assignation for his accusers before the Imperiall Maiestie The Emperour Honorius appointed the Prouost Marcellus for Iudge Arbitrator betwene the Catholickes and Donatistes Dulcius also was Prouost of the Empire who at the pursuit of the Catholickes was enioyned to make vp the processe of the said Donatistes in Affricke as Sainct Augustin doth report and they required to haue them condemmed by his ordenaunces as testifieth Gratian in his decree wherein in an other place is written the opiniō of Pope Pelagius importing that it were meete that hereticks were punished by the seculer power according to which reason Sainct Austen also doth testifie that the Emperour Valentinian sent the Prouost Dalmatius vnto him to assigne him in his priuie Counsaile So as we are not to doubt but that the punishment of heretickes apperteyneth to the Princes temporall Iurisdiction who by his decrees hath limited the punishments which they may deserue 20 In deede it is the duetie of the Priestes and Bishops to know and withall to declare by the holy Scriptures together with the iudgement of the vniuersal Church who it is that hath transgressed the will of God and being a Christian hath departed or disunited himselfe from the body of the Church Those bee the true kayes of heauen which God hath put into their handes and the two Swordes that they beare whereby the Priest sheweth and poynteth out such as are soluti vel legati ab Ecclesia wherein onely consisteth his power to bind or lose in heauen as S. Hierome doth very well note in his opening of y ◠place of Sainct Mathewe which concerneth this authoritie as also the Maister of Sentences is of the same opinion neither is this power so small that the faithfull Christians should contemne it For without doubt sinne proceedeth of offence and so immediatly is brought in the bond that thereby we make to Gods enemie which vnlesse we doe reuoke we must of necessitie be driuen out of the Church and as rotten members of the same be giuen ouer to Satan Neuerthelesse he who by contrition for his sinnes and confession of the same will reclayme himselfe doth immediatly recouer three benefites repugnant to the other which are forgiuenesse of sinnes the cancelling and discharge of the Obligation made vnto the deuill and reconsiliation to the Catholicke Church wherein consisteth the true penance that the Priest or Bishop doth minister and enioine vs by vertue of his authoritie to binde or lose in heauen or in earth So as it is euident that the order of Priesthood and Ecclesiastical power hath euermore bene necessary in the Church of God to keepe teach and maintaine our soules in the knowledge of his holy will to the ende thereby to obteine his grace and fauour in the life to come For notwithstanding man was created to the Image of God and of his euerlasting Kingdome whereby he was perfect and needed no other instruction or Schoolemaister yet after his fall and the corruption of our first father he stood in great neede to bee restored to his former knowledge and the fauour of his Creator for the obteyning whereof hee was enioyned to keepe sundry precepts and very straight lawes vnder paine of deadly and euerlasting dānation vntill the tyme of grace wherein it pleased God to breake and take away the vayle and rigor of the auncient law and to forgiue our offences through the passion of his deare Sonne Iesus Christ for the enioying of the fruites whereof he hath left vs in pledge his holy Sacraments for the administrations and discipline of the which he hath cōmitted and sent his Apostles Priestes and Doctors the administrators and guardians of the same In such wise that as the ende and purpose of the Architect is the perfection and finishing of his building house so the onely end and office of the Cleargie is sufficiently to teach vs those things that appertayne to our faith and beliefe reforming our actions by admonitions and gentle perswasions that thereby together with Gods grace wee may atteyne to euerlasting saluation neither hath God giuen them any other dominion ouer vs but onely admonition and instruction in his knowledge setting before vs the reward of well doing and the reuenge of wickednesse in the vniuersall doome of the heauenly Maiestie 21 But in asmuch as the people haue not to deale therewith also that the Bishoppe of Roome in that qualitie which he pretendeth hath no such power his authoritie beeing meerely and simply Spirituall and in no poynt concerning the Realmes of the world what shal we then say if Emperours or other soueraigne Kings were as they are men and subiect to corruption hereticks or otherwise euill liuers were it not a marueilous offence to see them raigne with all power and be as scourges and persecutors of Gods Church In this question I am to desire the French to weigh the aunswer of that wise and great personage Sainct Augustin If Emperours sayth he be in error and according to their error do prescribe lawes against the trueth wherby the righteous may be tryed and crowned he aunswereth not that they must be expelled or deposed of their Empire but onely wee must not doe those things that wickedly they commaund Neither doth Sainct Ambrose finde fault with the obedience that the Christian Souldiers yeelded to the Emperour Iulian the Apostata onely he warneth them to doe nothing repugnant to the honor of God S. Peeter perswaded not the Church to depose Nero the conspired enemie of Iesus Christ but contrariwise admonished all Christians to honor and pray for him The holy Legion Fulminatory made no difficultie to go to the Warres and to venture their liues vnder the Emperour M. Antonius the Philosopher a Prince that was but a bad Christian and such a one as contrary to the pietie of Religion made a seuere Decree the markes whereof are yet to be seene in our Pandects and Eusebius Capitolinus Dion Xiphilinus and others doe make mention of the same Tertullian in his Apologeticall treatize sufficiently setteth downe the mallice of the Emperour Seuerus against the Church of the Christians and yet let vs mark what he writeth of their affection to the Prince Wee are saith he discryed vnto the Emperours Maiestie and yet were the Christians neuer proued to bee Albinians Nigrians or Cassians who were the conspirators against the Emperors M. Antonius the Philosopher Commodus Pertinax and Seuerus each after other but contrariwise those that lately tooke the oath condemned the Christians haue bene found to be the Emperours enemies neuer a Christian was there in that faction as knowing that the Imperiall Maiestie ordeyned of God must bee loued reuerenced and honored whose prosperitie as also the welfare of the whole Romaine Empire they are to desire so long as the world standeth for so long shall the same continue We doe therfore worship the Prince according as is lawfull and requisite his Maiestie
Colledges and Vniuersities of this Realmes are abrogated as are also the conseruators Ecclesiasticall of the Vniuersities together with the priuiledged of this Crowne It forbiddeth such as haue made vowe of Religion in any wise to dispose of their gotten goodes whether moueable or immoueable contrary to the ordinance of the States of Orleans conformably with the decree of the Counsaile of Mogonce holden in y e time of Charlemaign It permitteth the begging Fryers to enioye and possesse rents landes reuenues and immoueable goodes contrary to the Counsaile of Vienna holden in the yeere of 1310. and infinite auncient arrestes of the Court It taketh from the King the nomination in Couents and Monasteries reguler which to him apperteyneth also the Triennalitie of Abbesses and Prioresses appointed by the sayde Estates It permitteth Munckes to meete and hold congregations and Chapters generall which in an Estate is perilous and daungerous and a matter whereby they bee accustomed to withdrawe themselues from vnder the authoritie and power of the King and all other temporall Magistrates in respect whereof also such assemblies haue by the arrest of the Court bene many tymes declared abusiue It giueth the Bishop authoritie to institute newe Feastes which haue bene reproued by many arrestes of Parliament namely by the prouinciall Counsayle holden at Sens in the yeere 1527. It encrocheth Lay patronages if the patrones by authenticall writings proue not the presentations continued and hauing taken effect 50. yeeres together and reiecteth al other kinde of proofe It giueth to the Ecclesiasticall Iudge notice of the right and possession of the sayd patronages obteyned by foundation donation or construction within these fortie yeeres which is a great intrusion vpon the King and his Magistrates It erecteth a newe kind of Iudges delegate whom it calleth Apostolick and authorizeth the Bishops to choose them euery one in his owne Dioces without the Kings knowledge or authoritie which are so many creatures not subiect to that Maiestie where-vnder they liue It declareth the Pope to be aboue him and forbiddeth Bishops to humble and submit themselues to Kings and Lordes It commaundeth all Clergie hauing of right and custome voyce in the prouincial Counsaile to receiue this preteÌ„ded Counsaile to sweare obedience to the Pope and thereof to make publicke profession It enioyneth Vniuersities not to teach any thing but what shalbe conformable to the decrees of the sayde Counsaile and to take solemne and yeerely oathes to his holinesse It commaundeth all Lordes Princes to keepe the sayd Canons renewing the auncient vsurpatorie Decretals of Boniface the eight and others heretofore abrogated in Fraunce as well by Edicts and ordenances Royall as by the arrestes of the Courtes of Parliament and great Counsaile By the sayd Counsaile the causes of our French Bishops are drawne to the Court of Rome and Popes Consistorie contrary to the dignitie of the royall Maiestie and the auncient Canons of the vniuersall Church whereby the criminall causes of Bishops yea in cace the same concerned their depriuation or discharging did belong to the Bishops of the Countrey or Synodes prouinciall and not to the Pope as by many the arrestes of the Court concurring with the generall Counsailes of Constantinople and Carthage it doth appeare besides that herein the sayd Counsaile greatly derogateth froÌ„ the Kings soueraigntie and Iurisdiction that euermore he hath had ouer the Bishops of his Realm witnesse the examples of Giles Bishop of Rheims of Pretextatus Bishop of RoaÌ„ of Didier Archbishop of Vienna and many others of whom Gregory of Tours Aimoinus Ado Vincent the Historiall doe make mention In brief to vse few words this pretended Counsaile taketh away the most auncient liberties of our Church so to make a Proppe to the Popes abuâ—ions It also dissolueth reuoketh and maketh voyde Mariages not contracted in the face of the Romish Church wherein consisteth the Seede of a million of troubles Ouarels Processes and strifes in infinite families of this realme which vnder the authoritie of the King with his good liking and vnder the protection of his Edicts of pacification haue contracted Matrimony and begotten Children who thereby should be declared illegitimate depriued of their Parents Successions and their â—Wues denounced Concubines Harlots to their true Housbands contrarie to all equitie which in summe is as much as to bend themselues against God to erect in other mens Realmes assemblies of people not subiect to the same to bring into the Church a greater deformation and to make the King of Fraunce his Serieant or executioner of his commaundements yea such a one as should haue no authoritie to order his Realme So that those which now so earnestly doe prosecute that publication of the sayd Counsaile shall neuer perswade mee that they are French men but rather that they shewe them selues Solliciters of the Popes affayres and dignitie rather his Seruants theÌ„ their Kings and soueraigne lords Thus doe you seee howe by the aduice and iudgement of the honestest greatest French Catholikes liuing vnder the traditions of the Romish Church this Counsaile of Trent may not be accompted other then a notorious conspiracie and coniuration against the authoritie and dignitie of this Crowne aud of the Subiectes thereof of whatsoeuer calling that shall find them selues offended and therfore we should greatly iniury any one of ours of whatsoeuer estate in calling him Heretick for not obeying submitting him selfe or consenting against his Countrey to the malicious conspiracies of the Pope and straungers that doe enuie the greatnesse of this Estate Especially the King of Nauarre whome the matter chiefliest doth concerne should haue greatest cause to be agrieued in respect that at this day he hath the Honor to be the principall branch of the Royall tree of France and so consequently more neerely bound then any other to preserue and mainteyne the rightes liberties and dignities of this glorious and redoubtable Monarchie 56 Moreouer the sayd Lord King of Nauarre demaundeth of you by vertue of what doe you esteeme hym an Heretick and obstinat parson For it is certaine that he onely may be tearmed an Heretick who vpholdeth a false doctrine contrary to the holy Scriptures of the ould and newe Testament beleeuing amisse in any one of the Articles of our faith as did y e Manicheans Nestorians Sabellians Arrians and their like Now to say trueth they would perswade vs that the opinion houlden by the saide Lorde King of Nauarre was monstrous we haue bene hallowed after them like Dogges wee haue bene forbidden their company as of infidels and miscreants I beseech you therefore let vs carefully looke into the confession of their faith and we shall find them Christians such as agree with vs in the articles of our belief doe worship the same God seeking saluation in the same Iesus Christ Chrildren of the same father beleeuing the same Bible assuring them selues in the same Gospell as in the same Buckler of their faith requiring part in the same inheritance and in vertue of
A CATHOLICKE APOLOGIE AGAINST THE LIBELS DECLARATIONS ADVICES AND CONSVLTATIONS MADE WRITTEN and published by those of the League perturbers of the quiet Estate of the Realme of France Who are risen since the decease of the late Monsier the Kings onely brother By E. D. L. I. C. Answere a foole according to his folly least he should thincke him selfe wise Prouerb 26. ⧠Imprinted at London for Edward Aggas THE PREFACE to the Reader O Christian and Catholick Frenchman neuer was there offered better meanes then at this time to discouer and smel out the subtelties of our enemies with what money Sathan vsually paieth his seruants whē we see some of thē so blinded that beeing vppon the poynt of their destruction they promise to themselues all assuraunce still coueting to conceale their abhominable wickednesse with sleights shiftes and lyes Neuerthelesse when they do most hide themselues they are foonest spied For to say the trueth what goodlier or more apparant pretēce could the perturbers of the quiet of our Fraunce take holde of then Religion and the reliefe of the people but as the enemie of trueth hath allured thē vnto him by lyes so hath hee for their repaste left them no other foode vpon his Table and yet doth that also faile them when they make it an vsuall messe and trueth remaineth Mistresse According hereto the lyes and horrible slaūders that to this day haue bene spued foorth against the King of Nauarre the Lord Prince of Condie by certaine straungers enemies to this Crowne the Royall Progenie vnder the pretence of zeale of Religion doth ouerthrowe them because cōtinually they haue sought to perswade our souraigne Lord the King and all the French Nation that these Princes were his euill seruaunts Rebels and disobedient persons enemies to his Estate in the preseruation and encrease whereof they haue greater interest then any other worldly person next vnto his Maiestie vnto whom they haue the honor very nerely to appertaine As also in truth we are hartely to giue GOD thankes especially in that after so many false and slaunderous inductions made vnto the most Christian Maiestie against these two Princes his good kinsmen and most faithfull subiects and seruants by whose reliefe this feeble weake and pale Realme hath oftentimes escaped falling it hath pleased him to open the Kings eyes to let him perceiue that all the illusions vnto him presented tended only to the ouerthrow of himself his Crowne and Estate in offering hetherto to his viewe one thing in liewe of an other For herevpon his Maiestie smelling out the causes of passed mischiefe hath finally in earnest done as the good Phisitiō who whē he seeth his Patient pale weake faint and grieuously sicke beginneth his cure with bringing him to his bed discharging him frō all painfull toyle causing him to take some rest euen so our King casting his eyes vpō his poore realm afflicted with ciuill warres which so long haue bene kindled vnder a false and slaunderous pretence to the end to begin the cure hath first sought to set it in peace that after some time of rest he might haue better opportunitie to heale the rest of the causes of the disease to put from about him those who vnder his authoritie had by their false wicked perswasiōs so hardly entreated it Which when his euill Councellors perceiued seeing that they could no longer goe forward in the same path they haue sought with open play to compasse that which so lōg they had craftely practised now haue plainly shewed that it was the State Crowne that they leueled at procuring the writing of diuers Libels aduices and consultations of their suffragās to the end not only to diminish and blemish the King of Nauarres vndoubted lawfull succession if it should please God to worke his will of the Kings Maiestie without leauing any issue Male but also to aduaūce their own false slaunderous and supposed titles and pretēces Howbeit although the said Lord King of Nauarre neede not yet to pleade his cause or presently to aunswere all these sleights and counsailes of the wicked in respect of the sufficient terme small likelihood of occasion euer to put the same in executiō cōsidering the King is thāks be to God yong in health in good disposition together with the small interest that in my opinion the sayd Lord King of Nauarre pretendeth to any such successiō as being a Prince both wise circumspect such a one as hath not so smal forecast but that he knoweth vndoubtedly that the greatest wealth reliefe good hap contentation that may redound to him cōsisteth in the prosperitie health long and happie life of the King his Lord to the ende perpetually to be vnder him the same that he is to liue vnder his liking in his protection wherby vnder the fauour wherof he shalbe not only preserued from the cōspiraties which his enemies worke against him but also which is more if it please God to encrease him he shal alwaies be by the King fauoured aduanced vnto whō he hath the honor to be the first Prince of his bloud Neuerthelesse how euer it be I do not thinke that any man at this day cā with reason and iudgement conceiue any bad or sinister opinion of the sayde Lorde King of Nauarre though he lay open his iust causes sith those that haue no right and for whō there can be no likelihood at all are so impudent rash vndiscreete as to bring to the barre a matter wherevpon euen their most affectionate seruāts durst not before haue thought which to saye the trueth is one of the cōsideratiōs that moued me to set hand to the pen to the aunswering of such diffamatorie Lybelles discourses aduices cōsultatiōs as within this yeere haue come to my hands and I protest that I haue done it without either cōmaundemēt or commission of the sayd Lord King of Nauarre vnto whom I neuer had the honor to approach neither is it of any affectiō or desire to aduaunce the Religiō that he professeth sith my self am and all my life time haue bene a Catholick and liued vnder the authoritie of the Apostolicke Romish Church But the onely cause hath bene that being borne a Frenchman I haue thought it my duetie to vphold the rightful cause of the French Princes vnto whome after his soueraigne Maiestie for whose seruice we are naturally bounde and holden to procure all honor wealth prosperitie to maintain and defend them from slaūders and such deceipts as Sathan would stirre vp against their excellēcie greatnesse besides that euery mā may perceiue that these Tragedies are kindled to the vtter ruine losse fubuertion of this miserable Realm so as the loue of my Countrey Christian piety and that compassiō that I take in beholding my fellow Citizens and my self with them in daunger to consume our selues in that fire that by those ciuill warres which vnder this
infected with the error of Eutiches Heraclius was a Monothelite The stories are ful of many Popes of Rome heretickes adulterers Magicians Scismatickes and men confect in a filthie quagmire of vice who all neuerthelesse did peaceably by Gods will sit in Moses chaire to the ende to punish and afflict his flock as he hath thought good by such Tirants whom with his owne hand he chose to be the executioners of his iustice and against whom the people neither ought nor might conspire for saith Panormitan sith they are not free but subiect they haue no power to transferre the iurisdiction or conferre the title neither is he accoumpted to haue giuen that hath no right to giue In an other place the same Canon Doctor writeth that the vassall cannot consent in the person of any other then his Lorde no not by prorogation of power to that purpose alleadging many other skilfull persons opinions Howbeit all good Catholickes doe to their great griefe knowe that most of the Ecclesiasticall persons and Clergie of Fraunce doe seeme to bee parties in the Conspiracie that long since haue bene deuised against the state of this Crowne which neuerthelesse I can hardly beleeue notwithstanding I heare our ordinary Preachers openly in the chaire of trueth and humilitie preach warre bloud weapons rebellion and contempt of y e King and the Princes of his bloud a matter detestable and abhominable before God 9 My Maisters ye Bishops Priestes and Doctors what weene ye to doe Is this the commaundemeÌ„t of God Is this the doctrine that ye are bounde to plant in the Christian Church Is this the light that you shewe to the flocke which God hath committed vnto you Is this y â— peace that you ought to teach and for the which the Church poureth foorth her daylie supplications What correction may the people look for at your haÌ„ds whiles your selues are the authors of euill Wil you doe or say as Lucifer I wil ascend into heauen and become like vnto the most high God Will you iustly haue the name to be the very enemies of God who commaundeth obedience onely to the Kings and powers that he hath established and who taketh no delight in any thing more then in peace hating all shedding of bloud Doth the way to cure the rage of poore mortall creatures consist in vnclothing them of all humanitie in thrusting into their fist the sword wherewith to make away them selues by the authorising of their furie with your decrees nay which is more by stirring them thereto through your Sermons May wee not reproach vnto you that which Ieremie prophesied in his tyme The Prophetes haue prophesied lyes the Priests haue approued theÌ„ and the people haue embraced them Must we needes say of you as Ezechiel writeth of your like I will stretch foorth my arme ouer their Prophetes that see lyes and those that tell fables or do not serue for discipline to my people whom they haue seduced saying The peace of God bee with you and yet it is not peace that they seeke My Maisters this is not the fruit of the spirituall doctrine that you haue in custodie beware it be not sayd of you that an euill tree cannot bring foorth good fruite you preach warre rebellion disobedieÌ„ce you contribute to Conspirators against your King and the Princes of his bloud you deliuer the Townes to them and doe put your flockes into their hands you seeke out straungers to rule ouer you and doe set them against your King where will you become Is this the Catholicke and Apostolick doctrine that you doe sowe Knowe you not that Iesus Christ is the foundation of the Church so that whosoeuer will lay any other shall destroye himselfe and whatsoeuer he dare vndertake Is not the doctrine of Iesus Christ peace humilitie obedience and clemeÌ„cie Is it not written of you Bee yee wise as Serpents and simple as Doues Are not you termed the sault of the earth which beeing shed abroade where may wee gather it againe I wote what you will say There be say you a number of heretickes which must bee rooted out with the sword because their life is repugnaÌ„t to Gods honor No no my Maisters you are yet deceiued for you must first shewe how they bee heretickes and for such cause then to be lawfully condemned which as yet you haue not done because in â—rueth your pretended CouÌ„saile of Trent whereby you haue condemned them was not lawful as the King of France confessed euen while it was assembled and therefore did not onely forbid the Bishops of his Realme your predecessors to go thereto but also by his Embassadour did protest that he could not accept it for a lawfull and generall Counsaile but onely for a particuler assembly gathered together for the profite and authoritie of the Pope and King of Spayne vnto whom they went about to giue the presedence aboue the most Christian Maiestie furthermore declaring that he ment not that he or his subiects should any way be bound to the decrees thereof but that contrariwise he was determined if neede were to employ all remedies necessarie which his predecessors had in like cace vsed to procure the disanulling of the same Besides I saye vnto you that weapoÌ„s are not the meanes to cure this mischiefe Know you not that the doctrine of Religion either the error thereof is a disease of the Soule and minde seeke therefore for your partes the spirituall Medicines wherewith to heale the same as admonitions prayer fasting amendment of your liues which are the true and onely Weapons of Gods Church But what are you not content with the extreeme diligence and care of our most Christian and Catholike Kings for the revnion of their people into one only Apostolick Romish Religion what haue wee gotten by so many fyers so much blood such battailes and destructions within this Realme for the same Those that nowe would rule you are they not the same persons that led the armies and practized y â— occasions of the passed wars haue they not sufficiently proued that neither ster nor sword are meete remedies for this euill that in one day of such troubles Gods Church is more hurt and offended through the disorder of one lewde Souldier then in a whole yeere of pacient tolleration whereby God may be deuoutly serued the King honored the Clergie assured the Lawe feared the gentry cherished and the people eased to bee briefe euery one by little and litle reduced into the waye of good life which to bee briefe are the effectes and glorie of the militant Church and of the good Shepherdes of the the same Wee haue burned them quick they haue quenched the fiers with their blood wee haue drowned them they haue Spawned in the concauities of the water we haue murdered them al in their sleepes within few daies they haue reuiued againe We haue fought with them and beaten them but haue not cast them downe To be brief if we consider how we haue
by Dagobert if we wil beleeue Floart by Childebert Pepin Charlemaigne Lewes y e Meeke Lothaire as witnesseth their goodly Chapters also by Phillip giuen of God Saint Lewes in his Pragmaticall sanction of the yeere a thousand two hundred sixtie eight Phillip the Faire in his Edict in the yere a thousand three hundred and thirtie Charles the seauenth in the yeere 1453. Charles the nineth in the Estates of Orleans and Henry the 3. now raigning Which also was most learnedly declared to Lewes the eleuenth by two Presidents of Inquestes of the Court of Parliament in a treaty that vnto him they exhibited in the name of all the cōpany Yea wee doe perticulerly finde that the generall Estates of France assembled in the Towne of Tours in y ◠yere 1483. did desire Charles the eight to reforme the Clergie as beeing of his charge authoritie because the Pope had no Iurisdiction ouer the Bishoppes of Fraunce as by an Edict generall it was published in the Parliament vnder Charles the seuenth in the yeere 1407. and is to bee seene in the Registers of the sayd Court Yea that Court hath so farre proceeded as sometimes to decree that the Popes Buls and rescripts giuen out against the libertie of the French Church and Maiestie of our King should be cancelled broken and torne Neither was it lawfull for his holinesse to send any Legate into France except with his Maiesties good will and without preiudice to the rightes of his Crowne as by an Arest of Parliament it was declared in the yeere 1484. After by the same Court haue oftentimes the power of the said Legates sent with the Kings consent bene restrained from al authoritie to enteprize against the rightes of the Crowne of France which limitations and liberties the Popes neuer controuled Sith therefore it is the King that giueth you the Bishoprickes Abbayes and Ecclesiasticall functions that your maners orders and correction depēdeth vpon the royall Maiestie and rightes of his Crowne why wil you not suffer me with S. Ambrose to auowe that he may sell dispose and employe the temporalties of the Church vpon the necessities of his Estate without procuring the lisence of the Pope of Roome alwaies prouided that his Maiestie leaue sufficient for the sustenance of the Priestes and others that haue charge of the deuiue Seruice For you also doe know that whatsoeuer you take more then for the necessitie of your life onely is theft or meere robberie and so termed by the holy decrees founded vpon the expresse commaundement of the Apostle that you should be content with your food and sustenāce and by the Canons you are straightly forbidden not to giue any portion to either kinsman allie or friend whosoeuer And in deede so soone as the Church perceiued that your Predecessors did abuze that too much confidence which the first Christian Emperours had reposed in their pietie touching the distribution of Church goodes which by litle and litle through the conniuence of very zealous Princes who did too much assure them selues of the honestie of Bishops they had recouered she did againe take it from them Also in the fourth Counsaile of Charthage they were forbidden to meddle therewith In the generall Counsaile of Chalcedon holden vnder the Emperour Martian were Stewards established to such purposes who were neither Priestes neither Cleargie men In the seuenth generall Counsaile holdē vnder Iustinian the first the same were renewed and it was decreed that the Archbishops onely should be called to their election whereof Iustinian maketh mention Saint Iohn Chrisostome cryeth out and greatly complaineth that in his tyme the Bishops and Cleargie would needes be the distributers stewardes and husbanders of Church goodes and therfore saith this good father in his 86. Homely vpon Mathew They endeuour as much to rule the Temporall as the Spirituall The Apostles would not distribute that money which they had common among them Our great Law-giuer King Charlemaigne doth expressely forbid them to conuert any to their perticuler profite or otherwise to employe it then vpon the necessitie of the poore It is well enough knowne in what order and to what vse the Church hath decreed the dispensation of the Reuenues thereof Sainct Gregorie reporteth that oftentymes they were wont to deuide it into fower partes whereof one to the Bishop and his small famelie an other to the poore Priests and officers of the Church the third to the rest of the poore and the last was appointed to the reparatiō of the Churches But our Bishops and Abbots doe well enough keepe themselues from proceeding in any such maner for amōg themselues they retaine the assotiation of the Lyon whereof our lawes doe make mention and easily permit the poore Priests and others to part with as much as they list so that themselues be not admitted in the exaction thereof but contrariwise if any Prince for his necessitie would employ any part of their superfluous aboundance they straight spread rumours among the people that the deuill hath carried away one that an other hath bene sene in hell that an others body haue not bene to bee found in his Tombe with a number of such fables wherewith our Christian Histories for these seuen or eight hundred yeeres are poysoned in liewe of quietly obeying the will of their Kings and soueraigne Lordes in whose Cōmonwealths and vnder whose discipline they are bound to liue simply and poorely casting downe their high lookes in all Christian humilitie and obedience taking their parts and portions of the reuenues and Church goods and of that Aulter which they serue at the handes of their Kings yea and onely so much as may suffice for their sustenāce and in liew of yeelding parte to the necessities of their Princes to complaine murmure and arme themselues against them because they would employe it to such vses as their affayres doe require I beseech you therfore my Masters ye Bishops and Prelats of Fraunce whome many good men doe accuse of countenancing the wicked deliberations of Spaniards Italians and Lorraines that seeke to seaze vpon the Crowne against the King and the Princes of his bloud remēber the exāple of Magnulph Bishop of Tholauze repeated by Gregorie of Tours when one Godoald terming himselfe sonne of Clotaire the first and vpholden by Disier and some others the perturbers of the peace of the Realme such as our pretended Mascontents required pertition with Gontran and Childebert the children of the sayd Clotaire For the historie importeth that the sayd Disier and most of his partakers were letted by the exhortation of this good Bishop who vsed this oratiō to the people Wee knowe Gontran and his neuewe to bee the children of our Kings but for Godoald we wot not what he is nor from whence Prepare ye therfore ye Frenchmen and if Disier would force you to doe this iniurie to your Kings defend your selues let him perish as Sigulphus that he may bee
theÌ„ due together with that which was assessed vpon the heads of euery of his Apostles euermore referring the reward of his grace reuenge of trespasses against him committed vnto the kingdome of heauen enioining his Apostles to doe the like and to imitate his example as they haue done The Apostle Sainct Paule sayd Let no man that fighteth in the Lordes warfare trouble himselfe with the matters of this life Againe The minister of the Lorde ought to be louing to all men meet to teach paciently bearing with the wicked with modestie reprouing such as withstaÌ„d the trueth Briefly in one word to say all there be two kinds of Iurisdictions the one earthly coÌ„mitted into the hands of Kings and Princes to whome euery one of whatsoeuer degree or calling Spirituall or Temporall Priestes Bishops or high Priestes ought to obey as it is written Let euery soule bee subiect to the superiour powers vpon which place Chrisostome sayth the Apostle vsed this word euery to shew that there is no creature that may be exempt whether he be saith he Apostle Prophete Euangelist Priest Monk or other whosoeuer We also finde that in the Primetiue Church before pride Ambition tooke roote in the Bisshops hartes that the Popes of Rome neuer made any question thereof Wee haue also amoug vs a request exhibited by Boniface the first to Honorius Emperour of the West wherein hee beseecheth him to decree that afterwarde the Bishops and Popes of Rome might not bee chosen by fauour or any other vnlawfull meane whereto the same most Catholike Prince maketh an aunswere worthie such a request In the time of Odoacer King of the Herules who began to raigne at Rome in the yeere 471. and ruled full 14. yeres after hee had put to death Orestes and his Sonne Augustulus the last Emperour of the West vntill Charlemagne there were goodly decrees published and receiued in the Church by the Clergie vntill such tyme as Theodoricke the Wisigot whome Zeno the Emperour of the Eeast sent into Italy had ouerthrowen hym Pelagius the first made confession of his faith and sware in the hands of Ruffin the Embassadour of of Childebert King of France Pope Leo the fourth sware and protested that he would and did intend to obserue the Lawes which the Emperour Lothair the first sonne to Lewes the Meek and Neuew to Charlemagne made at Rome in the presence of Pope Eugenius the second whereof some are inserted into the Booke of Digestes the inscription whereof do import that the Emperour made them ante ianuas beati petri ad limina in atrio which was the place where the Christian Emperours were wont to make and publish their Edicts if we maye beleeue Cassiodore and others The said Emperour also created certaine Magistrates in the Towne to exercize the imperiall Iurisdiction The same Leo doth sufficiently declare what respect the high Priests of Rome did in those daies beare to the Emperours when he sued to the same Lothaire and his sonne Lewes the second to conferre the Church of Rheatine or Tusculum to one Colonus a Deacon assuring their Maiesties of his sufficiency and promising in the name of the sayde Colonus that he should praye to God for them This was the same Leo that pleaded his cause and purged himselfe of the treazon whereof hee was accused before the Emperour Lewes the seconde sonne to the sayd Lothaire as appeareth in the decree of Gratian. The like declaration did Pope Iohn the eight make to the same Emperour Lewes the second sonne to Lothaire By the decretall Epistle of Honorius the third who liued about the yeere 1216. it appeareth that as yet the remembraunce of the Emperours lawes was not vtterly abolished out of the Catholick Church and that the Priestes and high Priestes had not as yet wholy shaken of the yoke of y â— same no not in those that they terme Spirituall causes as if any question were moued of an oath in law for the decision of proces in which cace he reneweth the auncient edict of Martian and IustiniaÌ„ the first To coÌ„clude for the stopping of the mouthes of those that doe maintaine that the Pope Bishops or other of the Cleargie may establish any earthly Kingdome apart which shal not bee subiect to the Emperours and Kings of this world but rather such a one as may at pleasure commaunde and supplant the same let them dilligently search throughout the whole Scripture what authoritie the Kings and Princes of Israel had ouâ—r the Priestes and Cleargie in Gods lawe which since the tyme of grace is not deminished and there shall they euidently finde their great authoritie ouer them notwithstanding it was neuer lawfull for the Kings to execute the office of the Priestes for vndoubtedly the ministerie is one thing and the orders discipline of the Cleargie is an other and meerely temporall The other head of Iurisdiction is in heaueÌ„ which we are to looke for at the iudgement of GOD and yet not to perswade our selues that the lawe of Iesus Christ is lame or vnperfect because in it it conteineth not any punishment or earthly reuenge of trespasses against euill liuers considering that the same beeing heauenly and spirituall it will yeeld reward or punishment in the euerlasting world so that as sayd Alexander Seuerus of periury Whosoeuer offendeth against God hath God a sufficient reuenger our good God hath referred to himselfe all the punishment to the end the sinner may haue meanes to acknowledge his offence and repent the same in this world True it is that if y e earthly Magistrate hath in his pollicie taken any order for such causes then is it his office to reuenge the iniurie done to his edicts and decrees for so as saith Isidore The Kingdome of God encreaseth through the meanes of earthly Realmes to the ende such as be of the body of the Church if they offende or blaspheme may be punished by the rigor of Princes and so that discipline whereto the Church can not binde them may neuerthelesse bee preserued through the authoritie of Monarchies The like wherof haue bene vsed against heretickes by all Christian Princes especially in our France by an infinite number of lawes both olde and newe of our most Christian Kings And in troth if the Bishops or Priestes should take notice of the punishmeÌ„t of hereticks it would breede confusion of Iurisdictions and offices aswell might the Goldsmith be iudge of the golde that himselfe had wrought The Phisition of his owne cure to bee briefe euery one should pleade and decide his owne cause contrary to al reasonable order The example also of the Apostle Sainct Paule whome the Iewes accused of heresie doth sufficiently teach vs when by himself it appeareth that he was brought before Festus the Emperours Lieutenant vnto whom the accused did confesse that y â— notice of his cause did apperteine and therefore required
beeing second after God of whom he houldeth his authoritie and hath nothing greater thē the heauenly power Constantius Valens Zeno Anastazius Iustinian the first and second Heraclius Leo the 3. Phillip Bardanes Constantin the 5. Leo the 4. and some other Emperours who were adiudged hereticks were neuer deposed notwithstanding the Catholicke Church condemned their errors which neuerthelesse is permitted to excommunicate Kings and Princes Sectaries of false opinions or otherwise euill liuers in cace the same will not acknowledge their vice or trāsgression which one onely Bishoppe or high Priest whatsoeuer may not doe without the iudgement and notice of the Church after it hath heard the King or Prince in his exeptiōs and defences wherein vndoubtedly ought to be strictly obserued all order of Iustice in respect aswell of the grauitie of the cause as of the qualitie of the person in question wherevpon may depend the trouble and subuertion of Christiā policie through such ciuil warres as might ensue together with the bloud of the poore faithfull which the weapons of the prouoked Prince might shed as Sainct Augustin to the same purpose doth confesse and discourse vpon in his Glose vpon that precept whereby wee are commaunded to obeye our Kings Moreouer excommunication denoūced contrary to the orders of the auncient fathers obserued in the Church and without the knowledge thereof would proue vniust and vtterly voyde and thereby not the taxed but the taxer might take harme as Gratian teacheth expounding a place of S. Hierome vpō Leuiticus Pope Leo also affirmeth that the priuiledge of Peter is in force wheresoeuer iudgemēt is giuen according to his equitie Innocent the third how zealous he was of his authoritie confesseth that if the excommunicated pretende that vniustly hee was so denounced hee maye complaine and exhibite the cace of his innocencie In France by the priuiledges of the Flowerdeluce it hath often by arrest of y ◠Court bene adiudged y t the King his officers or subiects in body or communaltie cannot bee excommunicated by the Pope or any other Bishop whosoeuer Whervpon Charles du Molin a famous aduocate and one of the greatest Lawyers of his time testified that he had to that ende an expresse Bull of Pope Martin the 5. which was nothing repugnant to the lawe by the Popes commonly obserued for Iohn the 22. declareth that he may graunt priuiledge to some one that hee shall not bee excommunicated whereupon Pope Eugenius the fourth concurring with the Court of the holy Apostolick Sea graunted to the French that no Bishop whatsoeuer should entangle them in the sentēce of excōmunication But we haue not for this occasiō to deale either with Bulls or priuiledges of y e Church of Rome for by the rights authority dignitie of the Maiestie of our king it is not lawfull for the Pope or any Bishop whatsoeuer to excommunicate either towne or communaltie subiect to the Realm of Fraunce By reason whereof in the yeere 1488. the Atturney generall appealed as of abuse from the excommunication that the Pope had laid vpō the Inhabitants of Gaūt because they had dealt hardly with the Emperour Maximilian their Earle and Vassall to the King of Fraunce to whome onely hee ought to haue had recourse as vnto his Lord for remedie the Pope hauing no authoritie ouer the subiects of this Crowne To y ◠same ende also Charles the fifth by an Edict verefied in his Parliament in the yeere 1369. expressely forbad all Bishops and Prelates for whatsoeuer cause to lay the sentence of excōmunicatiō vpon any Towne Communaltie Colledge or body corporate of his Realme the same beeing vnder the onely correction and power of himselfe and of none other in the world which Edict was also renewed by Lewes the 11. in the yeere 1467. whereof is growne a custome inuiolably obserued in France as the Oracle of Apollo of Appellations as of abuse in the Court of Parliament against the Pope and his Cleargie without which remedy the Priestes would in France erect an other and more mightie Monarchie then the Kings for the maintenance and dignitie of the which al good Frenchmen ought rather to dye then suffer it to be diminished So that the Pope and Bishops can proceede no further then to excommunication of perticuler persons according to the order of old tyme obserued by the holy Decrees and Canonicall constitutions Thus to conclude you see how to proceede against Kings and soueraigne Princes Hereticks or otherwise offensiue to the Christian Church which excommunicatiōs being by order of law euermore obserued in the florishing and Primitiue Church denounced wee are to dispute whether by the same we bee discharged of y t faith and oath that by nature wee owe vnto them Wherein are but too euidently knowne the constitutions of the Popes Gregorie the 7. Honorius the 3. Lucius the 3. Innocent the 3. and others by the which they doe not onely declare the subiects of an hereticall or excommunicate Prince absolued from their oath of fidelitie but which is more doe vpon the like penaltie forbid the vassals to obey their Lord after he is adiudged such a one Neuerthelesse I thinke not but such decrees proceeded of a meruelous passion of the Popes of those daies against the Princes of their time And in deede Iohn Andrew Innocent Archidiaconus Panorme many other learned glozers vpon the Decretals being of a contrary aduice doe alledge great difficulties therevpon and in their hypotheses doe perticulerly expounde them in cace by the sentence of excommunication it bee expressely set downe that y ◠subiects shall be discharged of all right of vasselage otherwise they doe iudge the obligation not to be extinct or diminished by the excommunication of their Lord which last in sundry considerations full of Religion and ciuill pietie seemeth to be of great apparēce and too too true First that we are bound to obeye our Kings whether good or bad because they are chosen giuē to vs by the hād of God euen such as it please him to giue to rule ouer vs. Secondly that the excommunication importeth no alteration or diminutiō of the qualitie of the person nec habetis capitis minutionem as the Lawyers doe saye to conteine or comprehend therein depriuation or publication of goodes sed motionem ab ordine Christianorum coetu as saith Modestin of Senator qui Senatu motus capite minutus non est Romae morari potest Moreouer excommunication is a Spirituall discipline medicine and admonition and hath no participation with worldly and temporall goodes and meanes whether great or small as S. Paule saith The armors of our warres are not carnall therfore sith Realmes and Lordships are for the most parte patrimoniall or at the least terestriall whose propertie and possessiō doth no way concerne the kingdome of God the declaratiō of the losse of the one bringeth no consequence for the depriuation from the other Paul the Lawier
also teacheth vs that quod alicui debetur certis modis deberi desinit among which is not to bee found the excommunicatioÌ„ of him to whom we acknowledge our selues bound for otherwise the vassal and subiect should reap benefite commoditie and discharge in the destruction and hinderance of his Lorde Besides that the excommunication tendeth not in worldly matters to impouerish the partie condemned but onely to depriue and declare hym vnworthy the fellowship of men or to be thought a member of the Church of GOD. He is also denounced such a one first to be an instruction and example to all other the faithfull when they shall consider the grauitie of the offence and thereby waie the publick slaunder arising thereof Secondly to driue the condemned to call to mind abhorre and be contrite for his offence seeing hym selfe deliuered into the handes of his mortall ennemy Satan and humbly to craue reconsiliation at the catholick Church from whence he is banished in exilio sinitimo said Alexander the Martir which wee may sufficiently learne by the auncient forme of satisfaction which the Primetiue Chnrch enioyned to the parson excommunicate that is to confesse his fault before the Priests and assembly of the faithfull in whose presence hee was reproued blamed and condemned to abyde in a certaine place without the communion aud assembly of the Church with certaine outwarde workes of a penetontiary as well in habit and behauiour as especially in his dyet in which forme he should exhibit petition and supplication both to the Priestes and to the whole coÌ„gregation to be forgiuen and vnbound from his offence whervpon the Church by the aduice of the Ministers thereof sometimes condemned hym in greate amends and so by litle and litle receiued hym againe as she thought good For at the first he was onely admitted to heare the worde of God after that he was receiued to the prayers of the Church and so consequently to the Communion of the faithfull finally by the imposition of the Priestes handes he was restored to his former estate and then was it not lawfull for any to reproch vnto him what was passed So as by this forme of excommunication and penance or satisfaction extract out of the auncient Counsailes of Ancira and Nice we may euidently iudge that it no way concerned the temporall goodes as of those that the Church hath not to dispose of neither did it importe other then the exemplary correction of the excoÌ„municated for the sâ—auÌ„der by his offence committed against the Church either els according to y e holy scripture for the subduing of the flesh whereby the soule may be saued in the day of our Lord Iesus Moreouer it seemeth that Gregorie the seauenth Innocent the third and other the high Priestes did so vnderstand it wheÌ„ in the excommunication of the Lords and of those that were conuersant and had dealings with theÌ„ they would not include their officers seruants and others who by necessitie doe owe them obedience as doe the vassalles and subiects of the Crowne who naturally and ciuilly are bound to their Kings and Princes So that the necessitie of their bondage exempteth theÌ„ by the iudgement of the Church out of the generall excommunication denouÌ„ced against all other persons that haue dealing with the excommunicated And perticulerly Innocent the third in his decretall Epistle written to the Doctors of Boulogne declareth that the debtes letters and obligatioÌ„s of excommunicated persons are not called in question neither are the debtors discharged of the same much lesse to be blamed for paying and satisfying their creditors considering that the necessitie of their obligatioÌ„s doe thereto bind them And there is no doubt but the priuate famelie and household of euery one is likewise a little Commonwealth aswell as the Commonwealth is a great famelie whereof the King that ruleth it is the father and defender so elected and ordeyned by God as father of the household among the children Innocent the third therfore exepted out of the excoÌ„munication of those that were conuersant with the condemned all such persons as by necessitie of the lawes of houshold were bounde to yeelde their due obedience which shall neuer bee more strickt great or commendable in the children of the household seruants toward the father of the household then it ought to bee in the subiects towarde their King or soueraigne Prince And effectually to shewe that the excommunication of the King dischargeth not his subiects from their vowed faith let vs call to mind the auncient examples meete and commodious for this argument The Emperour Theodosius the first was iustly excommunicated for the murder of the Inhabitants of Thessalonica His sonne Arcadius for expelling and deposing S. Iohn Chrisostome from the Church of Constantinople Zeno and Anastazius for being Eutichians Lothaire the first for his adulterie committed with Gualdrade which notwithstanding their subiects were not discharged of their bondes and oathes whereby they were to them bound against the which also they neuer made any difficultie to obeye those Emperours as their lawfull Lordes Dagobert King of Fraunce who became a Nero and after the first yeres of his quiet and Catholicke gouernement began about the yeere 637. to trouble the Churches destroye the Temples banish the Cleargie and commit an infinite number of other insolencies for the which Seuerinus Bishop of Roome did greatly reprooue him was not neuerthelesse driuen awaye by his subiects who with earnest prayer obteyned at the grace of God that this Prince repented and euer after serued God faithfully all the dayes of his life When Pope Celestin the third had excommunicated Phillip Augustus King of FraÌ„ce in y â— yere 1197. for forsaking without lawfull occasion his wife Isambergue sister to King Iohn of Denmarke his States and subiects did not neuerthelesse expell him or denye to acknowledge him to be their King and Soueraigne When Boniface the eight had cast foorth his poysoned Bull against Phillip the Faire the Nobles Prelates of the Realme assembled at Paris declâ—red that the Bishop of Rome had no authoritie so to doe When Pope Iulius the 2. excommunicated and interdicted King Lewes the 12. whome iustly wee terme father of the people the Prelates and Nobilitie assembled at Tours protested it to be lawful to coÌ„temne the said Thunderbolt the same notwithstanding did sweare to him their due faith and homage When King Henry the 2. of England was by Alexander the 3. excommunicated interdicted for banishing Thomas Archbishop of Canterbury whom after his death the Pope canonized yet was he not cast out froÌ„ his kingdome neither did his subiects with earnest affection denye him their accustomed obedience Iohn without Land King of the same Ile was neuer dispossed neither did his subiects molest him in respect of the curse that Innocent the third had denounced against him in the yere 1212. vntill he became a TyraÌ„t and extreme oppressor of the people who then beeing
strayed and hether to bene misâ—ed In the meane tyme and wayting for the sayd lawfull Counsaile neither y e French King neither his Courtes of Parliament would euer in this Realm publish the decrées of the assembly of Trent neither doe any other receiue them then the Cleargie who are the suppostes of the Popes Monarchy But contrariwise the late King Henry the second sent Embassadours expressely to withstande the sayd pretended Counsaile also to declare that he ment not in any wise to allowe thereof as in â—rueth it cannot be admitted without infringing the rightes and authorities of the King of France the auncient decrees ordeyned in the generall Estates of the Realme vnder the forme of a pragmaticall sanction and the most holie liberties of the French Church whereby the Maiestie of this florishing Crowne is preserued 25 Neither is it any newe matter to say in Fraunce that the King and his French Church will not receiue the same Counsaile because our Kings haue euermore vpholden and preserued aboue al other the libertie and franchize of their Church and neuer bound themselues to the Popes coÌ„stitutions or late Counsayles no further then the same were conformable to the decrees of the vniuersall Church nothing derogatorie to the rightes of their Crowne For proof therof we know that the generall Counsaile of Vienna was neuer wholy receiued in this Realm In that of Constance the libertie franchizes and priuiledges of the French Church were admitted according to the declaration exhibited by the Embassadours of the most ChristiaÌ„ Maiestie As for that of Bâ—sill King Charles the seuenth would not permit his subiects to appeare at the conclusion of the same after the which at Bourges he asseÌ„bled al his Church by whom the decrees of the same Counsaile were perused and onely parte of them accepted with such qualifications as were thought meete to that effect whereupon was formed the Pragmaticall sanction soone after published in the Parliament wherein these words are often repeated Item our Synode accepteth the decree following thereby to shewe that in France we are not bound to the Popes ordenances constitutions or decrees neither to the assembly summoned by his authoritie which he calleth a Counsaile And now may we truely say that neuer was there any holdeÌ„ that was more preiudiciall or of greater misprision against the dignitie of this Crowne for if we search narrowly into it we shal finde that a great parte of the decrees thereof doe dyametrally oppose them selues against the libertie of our Churches and the Maiestie of the most Christian King against whom they were deuised 1. First concerning the doubt in this assembly made for the place and first degree of honor which haue belonged to him aboue all Christian Kings for these 1000. yeeres so that his Maiestie allowing of this pretended Counsaile should confesse a matter very preiudicial vnto him because as saith Balde he weareth y â— Crowne of libertie and glory Secondly as for reformation of the maners pollicie and Ecclesiasticall discipline which euermore hath bene one of the fayrest flowers of his Crowne who so shall reade the sessions of the sayde Counsayle of Trent shall finde that thereby the same is quite lost extinguished and transferred to the Pope of Rome for the fourth and seuenth decree of the seuenth session doe import that in the election and making of Bishoppes and Priestes the consent of the people and authoritie of y e Magistrate are not necessary which is quite contrary to Gods lawe the obseruation of the Primitiue Church the auncient Canons the ordinances of Charlemaign and Lewes the Meeke and more perticulerly to the determination of the three Estates of this Realme holden at Orleans in the yere 1360 and confirmed in the Court of Parliament where it was decréed that together with those of the Cleargie there should bee 12. Gentlemen for the Nobilitie and 12. Burgeses who should be chosen out of the towne house and should represent the third Estate Also in the second part of the same session the sayd Counsayle attributeth to the Prelates the notice of the reuenues and buildings of the Churches contrary to the auncient Edicts of our Kings namely against the ordenance of King Charles the 6. who in the yere 1385 ordeyned that the Iurisdiction of the buildings should apperteyne to the Iudges royall In the same session the Counsaile permitteth the Bishops to cut off parte of the reuenues of the Hospitalles whereby to make themselues fatter then they are thereby manifestly encroching vpon the authoritie of the King and his high Amner and against many decrees both old and newe of King Frances the first and Charles the nineth An other abuse and notorious enterprize against this Crowne consisteth in that the said Counsaile permitteth and decreeth monitions and excommunications not onely to the ende of reuelation but also for the recouerie of things lost against an infinite number of arestes of the soueraigne Court of this Realme whereby the same haue bene condemned and declared to be abusiue It permitteth them to condemne the Lay fee in fines of money in seazure apprehension and execution of their bodies and goodes aswell by the Bishops officers as their officialles notwithstanding in France thei neuer had that authoritie no not ouer the Cleargie and therefore it is meere encrochment vpon the seculer power It inhibiteth the Magistrate to forbid the Ecclesiasticall Iudge to excommunicate any person either to commaunde him to reuoke his excommunication although the Clergie doe but ouermuch abuse the same It reuoketh the decree of Phillip the Faire concerning combats receiued and enrowled in the Parliament and thereof depriueth Kings Princes Dukes Marquizes and all other of their Iurisdictions which is an intollerable abuse as wee haue aforesayd It admitteth promotion to the order of Priesthoode to Curates other Ecclesiasticall functions at 25. yeres although in y â— decree of the States of France before published the age of 30. yeeres was required It permitteth profession at 16. yeeres accomplished and therein correcteth the decree of the sayd States which limited the man at 25. and the woman at 20. It returneth the prouision of Bishops Prelates to the Pope contrary to the auncient ordenances of Charlemaigne and his children and contrary to whatsoeuer is conteyned in the Pragmatical sanction of Sainct Lewes inserted into the stile of Parliament yea and contrary to the defence made at the sayde Estates of Orleans It permitteth Bishops and Archbishoppes by their Viccars to visite their Dioces contrary to that is conteined in the arrest of the sayd Estates It permitteth the Pope to vnite simple Benefices to the Bishopricks contrary to that which was decreed in the Counsailes of Constance Basill and contrary to many the arrestes of the Courts of Parliament of this Realme wherby the same vnions ought to bee made vpon the selfe place By the same Counsaile y e tollerations at the Kings request graunted to y â— Court of ParliameÌ„t to some