terdicted persons: takyng of some. x. of other some, xx. s. as much as they be able to make: wherby, the common people are much oppressed.

62. Item, the Ecclesiasticall Iudges cause all the Aduocates of their courtes to be sworne, that none shall retayne them of their Councell agaynst any of them, without their licence. Whereby often tymes, the poore man quite leeseth hys right, and the kynges cause is delayed: Because, his Sollicitors cannot freely retayne counsell, without speciall licence.

63. Item, they will make Inuentories of their goodes which dye intestate, or without makyng of will: And will haue the possession of their goods, as well moueable as vnmoueable in their owne handes to distribute to the heyres, or to whom they lyst.

64. Item, the execution also of Testamentes they take to their own hands, takyng inuentories of dead mens goodes, and keepyng and disposing them to the heyres after their pleasure. And haue officials properly deputed for the execution therof.

65. Item, they wil not geue credite (sometymes) to testamentes made before wytnesse, vnlesse they be first by their owne Officials approued.

After he had thus spoken, the prelates required to haue tyme to aunswere thereunto. Wherupon was appoynted for the same the Friday next ensuyng. MarginaliaB. Eduen & Archb. of Seuon elect Prolocator for prelates.On the which day, the Byshop Eduen, & Archbyshop of Senon elect in the name of the whole Clergy aūswered for them all before the kyng, holdyng his Parliament as that day at Vicenas, and thus he there propounded. For somuch as the Lord Peter Cugner of late propoundyng agaynst the Church of Fraunce, tooke to his Theame that is written in the. 22. of Mathew: Render vnto Cesar, that which is Cesars, and vnto God, that which is Gods: by which wordes he sayd, two points were to be noted: MarginaliaRepetitiō of the L. Peters oration aboue touched. pag. 358.First, the reuerence and subiection of the Prelates, that they ought to haue to the kyng their Soueraigrie: Secondly, the deuision of the temporall iurisdiction from the spirituall. 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 euery 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 do well. The second poynt he proued by the wordes of our Sauiour Christ in the xxij. Chap. of Luke, where the Apostle sayth: Lord behold, here are ij. swordes: And he sayd vnto them it is inough, signifying by the two swordes the two iurisdictions. MarginaliaLuke. 22.And in likewise out of the xvij. of Math. where Christ would pay tribute for him and Peter. MarginaliaMath. 17.Geuyng hereby an example, how that Ecclesiasticall persons were bound to pay and yeld to the temporall power the tēporalities, which also is proued in the 11. quest. prim. cap. Sitributum, & cap. Magnum.

MarginaliaTwo giftes geuen,
Priesthode
Empire.And further, because thys is proued by mans law, where it is sayd, ij. great gifts are bestowed, Priesthode and Empire: The priesthode to rule ouer matters deuine: the Empire to beare domination ouer humayne matters. Whereby he concluded, that when these iurisdictions are distincted of God: The one beyng geuen and limited to the Church, and the other to the temporaltie: That in no wise 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 Prouerb. You ought not to passe the old limites & boundes, which the forefathers haue set. MarginaliaProu. 22.And well by the way he bryngeth in this word, old and aūcient: Because customes brought in to the contrary, be of no force, but rather are coūted abuses and corruptions. Neither can prescription take place, for that ius fisci is inprescriptible: neither can the kyng abrogate from hymselfe such law, nor renoūce his right: prouyng the same by many Chapters contained in the x. Dist. MarginaliaDist. 10.Wherfore seyng 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 were alienated and vsurped either by the Church or by any other: the kyng was bound by hys othe to reuoke the same abuses.

In especiall he dyd exhibite many articles in writyng wherin (as he sayd) the Church dyd vsurpe vpon the iurisdiction temporall. To aunswere these premisses with concilyng of the places (vnder protestation whatsoeuer I say or shall say) it is not to ground or make any finall iudgement or determination herein: but onely to informe the conscience of our soueraigne Lord the kyng, and his assistaūtes here assembled, alleagyng the first Epistle of Peter the 2. chap. where he sayth: Feare God & honour the kyng. Marginalia1. Pet. 2.By which wordes, the holy Apostle S. Peter teacheth vs ij. thynges. First that loue, feare, and obediēce, is due vnto God, for the mightinesse and puissaunce of hys Maiestie: saying feare God. Secondly, how speciall honour and reuerence is due to the kyng, for the excellency of hys dignity: saying honor the kyng. But note you by the way, how the Apostle placeth hys wordes: First he sayeth, that feare is due vnto God: because principally and in chiefe, we ought to feare GOD: For if the kyng or any other should commaunde thinges contrary to God, we ought to haue no regard therof: but to contemne the kyng and feare God. For it is written in the v. of the Actes of Apostles. We ought rather to obey God then men: MarginaliaActes. 5.and also in the 7. chapter of Machabes. the 2. booke: where it is sayd. I will not obey the commaundementes of the kyng but the law. 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 wyll and ordinaunce of God. Marginalia11. q. 5.But put case thou art commaunded to doe that which thou mayest not do, or to do not that which thou oughtest to do. Doubtlesse, thou must neglect the lesser power, and feare the hygher, learnyng the degrees of worldly thinges.

As for example be it so, that a Proctor commaundeth thee any thyng which, if the same be agaynst the Proconsull: though oughtest not to follow it. Yea and further, put case the Proconsull commaundeth one thyng, the Emperour an other, and God wylleth the third: Thou must not care for them, 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 sende both body and soule to perpetuall hell fire. And therfore worthely it is put firste, feare God: And here the place in the last of Ecclesiasticus is to be adioyned: where it is written: feare God and kepe his commaundementes.

And me thinketh that man is bound to feare God, chiefly in three sortes. That is to say, first in the bountifull bestowyng of hys giftes and benefites. Secondly, in the euident promotyng of hys seruantes. And lastly in the full rendryng and restoryng vnto man that is his.

First, I say in the bountifull. &c. and for this cause the Emperour Iustinian writeth: although there is nothyng to be accompted good which doth exceede and is to great, yet for a prince to bestow accordingly vpon the Church, it is very good. For why, the kyng and Emperour is bound to bestow so much the more substaunce, how much the more God hath geuē to him: and to bestow the same both franckly, and especially to famous Churches, wherin the best and greatest measure is of the Lordes giftes, that is a great gift. And to this ende Gregory enacteth a law. cap. i. extra de donationibus, that nobilitie ought in maner to prescribe this law to hymselfe: to thinke hymselfe bound to geue, when he geueth frely: and vnlesse he increase in geuing stil, to thinke that he hath geuen nothyng.

Wherfore, Abell as appeareth in the. 4. chapter of Genesis, who offered of the best to the Lord, was blessed of God. And therefore other kynges, the more they offred to God, the more they were both spiritually and temporally blessed of hym: As we read of Iosua, Dauid, Salomon and other in the booke of the kynges: and therefore it is so written in the xviij. of Numbers. And ye shal seperate vnto the Lordes treasury, thinges that be chiefest and moste principall. MarginaliaNum. 18.As likewyse Dauid sayth in the first of Paralipomenon last chapter. I haue geuen all this with a glad harte, euen with a good wyll, and now haue I had ioye to see thy people which here are present, offer with a free wyll vnto thee. Marginalia1. Paral. cap. vlt.And no meruayle: for Dauid sayth in that place: for of thy hande we haue receyued all, and to thee we geue. MarginaliaWhat benefite commeth by geuing to the church.And therefore it seemeth to me, that because the kynges of Fraunce and Barones of the same, more then any other hath geuen to GOD and hys Church: therefore they were happy and blessed aboue all other kynges, and the more they dyd geue to God, the more they receyued at hys handes.

Examples wherof, we haue of Clodoue, Charles, and S. Lewes: the more one geueth to God, the more he receyueth of hym: For he in the vj. of Luke hath promised, geue and it shall be geuen vnto you. MarginaliaLuke. 6.Wherfore, a gift that a Prince bestoweth vppon the Church is rendered agayne wyth triple increase, and that no lesse in tyme of warre than in tyme of peace. MarginaliaTime of warre.I say in warre tyme; because victory proceedeth of no other but onely of God, for it is written in the j. Machabees the iij. chapiter. The victory of the battayle standeth not in the multitude of the hoste, but the strength commeth from heauen. Marginalia1. Math. 3.And likewyse, in the xvij. chapiter