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

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because he would not accept at his cōmandement Langton for Archbishoppe anone after excōmunicated Langton and the Byshoppes and the Barrons his confederates because they woulde force the King to performe the oath which his owne legate had commaunded the King to sweare at the attonement making for the restoring of the auncient lawes of the land if the lawes were vniust and it was a wronge to constraiee the King to restore them why did hee force the King to sweare the restitution of them But if they weare iust good and godly and for the publicke profitte why did he not rather assist then excommunicate them that sought to force the king to keepe his bodily oath made vnto him and them the which he had also done at his coronation yea and had made at the time of the peace with the Pope a Charter of them which also this Pope himselfe confirmed Now the case was altered Although indeede this case was of greater moment and the Pope must still pleasure his friendes First his cardinall was to be aduaunced to an Archbyshoppricke and then the king his new vassall was to be enfranchised of all othes and honesty and vpholden and maintained with both sworde● in all tyranny and villanie If any credit is to bee giuen to all the Catholicke Cronicles of that age And this I speake not for that I doe like or allow the rebellion of the Barons Lib. 9. but to shew the irreligious pertiality of the vniust peruerse passionate Pope I doe also finde in Cromerus that the Archbyshoppe of Gnesne did excommunicate Boleslaw the balde one of the Polonian Princes Duke of Legnitz for taking prisoner the byshoppe of Preslen and certain other of that Church and detaining them in prison And when that for all this he woulde not release them without ransome Pope Alexander the fourth willed the Archbyshoppe to proclame a Croly against him in Polen and the Archbyshoppe of Magdenburge annother in Germany But these excommunications for imprisoning of Prelates to proceede of partialitie is manifestly discouered by the same Cromerus who writes that not farre from the same time another Archbyshoppe of Gnesne did excommunicate Boleslawe the chast duke of the lesser Polen and interdicted the whole prouince because certaine young Gentlemen had eyther by the commission or permission of Boleslaw the chast taken and kept one moneth in honorable custodie Paule the Byshoppe of Craccow because that contrary to his calling he was wholly giuen to pleasures hunting and letchery was grieuous to his subiectes stubburne towardes his Prince neither would mende his manners for the entreatie admonishmēt of his Chapter and Prince but also tooke a Nunne out of a Nunery kept hir for his Concubine Yet was the Godly Prince forced to let loose this vngodly prelate to giue him two hundred pounde of siluer for a mendes whereas if he had giuen him his desert a halter he had preuented a daungerous and bloodie Rebellion afterwarde in reuenge hereof procured by the Bishoppe also a pitifull wasting of the country done by the Lythuanians at his traiterous instigation Hitherto ye haue heard not of one Prince deposed for Christes and the common causes but all for priuate quarels here I willingly and wittingly omitte the depriuations of Sicilian and Neapolitaine Princes and all other ouer whom the See of Rome clameth to haue Soueraignetie secular And I can finde onely foure Princes deposed for Religion The first Raimond Earle of Tolowsen Since the writing of this booke Henry king of Nauarre hath been ●●priued of his dominions by the P ●● whether because he did embrace the Religion of the Albigenses or because he did not expell them out of his dominions of certainety I know not The seconde George Pogrebrot the King of Boemia for maintaining the doctrine reuiued by Iohn Hus And the third and fourth Henry the eight and his daughter Queene Elizabeth our renowned Princes and dreade Soueraignes And although some hott headed Catholickes Romaine will perhappes praise the Popes zeale in deposing of our Princes yet must they needes all confesse that it was done smally for the weale of him his friendes here and therefore done without iudgement and discretion And that these ma●do bulles haue killed many and hurt more of the Popes friendes and fauourers but not done one halfe penny worth of harme vnto them against whome they were sent And how smally they haue bene regarded of the Popes most deuoutest children it may apparantly appeare by the leagues made by Charles the Emperour and Charles the french King with King Henry and her maiesty after they were excommunicated and depriued by the Popes and the one an euerlasting league both offensiue and defensiue to the euerlasting shame of such subiectes as haue sought to reuolt or shall wickedly beare armes against the soueraigne in that vniust quarrell But to conclude if wee doe wisely weigh the matter and carefully call to minde all the wofull warres and wastes massacres miseries and calamities that this practise of deposing of Princes hath wrought wee shall finde that the West Church hath beene more wasted and weaken●● thereby and that it hath caused the murder of moe men then all the cruel persecutions of the heathen heretickes and all the bloodie swordes of the Turkes and Saracens Thus hauing shewed that this deposing of Princes is neither authorised by the word of God nor warranted by the practise of the Iewish nor Christian Church within one thousand yeares after Christ nor then deuised or since practised The Pope cannot release subiectes of their aleagiance for the profitte and benefitte of the Christian common weale Let vs goe vnto our third propositiō that the Pope cannot loose subiects of their natural duetifull faith and obedience vnto their Princes It is the common opinion of all diuines Catholicke Romaine that the Pope can not dispense in those things which are ordained by God But this obedience to princes to be cōmāded by the law of god it is most manifest by the places which we haue afore alleaged out of the sacred Scriptures in the first proposition Wherefore as Christ saide of Marriage those whom God hath ioyned togeather let noe man separate and doth pronounce him to be an adulterer that doth put away his wife and marrieth annother vnlesse it be for fornication notwithstanding that Moses had for the hardnesse of the Iewes harts permitted them many other causes So likewise may not the Pope separate the subiectes marryed to their prince for so they are solemnely by a ring in our lande from the Prince for any other causes then such as God hath ordained and what subiecte soeuer shall for any causes put away his Prince and take annother committeth rebellion and treason And as Christ did abrogate that permission of Moses so likewise must that of the Popes be repealed and so much the rather because the Popes constitutions are not so well warranted as were Moses ordinances who receiued them
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
of the people and their Alies After he was created earle by the Pope and counsell and inuested therein by the French King and al the whole country had embraced him for their prince he cruelly cōmanded the citizens of Carcassane Towlose Narbon to dismantell their walles to fill vp their ditches This to doe saith Paulus Aemilius mine author also in the rest of this history they thought to be a wretched ●e pitifull thing yet they executed his cōmandement cursing the head of Simon they begin with their owne hands to make their country naked of hir wals they thēselues making thēselues subiect vnto all iniury Nether did that seme to be the greatest of their euils for Simon both because his purse was well emptied through the charges of the warres and also then he might throughly ●ame them being afflicted with miseries and manyfould mischiefes sendeth about collectors and coactors to leuie a mightie masse of money of the country It is strange that nature hath so ordained that euery mans priuate damages doe moue him more then the publicke sorrowe neyther can their be any sharper weapon found then that of money They which at his commandement ouerthrew their country could not endure the losse of their purse So that the warre that was saide p●●●●ched to haue bene taken in hand kept for godes cause and might haue bene ended by sparing of them that had yelde● and by dessēbling of things past was made now more hard to be ended through vnmercifull dealing Dores were broken open distresses were taken sighing shriking sorrowing weping wailing of men women were harde in euery house At length sorrow being turned into anger the olde Earle being then in hope of alteration had returned out of Spaine whither he fled after his discomfiture in battell was receiued of the Cyty of Tolouse and other Cyties there aboutes the byshoppes whom Simon had restored were driuen out againe because the multitude thought them to fauour him Then Aemilius seemeth to exclame against the wickednesse of this Canon in giuing principalities to strangers and sheweth how hurtfull it is to gods cause for the aduancement whereof it is supposed to be made thus saying Nihil in sacris bellis perinde obfuit atque mos iam exortus vt honesta proscriptione suas quisque respiciat res in ore omnium sanctū piumque versetur consilio conatu animo secus afficiantur S● de religione tantum agaetur si obliuio noxae sanciatur si sanatis mentibus fortunis hominum abstineatur omnes idem sentiant nūc de mortalium iure de comitatures est ea controuersia tollatur nulla erit armorum causa c. Nothing hath done so much hurt in the sacred warres as a custome that is now come vp that euery man doth by honest prescription regard and respect his owne that in all their mouthes is hearde holy and godly but in drift doings and in hearte they are otherwise affected If the matter be onely for religion if it be decreed that the fault be forgotten and forgiuen if when mens harts are healed their goodes be abstained from let them be all of one minde Now the matter in hande is about the right of men and about an Earledome let that controuersy be taken away and there is no cause of warres Ramond requesteth his auncient patrimony Simon holdeth fast that which he hath gotten by Armes the gifte of the counsell the benefite of the king of France These men are ●●●de●ill onely of there owne But the Pope because the matter had once before beene adiudged doth thinke it to stande with his constancie and with religion to haue the ordinances of their fathers to abide stable and his owne decrees inuiolable c. Thus the wise Barrons saw and wee also may that the warres in the Earledome of Towlose had ceased when the cause ceased that is when the Albigenses were expelled and the Catholickes Romaine restored if it had not bene for this decree of the Counsell that had adiudged the Earledome vnto Monssort which now seeing they were not contented with the reformation of the Earledome and the Earle continued manie yeares after almost to the vtter destruction of the Country and also the death of Simon who eight yeares after was in that quarrell slaine at the seige of Tolowse But there sonnes Almericke and Ramond continued theyr fathers contention When Almericke findeing himselfe to weake did three yeares after make ouer his right vnto Lewis the eight the French King for to bee created Constable of France Lewes wanne Aninion by assault yet dyed before hee could accomplish his conquest and his widdowe and regent of his young sonne followed the quarrell and at length ended it by composition that Alphonse hir younger sonne should marry with the sole doughter and heyre of the Earle and enioy his earledome after his disease this happened Anno 1235 nyneteene yeares after that all warres for religion had ended Soe greate a good had the first execution of this Canon wrought I haue dwelt the longer in the narration of this history for to shew the inconuenience of this Canon and also to set before the eyes of my Catholicke Countrimen what curtsie they and theirs are like to finde at the handes of a forreyne Catholike Prince if any should vnhappely which God of his vnmeasurable mercy forbidde and my hande shaketh to write through their wicked and pernicious treason obtaine the conquest of this kingdome But the english nobilitie that liued at the counsell at Latarane could not forget the wretched wracke and wast that a conquest bringeth and the slauery misery and the extremity and cursed calamities that the accepting of a forreine prince inferreth and enforceth who then kept wofull warres receiued from their auncesters by many discents for their auncient lawes and liberties of whom they had beene cruelly spoyled by the conqerour his successors and also deliuered them vnto their posteritys almost to the destruction of the bloud Royall well neere to the vtter ruine of their owne howses and the lamentable shipwracke of their deare country Yea and what regard the nobilitie and people of this Land had then of any decree and Canon made by the Pope touching any temporall matter it doth planely appeare by Mathew of Paris who writeth that when the Pope had sent Bulles of discharge of the Kinges oth and graunt of their auncient lawes and liberties and also excommunication against the Barrons and their adherents that did attēpt to force King Iohn to the performance of them The Barons would not obey them but all men generally and as it were with one mouth saide that the Bulles were of no moment because the ordering of laye matters did not appertaine vnto the Pope For that onely the power to dispose of Church matters was giuen by our Lord vnto Peter and his successors What meanes the insatiable couetousnesse of the Romaines to stretch out it selfe vnto vs what haue Apostolicke Byshoppes to doe with warres