in al thinges touching the royaltie of the same Crowne shoulde be submitted to the sea of Rome We doe also reade there that all the Barons and all the Byshoppes present and the deputies of those which were absent being asked euery man seuerally saide that therein they would to their vttermost stand with the King against the Pope so zealous were all good Englishmen in those daies of the auncient honour and libertie of their country and the soueraignetie of their King Moreouer Saint Germanye in the xxxix Chapter of the second booke entreating how ecclesiasticall persons may dispose of their goodes he vtterly reiecteth the Canon law therein and sheweth what they may doe by the lawes of this Realme and at the length he saith thus And moreouer a parson of a Church vicar Chauntery priest or such other all such goods as they haue by reason of the parsonage vicarage or Chauntery as that they haue by reason of their owne person they may lawfully giue and bequeth after the common law And if they dispose part among their parishoners and part to the building of Churches or giue part to the ordinary or to poore men or in any such manner as is appoynted by the law of the Church they offend not therein vnlesse they thinke thēselues bound thereunto by duety authoritie of the law of the Church not regarding the Kings lawes For if they doe so it seemeth they resist the ordinance of God which hath giuen power to princes to make lawes But whereas the Pope hath soueraignety in temporall things as he hath in spirituall thinges there some say that the goods of priests must in conscience be disposed as it is contained in the same summe But it holdeth not in this Realme for the goodes of spirituall men bee temporall in what manner soeuer they come to them and must be ordered by the temporall law as the goodes of temporall men must be Thus farre Sainte Germany then may I inferre if that the Pope the counsell and thee conuocation can not make a Lawe touching the goodes of the spirituallty within this Realme and that those which doe dispose of their goodes according to such a Canon doe sinne although it doe agree with the law of this Realme if they did it as bounde by that Canon shall wee thinke that the Pope the councell or the conuocation can giue away the goodes and landes of temporall men within this Realme yea and the Crowne and kingdome and that they doe not sinne mortally that doe obey any such decrees And what account is to bee made of the Popes dispensation in temporall causes the same learned author plainely declareth in the xli Chapter of the seconde booke where hee saith That although by the Canon law euery man may lawfully kill an Assasin such a fellow as will at euery mans request kill any man for money yet he affirmeth it is altogether vnlawfull in this land and that notwithstanding the Popes dispensation and pardon he that slayeth an Assasin is a fellon and so ought to bee punished as a fellon Moreouer in his xliiii Chapter hee doth conctantly holde that the Canon summes that do determine all scruples of conscience according to the Canon law doe rather hurt English mens consciences then giue them light and that there bee many cases in them ruled according to the Canon law that are not to bee obserued in this Realme neyther in law nor conscience And in xlii Chapter that although many sayings in the same summes doe agree with the lawes of this Realme yet they are to be obserued by the authoritie of the Lawes of this Realme and not by the authoritie alleaged by them Finally in the xxix Chapter of the same booke hee doth flatly ouerrule our present case whereas by the Canon Law an heretike hath ipso facto lost all his goodes and therefore can make noe execution he affirmeth that it holdeth and bindeth not here for if he doe abiure hee hath forfeited noe goods but if hee be conuicted of heresie and deliuered to laye mens handes he hath forfeyted all his goodes that he hath at that time that he was deliuered vnto them but not his landes before that he be put to death To this the Doctor answereth me thinketh that as it onely belongeth vnto the Church to determine heresies that so it belongeth vnto the Church what punishmēt he shal haue for his heresie except death which they can not be iudges in but if the Church decree that therfore he shall forfeite his goods me thinkes that they be forfeyted by that decree vnto this obiection he thus answered vnder the name of student Nay verely for they be tēporall things and belong to the iudgement of the kings court And I thinke that the ordinarie might haue set no fine vpon one impeached of heresie vntill it was ordained by the statute of Henry the fourth that he may set a fine if hee see cause and that the king shall haue that fine If this were the vniuersall beliefe of all good Englishmen in the time when the Popes authoritie most flourished heere and before this controuersie arose that neither the Pope nor counsell nor Church hath authoritie to ordaine any temporall punishment for heresy can he be accounted a true Englishman that doth holde that the Pope can depriue her maiestie of her crowne and dignitie for a pretence of heresy Of the counsell of Laterane or that the Canon made in the counsell held at Laterane doth binde vs heere in England But because we vnderstand that the greatest scruple in conscience of our Catholickes Romane is grounded vpon this Canon we will make a particular treatise thereof and to vncomber and discharge their consciences shew first that it is no determination of faith that the Pope may depose princes and secondly that it doth not binde in this realme not onely because as I haue proued before the Church can make no decree of temporalities but also because by the verie Canon Lawe it neither is nor euer was in force within this realme and finally neither orderly executed according to the order of the Canon And first because I shall haue occasion to examine euerie worde of one member thereof I will set it downe verbatim worde for worde Ca. 33◠Si ver◠dominus temporalis requisitus admonitus ab ecclesia terram suam purgare neglexerit ab hac haeretica foeditate per Metropolitanum comprouinciales episcapos excommunicationis vinculo innodetur etsi satisfacer◠contempserit intra annum significetur hoc summo pontifici Romano vt extunc ipse vasallos ab eius fidelitate denuntiet absolutos terram exponat Catholicis occupandam qui cam exterminatis haereticis sine contradictone possideant in fidei puritate conseruent ita quod bona huiusmodi damnatorum si laici fuerint confiscentur si vero clereci applicentur ecclesijs a quibus stipendia per ceperint Which may thus be englished If the temporall Lord beeing requested
with him the curse pronounced in that place by the Prophet Ieremy The practise of deposing Princes neuer came of charitie Cursed is the man that trusteth in man and maketh flesh his arme And because Cardinall Hosius will haue Luthers doctrine tried whether it bee good or bad by the roote that bredde it I pray let vs also see from what roote this practise of deposing of Princes did spring There be two rootes saith Agustine vppon Iohn and out of him Hosius which two husbandmen the holie Ghost and the deuill set in mans hart the one charitie or loue the other inordinate desire Henry of the one commeth all good of the other all ill now whether of these rootes brought forth deposition of Princes I praye let vs consider The first Pope that did it in practise about Anno Domini 108â— was Gregory the seuenth against Henry the fourth Emperour because he being exasperated against the Pope for excommunicating of fiue of his chiefe counsellours whome he thought ruled him to much and for commaunding him vppon paine of excommunication to appeare before him at Rome the twesday in second weeke of Lent to purge himselfe of such chrimes as his rebellious subiectes the Saxons had accused him of See Platina and Sigonius had called a counsell in Germany where Gregory was deposed being accused there by Hugh Blancke a Cardinall and many Italian Byshoppes of Necromancy heresy lecherie symony tiranny and I know not what else nor force how truely but most true it is that this was the cause of the Emperours deposing as it doth appeare by the Popes bull wherein wee finde these wordes Because he hath too audaciously and rashly laid hands on the Church the Pope speakes to Peter and because he hath not obeyed my authoritie as becommeth a Christian c. therfore in thy name I do accurse him depose him discharge all men of obedience towardes him and forbid them to obey him that all nations may know that thou art Peter c. Now to depose the Emperour because he had caused him to be deposed was this charitie or inordinate desire of reuenge did any of his predecessors before him the like God saith reuenge is mine I will repey it and S. Paul charitie seeketh not hir owne I pray you tel me what Charity was it towards the Church Christendom rather then he would forsake his sea yea or reuoke his cholericke censure that he would see all Germany and Italy See Sabel almost vtterly destroyed by ciuill warres his fauourers in Germany broken in seauen blody battelles his two Idol Emperours slaine and all the forces of his Italian staffe stay the mightie countesse Mawde vtterly defayted great part of the Citizens of Rome consumed by three yeares seige the Burgo San Pietro twise sacked and defaced all the house of the Corsy the noblest Citizens of Rome and his fastest friendes raced to the grounde the miracle of the world the septisolium taken and deformed his nephew taken prisoner the cyty of Rome twise sette on fire by Suiscardo whom being excommunicated now reconciled he had procured to come to discharge him out of the castle of San. Angelo with two huge wastes remaine yet to be seene at this day in the fayrest part of the Cytie for a perpetuall reproch for the first deposing of Princes yet woulde not his stoute heart stoupe but when at the importunate prayers of the oppressed Romaines hee had graunted to receiue the Emperour into grace vppon his submission he afterward vtterly refused it because the Citizens requested that the Emperour might doe it in his imperiall robes and fled first into the Castle San Angelo and afterward vnto Salerne where he died in voluntarie banishment not daring to abide at Rome for feare of the Citizens who for these manifolde calamities with which he had ouerwhelmed them did deadly hate him What an hard heart had he that would not relent at so many and extreeme mischieues and miseries Did he not blush to remember how the noble Quintus Metellus a pagane being wrongfully forbididden fyre and water by Apulieus the Tribune of the commonaltie to be reuenged on Meitellus for putting him out of the senate for his lewde life chose rather willingly to go into bannishment hauing the stronger faction then that any tumult should be stirred vp in the Citie for him Againe how many of his predecessors did for righteousnes sake suffer banishment imprisonment yea and painfull death when they might haue shrowded and saued themselues we haue alreadie shewed by many examples And also Marcellinus a pagane doth report that Constantius the Emperour coulde hardlie in the dead time of the night carrie Liberius out of the Citie of Rome with great difficulty for the good will of the people that burned in his loue so that it is likelie that if the Bishop would with force haue resisted he woulde haue beene to hot and to heauy for the Emperour to carry away But neyther God nor Deuill had yet reueeled vnto the Bishop of Rome this newe dignitie of Gregories See Platina and Sigon that they could by Apostolicall power binde all men not onely in spirite but also in bodie and all the goods of fortune that they might depose Emperorus for their pride coÌ„tumacy in not obeying of their commaundementes as Gregorie did Henry and giue the Empyre vnto another for his humilitie and obedience as Gregorie did to Rodulph because he had promised to giue his sonnes pledges for assurance that he wolde stand to the Popes arbiterment for they yet knewe not this reason that Gregorie alleadged quite voyde of reason in these wordes Wherefore O Peter and Paule the most holy and chiefe of the Apostles confirme by your authoritie that which I haue spoken that all men may nowe at the length vnderstand that if ye can binde and loose in heauen that then we also can in earth take away and giue Empieres and Kingdomes and whatsoeuer else men haue For if ye can iudge those thinges which doe appertaine to God what is to be thought we may doe in these inferior and prophane thinges And if it belong to you to iudge Angels that raigne ouer proude princes what is it seemely that we doe with their bondmen Therefore let kinges and all princes of the worlde learne by this Emperous example what ye can doe in heauen and how great ye are with God and henceforth feare to contemne the commaundementes of the holy Church Doubtlesse these words now at length may learne and henceforth may feare were very significantly put in by Gâ—â—gorie for indeed before this time this doctrine was vnknowen to the world as also that learned Hermite of Rome the Popes Chronicler Omphrius a man inferior to none in the knowledge of the Romane antiquities doth confesse in his booke of Cardinals in these wordes Bishops cardinales did at the first take their place among other Bishoppes according to the anciency of their creation but afterward
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
See they will be the successors of Constantine and not of Peter c. And in this minde they continued in the reigne of king Edward the first when the Parliament assembled at Lincolne thus wrote as we reade in Thomas of VValsingham flores historiarum vnto Bonifacius the viii who among other things in his letters to the king had requested that if the King had any right in the kingdomes of Scotland or any part thereof that he would send his proctors and learned counsell vnto him and there the matter shoulde speedily with iustice be adiudged decided Neither that the kings of England had by reason of the preeminence of their state regall dignity and costome at all times inuiolably obserued euer answered or ought to answere before any Iudge eccelesiasticall or secular about his rights in the aforesaide kingdome of Scotland or other his temporalities wherefore we hauing held a diligent consultation deliberation vppon the contents of your abouesaide letters it was the common concordious one minded consent of vs all of eueryone of vs shal be for euer hereafter vnaltered that our foresaid Lord the King doe not about the rights of the kingdome of Scotland or other his temporalities in any wise answere iudicially before you nor come vnder iudgement in any sort or bring his rights aforesaide in doubt or question nor therefore sende proctours or messengers vnto your presence seeing the premises doe tende manifestly to the disinheriting of the right of the Crowne of the kingdome of England and the kingly dignitie the notorious subuersion of the state of the same kingdome also to the preiudice of our fathers libertie costoms lawes to the obseruation and defending of whom we are bouÌ„d by the duty of oth taken the which we will maintaine in all that we can and will with the helpe of God defend with all our strength Neither also doe wee permit or in any sort will suffer as neither we can nor ought that our foresaide Lord king yea if he would doe or in any cause attempt the premises so vnwonted vndue preiudiciall and at other times so vnheard of c. And now I pray you will any indifferent man beleeue that our countrimen in those daies did thinke that the Pope had authoritie to despose their Kings or knew or heard that their fathers and auncestours had giuen the Pope power to expose the kingdome of their countrie for a common pray for all Christians and Catholickes But now hauing prooued that this Canon cannot bind vs now vnlesse our ancestours had receaued by consent of Parliament also haue shewed that it neither was nor could be done let vs fall to our seconde proofe that the Canons of this Counsell at least in temporall cases were neuer receiued in this Realme In this counsel there was a Canon made vnder payne of excoÌ„munication that the Clergy should not be forced to pay any contribution to secular princes neither shoulde they willingly of their owne accord pay any without licence first obtained of thâ— Pope Now that this Canon was neuer in force here it doth plainely appeare by the subsidies payde by the Clergy vnto the sonne of King Iohn Chap. 24. Henry the third in the ix the xvi the xxi the xxix the xxxvii the xliiii the xlii yeares of his raigne neuer once asked the Popes consent but contrariwise in the xxxvi yeares of his raigne the king hauing the popes mandate from the Counsell of Lyons See Holinâ—hed to pay him three tenthes because he was crossed for the holy land they vtterly refused to pay him penny The Clergy did also wthout contradiction pay vnto his sonne and successor Edward the first in the eight yeare of his reaigne thre tenthes and in the eleauenth yeare the twentith part of all their goodes but afterward at the Parliament helde at Saint Edmondesbury Robert the Archbyshoppe of Canterbury and some of the Clergy refused to pay not claming to be exempted by this Canon but by another decre made lately that very yeare by Pope Bonifacius the eight but then the King put the Cleargy out of his protection and thus forced them to yeelde and so they haue continued payment quietly euer since that time An other Canon we haue in the same counsell Chap. 4â— that no prescription shall be good during the whole time whereof the possessor did not verelye beleeue that the thing was his owne in truth But that the law of this land did neuer make any distinction of possession bona or malae fidei whether the possessor did think it to be his owne or not at all our Lawyers doe know and acknowledge And also the statutes of limitation made in the Parliamentes held at Marton and VVestminster in the three and twentie yeares of the raignes of Henry the third and Edward the first doe plainelie prooue Also a third Canon there is a branch of this of the desposition of Princes that the goodes of Clarkes condemned for heretikes shall bee forfeited vnto the Churches where they serued This constitution not to bee obserued the author of the booke called the Doctor and the Student doth at large prooue in the xxix Chapter of his seconde booke And also it doth plainely appeare by the statute made in the second yeare of Henry the first Chapt. 7. where wee finde that the goodes of Heretikes of what estate condition and degree soeuer they bee are escheated to the King And also all their landes that houlde immediately of him or of their ordinaries or their commissaries but the landes of all other that holde in chiefe of other Lordes the king to haue them a yeare and a day with their wastes and afterward to returne vnto the Lord of the sea And seeing that in three small matters that touched not the state the Counsell was not nor is receiued can anye wise man beleeue that the Counsell was receaued in a Canon that touched the ruine of the whole country and kingdome and namely seeing it hath beene plainely proued that a part of the very selfe same Canon was neuer alowed Now finally to conclude neither was the sentence of depriuation canonically pronounced against her Maiestie according to thee decree of the Counsell The Canon not orderly executed for whereas she should first haue bene admonished by the Church and then excommunicated by the Metropolitane and his comprouinciall Byshoppes and then if she had contemned to satisfie within one yeare to bee depriued c. It is manifest that she was not excommunicated by the Metropolitane and the Byshoppes of his prouince neyther I doe thinke admonished by the Church but euen at the very first choppe deposed by the Pope Therefore seeing that neyther Pope nor generall counsell haue authoritie to depose Princes or release subiectes of their allegiance neyther was the Canon of the Counsell of Laterane for deposing of Princes euer receiued in this land nor any other Canons of Counsels that touched temporalities neyther yet that Canon orderly executed â—-against her Maiesty What good Christian English man can thinke that hee was by that Bull of Pius Quinâ—â—â— discharged of his obedience and allegiance that hee oweth vnto her Maiestye And can absurdly beleeue that all those that shall dye in that quarell shall vndoubtedlye bee damned in hell fire with all miscreants and rebelles FINIS
although he write very directly against the Pope popery yet in many respects doth he shew himself a papist as in following of corrupt translations in the places of scripture which he alledgeth in misapplying many of them contrary to the true sense meaning of the holy Ghost wherein although some warniâ—g is giuen by a few marginall notes added of purpose and signed witâ— this letter yet cannot the godly reader for all that be too wearie and circumspect in the particular consideration of the same Faults escaped Pag. 2. for euery read euery Pag. 3. for iu read ni Pa. 4. for Iunius read Fumus Pag 7. for 〈…〉 A COVRTEOVS conference with the English Catholicks Romane about the six Articles ministred vnto the Seminarie priestes wherein it is apparantly proued by their owne diuinitie and the principles of their owne religiâ—n that the Pope cannot deposâ— her Maiesty or releaâ—e her subiects of their Allegiance vnto her NOw then to proue my first proposition that the Pope and all the Bishoppes and Priestes are subiect by the law of God vnto the temporall magistrâ—te All persons subiect to the temporal magistrat in whose realme and dominions they doe dwell thus I prooue Salomon Prou. 24. saith my sonne feare the Lord and King and intermeddle not or be not among detractors for their distruction wil arise sodainly and who knoweth the ruine of them both Likewise Saint Paul the Apostle in his writing to the Romaines thus exhorteth or rather commandeth them Chap. 13. Let euery soule be subiect to the higher power for there is noe power but from God but those which are were ordained by God c. So then he that resisteth the power resisteth the ordinance of God but they which doe resist do get themselues daÌ„nation for princes be no feare of good worke but of il but wilt thou not feare the power doe well and then shalt thou haue praise thereby for he is the minister of God vnto thee to good but if thou haue done ill then feare for he beareth not the sword without cause he is the minister of God a reuenger in wrath to him that doth ill And therfore ye must needes be subiect not onely for wrath but also for conscience for therefore doe yea also pay tribute for they are the ministers of God seruing for this very purpose Also in his epistle to Titus Cap. 3. he writes warne them to be subiect to principalities powers to obey their commandements Moreouer S. Petâ—r from whom the Pope clameth his moâ—arcâ—â— thus writeth in his first vniuersall epistle Cap. 2. Be ye â—ub ect to euery humain creature for the Lord whether it be 〈…〉 most excellent or vnto the presidents as sent 〈◊〉 him to the reuenge of euil deedes but to the praise of 〈◊〉 good because so is the will of God that ye doing well â—ay make mâ—re the ignorance of the vnskilfull as free men 〈…〉 as men that haue libertie for a cloake of naughtinesse but aâ— the bondmen of God and anone after feare God and honour the King Ye do see how the old and new law doe agree in the supreeme authoritie of princes ouer all persons borne or abiding within their dominions Paul vsing this vniuersall euery excepting none and Salomon and Peter an indefinite in this place equall vnto an vniuersall And Peter and Paul doe in expresse wordes giue vnto him the supreeme Empâ—re of administring iustice in punishing the wicked rewarding the good and that he is so the Apostle doth proue by that â—ll men pay him tribute the which also he commandeth to be paide and also chargeth all men to be obedient vnto him and not for feare onely lest otherwise the prince would make them smart but also for coÌ„science sake because theâ— are in duety bound so to do for that God had ordained them to be his lieuetenants in gouernement And therefore if they were not obedient vnto them they must needs be accounted reputed for rebels vnto God that would not accept him for their soueraigne whom God had set ouer them And Peter to suppres the carnal cogitation of the Iewes vnto whom he wrot that thought that the messias had enfranchised them by his redeÌ„ption from al subiection to man also to preueÌ„t the proud opinion of the clergy that should come after who would clame exemption from earthly subiection because they were appointed ordained dispensers of the misteries of the Messias he flatly affirmeth the claming of such libertie to be nothing else put a plaine pretence cloake for their naughtinesse For he would they shoulde remeÌ„ber that although they were deliuered by Christ from the bondage tiranny of sin death the Deuill yet they remained still his his fathers bondmen therfore ought duetifully to obey still the ciuill magistrats whom God hath placed in his owne throne his king his lieuetenant ouer them And therefore Salomon in the place afore alleadged An appellation in secular causes cannot be made to the Pope ioyneth them together saying feare God and the King God principally saith Lyra writing on that place and secundarily the King who is his Vicar in temporall things This being so I cannot chuse but much maruaile at that saying in Cap. Licet de sor comp that an appellation may be made from all princes temporall Yea such as do acknowledge no superiour in temporalities when none other can be had and the matter is of som weight For if as Tertullian saith in his Apologie that there is no man aboue the Emperour et quem soli Deo subiicio and whome I make vnder none but God in annother place of the same Apologie he saith of the Emperours of Rome in Dei solius potestate sunt a quo sunt secundi post quem primi ante omnes et super omnes deos quid in cum super omnes homines they are vnder God only vnto whom they are seconde after whom they are first before all men and aboue all gods and why not seeing they are aboue all men And againe if it be true that the graue and learned light of our Lawiers Bracton that liued almost foure hundreth yeares agoe in the raigne of Henry the thirde doth affirme in the beginning of his booke that a King cannot be a King if he haue any superiour in those things that doe appertaine vnto his crowne and kingdome and may not haue in his kingdome any equall much lesse any superiour especially in administration of iustice that it may be saide of him Great is our Lorde greate is his power c. And that he doth affâ—irme him to be the vicar of God on earth This place Psal 14â— 5 〈…〉 oâ—â—od I can not see by what right or reason an appellation in a secular cause can be made from an Emperour King or any supreame temporall magistrate vnto the Pope seeing he is not theire superiour in temporalities For all the worlde knoweth that an
wife who being that day come from Naples wary was laide downe on her bedde But the proude Dame had no sooner sene the Bishoppe but she began to 〈◊〉 and saide oh sirrha wherein haue I or my Belisarius so soâ—e offended your maistershippe that you should betraye vs vnto the Gothes and immediatly bâ—d away with him not suffering him to speake one word And in his roome was one Vigilius Vigilius placed who not long after refusing to restore vnto his seate Anthenius who had bene depriued of the Bishopbricke of Constantinople for the heresy of Eutiches Thâ—odora the Empresse who fauoured Anthenius commanded to be arrested at Rome and sent prisoner to Constantinople where when being vrged with this vniust request he had broken out into this impatient speach that he had thought he had come to Iustinian but that now he well perceyued it was to Dioclesian He was so well whipped for forgetting his lesson in the two and twentith of Exodus Non maledices principi populi tui thou shalt not speake ill to the prince of thy people that he was almost slaine I doe thinke noe Christian or ciuill Emperour much lesse Iustinian woulde so seruilely haue vâ—ed him whom he reputed the monarch of the world and anone after was ignominiously drawen along the cyty in a halter and then put in prison where he continued many yeares with onely breade and water Anno Domini 591. Pelagius Pelagius the Byshoppe of Rome sent Gregory who succeded him in the see vnto Mauritius the Emperour of the east to desire him not to be offended for that he had suffered himselfe to be denounced Byshoppe before hee had obtained his consent and confirmation for he coulde not sende before that time to Constantinople because the cytie of Rome had bene straitely beseiged by the Lombards Now in those dayes saith Platina and all other Historians writing of those times and affaires the election of the Byshoppe of Rome was voide without the Emperours assent and conformation And now we are come to Gregory himselfe surnamed the greate a man in such credit with the Popes of latter times and the Catholickes Romaine Gregâ—â—y the great that they and wee doe more follow him in the diuine seruice and ceremonies then all the rest that euer satte in that see before him and therefore I doe hope that you will the more willingly allowe and embrace his opinion and iudgement of the secular soueraignytye As I doe not doubte but yee will cauell at manye of my former examples as vniust and tyrannicall the which I will not greately sticke to grant you and yet they doe strongly prooue the superioritie of those princes and that they were there lawfull although lawlesse soueraignes for as substantially doe the banishmentes of the Catholicke Byshoppes by the hereticall Emperours conuince the soueraignetie of the Emperours ouer the Byshoppes as the confining of the heriticall Byshoppes by the Catholicke Emperours Neyther am I lesse assured of the subiection of the Byshoppes of Asia vnto the Emperour of Constantinople for that I reade that Valens banished the Catholicke Byshoppes thereof then I am when I finde that Theodosius banished the Arrian Byshoppes of Asia For neuer shall wee finde that when the Empire was deuided that euer the Emperours of the East of what Religion soeuer they were did bannish the Byshoppes of the West nor contrarye wise but eyther dealte onely with them that were vnder their owne Empire and who would haue a better proofe that this Island was subiect vnto the Romane Empire then the hauocke that Dioclesian made here of the Christians and there Church and doth not he as sufficientlie shew himselfe to be a lawefull iudge that hangeth vp twenty true men aâ— hee that executeth as many theeues Neither doe wee reade that these Emperours and Kinges were reprooued for iniuriously punishing them ouer whome they had noe authoritie by right but because they punished them against law and right for matters that deserued noe punishment But leauing this let vs goe to Gregorie who had not learned to date his letâ—ers as the Popes doe now with Anno Pontificatus nostri in the yeare of our Popedome but regnante domino nostro Mauritio Tiberio piissimo Anno decimo quarto post Consulatum eiusdem domini nostri decimo tertio in the yeare of the raigne of our Lord Mauretius Tiberius the most godly Emperour the fourtenth and after the consulshippe of the same Lord of ours the thirtenth as his foure letters in the ecclesiasticall history of Beda are dated wherein I doe nore three thinges first that he doth not write the date of his owne creation or inauguration as soueraignes doe and secondly as subiectes doe that he writteth the date of the raigne of their Prince and thirdly that he called him Lord a worde so hautie and high that Augustus made an edict that noe man shoulde call him so noe nor woulde not suffer his Children nor Childrens Children to call him so Suetonius neither in earnest nor in sporte Moreouer with what duetifull humilitie are all his letters fraught that he directeth vnto the Emperour calling him in the plurall number after an vnwonted manner to declare his vnwonted lowlinesse and wonted subiection Domini my Lordes and yet because noe man shoulde thinke hee called him so rather of humilitie then of duetie it is apparant he vseth not that tearme to anye other But writing vnto Ethelbert the King of Kent he calleth him in Beda sonne a name of obedience and duetifulnesse but yet also of loue as hee also calleth Châ—lderbert the King of Fraunce â—plaplib 4. Indicto 12. eplam 96. et 97. But omitting many of his letters I will onely rehearse somewhat out of his threescore and one of the seconde booke wherein he finding greate fault with the Emperour for making an vniust Lawe as hee saith that noe Souldiour shoulde enter into Religion the which woulde haue made him to haue forgotten all humilitie if hee had beene as proudly spirited as some of his successors haue beene he thus beginneth his letters Omnipotenti Deo reus est qui serenissimis Dominis in omni quod agit loquitur purus non est Ego autem indignus pietatis vestrae famulus c. He is guiltie vnto God that is not pure vnto my renowned Lordes in all thinges that he doth and speaketh but I an vnworthie seruant of your godlinesse c. And anone after Fatemur Dominis meis and Dominorum pietas sanxit I doe confesse vnto my Lordes and the godlinesse of my Lordes hath decreed And againe Ego vero Dominis meis loquens quid sum nisi puluis verniis sed tamen quia contra authorem omnium Deum hanc intendere constitutionem sentio Dominis tacere non possum But I speaking vnto my Lordes what am I but dust and a worme but because I do perceiue that this constitution doth tende against God the creator of all I cannot holde my peace vnto my