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

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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
famous Cardinall Taietan● 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 de●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 ●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 Io●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 Lang●●● 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 thē to rebell frō 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 〈◊〉 ●●te likely to purge them of ill humors so extreamely that he would destroy the habit of their bodye And hereof ●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