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
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 Dâ—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 coÌ„temne 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 â—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 Phiglâ—ius that Christ coÌ„mitted 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
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
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
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