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

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

displeasures of himselfe his friendes and vassalls At the same time the french king Philip le Beau had spoyled Edward the fi●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 Mun●ter cos●●●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 F●●●●nge in Brisgow The Earle of Linengen died ma●de The Earle of Sweibrucken was drowned in a riuer The Earle of Ochsenstein had his deaths wound in the battell And the Earle H●●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 Iul●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 ancest●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 thē all he hauing gotten all that he claimed ●ee Iouius ●n vita Al●hons ●●uiciardi●●o not onely made peace with the Venetians without the consent of his confederates but also excōmunicated 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 ●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 f●●●●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

counsell and of my will see that you doe giue all men entrance into the Church that are desirous to come in for if I shall vnderstande that any man that desireth to be made partaker of the Church shall eyther be let by you or forbidden to enter in I will immediately sende one of mine that by my commaundement shall remooue you from your Sea and giue your place vnto another Note that hee saieth I will sende not the Bishoppe of Rome his officer but one of mine owne men who shall displace you and place another therein not by commaundement of the counsell or Bishoppe of Rome but by my commaundement The like also writes Socrates he threatned vnto Alexander the Bishoppe of Constantinople if he woulde not receiue Arrius into the Church But you will say that the Emperour iniuried both Athanasius and Alexander I denie not that but although Theodoretus doth blame his ouermuch light credulitie and doth excuse it by the like in Dauid against Miphiboseth yet doth neyther hee nor any other ancient author accuse him of tyranny for medling with matters that he had nothing to do withall or punishing of them ouer whom he had no lawfull iurisdiction and also doth refute that you affirme that Constantine refused to iudge Bishoppes Nowe to returne againe to the history the same Socrates doth say that when the Arrians had accused Athanasius Macarius and other of their complices vnto the Emperour of foule factes Constantine wrote vnto his sisters sonne D●linatius who was then abiding at Antioch 500 miles from Alexandria to call the parties before him and to punish them that he shoulde finde faultie But afterwarde because the Bishoppes were assembled at Tyrus about the dedication of his newe Church at Hierusalem he referred ouer the hearing of those matters vnto them So that at the first he had committed both the triall and the punishment of the greatest Bishoppe of all the East Church vnto a temporall officer of his the which fact and the other which I haue before rehearsed doe plainly proue that Constantine did not account nor acknowledge his Empyre or him selfe empaired or of lesse commaund by accepting of the Christian religion but that he still executed his princely prerogatiue on all persons both spirituall temporall and still clamed to be the minister immediate of God not any vnder officer of the Bishops of Rome Gods vicar on earth rightly to for as Paul saith 1. Tim. 6. Let all bondmen whatsoeuer they be that be vnder yoke repute their lords worthy of al honor lest the name of the lord his doctrine be blasphemed but they which haue beleeuing Lords let them not cōtemne them because they bee their brethren but rather serue them because they bee beleeuers and belooued who are pertakers of the benefite Teach these thinges and exhort them If any man teach otherwise and doth not yeeld vnto the ●ound speaches of our Lord Iesus Christ and that doctrine which is agreeable to godlinesse is proud knoweth nothing is mindesicke of questions quarrelles about wordes So also might it haue been saide Ye Popes Byshoppes account your princes worthie of all honour least the name and doctrine of Christ be euill spoken of but ye Byshoppes that haue Christian Kinges contemne them not because they be Christians but be the more obedient and dutifull vnto them because they haue embraced Chrst and are pertakers of his benefit This teach and exhorte but whosoeuer teacheth otherwise teacheth contrary doctrine to Christ is a proude prelate and quite voide of knowledge And as Peter writeth 1 Epistle 3. Ye bondmen bee subiect in all feare vnto your Lordes not onely vnto them that are good and moderate but also vnto them that are waywarde and vnreasonable for this is grace or worthie of fauour if a man doe beare sorrowes for conscience of GOD suffering vniustly So also might it haue beene rightly saide vnto the Popes and Byshoppes in Constantines time and now also be ye subiecte in all feare vnto your Princes not onely vnto such as are good and gratious but also vnto vngodly and tyrannicall neyther release your selues of your alleagence for if yee doe take and beare wrong quietly for regarde of GOD God will abundadtly rewarde your patience for the consequent is very strong and good seeing the thinges are all together alike and equall for if the Christian bondmen were not enfranchised because they were spirituall brothers vnto their Lordes neyther were the Popes and Byshoppes discharged of subiection vnto their Princes because they were become their spirituall bretheren and if you will to their spirituall fathers But they say with Phigl●ius that Christ cōmitted the gouernement of his Church vnto Peter What prince Peter was and his successors and therefore all Kinges that are of the Church are subiect vnto the Byshoppes of Rome And if we grant this can there bee ought else inferred then subiection in causes and censures ecclesiasticall and not in causes and punishmentes secular and temporall for what fonde Frenchman will say that because in olde time the Kinges of England were vassals vnto the French Kinges for the Duchies of Normandy and Guien that therefore the crowne of Englande was subiect vnto the Kinges of France or that they coulde commande the Kinges of England in any matter touching their crowne of England or because the Byshoppes Chanceller can excommunicate a man for adultery that therefore he can also depriue a man of life and liuing Mat. 20 for a greater fault Moreouer did not Christ plainelye enough declare what kinde of Kingdome he gaue to Peter and the rest of the Apostles and how vnkingely kinges they shoulde bee when they contended among themselues who should be greatest The kinges of nations saide he be Lordes ouer those countries and their princer haue power ouer them but so it is not in you doth he not here in plaine wordes take from them all earthlye and bodily Empire and power and that too from the greatest of them So that the Pope that claimeth to bee greatest and chiefest is also hereby excluded neyther will a shifte of humilitie serue to escape seeing that to depose Princes is to raigne ouer nations is to be their Lord is to haue power ouer them all which thinges Christ saith the greatest of his Apostles his successors should not haue nor consequently authoritie to release all subiectes of their allegiance the which is a supreeme point of Earthly Empire the which neuer any mortall man yet had and onely belongeth vnto the great God the supreeme Lord and soueraigne of the whole world for neuer yet was there any so mightie a monarch that had all the world vnder his Empire neither then could his authoritie extend ouer all nations but his power determined within the bonds of his owne Empire could not stretch beyonde his owne vassals among whom only he might decree in what cases their seignories should be forfeated and their bondmen be enfranchised of

and admonished by the Church shall neglect to purge his land from this hereticall filthinesse let him be inknotted with the band of excommunication by the Metropolitane and Bishoppes of that prouince And if he shall contemne to satisfie within one yeare let this be signified vnto the Bishop of Rome that he may denounce his vassalles acquitted of his fealtie and expone or set forth his land vnto the Catholikes for them to take who the heretikes being driuen out may possesse it without contradiction and keepe it in the puritie of the faith so that the goods of such condemned men if they be laye men be escheted to the prince or if they be clarkes be applied to the Churches of whom they receiued stipendes Heere ye see is no definitiue sentence of faith set downe but onely an order appointed to be vsed for the rooting out of heresies so that no weake Catholike conscience neede to make scruple that the Pope can depose princes because the counsel doth say let it signified to the Bishoppe of Rome that he may denounce his subiectes loosed of their obedience c. For the counsell goeth no more about to decide whether Bishoppes of Rome may depose princes then whether Bishoppes may excommunicate them whereof no man in those daies doubted but content themselues with the vsed and practised authority of them both for long before this time had the Popes vsed to depose princes as Pope Gregory the seuenth the Emperour Henry the fourth and Boleslaw king of Poland And Innocentius tertius the present Pope that then held the counsell had himselfe before that time deposed the Emperours Philip and Otho Iohn the king of England and Raymond the Earle of Tolouse So that seeing no man did then moue any doubt whether Popes might lawfully doe it or no neither did the counsell then goe about to determine it but wholly omitting the matter doth onely set downe an order to be vsed for the destroying of heresies But otherwise if ye shoulde alwaies inferre that for decreed for faith and lawfull which generall counsels doe manie times as it were secretly receiue and not reproue ye will neuer be able to defend them from errour in faith and that which is equiualent from beeing one contradictorie vnto another For at the second counsell of Nice it is not refuted Cap. 32. but rather it seemeth by the way to be allowed that Angels haue materiall bodies So likewise this counsell may after a sort seeme to allowe that patrons may lawfully in good conscience detayne a greate parte of the tythes and profits of their Churches so that they doe leaue the vicar a sufficient liuing because that this counsell finding faulte with this misorder that patrons and certaine other persons doe take the profits of the parish Churches doth charge them with no more then the which what can be more against good conscience and equity then he to liue by the altar that serueth not at the altar and namely among Catholickes Romane that doe holde that tythes are by the lawe of God due onely to priestes and with what conscince then can any lay man enioy them Likewise in the same counsell there is a Canon that he that hath a parish Church shall not serue the cure by his vicar but by himselfe vnlesse perhaps the Church be annexed to a prebende or dignitie in the which case we do grant that he which hath a prebend or dignitie seeing it must be that he do serue in the greater Church that he doe endeuour to haue in that parish Church a meete and perpetuall vicar canonically instituted c. Heere ye see that this counsell doth not thinke that residence vpon benefices with charge of soules is commaunded by God his lawe which is contrary to the counsell at Treent in the 23 Section in the first chapter of reformation Yea Dominicus Soto in his booke de●ertitudine gratiae against Catherine doth flatly affirme that all the Bishops learned men that were at that counsell did so wholly agree thar residence was required by the lawe of God that there was not one man that doubted thereof but onely Catherine Moreouer this counsell thinkes it meeter that a man be resident in the Cathedrall Church then in his parish Church yea it seemeth to say of duetie it must be so a thing verie absurd in Dominicke Soto his iudgement who sharply reproueth the Cardinalles that haue Bishopprickes and be not resident on them but abide and continue at Rome and thinketh it no reason that they alleage that they ought to make their abode at Rome because they be Cardinalles and as it were assistants vnto the Pope for saith he residences vpon Bishopprickes are commaunded by God but Cardinalles to be attendant on the Pope is but a constitution of man the which must needes giue place to the ordinances more ancient and greater And bitterly doth he inuey against the common abuse that whereas by the Canons of the Church no Cardinall may be a Bishoppe because both offices require residence which one man can not performe the Cardinalles to delude the force of this Canon are neuer instituted Bishoppes but haue Bishopprickes giuen them in perpetuall commenda whereby it is come to passe that the ordinance of Commendaes which was first instituted for the benefite of the Church by suffering one to haue the gouernment of it for a time vntill a meete man might be founde for it is nowe vsed to the destruction of the Church and the vnlawfull enriching of the couetous ambitious Yea the counsell of Trent in the 25. Section Chap. 18. doth thinke this Canon of the counsell of Laterane so vnreasonable and vniust for to impropriate benefices with charge of soules and to ordaine in them a perpetuall vicar to serue the cure that they doe forbid the like to be done euer hereafter notwithstanding any grace or grant wisely weying the difference betweene an institution of God and an ordinance of man the seruing of God in a publike charge in priuate person finally howe much greater good or hurt may ensue by the continuall presence or the absence of the person in or from his parish then by his lying at or frō the Cathedral Church Soe that to salue all this gere both ye and we are forced to say that the counsels went not about to determine what ought to be beleeued in those poyntes and so also must ye doe in this controuersie of deposing princes and not to account it for a definition of faith but a politique constitution Of which kinde of Canons Saint Augustine saith De Baptis-Donat lib. 2. cap 3. who knoweth not that former generall counsels are often amended by the latter when by some experiment of thinges that is opened which had beene shut and that knowen that lay hidden without any type of sacrilegious pride without any swollen necke of vaine glorie without any contention of spi●●full enuie with holy humilitie Catholike peace and Christian charitie Moreouer the

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