11. q. 1. quecunq̀. &c. c. se. iurisdictio. c. expresse: Where it is mentioned, that the same Carolus kyng of Fraunce (and Emperour) especiallye consititued the sayd lawe: And likewise to speake of custom, it hath bene knowen, frō time out of mind, þ^e same to haue belōged to þ^e church of France. He therfore which shall go about to violate this law: cōmitteth sacrilege. 11. q. 1. ca. 1. et. 2. And let not the kynges maiestie maruell, if that in this moste noble realme of Fraunce this prerogatiue be due vnto the church: For when hereby, his power and nobilitie is bewtified. Anth. vt. iud. sine quoquo suffra. fi. in principio Col. c. Marginalia11. q. 1. ca. 1. &. 2.Besides this: our soueraigne Lord and kyng, at what tyme he was crowned, was sworne by the Euangelistes to keepe and obserue this canonicall priuiledge of the churche. Further, the Barons who in a maner all are sworne to the Church, swore fidelitie to the same: by whiche othe of fidelitie, they are bound to keepe these liberties and rightes of the church. Whē therfore euery othe which tendeth not to the perdition of the soule, is to be kept: a fortiori that othe which is taken in the fauour of the church, is much more to be obserued. c. Si vero extra. de iure iurando. xxii. quest iiij. c. vlt. Marginalia22. q. 4. cap. Si vero.Besides this blessed Ludouicke, Philippe of Arragon, Philippe þ^e fayre, Ludouicke, Carolus the great, and Philip: confirmed these priuileges, customes, and liberties of the church, which all wer sworne at their coronations as before. &c. These things considered, who can aduise the kings maiestie without dampning of hys own soule, contrary to these liberties graunted and so confirmed to the church: To whō belongeth greate reward, whosoeuer bestoweth any thyng vpon the church: Auth. de non alie. at permut, re. ecc. ¶. si minis col. ij. neither maketh it against vs where it is sayd, that there are two swordes, &c. Neyther yet the distinction betwene the byshopricke & kyngdome. Because it is true that there are two swordes, the power wherof is left to the churches hand, although the execution of the materiall sword is cōmitted to the temporall and secular men, Math. xxvi. where Christ sayth to Peter: conuerte and put vp thy sword into þ^e place. MarginaliaMath. 26.But as touching the distinction betwixt the bishopricke and kyngdō, in dede it is true: asmuch as appertayneth to thend and to the execution of bloud, but not concerning the beginning and subiecte: for that in one subiect, both the powers are, may be, & ought to be, as is before proued. MarginaliaWhy Christ paid tribute.To that point where it is said that Christ payed tribute: it is answered, that not therfore he payed it, because he ought or was bound therunto: because it is certainly true, that the sonnes of þ^e kyng (as he was ought not to pay) but thys he did to auoyde offence: ye also the clergie is not bound hereunto Esdre. primo. et vlt. Wherfore, such things do not inferre a consequens. Neyther yet maketh þ^t against vs, where it is said: that þ^e king our soueraign Lord and maister can not abdicate from him selfe thys ryght, especially for that he was sworne therunto at the tyme of hys coronation, &c. for it is aunswered, that he may well abdicate the same. And how doth he abdicate the same from himself, which he geueth and bestoweth to God & the church? The land is þ^e Lordes. And doubtles, to geue is nothyng els, but to render to God and the church their owne: for thē by that reason, the gift geuen to the church by Constantine is naught and nothyng worth, which is false: And this is proued, xvi. dist. ca. Constantinus. wherby it appeareth, that an Emperour and king may alienate things of þ^e Empire. ff. de legatis. i. l. apud Iulianum ¶. vlt. nor yet thereby þ^e Empire or kingdome is damaged: for that the thyng returneth to the pristinate state ff. de pactis 1. vnus ¶. pactus. 35. dist. ab exordio. Marginalia16. Dist. cap. Constantinus.
35. dist. cap. ab ex ordio.Furthermore, by thys reason propounded: all the kings of Fraūce which euer were (and expecially blessed Ludouike) should be spotted: for if þ^t were true (as God forbid) then all they were periured and died in mortall sinne, which is to too absurde. Laste of all, ithurteth not where it is sayd: That such things are inprescriptible: It is true in dede, they cannot of subiects, or otherwyse thē of the church be prescribed: but in this case we talke not of subiects. Also, seing they may bee alienated they may be prescribed, especiallye (the kynges thus consenting who cōfirmed the same so long a time) which excludeth all ryght both fiscall and ecclesiasticall. The prelates therefore all with one consent, agreeth and affirmeth to the same as a veritie to bee mayntayned & defended. Beseeching the kinges maiesty theyr lord, both for his soule health, and peace of the churche: to mayantayne the same, and keeping the liberties of the church. Desiring hym to consider what commoditie daylye he receiueth by the church, and that hys church neuer fayled him yet, when he had neede of the layty, shewing the daungers and examples of them who did to the contrarye. Further, he beseeched his highnes to waye howe entierlye hys Lorde the pope dothe and hathe loued his person and realme: Affirming, that neuer anye placed in þ^e seate of Peter, loued better his realme, then he doth. Alledging the text of Eccl. vj. where it is said: Stād in the multitude of the priestes, & beleue them wyth thy hart.MarginaliaEccle. 6.

After this in the sayd Session: MarginaliaSpecial aunswers to the articles promised by B. Eduen.The foresayd bishop of Eduen prolocutor inferred many things beside, and answered particularly to the articles aboue specified, and exhibited by the lord Peter in writing to the kyng and parliamēt. Which, because they touch more the subtilty of the law and styles of the courtes, then are necessarye to this our history, and because wee woulde not burden the volume with all, cōteining no great profit in thē: we haue here of purpose for breuities sake omitted them, passing to the next sitting whiche was the next Friday next after folowyng the same, as ensueth.

MarginaliaAn other dayes setting in the parliament.The nexte Fridaye after this, the prelates assembled at Vicenas before the king, to heare their answer: wher, the foresayd Lorde Peter of Cugner (being prolocutour for the king) spake on this wyse, taking for hys theame. I am peace vnto you, do not feare. &c. Which he prosecuted, monishing that they shoulde not bee trobled in any thing that there had ben spoken. For that the intent and minde of the soueraigne lord their king was, to kepe the rites of the church and prelates, which they had by law, & by good and reasonable custome: Where, betwene the first and second conclusion, he went about to proue: that the cognition of ciuill causes ought not to appertaine to the church. For that such thinges were temporal and ought to pertain to the temporaltie, as spirituall things to the spiritually. And besides his other reasons he alledged the. 86. dist. Marginalia86 dist. ca. cum ad verum
Shauing of priestes crownes, wherfore.
declaring for a truth, that for this intent first the clarkes crownes were shauen: in signe that they should be free from all worldlynes, and forsake all temporall thinges. Marginalia12. q. 2.Alledging to that ende the. xij. q. 2. Further more he declared, that the bishoppes had cognition in certayne cases expressed by law. Wherefore, these sayd cases ministred a certaine rule agaynst them, alledging for the proofe thereof de reg: iuris. ff. de lega. 1. L. ticie textoris. Also he affirmed that by reason of sinne, the decretall Nouit. coulde not make for them. For the same did speake of the king of Fraunce his state, which hath no superior: but in other persons it was (he sayd) otherwyse. And these thinges being thus proued, thē sayd he and concluded: That neuertheles, their lord and king was readye to heare the information of them, whyche would instruct him of any custome: and those customes whiche were good and reasonable hee woulde obserue. Which answer, because it did not seme to please and suffice the prelates, incontinently the bishoppe Eduen answered for them all in manner following. First commēding the good and generall aunswer, hee spake in thys wyse: The prince of þ^e people (said he) shal be praysed, for the prudēce of his talke, commendyng therwith as touching the former good generall answer of the king, hys