vnworthy) can not, neither ought to asiswere to these so hye matters without the autoritie of the Archbyshop of Canterbury my direct iudge, next vnder the high B. of Rome, whose suffragane also I am, and the consent lykewise of þ^e other my felow byshops. After which wordes by hym pronounced, the Archbishop and other bishops wyth him were ready to make humble intercession for hym to the kyng, and dyd. MarginaliaThe Bishop reskued by the clergie.But when the kyng would not be wonne nor turned wyth any supplication: the sayd byshops together with the Archbyshop and the clergy, comming wyth their crosses: tooke hym away, chalenging hym for the Church, without any more aunswere making: charging moreouer, vnder the censures of the Church and excommunication, none to presume to lay any further handes vpon hym. MarginaliaThe kyng procedeth in iudgement agaynst the B. the priuilegies of the church not withstāding to the contrary.The kyng moued wyth this boldnes and stoutnes of the clergy: cōmaundeth notwithstanding to proceede in iudgement, and the iury of. xij. men to go vpon the enquiry of hys cause: who finding and pronouncing the byshop to be giltie, the king caused immediatly all hys goods and possessions to be confiscate vnto himselfe: moreouer, made his plate & all his housholde prouision to be throwne out of his house into þ^e streete, but yet he remayned so still vnder the protection and defence of the Archbyshop. &c.

MarginaliaSimon Mepham Archb. of Cant.Thys archbishop was Walter Winchelsey, after whom succeeded Simon Mepham in the same see of Canterbury, an. 1327. Ex Thom. Walsingham.

MarginaliaPope Iohn. 22. A monke Cistercian.After Pope Clement the 5. by whose decease þ^e Romish see stood vacant (as ye heard) two yeres & three monethes: next 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 time was Emperour Ludouicus Bauarus, a worthy man: who with thys pope and other that folowed hym, had no lesse contention, then had Fridericus before mentioned in the tyme of king Henry the third. In somuch, that thys contention and variance cōtinued the space of 24. yeares. The cause and first origene of this tragicall conflict, rose vpon the constitution of Clement the fift, predecessor to thys Pope: by whom it was ordeyned as is afore mentioned, that Emperours by the Germayne princes elected myght be called kynges of the Romaynes, but might not inioy the title or right of the Empire to be nominated Emperour, without their confirmation geuen by the Pope. MarginaliaStrife betwene the pope & the Emperour.Wherfore, this foresayd Emperour because he vsed the emperiall dignitie in Italy, before he was autorised by the pope: the sayd Pope therefore excommunicated the Emperour. And notwithstanding, the Emperour oftentimes did profer hymselfe to make intreaty of peace and concorde, yet the Pope inflexible would not bend. The writinges of both partes yet be extant, wherin the sayd bishop doth make his auaunt: that he had full power to creat and depose kynges and Emperours, at hys pleasure. In the same time were diuers learned men, which seyng the matter: did greatly disalow the Byshop of Romes doynges, MarginaliaOckam.
Marsilius Patauinus
Defensor pacis.among whom was Guillerme Occkam, whose tractations were afterward condemned by the Pope, for wryting agaynst the temporall iurisdictiō of their see. And an other named Marsilius Patauinus, which wrote the booke intituled Defensor pacis, geuen vp to the hands of the sayd Emperour, wherin the controuersie of popes vnlawfull iurisdiction in thinges temporall is largely disputed, and the vsurped autoritie of that see set forth to the vttermost. It is found in some wryters, that a great cause of thys variaunce first began, for that one of the Emperours secretaries, vnknowing to the Emperour: in certayne of hys letters, had lykened the papall see to the beast rysing out of the sea in the Apocalips. At length, when the Emperour after much sute made to the Pope at Auinion, coulde not obtayne hys coronation: MarginaliaThe emperour crowned agaynst the will of the pope.commyng to Rome, was there receyued wyth great honour, where he 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 fift. After which things done, the Pope not long after departed at Auinion in Fraunce, MarginaliaPope Benedictus 12. a mōke of Benedictes order.after whome succeeded then Benedictus. 12. a Monke of Benedicts order, and raygned. vij. yeares. Who by the counsaile of Phillip the French kyng, confirmed and prosecuted the censures and cursinges that Iohn hys predecessor had published agaynst Lewes the Emperour: MarginaliaLudouicus the emperor depriued & deposed by pope Benedict. 12.Moreouer, depriued hym both of hys Emperiall crowne, and also of hys Dukedome of Bauaria. The Emperour vpon this commeth to Germanie, MarginaliaA councell at Frankford.
The emperours protestatiō to the counsell of Germanyand assemblyng the Princes electors, Dukes, Byshops, nobles, and the learned in a councell at Francforde: there declared before them out of the aunci-ent lawes and customes of the Empire, how it stādeth onely in the Princes Electours, and in none other to elect the k. or the emperor of the Romanes (for in both these names was no difference) so that the same Electors in chusing the kyng of the Romaines, dyd also elect and chuse the Emperour. Which Emperour so by them constitute had lawfull right, without any confirmation of the Apostolicall see, to exercise the administration of the Empire. And if he were lawfully elect, ought to be annoynted of the Romaine Byshop: which if he do refuse, then might he be annoynted and declared Emperour and Augustus by any other catholicke bishop therunto appoynted (as by the olde maner & custome hath bene) especially seyng these iniunctions, are but certain solemnities added and inuented by the bishops, onely for a token of vnity betwene the Church and Empire, to gouern and defend the fayth together. MarginaliaEx Hieron. Mario.
Et ex Crātzio.Wherefore, in that the Emperour sweareth to þ^e bishop of Rome: in that, is to be vnderstand no homage or fealtie made to the bishop, but onely is a Sacrament and a promise geuen to defend the fayth. The which othe or sacrament so geuen, geueth no maioritie to the Pope in any temporall rule, but onely byndeth the Emperour to be prest and redy to defend the fayth and Church of Christ, when nede shal require obediēce. Wherefore, where as the Pope leaneth onely to the electors autoritie to make the king of Romaines, and taketh vppon himselfe alone to make the Emperor: that as it is newly brought in, and deuised a late by Pope Clement the. v. so is it contrary both to all auncient order, and also derogatorie to the liberty and maiesty of the sacrate Empire. Agayne, neither is that also lesse absurd and contrary to all right and reason: that þ^e pope, in tyme of the imperiall seat beyng vacant, taketh vpon hym to haue the whole and full doyngs of the Empire, as lawful Emperour for the tyme. Which prerogatiue and function, by auncient order of foreelders, should properly and only appertayne to the Palatine of Rhene, the constitution Clementine of the foresayd Pope Clement to the contrary notwithstandyng. Then in the ende for hys owne excuse, he in the presence of them all reciteth the publike confession of hys fayth, to aunswer and purge himselfe of those obiectiōs layd to hym by the Pope. This dyd the meke Emperour Ludouike in that Councell: yet all this notwithstandyng, the sayd Emperour remayned still excommunicate, tyll tyme variaunce fell betwene this Pope Benedict and Philip the French kyng. Wherfore to make hys party good, at least to haue some friendes to flee to: he beganne to pretend fauour and absolution, rather for necessity, then for any good will to the Emperour. But not long after, this Pope died: of whō this Epitaph was made.

MarginaliaEx Chrō de 6. muntatibus, intitulius: Rudi mentum nouitrorum.
Pope Clement. 6.His situs est Nero laicis, mors vipera clero, Deuius a vero, cupa repleta mero.  

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Epitaph on Pope Benedict XII

Foxe text Latin

Hic situs est Nero ... repleta mero.

Translation

John Wade, University of Sheffield

Here lies Nero, death to the laymen, a viper to the clergy, a deviant from the truth, a cask filled with unmixed wine.

After whom followed Pope Clement the sixt, a man most furious and cruell. Who renuyng agayne the former excommunications of hys predecessours, caused hys letters to bee set vp on Church dores, MarginaliaThe trouble of Ludouike the Emperour.wherin he threatened and denounced most terrible thunderboltes agaynst the sayd Lewes the Emperour, vnlesse within three dayes he should satisfie to God and the Church, and renounce the Imperial possession of the crowne. The Emperour vpon this, commeth to Franckford, and there redy to stand in all things to the ordinaunce of the Pope: sendeth hys Oratours to the court of Rome, to entreat the pope of his fauour and good will towardes hym. To the which messengers the Pope aunswered agayne, that he would neuer pardon the Emperor, before he gaue ouer and confessed hys errors & heresies: and resigning vp his Empire to hys handes, would submit hymselfe, hys children, and all hys goodes to the will & pleasure of the bishop, promising that he should not receaue again any part of the same, but vpon his good grace, as his wyll should be to restore them.

MarginaliaHeresie of the popes making obiected agaynst the Emperour.The heresie here mentioned, which was to this Emperour obiected by the pope, was this: because (as is aboue touched) he vsed and executed the Imperiall dignitie after his electon, before he was of the Pope confirmed. Ouer and besides, the Pope sendeth to the Emperour by the sayd Oratours, a certayne forme of a byll conteyned in writyng wyth certayne conditions, which he commaunded to be geuen to the handes of the Emperour. Here if the Emperour Lewys had as much minde to set vpon the Pope with dint of sworde, as he lacked neyther occasion nor power so to do: what bloud might here haue bene spilled? MarginaliaThe proud hart of the pope.But the good Emperour sparyng the effusion of bloude, receiueth gently the byll: and not onely with his seale doth confirme it, but also sweareth to obserue all the condicions therof. Which the pope hearing of, doth greatly maruell. But yet all this wold