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

famous Cardinall Taietan● that doth hold and maintaine that the Pope cannot erre in the definition of faith yet doth affirme in his commentaries vpon Mathew that he may erre in iudgement whether a thing be lawfull or noe And therefore he doth not accept the de●rees of the Pope in his controuersie of diuotee for definitiue of faith but for iudiciall And in iudgementes the Popes themselues saith he doe confesse that they haue erred and so then may also a generall counsell erre in iudgements by your owne rules if perhaps any iudgement be to be founde of the counsell of the Laterane against Raimond the Earle of Tolouse for not purging his country of the Albigenses Canons of counsels binde not but where they are receiued Nowe this first scruple beeing taken away let vs descend vnto our next article and conclusion that the Canon doth not binde vs in this realme who is so ignorant that knoweth not that all decrees and Canons of generall counsels are not obserued and kept in euerie country neyther doe thy binde the breakers of them in conscience As for example there was a decree made by the counsell at Nice that deacons shall not sit aboue priestes but yet we doe see at Rome the Deacon Cardinalles doe sitte aboue Bishoppes that be no Cardinalles Likewise in Sexto Constantinapolitano in Trullo there is forbidden kneeling in praier on the Sundayes and soe likewise all the time betweene Easter and Whitsontide And also that no man shall fast the Saturnedaies in Lent but the quite contrarie of both Canons was most vsuall in this lande and thought most deuoute when the Pope was in his highest prime heere Moreouer it is the common opinion of all the Canonistes that the decrees and Canons reformatiue doe not else where binde but where they haue beene receiued and therefore our seminary priestes doe holde that the Catholickes Romane of this Realme nor yet those in France be not bounde to obserue the Canons of the late counsell at Trent because they haue beene publikly receiued in neyther of the kingdomes This then beeing soe if I can prooue that this Canon of deposing of princes was neuer receiued in this Realme then haue I conuinced that it doth binde no man of this Realme in conscience And this will I first prooue by circumstance of the time and secondly because diuers other 〈◊〉 for downe in the same counsell were neuer obserued 〈◊〉 as for this Canon The Canon neuer receiued proued by circumstance of time it neuer came in practise heare ●ntill Kinge Henrie the eyght First it is certaine that the counsell at Laterane was helde in Anno Domini 1215. and in the seuenth yeare of the raigne of Kinge Io●n and in the time of the bloodie broyles of the Barons against the kinge it can not bee denyed but that the kinge had three Embassadours there and likelie enough it is that they subscribed and consented as the rest of the Embassadours did for their master sought all the meanes he coulde to please the Pope that hee might haue his helpe against the Barons and so indeede hee stoode his fast friende and at the counsell accursed the Barons suspended the Archbishoppe of Canterburie Stephan Lang●●● for taking parte with them and for the same quarrell would not allowe his brother Simon Elected Archbishoppe of yorke so that there is no doubte but the greatest parte of the realme were as readie to displease the Pope as their prince was to please him for the chiefest cause that moued the king to sende Embassadours vnto the counsell was saith Mathews of Paris to procure the Popes curse against the Barons These wofull warres continued to the death of kinge Iohn soe that no parliament was or coulde be helde whereby this Canon could be receiued For if Sir Thomas More in his debellation doth truely say that kinge Iohn coulde not make his kingdome tributarie to the Pope without the consente of the parliament much lesse coulde he giue the Pope authority to giue the realme away God knowes to whom it should please him or that Christian that was able to winne it by fine force for according to the rule of the Canon Lawe Quod omnes tangit ab omnibus debet approbari that which toucheth all men ought to be allowed and approued and confirmed by all wherefore the Lord chiefe Iustice in the first yeare of the raigne of Henry the seuenth as we doo reade in the reportes of the same yeare Termino Hillarii Chap. 10. affirmed that all the Barrons vnto the Pope that after a sorte commaunded Edwarde the first to surcease from warring on the Scottes that helde of him That although the king woulde giue away the right he had to Scotlands yet for all that it shoulde not be soe because that hee that is king of England is alwaies chiefe Lorde of Scotland And if the king of this Realme cannot of himselfe dispose of a thing annexed and incorporated to the crowne of this kingdome will any wise man be of opinion that king Iohn coulde dispose of the crowne of England of himselfe without the assent and consent of the states and ordaine forfeytures thereof to forreyners and strangers And although I can easily be perswaded that the subiectes for the extreame hatred that they bare vnto their present prince The iniquitie of the Canon woulde lightly be wonne to accept of causes to be discharged of their alleageanc to their king yet can I hardly be induced to beleeue that they coulde suffer themselues their wiues and children landes and liuinges goods and country to be exposed to the sacke and spoyle of all their neighbours yea of all Christendome if they shoulde vnhappily happe to haue a wicked king And also well might they satisfie the will and intent of the counsell without any such pernicious perill of there whole state and also retaine still their ancient honour and liberty if they themselues did make choise of the Physition that should purge them if that the law of God had not vtterly forbidden thē to rebell frō their prince were he neuer so wicked and not foolishly bind themselues to take a purgation of they know not whom perhaps vnhappily of such a one 〈◊〉 ●●te likely to purge them of ill humors so extreamely that he would destroy the habit of their bodye And hereof ●o saide an example they neded not to seeke far For as the very same instant they had a very plaine proofe thereof in France where the earle of Tolowse was depriued of his earledome because he would not purge his dominions of the Albigenses and the earledome giuen by the Pope vnto Simon the Earle of Monssort For that I may omit how bloudily Monssort executed the Popes mandate being generall of the Croysy against the Albigenses in sacking the Cities murdering the men and women how he did also vnder that pretence assaulte sacke cityes that were not one whit infected with that sect and slew in one battell twentie thousand

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

worde saith hee signifieth also to gouerne It doth indeede properlie signifie to keepe sheepe as we terme it wherein wee include not onelie the feeding of them but also the care of looking to them that they take noe harme the dressing of them when they be ill and all other thinges belonging to the charge and duetie of a sheepehearde and properlie no other signification hath it but by a Metaphore to shewe with howe greate care mildenesse and lenitie kinges ought to gouerne their subiectes Homer and Plato doe often call kinges sheepeheardes of the people and so likewise the sacred scriptures In the twentith of the Actes we haue the same wordes where we reade Therefore looke vnto your selues and the whole flocke wherein the holie Ghost hath placed you Bishoppes and ouerseers in greeke poimaine the Church of God which he hath purchased him with his bloode Nowe that the Apostles or any Bishoppes had any secular power Pighius himselfe doth denie as long as the temporall princes had not receiued the Gospell so that this worde can by no meanes importe anie earthly superioritie And in this Oration Paule doth plainely declare what kinde of kingdome Christes is when hee saith to gouerne the Church of God which he purchased with his bloode for he purchased none with his bloode but t●●s spirituall kingdome for as GOD hee was possessed o● the Empyre of the whole worlde from the beginning But the place of binding and losing we haue examined alreadie and proued that it cannot be vnderstoode otherwise then Christ himselfe doth interpret it in the twenteth of Iohn whose sinnes ye shall remitte are remitted and whose sinnes yee shall retaine are retained and a receiuing into the Church and kingdome of heauen and a shutting out of it And therefore he saith whatsoeuer thou shalt binde on earth shall be bound in Heauen and not shall be bounde in earth least any man should dreame that he gaue Peter secular power ouer earthly Empires and that all the commandements and ordinances and decrees of his successors touching worldly matters should be receiued and kept throughout the whole world Neither if the Pope had any such authoritie giuen him by any generall Counsell A general counsell cannot depose Princes as I am assured he hath not for as for the canon made in the counsell of Laterane we will anone make a large seuerall treatise thereof were it good and sufficient to binde all Princes to obedience because it lieth not in the power of a generall counsell to dispose of secular matters For seeing generall counsells doe altogether consist of persons ecclesiasticall and they doe allow noe temporall prince any voice therein and that all the Byshoppes that are assembled there do sit as Byshops spirituall Lords not as temporal that they be secular subiects not soueraignes that the kingdom of the Church is a distincte kingdom as al the Catholickes say from the kingdomes of the world It is as absurd to holde that they can makes lawes touching temporalities to be obserued of all temporall Princes vnder temporall paines as if a madde man would affirme that the assembly of the three states of France may ordaine statutes for the Queenes maiesty of England hir realme and that they are bound in conscience to obserue all lawes made there For doubtlesse the temporall and the ecclesiasticall kingdomes are as seuerall kingdomes as Englande France which haue more alliance together then the other two because they are both secular both bodilie both ruled by one sword but of the other the one is spirituall the other bodily the one of the worlde the other of heauen the one swayed by the ciuill and materiall sworde ●he other by the spirituall the one slaying the soule the other the body But now I would not haue any fond man to imagine that I doe goe about to spoile the temporall prince of his high prerogatiue in ordaining of holsome lawes for the maintenance of the true faith of Christ and the sincere obseruation of all the rest of his holy commandementes the which I doe thinke him bound in conscience to doe but that I doe firmely beleeue and openly professe that by the right giuen him by God he may punish all persons both ecclesiasticall and temporall within his dominions that shall offend either in faith or manners by fine imprisonment banishment confiscation of landes and goodes attainder of blood death or finally any other temporall paines as the noble princes of this land haue alwaies vsed to doe And therefore Iustice Brian in Decimo of Henry the seauenth doth call the King a mixt person for he is saith Brian a person vnited with the priests of holy Church But I denie him the administration of gods holy sacraments and the exercise of the spirituall sworde which I doe appropriate vnto the ecclesiasticall officers Wherefore much lesse can the Byshoppes in a generall counsell giue away the crownes of their Kinges seeing according to the afore rehearsed rule of the Canon law noe man can giue that right vnto another which he hath not himselfe But if there were ordained a bodie politicke of all the Christian princes and states what they beeing assembled in a counsell generall might doe is annother question the which we will leaue to bee disputed of them that shall see this happe institution And in the meane time they must pardon vs if we doe not lightly beleeue that the Pope hath power to depose Princes seeing wee can finde no warrant therefore neither in the scriptures the auncient counsells the olde fathers the practise of the Church of God neither before Christ neither seauen hundreth years after him although there raigned many Idolatrous hereticall and wicked Princes Of the Iewish Kinges verye few were good but rather such men as GOD had streightly commaunded that they shoulde not spare if they were their Brothers or such a friende as hee looued as dearely as his owne soule but that his hand should bee first vppon him to stone him to death and yet wee doe not reade that any one of them was deposed by the high Priestes or his subiectes armed against him by them And yet were they so zealous men of their dignitie that they would in noe wise suffer the King to vsurpe ought vppon him in so much that one of them openly withstoode Ozias the King The history of king Ozias handled that woulde vnlawfully execute his office in offring incense vnto GOD neither doth the expelling of this King out of the temple by rhe Priestes because God had for his proude part stricken him with leprosie and that thereupon hee sequestred himselfe from companie and left the gouernement of matters of state vnto his sonne prooue ought against the prerogatiue of Princes The text saith 2. Coro 26.20 that they caused hastily to depart thence he was euen compelled to goe out as the English authour of the ecclesiasticall discipline doth inferre For hee was not expelled out of

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

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