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Excusator there, and proceeded in the Principall Cause: by Reason whereof the said Doctor Kerne appelled to the Pope alleadginge Injurie to be don not only to the Kinges Highnes, but alsoe unto himself, for that such Matter as he (having Intereste in) did alleadge was not considered nor regarded, but Processe made notwithstanding, to which Appellation the said Cappissuchi gave an ambiguous and doubtful Answer, promiseinge afterward to open his said Answere and Sentence more plainely, and to give determinate Resolucions therein, which nevertheless he would not doe, albeit he was diverse Tymes required and pressed thereunto, but so passed he the Tyme and suddenly returned to Processe; whereupon the said Doctor oftentimes appealed and put upp again a Supplicacion to the Pope for the Admission of the said Appeal, by reason whereof the said Matter was reasoned in the Signature; where althoughe by noe lawe it woud be shewed why the said Doctor Kerne ought not to be admitted to alleage the said Matters Excusatory in the Defence of the Kinges Highnes; yet they gave their Voices there as the Pope saide, that Doctor Kerne should not be heard without the Kinges Proxie; whereunto when Doctor Kerne replied, sayinge that whatsoever they decreed or saide, yet there was no Lawe to maintayne and bear it: It was answered again by the said Bishope, called Pope, that he might Judge all Things after his own Conscience. And upon this Resolucion, without any other Decree given, or at least notified and declared, they proceeded in the Principal Cause, intendinge by this Injurie and Wronge to enforce the Kinges Highnes to the Exhibition of a Proxie there, to his high Prejudice, and the Derogation of the Libertyes, and Prerogatives of his Realme, and to the pernicious Example of the like to be done unto other Princes in Tyme comeing. And althoughe at the same Time, the Kinges Ambassadors there Resident, did shewe_unto the Pope the Determinacion of the Universities of Paris and Orleance, with the Opinions and Sentences of the best and most Famous Learned Men of Italy and Fraunce, determyning all with one Consent, that these the Popes doeinges were meere Injuries and Wronges, and contrary to his owne Lawes, wherein it is conteined, "Quod Pontifex Romanus non potest cogere aliquem Principem Christianum ut Romam veniat, ut in Causa Matrimonii ibidem respondeat. Aut in eorum gratiam procuratorem constituat et quod subditus cujuscunque Principis poterit sine mandato et sine Satisdatione ejusdem absencia sine non compareutiæ allagere et quod debeat ad id admitti: quodque propositis per

eundem justes Causis absenciæ non poterit contra absentem Principem ulterius procedi. Sed quod omnis talis processus si quis contra eundem factus fuerat, sit jure ipso facto nullus." Yet he continuynge still in the Discussinge and Disputacion of the same Pointes: and perceiveinge well the Kinges Highnes Adversaries to be in the wronge Parte, did still nevertheless reject the said Mr. Kerne from the Lawfull Defence of the Kinges Highnes, and ceased not to make Processe against his Grace in the Principall Cause to the expresse Wronge and Injurie of his Highnes, and soe continuynge still in accumulateinge from Tyme to Tyme, new Griefes and Injuries against the Justice of the Kinges Cause; and sending out very slanderous Griefes against the Kinges Highnes, with diverse other unseemeinge and ungodly Demeanors used by him and his Ministers in the Discousse and Doinge of the said Injuries. Finally to accomplishe his longe and indurate Malice, he decreed and determined to publishe out against the Kings Highness, the Sentence of Excommunication, and soe the King's Highnes, being advertised of the said Determination and Purpose, and mynding to use his lawefull and naturall Defence of Provocation and Appellation against the same. After that his Highness had soe made Authentiquely his said Provocation and Appellation from the Pope to the Generall Councell, which shall be nowe next indicted, and lawefully congregated; and alsoe caused the same to be intimated unto the Pope by one of his Subjects, the said Pope would in no wise admitte the same, et deferre hujusmodum Appellacioni, but pretendinge for his Defence a certeine Bull made by Pope Pius, and that he was Superior to all Generall Counsailes, did most Arrogantly and contemptuously reject the Kinges Highnes said Appellacions, alleadging the same to be nought; and they were Heretiques and Traytors to his Person, which would Appeal from him to any General Counsell, or would attempt to doe any Thinge whereby his Authority should be seene to be inferior unto the Authority of General Counsells.

The Iniquity of all which Thinges beinge thus opened unto the said Princes, and set forth by the said Pagett, with the best Perswasions he can devise for that Purpose, he shall further shewe unto the same, that thence it is now evidently seene that the said Bishop of Rome for the Defence of his own corrupt Affections of Glorie and Ambition, regardeth not what Injurie he doth to Christian Princes, yea, and to abuse and subjecte so much as in him is, not only contrary to the Trueth, but alsoe to the due Order both

of God and Mans Lawes, shewinge himself therein rather to be the Childe of Wrathe and Discorde, then the Imitator and Follower of Christ; It shall nowe apperteine unto the Office of every good Christian Prince on tother side, to have more Spirituall Regarde to the Preservation of their one Estate and Dignity, and the Maintenance of Gods Lawes, then they have had in Times past. And to study nowe by all Means rather to confounde and destroy these Presumptions of Men, which forge themselves such a Throne and Power as soundeth greatly to the Blasphemy of Christ and his very Spouse the Church, then to suffer the same any further to encrease.

And forasmuch as the Kinges Highnes not only for want of Justice in his said Cause at the Popes Hande, but also for the Defence of those extreme Injuries, which the said Pope hath enforced unto him and the Justice of his Cause, and for the Maintenance of his Estate Royal, with the Lawes and Privileges of his Realme, conforme and agreeable to the Lawe of God, is nowe utterly determined, havinge God and his Word upon his Party, to resist and withstand the said Bishops malicious Attempts and reduce the said Popes Power, Ad justos et legitimos mediocritatis suæ modos, so as within this his Highnes Realme, he shall not be suffered to exercise any other Power and Jurisdiction, then is granted unto him by expresse Scripture. The said Paget shall shewe unto the said Princes; that the Kinges Highnes trusteinge not a little to their greate Vertue, Wisdome, and Ould Amity hath commaunded him not only to open and declare unto the said Princes the wholl Circumstances of all the Premisses, and of what Mynd and Disposition the Kings Highnes is nowe towarde the said Pope, and the Court of Rome: But also to exhorte and instantly to require the same on the Kings Highnes Behalf, that it shall please them to adhere and sticke with the Kinges Highnes in his said righteous Cause to the repaire of the said Injuries at such Tyme as the same shall be intreated in the General Counsell. And in the mean Season to give unto his Highnes their Assistance and best Advice how he shall procede to the Accomplishment of his desired Purposes, according to such Articles as be written in a certaine Scedule and be delivered unto the said Paget, and signed with the Kings Highnes Hand, which he shall also exhibite and shewe unto the said Princes; and to every of them, as by his Wisdome he shall perceive may be most Beneficiall unto the Kinges Highnes Affaires : and to require also the said Princes and Potentates, that in Case there be any Articles,

Causes, or Matters in those Parties touchinge any Abuses, Evil Customes, or Opinions, which for the Common-Wealth of Christendome, and the Maintenance of Gods Worde the said Prince and Potentate, or any of them, shall thinke necessary and requisite to be reformed and redressed, the said Paget shall say that the Kinges Mynde and full Determinacion is, his Highnes beinge advertised of the Specialties of the same, either by the Letters of the said Paget, or otherwise by Letters of the same Princes; or by the Messengers, Servants, or Orators of them, or any of them, will not faile, but like as the same his Highnes at this Time declareth his Griefes, and desireth their Assistance in this his Suit and righteous Causes and Quarrels, even so likewise his Highnes will not only right thankfully and kindly admitte the same Causes, to his most favourable Audience; but also will with all Effecte and Sincerity to him possible, indeavour himself both to the Exturpacion and Puttinge away of the said abuses and Evil Customes soundinge againt Gods Worde and Lawes, end also further doe that Thing that may lye in him for Reformacion thereof, and Establishinge the good Intentes and Purposes of the said Princes, as most specially may be for the Maintenance of Gods Word, the Faith of Christ, and Wealth of Christendome, like as unto the Office of a very Christian Prince, and the Perfectness of Amity and Friendship contracted betweene his Highnes and the said Princes shall apperteine. Finallie, for as much as it doubtfull of what Minde, Intention, and Purpose, the said Princes be, or at least some of them, that is to witte, whither they be soe dedicated to the Popes Devocion, that there is no likelihood of any good Success touchinge the Kings Purposes to be don or gotten at their Hande, the said Paget shall First and before the Deliveringe of the Kings said Letters to any of the said Princes, and Declaracion of this his Charge by all Dexterity, Wayes and Meanes to him possible insearch, inquire, and knowe the Disposicion and Inclinacion of the said Prince, and of every of them severally, and soe thereafter accordinge to their Wisdomes and Discretions to deliver or retaine the Kings said Letters, with Declaracions or without Declaracions of their said Charge, as to their Wisdomes shall be thought most necessary and requisite for atchieveinge of the Kings Highnes Purposes in this Behalf.

HENRY R.

XXXI.

Propositions to the King's Counsell; marked in some Places on the Margin in King Henry's own Hand. 1533. An Original.

(Cotton Library, Cleop. E. 6. p. 319.)

FYRSTE to sende for all the Bishops of this Realme, and specyallie for suche as be nerest unto the Courte; and to examyne them aparte, whether they, by the Law of God, can prove and justefie, that he that now is called the Pope of Rome is above the Generall Counsell, or the Generall Counsell above him? Or whether he hathe gyven unto him by the Law of God, any more Auctoryte within the Realme, than any other Foreign Bishop?

2. Item, To desire, with, all the Bishops of this Realm, to set forth, preach, and cause to be preached to the King's People, that the said Bishop of Rome, called the Pope, is not in Auctoryte above the Generall Counselle, but the Generall Counsell is above him, and all Bishops. And that he hath not, by God's Lawe, any more Jurisdiction within this Realme, than any other Foreign Bishop (being of any other Realm) hathe. And that such Auctoryte as he before this hathe usurped within this Realme, is both against Godes Law, and also against the Generall Counsells. Which Usurpations of Auctorite, onelie hath grown to him, by the Sufferance of Princes of this Realme, and by none Auctoryte from God.

3. Item, Therefore that Order be taken, for suche as shall preach at Paul's Cross from henceforthe, shall contynually from Sunday to Sunday preach there, and also teache and declare to the People, that he that now calleth himself Pope, nor any of his Predecessours, is, and were but only the Bishops of Rome; and hath no more Auctorite and Jurisdiction, by Godes Lawe, within this Realme, than any other Foreign Bishop hath; which is nothing at all. And that such Auctoryte as he hath claymed heretofore, hath been onlie by Usurpation and Sufferaunce of Prynces of this Realme. And that the Bishop of London may be bounde to suffer none other to preach at Paul's Cross, as he will answer, but such as will preach, and set forth the

same.

4. Item, That all the Bishops within this Realme, be bound and ordered in the same wise, and to cause the same to be preached thorough out all their Dioces.

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