Acts and Monuments Volume 1

A declaration of master William Nagareta, made against Pope Boniface the eight, with his appellation also made at Paris, afore the king and his Counsaile in the Church of Paris.

IN the name of God Amen. In the year of our Lord. 1303. Indictione secunda, the 12. day of March, and the ix. year of the Popedom, of the most holy father the L. Boniface the 8. by God's providence pope: and in the presence of us common notaries, and witnesses written under, the noble man master William Nagareta knight (a worshipful professor of the laws) standing afore the most excellent Prince the Lord Philip, by the grace of God most noble king of France: spake with lively words, and gave in writings these things that follow.

There have been false Prophets among the people: as there have been also among you false teachers. &c. S. Peter the glorious prince of the Apostles, speaking to us by the spirit, told us things to come: that likewise as there were false Prophets afore time, so there should come among you false teachers, bringing in sects of destruction: by the which the way of truth shall be defaced: and couetously they shall make merchandise of you with feigned words: and further addeth, that such masters did follow the way of Balaam, of Bosor, which loved the reward of wickedness, and had his bridled Ass to correct his madness, which speaking in a man's voice did stop the foolishness of the Prophet. All which things as they be shown to us by the greatest Patriarch himself: Your eyes see them fulfilled this day according to the letter. For there fitteth in S Peters Chair the master of lies, causing himself to be called Boniface. 1. a well doer, where he is notable in all kind of evil doing: And so both he hath taken to himself a false name, and where he is not a true ruler and master, he calleth himself the Lord, Judge, and master of all men. And coming in contrary to the common order appointed by the holy fathers, and also contrary to the rules of reason, and so not entering in at the door into the Lord's shepefold, is not a shepherd nor hierling, but rather a thief & robber. For he (the true husband of the Romish church yet living) deceived him that was delighted in simplicity, & enticed him with feigned flatterings & gifts to let him have his spouse to be his wife, let no man separate: & at length laying violent hands upon him, persuading him falsely that thing which the deceiver said to come from the holy spirit: was not ashamed to join to himself with wicked practice that holy Church, which is maistresse of all Churches, calling himself to her husband, where as he cannot be: for Celestinus the true Romish Bishop, agreed not to the said deuorce, being deceived by so great subtlety, nothing is so contrary to agreeing as error and deceit, as man's laws bear witness, that I need not to speak of his violence. But because the spirit inspireth where he will, and he that is led with the spirit, is not under the law, the holy universal Church of God, not knowing the crafts of that deceiver, stumbling and doubting whether it came from the holy ghost, that Celestinus should leave of his government, and the sins of the people deserving it, for fear of a schism, suffered the foresaid deceauer: although according to the doctrine of our Lord, by his fruits he might be known, whether he came to the said regiment by the holy ghost or otherwise: his fruits (as it is plainly here written beneath) are now manifest to all men, by which it is apparaunt to the world, that he came not in by God but other ways: and so came not in by the sheepefould. His fruits are most wicked, and his ende is death, and therefore it is necessary that so evil a tree (according to the Lord's saying) should be cut down and cast into the fire. This cannot avail to his excuse, which is said of some men, that is: that the Cardinals did agree upon him: again after the death of the said Celestinus the pope, seeing he could not be her husband, whom it is manifest that he defiled by adultery, her first husband yet living, & she being worthy to have the promise of marriage kept unto her. Therefore, because that which is done against the Lord, turneth to the wrong of all men: and specially in so great a mischief, by reason of the consequence by which she is judged of the people both a woman adultres or defamed: I like a bridle Ass by the power of the Lord, and not by the voice of a perfect mā, being not able to bear so great a burde, take in hand to rebuke the madness of the said false Prophet Balaam, which at the instance of king Balak. 1. of the Prince of devils, whom he serveth, and ready to cursie the people blessed of the Lord, I beseech you most excellent Prince, and Lord Phillip by the grace of God king of France: that like as the Angel of God in time past met in the way with a sword drawn, the prophet Balaam going to curse God's people: so you (which are unwilling to execute justice, and therefore like the Angel of the Lord, and minister of power and office) would meet with a naked sword this said wicked man: which is far worse then Balaam, that he perform not that evil which he intendeth to the people.

First, I propound that the foresaid man, that nameth himself Boniface is no Pope, but wrongfully keepeth the fear which he hath in deed to the great damage of all the souls of God's holy Church. I say also, y ^t his entering was many ways faulty, and he entered not in at the door, but otherways, and therefore is to be judged a thief & a robber.

2. I propound also, that the said Boniface is a manifest heretic, and utterly cut off from the body of the holy Church, because of many kinds of heresies, which are to be declared in convenient time and place.

3. I propound also, that the said Boniface is an horrible simoniacall, & such a one as hath not been sithens the beginning of the world: and the mischief of this sin in him is so notorious to all the world (which thing is manifest to all that will plainly understand) in so much that he being openly slaūdered, said openly that he could not commit simony.

4. I propound also, that the said Boniface being wrapped in infinite manifest heinous sins, is so hardened in thē, that he is utterly not possible to be corrected: and lying in doungeon of mischief so deep, that he may not be suffered any longer without the overthrow of the state of y ^e church. His mouth is full of cursing, his feet and steps are swift to shed blood. He utterly teareth in pieces the Churches, which he ought to cherish, wasting wickedly the goods of the poor, & making much of wicked men that give him rewards: persecuting the righteous, and among the people not gathering but scattering, bringing in new sects of destruction that have not been heard of. Blaspheming the way of truth, and by robbery thinking himself equal to y ^t Lord Jesus Christ which is blessed forever. And he being most covetous thirsteth for gold, covereth gold, & by some devise getteth gold of every people: & utterly not regardig the worshipping of God, with sayned words sometimes by flattering, sometimes by threatening, sometime by false teaching, and all to get money withal, he maketh marchādise of us all: envying all things but his own, loving no man, nourishing war, persecuting & hating the peace of his subjects. He is rooted in all unspeakable sins, contrarying and striving against all the ways & doctrines of y ^c Lord. He is truly the abomination of the people which Daniel the Lord's Prophet described.

Therefore I answer that laws, weapons, and all the elements ought to rise against him, which thus overthroweth the state of the Church: for whose sins God plagueth the whole world. And finally, nothing remaineth to him being so insatiable to satisfy him w ^t all, but only the insatiable mouth of hell, and the fire that cannot be quenched, continuing forever. Therefore, seeing that in a general council it so becometh, and I see this wicked man to be damned, which offendeth both God and all men. I ask and require, as instantly as I can, and beseech you my Lord and King aforesaid, that ye would declare to the prelates, doctors, people, & princes your brethren in Christ, & chiefly to the Cardinals and all Prelates, and call a Council. In the which (when this foresaid wicked man is condemned) by the worshipful Cardinals: the church may be provided of a shephearde, & for that Council I offer myself ready, lawfully to pursue the foresaid things. And where as the said man being in highest dignity, in the mean time cannot be suspended of his superior, therefore he ought to be taken, suspended in deed for the things aforesaid, seeing his state, is called into judgment by the means aforesaid.

I beseech and require the said Cardinals by you, and I presently require them & the church of God, that this wicked man being put in prison, the Church of Rome may be provided of a Vicar, which may minister those things that shall appertain, until the Church of God be provided of a bishop, utterly to take away all occasion of a schism. And least the said wicked man should let and hinder the prosecuting thereof, I require these things of you my Lord king aforesaid, affirming you to be bound to do this for many causes. First for faithes sake. Secondly, for your kingly dignity, to whose office it belongeth to root out such wicked men. Thirdly, for your oth sake, which ye made for the defense of the Churches of your Realm, which the foresaid rauener utterly teareth in pieces. Fourthly, because ye be the patron of the Churches, & therefore ye are not bound only to the defense of them, but to the calling for again of their goods, which the foresaid man hath wasted. Fifthly, ye following the footsteps of your auncetors, ought to deliver your mother the Romish church, from so wicked a hand, wherein by oppression she is tied bound. I require that a public instrument may be made of these requests by the notaries here present, under the witness of the worshipful men that be here present. These things were done and spoken as is aforesaid at Paris in the Kings house • of Lupara.

After this protestation of master Nagareta, immediately ensued the appeal of the king, pronounced and published against the said Boniface, in form as followeth.

The appeal made by the king and the lovers of the Realm against Boniface.

IN the name of God. Amen. In the year of our Lord 1303 Indictione prima. 13. day of June, and the 9 year of the Popedom of Boniface Pope the 8. By the tenor of this public instrument be it unto all men known that the most noble prince and Lord Philip by the grace of God, king of France, the famous and reverend fathers in Christ, Archbishops & Bishops, religious men, Abbots and Priors here vndernamed, in the presence of us common Notaries here under written, especially called and required for this purpose, as it is contained in the subscriptions here under, the famous & noble men, the Lord Louis, son of the French king Guido of S. Paul, and John Drocem Earls, and William of Plesiano Lord of Vitenob knight: Moued as they said with a fervent faith, with affection of sincere love and zeal of charity to be shown to the holy Romish church, and having pity from their heart, on their mother the universal church, which as they said is oppressed dangerously under the rule of the said Lord Boniface, and suffereth outrageous defacing and loss: and pitying the right faith (as they say) in which stands the salvation of souls, & which (alas for pity) in their times miserably pineth away, & perisheth for the lack of wholesome government of the Church through all Christendom: and earnestly taking pains, as they said, for the repairing and enhaunsing of the Catholic faith▪ specially, seeing it was necessary for the same church, for the foundation of the faith, and health of the souls, that none should rule the fold of the Lord's flock, but the true and lawful shepherd: and also because the same Church was the spouse of Christ that hath no spot nor wrinkle, all error, offense, wickedness & wrong should be put away, and salvation, peace and quietness through God's mercy might be procured to the whole world, which they say lieth in wars and darkness by the wicked deeds, cursed works, and hurtful examples of the said Boniface: They said and laid against the said Boniface, heresy, and other diverse horrible & cursed faults, wherein they affirmed him to be tangled, and commonly and notoriously reported, the king himself being present, with Archbishops, Bishops and other Prelates and Churchmen (which were assembled for to entreat of their own matters, and matters of their Churches) beside Barons, Earls, and other noble men, whose names are under written.

The said William propounded & objected against him, swearing by the holy Gospel of God which he corporally touched, that he could prove all and every the premisses to be true. And the said William of Plesiano sware further this oath, that he believed he could prove the premisses, and that he would pursue to the full ende against the said Boniface in the general Council, where, when, and afore whomsoever of right it ought to be done: requiring earnestly the said Lord king as a champion of the faith, and defender of the Church: that for declaring of this truth to the praise of God's name, to the increase & promoting of the Catholic faith, to the honor and wealth of the universal Church and of all Christian people, and the congregation of the said general council: that he would help and bestow his profitable labor, with soldiers and other like, for the love of men, and zeal to justice (because his kingly house was ever a ruler of the truth) and that he would earnestly require the Archbishops, Bishops, & other Prelates, and that he would be effectually instant with them. The Earls & knights themselves besought earnestly many of the same prelates (as they were pillars of the Church & the faith) that they would help and effectually bestow their labor to the calling, and assembling of the said council, by all ways and means lawful according to the ordinances of the holy fathers and decrees of the canons. But when the prelates heard & fully understood such objections, oppositions, and requests, as is aforesaid: and considered that such a matter not only was most hard, but needed wise counsel, they departed out of the same place. But on the Friday next following i. the 14. day of the same month of June, the foresaid Lord king being present, and also the Lord's, Archbishops, Bishops, Abbots, Priors, and many witnesses here under written the same time being present, and in the presence of us common Notaries here subscribed, and being specially called and required for this purpose: the foresaid William of Plesiano Knight said, propounded, affirmed, objected and read, as was contained more fully in a certain paper which he held in his hand, whose tenor was after this sort.

I William of Plesiano Knight, say, propound, and affirm, that Boniface which now ruleth the Apostolical sea is a rank heretic in heresies, and by heresies, outrageous deeds, and wicked doctrines hereafter to be declared, which things to be true, I believe I am able to prove: or else, such things as these shall be sufficient to prove him a full heretic, in a convenient place & time, and afore whom of right this can or ought to be done. This thing I swear on the holy Gospel of God presently touched of me.

First, that he believeth not the immortality of men and of christen souls, but thinking much like as the Saducies did believe, that there is no everlasting life, and y ^c men cannot get at the length joy, but all the lot and part of comfort and gladness to be in this world: and by this means he affirmeth, that it is no sin for the body to live daintely in all dainties. And out of the abundance of this leaven, he was not ashamed to say and openlie to confess, that he had rather be an asse or a dog or any other brute beast, rather than a Frenchman, which thing he would not have said, if he believed a Frenchmā had a soul that could enjoy everlasting life. This thing he taught many men, which knowledged this at the point of death, and the common report goeth on him thus in these things.

2. Also, he believeth not faithfully, that by the words ordained of Christ & spoken over the host, after the fashion of the Church by a faithful priest that is lawfully ordered, the body of Christ to be there: and therefore it cometh to pass, that he geneth no reverence to it (no not a little) when it is lifted up of the priest, yea he rises not to it, but turneth his back to it, and makes himself & his seat to be honored where he sitteth, rather then the altare where the host is consecrate: and he is commonly reported to do this.

3. Also, he is reported to say that whoredom is no sin, no more than rubbing of the hands together, & thus commonly runs the voice and brute.

4. Also, he said often, that to thrust down the King and Frenchmen (if it could not be otherways done) he would overthrow himself the whole world, & the whole Church. And when he had said so, some y ^t stood by said, God forbid, he answered God grant. And when good men that heard the words replied against him, that he should not say so, because the church of God & all Christian men should suffer great slander so: he answered, I care not what slanders soever come, so that the Frenchmen and their pride be destroyed: for it is necessary that slanders & offenses come.

5. Item, he called again & allowed a book made by M. Arnold of Newton, containing and smelling of heresy, condemned by the Bishop of Paris and reproved by the masters of divinity, and burned openly by Boniface himself: and in the full consistory of Cardinals being likewise reproved, condemned, and burned, yet he allowed it being written again, and containing the same fault.

6. Item, that he might make the most damnable remembrance of him perpetual, he caused his Images of silver to be set in the Church, by this means bringing men to Idolatry.

7. Item, he hath a private devil, whose counsel he useth in all things and through all things.

8. Item, he said once that if all men were on one side, and he on another, they could not deceive him neither in law nor in deed, which thing could not be done except he used a devilish ar • : and of this he is openly thus reported.

9. Item, he is a witch, asking counsel at soothsayers both men and women, and thus he is commonly judged.

10. Item, he said openly that the Romish pope could not commit simony, which is heretical to say. This is a sin reproved as well in the Old Testament, as in the new, and generally in the holy Councils. Also he is wont to make marchaundise of prelates livings, dignities, superiorities, and benefices, to the which holy orders be necessarely joined: and of absolutions and dispensations, like as userers and merchaunts use to buy and sell common things in the market, and of this the common brute reports him.

11. Item, he letteth with all his might among Christian men the special Embassade of Christ, made to his own sons, saying: Peace I leave to you, & soweth discord and wars: Wherefore ones it was said afore him, that certain parties would friendly agree after a good sort, but he letted the peace: and when the other parte did humbly beseech him, that he would give license to agree (he said) he would not: Yea if the son of God or Peter the Apostle would come down into the earth and command him: he would say, I will not believe thee.

12. Item, because the French nation (being manifestly a most Christian nation) followeth not his errors in the faith: he reckoneth and openly calleth all and every of them, Paterniani.

13. Item, he is infect with sodomiticall sin, keeping with him boys for cōcubines, and of this fault he is most commonly and openly reported.

14. Item, he hath caused many murders of Clerks to be done in his presence, & commending it rejoicing at their death: and if they were not deadly wounded at the first by his servant • , as oft as he law them smiting, he said smite, smite: by which example many were slain.

15. Item, when he had condemned a certain noble man, he forbad the Sacrament to be given him at the point of death, desiring it and being penitent: saying, that the Sacrament of penance was not necessary to salvation.

16. Item, he compelled certain Priests to show unto him the confessions of men, and he published them openly afterward contrary to the will of them, that were confessed to their shame & confusion, and compelled them to redeem their sins. In so much that ones he deposed a certain bishop of Spain, for the faults that he confessed to a certain Cardinal, confessing unto him a certain privy horrible fault under Benedicite, and compelled the Cardinal against his will to declare his confession: and yet afterward he restored the same Bishop again to his place for a little money. Wherefore he is thought to play the heretic in the Sacrament of penance.

15. Item, he fasteth not on the fasting days, nor Lent, but eateth flesh indifferently, & without cause suffereth his household and friends to eat, saying it is no sin. Doing in this thing against the general state of the holy church.

16. Item, he oppressed the order of the Cardinals, and hath oppressed the order of black & white monks, of gray Friers & preachers: and said oft, that the world was destroyed by them, & that they were false hypocrites, and that never good could chance to any that would be confessed to them, or would be familiar with them, or would keep them in their house, and he never said good word of any prelate, religious man, or clark: but ever rebuketh and slaūdereth them, taking away their good name, and to compel them to redeem their faults, he is glad of their accusations: and this is the common voice and report of him.

17. Item, of old time he going about to destroy the faith, conceived a hate against the French king, even to the abhorring of the faith: because of the light of faith which is there, and because of the great witness and example of christianity, is & hath ben there. And before he had this seat he is proved to have said, y ^t if he were Pope: he would rather overthrow all christendom, but he would overthrow and destroy the nation, which he calleth the pride of French.

18. Also he is reported, that when the Ambassadors of the king of England, in the name of the said king did require and entreat for the tenth of the realm of England to be given him: he answered, that he would not give them the tenth, but on this condition, that he would make war with them against the French king. And beside this, he is reported to have given great sommes of money to certain persons, to hinder that peace should not be betwixt the said kings. He himself also withal his might hath letted it, by messengers, letters, and otherways that he could, yea by giving bribes.

19. Item, he is reported also to have commanded Fridericke which keepeth the I will of Cicil, that if he would betray Charles the king and break the peace which he made, and swear that he would keep with him, and would stir against the king, and kill the Frenchmen: that then he would give him aide, help, and counsel, & for so doing he would give and grant him the said kingdoms.

20. He confirmed also the king of Almaine to be Emperor, and said openly that he did it to destroy the nation, which he calleth the pride of the French men: which say, that they are subject to none in temporal things. Wherein saith he, they lied on their heds, declaring moreover, that whosoever (yea if it were an Angel from heaven) would say that all kings of the world were not subject to the same king of Almaine, he were accursed.

21. Further, he brake the agreements of peace betwixt the king of Alamine and the French king: in which, either of them should have their own saved. And what encrochings so ever had been on either side, should be brought to a due state, and under an oath orderly given and taken: he is reported to have commanded the same king of Almaine, that he should not keep these conditions of peace, but be an enemy and go about to sow debate among christen men.

22. Itē, he is openly reported, that the holy land was betrayed through his fault, and came to the enemies of God and of faith: and that he suffered this for the noust, & denied to give aide to the Christians which defended it: spending the treasures and money of the church, (which should have been bestowed on that use as the patrimony of Christ) in persecuting of faithful Christians and friends of the church, and therewith would enrich his friends.

23. Item, he is openly reported to use simony, not only in bestowing of benefices, but in giving of orders, & making dispensations. He hath set to sale all benefices of the church, and would bestow the church commonly on him y ^t would offer most: and he made his servants Prelates of the Church, not for wealth of the faith, nor to thrust down infidels, but to oppress the faithful, and to enriche his kindred by the church goods and of the patrimony of him that was crucified: and presumed to make them Marquesses, Erls, and Barons, and was not afraid to build them strong holds, rooting out & oppressing many noble men & other.

24. Item, it is commonly reported, that he hath deuorced many marriages lawfully made, to the contempt, hurt, and slander of many: and he did promote his nephew to a cardinalship, being married, unlearned, and all together unworthy to live: and openly married one that was divorced & compelled him to make a vow of chastity: and after that he is reported to have had two bastards by her, and so goeth the common brute of him.

25. Item, he is commonly reported, that he handled vngently his predecessor Celestinus of holy memory, leading a holy life (peradventure knowing in conscience that he could not forsake his Popedom, & therefore Boniface himself had no lawful entrance to the sea) and prisoned him, & there quickly and privily caused him to die. And of this the common brute and report is through at the world, that he caused many and great learned mē living a regular life (which disputed of this, whether he might renounce the Popedom or not) to be set in prison and there to die.

26. Itē, he is reported to have railed at religious persons leading a regular life without a reasonable cause to the world, to the slander of many.

27. Item, he is rep • rted to have said that he would within short time make all the Frenchmen either Martyrs or forsakers of their faith.

28. Item, he is commonly reported, that he seeketh not the health of the souls, but the destruction of them.

These things being propounded and red, the same William protested, said, declared, appealed, and added these words, reading them in writing.

When these things were thus red and done, the foresaid king answered and required the foresaid Prelates, provoking and appealing and making request, provocation and appellation, as is contained in the paper vnderwrytten, both there and then with other Prelates: which things all are more fully contained in these writings following, and were red to them that heard it, whose tenor is such.

We Philip by the grace of God, hearing and understanding the objections propounded by our beloved faithful knight, W. of Nagareta, against Boniface now having the regiment of the Romish Church: although we would gladly cover with our own cloke, the filthy partes of such a father: yet for the love of the Catholic faith and great devotion that we bear to the holy Romish and universal Church our mother, and all faithful men and spouse of Christ, following the steppes of our ancestors, which doubted not to shed their own blood for the increase and defense of the Churches liberty and the faith: and coveting to provide for the purity of faith and the state of the Church, as also to avoid the hurt of the general slander, being not able to pass over any longer the premisses with wincking and dissembling, and my conscience driving to the same, seeing this estimate & opinion of him in these matters, is not rashly of us conceived, but vehemently and plainly increased by many and continual cryings of credible men, and great authority oft and oftentimes beaten unto us, fearing moreover the destruction of the faith, both of us and of all other subjects, and specially of kings and princes of the world, which ought to reprove negligence, which acknowledge that we have received power given us from the Lord, to the promoting and increasement of it, we agree to your requests in this behalf; and to the calling and assembling a council for the glory of God (saving the honor and reverence that is due to the holy Romish church in all things) whereby the truth may appear in the premisses and all error avoided: that the state of the universal Church and all Christianity and the matters of faith, and the holy land may be provided for, & the slaūders & ieoperdies hanging over us may be withstanded: we be ready & offer our selves gladly, as much as in us is, to bestow our labor and diligent pain therabouts. Earnestly requiring and beseeching in the merciful bowels of Jesus Christ, you Archbishops and other Prelates here present, as children of the Church and pillars of faith, called of the Lord to the promoting, increase and preserving thereof, to care for the same: that with all diligence ye would give heed, as becometh you, and effectually you would labor by all ways and fit means, to the calling and assembling of this council, in which we intend to be personally present. And left the said Boniface, which hath boldly and wrongfully many times threatened to proceed against us, stopping and hindering our purposes and intent: •• ast any of his works of darkness (if there be any) should come to light, directly or indirectly hindering the calling and gathering of this council: or least any state being in the same realm that will in deed proceed against us, or our state, churches, Prelates, Barons, & other faithful vassals, our subjects, our lands, or our realm, and the state of the realm: by abusing any spiritual sword, in excommunicating, suspending, or otherwais by any means for us and our welwillers, and them that will follow us: we provoke & appeal in writing to the foresaid general council (which we instantly desire to be called) and to one law • ull chief Bishop that shall be, or to any other to whom we should appeal: and yet not going from the appellation made by M. William of Nagareta, to whom we sticked then, and also yet stick: requiring earnestly, a witness of our appellation of you Prelates & Notaries, expressedly to renew such provocation and appellation when and afore whom it shall be thought meet to you.

Then the Archbishops within written, bishops, Abbots, and Priors, answered the premisses (as it is found in the acts) provoked and appealed, agreed to, and protested, and made provocation, and appellation, agreement, and protestation, as is contained more fully in a certain paper there openly and plainly red, whose tenor followeth with these words.

This was done at Paris at Lupara in the chamber of the said Lord our king. Indictione prima, the 9. year of his popedom, the days of thursday and friday aforesaid these noble men being present, the Lord's of Auia and Bolone, the Lord's Martins and other Earls named afore, Matthew Dotera, Peter the Lord chamberlane, Phillip the Lord of Wirtmos, and Henry of Bolone knight, and also M. Philip Archdeacon of Bengem, Nicholas archdeacon of Remem, William treasurer of Anioy, Philip Beaspere. Rainolde of Bourbon and John Montagre, and many mo both clearkes and other specially required and called to be witness to this.

After these things thus in the Parliament decreed and agreed, the Prelates of the clergy consulting with themselves what was to be done in so doutfull a matter: and dreading the Popes displeasure, for this which was done already, to clear thenselves in the matter contrived among themselves a letter to the Pope partly to certify him, what there was done, and partly also to abmonish him what he should do: the tenor of which their letter contained these words following.

These things thus discoursed and done, then followed the year of our Lord 1304. In the which year about the nativity of our lady, came a garrison of harnessed soldiers well appointed, sent partly by y ^e French king, partly by the Cardinals of Columpua, whom the Pope before had deposed, unto the gates of Anragū, where the Pope did hide himself, because he was borne in the town. The captains of which army was one Shaira, brother to the foresaid Cardinals: And another William de Longarero, high steward to y ^e French king. Who invading the popes town, and finding the gates open, gave assault to the popes frontire: where the Pope with his nephew a Marques, and 3. other Cardinals were immured. The towns men seeing all their intent & strength to be bent against the Pope: caused the common bel to be rong, & so assembling themselves in a common counsel, ordained Adulphus one of the chiefest rulers of the town for their captain, who (unknowing to them) was a great adversary to the Pope. This Adulphus bringing w ^t him Reginaldus de Supine a great lord in Campania, & the 2. sons of John Chitan a noble mā, whose father the pope had then in prison: at length joined him w ^t the French company against the Pope, and so beset his palace on every side. And first, setting vpō the palacies of the 3. Cardinals which were then chief about the pope, rifled & spoiled all their goods. The Cardinals by a backedoore hardly avoided their hands: but the Popes palace, through munition & strength of the Marques was something better defended. At length, the Pope perceiving him self not able to make his party good, desired truce with Schaira & his company, which was to him granted, from one til nine. During which time of truce, the Pope privily sendeth to the townesmen of Aruagium, desiring them to save his life: which if they would do, he promised so to enrich them, that they should all have cause never to forget or repent their benefit bestowed. To this they made answer again, excusing themselves, y ^• it lay not in their hability to do him any good, for that y ^e whole power of the town was with the captain. Then the Pope all destitute & desolate, sendeth unto Schaira, beseeching him to draw out in articles, wherein he had wronged him, and he would make him amends to the uttermost. Shaira to this maketh a plain answer, signifying to him again: that he should in no wise escape w ^t his life, except upon these 3. conditions. First to restore again the 2. Cardinals of Columpna his brethren whom he had before deprived, with all other of their stock and kindred: secondly, that after their restitution, he should renounce his papacy, thirdly, his body to remain in his power & custody. These articles seemed to y ^e pope so hard, that in no case he would agree unto them: wherefore the time of truce expired, the captains & soldiors in all forceable means bending themselves against the bishop, first fired the gates of the palace, whereby the army having a full entrance, fell to rifle & spoil the house. The Marques upon hope to have his life, & the life of his children, yealdeth him to the hands of Schaira & the other captain: which when the Pope heard, he wept and made great lamentation. After this through windows and doors, at length w ^t much a do they brast into the pope, whom they entreated with words & threats accordingly. Vpō this he was put to his choice, whether he would presently leave his life, or give over his Papacie. But that he denied stiffly to do, to die for it: saying to them in his vulgar tongue. Eccle col, eccle cape. That is, lo here my neck, lo here my head: protesting, that he would never while he lived renounce his Popedom. Then Schaira went about, and was ready to slay him, but by certain that were about him he was staide: whereby it happened that the pope received no harm, although diverse of his ministers and servants were slain. The soldiers which ranged in the mean time through all the corners of the Popes house, did lade themselves with such treasure of gold, silver, plate, and ornaments: that the words of my autor (whom I follow) do thus express it. Quod omnes reges mundi non possent tantum de thesauro reddere infia vnum annum, quantum fuit de papali palatio asportatum, & de palatijs trium Cardinalium, & Marchionis. That is, that all the kings of the earth together were not able to disburse so much out of their treasury in a whole year: as then was taken & carried out of the popes palace, and of the palace of the three Cardinals, and the Marques. Thus Boniface bereued of all his goods, remained in their custody 3. days. Duryng the which space, they had set him on a wild and unbroken colte, his fate turned to the horse tail, causing the horse to run and course, while the Pope was almost breathless. Moreover, they kept him so without meat, that he was thereby near famished to death. After the 3. day: the Aruagians and people of the town mustering themselves together (to the number of x. M.) secretly brast into the house where the Pope was kept, and so slaying the kepers, delivered the Pope by strong hand. Who then being brought into the middle of the town, gave thanks with weeping tears to the people for his life saved: promising moreover, that for so much as he was out of all his goods, having neither bread nor drink to put in his mouth, gods blessing and his, to all them, that now would relieve him with any thing, either to eat or drink. And here now to see what poverty and affliction can work in a man. The Pope before, in all his pomp & most ruffling wealth was never so proud, but now was as humble & lowly: that every poor simple man (as mine author testifieth) might have a bold and free access to his person. To make the story short, the Pope in that great distress of famine was not so greedy of their vitails, as they were greedy of his blessing. Whereupon, the women & people of the town came so thick, some w ^t bread, some with wine, some with water, some w ^t meat, some with one thing, some with another: that the Popes chamber was too little to receive the offering, in so much that when there lacked cups to receive the wine, they poured it down on y ^t chamber flour, not regarding the loss of wine, to win the popes holy blessing. Thus Pope Boniface being refreshed by the town of Aruagum, took his journey from thence accompanied w ^t a great multitude of harnessed soldiors to Rome: where he shortly upon the same, partly for fear which he was in, partly for famine, partly for sorrow of so inestimable treasure lost, died. After whom succeeded Benedictus the 11. of whom these verses are written. A re nomen habe, benedic, benefac, benedicte. Aut rem peruerte maledic, malefac, maledicte. &c. And thus have ye the whole story of Pope Boniface the 8. author of the Decretalles. Which story I thought the more diligently to set forth, that all the Latin Church might see, what an author he was, whose laws and decretals so devoutly they follow.

Now after the long debating of this matter between the French king and pope Boniface, let us proceed in our English story. About this time, in the days of king Edward, the Church of Rome began daily more and more to rise up and swell so high in pride and worldly dominion: that no king almost in his own country could do anything, but as pleased the Pope: who both had and ruled all, in all countries, but chiefly here in England: as partly by his intolerable tallage and pillage before signified may appear, partly by his injunctions and commandments sent down, also by his donations and reservations of benefices and church livings: also in deposing and disposing such as him listed, in place and office to bear rule. In so much, that when the king and the church of Cant. in their election had chosen one Robert Burnell bishop of Bathe, to be Archbishop of Canterbury: Pope Boniface of his own singular presumptuous authority, ruling the matter after his pleasure, frustrated their election, and thrust in another named John Pecham. For among all other, this hath always been one practice of the court of Rome: ever to have the Archbyshop of their own setting, or such one as they might be sure of on their side, to weigh against the K. and other, whatsoever need should happen. To this John Peckham, Pope Boniface directed down a solemn Bul from Rome, as also unto all other quarters of the universal church. In the which Bul was contained & decreed, directly against the rule of Scripture and Christian obedience: that no church, nor ecclesiastical person should henceforth yield to his king or temporal Magistrate, either any giving or lending, or promising of tribute or subsidy, or portion whatsoever, of the goods and possessions to him belonging: but should be clearly exempted and discharged from all such subjection of tallage or subuention to be exacted of them in the behoove of the Prince and his affairs. Which decree manifestly rebelleth against the commanded ordinance of God, and the Apostolical canon of S. Peter and all other examples of holy Scripture. For as there is no word in the Scripture that excludeth spiritual men more then temporal from obedience and subiectiō of princes: so if it chance the Prince in his exacting to be too rigorous or cruel in oppression: that is no cause for the clergy to be exempted: but to bear the common burden of obedience, and to pray to God to turn and move the Princes mind, and so (with prayer & patience, not with pride and disobedience) to help & amend that which is amiss. Concerning the Bull of Boniface, if any there be that either do not credit the same, so to contain, or would for his mind see and read the same, the words thereof here follow.

This Bull being directed (as is said) from Rome to the Archbishop of Canterbury, and likewise thorough the whole universal Church, under the Popes authority: It chanced not long after, the king held his Parliament at S. Edmunds bury, where was granted to him of all cities and boroughs an right, and of the commons a • welf of their goods. Only the Clergy by virtue of this Bull, stood stout: denying to pay anything to the king. Thys answer not well pleasing the king, he willeth them to deliberate better with themselves upon the matter: and after long advisement so to give him answer thereof against the next Parliament, which should be holden the next Hillary term at London.

In conclusion, the Parliament came: the Clergy persisteth still in denial of their subsidy, alleging the popes bul for their warrant and discharge. Wherupon the king likewise secludeth them from under his protection & sa • egard of his laws. And as concerning the Archb. of Cant. above mentioned, because he was found more stubborn then the rest, and was the inciter to the other: he ceased upon all his goods, & caused an inuentorie of the same to be enrolled in the exchequer. Notwithstanding, diverse of the other bishops relented soon after to the king, and cōtributed the fifth of their goods unto him, and were received again to favor.

In the life of this kings father, it was declared before how the said king Henry the third, father to this king, after diverse wars and commotions had with his barons, had granted certain liberties and freedoms written and contained in Magna charta, and in Charta de foresta. Concerning which matter, much business happened in this kings days also in the realm, between the king & his Barons and commons. The occasion was this. A pack of wool which before paid but a mark to the king, was now by this king raised up to xl.s. After this the King having a journey to make unto Flanders, sent to his Barons and diverse other, to give their attendaunce and service in the same, which they refused and denied to do. Notwithstanding (the king persisting in his purpose) with such a power as he had, prepareth toward his journey. To whom being in his way at Winchelsey, the foresaid Erles and Barons and commons sent certain petitions contained in writing under the name of the Archbishops, Bishops, abbots and Priors, Erles and Barons, with the commonality of y ^e realm. In which writing first lamenting and complaining of their afflicted state and misery, after humble manner they desired their Lord the king to redress and amend certain grievances among them. And first declared in the name of the whole commons, that the premonition or writs directed to them for their attendaunce upon his grace into Flaunders, was not sufficient: for that there was no certain place in the said writs specified unto them whether to come for making their provision, and preparing money & other things according to the same. And if the place had been to thē signified, yet because none of their aūcesters ever served the king over into Flaūders before, the commons therefore thought themselves not bound to any service in y ^t country. And albeit they had been so bound thereunto, yet they were not able to do it, being so heauyly oppressed w ^t so many tallages, taxes, tolles, customs, & prices of corn Ores, Tinne, Wood, Lether, Oxen, Ryne, Flesh Fish. &c. And besides all this, having no penny of wages givē them to relieve their charges: Ouer and besides the lack of the kings wages not paid them, their own poverty like an heavy burden did so miserably lie upon them, that some of them had no sustentatiō, some of them were not able to till their own ground. The alleged moreover, that they were not now handled after the old laws and customs of the land, as their ancestors were wont. Many also found thenselves grieved in that they were not used according to the Articles contained in Charta magna, nor again that the Charta de foresta, was not observed nor kept as was wont to be. Wherefore, most humbly they beseeched the king both for his own honor and for the wealth of his people, that of these things they might find redress. For the custom moreover of wool, the whole commons bewailed to the king their grief: in that for every pack of wool was sined to the king xl. • . and for every sack of tosed wool, 7. marks. The which wool of England, as it doth rise up to the value of half the realm: so the tollage of the same surmounteth to the fifth part of the valuatiō of the whole land. And because therefore the commons wished the honor & preseruatiō of their king (as they were bound to do) they thought it not good for his grace to sail over to Flaūders, unless he had better assurance of their fidelity, especially at this time the Scots being so busy: Who if they began to rebel he being at home in his land, much more were they like to stir, he being abroad out of the land. And that not only for the Scots: but also for that the like peril was to be doubted of other foreign nations and kingdoms, which as yet were in no firm peace with England. &c.

To these petitions, the king said that he could as yet make no resolute answer, for that his counsel, some was gone over already to Flaunders, some were yet at Londō. Notwithstanding, at his return again from Flaunders (which he trusted should be speedily) they should thē hear his answer and know more of his mind concerning the same. In the mean time this he required of them, to keep good rule at home while he was forth. What answer the king had minded to make them at his return, it is uncertain, which peradventure had turned to a bloody answer: but occasion served otherwise, and turned all to agreement. For the Scots with their captain William Waleys above specified, in the time the king being absent, invaded the Realm with such violence: that Prince Edward the kings son, who was left to rule in his fathers stead, was forced to assemble a Parliament, and to call for the Earl of Hereford, the Earl of Norfolk, high Marshall of England, Earl of Essex high Constable, with other Earls, Barons, Knightes, and Esquirs, to entreat peace and concord between his father and them. Who coming up to London with 1500. Well armed soldiers, and obtaining the gates of the City with their own men, fell at length to agreement with the Prince, upon composition to have the Articles of magna Charta and of Charta de foresta, confirmed, and that by his means & mediation they might be assured of the kings displeasure to be removed from thē. The which forsayd articles of Magna Charta with y ^e other articles adjoined withal, here follow under written.

Besides these articles also in the same compositiō was contained: that all grudge and displeasure between y ^e king and the Barons for not going to Flaunders ceasing: the Earls and Barons might be assured to be received again into the kings favor.

These things thus agreed upon, and by mediation of the Prince also confirmed and sealed with the kings seal his father: so was all the variance pacified, to the great comfort of the people, and no less strength of the Realm against their enemies: And most chiefly to the commondation of the gentle and wise nature of the king: Who as he was gentle in promising his reconcilement with his subjects, so no less constant was he in keeping that which he had promised.

After the death of John Peckham Archb. of Canterbury above mentioned, who in the Parliament had resisted the king in the right of certain liberties perteing to the crown, touching patronages and such Church matters: succeeded Robert Winchelsei, w ^t whom also the king had like variance: and accused him to the Pope for breaking the peace, and took part with them that rebelled against the king about usages and liberties of the Realm. Wherefore, the king being cited up to the court of Rome, was there suspended, by y ^e means of the said Archb. directed his letters again to the Pope taken out of y ^e parliament rolles where I find diverse letters of the king to P. Clement against the said Robert Archbishop of Canterbury the contents whereof here followeth videlicet qualiter idem. And as this king was troubled in his time with both the Archbishoppes, John Peckham, and also Rober Winchelsey, so it happened to all other kings for the most part, from the time of Lancfrancus (that is from Pope Hildebrand) that every king in his time had some business or other with that see. As William Rufus, and Henry the first were troubled with Anselmus: Henry the second with Thomas Becket: King Richard and all England, with William Bishop of Eli the Popes Legate: King John with Stephē Langthon: King Henry the third with Edmund Archbishop, called S. Edmund. Polic. lib. 7. Likewise this king Edward the first, with John Peckham & Robert Winchelsey aforesaid. And so other kings after him, with some Prelate or other: whereby ye have to understand, how & about what time the church of Rome, which before time was subject to kings and Princes, began first to take head above, and against kings and rulers, and so have kept it ever since.

By this John Peckam afore mentioned, was ordained: that no spiritual minister should have any mo benefices then one, which also was decreed by the constitutions of Octo and Octobonus, the popes Legates the same time in England.

About the beginning of this kings reign, after the decease of of Walter Archbishop of York: William Wicewanger succeeding in that sea, minding to go on visitatiō: came to Duresme to visit the Church and Chapter there. But the clergy and the people of the City, shoot the gates against him, and kept him out, whereupon rose no small disturbance. The Archb. let fly his curse of excommunicatiō and interdiction against them. The Bishop of Duresme again with his clergy, despised all his cursinges, grounding themselves upon the constitution of Innocentius y ^e fourth, De censibus & ex actionibus. And so they appealed to Rome, saying: that he ought not to be received there, before he had first begun to visit his own Chapter & diocese, which he had not done. For to say the words of the constitutions: We ordain and decree that every Archbishop, that will visit his province, first must procure to visit his own Church, City, and Dioces. &c.

Among other things in this king to be noted, that is not to be passed over: that where complaint was made to him of his officers, as Justices, Mayors, Sheriffs, Bailiffs, Excheters, and such other: who in their offices abusing themselves, extortioned and oppressed the kings liege people, otherwise then was according to the right & conscience: the said king not suffering such misorder to be unpunished, did appoint certain officers or inquisitors to the number of 12. which inquisitiō was called Traibastō, or Trailbastoun: by mean of which inquisition, diners false officers were accused, & such as were offenders were either removed from their place, or forced to buy again their office at the kings hand: to their no small loss, and great gain to the king, and much profit to the common wealth.

In the Chronicle of Robert Amesbury it is recorded of the said king, that he being at Amesbury to see his mother (who was then in that monastery professed) there was a certain man that feigned himself blind a long time, brought to the presence of the said Alinore the kings mother: saying, how that he had his sight again restored at y ^• tomb of king Henry her late husband, in so much that she was easily persuaded in the miracle to be very true. But king Edward her son, knowing the man a long time to be a vile dissembler, and a wicked persō, used to lying and crafty deceiving: dissuaded his mother not to give credit to the vile vagabon, declaring that he knew so well of the justice of his father, that if he were alive, he would twice rather pluck out both his eyes: then once restore him one, Notwithstanding, the Queen the mother remaining still in the former fond persuasion, would hear or believe nothing to the contrary, but was so in anger with her son, that she bid him depart his chamber, and so he did. By the example whereof may easily be conceived, how and after what sort these blind miracles in those days and since have come up among the blind & superstitious people. For had not the king here been wiser thā the mother, no doubt but this would have been roong a miracle, & percase king Henry been made a Saint.

But as this was feigned a miracle and false no doubt so in the same author we read of another manner of miracle, sounding more near the truth, and so much the more likely, for that it served to the conversion unto Christian faith: to which use properly, all true miracles do appertain. The miracle was this. In the reign of this king, and the latter yere of his reign, Cassanus king of y ^e Tartarians (of whom cometh these whom now we call Turks) which fighting against the Souldan king of the Saracens, in the plain of Damascus, slew of them 100000. of Saracens: and again at Babylon fighting with the said Souldain: slew him in the field, & 200000. of his Saracens, calling upon the help of Christ, and thereupon became Christiā. This Cassanus I say, had a brother a Pagan, who being in love with the daughter of the king of Armenia a Christian woman, desired of her father to marry with her. Whereunto the king her father would not agree, unless he promised to be a Christian. Notwithstanding, the other being stronger in power and threatening to get her by war: the king at length was forced to agree. In conclusion, it happened that the child being borne betwixt them was ouergrowen & all rough with hair, like the skin of a Bear. Which child being brought to the father, he commanded it to be thrown in the fire & burned. But the mother desiring first to have the child baptized, caused all things thereunto to be prepared. The infant being 3. times in water plunged, after the Sacrament of holy baptism received: incontinent was altered and turned from all his hairy roughness, and seen as fair and smooth skinned, as any other. The which thing after the Father saw and beheld, was Christened himself and all his house. &c.

In the reign of this king, Walter Merton Bishop of Rochester, built Merton college in Oxford. In whose reign also lived, Henricus de Gaudano, Arnoldus de villa noua, Dantes, and other mo. And Scotus called Duns. Who in his 4. book of Sent Dist. 18. complaineth of the abuse of excommunication & of the Popes keys. Whereas before, excommunication was not used, but upon great and just causes, & therefore was feared: now saith he, it is brought forth for every trifling matter, as for not paying y ^• Priests wages. &c. & therefore saith he, it groweth in contempt. Under the same king about the beginning of his raygn, was the year so hot and so dry: that from the month of May until the month nere of Septēber fell no rayn, in so much that many died for heat, & the vulgar people in their reckoning of years, did count the time from the said dry year long after.

After P. Benedictus above mentioned, succeeded Pope Clement the 5. who translated the Popes court to Avigno in France, where it remained the term of 74. years after. At the coronation of this Clement, was present Philip king of France. Charles his son and Duke John Duke of Britany, with a great number of other men of state and Nobility. At which coronation they being in the middle of the pomp or processiō, a great wall brake down and fell upon thē: by the fall whereof, Duke John with 12. other were slain, king Philip hurt & wounded, the Pope stricken from his horse, & lost out from his mitre upon his head a Carbuncle, esteemed to the value of 6000. florence Plat. de vit. Pont. By this Clement was ordained, that y ^e Emperor, though he might be called king of the Romans before, yet he might not enjoy the title & right of the Emperor, before he was by him confirmed. And that the Emperors seat being vacant, the Pope should reign as Emperor, till a new Emperor was chosē. By him the orders of the Tēplaries (who at that time were too abhominable) was put down at the Counsel of Uienne, as hereafter (Christ willing) shall be declared. He also ordained and confirmed the feast of Corpus Christi, assigning indulgences to such as heard the service thereof. And as pope Boniface afore heaped up the book of Decretals. called Sextus Decretalium, so this Clement compiled the 7. book of the decretals, called of the same Clement the Clementines. In y ^e time of this Pope Hēricus the 6. of that name Emperor. was poisoned in receiving the Sacrament by a false dissembling Monk called Bernard, that feigned himself to be his familiar friend, which was thought to be done not without the consent of the Popes legate. The Emperor perceiving himself poisoned, warned him to flee & escape away, for else the Germans would sure have slain him, who although he escaped himself, yet diverse of his order after that with fire and sword were slain.

As this Pope Clement the 5. had well provided now (as he have heard) against the Empire of Rome to bring it under his girdle: insomuch that without the Popes benediction, no Emperor might take the state upon him. &c. Now he proceedeth farther to intermeddle with y ^e Empire of Constantinople. Where he first exerciseth his tyranny & power of excommunicatiō, against Andronicus Palcologus Emperor of Constantinople, an. 1327. declaring him as a schismatic, and heretic, because he neither would nor durst suffer the Greciās to make their appeal from y ^e Greek Church to the Pope, neither would acknowledge him for his superior. &c. Whereby it may appear that the Greek Church did not admit the Popes superiority, as yet nor at any time before. Save only about the time of Pope Innocent the 3. an. 1202. at what time the French men with their Captain Baldwinus Earl of Flaūders, joined together with the Uenecians: were set against the Grecians, to place Alexius to the right of the Empire of Constantinople, vpō conditiō (as writeth Platina) to subdue the Greek church, under the church of Rome. Which Alexius being restored, and shortly after slain: the empire came to the Frenchmē, with whom it remained the space of 58. years, till the coming of Michael Paleologus in the days of Pope Gregory the 9. Who restored the Empire frō the Frenchmen, unto his pristine state again. During all which time of the French Emperors, the Greek church was subject to Rome, as by the decretals of Pope Gregory the 9. may appere. Then followed after this, that the foresaid Michael Emperor of Constantinople being called up to a council at Lions by Pope Gregory the 10. about the controversy of proceeding of the holy Ghost (as is above specified) and obedience to the Church of Rome: there, because the said Michael the Emperor did submit himself & the Grecians, to the subjection of Rome (as testifieth Baptist Egnat.) He thereby procured to himself such grudge and hatred among the Greek Monks and Priests: that after his death they denied him the due honor & place of burial. The son of this Andronicus was Michael Paleologus above mentioned: who, as ye have heard before, because he was constrained by the Grecians not to admit any apellation to the Bishop of Rome: was accursed by the popes censures for an heretic. Whereby appeareth, that the Grecians recovering their state again, refused all subjection at this time unto the church of Rome, which was the year of our Lord. 1327. &c. After this Clement the 5. followed Pope John the 22. with whom Ludouike the Emperor had much trouble. After whom next in course succeeded Pope Benedict the 12. Which Benedict vpō a time being desired to make certain new Cardinals to this answereth again: that he would gladly so do, if he also could make a new world. For this world (said he) is for these Cardinals that be made already. Ex scripto Engethusensis. And thus much of the Popes, now to return alitle back to the kings story again.

In the year of our Lord 1307. Which was 34. of the reign of this king, in the beginning of Hillary term: the king kept a Parliament at Carliel, where great complaints were brought in by the nobles and ancients of the Realm, concerning the manifold and intolerable oppressions of churches and Monasteries, and exactions of money by the Popes Legate William Testa (otherwise termed Mala Testa) lately brought into the realm of England. The coming of which William Testa was vpō this occasion, as followeth. Pope Clement, who as ye heard before, had translated his Court from Rome into France, where he had been Archbishop before, because he cōtēned to come & remain at his own sea: the Princes of Rome thought him therefore unworthy to enjoy Peters patrimony. And so by that means falling in barenes & poverty, lived only of such money of Bishops, as came to him to be confirmed, and with such other shifts and gifts. So that by this means, partly of Bishops & other religious men & persons, partly under the name of curtesy and benevolence, partly under y ^• pretence of borrowing: he had within the first year 9500. marks of silver, all his other charges and expenses, which he largely that yere bestowed, clearly borne. Besides this, he sent moreover the foresaid Legate William Testa into England with his Bulls: in the which he reserved the first fruits of the first year of all Churches being vacant, at any time, or by any man within the realm of England, Scotland, Wales, and Irelād, and also the fruits of Abbayes and Priories within the said •• ealmes. &c. Whereupon, the king with his nobles seeing the inconvenience and harm thereof ensuing to the whole realm: In the foresaid Parliament holden at Carliell withstood the said Legate, charging and commanding him by the assent of the Earls & Barons, that henceforth he should abstain from all such exactions. And as concerning his Lord the Pope, he would direct certain his mess̄gers unto him, purposely for y ^e same matter appointed: by the which Ambassadors, the king wrote unto the foresaid Pope declaring, & monishing the Pope, as right and reason was: that he should not exact the first fruits of Churches and Abbayes, by his predecessors & noble men of the land founded, for the honor & maintenance of God's service, for alms & hospitalitye: which otherwise in so doing, should all be overthrown. And so by this means the Pope at that time changed his purpose as concerning Abbayes. But after that, the fruit of English churches was granted to the king for 2. years: In which space he obtained the fruits of the foresaid Churches. &c.

During the which Parliament afore specified, as men were talking many things of the popes oppressions, which he began in the English Church, in the full of the Parliament: suddenly fell down, as sent from heaven, among thē a certain paper, with this superscription.

What effect this letter wrought in them, to whom it was directed, is not in story expressed. This by the sequel may be conjectured, that no reason or persuasion could prevail, but that the Pope retained here still his exactions, whatsoever was said or written to the contrary notwithstanding.

And thus much being written hitherto of these acts and doings here in England, now to slipp a little into the matters happening the same time in France, under the reign of the foresaid king Philip above mentioned: forsomuch as about this time, an. 1329. was commensed a parliament, by the said king of France, against the Pope, touching the jurisdiction both temporal pertaining to princes, and ecclesiastical belonging to the church: I thought it not unprofitable for the reader, to hear & learn the full discourse and tractation hereof, according as we have caused it to be excerpt faithfully out of the true copy and records of Peter Bertrand Bishop of Eduenen, and chief doer & prolocutor in the said parliament upon the Popes side, against the king and state temporal.

For so much as the high Prelate of Rome, otherwise called Antichrist, being thē in his chief ruffe, extolling him self above all princes and potestates of the world, as in other countries, so also in France extended his usurped iurisdictiō above the princely authority of the king, claiming to himself full government of both the states, as well secular as also ecclesiastical The king therefore not suffering the excessive proceedings of Pope Clement the 5. above specified, directeth his letters mandatory to the Prelates and Barons of the realm of France, to connēt & assemble themselves together at Paris, about the beginning of December, the year above prefixed. The tenor of which letters of the king directed to the Prelates, followeth in this form and manner.

At the day in the letters above specified, the Prelates and Clergy assembled themselves before the King at his palace in Paris, that is to wit. The L. Baturicen, the L. of Auxitan, the L. Turonen, the L. Rothom, and the L. Senon, all Archbishops: The L. Beluaren, the L. Cathalan, the L. Laudun, the L. of Paris, the L. Nousonon, the L. Carnoten, the L. Constan, the L. Andegauen, the L. Pictauen, the L. Melden, the L. of Cameracen, the L. of S. Feri, the L. Brioce, the L. of Cabition, & the L. of Eduen, all Bishops. Where after due reverence done unto the Kings grace, there sitting in his own person, with his Barons and counsel about him: a certain noble and wise person Lord Peter de Cugnerijs, (being one of the kings counsel) rose up and openly in the Parliament house spake in the kings behalf on this wise, taking for his Theame. Reddite quae sunt Caesaris, Caesari, & quae sunt Dei, Deo : which is to say: give and render unto Caesar, which is his, and unto God which is God's: which he very artificially prosecuted and applied, deviding it into 2. partes. First that obedience and reverence is due unto the king, Secondly that there ought to be a difference between the jurisdiction of the clergy and laity, so that spiritual matters should be defined and ordered by the Prelates and spiritual men: and temporal causes ruled and determined by the king, his Barons, and temporal men. Which all he proved by many reasons both of fact and law, as more fully appeareth beneath in the answer of the Bishop of Eduen: finally he concluded, that the Clergy ought only to deal and have to do with spiritual matters: in defense whereof, the kings highness would stand their good Lord and maintayner. His Oration being ended, he repeated certain words in the French tongue which imported that the kings will and pleasure was in some points to renew the temporal state and jurisdiction: & therewith exhibited a certain bill in French, whereof also he gave a copy to the Prelates, containing certain pointes and articles under writ̄, the contents whereof he affirmed not to appertain to the order & jurisdiction of the spiritualty, but only to the temporalty: complaing that the Clergy had wrongfully proceeded in y ^• same. But notwithstanding the premisses, & for all this his complaint, he said that y ^• Prelates should have time to consult and deliberate thereupō with the king. The copy of which articles, with answers ensuing upon the same, and the grieuaunces of the kingdom of France, wrought by the clergy, and exhibited to the king, hereafter followeth.

After he had thus spoken, the prelates required to have time to answer thereunto. whereupon was appointed for the same the Friday next ensuing. On the which day, the Bishop Eduen, & Archbishop or Senon elect in the name of the whole clergy answered for them all before the king, holding his Parliament as that day at Uicenas, and thus he there proposided. For so much as the Lord Peter Cugner of late propounding against the Church of France, took to his Theame that is written in the 22. of Matthew: Render unto Caesar, that which is Caesars, and unto God, that which is God's: by which words he said, two points were to be noted: First, the reverence and subjection of the Prelates, that they ought to have to the king their sovereign: Secondly, the division of the temporal iurisdictiō from the spiritual. The which first part he proved out of the first Epistle of Peter in the second Chapter, where it is written. Submit yourselves unto every creature, for the Lord's sake, whether it be unto the king, as unto the superior: or unto governors, as unto them that are sent of him: for the punishment of evil doers, and for the praise of them that do well. The second point he proved by the words of our Savior Christ in the 22. Chap. of Luke where the Apostle saith: Lord behold, here are 2. swords: And he said unto them it is enough, signifying by the two swords the two jurisdictions. And in likewise out of the 17. of Math. where Christ would pay tribute for him and Peter. Geuing hereby an example, how that Ecclesiastical persons were bound to pay and yield to the temporal power the tēporalities, which also is proved in y ^e 11. quest. prim. cap Si tributum, & cap magnum.

And further, because this is proved by man's law, where it is said, 2. great gifts are bestowed, Priesthood and Empire: The priesthood to rule over matters divine: the Empire to bear domination over human matters. whereby he concluded, that when these jurisdictions are distincted of God: The one being given and limited to the church, and the other to the temporalty: That in no wise the Church ought to intermeddle, or to have anything to do with the temporal jurisdiction. For it is written in the 22. of the Prouerb. You ought not to pass the old limits & bounds, which the forefathers have set. And well by the way be bringeth in this word, old & ancient: Because customs brought in to the contrary, be of no force, but rather are counted abuses & corruptions. Neither can prescriptiō take place, for that ius fisci is inprescriptible: neither cā the king abrogate frō himself such law, nor renounce his right: proving the same by many chapters contained in the 10. Dift. Wherefore seeing the king at what time he was crowned, sware not only not to alienate or infringe y ^e laws of his realm, but also to call in such laws as were alienated & usurped either by the Church or by any other: y ^e king was bound by his oath to revoke the same abuses:

In especial he did exhibit many articles in writing wherein (as he said) the Church did usurp upon the iurisdictiō temporal. To answer these premisses which conciling of the places (under protestatiō whatsoever I say or shall say) it is not to ground or make any final judgment or determinatiō herein: but only to inform y ^e conscience of our sovereign Lord the king and his assistaunts here assembled, alleging the first Epistle of Peter the 2. chapter, where he saith: Fear God & honor the king. By which words, the holy Apostle S. Peter teacheth us 2. things. First that love, fear, & obedience, is due unto God for the mightiness and puissaunce of his Majesty: saying, Fear God. Secondly, how special honor & reverence is due to the King, for the excellency of his dignity: saying, Honor the King. But note you by the way, how the Apostle placeth his words: First he saith, that fear is due unto God: because principally and in chief we ought to fear GOD: For if the King or any other should command things contrary to God, we ought to have no regard there of: but to contemn the King & fear God For it is written in the 5. of the Acts of the Apostles. we ought rather to obey God then men: and also in the 7. chap. of Machabes the 2. book: where it is said: I will not obey the commandments of the king but the law.

The reason whereof, S. Augustine giveth both in the gloss upon the Romaines, & also in the 11. quaest. 1. He that resisteth the superior power, resisteth the will and ordinance of God. But put case thou art commanded to do that which thou mayest not do, or to do not that which thou oughtest to do. Doubtless, thou must neglect the lesser power, and fear the higher, learning the degrees of worldly things.

As for example be it so, that a Proctor commandeth thee anything, which (if the same be against the Proconsull:) thou oughtest not to follow it. Yea and further, put case the Proconsull commandeth one thing, the Emperor another, and God willeth the third: Thou must not care for thē, but obey God, for God is the greater power: For they may threaten thee with prison, but GOD may threaten thee with hell fire: they may slay and kill thy body, but God may send thee body and soul to perpetual hell fire. And therefore worthily it is put first, Fear God. And here the place in the last of Ecclesiasticus is to be adjoined: where it is written: Fear God and keep his commandments.

And me thinketh that man is bound to fear God chiefly in three sorts. That is to say: First in the bountiful bestowing of his gifts and benefits. Secondly, in the evident promoting of his servants. And lastly, in the full rendering and restoring unto man that is his.

First, I say in the bountiful. &c. and for this cause the Emperor Justinian writeth: although there is nothing to be accounted good which doth exceed and is to great, yet for a prince to be stow accordingly vpō the church, it is very good. For why, the king and Emperor is bound to bestow so much the more substance, how much the more God hath given to him: & to bestow the same both frankly, and especially to famous Churches, wherein the best & greatest measure is of the Lord's gifts, that is a great gift. And to this end Gregory enacteth a law, cap. i. extra. de donationibus, that nobility ought in manner to prescribe this law to himself: to think himself bound to give, whē he giveth freely: & unless he increase in giving still, to think that he hath given nothing.

Wherefore, Abel, as appeareth in the 4. chapter of Genesis, who offered of the best to the Lord, was blessed of God. And therefore other Kings, the more they offered to God, the more they were both spiritually and temporally blessed of him: As we read of Joshua, David, Solomon & other in the book of the Kings: and therefore it is so written in the 18. of Numbers. And ye shall separate unto the Lord's treasury, things that be chiefest and most principal. As likewise David saith in the first of Paralipomenon last chapter. I have given all this with a glad heart, even with a good will, and now have I had joy to see thy people which here are present, offer with a free will unto thee. And no marvel, for David saith in that place: For of thy hand we have received all, and to thee we give. And therefore it seemeth to me, that because the Kynges of France and Barons of the same, more then any other hath given to GOD and his Church: therefore they were happy and blessed above all other kings, and the more they did give to God, the more they received at his hands.

Examples whereof, we have of Clodoue, Charles, and S. Louis: the more one giveth to God, the more he receiveth of him: For he in the 6. of Luke hath promised, give and it shall be given unto you. wherefor, a gift that a Prince bestoweth upon the Church is rendered again with triple increase, and that no less in time of war then in time of peace. I say in war time: because victory proceedeth of no other but only of God, for it is writ̄ in the 1. Machabecs the 3. Chapter. The victory of the battle standeth not in the multitude of the boast, but the strength cometh from heaven. And likewise, in the 17. Chapter of Exodus it is declared, that when Moses held up his hands Israel had the victory: but when he let down his hands Amalec had the victory. To this end also serveth the last chapter Machabes. 2. where Judas being at the point to have the victory, thought he saw Amon and Jeremiah (which had been high Priests and very virtuous men) holding up their hands toward heavē, and praying for their people and all the whole Citye. &c. Likewise in peace time now, the long days of the king and of his sons: their peace, prosperity, & obedience (by the prayer of the Church) is maintained & supported in the realm. For as long as Solomon was bent and givē in building the house of God so long he had peace: who thus in the 16. chap. of the Proverbs teacheth us. when a man's ways pleaseth the Lord, he maketh his very enemies to be his friends: And also in 1. Esdras 6. chapter, where it is read, how the Priests were commanded to offer sweet favors to the God of heaven, and pray for the kings life and his children. And well therefore may it be called a gift both favorable & irrevocable, whereby victory is given, life granted, and peace with security conserved. To serve therefore God, & liberally to give toward the worshipping of him: is the chiefest sign and token of divine fear & love. Eccl. cap. 2. O ye that fear the Lord believe him, & your reward shall not be empty.

Secondly, concerning the fear of God, I do you to understand, that among the precepts of the Lord, the first and chiefest commandment of the second table is, To honor thy father. which precept is very well expounded to y ^• Hebrews in the 12. chapter. where it is not only meant of the fathers of our bodies, but also of the father of spirits. For as spiritual things far exceedeth temporal matters: so much more a great deal y ^• spiritual son is bound to reverence the spiritual father, & to be in subjection unto him that he may live. And that the Priests and Prelates be the spiritual fathers, it is proved in the fourth book of the kings the 6. chapter. where the king of Israel called Elisha father, saying: my father, shall I finite them? Unto this effect serveth the 10. of Luke, where our savior said to the Apostles (whose successors the Bishops are) he that heareth you heareth me, & he that despiseth you, despiseth me. Also in the first to the Thessaloniās 4. chapter. He that despiseth you, despiseth not men, but God. wherefor, Justinian the Emperor in another place saith: we have great care to the Church of God, that therein may be true doctrine and integrity of Priests life. which having we trust that for our great gifts we shall receive such rewards at God's hands, both as be durable, and shall remain: yea and also that hitherto hath not happened. Blessed S, Jerome in his Register writing to a certain Emperor, which is also to be scene in the decrees. decr. 11. q. 1. saith: Let not the Emperor disdain priests, but have special regard on them for his sake whose servants they be: and so let him rule over them, that due and condign reverence be given unto them. For they in divine Scriptures are sometime termed God's, sometimes named Angels Exodus. 22. Then shall both their causes come before y ^e God's. Also Malachi the second, the Priests lips should be sure of knowledge, that men may seek the law at his mouth: For he is a Messenger of the Lord of hosts And therefore is it no marvel, if we should vouchsafe to honor them, when God himself in his speech attributing to them honor, termeth them God's and Angels. And here is to be noted, how Constantine the Emperor, when certain of his subjects presented unto him libels accusatory against the Bishops, received them at their hands. But calling before him those Bishops which were accused therein, cast in their sight those libelles into the fire, saying: depart you hence and discuss these matters within yourselves: For it is not convenient and meet that we judge God's, because it is written: God stood in the sinagoge of God's, and in the midst of them he did judge God's: in which chap. it is declared, how that the Pagans who worshipped gold̄ & wooden God's, attributed great honor to the Priests. what marvel is it then, if the godly & great and Christian Emperors do honor & reverence the priests of the true God? And doubtless, it is their duty so to do. And it is reason which the Lord Peter the last day said, in this point. That there are two powers, priesthood and dominion, the one spiritual, the other temporal which no less differeth one from the other, then the sun from y ^t moon, the heavē from the earth, and gold from lead. And therefore if honor is due to be givē to y ^e lesser power, by thē that be vnderneth him: he y ^e is chief of the higher power, of right good duty is to be honored, and reverenced of all under him as expressly is declared Cap. Solit, Dema. & ob. In which chap. answer is fully made to the allegatiō of y ^e L. Peter (alleged by him to make for his purpose) that is to say: Beye subject to all creatures for God's sake. &c. There he speaketh of the subiectiō which standeth upon y ^• merit of virtue, & not upon the duty of necessity. For else if he should speak of y ^e subjection which is by duty of necessity, thē must it needs follow, that every bishop ought to be subject to every beggarly rascal in the city of Paris. For y ^t text is, be ye subject to all human creatures: but a rascal is a human creature: ergo, bishops must be subject to a rascal. Of y ^e dignity of a B. Ambrose talketh in his pastoral: The honor saith he, & the majesty of a B. is without all comparison: If you compare it to the royalty of a king, it is evē as you would compare metal or lead to y ^e beauty of gold. For y ^e is to be seen, y ^t kings & princes stooping under the knees of priests, & kissing their right hand: think thenselves to be defended by their prayer. And because y ^e kings of France have more then other, honored & reverenced y ^e Prelates: they have above all other flourished & prospered. It is said in Eccle. 4. he that honoreth his father, shall rejoice in his sons. And it followeth there, he that honoreth his father, shall live a long life. This is therefore the sign of the fear of God. And as it is written in Eccl. 4. He that feareth God, honoreth his parents.

Thirdly I say, that a man ought to fear God, in the full reverencing & restoring unto man that is his: For he that doth not give to another y ^• is his, but goeth about to usurp, doubtless he feareth not God. Contrary, he that restoreth all again, he is said to love & fear God. Ecclesiast. 18. He that feareth God will do good things. And in the Psalm, I have been afeard of thy judgments, and have done judgment and justice. For as the Lawyers say which is true: A thing may be made mine diverse ways, as by succession, commutatiō, prescriptiō, or any other acquisition, either by law or custom. And so of the rest. And where as the Lord Peter the last day, by distinction of iurisdictiō temporal & spiritual, endeavored to prove that he which had spiritual jurisdiction, ought not to have temporal: Otherwise there were no distinctiō thereof, but rather a confusion of jurisdictions. I will therefore prove the contrary, that these jurisdictions are cōpatible both in one person, especially in an ecclesiastical man. And this I will prove by the law of God, by the law of nature, canō law, civil law, by custom, and privilege. But first I aledge, that accidental forms some of them are so distincted, that they are not clean contrary, but disalike: as whiteness and sweetness. Other forms there be which are so distincted, y ^e they are clean contrary one to the other, & are not cōpatible in one subject. For one contrary expels another, and emporteth the negative of y ^e other. wherefor those things be contrary, which one from another are most of all distāt and disagreing, and in one susceptible may come one after the other, but not together, as the Philosopher teacheth in the Predicamentes. But those forms which are so distincted, that they be not contrary but disalike: are compatible in one subject, as quantity and quality, which being distincted in respect of their Genus generalissimum, yet may be in one person. And fortitude and temperance being under one kind of moral virtue, are found to be in one mā, as Logic and Grammar, which are also species & kinds in one genus, viz. of intellectus. Therefore it is no good argument: These forms be distincted, ergo, they be not compatible in one subject. And therefore that the jurisdictions temporal & spiritual are so distincted, that they are not contrary but cōpatible it is evident hereby, because things contrary be so that the one cannot be ordained to concur with y ^e other, but rather confoundeth & destroyeth the other: but in this case jurisdiction temporal is ordained for the spiritual: & contrary, the spiritual for the temporal. Or rather, y ^e one so depēdeath of the other, as the clearenes of the moon doth of the brightness of the Sun: Also the one jurisdiction so helpeth & tomforteth the other, that there is no contrartety in them. And therefore it is no good cōsequēce, because they are distincted. Ergo, they are not compatible in one persō: This also is to be proved de facto. For the earth is y ^e Lord's, and the plenty of the whole universal world, and all that dwell therein. It is proved in likewise by this reason. For if the jurisdictions were not compatible: it should follow, that no ecclesiastical person should have any jot of temporal jurisdiction, neither land, tower, castle, Lordship, or anything else, which is most absurd: & so by this means it should follow, y ^e no ecclesiastical persō should be in subjection unto the king, which were to y ^e great derogation of the kings majesties crown and dignity. It must needs be therefore that these jurisdictions be cōpatible, notwithstanding the distinction of them one from another. And thus for answer to all these reasons, by the which Lord Peter proved the distinction of these jurisdictions.

These things premised this I proceed further to prove that a person Ecclesiastical, which hath jurisdiction spiritual, may also have temporal iurisdictiō: and that the jurisdiction temporal may be in an Ecclesiastical person, I will prove it by the Scriptures: and first out of the old testament, to the evident probation whereof, it is to be understand: That God, after the creation of the world & mā, evē unto Noes time, would govern the world himself as K. by the ministry of angels. By reason whereof, he gave and pronounced sentence himself against Cain. Gen. 4. Noah also, which offered burnt offerings unto the Lord & built an altar, as teacheth the 8. of Gene. (which thing appertained only unto the priests) had the government and rule of all things, as well spiritual as temporal, which were in the Ark of Noah. Melchizedek in likewise, the which was the priest of the most high God, and also king of Salem, as appeareth in the 14. of Gene. & had both the jurisdictions in his own hands. For Magister Historiarsi, in the said 14. of Gene. declareth, that all the first begot of Noah, even to Aaron's time were priests: which at meals and offringes blessed the people, & which only had the Ius primogeniturae, whereby the regiment of others was due unto them. Moses in like manner (of whom it is said in the Psalm, Moses &c Aaron in sácerdotibus eius ) consecrated Aaron and his childrē to be priests, which Aaron did judge y ^e whole people in temporal matters, yea & in that causes of inheritance and mere real, as appeareth in the 27. chap. of Num. and many other places. To which purpose serveth the 17. chap. of Deut. where it is said, if a matter be to hard for thee in judgment betwixt blood and blood, betwixt plea and plea, betwixt plague & plague: then shalt thou rise and go up to that place, that the Lord thy God hath chosen. And shalt come to the priests, the Levites and to the Judge thē being, and shalt ask who shall show unto us the truth of the judgment: and follow their sentence. And if any mā presumptuously shall refuse to obey y ^e priests commandments and decree of the judge, the same shall die. Behold how manifestly it doth appear, how not only y ^e judgment appertaineth to a priest, between plage and plage, concerning the circumstances and irregularity of the law: but also betwixt blood and blood, in matters criminal: yea and betwixt plea and plea in civil matters: which thing doth appear to be in many judges out of y ^e book of Judges. For Samuel, which was both a prophet & priest, was appointed judge of long time over y ^e people in matters temporal: And whē y ^e people desired a king, the Lord was highly offended with them, and said unto Samuel: they have not refused thee but me, that I should not be king over them. Furthermore, as long as kings amongst the people of God, used the advise & counsel of priests and bishops: it was well with them and their kingdom: But when they forsook and left the counsel of Bishops and priests, then was their kingdom divided, and finally they brought into captivity. In which captivity, y ^e people were altogether governed and ruled by the priests & prophets, as by Esdras and Neemias: And last of all by the means of the Maccabees, the kingdom and government was deuoluted and brought into the priests hands, who were the kings and captaynes over the people: & had the government as well of spiritual matters as of temporal, as is read in the first book of Machab. 2. cha. Of Mathatia and his sons videlicet of Judah, Machaby, Ionatha, Simon, and John the son of Simon: which in all spiritual and temporal matters, were governors over y ^e people of God. Moreover the 1. chap. of Ier. declareth which was one of the priests, after this manner. I have set thee over the people and kingdoms, that thou may •• root out, break, destroy, and make waste, and that thou mayst build up and plant. Jer. capite primo. Besides this, in time of judge Eliach: a priest in like manner had the judgment of temporal matters. And so much concerning the poofe hereof, out of the old Testament.

Secondly, I prove my former proposition by authorities taken out of the New Testament. For Christ had not only by divine nature both y ^e powe •• , whereby he created all things of nothing, and by consequence was God of all, but also by his humanity had both powers. For he was y ^e priest, secundum ordinem Melchizedek (as it is said in the Psalms, and also is alleged to the Hebr.) which had both in his vesture and thigh written, king of kings, and Lord of Lord's. By this vestiment or thigh was ment his humanity, which was joined to his divinity, as the garment is to him that weareth it. He said of himself in y ^e last of Matthew: Geuen is unto me all power both in heaven and earth. As also to y ^e Hebrews the first chap. whom he made [unspec A] and constitute, heir of all universal things. And likewise in the 2. chap. to the Hebr. He hath made him not much inferior to the Angels: he hath crowned him with glory and honor, and hath set him above the works of his hands: Thou hast put all things in subjection under his feet, sheep and oxen, and all the whole cattle of the field. Whē therefore it is said, he made all things subject to him: He excludeth nothing as the Apostle there saith. whereby it is apparent, that as concerning his human nature, in the which he was made less then the Angels, all things were subject to him. Also this appeareth in the 2. chap. to the philippians, he humbleth himself, wherefore God exalteth him. &c. And it followeth, that in the name of Jesus should every knee bow, both of things in heaven and of things in earth, and of things under the earth. Behold here that by nature by which he did humble himself, he was exalted: because every knee should bow down to him. Thys in like manner hath S. Peter in the 10. chapter of the Acts where he saith, he was constituted of God the judge over the quick and the dead: And he speaketh of that nature which God raised up the third day, as the whole Scripture [unspec B] proveth. And likewise S. Peter had this power given him whō Christ constituted and made his Uicar, who also [unspec C] condemned by sentence judicially Ananias and Sapphira for lying and stealing. Act cap. • . Paul also condemned a fornicator convicted, 1. Cor. 5. And that Christ would the correction [unspec D] and judgment of •• he matters to appertain to his Church, a text in the •• of Matthew expressly declareth where it is said. If thy brother trespass against thee, go and tell him his fault between him and thee: if he hear thee, thou hast won thy brother. But if he heareth not, thē take with thee one or two, that in the mouth of two or three witnesses all things may be established: if he hear not then, tell unto the congregation: if he hear not the congregation, take him as an heathen man and a Publican. Verily, I say unto you • whatsoever you bind on earth, the same shall be bound in heaven, and whatsoever you lose on earth, the same shall be loosed in heaven. Behold how expressly it is commanded, that whensoever in any matter one offēdeath the other, he being first charitably admonished, the matter must be published and referred to the [unspec E] order of the Church and congregation. But if the offender do not obey and hear the admonition, he is to be taken as an heathen & a Publican: Which is as much to say, like one that is excommunicate by the Church & congregation, so that he may have no communion or participation with it. And that this was the intention of Christ, this seemeth much to prove it, where in giving the reason hereof he immediately addeth. Verily I say unto you. Whatsoever. &c. (where note this term distributive) whatsoever so as the Apostle argueth to the Hebrews the 2. chapter, that if he ordained all things to be subject unto him, he excludeth nothing vnsubiected. Wherefore thus I may argue: If all things that the church and congregation doth lose be loosed and everything that the Church bindeth is bound. There is nothing that the church may not lose & bind: Or by Logic [unspec F] thus, I may reason: There is nothing bound by the Church, that is not bound in heaven, which argument is good by a certain rule of Logic which saith: that contraries if the negatiō be put after, are equiualant. For everything & nothing, whatsoever thing, and no manner of thin be contrary one to the other. And so nothing not, is as much to say, as all things. Secondly, I do prove it out of another text of S. Luke cap. 22. Which place alleged to make for his purpose, I will strike him with his own weapon. For where he said, that by the two swords the two powers temporal & spiritual were to be understood, it was so in deed but to whose hands would he (I pray you) have these two swords committed? Truly to the hands of Peter & other the Apostles. &c. But the holy Father the Pope succeeded Peter, and the other Apostles, the Bishops disciples, curates, persons as in the gloss appeareth, Luk 10. whereby thus I argue, that by the 2. swords the 2. powers are meant. But Christ willed those two swords to be put [unspec G] into the churches hands, ergo he would likewise the two powers. But you may reply and say, that Christ did reprehend Peter because he strake with a temporal sword and cut of an care, saying unto him put up thy sword. &c. whithe [unspec H] reason is of no force. For Christ did not will Peter to cast away quite frō him the sword, but to put it into y ^e skabard & to keep it, giving to understand thereby, that such power although it be in the churches hands: yet the execution thereof (as much as appertaineth to blood shedding in the new law) he would have to appertain to the secular judge: notwithstanding yet perhaps, according to the discretion and will of the Clergy.

Thirdly, I prove this by the intent of S. Paul in the 1. Cor. 6. where he saith: that they which have secular business, and contēd one against another, ought to be judged [unspec I] by the saints. And that they should judge therein, therefore he made this argument: know you not that y ^e saints shall judge the world? and if the world be judged by you, are ye not good enough to judge small trifles? As though ye would say, do ye not know how that ye shall judge the Angels? How much more then may you judge things secular. And it followeth: If you have judgment of secular & worldly matters, take them which are despised in the Church and congregations, & make them judges: neither doth it make anything against, because the Apostle in the same place inferreth. Adverecundiā vestram dico. I say it to your shame. For that is to be referred to those, where he saith, appoint those which are despised. Wherefore the Apostle speaketh ironiously in this matter as meaning thus: Sooner & the rather you ought to run to the judgment of the despised which be in the church, thē to the judgment of those which be out of the Church.

Ergo, the rather to resort to the judgment of the wise, who remain in the Church and congregation. Wherefore the Apostle by and by added whē he said, I speak to your shame: What not one wise mā amongst you that can judge between brother and brother? Meaning thereby that there was some. By these therefore and many other like reasons it appeareth (which for brevity I omit) that both the powers may be in an ecclesiastical man's hand: And that an ecclesiastical man is Capax both of the temporal and spiritual jurisdiction. Nor is it any matter if it be objected, that Peter and other Apostles & Christ himself, used little this temporal power. For in them was not the like reason as now is in us, as is proved in the 22. q. 1. ca. and in many other [unspec K] places of the law. The Apostles at the first beginning took no receipt of lands & possessions, but the price only thereof, which now the church with very good reason doth receive. And that to the great merit both of the giver and offerer, as it appeareth of Constantine and others: In the which foresaid 1. cap. the reason of diversity is well proved For that the Apostles did foresee, that the Church should be among Gentiles, and not only to be in Judah. &c. And further at the beginning Christ and his Apostles were wholly bent and given, to our health, salvation & crudition: [unspec L] little sticking or standing vpō the exercise of every churches jurisdiction, having regard to that which is written in the 6. chapter to the Corinthians. All things are lawful unto men, but all things are not expedient. And likewise in the 8. chapter of Ecclesiastes it is read, that everything hath his time. But now (through the grace of God) the whole people of the realm of France have submitted themselves to the Christian faith, worthily therefore the Church is occupied about ministering of Justice and punishing of vice: For peace shall be the work of Justice, Isaiah the 33. chap. And in these judgments this only is to be considered, that the life of man be reformed. &c. Thus you [unspec M] see, how this our conclusion somewhat is confirmed by y ^e Scriptures. Now will I prove it by natural law & reason, & first after this manner. He seemeth most fittest to play a good judges part, which followeth nerest God: For properly God is the ruler and directer of all judgments, who saith Prouerb. capite octauo. By me the law maker shall decree justice and just things: But Ecclesiastical persons, follow next to God, and be nearest him. For that they be elected of God into a peculiar people: Whereof it is said 1. Peter. 2. you are a chosen generation, a royal priesthood, a holy nation, and a peculiar people, that you should show the virtues of him that called you &c. Ergo it is most fittest that persons Ecclesiastical, and churchmen, should judge of such matters. Moreover none doubteth, but that the correction and punishment of sin, belongeth to ecclesiastical persons: wherefor, whē such things be not committed without sin & offense of the one party, it is evident that the Church may have cognition thereof. Also who so hath power to judge of the end, hath also power to judge of things ordained to the end: for the consideration of the things ordained to the end riseth of the end. When therefore the body is ordained for the life and soul, and temporal things for spiritual, as to the end: The Church which doth judge of spiritual things, may in like manner lawfully judge of temporal things. All which is sufficiently confirmed. In extra. c. Iudicijs. Where it is said that the Accessarye followeth the nature of the principal, which appeareth sufficiently by example. For so much therefore as these two jurisdictions be compared to two lights, that is to say, to the Sun, and to the Moon: and all the whole clearenes and brightness of the Moon both in form and virtue, dependeth of the Sun, & in the Sun. And y ^t the brightness of the Sun is not of the Moon or in the Moon, it is plain: that spiritual jurisdiction which is compared to the Sun, hath it both in form & virtue, the jurisdiction temporal: and not contrary. Many other like reasons might be brought in. But for that the time waxeth short, I will omit them.

Thirdly, I prove by the civil law, Auth. Diffe. Iud. Si tamen ix. col. where it is said: If a secular judge be suspected, let the Bishop of the Citty be joined unto him. But if he be negligent, then let the whole judgment be referred to the bishop. In like sort Theodosius the Emperor enacted such a law, that whosoever suitor being plaintiff in any kind of matter, whether at the beginning thereof, or after contestation of law, or when the matter came to confirmatiō, or to sentence: If the plaintiff had once chosen the court & jurisdiction the holy sec: there without all doubt, though the defendant resisted and dissented, the matter before y ^e bishops & other ecclesiastical Judges should be determined and ended. Which law afteward Carolus the great, who was king of France, confirmed in these words:

11. q. i. Quicunque. &c. 2. But that you may object and say that this law is abrogated, as the gloss seemeth there to touche. But all will not serve: For although this law is not redacted into the body of the law, yet for all that it is not abrogated. But surely it is a privilege honorably granted to the whole universal church which y ^e Emperor cannot take away no more then any other liberty of the Church. By the canō law also this privilege is confirmed. extra. de iud. c. timor Nouil. and moreover seemeth to be confirmed by the civil law, C. de sacros. Si eccl. priuilegium : although it be not expressly, [unspec N] but generally named. And so it is clear by the civil law, that such iurisdictiū doth pertain to Ecclesiastical persons. By canon law in like manner in places infinite. Dist. 22. cap. Omnes Patriarchy. 2. quest. 5. ca. Si quis praesbyter. 11. quae 1. cap relatum. 25. distinct. cap. ecce. Extra de iudicijs. Nouit. De competenti foro. cap. licet. With many other places infinite: yea & further the canon law so far proceedeth that whosoever goeth about by custom to interrupt or hinder any having such jurisdiction, encurreth sentence ( ipso facto ) of excommunicatiō, as is proved cap. quoniam intelleximus de immunitate eccl. li. sext. Which is most plain by the notorious [unspec O] custom, time out of mind, in the days of the good & Christian Princes, where to violate such custom, it is plain sacrilege. 11. quest. 1. tit. 1. &c. 2. For by law, custom winneth and gaineth jurisdiction, especially to him that is Capax thereof: yea and further, custom (time out of mind) is amongst all persons in place of written & confirmed law. Now seeing the church of France, hath in common used w ^t the temporalty to judge & decree both of actions personal and real touching the Church: it is plain, that such custom winneth jurisdiction to it. Ergo. &c. But the Lord Peter avouched, that y ^e custom could not prevail in this case, because here lacked true dealing. Besids, the said law is called inprescriptible: for that it is Ius fisci : But this maketh nothing against us. For the Church of France rather challengeth this law by custom, then by prescription. Which custom seemeth rather to be brought in of y ^e free will and election of the people, frequēting more the ecclesiastical Consistories, then the secular courts. Besides this, custom in that it hath been oftentimes decided in judgment contradictory, (many of the Barons dissenting, & not cōsēting thereunto) is much thereby confirmed. This custom I say of the church, hath been fast established by the consent and assent of the Prelates, and then confirmed by the kings of France your predecessors, and so peaceably observed of the Church.

And yet may the church challenge this by prescription: For that there are but 3. things which are required in prescription: that is to say, title, true dealing, and continuance of time. And it is without doubt that the Churches both purely hath and in time past had a good title, as appeareth by thy privilege granted of Theodosius the Emperor, & confirmed by Charles: Who gave in commandment, to keep y ^e same inviolably, which title it hath both by divine natural, and human law, as before is mentioned. Wherefore it must needs have true dealing, when so many great and clear titles are known to condescend thereunto. Also concurreth such continuance of time, that even against Ius fisci, it is prescriptible. For it hath not only continued by the space of 100. years, but also more then 600. years last past. Neither is this always true, that this law is imprescriptible, especially of the church: the which in as much as it appertaineth to the spiritualty, is not subject to y ^e king, but is much more noble, and far excelleth: Even no less then the Sun doth the Moon, gold, lead, and heaven, the earth. And this is certain, and no less reason, that the higher & equal may duly prescribe law against him, that is either equal or lower in degree. As one king may do to another. Wherefore, it appeareth, that the church may prescribe this, although it were Ius fisci, as in deed it is not.

Finally, this is proved by privilege granted by Carolus the great king of France, as before, & by Ludouicke the second, and by Philipp your uncle, and Ludouike and Philip your kinsemē, which privileges we have here ready to show. But perhaps you will say, that these things cannot agree: that the Church hath this jurisdiction, both by law, custom, & privilege, which all cannot well hang together. For if the church have it by one of these, it should follow that the church lacketh it by another. But this may I answer two manner of ways. First, that the privilege may be double, one as a bringer in of a new law, & thus it cannot be reconciled: The other as a confirmatiu • and declaratiue of the old law: and this way it may well be agreed, which distinctiō may also take place in custom. Wherefore it may thus be answered: that although this incudiction is due unto the Church by law, it appertaineth also unto y ^e same by privilege and custom: but yet not by such kind of custom and privilege, which induceth new law: but which declareth and confirmeth the old law. And • any will reply, demanding wherefor the church of France should more challenge this, then any other churches in other realms, which have no such prerogative, I can soon answer them. If the kings of France (whom God with singular grace, honor, and privilege, far above all other Princes, hath blessed and endued them for 3. special causes, to wit, for their great faith & devotion unto God, for their honor & reverence to the Church, and for their good justice shown unto y ^e people) hath granted to the church special liberties, or have permitted those which before wer granted, peaceably to be kept and observed. Why then they should have them, it is no marvel. Yea and further, their devotion unto the Church hath been such, that the nearer the Churches were unto them, the more liberties they enjoyed: and yet had these princes nevertheless therefore, but rather the more: which is evident and redoundeth to the great honor and nobility both of the king, and his realm.

I have oftentimes heard of other, howe that 4. or 5. things doth especially habilitate and adorn this realm.

First, their sincere and inviolable faith: for it was at no time red, that the kings of France (since the receiving of the faith) did ever swerve from the same.

Secondly, the nobility of blood which descended from Priamus the king of the Troianes, and successively, from Carolus and other royal kings.

Thirdly, the unity and peace of concord, which especially above all other reigned and flourished in the Realm of France.

Fourthly, the solemnity and pomp of the prelates and Clergy.

Fifthly, the good disposed readiness of the Barons and subjects to obey.

If therefore, the prelates of this realm sh •• ld not have this law and privilege, but should be deprived thereof: then should the king & his realm lose one of his noble estates, whereby they are highly magnified (I mean the bravery, solemnity, & royalty of the prelates) For then, they should not only be neither pōpeous nor royal, but more beggarly & miserable then any other, the most part of their living consisting herein. I do conclude therefore, to be proved both by divine law, natural law, canon law, civil law, custom and privilege: that the right of determining such temporal matters of the Church, may of right appertain to the Church of France, and so •• return the Lord Peters theme against himself. Besides this, will I propound that which is most plain and manifest: that what so ever things be offered up to the Church, and are converted to the dominion and property of the same, be God's & appertaineth to him: For so much as they are said, to be dedicacated & sanctified by him, as sufficiently throughout y ^e Levites may appear: as is declared in the 21. cap. 1. Regum, concerning the bread offered to God, where it is said: I have no common bread under my hands to eat, but holy bread. Wherefore, it was not lawful for the Laity to eat of the same bread, but in time of great neccesity: which is also proved in Daniel 5. chapter, where it is read. Because king Balthazar and his Lord's with his Queen, • ronke in the golden and silver vessels, which his father Nabuchodonoser had taken out of the temple of Jerusalem: In y ^e same very hour, there appeared fingers as it had been of a man's hand, writing right over the candle stick vpō the plain wall in the kings palace: And the King saw the palm of the hand that wrote, and that which was writ̄ was Mane, Thetel, Phares. the interpretation whereof is this, as there it appeareth: Mane, God hath numbered this kingdom and brought it to a • end: Thetel, thou art weighed in a ballaunce and art found to light: Phares, thy kingdom is dealt in partes, and given to the Medes and Perses. The very self same night was Balthazar the king of the Ca • des slain, and Darius succeeded in the kingdom of the Medes: the Monarchy of the Assyrians being then tr •• slated unto the Medes. Whereby it appeareth, that these things which are offered up to the church, belong to God, & so dedicated to him, that no lay man may use thē • which if they do, they must look to receive vengeance at God's hand, as Balthazar did. These things now • uded, I will argue out the L. Peters theme (which was) Geue unto the Emperor, that is the Emperors, and unto God, that is God's. But this jurisdiction, which (as I proved before) is diversely converted to the dominiō and property of the French Church, is now God's: and therefore, to be reserved to and by him. Wherefore, whensoever any goeth about to take away the same: the good & godly ought to answer as Ambrose did to the Gothē soldiers sent to him by the Emperor, which was to this effect. If the Emperor (quoth he) had requested that which had been mine, I would not have denied him, albeit that whatsoever I have, all is the poor's: But because he demandeth those things which belong to God (wherein he hath no right or interest) I had rather he should imprison me, yea & cut off my head, then to condescend to his request therein: alluding to the history of Nabaoth, which is to be seen in y ^e 21. chap. 3. Reg. How Nabaoth the holy man, possessor of his vineyard, was requested by the king to give up his vineyard: who made answer, I will not give unto thee the inheritance of my fathers: at which answer the king was maruelously offended: wherefore (quoth Ambrose) if Nabaoth would not deliver his vineyard, shall we deliver to you y ^e Church of Christ? No, God forbid that I should deliver you Christ's heritage. Nabaoth did not deliver the vineyard, nor surely will I deliver Christ's Church. And further he addeth a good saying: I can neither diminish, nor add anything to the Church of God, for that I took not upon me the charge of keeping of it: besides this, it is my duty and office to consult with the high Emperor of salvation, in this matter what is to be done: And doubtless, I may not deliver anything to him, nor yet he receive anything of me, as is proved, 24. quaestione vltimo capite cōuenior. qui. Wherefore, by these and the like reasons it appeareth, that not only jurisdiction spiritual (as the Lord Peter falsely hath suggested) doth belong to God: but also, all other kind of jurisdiction whatsoever touching the church: whether it be by law, custom, or privilege: in so much that neither may we surrēder the same to any, nor yet may the king at our hands take the same. Further the Lord Peter affirmed, that Christ for example sake did pay tribute, which is untrue as appeareth in Gene. 48. chap. For the land of Priests were free from paying of all kind of toll and tribute. And if the Lord Peter well considered the 17. of Math. he should have found there, how that Christ did not only pay tribute for example sake: but rather proved, how he was not bound to pay any at all. To conclude therefore, the children be free: but ye pay, to avoid slander and offense: wherefore the text saith. Least we should offend them go to the sea. &c. But peradventure it may be answered, that by the example of Christ (to avoid offense) ought to pay. But this is untrue, because there is double offense of the weaklings & of the Pharisees: for as concerning the offense of the weakelinges, which cometh of ignorance & not of malice, some things are to be omitted for a time, while they be better instructed: as the Apostle saith to the Romans in the xiv. chap. But for the offense of the Pharisees, which commit and offend of a pretensed malice: there is nothing to be omitted, as Christ saith in Math, 16 Where to his disciples saying: Do you not know how that the Pharisees hearing this word are offended? answered. Behold, suffer them, they are blind, and leaders of the blind: For that in the time of Christ, the offense thē was of little ones. But now is the offense of y ^e Pharisees: Wherefore, then it was not to be paid for avoiding of offense: but now not so. Now therefore it is apparent that the third toke n of the fear of God consisteth in the whole true restoring of goods: And of him, which hath such fear, whereby he restored to God his own, it is spokē of in Eccle. 15. cha. The seed of the man that feareth God shall be brought to honor: but the seed which transgresseth the commaūdemēt of the Lord shall be shamed. And thus it fully appeareth, how loving fear and obedience is due unto God, for the excellency of his majesty: because the words be: fear God.

Secondly I do say, that especial honor and reverence is due unto the king, for his dignity sake: which followeth in the theme. Now it is said honor the king: I will allege the 10 of Eccle. where it is specified: In the middes of the brethren, the ruler is holden in honor among them. Wherefore it seemeth to me, that there are 2. kind of honors: one which proceedeth from the lips, & that is named flattery, whereof it is spoken in Math. the 17. chap. This people doth honor me with their lips, but their hearts are far from me. There is on other kind of honor which is real, and cometh frō the heart. And this is the very true honor in deed, wherewith the king ought to be honored. But me thinketh that he doth really, and de facto in very deed honor the king: which wisheth and counselleth him, to keep and do those things, whereby his dominion is beloved, his royalty not diminished, his honor and fame preserved, & his conscience not burdened: And he that persuadeth him contrary to these, I think doth not honor the king. To proceed therefore further. I say first, that he doth de facto honor the king, who persuadeth him those things, whereby he may be beloved of his subjects. For a Prince ought to study rather to be beloved, then feared. And what more greater treasure can a Prince wish: then to have the harts of his subjects? According to the saying of Seneca. The love of the Citizens, is a fortress invincible, and a bulwark not sautable. What thing is more to be wished for? what better then to live and reign, every man willing and rejoicing thereof? And in my opiniō, there is nothing which causeth more a Prince to be beloved, then if he keep and maintain his ancient liberties, and bring in no alterations▪ Wherefore it is said in the 22. chapter of Prov. Thou shalt not remove the land marks, which thy fore elders have set. This place the Lord Peter alleged to make for himself: which I will prove to make against him, and that by his reason, ye ought not to transgress the old limittes and bounds which the fathers have set: For nouity and alteration doth ingender discord. And for this cause in making of new alterations there ought to be both evident vtilitye, and urgent necessity. If therefore the Prince will abrogate and take away the liberties granted by his forefathers and predecessors: he shall not be of his Realm beloved, as it appeareth by Roboam in the 11 chap. of the 3. Reg. All which likewise is to be seen in the Chronicles, how that by these means many kingdoms and dominions were translated from nation to nation, and from their own native regiment to the rule of strange people. And now for this time certain it is, that your graunde predecessors Charles the great, S. Ludowick, Philip the fair, Ludowick and Philip his sons, with many others, have sealed and confirmed this liberty of the Church. Wherefore for a man to council & persuade your highness to spoil the Church of anything: it is even the next way to spoil and undo yourself, and to bereue you of that, by which your dominion is beloved. And for this cause I thought good to put your grace in remembrance of the 20. of Math. where it is written: Remember the works of your forefathers • , which they have done in their generations, and you shall receive great glory and renown forever. Note here your highness by the way, how that king Philip graundfather to S. Lewis: fostered and kept in his Realm S. Thomas Archbishop of Canterbury: who for that he stoutly defended the liberties of his Church, was banished out of England. How much more therefore are you bound to defend and maintain your own Prelates, in their liberties ratified and confirmed by your graces predecessors, according to the saying of Gregory in 25. quaest. cap Si. If I should destroy and put down those things which my predecessors have built and ordained: I should not be called a builder and maker, but justly acompted a •• roy good and puller down as the voice as the Lord saith: Every kingdom divided within it self shall be confounded: All knowledge and learning divided one against the other, shall be destroyed. In another place he saith: It is over sharp, and against all good manner and civility (upon what reason and excuse so ever) to break and subvert those things which are well ordained: or by his example, to teach other at their pleasures to dissolve old constitutions. Mark here a story about a Castle which was given to Saint Romige, to the Churches use: by Clodoui the Kyng, which afterward King Pipine desired to have by exchaunge and recovery. To whom the said Saynte Remige appeared in his dream, and highly blamed him therefore, saying: a better man then thou gave it me, and yet wilt thou take it away from me? And with that he smote him, who the next day was found all black. Since which time, no Kyng of France durst ever lie in that Castle. Verily therefore, he doth not honor the Kyng, which giveth him counsel to pass the old limittes that his old Fathers did set. Yea rather the Kings Majesty ought to say unto them, which is written in Saint John 8. chapter I do honor and glorify my Father, that is, in keeping the liberties of the Church, as they did which granted them: but you have dishonored me, in counseling me that, which seemeth best to please yourselves, as it is written in Ecclesiast. 4. The worship of a man's father is his own worship, and where the father is without honor, it is the dishonor of the fo • ne.

Secondarily I say, that he truly doth honor the king, who counselleth him: whereby his power and dignity is not diminished. For as it is great honor to the Kynges highness to increase and augment his power: so is it as much dishonor for him to diminish any jot thereof. And therefore, the Emperors were wont to call themselves victorious, of augmenting and increasing their common wealth. And to say that you and your predecessors could not grant these things to the Church, it were to too absurd, and to the too much derogation of your Majesty's most honorable estate. And therefore you (most sovereign Lord) who hold and possess so ample right and title in the realm of France, both by election and inheritance: not to grant and leave this to your posterity, it were to the great debasing of your Majesty's honor, crown and dignity. Yea if it were (as God forbid) it would follow, that your predecessors lived continually in sin: yea and further, it were as much to say (which were too vile) that blessed S. Louis, by whom all France is beautified, could not be justly canonized.

For as the Lord speaker declared, if he took his oath at his coronation both to alienate nothing, and also to call in that which was before alienated, which is inseparable frō the Crown: it should follow that he was forsworn, and consequently committed deadly sin, and so could never be canonized, which is to to absurd to be talked of. And if reply be made, that he might have repented: It is soon to be answered: That his sin is read of, but of his repentance it is not found, as is said of Solomon. But put case it be true that the Lord Peter said, then it must needs follow, that your grace could bestow nothing, neither country, town, nor tower. And yet there be few, which willingly would not receive them, notwithstanding their allegiaunce and homage, which they pretend to your highness: Kepe therefore & confirm (most renowned Prince) y ^t which was granted by your noble progenitors: otherwise, your royal honor shall decrease, that it may be verified in you which is read of, in the 11. to the Rom. I will honor my ministry.

Thirdly I do affirm, that he rightfully honoreth the king, which persuadeth him that, whereby his honor and renown is preserved. For in matters of weight, and of great importance, next after conscience we must have regard to name and fame, as it is written the 22. of Prov. It is better to have a good name, then riches. A good name far passeth all things, and is above silver & gold. And S. Augustine saith two things are necessary for thee, conscience & name: Conscience for God, and name for thy neighbor. And therefore it is written in the 4. chapt. of Eccles. Labor to get a good name, for that will continue surer by thee then a M. great treasures of gold. A good life hath a number of days. Which renown & name, the Lord (who annointed your grace with the oil of gladness) hath in so little time more abundantly blessed you withal, then any other Prince, wherefor you ought to be more vigilant and careful, howe to keep and enjoy the same still: For it is no less virtue, to seek and get, then to keep that which is gotten: whereby not only while you live, but also when you are dead, your glorious renown may live forever: yea and farther, that by you nothing be done, whereby any blot or foil should creep into that your so great renown: alluding that to your grace, which is said in the tenth of the Proverbs. &c. The memorial of the just shall have good report. &c. Beware therefore most noble Prince, and take heed that in your days and time, the liberties of the church be not taken away (which God forbid) or diminished in any jot: For if your glorious name should be blotted therw ^t , there be thousands, which would chronicle the same to perpetual memory. Wherefore most Christian Prince, if such (as trusted after their death for no other life, but only for fame & renown) lived a life most godly & virtuous: how much more ought we Christians, which look after another life, by our well doings here, to win us a perpetual name & memory after our death. And you besides, if you should dishonor your name, and fame: what a matter were it, considering how the kings of France, were ever counted the most Christian princes, and most bountiful towards the church, giving examples to other princes, how to enrich their churches & liberties thereof. And now especially, if your grace, y ^e church in some places being in great persecution (which God forbid) should show light to other to pul and take away that which was given by your forefathers to the church. What might the world say? For then by the like reason, might the Emperor deprive the Church of all, which was givē to it by Constantine the Emperor. Also other kings would do the like in their Realm. God forbid that your highness should give such example. And for my parte, I would rather wish myself to be dead, then give you such counsel, that in so pernicious and naughty a matter, you should be example to other: Especially, when the kings of France your predecessors, were defenders always against such y ^• went about to take away the liberties from the church: which is the office of a king, Ieronymus saith upon Jeremiah, which is found also in the 24. quaest. 5. cap. Regnum & C. Princeps. After this manner let the princes of the world know and understand, how they are bound to make an account to God, for the Church which they take upon them to keep. Note you also, & read some examples out of stories & commentaries, what regard the kings of France had in observing those things, and see you by the • r example, to follow and do the like: And then shall it be verified in your grace, which is written in the 37. chapter of Eccle. A wise man shall obtain honor amongst his people: As also in the 3. of the same. He that honoreth his mother, is like one that gathereth treasure together.

Fourthly I say, that he in deed doth honor the King, which persuadeth him to do that whereby his conscience is not hurt. For above all things, a Christian man ought to beware howe to do that thing, which should be a grudge unto his conscience, because the life is more then is meat. Mat. the 6. chap. And assuredly I believe, that your grace would not commit that thing willingly, wherw ^t your conscience should be burdened, for all the worlds good: and that justly. For the more miraculously God hath called your highness to the state of a King, and hath endued you w ^t his grace: So much the more you ought to have and take hede that you offend him not. For it is to be doubted, whether in doing the contrary, he will not be the more grievously displeased with you, as he was with Saul. 1. Reg. chap. 15. Consider therefore most sovereign Lord, y ^• at what time you were crowned, you sware only these things following & no other. First, that you would defend and maintain the canonical law, privilege, and justice, granted to the Bishops and the church: and as much as in you did lie, to enlarge and amplify the same. Also that by your arbitre •• t, all Christian people at all times should keep the true peace of God & his church. Also that you should forbid to all nations, all kind of sacrileges, spoylings, and iniquities. Also that in all kind of judgments, you should will and command equity and mercy. Also that throughout your whole territory and jurisdiction, you should sincerely withal your endeavor, study to exterminate & cut off from the Church, the noted heretics: which all, and no other your Majesty sware to fulfill, at the time of your Coronation: under the leave & correction of the Lord Peter, which affirmed you were sworn to none other thing besides. Now therefore, seeing it is a canonical privilege of the church, & in the heart of the whole Cano. 6. qu. 1. Quicunque litem habens, incorporate: when also by custom which is canonical, it came in • that the Church and spiritualty, may have cognition in a number of cases, against which diverse articles have been here laid in: If this amongst the laity should not be observed in the Church, your graces conscience thereby might somewhat be burdened. In like manner if you be bound w ^t all your whole might and power to procure, that all whole Christendom should keep the true peace of God and his church: much more have you to procure the same amongst your own Barons & people, who evermore were all one with the Church. And always where any church was in honor and estimation, there were belonging to it 20. sho • t Barons & knights: whose office, as it was to defend the Church, so was it the part of the Church to pray for them & to offer sacrifice for them unto God. And to this end, that blessed S. Louis so much labored in his time: who whē the greatest Barons of his realm had confederate to suppress these liberties of the Church, & had consulted to give him (to that ende) the hundredth part of their goods, would never condescend thereunto, but always dissuaded thē therfro: and finally by his authority, sealed and confirmed these liberties of the Church. Consider here your majesty, how that pope Innocētius at that time proceeded against those Barons. &c. I dare be bold to say, y ^t if there should be now dissention between the Prelates and Barons: it would not be long before the comminalty would usurp to rule and bear domination. As by experience it hath been seen in many places, & likewise by practice, we of late might have seen: at what time the people stomaking the spiritualty in the parties of Campania and Burgundy, at last rose and made in every town a king: and therw ^t all caused the officers which brought citations & absolutions from the pope and other, to be well banged: and not long after, made insurrection against the Lord's temporal, and served them w ^t the like sauce: until that by y ^e kings power they were suppressed, & many of them hanged. And this doubtless was in the days of Lewis last king of y ^t name. Truly the noble men ought not to be griued w ^t that that the Church is possessed w ^t all. For that there be few of them, who have not their brothers and kinsfolks, which liveth and are maintained by the goods and revenues of the Church. Amongst whom if they should devide their inheritance, perhaps they would bring a little to nothing at all. Let the Barons also consider how y ^t there is but few which believe not in y ^• church. For the church is one, as in the 6. of Canticū: My Dove & derling is one. Wherefore without great peril of trasgression can they not persuade and counsel such liberties of the church to be abrogated and taken away.

That therefore your Majesty's conscience may remain pure and immaculate: pleseth it your highness by your authority, to seal & confirm this good ancient & canonical privilege. and contrary attempts (if any be made by way of proclamation or otherwise) to revoke and call them in. And further, to keep your mother the church of France in her ancient franck choice, liberty, and customs. And thē by you in all things God shall be glorified and honored, to whom be honor and glory forever and ever. Amen. Who then will honor you as is said. 1. Reg. 21. whosoever shall honor me. I will crown him with that glory, in which consisteth the true honor, and is granted to none unworthy. Wherunto also none is admitted but worthy, as blessed S. Agustine saith: which honor, grant he unto you & us who is blessed world without end. Amen. And because a bill of many articles was exhibited, whereof part did infringe the whole ecclesiastical iurisdictiō: to y ^e defense thereof, we will according to y ^e 4. cha. of Ecclesiasticus stand evē to the death, where it is said: for y ^e truth strive thou unto the death, and God shall fight for thee against thine enemies. Some other of thē contain only abuse, which we believe none such to be. But if there be we will see redress therein. Therefore for the honor of God, for the vnburdening of our consciences, for the kings majesties reverence, & for y ^• people's profit and peace: All we here assembled, have concluded to see remedy, that the aforesaid abuses, if any such be, shall be left, to the quietness of the people, and praise of almighty God. To whom be honor and glory world without end. Amen.

* Another sitting in the Parliament.

The next Friday following, being the 29. of December: the prelates assembled themselves again together at the kings palace in Paris, Where, the reverend father the L. Peter Bertrand, by God's permissiō bishop of Eduen spake openly there before the king, sitting with his Counselors and Barons about him: taking to his theme the which is written in the 18. of Genesis, O Lord be not angry, that I speak yet more. &c. The which he applied to this end: that for the majesty of the king, the prudency of his counsel, and insufficiency of himself (considering the weightiness of the cause) he trembled and was afraid to speak: yet nevertheless, trusting upon his accustomed clemency, took to him audacity, & presumed that which was appointed to him by the prelates. Beginning with the 89 psalm: Lord thou art our refuge. &c. Which he prosecuted in extolling the king his persō, and his miraculous attaining to the crown of France: preaching further, how he ought to be the champion & defender of the faith: all which he proved in few words by many reasons and authorityes. Afterward, he touched those propositions which were propounded by the foresaid Lord Peter of Cugner, and for no other only cause as he protested, but to inform the conscience of his sovereign Lord and king, & to advise his grace concerning the same: Not going about to make any final judgment, determination, or answer, whereby either sentence, Order, Statute, right to any man, or other process, might thereof ensue or be grounded. And namely he first beginning with the Theame of the Lord Peter: first affirmed (render unto the Emperor, which is the Emperors, and unto God which is his: Mark 12.) By which words was signified the obedience and subiectiō to the king, with the difference of the spiritualty from the temporalty, whereof the first menber is proved by the 1. Pet. 2. Where is said: be ye subject to every human creature, &c. Also by the Cap. solite, extra de maio. & ob. And by the c. nouit extra. de iudicijs cap. de sacerdotib {us} 10. q. 1. with the notes about y ^e same. Moreover, as touching the distinction of both jurisdictions: whereof the Lord Peter proved the temporal jurisdiction to pertain to seculare men, the spiritual to the clergy, by the words of our Savior Christ. Luke. 22. where he said: Behold two swords. Also for that Christ did pay tribute: Teaching thereby, how that the temporalties were to be reserved to the temporal men. Math. 17. 11. q. ca. Si tribut. ca. Magnum.

In like manner by y ^e law of Justinian: where it is written, that 2. great gifts were ordained & granted of God: a Byshoprike, and a kingdom: The first to bear rule over God's matters, the other over worldly things. &c. And said moreover, that these 2. be the cases which in no wise could be altered or changed. Prov. 20. de Tiō. mo. lib. 1. & vlt. And affirmed also that o • such Princely right, the Kynge could not abrogate and deprive himself. For that it was unprescriptible, appertaining to the crown and his regal seat, (considering howe he took his oath at time of his coronation) not only not to break or alienate y ^e laws of his realm, but also to restore and revoke such as were broken and alienated. To which these his reasons it was answered, that the jurisdiction and determination of civil causes (whereabout the controversy now standeth) belongeth to the Church, both by God's law and man's law. By God's law it proved was, even from Adams time to Christ's coming: per Innoc. ca. licet extra de foro, compe. And from Christ's coming, to Peters time and his successors. 22. di c • omnes patriarchae. Math. cap. 16. But how the Church in the Realms of Catholic Princes, attained unto this right and interest which at this presence it doth enjoy, the law proveth. 2. q. ca. 5. Si quis. Praesbyter. 11. q. 1. Relatum 25. dist. Ecce. Whych also is confirmed by the Emperors in the body of the law. ff. 3. Si causam. col. 9 23. q. vlt c. his & a quibus. The Canon furthermore teacheth, how that S. Peter commanded all the Princes of the earth and others, to obey and give place to the Bishops. c omnes, extra de major. & ob. 16. dist. duo sunt : Wherefore it was concluded, that in no wise this right is to be separated and taken away from the Church. And albeit in the realms of tyrannous Princes, this state of the Church is violated and not kept: yet in this blessed realm of France, it hath been always even to these days duly observed: c. nouit. extra. de iudicijs. This jurisdiction, the laws of Theodosius the Emperor and Carolus the great, hath also confirmed. extra. de iudicijs. c. nonne. all. 11. q. 1. quaecunque. &c. fe iurisdictio. c. express : Where it is mentioned, that the same Carolus Kynge of France (and Emperor) especially constituted y ^e said law. And likewise to speak of custom, it hath been known, frō time out of mind, y ^e same to have belonged to the church of France: He therefore which shall go about to violate this law, committeth sacrilege. 11. q. 1. ca. 1. & 2. And let not the kings majesty marvel, if that in this most noble Realm of France this prerogative be due unto the Church: As when hereby, his power and nobility is beutified. Anth. vt iud. sine quoquo suffra. fi. in principio Col 2. Besides this: our sovereign Lord and King, at what time he was crowned, was sworn by the Evangelists to keep and observe this Canonical privilege of the Church. Further, the Barons who in a manner are all sworn to the Church, swore fidelity to the same: by which oth of fidelity, they are bound to keep these liberties and rights of the Church. When therefore every oth which tendeth not to the perdition of the soul, is to be kept: a fortiori that oth which is taken in the favor of the church, is much more to be observed. c. Si vero extra. de iure iurando. 22. quaest. 4. c vlt. Besides this, blessed Ludouicke, Phillip of Aragon, Phillip the fair, Ludouicke, Carolus the great, & Phillip: confirmed these privileges, customs, and liberties of the Church, which all were sworn at their coronations as before. &c. These things considered, who can advise the kings majesty without damning of his own soul, contrary to these liberties granted and so confirmed to the Church? To whom belongeth great reward, whosoever bestoweth anything upon the Church: Antho. de non alie. at permut. re. ecc. §. si minis col. 3. neither maketh it against us where it is said, that there are two swords. &c. Neither yet the distinction between the Byshoppricke and kingdom. Because it is true that there are two swords, the power whereof is left to the churches hand, although y ^e execution of the material sword is committed to the temporal and secular men. Matth. 26. where Christ saith to Peter: convert and put up thy sword into the place. But as touching the distinction betwixt the Byshopricke and kingdom, in deed it is true: as much as appertaineth to the end & to the execution of blood, but not concerning the beginning & subject: for that in one subject, both the powers are, may be, and ought to be, as is before proved. To that point where it is said that Christ paid tribute: it is answered, that not therefore he paid it, because he ought or was bound thereunto: because it is certainly true, that y ^e sons of y ^e king (as he was ought not to pay) but this he did to avoid offense: yea also the Clergy is not bound hereunto Esdrae 1. & vlt. Wherefore, such things do not infer a consequence. Neither yet maketh that against us where it is said: that the king our sovereign Lord & master cannot abdicate from himself this right, especially for that he was sworn thereunto at y ^e time of his coronation, &c. for it is answered, that he may well abdicate the same. And howe doth he abdicate the same from himself, which be giveth and bestoweth to God & the Church? The land is the Lord's. And doubtless, to give is nothing else, but to tender to God and the church their own: for then by that reason, the gift givē to the church by Constantine is naught and nothing worth, which is false, and this is proved xvi. dist. ca. Const. Whereby it appeareth, that an Emperor and king may alienate things of the empire. ff. de legatis i. l. apud Iulianum §. vlt. nor yet hereby the Empire or kingdom is damaged: for that the thing returneth to the pristinat state ff. de pactis l. vnus § pactus. 35. dist. ab exordio. Furthermore, by this reason propounded: all the kings of France which ever were (and especially blessed Ludouike) should be spotted: for if that were true (as God forbid) then all they were persured and died in mortal sin, which is to too absurd. Last of all, it hurteth not where it is said: that such things are inprescriptible: It is true in deed, they cannot of subjects, or otherwise then of the Church be prescribed: but in this cause we talk not of subjects. Also, seeing they may be alieuated, they may be prescribed, especially (the kings thus consenting who confirmed the same so long a time) which excludeth all right both fiscal and ecclesiastical. The prelates therefore all with one consent, agreeth & affirmeth to the same as a verity to be maintained and defended. Beseeching the kings majesty their Lord, both for his soul health, and peace of the Church, to maintain the same, and keeping the liberties of the Church. Desiring him to consider what commodity daily he receiveth by the Church, and that his Church never failed him yet, when he had need of the laity, showing the dangers and examples of them who did to the contrary. Further, he beseeched his highness to way howe entierly his Lord the Pope doeth and hath loved his person and realm: Affirming, that never any placed in the seat of Peter, loved better his realm, then he doth. Alledging the text of Eccl. 6. where it is said: Stande in the multitude of the Priests, and believe them with thy heart.

After this in the said Session: The foresaid Bishop of Eduen prolocutour inferred many things beside, & answered particularly to the articles above specified, and exhibited by the Lord Peter in writing to the king and parliament. Which, because they touch more the subtlety of the law and stiles of the courts, then are necessary to this our history, and because we would not burdē the volume with all, containing no great profit in them: we have here of purpose for brevities sake omitted them, passing to the next sitting, which was the next friday next after following the same, as ensueth.

The next Friday after this, the Prelates assembled at Uicenas before the Kyng, to hear their answer: where, the foresaid Lord Peter of Lugner) being prolocutour for the king) spake on this wise, taking for his theme. I am peace unto you, do not fear. &c. which he prosecuted, monished that they should not be troubled in any thing that there had been spoken. For that the intent and mind of the sovereign Lord their king was, to keep the rites of the Church and Prelates, which they had by law, and by good and reasonable custom: Where, between the first and second conclusion, he went about to prove: that the cognition of civil causes ought not to appertain to the Church. For that such things were temporal and ought to pertain to the temporality, as spiritual things to the spiritualty. And besides his other reasons he alleged the 86 dist. declaring for a truth, y ^t for this intent first the clarks crowns were shaven: in sign that they should be free frō all worldliness, and forsake all temporal things. Alledging to that end the 12. q. 2. Furthermore he declared, that the Bishops had cognition in certain cases expressed by law. Wherefore, these said cases ministered a certain rule against them, alleging for the proof thereof De reg. iuris. ff. de lega. 1. L. ticie text oris. Also he affirmed that by reason of sin, the decretal Nouit. could not make for them. For the same did speak of the king of France his state, which hath no superior: but in other persons it was (he said) otherwise. And these things thus being proved, then said he, and concluded: That nevertheless, their Lord and King was ready to hear the information of them, which would instruct him of any custom: and those customs which were good and reasonable he would observe. Which answer, because it did not seem to please and suffice the Prelates, incontineutly the Bishop Eduen answered for them all in manner following. First, commonding the good and general answer, he spake in this wise: The Prince of the people (said he) shall be praised, for the prudence of his talk, commending therewyth as touching the former good general answer of the King, his purpose and talk propounded. But as concerning the words of the Lord Peter, which engendered and brought darkness and obscurity, and might give occasion to other temporal Lord's, to break and infringe the rites and customs of the Church. Wherefore his answer seemed not full and plain to the prelates. Speaking moreover to the said Peter, he alluded to the words of the Virgin speaking in the Scripture thus to her son: Son why did you so to us: And so prosecuted y ^t same, both marueling with himself, and yet covertly complaining of his answer. Afterwarde answering to these things which the Lord Peter affirmed, and first to the Chapter. Ad verum he said, that it was before answered: touching the division of the two jurisdictions, that they may be in one subject as before is proved. Neither doth it let which the Lord Peter said, these two jurisdictions could not be in one subject, because that things which be in themselves diverse, & be under one Genus, as a man & an asse cannot be in one subject. But if they were under diverse kinds, as whiteness and sweetness in milk, they might be well in one subject. It was answered that this rule was not true: because justice and temperaunce are two diverse virtues, and under one kind, and yet be in one subject. Besides these differing species, a man & an asse be not compatible in one subject. Also to that which was spoken concerning the shaving of the crown, it was answered y ^t the crown did betoken rule & excellency: and the shaving did signify: that they ought not to heap up store of temporal things, so to apply their hearts thereunto. But that the temporal things ought to be subject to them, and not they to the temporality, as is proved in the said chapter duo sunt genera. Also as concerning the thing, which was talked or de regula : he answereth, that this maketh for the church, as before was proved. Yea, also, the custom doeth make the rule for the Church. Also laws in all kind offense doth always except the custom. And therefore, his saying makes nothing against it. And now to that place which the Lord Peter spake about the Decretal Nouit. That the case was only in the kings person, yet for all that it is expressly said in the same text of every Christian man. And although their law doth speak only of the Pope, yet the same is applied to all Bishops in their Dioces. Wherefore the said bishop concluded and beseched the king that it would please his grace to give unto them a more plainer and comfortable answer: and that they might not depart from his presence all pensive & sad, whereby occasion might be given to the laity to impugn the rites and liberties of the Church. And that they doubted nothing hereof in the good nature & conscience of their sovereign Lord and King: In the end it was answered to them in the behalf of the king, that his mind & intent was not to unpugne the customs of the church.

The Sunday following the bishops assembled themselves again before the king at Uicenas, where the Lord Bishop of Eduen repealed their last supposition, with the last answer made unto them in the behalf by the King, when the Bishop of Byturien, had given them to understand how the king willed them not to fear. For that they should suffer no hindrance or damage in his time, yea and would defend them to their rights and customs because it should not be said that he would give ensample to other to impugn the Church, assuring them that even the Kings grace him willed so to declare unto them. The said Lord Bishop of Senon in the name of the whole prelates gave humble thanks to the King therefore, and the said B. of Senon beseeched y ^t such proclamations which were made to the preindice of the Ecclesiastical jurisdiction might be repealed, & called in. Hereunto the king himself answered with his own mouth that they were not published at his commandment, neither did he know of them, nor ratify them. Thirdly, the Bishop proposed that those abuses which the temporality complained of, should be so ordered & reformed: that every man should be well contented therw ^t . Last of all, he beseeched the kings highness, y ^t he would of his gracious goodness give them a more comfortable & fuller answer. Then answered the lord Peter in the name of the king: That if the prelates and bishops would see reformatiō of those things which were to be amended (wheraboutes he would take respect between this and Christmas next following) his grace would innouate nothing in the mean season. And if in the foresaid space they would not correct & reform that which was amiss, his majesty would appoint such order and remedy that should be acceptable both to God and his subjects. After this, the Prelates had leave of the king to depart and went home.

A brief recapitulation of the Bishops answer, with certain notes answering to his Popish reasons unto the Reader.

THe answer of Byshoppe Eduen in the name of the other Prelates, to the Oration and Articles before objected by the Lord Peter consisteth in two partes. Fyrst, in declaring the seat due to God. Secondly, the honor due to the king. Wherof the first is, the fear of God (he saith) consisteth in three things. 1. In giving to God. 2. In honoring his ministers. 3. In restoring that, which hath been taken away. &c. The 2. which is, the honoring of the king, he saith, consisteth in a double sort, that is. In words only, wherein is flattery: And in deed: which again he divideth in 4. members: First, when a man cousaileth a king to that, whereby his dominion is loved. 2. When the king is counseled to that whereby his honor and excellency is not diminihed. 3. Thirdly, when the king is counseled to that, whereby his fame and renown is maintained. 4. Fourthly, when a king is counseled to that, whereby his conscience is not wounded. &c. And this is the order of his whole tractation. Now remaineth with like brevity to recite the reasons and arguments in order, whereby he proveth the premisses, with the subdiuision of every member and part thereof. Wherein the studious reader, may note both the subtle proceedings of these popish prelates, and also the feeble and impotent ground whereupon they build. Whose building (as by this discourse and many other may appear) wholly & finally tendeth to this, to maintain their liberties, pomp, and estimation above all other secular princes and persons.

First, as concerning fear to be given to God, which he divideth in 3. partes, in giving, in honoring and restoring: for the first, he proveth that princes ought to give largely and without measure to the Church by these arguments.

By the testimony of Justinian: although nothing is good which is too much, yet. &c. pag. 361. col. 2. I answer that in the time of Justinian, goods then given to the Church, were the goods of the poor. Wherein was used faithful distribution, voluntary giving, and necessary charity. But now in our Popish Churches, revenues and lands given, neither are distributed to the poor: and yet are men compelled against their will to give still. And again, so little necessity is now to give to such, that the most wealths of Realms almost is in their hands and houses: in so much that they flowing in such wealth, are now waxed so proud, that kings can scarce bear any rule for them, as was proved before, pag. 3 30. col. 2. that the Popes revenues here in England, mounted to more then three times double the stint of the kings crown. Wherefore by the counsel of Justinian, it was so then, and then might stand, quod Religio peperit diuitias : But now as the time is altered, so that counsel holdeth not, postquam nunc filia deuor auit matrē. That is, after that the daughter hath devoured the mother. Finally concerning men's giving to the Church in these our popish days, four faults I note.

First, that they give superfluously more then sufficient is to necessity of life.

Secondly, that they give to such as abuse it wickedly.

Thirdly, that in giving to them that need not, noble men in mean time defraud their poor neighbors, which need in deed, and yet do not complain.

Fourthly, because of this title of giving, men have used, and yet do use to put great hope of salvation therein, contrary to the Testament of God in Christ's death, whereof examples are before.

Pag. 361. col. 2. Abel offered of the best to the Lord, and was blessed of God. Ergo, every great man, that would be blessed of God, must offer of the best he hath unto the Church. Aunswere. This argument as it is far fet: so it is soon answered, wherein 3. notes are to be observed.

First, that he which offereth unto the church of God, doth not therein offer unto God immediately as Abel did.

Secondly, neither is this to be granted, that he which offereth to all Churchmen, offereth by and by to the Church of God. For many times the Churchmen are one: and the Church of God is another. Laurence the Martyr showing forth the church of god, brought out the poor of the Parishe, and not of the priests of the Church. Pag. 72. col. 1.

The third note is this: that if noble persons should offer unto God (by the example of Abel) that which is the best and fattest of the flock: then should they offer unto the Lord, of their flock only, and not of their lands. Yea, and to note the very truth, they are taught thereby to offer to God, neither cattle nor lands, but that which is the very best, that is, their own bodies for a lively sacrifice to God. He that offered up to God a proud heart, and killed it with the axe of humility, giveth unto him the best and fattest bullock he hath in all his flock. With like reason I answer also the place of Numeri. 18. and of Paral. cap. vlt. that to offer up, or to separate unto the Lord's treasury, is not now to give to Priests and Chaplains of the Church, which peradventure have more then they do well occupy: but to give liberally to the communion of Saints, which are needy, and are the true treasury of the Church in deed, as Laurence the true treasurer said, supra, pag. 72,

Pag. 362 col. 1. By God's commandment we are bound of duty to honor our temporal fathers. Ergo, by the same duty we are bound much rather to honor our spiritual fathers, that is Priests and Prelates. Aunswere. A father in common speech is diversely taken, as by age, by nature, by office. And to all these we of duty, are bound to yield honor, reverence, obedience submission, all be it not all after one sort, nor in like degree. For as we are bound to honor our father and mothers: so aged men & elders have also their honor and name of fathers So Magistrates and spiritual teachers in their kind, have their honor and reverence. And S. Paul saith, that such are worthy of double honor, qui been praesunt, & qui laborant in sermon. But in this two things are to be noted, wherein this honor consisteth, and howe far it extendeth. These spiritual fathers of the Church, think they be not honored enough, unless Kings and Emperors give and surrender unto them all the temporal rule & government, to do what they list, and none to control them. And unless noble men and subjects indue them with temporal lands and possessions, so much as they would have. And this they call honor, which they define only by giving temporally: where in deed it rather consisteth in giving spiritually, as to have a reverent opinion of their ministration, to yield a prompt obedience to their doctrine, to reverence them as the ministers of God, and not to despise, defame, or molest their persons, whereof S. Paul also about the same place speaketh, writing to Timothy. Let no man despise thy youth. &c. Also to Titus 2. Let no man despise thee. &c. And this is to honor our spiritual fathers.

Secondly, to consider howe far this honor extendeth: as no man doeth deny, but these pastors are worthy their double honor, which rule well: so if they administer not their office well, they are under the ouersighte of the king, bearing the Temporal sword, worthy of double punishment. And yet to consider this double honor in them that rule well, howe far it doth extend: if it be compared to the honor due to our parents, case of necessity will soon decide it. For be it, that our parents, on the one side, and pastour of the other, stand in extreme need of the sons supportation, wherein he can help but the one: nature, I suppose, will and ought sooner run, and the word of Christ will sooner drive us to our father, then to the Priests Corban. Marc. 7. So that this distinction here may have place: that as the one standeth upon merit of virtue, so the other standeth upon mere duty of necessity.

Pag. 362. col. 1. These jurisdictions temporal and spiritual are compatible in one person. Aunswere. I grant pro ration subjects. That is, in the subject it self there is no cause to the contrary, but these vocations may be exercised both of one person, as they have been of the Pope, one after the other (and so may contrary forms also) and yet the Popes person hath been able to sustain them both. But now here is to be considered, not what the nature of the subject is able to bear by Logic, but what order is taken herein by the will of God, whose order is this: That they, which with Peter, are called to the feeding of the flock, should leave their fishing nets, and fish for men: and that they which labor in the warfare of the Lord, should not entangle thenselves with the business of this life, whereby they may be more free to please him, whose soldiers they are. Tit. 2, &c.

Pag. 362. col. 1. The jurisdictions temporal and spiritual, are so distincted that they are not contrary. &c. Answer. And what let is there then, but our Queen now, and other kings hereafter may have the government of both states, as well Ecclesiastical as temporal? Seeing both the forms being compatible, may concur both in one subject: why not as well in the person of the King, within the Realm, as in the person of the Pope without the Realm?

Pag. 363 col. 1. God after the creation of the world, &c. unto Noes time: &c. Aunswere. If God unto Noes time governing the world as king, gave sentence himself against Cain (as ye say) howe then did he that by the ministry of angels? If he did it by the angels his ministers: Whether is more like then that to make for the Pope, or rather for kings and princes, whom the Scripture thrice in one chapter, calleth the ministers of God to execute punishment to him, that doth evil. Rom. 13.

Pag. 363. Noah also which offered. &c. Aunswere. If offering of burnt sacrifices to God do make a priest, then was Cain also, Abel, Abraham, Isaac, and all Patriarchs priests. If he had both temporal and spiritual jurisdiction upon them, which were in his Ark: I marvel why he did not curse • hen the disobedyent crowe that returned not to him again.

Pag. 363. col. 1, Melchizedek likewise. &c. Answer. Melchizedek properly did bear a figure of Christ, both king and priest, and of none other.

Pag. 363. col. 2. A. I have given to me. &c. Aunswere. That Christ hath all power given him, no man doubteth: but yet the same Christ saith, that his kingdom is not of this world. Neither would he be made a king in this world. &c. Non eripit mortalia, qui regna dat caelestia, him.

Pag. 363. col. 1. B. Whom Christ made his vicar. &c. Answer. Here in one line be two lies. For neither had Peter the very same power in heaven and earth as Christ had, neither was he the vicar of Christ.

Pag. 363. col. 1. C. As the offense of Ananias and Sapphira was not temporal but spiritual: so did Peter kill them not judicially, that is, as a temporal judge, but spiritually, that is, by the power of the spirit, which spirit wrought by him, not as by a judge, but as a minister. And although this act of Peter was extraordinary for a singular example: yet notwithstanding let any prelate with the like power of spirit, so do, & none will blame him.

Pag 363 col. 1. D. And so likewise the condemnation of Paul against the Corinthian, was only spiritual and not temporal.

Pag. 363. 1. E. must be referred to the order. &c. Aunswere. Christ would these causes to be referred to the hearing of the Church, for spiritual admonition, but not for temporal jurisdiction of the prelates.

Pag 363. col. 1. F. All things that the true Church doth truly bind are bound. I grant: but first let the Pope prove his Church to be the true Church, and himself to be the universal head thereof, and then let him claim the keys.

Ibid. The two swords do as much signify the two regiments: as do the two fishes wherewith Christ did feed four thousand persons.

Ibid. Christ bad Peter put up his sword and not to cast it away. Ergo, the Church may have the temporal sword. Answer. God give you good morrow, I have brought you a capon.

Pag. 364. col. 1. I. Know ye not the Saints. &c. Aunswere. S. Paul here willing the Corinthians to plead their matters not before the heathen, but before the Saints: meaneth the faithful of the congregation, not only prelates.

K. In them was not the like reason. &c. Aunswere. I grant, for Christ and true Christians is one thing: Antichrist and his Church is another thing.

Ibid. As ye say, the Apostles had no laisure to take lands and possessions, for preaching: but now, for Lordly loitering you have laisure enough.

Pag. 364. col. 1. M. They are most fittest to bear temporal rule, which follow nearest to God. Prelates of the clergy follow nearest to God. Ergo, Prelates of the Clergy are more meetest to bear temporal rule.

Resp. If God here be taken for that God, which is called the belly. I grant they seem to follow nearer. But if it be taken for the true God, not I, but their own fruits, life, and doctrine, and Isaiah also would deny their minor, and say, that this people draweth near to me with their lips, but their heart is far from me.

Pag. 364. col. 1. You are a chosen generation, a royal Priesthode. &c. Aunswere. This place of Peter was written not only to persons Ecclesiastical, but to the whole congregation of the Saints disparsed, as the words following may declare. Qui eratis quondam non populus. &c.

And thus much concerning French matters, which because they be Ecclesiastical, and bear with them some utility to the diligent reader (such as list to search, note and observe the acts of men, and course of religion) I thought therefore here to place and adjoin next after, the other contention before proceeding between Philip the French king and Pope Boniface. Albeit as touching the perfect keeping of years and time, I am not ignorant that this foresaid Parliament thus summoned and commenced against the French prelates falling in the year of our Lord. 1329. was to be referred rather to y ^• reign of king Edward the i • . Of whom now remaineth (by the grace of Christ) in order of history to prosecute, declaring first the instructions and informations of his father given to him in the time of his departing. The year of our Lord 1307. and the last year of the king, the foresaid king Edward in his journey marching toward Scotland: in the North fell sick of the flixe, which increased so feruētly upon him, that he dispaired of life. Wherefore, calling before him his Earls and Barons, caused them to be sworn, y ^t they should crown his son Edward in such convenient time after his death as they might, & keep the land to his use, til he were crowned. That done, he called before him his son Edward, informing and lessoning him with wholesome precepts, & charged him also with diverse points upon his blessing: first that he should be cou • teous, gentle, upright in judgment, fair spoken to all men, constant in deed and word, familiar with the good: and especially to the miserable to be merciful. After this, he gave him also in charge, not to be to hasty in taking his crown, before he had revenged his fathers injuries stoutly against the Scots: but that he should remain in those parties to take w ^t him his fathers bones, being well boiled from the flesh, and so enclosed in some fit vessel, should carry them with him til he conquered all the Scots: saying, that so long as he had his fathers bones w ^t him, none should overcome him. Moreover, he willed and required him, to love his brother Thomas, and Edmund: also to cherish & tender his mother Margaret the Queen. Ouer & besides, he straitly charged him upon his blessing (as he would avoid his curse) that he should in no case cal to him again, or send for Peter Gaueston: which Peter Gaueston the king before had banished the realm, for his naughty and wicked familiarity with his son Edward, and for his seducing of him with sinister counsel. For the which cause, he banished both Peter Gaueston utterly out of the realm, and also put the said Edward his son in prison. And therefore so straitly charged his son, in no wise to send for this Gaueston, or to have him in any case about him. And finally, because he had cōceined in himself a vow to have returned his own person to the holy land (which for his manifold wars with the Scots, he could not perform) therefore he had prepared 32000. pounds of silver, for the sending of certain soldiers with his heart unto the holy land. Which thing he required of his son to see accomplished. So that the foresaid money, under his curse & malediction, be not employed to other uses. But these injunctions and precepts, the disobedient son did nothing observe or keep after y ^e decease of his father. Who forsaking and leaving of the war with the Scots, with all speed hasted him to his coronation. Also, contrary to the mind of his nobles, & against the precept of his father he sent for the foresaid Peter Gaueston, & prodigally bestowed upon him all that treasure which his father had bequested to the holy land. He was moreover a proud despiser of his peers & nobles. And therefore reigned infortunately, as by the sequel of the story here following, by the grace of Christ shall be declared. Thus king Edward first of that name, leaving behind him 3. sons, Thomas and Edmund by his third wife, and Edward by his first wife, whom he had sufficiently thus with precepts instructed, departed this mortal life. An. 1307. after he had reigned near 39. years. Of whom this Epitaph was written.

In y ^e time and reign of this king, many other things happened, which here I omit to speak of: as the long discord and strife between the Prior of Cant. and the Prior of Dover, which continued above 4. years together: with much wrangling & unquietness between them. Likewyse another like contention growing between John Romain Archb. of York, and the Archb. of Cant. upon the occasion, that when John Archb. of York after his consecration returned from the Pope, and coming to Dover, contrary to the inhibition of Cant. passed through y ^e middle of Kent, with his cross borne up: although the story reporteth, that he had the kings consent thereunto. An. 1286.

Item, between Thomas Bishop of Hereford, & John Pecham Archb. of Cant. fell another wrangling matter, in the time of this king. Which Bishop of Hereforde appealing from the Archb. to the Pope, went up to Rome, and in his journey died. Who with less cost might have tarried at home. 1282.

King Edward the second.

E Dwarde the second of that name, and son of Edward the first, borne as is aforesaid at Carnaruan in Wales, after the departure of his father, entered the government of the lande. An. 1307. But was crowned not before the year next following. An. 1308. by reason of the absence of Rob. Winchelsey, who was banished by king Edward the first. Wherupon the king this present yere writeth to the pope for the restitution of the said Archb. for that by an ancient law of the realm, the coronation of the king could not otherwise proceed without the Archb. of Cant. Which Edward as he was personable in body and outward shape, so in conditions and evil disposition much deformed. As unsteadfast of word, and light to disclose secretes of great counsel: Also refusing the company of his Lord's & men of honor: he much haunted among villains and vile personnages: Geuen moreover, to ouermuche drinking, and such vices as thereupon be wont to ensue. And as of his own nature he was to the said vices disposed, so was he much worse by the counsel and familiarity of certain evil disposed persons, as first of Peter or Pierse Gaueston before touched. Then after him of the two Spensers and other, whose wanton counsel he following, gave himself to the appetite and pleasure of his body: nothing ordering his common weal by sadness, discretion and justice: which thing caused first great variance between him and his nobles, so that shortly he became to them odible, and in ende was deprived of his kingdom. In the first year, he took to wife Isabel daughter of Phillippe king of France: with whom (the year after) he was crowned at Westminster, by the bishop of Winchester: for that, Robert Winchelsey Archbishop of Canterbury, was yet in exile not returned home. Notwithstanding, the Barons and Lord's made first their request to the king to put Peter Gaueston from him, or else they would not consent to his coronation. Whereupon he was enforced to grant them at the next parliament, to have their requests accomplished, and so was crowned. In y ^e mean season, the foresaid Peter or Pierse bearing himself of the kings favor bold: continued triumphing and setting at light all other states and nobles of the Realm, so that he ruled both the King and the Realm, and all things went as he would. Neither had the king any delight else, or kept company w ^t any, but with him: with him only he brake all his mind, & conferred all his counsels. This as it seemed strange unto the Lord's and Earls, so it inflamed their indignation so much against this Peter, that through the exciting of the Nobles, the Bishops of the land did proceed in excommunication against the said Gauerston, unless he departed the land. Upon the occasion whereof, the King the same first year of his reign, being grieved with the Bishops, writeth to the Pope, complaining that they had proceeded to excommunication of the said Peter, unless he departed the realm within a time certain. The which letter of the king, what answer again the king had from the pope, I find not set down in story. Ouer and besides, it befell in the said first year of the king, that the Byshoppricke of York being vacant, the king gave the office of the treasour to one of his own clearkes: whereof the pope having intelligence writeth to the King, commanding him to call back the same gift, and w ^t all citeth up to Rome the said clearke, there to answer the matter to a nephewe of one of his Cardinals, upon whom he had bestowed the said dignity whereunto the king maketh answer. Quod citationes huiusmodi & illorum executio &c.. i. That if such citations and the execution of the same should proceed to the impeachement of our kingly jurisdiction, and to the prejudice of our lawful inheritance and the honor of our crown (especially of the deciding of such matters which principally concern our estate, should be prosequuted in any other place then within this our Realm by any manner of ways. &c.) Certes, although we our selves would wink thereat, or through sufferance permit matters so to pass our hands: yet the states and nobles of our kingdom, who upon allegiance are obliged and sworn to the protection and defense of the dignity of the crown of England, will in no wise suffer our right and the laws of the lande so to be violated.

Besides this, the foresaid pope wrote to the king, complaining that by certain councellours of king Edward his father lying sick, utterly ignorant thereof, a certain restraint was given out, charging his nuncios and Legates (whō he had sent for the gathering of the first fruits of the benefices vacant within the realm) not hereafter to entermeddle therewith. &c. whereunto the king maketh answer.

In English thus.

The king therewith grieved, maketh answer by his letters to the Pope and sundry his Cardinals. Therefore he could not abide that any such strange and unaccustomed reservations should or could take place in his Realm without manifest prejudice of his kingly estate, requiring further that he would not cause any such novelties to be brought in into his kingdom, contrary to that which his ancestors before him have accustom ed to do.

Thus the time proceeded, & at length the Parliament appointed came. An. 1310. which was the fourth of this kings reign. The articles were drawn by the nobles to be exhibited to the king, which articles were the same contained In magna charta, and de foresta above specified: with such other articles as his father had charged him with before: to wit, that he should remove frō him and his Court, all aliens and perverse counselors. And that all the matters of the common wealth should be debated by common counsel of the Lord's both temporal and spiritual: and that he should stir no war out of England in any other foreine realm, without the common assent of the same. &c. The king perceiving their intent to be, as it was in deed, to sonder Peter Gaueston from his company: and seeing no other remedy: but needs must yield and grant his consent, agreed that the said Gaueston should be banished into Ireland. And so the Parliament breaking up, the Lord's returned to their own, well appeased: although of the other articles they could not speed, yet that they had driven Peter Gaueston out of the Realm, at this time, it did suffice them.