ged of all such, as had bene in any part or consenting to that matter. For the which his extreme and implacable tirannie, he was in such hatred of all the people: that as is sayd, he could not finde one of all þ^e commons to take hys parte, when neede required. MarginaliaA spirituall bishop called and arested before a secular iudgeAmong all other which were for that matter troubled, was one Adam Bishop of Hereford: who being impeached of treason with other mo, was at length arested in the Parlament, to appeare and answere to that should be to him obiected. MarginaliaEx R. Auesb.Many thinges there were layd agaynst him, for taking part with them that rose agaynst the king, with many other matters moe and heynous rebukes. &c. Wherunto, the bishop a great while answered nothing. At length, the bishop clayming the liberties &priuiledges of þ^e churche, answereth to þ^e king in this fourme. The due reuerence of your princely maiestie euer saued, MarginaliaThe forme of wordes, when any bishop doth chalenge the priuiledge of the church against a secular iudge.Ego Sancte ecclesiæ Dei minister humilis, membrum eius, et episcopus consecratus licet indignus ad tam ardua nequeo respondere nec debeo, absq̀ D. Cant Archiepiscopi post summum pontificem mei directi iudicis, cuius etiam sum suffrageneus, autoritate, et aliorum parium meorum episcoporū consensu. That is. I an humble minister and member of the holy church of God, and bishop consecrate (albeit vnworth) cā not, neither ought to answere to these so hye matters w^tout the autoritie of þ^e archb. of Cant. my directe iudge, next vnder þ^e high B. of Rome, whose suffragane also I am, & the consent likewyse of þ^e other my felow bishops. After which wordes by him pronounced, the archbishop and other bishops with him were readye to make humble intercession for him to the king, and dyd. MarginaliaThe byshop reskued by the cleargy.But when the king would not be wonne nor turned with any supplication: the said bishops together with the archbishop and the clergy, comming with their crosses: tooke him away, chalēging hym for the church, without any more answer making: charging moreouer, vnder the cēsures of the church and excommunication, none to presume to lay any further hands vpon him. MarginaliaThe kyng procedeth in iudgement against the B. the priuilegies of the church to the contrary notwithstandyng.The king moued with this boldnes and stoutnes of the clergy: commaundeth notwithstanding to proceede in iudgement, and the iury of. xij. men to go vpon the enquiry of his cause: who finding and pronouncing the bishop to be giltye, the kyng caused immediatly all his goods: & possessiōs to be confiscate vnto himself: moreouer, made his plate and all hys houseolde prouision to be throwne out of his house into the streete, but yet he remayned so styll vnder the protection and defence of the archbishop. &c.

MarginaliaSimō Mepham Archb. of Cant.Thys Archbishop was Walter Wynchelsey, after whom succeeded Simon Mephā in the same see of Canterburye, an. 1327. Ex Rob. Auesb.

MarginaliaPope Iohn. 22. A monk Cistercian.After pope Clement the fift, by whose decease the romish see stode vacant (as ye heard) two yeres & three monethes: nexte was elected Pope Iohn. xxij.  

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John XXIII and Clement VI

The Foxe Project was not able to complete the commentary on this section of text by the date by which this online edition was compiled (23 September 2008). This commentary will become available in due course from the 'Late Additions and Corrections' page of the edition.

At this tyme was Emperour Ludouicus Bauarus a worthy man: who with this pope and other that folowed him, had no lesse contention, then had Fridericus before mencioned in the tyme of king Henrye the thyrd. In somuch, that thys contention and variance continued the space of. xxiiij. yeres. The cause and first origene of thys tragicall conflict, rose vpon the constitution of Clement the fift, predecessor to this Pope: by whom it was ordeyned as is afore mencioned, that Emperours by the Germane princes elected might be called kynges of the Romanes, but might not inioy the title or right of the Empire to be nominated Emperour, without theyr confirmation geuen by the pope. MarginaliaStrife betwene the pope and the Emperour.Wherefore, this foresayd Emperour because he vsed the emperiall dignitye in Italie, before he was autorised by the pope: the sayde Pope therefore excommunicated the Emperour. Andnot withstanding, the Emperour often times did profet himselfe to make intreaty of peace and concord, yet the Pope inflexible would not bend. The writinges of both partes yet be extant, wherin the sayd bishop doth make hys auaunt: that he had full power to create and depose kings and emperours, at his pleasure. In the same time were diuers learned men, which seing the matter: dyd greatly disalow the bishop of Romes doinges, MarginaliaOckam.
Marsilius Patauinus
Defensor pacis.among whom was Guillerme Occkam, whose tractations were afterward condemned by the pope, for writing against the temporal iurisdictiō of their see. And an other named Marsilius Patauinus, which wrote þ^e boke intituled Defensor pacis, geuen vp to the handes of the sayd Emperour, wherein the controuersy of popes vnlawful iurisdiction in thinges temporall is largelye disputed, and the vsurped autoritie of that see set forth to the vttermost. It is found in some wryters, that a great cause of this variance first began, for that one of the Emperours secretaries, vnknowing to the Emperour: in certain of his letters, had likened the papall see to the beast rising out of the sea in the Apocalips. At length, when the Emperour after much sute made to the Pope at Auinion, could not obtayne his coronation: MarginaliaThe emperour crowned against the will of the pope.comming to Rome, was there receyued with great honour, where hee wyth hys wyfe were both crowned by the full consent of all the lordes and Cardinals there, and moreouer an other pope there set vp, called Nicolas the fyft. After which things done, the pope not long after departed at Auinion in Fraūce, MarginaliaPope Benedictus 12. a monke of Benedictes order.after whom succeeded then Benedictus, xij. a moonke of Benedictes order, and raygned. vij. yeares. Who by the counsaile of Phillip the Frenche king, confirmed and prosecuted the censures and cursings that Iohn his predecessor had published agaynst Lewes the Emperour: MarginaliaLudouicus the emperour depriued and deposed by pope Benedict. 12.moreouer,. depriued hym both of hys emperiall crowne, and also of his dukedome of Bauaria. The Emperour vpon this commeth to Germanie, MarginaliaA councell at Franckford.and assembling the princes electours, Dukes, bishops, nobles, and the learned in a councel at Francforde: there declared before them out of the auncient lawes and customes of the empyre, MarginaliaThe emperours protestation to the counsell of Germanyhow it standeth onely in the princes Electours, and in none other to elect the king or the emperour of the Romanes (for in both these names was no differēce) so that the same Electors in chusing the king of the Romanes, did also elect and chuse the Emperour. Which Emperour so by them constitute had lawfull right, wythout any confirmation of the Apostolicall see, to exercise the administration of the Empire. And if he were lawfully elect, ought to be anointed of the Romane bishop: which if he do refuse, then might he be anoynted and declared Emperour and Augustus by anye other catholique byshop thereunto appoynted (as by the olde maner and custome hath bene) especiallye seyng these iniunctions, are but certayne solemnities added and inuented by the byshops, onely for a token of vnitie betwene the Churche and Empire, to gouerne and defend the fayth together. MarginaliaEx Hieron. Mario.Wherefore, in that the Emperour sweareth to the byshop of Rome: in that, is to be vnderstand no homage or fealtie made to the bishop, but onelye is a sacrament and a promise geuen to defende the fayth. MarginaliaEt ex Crātzio.The which othe or sacrament so geuen, geueth no maioritie to the Pope in any temporall rule, but onely bindeth the Emperour to be prest and readye to defende the fayth and Churche of Christ, when neede shall require obedience. Wherefore, where as the Pope leaneth onelye to the Electors autoritie to make the king of Romains, & taketh vpō himself alone to make the emperour: that as it is newly brought in, and deuised alate by pope Clement the. v. so is it contrarye both to all auncient order, & also derogatorie to the liberty and maiesty of the sacrate empire. Agayn, neither is that also lesse absurde and contrarye to all right and reason: that the Pope, in tyme of themperiall seate being vacant, taketh vpon him to haue the