Henry the thirde doth affirme in the beginning of his booke that a King cannot be a King if he haue any superiour in those things that doe appertaine vnto his crowne and kingdome and may not haue in his kingdome any equall much lesse any superiour especially in administration of iustice that it may be saide of him Great is our Lorde greate is his power c. And that he doth affâ—irme him to be the vicar of God on earth This place Psal 14â— 5 〈…〉 oâ—â—od I can not see by what right or reason an appellation in a secular cause can be made from an Emperour King or any supreame temporall magistrate vnto the Pope seeing he is not theire superiour in temporalities For all the worlde knoweth that an
the temple because hee offred incense but because the wraith of GOD had made him a leper the which kinde of men by the expresse commaundement of GOD might not conuerse with other And if wee will receiue the report and assertion of Iosephus a learned Priest and historian of the Iewes the priestes did not thrust him out of the temple but admonished him to depart the which hee did soone obey when he saw himselfe made so loathsome on a sodaine was astonied with the manifest wraith of God and hereunto the text seameth to assent which saith and hastily they expelled him c. But he himselfe also made hast to goe out because he had presently felt the plague or strooke of God But that he was as some seeme to say deposed of his Kingdome therefore we doe reade neither in the scriptures nor in Iosephus But onely this saith Paralyp So King Ozias was a leeper euen to his dying day and dwelt in an house by himselfe because he was full of leprosie for the which he had beene cast out of the house of the Lord Furthermore Ioathan his sonne gouerned the kings house and iudged the people of the land And almost the same words wee reade in the booke of the kings Soe that by the wordes of the text it doth not appeare that he was either deposed or did giue vp the Kingdom but onely abandoned al resort by reason of his contagious sicknesse and ignominy gaue vp the maneging of matters of state and the princely port vnto his sonne and so accordingly whosoeuer doth marke diligently the supputiaton of yeares which the booke of the Kings maketh shall manifestly see that he reckoneth Ozias his raigne euen vntill his dying day Neither if that Ozias had beene deposed because of his leprosy would it soe much further theire cause as they faine in saying that heresy is inward leprosy then Idolatry is And yet can they not finde that euer any King of the Iewes was deposed by the high Priest for Idolatry nor any Christian prince by the Pope for any cause for the space of seauen hundreth yeares after Christ although those times yeelded many vngodly Princes as we haue shewed you before of Emperours one flatly fallen from the faith vnto Paganisme sundry Arrians some Monothlets and Eutiches and many cruell persecutors of the Catholickes And so likewise many of the Ostrogothes in Italy were Arrians and many moe in the same prouince of the Lombard kinges And yet a farre longer race of the Westgotish Kings in Spaine But if any man will rubbe his face and say that the Byshoppes of Rome in those ages eyther had not so much knowledge in the worde of GOD or else so greate zeale as there successors since all men that shall heare them will shoute at them They write that when Nero whipped Senatoures executed noble men spoyled Citizens wasted prouinces without cause or colour and finally in all things made his lust law he triumphing at this iolitie boasted that neuer any man before him did know what an Emperour might doe Act. 5. Certes the holy and learned fathers in ancient time knew not this diuinitie that when there princes wrongfully oppressed them they should straightway cast off their yoke but rather patiently beare whatsoeuer ill should be inflicted on them for Gods cause Mat. 5. They remembred that the Apostles from whom they set their light and learning being whipped at a conuocation of the Iewish Pristes and Elders went away reioycing because they were counted worthie to suffer reproach for the name of Iesus Athanatius in epla 2. ad vlit vit Agent They had not forgotten the saying of their Sauiour Mat. 5. Blessed are they that suffer persecution for righteousnesse for theires is the Kingdome of heauen Ye are blessed when men shall curse you and persecute you and lying shall say all manner of euill against you for me Reioyce and be glad because your reward in heauen is abundant for so they persecuted the Prophets that were before you When Constantius the wicked Emperour vrged Hosius the holy Byshoppe of Cordula the Byshoppe of Rome his deputy and the three hundreth Byshoppes assembled at Saâ—dica with bitter banishment as he had alreadie serued many of there colledges vnlesse they would subscribe to the wicked errour of Arrius they all refused to doe it but they did not menace the Emperour with deposition if hee woulde not relinquish his false faith and reuoke the godly banished Byshoppes bur contrariwise confessed vnto him Non nobâ—s fas est imperium in teâ—riis tenere it is not lawfull for vs to holde Empire on the earth And not withstanding all his hurtfull wickednesse yet they affirmed that he that should cast but a malignant eye at his Empire did resist the ordinance of God so farre were they from thinking that his subiectes might openly take armes against him Don Iohn De Austria in his warres in the low Cuntries Don Iohns ensignes bare in his ensigne a deuise of a crosse with this word In hoc signo viciÌ„ Turcos in h c signo vincam hereticos with this signe I ouercame the Turkes with this signe I will vanquish the heretikes so if the latter Popes had saide with this vertue and weapon of patience our ancestors ouercame the heathen and heriticall Emperours and with the same we will ouercome the Emperours that will intrude vppon our temporalities perhappes their state had not bene now so staggering for whosoeuer shall marke the course of the history of the Church of God shall finde that it hath growen greate by patience but hath rather decreased then encreased by armes and violence Moreouer if the Popes will vouchsafe to reade their old recordes they shall see and vnderstande that such of their predecessors as armed themselues with patience and vsed none other but the spirituall sword and that also sparingly and seldome were had of all men in greater reputation and reuerence and could doe more in the world then their successors that after the spirituall sword which Christ had deliuered vnto them sharpe and dreadfull to be vsed onelie in extremitie but in his cause quarell had through there continuall abusing and drawing at euery light priuate braule became so hagled blunt and contemptible that euery boy laught at it did furiously fall to catching of the secular sworde out of the temporall magistrates hand Like as they report of Iulius the seconde whether meerely deuised or done in deede I saith Ferou know not that when he went in person into the fielde against the French armed with a paire of keyes in his hande and a sworde by his side hee threw his keyes into the riuer of Tiber and therewith all drawing his sworde saide seeing Peters keyes haue done noe good Paules sworde shall helpe mee And surely therein the Pope fared like Ioakin the King of Iuda who trusted in a rotten reede the king of Egypt to defende him against the Assyrian And so they incurred
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
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
famous Cardinall Taietanâ— that doth hold and maintaine that the Pope cannot erre in the definition of faith yet doth affirme in his commentaries vpon Mathew that he may erre in iudgement whether a thing be lawfull or noe And therefore he doth not accept the deâ—rees of the Pope in his controuersie of diuotee for definitiue of faith but for iudiciall And in iudgementes the Popes themselues saith he doe confesse that they haue erred and so then may also a generall counsell erre in iudgements by your owne rules if perhaps any iudgement be to be founde of the counsell of the Laterane against Raimond the Earle of Tolouse for not purging his country of the Albigenses Canons of counsels binde not but where they are receiued Nowe this first scruple beeing taken away let vs descend vnto our next article and conclusion that the Canon doth not binde vs in this realme who is so ignorant that knoweth not that all decrees and Canons of generall counsels are not obserued and kept in euerie country neyther doe thy binde the breakers of them in conscience As for example there was a decree made by the counsell at Nice that deacons shall not sit aboue priestes but yet we doe see at Rome the Deacon Cardinalles doe sitte aboue Bishoppes that be no Cardinalles Likewise in Sexto Constantinapolitano in Trullo there is forbidden kneeling in praier on the Sundayes and soe likewise all the time betweene Easter and Whitsontide And also that no man shall fast the Saturnedaies in Lent but the quite contrarie of both Canons was most vsuall in this lande and thought most deuoute when the Pope was in his highest prime heere Moreouer it is the common opinion of all the Canonistes that the decrees and Canons reformatiue doe not else where binde but where they haue beene receiued and therefore our seminary priestes doe holde that the Catholickes Romane of this Realme nor yet those in France be not bounde to obserue the Canons of the late counsell at Trent because they haue beene publikly receiued in neyther of the kingdomes This then beeing soe if I can prooue that this Canon of deposing of princes was neuer receiued in this Realme then haue I conuinced that it doth binde no man of this Realme in conscience And this will I first prooue by circumstance of the time and secondly because diuers other 〈◊〉 for downe in the same counsell were neuer obserued 〈◊〉 as for this Canon The Canon neuer receiued proued by circumstance of time it neuer came in practise heare â—ntill Kinge Henrie the eyght First it is certaine that the counsell at Laterane was helde in Anno Domini 1215. and in the seuenth yeare of the raigne of Kinge Ioâ—n and in the time of the bloodie broyles of the Barons against the kinge it can not bee denyed but that the kinge had three Embassadours there and likelie enough it is that they subscribed and consented as the rest of the Embassadours did for their master sought all the meanes he coulde to please the Pope that hee might haue his helpe against the Barons and so indeede hee stoode his fast friende and at the counsell accursed the Barons suspended the Archbishoppe of Canterburie Stephan Langâ—â—â— for taking parte with them and for the same quarrell would not allowe his brother Simon Elected Archbishoppe of yorke so that there is no doubte but the greatest parte of the realme were as readie to displease the Pope as their prince was to please him for the chiefest cause that moued the king to sende Embassadours vnto the counsell was saith Mathews of Paris to procure the Popes curse against the Barons These wofull warres continued to the death of kinge Iohn soe that no parliament was or coulde be helde whereby this Canon could be receiued For if Sir Thomas More in his debellation doth truely say that kinge Iohn coulde not make his kingdome tributarie to the Pope without the consente of the parliament much lesse coulde he giue the Pope authority to giue the realme away God knowes to whom it should please him or that Christian that was able to winne it by fine force for according to the rule of the Canon Lawe Quod omnes tangit ab omnibus debet approbari that which toucheth all men ought to be allowed and approued and confirmed by all wherefore the Lord chiefe Iustice in the first yeare of the raigne of Henry the seuenth as we doo reade in the reportes of the same yeare Termino Hillarii Chap. 10. affirmed that all the Barrons vnto the Pope that after a sorte commaunded Edwarde the first to surcease from warring on the Scottes that helde of him That although the king woulde giue away the right he had to Scotlands yet for all that it shoulde not be soe because that hee that is king of England is alwaies chiefe Lorde of Scotland And if the king of this Realme cannot of himselfe dispose of a thing annexed and incorporated to the crowne of this kingdome will any wise man be of opinion that king Iohn coulde dispose of the crowne of England of himselfe without the assent and consent of the states and ordaine forfeytures thereof to forreyners and strangers And although I can easily be perswaded that the subiectes for the extreame hatred that they bare vnto their present prince The iniquitie of the Canon woulde lightly be wonne to accept of causes to be discharged of their alleageanc to their king yet can I hardly be induced to beleeue that they coulde suffer themselues their wiues and children landes and liuinges goods and country to be exposed to the sacke and spoyle of all their neighbours yea of all Christendome if they shoulde vnhappily happe to haue a wicked king And also well might they satisfie the will and intent of the counsell without any such pernicious perill of there whole state and also retaine still their ancient honour and liberty if they themselues did make choise of the Physition that should purge them if that the law of God had not vtterly forbidden theÌ„ to rebell froÌ„ their prince were he neuer so wicked and not foolishly bind themselues to take a purgation of they know not whom perhaps vnhappily of such a one 〈◊〉 â—â—te likely to purge them of ill humors so extreamely that he would destroy the habit of their bodye And hereof â—o saide an example they neded not to seeke far For as the very same instant they had a very plaine proofe thereof in France where the earle of Tolowse was depriued of his earledome because he would not purge his dominions of the Albigenses and the earledome giuen by the Pope vnto Simon the Earle of Monssort For that I may omit how bloudily Monssort executed the Popes mandate being generall of the Croysy against the Albigenses in sacking the Cities murdering the men and women how he did also vnder that pretence assaulte sacke cityes that were not one whit infected with that sect and slew in one battell twentie thousand
of the people and their Alies After he was created earle by the Pope and counsell and inuested therein by the French King and al the whole country had embraced him for their prince he cruelly coÌ„manded the citizens of Carcassane Towlose Narbon to dismantell their walles to fill vp their ditches This to doe saith Paulus Aemilius mine author also in the rest of this history they thought to be a wretched â—e pitifull thing yet they executed his coÌ„mandement cursing the head of Simon they begin with their owne hands to make their country naked of hir wals they theÌ„selues making theÌ„selues subiect vnto all iniury Nether did that seme to be the greatest of their euils for Simon both because his purse was well emptied through the charges of the warres and also then he might throughly â—ame them being afflicted with miseries and manyfould mischiefes sendeth about collectors and coactors to leuie a mightie masse of money of the country It is strange that nature hath so ordained that euery mans priuate damages doe moue him more then the publicke sorrowe neyther can their be any sharper weapon found then that of money They which at his commandement ouerthrew their country could not endure the losse of their purse So that the warre that was saide pâ—â—â—â—ched to haue bene taken in hand kept for godes cause and might haue bene ended by sparing of them that had yeldeâ— and by desseÌ„bling of things past was made now more hard to be ended through vnmercifull dealing Dores were broken open distresses were taken sighing shriking sorrowing weping wailing of men women were harde in euery house At length sorrow being turned into anger the olde Earle being then in hope of alteration had returned out of Spaine whither he fled after his discomfiture in battell was receiued of the Cyty of Tolouse and other Cyties there aboutes the byshoppes whom Simon had restored were driuen out againe because the multitude thought them to fauour him Then Aemilius seemeth to exclame against the wickednesse of this Canon in giuing principalities to strangers and sheweth how hurtfull it is to gods cause for the aduancement whereof it is supposed to be made thus saying Nihil in sacris bellis perinde obfuit atque mos iam exortus vt honesta proscriptione suas quisque respiciat res in ore omnium sanctuÌ„ piumque versetur consilio conatu animo secus afficiantur Sâ— de religione tantum agaetur si obliuio noxae sanciatur si sanatis mentibus fortunis hominum abstineatur omnes idem sentiant nuÌ„c de mortalium iure de comitatures est ea controuersia tollatur nulla erit armorum causa c. Nothing hath done so much hurt in the sacred warres as a custome that is now come vp that euery man doth by honest prescription regard and respect his owne that in all their mouthes is hearde holy and godly but in drift doings and in hearte they are otherwise affected If the matter be onely for religion if it be decreed that the fault be forgotten and forgiuen if when mens harts are healed their goodes be abstained from let them be all of one minde Now the matter in hande is about the right of men and about an Earledome let that controuersy be taken away and there is no cause of warres Ramond requesteth his auncient patrimony Simon holdeth fast that which he hath gotten by Armes the gifte of the counsell the benefite of the king of France These men are â—â—â—deâ—ill onely of there owne But the Pope because the matter had once before beene adiudged doth thinke it to stande with his constancie and with religion to haue the ordinances of their fathers to abide stable and his owne decrees inuiolable c. Thus the wise Barrons saw and wee also may that the warres in the Earledome of Towlose had ceased when the cause ceased that is when the Albigenses were expelled and the Catholickes Romaine restored if it had not bene for this decree of the Counsell that had adiudged the Earledome vnto Monssort which now seeing they were not contented with the reformation of the Earledome and the Earle continued manie yeares after almost to the vtter destruction of the Country and also the death of Simon who eight yeares after was in that quarrell slaine at the seige of Tolowse But there sonnes Almericke and Ramond continued theyr fathers contention When Almericke findeing himselfe to weake did three yeares after make ouer his right vnto Lewis the eight the French King for to bee created Constable of France Lewes wanne Aninion by assault yet dyed before hee could accomplish his conquest and his widdowe and regent of his young sonne followed the quarrell and at length ended it by composition that Alphonse hir younger sonne should marry with the sole doughter and heyre of the Earle and enioy his earledome after his disease this happened Anno 1235 nyneteene yeares after that all warres for religion had ended Soe greate a good had the first execution of this Canon wrought I haue dwelt the longer in the narration of this history for to shew the inconuenience of this Canon and also to set before the eyes of my Catholicke Countrimen what curtsie they and theirs are like to finde at the handes of a forreyne Catholike Prince if any should vnhappely which God of his vnmeasurable mercy forbidde and my hande shaketh to write through their wicked and pernicious treason obtaine the conquest of this kingdome But the english nobilitie that liued at the counsell at Latarane could not forget the wretched wracke and wast that a conquest bringeth and the slauery misery and the extremity and cursed calamities that the accepting of a forreine prince inferreth and enforceth who then kept wofull warres receiued from their auncesters by many discents for their auncient lawes and liberties of whom they had beene cruelly spoyled by the conqerour his successors and also deliuered them vnto their posteritys almost to the destruction of the bloud Royall well neere to the vtter ruine of their owne howses and the lamentable shipwracke of their deare country Yea and what regard the nobilitie and people of this Land had then of any decree and Canon made by the Pope touching any temporall matter it doth planely appeare by Mathew of Paris who writeth that when the Pope had sent Bulles of discharge of the Kinges oth and graunt of their auncient lawes and liberties and also excommunication against the Barrons and their adherents that did atteÌ„pt to force King Iohn to the performance of them The Barons would not obey them but all men generally and as it were with one mouth saide that the Bulles were of no moment because the ordering of laye matters did not appertaine vnto the Pope For that onely the power to dispose of Church matters was giuen by our Lord vnto Peter and his successors What meanes the insatiable couetousnesse of the Romaines to stretch out it selfe vnto vs what haue Apostolicke Byshoppes to doe with warres
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 bouÌ„d 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 excoÌ„munication 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 thâ— 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 Holinâ—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. 4â— 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 â—-against her Maiesty What good Christian English man can thinke that hee was by that Bull of Pius Quinâ—â—â— 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
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
with him the curse pronounced in that place by the Prophet Ieremy The practise of deposing Princes neuer came of charitie Cursed is the man that trusteth in man and maketh flesh his arme And because Cardinall Hosius will haue Luthers doctrine tried whether it bee good or bad by the roote that bredde it I pray let vs also see from what roote this practise of deposing of Princes did spring There be two rootes saith Agustine vppon Iohn and out of him Hosius which two husbandmen the holie Ghost and the deuill set in mans hart the one charitie or loue the other inordinate desire Henry of the one commeth all good of the other all ill now whether of these rootes brought forth deposition of Princes I praye let vs consider The first Pope that did it in practise about Anno Domini 108â— was Gregory the seuenth against Henry the fourth Emperour because he being exasperated against the Pope for excommunicating of fiue of his chiefe counsellours whome he thought ruled him to much and for commaunding him vppon paine of excommunication to appeare before him at Rome the twesday in second weeke of Lent to purge himselfe of such chrimes as his rebellious subiectes the Saxons had accused him of See Platina and Sigonius had called a counsell in Germany where Gregory was deposed being accused there by Hugh Blancke a Cardinall and many Italian Byshoppes of Necromancy heresy lecherie symony tiranny and I know not what else nor force how truely but most true it is that this was the cause of the Emperours deposing as it doth appeare by the Popes bull wherein wee finde these wordes Because he hath too audaciously and rashly laid hands on the Church the Pope speakes to Peter and because he hath not obeyed my authoritie as becommeth a Christian c. therfore in thy name I do accurse him depose him discharge all men of obedience towardes him and forbid them to obey him that all nations may know that thou art Peter c. Now to depose the Emperour because he had caused him to be deposed was this charitie or inordinate desire of reuenge did any of his predecessors before him the like God saith reuenge is mine I will repey it and S. Paul charitie seeketh not hir owne I pray you tel me what Charity was it towards the Church Christendom rather then he would forsake his sea yea or reuoke his cholericke censure that he would see all Germany and Italy See Sabel almost vtterly destroyed by ciuill warres his fauourers in Germany broken in seauen blody battelles his two Idol Emperours slaine and all the forces of his Italian staffe stay the mightie countesse Mawde vtterly defayted great part of the Citizens of Rome consumed by three yeares seige the Burgo San Pietro twise sacked and defaced all the house of the Corsy the noblest Citizens of Rome and his fastest friendes raced to the grounde the miracle of the world the septisolium taken and deformed his nephew taken prisoner the cyty of Rome twise sette on fire by Suiscardo whom being excommunicated now reconciled he had procured to come to discharge him out of the castle of San. Angelo with two huge wastes remaine yet to be seene at this day in the fayrest part of the Cytie for a perpetuall reproch for the first deposing of Princes yet woulde not his stoute heart stoupe but when at the importunate prayers of the oppressed Romaines hee had graunted to receiue the Emperour into grace vppon his submission he afterward vtterly refused it because the Citizens requested that the Emperour might doe it in his imperiall robes and fled first into the Castle San Angelo and afterward vnto Salerne where he died in voluntarie banishment not daring to abide at Rome for feare of the Citizens who for these manifolde calamities with which he had ouerwhelmed them did deadly hate him What an hard heart had he that would not relent at so many and extreeme mischieues and miseries Did he not blush to remember how the noble Quintus Metellus a pagane being wrongfully forbididden fyre and water by Apulieus the Tribune of the commonaltie to be reuenged on Meitellus for putting him out of the senate for his lewde life chose rather willingly to go into bannishment hauing the stronger faction then that any tumult should be stirred vp in the Citie for him Againe how many of his predecessors did for righteousnes sake suffer banishment imprisonment yea and painfull death when they might haue shrowded and saued themselues we haue alreadie shewed by many examples And also Marcellinus a pagane doth report that Constantius the Emperour coulde hardlie in the dead time of the night carrie Liberius out of the Citie of Rome with great difficulty for the good will of the people that burned in his loue so that it is likelie that if the Bishop would with force haue resisted he woulde haue beene to hot and to heauy for the Emperour to carry away But neyther God nor Deuill had yet reueeled vnto the Bishop of Rome this newe dignitie of Gregories See Platina and Sigon that they could by Apostolicall power binde all men not onely in spirite but also in bodie and all the goods of fortune that they might depose Emperorus for their pride coÌ„tumacy in not obeying of their commaundementes as Gregorie did Henry and giue the Empyre vnto another for his humilitie and obedience as Gregorie did to Rodulph because he had promised to giue his sonnes pledges for assurance that he wolde stand to the Popes arbiterment for they yet knewe not this reason that Gregorie alleadged quite voyde of reason in these wordes Wherefore O Peter and Paule the most holy and chiefe of the Apostles confirme by your authoritie that which I haue spoken that all men may nowe at the length vnderstand that if ye can binde and loose in heauen that then we also can in earth take away and giue Empieres and Kingdomes and whatsoeuer else men haue For if ye can iudge those thinges which doe appertaine to God what is to be thought we may doe in these inferior and prophane thinges And if it belong to you to iudge Angels that raigne ouer proude princes what is it seemely that we doe with their bondmen Therefore let kinges and all princes of the worlde learne by this Emperous example what ye can doe in heauen and how great ye are with God and henceforth feare to contemne the commaundementes of the holy Church Doubtlesse these words now at length may learne and henceforth may feare were very significantly put in by Gâ—â—gorie for indeed before this time this doctrine was vnknowen to the world as also that learned Hermite of Rome the Popes Chronicler Omphrius a man inferior to none in the knowledge of the Romane antiquities doth confesse in his booke of Cardinals in these wordes Bishops cardinales did at the first take their place among other Bishoppes according to the anciency of their creation but afterward
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
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
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
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