Page [unnumbered]
Stapleton.
The principall tenour of the matters here conteyned, standeth in the confirmation of the Popes election, in cal∣ling councelles, and confirming lawes ecclesiastical. To all the whiche we neade no farre fetched or newe solution, especially seing M. Horne hym self, furthereth yt so wel, as declaryng that all thinges were donne according to the holy Canons, and sayinges of the holy Fathers: and that many of theis matters towched the polityke gouernmente of the realme. Yet let M. Fekenham now beware. For M. Horne proueth yt high treason in the people and clergy, for that Paschalis was made Pope wythowte themperours consent. And so lo, at the lengthe here is some face of anti∣quity, for our newe actes of Parliamente. Well found out, and lyke a good lawyer M. Horne. Yet I beseache you tel vs, which wordes of all that you reherse imploye plaine treason.* 1.1 I am assured there are none, onlesse yt be these. that they do no more offende againste hys maiesty▪ as your self reherse out of Sabellicus. And yf ye call thys treason, and make no better prouf, I thinke neither good grammarian, nor any good lawyer wil take your parte. For thowghe in latin laedere maiestatem, be somtyme taken for treason, yet yt is not alwayes, neither can yt be englished treason, but vpon the circumstances, which declare the acte to be trea∣son. And how wil thys cruell exposition stande I pray you with your owne declaration, in this leaf also: that thys Lu∣douicus was a milde mercifull, and moste gentle prince? Be∣side thys, it is not like he toke thys matter so heauely, for that euen as Platina your authour here writeth out of A∣nastasius bibliothecarius, a worthy authour ād lyuing about thys tyme, thys Emperour released to this Pope Paschalis his right that he had in the election of Bishoppes, geuē be∣fore