which dye intestate, or wythout makyng of wyll: And wyl haue the possession of their goods, as wel moueable as vnmoueable in their own handes to distribute to the heires, or to whom they lyst.

Marginalia63Item, the execution also of testamentes they take to their own hands, taking inuētories of dead mens goods, and keeping and disposing them to the heyres after their pleasure. And haue officials properly deputed for the execution thereof.

Marginalia64Item, they wyll not geue credite (some tymes) to testamentes made before wytnes, vnlesse they be fyrste by their own officials approued.

After he had thus spoken, the Prelates required to haue tyme to answer thereunto. Whereupon was appoynted for the same the Fridaye next ensuing. MarginaliaB. Eduen & Archb. of Seuon elect Prolocator for prelatesOn the which day, the B. Eduen, & Archb. of Seuon elect in the name of the whole Clergy answered for thē all before þ^e king, holding his parliament as that daye at Vicenas, and thus he there propounded. For somuch as the Lord Peter Cugner of late propounding agaynst the church of Fraunce, tooke to his Theame that is written in the 22. of Mathew: Render vnto Cesar, that which is Ceasars, & vnto God, that which is Gods: by which wordes he sayd, two poyntes were to be noted: MarginaliaRepetition of the L. Peters oration aboue touched. pag. 443.Fyrst, the reuerence and subiection of the Prelates, that they ought to haue to the kyng their Souerayne: Secondly, the deuision of the temporall iurisdiction from the spiritual. The which first part he proued out of the first epistle of Peter in the second chapter, where it is written. Submit your selues vnto euerye creature, for the Lordes sake, whether it be vnto the kyng, as vnto the superiour: or vnto gouernours, as vnto them that are sent of hym: for the punishment of euill doers, and for the prayse of them that doe well. The second poynte he proued by the wordes of our Sauiour Christ in the xxij. chapiter of Luke, where the apostle saith: Lord behold, here are two swordes: And he said vnto them it is enough, signifying by the two swordes þ^e two iurisdictions. MarginaliaLuke. 22.And in likewise out of the xvij. of Math. where Christ would pay tribute for hym and Peter. MarginaliaMath. 19.Geuing hereby an example, how that ecclesiasticall persons were bound to pay and yeld to þ^e temporal power the temporalities, which also is proued in the 11. quest. prim. ca. Sitributum, et ca. Magnum. MarginaliaTwo giftes geuen,
priesthode
Empire.And further, because thys is prouided by mans lawe where it is sayd, two great giftes are bestowed, priesthoode and empyre: The priesthoode to rule ouer matters deuine: the Empire to beare domination ouer humaine matters. Wherby he concluded, that when these iurisdictions are distincted of God: The one being geuen and limited to the church, & the other to the tēporaltie: That in no wyse the church ought to entermeddle, or to haue any thyng to do with the temporall iurisdiction. For it is written in the xxij. of the Prou. You ought not to passe the old limites and boundes, which the forefathers haue set. MarginaliaProu. 22.And wel by þ^e way he bryngeth in this word, old & ancient: Because customes brought in to the contrary, bee of no force, but rather are counted abuses & corruptiōs. Neyther can prescription take place, for that ius fisci is inprescriptible: neither can the king abrogate from him selfe such law, nor renounce his righte: prouing þ^e same by many chapters conteined in the x. dist. MarginaliaDist. 10.Wherfore seing the kyng at what tyme he was crowned, sware not onely not to alienate or infringe þ^e lawes of his realme, but also to cal in such lawes as wer alienated & vsurped eyther by þ^e church or by any other: the king was boūd by hys othe to reuoke the same abuses.

In especiall he did exhibite many articles in writing wherin (as he said) þ^e church did vsurpe vpō þ^e iurisdiction teporall. To answere these premisses w^t conciling of the places (vnder protestatiō whatsoeuer I say or shal say) it is not to groūd or make any final iudgemēt or determi-nation herein: but only to informe the conscience of our soueraigne Lord the kyng, an dhys assistauntes here assembled, alleaging the first epistle of Peter the 2. chap. where he saith: Feare god & honour the king. Marginalia1. Pet. 2.By which wordes, the holy Apostle Sainct Peter teacheth vs two things. First that loue, feare, and obedience, is due vnto God, for the myghtines and puissaunce of hys maiestie: saying feare God. Secondly, how speciall honour and reuerēce is due to the king, for the excellencie of his dignity: saying honour the king. But note you by the way, how the Apostle placeth hys wordes: Fyrst he saith, that feare is due vnto god: because principally & in chief, we ought to feare God: For if the kyng or any other should commaund thyngs contrary to God, we ought to haue no regard therof: but to contemne the king & feare God. For it is written in þ^e v. of þ^e Actes of Apostles. We ought rather to obey God thē men: MarginaliaAct. 5.& also in the vij. cha. of Macha. þ^e 2. boke: where it is sayd. I will not obey the commaundementes of the kyng but the lawe. Marginalia2. Mach. 7.The reason wherof, S. Augustine geueth both in the glose vpon the Romanes, and also in the xj. quest 1. He that resisteth the superiour power, resisteth the will & ordinaunce of God. Marginalia11. q. 5.But pur case thou art commaunded to do þ^t which thou mayest not do, or to do not that, which thou oughtest to do. Doubtles, thou must neglecte the lesser power, and feare the higher, learning the degrees of worldly things. As for example be it so, that a proctor commaūdeth thee any thing which, if the same be against the Proconsull: though oughtest not to followe it. Yea and further, pur case the Proconsull commaundeth one thyng, the Emperour an other, and God willeth the thyrd: Thou must not care for them, but obey God, for God is the greater power: For they may threatē thee w^t prisō, but god may threatē thee w^t hel fyre: they may slay and kil thy bodie, but God may send bothe bodye and soule to perpetuall hel fire. And therfore worthely it is put firste, feare God: and here the place in the laste of Ecclesiasticus is to be adioyned: where it is written: feare God and keepe hys commaundementes.

And me thynketh that man is bounde to feare God, chiefly in three sortes. That is to say, first in þ^e bountefull bestowing of his giftes & benefites. Secōdly, in þ^e euidēt promoting of hys seruantes. And lastly in the full rendring and restoring vnto man that is his. Fyrst, I saye in the bountifull. &c. and for thys cause the Emperour Iustinian writeth: althoughe there is nothing to be accompted good which doth exceede & is to great, yet for a prince to bestow accordingly vpon the church, it is very good. For why, þ^e king & Emperour is bound to bestow so much the more substaunce, how much the more god hath geuen to hym: and to bestow the same both franckly, & especially to famous churches, wherin þ^e best & greatest measure is of the Lordes giftes, þ^t is a great gifte. And to this ende Gregory enacteth a law. cap. i. extra de donationibus, that nobilitie ought in maner to prescribe this law to himselfe: to thinke him selfe bounde to geue, when he geueth freely: and vnlesse he increase in geuyng stil, to thinke that he hath geuen nothing. Wherfore, Abel as appeareth in the. 4. chap. of Genesis, who offered of the best to the lord, was blessed of God. And therefore other kings, the more they offred to God, the more they were both spiritually and temporally blessed of him: As we reade of Iosua, Dauid, Salomon and other in the booke of the kinges: and therefore it is so written in the xviij. of Numer. And ye shall seperate vnto the Lordes treasury, thinges that be chiefest and most principal. MarginaliaNum. 18.As likewise Dauid sayth in the firste of Paralipom. laste chap. I haue geuen all this wyth a gladde heart, euen wyth a good wyll, and nowe haue I had ioye to see thy people which here are present offer with a free wyl vnto thee. Marginalia1. Paral. cap. vlt.And no maruell: for Dauid sayth in that place: for of thy hand we haue receaued all, and to thee wee geue