❧ THE ADDITIONS OF SALEM AND BYZANCE. LONDINI IN AEDIBUS THOMAE BERTHELETI REGII IMPRESSORIS. ANNO DO. M.D.XXXIIII▪ Cum privilegio. The introduction. BISAN. I have many times sith the making of our first dialogue, which is called Salem & Byzance, remembered the Articles of the treatise, that is called the treatise, concerning the division betwixt the spirituality & the temporalty, which was the very occasion of making of our said first dialogue: And I think verily, that if the abusions that be recited in the said treatise and other like, were reformed, great peace and quietness would shortly follow among the people. And therefore if thou wouldest my friend Salem, to encourage them that have good zeal toward a refourmation of such abusions, take the pain to recite some more things, that be misused, and over that wouldest devise some means how they might also be reform: I think it would do great good. SALEM. I shall my friend Byzance with good will do that in me is to accomplish thy desire. ¶ Of divers abusions concerning some of the seven sacraments, and divers other things, as here after followeth. The first chapter. SAL. Many curates have taken upon them to say, that they be not bound to minister the sacraments to the people, unless they be required, and that specially the sacrament of extreme unction, which commonly is called anoylling. And yet the truth is, that they are bound to give a great diligence thereto themself, and specially to admonish them that be about the sick person, that they may have knowledge when need shall require. And therefore if any die without that sacrament for lack of such good diligence of the curate, surely it is in him a great offence. 2. ¶ Also it hath been a great default in many places, that the curates will not sing mass nor dirige for none of their paryshens at their burials, no more than they will do for strangers that died within the parish, except they have money for their labour, for sith they have of their paryshens their tithes, offerings, and divers other profits and commodities, as curates customably have: Charity would that they should bury them especially that be householders, and their children with dirige and mass freely, without taking any thing for it: but to say mass and dirige for strangers they be not bound thereto, but of their charity. But yet to bury all them freely that die within the parish they are bound of duty to do it. ¶ Also it is great trouble and vexation to the people in many places, that the sacrament of confirmation is taken fro the proper curates, and is given only to bishops. For thereby the people in some places be many times put to great labours and expenses in giving attendance to the bishops. And also many children be thereby in some countries long unconfyrmed, and sometime die without it: where if the curates might confirm them, as they might first, they should be confirmed with less labour, and be in moche more greater surety to have the sacrament than they be now. And sith bishops have taken that authority to themself, and no greater consideration appearing why they should do so then there doth: It might happily cause some simple men to esteem, that there is not such necessity in that sacrament as there is in deed. For they may happily think, that if there were, the bishops would not put the children in such jeopardy to be so long without it, as they be oft by that occasion, and no greater cause to move them to it then they think there is. ¶ The prohybitinge also of bishops to grant pardons hath letted greatly the devotion to pardons, and the taking of money for hearing of confessions, and specially at pardons, hath also done right great hurt. For there is a saying, the more confessions, the greater profit. Whereby it is meant, that the profit in hearing confessions is much regarded. And that hath made many times right short confessions, and also as light & as hasty absolutions, which peradventure hath made some unware and unlearned persons to have the less regard to be confessed. 5. ¶ And why should the power of absolution that was given by Christ to all priests: be generally taken from them in any case, and specially from curates that be admitted to be sufficient to have cure of souls, and be committed only to bishops or to their deputies, which deputies percase be not many times so sufficient as the curates be, fro whom it is taken: so that it seemeth that the power of priests is restrained in that behalf by the law of man without cause reasonable, and would therefore be reform. 6. ¶ Also it would be plainly declared, where the curate may prohibit his parishens to be houseled & where not. And surely it seemeth not to stand with charity, that if a paryshener at the time of his houseling lack money to pay his duty, that he should be therefore prohibit of houseling. And sure it is, that great grudges have ensued in times passed upon such matters. A priest (if he will) may go to mass, though he be in deadly sin, and no man can prohibit him: but if the curate only by conjecture think his parishioner in deadly sin, he will prohibit him. 7. ¶ Also curious buildings of spiritual men, and the apparel thereof, which sometime be appareled with vain stories, steereth more them that beholdeth it to vanity and to a worldly love, then to any meekness or devotion. And though it be right convenient, that bishops and other spiritual rulers have convenient dwelling places after their degree, yet all would be ordered to the honour of god, and to the good example of the people. ¶ Also it diminysheth the devotion of priests greatly in many places, that there have been so many chapplens and serving priests. For they that be universally conversant among lay people, and be bound to observe worldly attendance as lay men are, can never have their mind so perfectly to prayer & devotion, as they that be curates, or be continually resident in churches. For like as there is a merry proverb in places of court, that the very walls teach the law, and that every bush in the country teareth away a piece: so it may be said, that the very walls of the church teach devotion, and that worldly company driveth it away again. And when they be in youth brought up in such worldly company, it will be hard for them in age to set their mind to prayer and contemplation. And surely if lay men would be contented for preserving of devotion in priests to forbear the service and familiarity of them more than they have done in time past, and would here mass and divine service, when they might conveniently at their parish churches, at the lest on holidays, and when they may here none, would supply it with prayer or some other good works, they should more please almighty god thereby, and more show themself to honour the sacrament than they do now, when they here masses of their chappleyns at home. ¶ Also it hath been a great oversight (as it seemeth) in the clergy, that they have made so straight laws of irregularite as they have done. For it is hard for any priest to eschew them all. And thereupon it followeth that when they fall into such irregularity, and can not by and by be dispensed with (for there is none at hand that hath that power) then never the less because they should not be noted, they yet sing mass as they did before. And that bringeth some priests into such a largeness of conscience, that they be the bolder to do likewise in other things: and so by continual custom therein can learn to live quietly in an evil conscience. Wherefore it were better, that irregularity in some points were clearly put away, than to drive them in every light point to seek for dispensations. For many men think, that such dispensations not only in that case, but in many other also, serve rather for getting of money than for increasing of virtue. 10. ¶ And there is such a like thing in religion. For they profess the old rules, which although there be also some dispensations very straight to be kept in these days, because the people be not universally so strong now as they were at the making of the said rules. And when they see the rules daily broken afore them, as well in other as in themself without correction, it bringeth in to them a quiet heart in an evil conscience, a boldness to offend, and finally a custom in sin: whereby follow many evil examples to the people: and yet they that do it, will be called holy and perfit. And sure it is, that it were better to have an easy rule well kept, than an hard rule broken without correction. 11. ¶ Also it is a thing greatly abused, that clerks do claim to have as high power, and as much liberty in their possessions & goods, as lay men have in theirs. For the truth is, that they may take of the goods that they have for their ministration, but only a reasonable sustentation for themself, and for a convenient sustenance for their household, and the residue they are bound to distribute among the poor. And in this point the law of the realm is overmuch favourable to spiritual men. For it suffereth them to make their wills and bequests of their goods, how so ever they come to them by tithes, oblations, or otherwise, as liberally as any lay man may. And though that be against the canons, yet the clergy of this realm, perceiving how favourable the law of the realm is to them in that point, hath made a constitution provincial, according to the laws of the realm, that no man shall hinder or let the probation of the same. And surely both the said laws would be reform. For they have been a right special cause, as I suppose, that hath made so many to grudge at the goods & possessions of the clergy as there hath done. ¶ Also many priests find default that some priests be in extreme necessity, and have nothing to relieve themself with, which is not as they think convenient to be suffered in priests: but they regard but little the poverty of some lay man. Our lord was poor himself: and his disciples, to whom priests be successors, were poor also, and yet some priests ween, that it is not convenient for any of them to be in poverty. I beseech our lord send us many that be rich in virtue and poor in spirit, and then the worldly poverty shallbe the more easily borne. I have red of some bishops, that have made such provision, that no priest should go abegging within his diocese, but I have not red of any such provision for lay men. But if some provision were made to relieve the great multitude of poor men that be now in extreme necessity, I trow few things were more necessary to be gone about. And over that if any pressed be in such extreme poverty as they speak of, it is most specially through the default of spiritual men, for they have devised titles for priests in such manner, that they be of none effect in the laws of the realm: And the cause thereof is, for they ask not counsel therein of them that be learned in the said laws, ne as it seemeth will not obey the kings law in that behalf, but make them titles after the grounds of other laws. And therefore priests many times were as good to be without their titles as to have them in such manner as they have now. 13. ¶ Also if the most honest and most substantial curates and priests in the country were examined, what increase of virtue hath risen by visitations and scenes, as they have been of late used: It would appear upon that examination, that little or none hath followed thereby, but that the clergy & some lay men also appear there, and pay certain duties, and then do after as they did before. And that the most lightest persons in all the precinct of the visitation, by means of rewards, shallbe suffered to continue as they were wont to do. And sith the hole clergy have submitted them to the kings grace. It seemeth that he hath good authority to examine, how such visitations be used, and to set them in such order, that virtue thereby may hereafter be increased, and vice repelled and put away. And I suppose verily, that his grace is bound in conscience to look specially upon it. 14. ¶ More over even now of late sith the statute made in the xxi year of the reign of our sovereign lord the king that now is, against pluralities and none residences, is risen this policy, that a priest that intendeth not to be resident, or that intendeth to have more benefices than the provision of the statute waranteth him to have: will labour to some lord spiritual or temporal to be his chappleyne, nothing purposing to do him service, and the lord like wise nothing desiring his service: and knowing also the intent why he doth it, will accept him to his chaplain, and so wilfully defraud the statute: Is this trowest thou my friend Byzance no offence in the lord and in the chappleyne? ¶ BIZAUNCE. I think verily yes, and that the offence is greater in the chappleyne then in the lord, if there be no cause reasonable why he doth it. And though it be more offence in the chappleyne, yet is it no little offence in the lord, that so wilfully breaketh the intent and provision of so good a statute. For the proviso of the statute was made, because it was thought reasonable, that lords spiritual and temporal should have chappleynes to do them service: but here no service is regarded. And surely by such means and other like, some priests have many benefices, where an other good honest priest, that is better worthy to have a cure than he, hath never one. ¶ Also though the people be more prone and be sooner moved to go on pilgrimages, to buy bells, or vestments, or to give money for trentals, making of chantries, keeping of obites, maintaining processions and such other outward deeds, whereby some worldly recreation or worldly laud and praise, or some good familiar cheer and worldly thank may follow, than they be to relieve poor folks that have need, whereby most commonly neither worldly praise ne other worldly commodity followeth, specially if it be secretly hid in the bosom of the poor man, as it ought to be: yet do not preachers encourage the people to relieve their poor neighbours that have need, as they ought to do: but suffer them to lie still in such outward deeds, as though all were well, when it is right far amiss. The nature of man is much inclined to be lauded and praised, and therefore the people would be continually instructed, that such laud diminisheth greatly the reward that they should have of god for their good deeds. And they should be instructed also, that what good deed so ever they do, they ought to trust more in the grace and goodness of god then in the deed, how great so ever it be. How be it in whose default it is, that it hath not been so in late time paste, I will not speak of at this time, but commit it to other: but through whose default so ever it hath been, if it could yet be reformed and brought into due course, it were right expedient, and nothing more than it were. I red ones a narration, that there was a poor sick man that lay bedrid, and had nothing to secure himself with all, whereupon a neighbour of his saying his extreme necessity, moved with pity, appointed one of his servants to see him have meat and drink at certain hours, as need required, whereby the poor man was greatly relieved a long season. So it happened that on a time the servant that was wont to bring him meat, had business, so that he might not come at the hour accustomed: Wherefore the poor man was very angry both with the master and with the servant, saying, they had no pity on their poor neighbour, and that if they were in like case as he was, they would be loath to be so served themself, and prayed our lord, that or that they died, they might feel the pain that he felt. with those words the servant came with meat. And yet the passion of the man was so great, that he could not forbear, but that he spoke like words to the servant. Then the servant was angry and said, that he saw well, that his master and he both had lost all their cost and labour, and so not contented with the poor man departed, and told his master all the matter, and that he thought it were well done, that he should let him alone, till he could meekly yield him thanks for his good deed. The master answered and said: I do not that I do for any thank that I look for of him that I give it to, and sith he giveth us no thanks for it, our reward shall be the more of god. And so he caused his servant to do as he had done before. ¶ But yet though this man took it thus charitably, it is very like that most other men would in such case have withdrawn their good deed. And surely such chances will fall among, if men should set their minds moche to relieve poor men. As if a man lent money to a poor man at his need, and at the day he asketh his money, it might hap that if he asked it twice, that some poor man would say, that he was very hasty in the asking, having no need to it, with such other unfitting words. And would not this happily discourage some man to lend money to other poor men in their necessity? I trow yes, and yet it should not be so. Therefore such demeanour would be much reproved in poor men. And the rich men would be also counseled not to withdraw their good deeds after their power for such demeanour, which in deed increaseth their reward greatly before god. And if preachers did encourage the people to suffer such things all that they could, and yet some men would be the more slack to help other poor men for such demeanour: how will it be then thinkest thou, if men be nothing encouraged nor put in mind of such sufferance, but be comforted as well by secret counsel in confession as by preaching to give money for souls inpurgatorie, or in such other manner as before appeareth, as though that should suffice unto them? will not then the Charity to their neighbours be lightly forgotten, though it be undoubtedly the best? It is no doubt but it will. And well I wot, that in the time of that, that is now called the old catholical preaching, the charity to our neighbours is nigh forgotten, & the abusions concerning pardons, pilgrimages, purgatory, pompous burials, tithes, offerings, and such other, have be marvelously multiplied and increased, and yet I have hard but of very few in comparison, that have looked to the reformation of it, our lord amend it, when his will shall be. Amen. 16. ¶ Also many preachers in time past have turned a great part of the tale to the maintenance of the liberty of the church, to the honour of priesthood, to fear the censures of the church, though they be given without cause, and to obey all laws made by the church, and to do as priests do teach, and not as they do, sufficeth to lay men: and such other like, that the people have misliked greatly. And when religious men have preached, they have much persuaded such things, as have been for their singular profit and commodity, so moche that it hath rather diminished the devotion of the people than increased it. And therefore I am far deceived, but that the most part of all the defaults and discords that be now in the temporalty, have risen through the default of the spirituality. But yet I mean not that all such discords be risen by the default of spiritual men, that be now living. For undoubtedly they were begun before their time by their predecessors: but yet my meaning is, that the spiritual men that now be, are bound before any other to help to reform such things all that they can: And I trust that there be many dispoposed so to do, if they had help. 17. ¶ Also it is a great oversight, that priests account a default in one priest to sound to the rebuke of an other priest, because they be all of one order. And that yet they go not about to reform them that so offend. And so it is likewise of religious men: and they grudge more in their hartis against him that maketh an evil report of one, that is of the same degree that they be of, though it be true, than they do against them that make an evil report of an other, that is not of the same degree that they be of, though it be untrue. And surely that is a great default, and many great inconveniences follow upon it, that I will not speak of now. And there is no reason why they ought so to take it, sith the default of one priest is no more reproof to another, thenne the default of one lay man or lay woman is to another. BYZANCE. It is true in deed as thou sayst, but yet the thing that most miss liketh priests and religious men in such reports, is that they take it to be spoken to the reproach of all priests or religious, and so some will say in deed, that it is a shame to all priests. SALEM. If any man say so, he is far overseen. And priests that be the lanterns and light of the world, ought most specially before any other to take patience at such things, and rather to desire, that the priest that is reported of, might come to reformation, then to take the matter as though it pertained to themself. And verily the truth is, that a default in a lay man or woman soundeth most commonly more to the reproof of priests, than doth the default of one pressed to an other: unless he be a special occasion thereof himself. For priests are more bound to lay men then commonly one priest is to an other. For they have their living of lay men, and are thereby more specially bound by a dew order of charity to procure their health of body and soul before other that they have no such profit of. BYZ. yea but the living that a priest hath is most commonly but of some particular lay men, that are but few in number as in comparison. And when he hath done his duty to them again to pray for them, & doth for them as his duty requireth, then is he never a whit bounden to other lay men that he hath no profit by, but is then bound more to an other priest, that is of the same order that he is of, and that is also in a more perfit way of living than lay men be, than he is to other lay men. And ought therefore to mislike more an evil report of a priest, then of a lay man, and so ought lay men to do like wise, if they would follow the due order of charity. SA. As to that reason a secular priest were more bounden to be discontented with an evil report of a monk or a frere then of a secular priest, for they be priests as he is, and are in a more perfit estate than he: and yet the common experience proveth, that they are not so, but rather be oft times right well contented, to here an evil report of religious men, and they like wise of them, and therefore the truth is, that the affection that one priest hath to an other in such case, is of a proud singular love that he hath to himself: rather than of a charitable love to other priests. And here it may be considered, how far we be fro the charity of saint Paul, when he said, ad Gal. iii. There is no jew, there is no greek, there is no bondman, there is none free, there is no male, there is no female, as who saith, the charitable man setteth no difference betwixt country and country, betwixt state and state, ne betwixt kind of male or female. For as it followeth in the said text, we all be one in Christ, that is to say, we christian men ought to love each other in Christ, of what degree or condition so ever we be. And surely lay men do thus to spiritual men, and many times love a priest, a monk, or a friar better than a lay man: but they will not commonly do so again, unless some profit or commodity come to them thereby, our lord amend it, when it pleaseth him. Amen. BIZ. I pray the proceed now to some other matter. 18. ¶ SALEM. It is also a great default in many spiritual men, that they have made pretence, that the tenth part belongeth to priests by the law of god, for by that pretence all customs prescriptions of none payment of any thing that is tythable, though the curate have sufficient beside, are clearly disallowed in spiritual courts, and yet though some question be now lately risen, whether the tenth part be due by the law of god or not, no man endeavoureth himself to set the matter in a clearness, but suffereth it and divers other things also to rest still in doubt as they have done in times past. Therefore the statute of xlv E. iii. commonly called the statute of silva cedua, which is taken by many spiritual men to be against the law of god: would be seen, and if it be against the law of god, than it would be broken, and if it be not, than it would be confirmed, and ferther be prohibit that none upon a pain shall say so hereafter. For if it be suffered to stand still as it doth now, undontedly great variance and expenses will follow thereupon hereafter. And spiritual men are specially bound to do that in them is to put such things out of argument, and to set such matters in such a cleretie, that it shall appear, that they would not take one penny of the people for their spiritual ministration more than they ought to do of right. And that they seek rather the health of their souls, than any lucre of their goods. 19 ¶ Also it is a right great oversight that in matters concerning temporal things, and whereof the spiritual court may yet after the custom now used in this realm hold plea, that they will judge therein after the law civil or canon, and not after the law of the realm as they are bound to do, and that upon no less pain than upon the pain of restitution, and yet they do not thus upon the prescription of tithes, but follow a special prescription devised by themself, which in this realm bindeth not ne giveth no right. And in like wise it is if a man by his will bequeath to one an other man's horse, this bequest after the laws of the realm is utterly void, for no man after the laws of the realm, may lawfully give or bequeath that is not his, and yet in the spiritual court, they judge the bequest to be good after this manner: that he to whom the bequest is made shall have the value of the horse, and surely thereby they bind themself to restitution, and so it is of the age of infants and many other things, wherein the laws do vary, whereof I will no farther speak at this tyme. 20. ¶ Also it is a great oversight, that such things as at the beginning of the church were refused by many spiritual men, because they thought they would let and diminish their devotions toward god and ghostly things, be now so universally accepted and used by them that be of the same order and degree that they were, that refused them, but the particular hurts and offences of consciences that have followed upon that doing, I will not touch at this tyme. 21. ¶ Aso it is a great oversight in many religious men, that they will pretend, that the weigh of their religion is the surest way to salvation, and surely it would be prohibited, that no man upon great pain should hereafter presume to say so. 22. ¶ Also this point hath done great hurt, that men will so lightly report as they do, that there be many heretics, yea and they that be of that appetite to have it so noised, use this polici to say that heretics will first cause small heresies to be sprungen abroad, to the intent they may after bring in greater, and by though words (greater heresies) they mean that some men be of opinion, that faith sufficeth without good works, and that they would have all things in common, which if they could bring about, it were in deed as they say a plain destruction of the common wealth, & they will affirm stiffly, that if they be suffered to continue, they will in conclusion bring it about. And how perilous a speaking that is, it is evident, for there can no man tell, whom it toucheth: and therefore it may lightly cause great grudge in the hearts of many people. And as the truth is, it hath done so already. And now as to those two articles I will say thus far therein, that in good faith I know none that holdeth opinion, that good works be not necessary to salvation, specially in men that have full use of Reason, ne yet that all things ought to be in common. ¶ And I suppose verily, that there is noted to be a greater variance in though points and in divers other also, then there is in deed, if the very intent of the parties were perfitly known, and if it be so, then is there a greater default in them that will so lightly judge other to be heretics, than there is in them that they note to hold those diversities of opinions. 23. ¶ Also what a great abusion is it in many spiritual men, as well religious as other, which be specially ordained for the maintenance of the service of god, that they keep in their hands pastures and grounds, which sometime were towns or villages inhabited with people, which right moche maintained the service of god, and many of them keepeth in their hands also, parks for feeding of wild beasts, that might right well be made the feeding of Christian people, and that in great number: and thus they that most specially aught to maintain the honour of god, and increase his service, greatly decay it, destroy the people, weken the power of the king and of the realm, and delay the repairing of the fall of angels very moche, and though some temporal men have such pastures and parks as well as spiritual men have: yet the greater default in the keeping thereof is in spiritual men, and therefore have I spoken of them first. 24. ¶ Also there goeth a common report abroad among the people, that spiritual men be most commonly more hard and straight in making of leasses, reting of rents, levying of fines, taking of heriottes, allowing of reparations, allowing of fees to officers and such other, than any lay men be. And as it is said, they take occasion to do so under pretence, that all that they do is for maintenance of prayers, and of the service of god, so that it is in God's quarrel all that they do. And therefore if they take any suit for any right that they claim, or that any suit be taken against them, they are most commonly more extreme and further from a mean way, thenne any lay men be. ¶ And this doth great hurt, & maketh the people to grudge against them, and to esteem great partiality and covetise in them, and so will it do as long as it continueth, let them cloak it under the colour of God's quarrel all that they can. BYZ. They must needs sue for their right, and also defend it. For else it might happen, that they in process of time should have but a little to live with. And such a report as thou speakest of may lightly go abroad without cause, and therefore they may not lose their right for such exclamations. SALEM. As the common proverb is true, that there is never smoke without some fire, so is it true, that this report is not risen without some cause, though peradventure the cause be not so great as the report is. ¶ And truth it is as thou sayest, they must needs few for their right, and also defend it. And I agree well, that it is very hard also to know, where a man is extreme in his suits, and where he is extremely handled, and therefore I trow the best remedy were for them to dispose themself in doubtful things rather to be over sufferable. 25. ¶ Also it hath been a right great oversight in time paste, that the deformity of the body hath been more misliked in them that should be admitted to be priests, than the deformity of life, or lack of moralle virtues, or of learning. For if he be personable, the lack of such things, as it is said, be soon passedde over, as though the goodliness of the person should sound to the honour of pryestehoode, but surely it is meekness and charity, that bring to pryestes the very true honour. 26. ¶ Also if it were well considered, there are few ceremonies of the church, but that they sound either to a pre-eminence or else to a profit of priests, and that hath caused some persons to find default at such ceremonies, which as far as ever I could perceive, be of themself right good as to the most part, if they were handled with meekness in the ministers, as they should be. BYZ. But I pray the what be those ceremonies, that they mean of? SAL. They mean of creeping to the cross, and of the disciplins afore Easter, that the bride must be given to the priest, and that the bridegroom must kiss the priest, of the hallowing of candles, churches, images, and bells, and of the bearing of candles on Candelmas day, of sensing the ministers at certain feasts, of lighting a candle before the Gospel, or else not to proceed any farther, ne that none shall say Dominus vobiscum, but he be within holy orders, and of divers other more then I can remember now. BYZ. All these be good and commendable. SAL. I think they be. And yet many men ween, that if there were no money offered at the creeping to the cross, ne money given for hallowing of churches, images, and bells, that those ceremonies would last but a while: and undoubtedly there be many that think, that there be sometime divers ceremonies at mass, that were rather brought up for an honour to the ministers then of the sacrament, or of the service of god. And therefore they say, that if less worldly pomp than is many times used about the ministration of it, it would please our lord better, and be also more edifying to the people than it is now. 27. ¶ Also bishops that be canonized have a proper common appointed unto bishops, and this Antyphon, Ecce sacerdos magnus, is often in their service. And kings that be canonized have most commonly the common appropried to an abbot. And me thinketh that, that is not ordered, as it should be. For as me seemeth the clergy can not of congruence give no less honour to a king then to a bishop. BY. The canonizing of saints, ne yet the service of the church profiteth nothing the saints. And therefore it forceth little what antyphan or commons they have. SALEM. It is true as thou sayest, but yet such canonisations and the service ordained upon it, be occasions to encourage them that be of the same degree as they be: to desire like virtue as they had that be so canonized, and sith the virtue in princes is most necessary to the people and to the whole common wealth before all other: it seemeth somewhat to be marveled, why such canonisations have not been so ordered, that they should encourage princes to virtue more specially than any other. BYSANCE. Pryncis glorify themself but little, for the canonisation of other princes, ne care but little for the service appointed to them. SALEM. But yet some spiritual men have for themself regarded such things in time passed right moche, and me thinketh alway, that they ought to do likewise for kings and princes, yea and that more then for themself. BISANCE. Well I perceive now, that thy meaning is, that spiritual men have in such canonisations been more diligent to canonize one of the same degree, that they be of, than any other, as bishops of bishops, priests of priests, and religious, of religious, and specially such as be of the same regular order as they be. And yet though it be so, it is no default in them, as me seemeth, but rather a praise: for it is an envy for virtue, which is called pia invidia, a meek envy, and that is commendable. ¶ SALEM. Envy in virtue is commendable, as thou sayst, but an envy, who may have his virtue more known, or moor lauded and praised then other, is not commendable. And it is very like that such things have been seen in some men, concerning such canonisations in time paste, but in princes no such affection can be judged. For commonly less honour is given to princes that be canonized, then to other, as it appeareth of saint Lucius that was the first king christened of the Brytons in this realm, and of saint Ethelbert, that was the first christian king of english men, which be but little known, and have but little honour in comparison of other, and that me thinketh is not well ordered. BISAN. Well I perceive thy mind now in this matter more perfitly than I did before, and now sith thou haste spoken before of canonisations of saints, I pray the let me here thy mind, to what intent they were first ordained, and who hath authority to make them. SAL. One cause why they were ordained, was to increase virtue in other, specially in them that be of the same degree as they were, that be so canonized, as I have said before, and it hath been most used for them that have lived a good and a blessed life, above the common sort of other good christian men, to give the people god example in prayer, fasting, and alms deed, in suffering of tribulations, and vexations for rightwiseness patiently, or such other. And if it please our lord to show miracles for him, whereby it appeareth that he hath accepted his good works, that is a thing much necessary in such canonisations: An other cause of such canonisation hath been also to eschew schisms & variances among the people, when one would worship one as a saint, and an other would say he were none. And in the chapter Extra de reliquijs. Ca Audivimus, It is said, that though miracles be done, that yet it is not lawful to worship any as a saint without authority of the see of Rome. But what authority the see of Rome hath to make such a canonisation I never hard. How be it five reasons be made in the gloze, De reliquijs et veneratione sanctorum. Ca unico, Gloriosus libro. 6. why the see of Rome ought to do it before all other. ¶ first is, by cause the canonisation of saints is one of the greatest causes, that may be pourposedde among christian people. The second is, that because miracles be ascribed to the faith. Therefore this question sith it is notably of the faith, is to be referred to the see apostolic. The third, because it pertaineth to the pope to open and declare the doubts of scripture, therefore of stronger reason he ought to open and declare the doubts of holiness. The fourth is that it ought only to belong to the See of Rome, leeste by the simplicity of many bishops, the people should happen to be deceived. The fift, least the saints canonized should be increased to a number infinite. And so thereby devotion wax cold, and holiness little set by. These be the reasons of the said Gloze, and as me seemeth, they prove not the intent, that they be made for. ¶ And as to one of the said reasons it is apparent, that it doth not. For it is evident enough, that one bishop may sooner be deceived than many bishops: and all the residue of the said reasons I commit to the judgement of the readers. And where in the same gloze, it is said ferther, that if the church err in the canonisation of a saint, that yet it is not to believe, that it erreth. Surely if the church err therein in deed, it is marvel, why it may not be believed that it erreth, for the truth is always to be believed, though sometime after the law of man, a man may be stopped to say the truth, as it is in divers cases of estopelles, in the laws of England, where a man may be estopped to say, that he knoweth verily is true, but yet all though he be so estopped to say the truth, he may believe therein as he list, and so reason would he should do of such canonisations. And therefore I think, that the meaning of the said gloze is, that if the church upon untrue profess canonize one that is no saint in deed, that yet if a man will say, that he is no saint, that he offendeth in that saying. For why, to say that he is no saint, is is asmuch to say, as that he is in hell, for all that be in heaven or pourgatorie be saints. For they in purgatory be sure of salvation, though as some hold opinion, they lack the fruition of the godhead: and that therefore it is right good and charitable to pray that they may be brought to it. ¶ And then sith it is an offence to affirm opinatively, that any person that is departed is in Helle, unless it be proved by scripture that it is so, as it is of Cayme, judas, and some other, more stronger he offendeth, that will opinatively say, that he whom the church hath canonized is in hell. But though it be agreed, that it is an offence to say that he that the church hath canonized for a saint, is no saint, yet why it should be herisi to say he is no saint, sith it may be true as he saith, and as the said gloze affirmeth that it may be, I see no reason. For they themself that have canonized him know not ne can not know assuredly, that he that is so canonized is in heaven, but that they have a good trust that he is so. For the witness may deceive them, as is said before: And according to the same effect it is said, Extra de senten. excommunicationis a nobis secundo, that the judgement of god is so knit to the truth, that it never deceiveth ne can not be deceived, but the judgement of the church followeth oft times the opinion of men, & so it may be untrue, & deceive, and also lightly be deceived. And more over one of the principal intentes of such canonisations, is when any opinion riseth among the people, that such a man is a saint, and that some begin to honour him, and some haply say they do not well to set the matter in such an order, that there shall be no schisms thereupon among the people. But if any opinion rise among the people, that any is holy and blessed, and miracles be done, than it is suffered, that the people may honour them, if they be not prohybite by the superiors, not withstanding the said chapiter Audivimus. ¶ And under this manner king Henry the sixth, and master Iohn Shorn be suffered to be worshipped, which be not canonized. And what a canonisation trowest thou had the apostles, and such other holy men, in the beginning of the church? BISAUNCE. I trow none, but that the holy ghost witnessed in the hearts of all the people, that they were holy and blessed, and that sufficed without any further canonisation. SALEM. Surely it is as thou sayst, but of some other new saints, it hath not been alway so, but when some hath holden one very holy, an other hath doubted at it. And therefore to keep the people in a good quietness in that behalf. canonizations have been made, not that the people should be bound thereby to believe their holiness, as to an article of the faith, but to give them occasion the rather to agree therein in one, sith so many great clerks have allowed the witness in proof of his holiness, as there hath done. ¶ And therefore though it were admitted that he were an heretic, that would obstinately hold opinion, that the church gathered together in the holy ghost may err in a thing that is of the faith, & that this is of the same effect, for as much as the canonisation of a saint pertaineth to the Faith, because that in the inquiry of his faith, and of his moralle virtues, and of his doing miracles standeth all the matter: it may be answered, that the cases be not like, for two causes. First for that such a canonisation is not appointed by the laws to the whole clergy, ne to the general counsel, but to the see of Rome only, and undoubtedly that see may err, deceive and be deceived. For that see maketh not the church. second in such a canonisation it sufficeth, if the witness affirm, that he was a man of a true faith, without rehearsing all the articles of the faith in special. And therefore the determination of the articles of the faith followeth not thereupon: And that the church may not err in things that be of the faith, I take it to be understand, where any great doubt riseth concerning the faith. And that, that doubt is committed to the church: whereby I understand most properly the general Counsel, that they then may not err. And thereto I can right well agree. For it is not to think, that our lord that is the very truth, would leave his people without a dew mean how to come to knowledge of the truth: for that will not leave any one particular person in such doubt, but that he may come to the knowledge of the truth, if he will fully put his trust in him. And therefore it is said. 2. par. xx. Cum ignoremus, quid facere debeamus, hoc solum residui habemus, ut oculi nostri ad te dirigantur, that is to say, Lord when we be ignorant and wot not what to do, this only remaineth to us for our comfort, that we lift our eyen up to thee, as who saith, that sufficeth unto us, so that we shall not err. But in such a canonisatyon, though all the hole clergy did it, they might err. For it is but matter in deed: and more stronger these of Rome may err therein. BYZ. This manner of reasoning is dangerous. For it might lightly induce the people to set at nought the order and decrees of their superiors. SAL. As to that thou knowest well, that no man hath power to make laws to bind other, but he have authority thereto of god. And if it can be proved, that the clergy have authority of god to canonize a saint, and that they be all heretics, that believe it not, it must be obeyed, our lord forbeade it should be otherwise. But if it can not be proved, that they have that authority by the law of god, but that they have it only by a custom and sufferance of Princis, thenne the reasoning of it shall do good to cause the matter be known as it is. And yet may the saints that in time paste have been taken for holy and blessed, be still so taken. ¶ And then also shall it not be taken for heresy, that is none in deed: but the very true intent of canonysations shallbe known. ¶ And I suppose farther, that it were no great matter, whether any were canonized hereafter or not, if the people would be quiet without it: and not be so new fangle to pilgrimages, as some have been in time paste, and then to keep the people in quietness and in good order in all things, kings and princes are most specially bounden to before any other. BYSANCE. Pryncis can not determine, who hath a right faith, and who hath not, ne what is a Miracle, and what not. ¶ SALEM. To examine all the particular articles of the faith, is not necessary in canonizations, as I have said before, and what is a miracle, and what not, Pryncis and their counsels may have knowledge sufficiently: And therefore as me m it pertaineth most specially to them to order and appoint such canonisations atte a general Counsel, rather than to any other, taking the clergy to them as their counsellors in that behalf. But for as much as Princis have in time past little regarded such small matters, being occupied in more urgent causes, for the common wealth, bishops and spiritual rulers have looked upon such canonisations, which the people have obeyed, and princes have assented, and therein they have done right well: and after by the long continuance and sufferance they have claimed, that they of right and none but they ought to do it: and yet have they not only claimed that to the hole clergy, but have so handled the matter, that it hath been brought only to the see of Rome to do it. And thereupon pretence hath been made, that who so ever that see will appoint to be taken as holy and blessed, shall be so taken upon the pain of heresy, and to be taken as a schismatic divided from god, and his church, and whether that hath been a great oversight, and a right great abusion or not, it is apparent. BYZ. If one prince authorized one as a saint, yet peradventure an other prince would not so accept him, and so it might happen to make variances betwixt the countries, when one would take one as holy and blessed, and the other not. SAL. And therefore it were most convenient, that it should be done at a general counsel. And that princes and their ambassadors should be therein judges, taking the spirituality as their counsellors in that behalf, as is said before. BIZ. If a man would say abydingly, that Peter and Iohn were not holy, I suppose it were heresy, why should it not be so likewise, when a saint is canonized: and the people hath of long time accepted him for holy and blessed, be heresy to say abidingly, that he were not holy ne blessed: SAL. To say that Peter and Iohn or any other of the apostles were not holy and blessed, it were against scripture? For our lord said to the apostles, Luce. 22. I ordain to you as my father hath ordained to me the kingdom of heaven: that ye shall sit upon my table in my kingdom, judging the xii tribus of Israel. No man therefore may say that the xii apostles be not in heaven, but he say against scripture. And so the very scripture is a sufficient canonisation for them. But it is apparent enough, that it is not so of other saints, that be not canonized by scripture, though they have by reason of their holy life & miracles been accepted for saints never so long. And therefore though a man, that would say, that he that were so canonized, were not worthy to be canonisid, did not well, ne were not to be commended, because he went so far fro the common opinion of the people, & of that the clergy hath approved, yet it should seem not to be heresy to say it. BY. what is it then to say, that another man that is not canonized, is as good & as high in heaven, as Peter or Iohn? SAL. Surely it were a foul presumption, & a great oversight to say it: but yet it were no heresy. For it denieth not but that Peter & Iohn be in heaven: and I trust that there are none of that opinion. And if any man of malice, & to make a rumour amongs people, will report that there be certain persons of that opinion, they offended right grievously therein. And surely such reports have done great hurt, and would be well looked upon here after. For there be many so light of credence, that though the thing spoken be to the hurt of a right great multitude of people, yet they will anon report it over to other, not knowing that it is true that they say .29. And now if thou wilt give me the herring, I will show the a little of my conceit, concerning the chap. Omnis utriusque sexus, which is ex. de pen. & ramiss. BY. what thinkest thou of that chapter? SA. That it is not so reasonable in one point as me thinketh it should be, & that for this cause: every person man & woman, after that he or she cometh to the years of discretion shall thereby specially once in the year be confessed to their own priest, whereby is understand their own Curate: how be it, it is decreed after in the same chapiter, that if a man upon a just cause will be confessed to an other priest: he shall first ask licence of his own priest and obtain it: for else the other priest (as it is said there) may neither lose him nor bind him. But it is not expressedly declared in the said chapiter, that if a man upon a just cause ask licence of his proper priest to be shriven in an other place, & he of malice or frowardness refuseth to give him licence, whether he may thereupon be shriven at his liberty in an other place, & some have said that in that case, the paryshen is bound to go to the superior, and that he may compel the curate to give licence. And some other have said, that the superior may in such case give licence himself. And many curates pretend the contrary, because the words of the said chapiter be so general, that licence must be obtained. And therefore they say in all cases the paryshens must be shriven of their proper curates, whiles the curate be content to give licence to the contrary. And therefore for a more clear way in conscience in this behalf, many parishians have in times passed obtained from Rome, that they might choose them an able confessor, and a great multitude of such licences have been purchased, as it is well known, which hath be right great charge to the people in many places. And yet curates have held, that not withstanding such licences, religious men, because they be neither elected by the people, ne appointed by the bishop, to have the execution of a priest's power over the people, be none able confessors, and divers men have been of the same opinion. And therefore a further question hath been moved there upon, that if any religious men have obtained a privilege, that they may enjoin penance to the people, whether that then they be able confessors, so that they may lawfully here the confession of an other man's parysshen, that hath such a pardon, as is afore rehearsed, and no licence of his curate or not, and yet many curates have said nay. And the gloze upon the same chapter, Omnis utriusque sexus, upon these words, Alieno sacerdoti, is of that opinion, as to the reder will appear. ¶ And by these diversities of opinions have risen great variances and strives bytwixte curates and their parishens, where most love and charity should be, to the right great peril and danger of the souls of many persons: & it is very like so to do as long as it shall be suffered to continue as it doth. It seemeth therefore right expedient, that the rulers provide a convenient remedy in this point, in as reasonable time as they can. ¶ And furthermore if spiritual rulers would now in this dangerous time, for the avoiding of such abusions, as be here before remembered, and of divers other here omitted, whereby great gruges have risen in many parties of christendom, be diligent callers on to have a general counsel, not only to avoid such abusions, but also to determine, what power the clergy ought to have, by the law of god, and what by custom or by grant of princes, and what not. And that they would be be contented to renounce all such authority as the said counsel should think expedient to be renounsed: than it will appear, that they intend the honour of god, and wealth of the people. And if they will endeavour themself to defer the general counsel, & resist it to their power, then it is a likelihood, that they will do what they can, to maintain the authority, power, & worldly honour that they have had in time paste, without abating of it. And if it be so, all princes christened are bound in conscience to look on it: and not to cease, till they have by one assent reformed, that is amiss in that behalf. BIS. peradventure they would be the loather to such a reformation, for it should show a default in their predecessors, in that they would pretend to have a power, where they had none: and that they would also suffer such things, which now be taken for abusions. SAL. That pretence and sufferance was not begun by the bishops that now be, and if they had, yet they ought not to ponder it so much, but that they should reform it if they could, according to this counsel, that saith, that that we have unadvisedly done, let us advisedly reform again. And if they will do so, I think verily, they shall have more true honour in the hearts of the people, than they have had in time past. And it is not for spiritual men much to regard such temporal honour. For they may more lightly offend in accepting of it, than temporal rulers. For they should ever steer the people by word and by example to perfit meekness, and to despising of all worldly pleasures: and such worldly honours in spiritual men, break that example very moche. More over it is not very like, that these grudges and murmurations that now be among christian men will be appeased, but it be by a general counsel, or by battle. And battle can be no reasonable judge in this case. For I here of no matter that is now in variance, but that it may right well be determined by way of counsel. And the people as far as ever I could perceive, are much desirous to here the determination of the superiors therein, & ready to obey, and are not inclined to any one opinion articuler or singular affection so much, but that they are ready to be reform: & desire nothing more than to know the truth, and to have perfect meekness appear among the clergi. Who may then in this case with out offence take the sword, not assaying first, whether all might be appeased with Love and Charity without the sword? I trow no man will say that any man may do it. And furthermore it appeareth in a book that is called Libellus de moribus Turcarum, that there be among the turks four divers opinions, who shall be saved, whereof the first opinion is of them that say, that no man may be saved, but by the law of Mahumite. The second opinion is of them, that say the law of Mahumyte profiteth nothing but the grace of god, the which they say profiteth without law or merit. The iii opinion is of them that say that every man shallbe saved by his merit without law or grace. The four is of them that say, that every man may be saved in his own belief, & that there is given to every nation a law by god, in the which he may be saved. And that no law is better than an other, how be it they that be of that opinion, be much suspected among the Turks, and be taken as schismatics, and be grievously punished, when they be found. And therefore they keep themself secret, and dare not show their opinion openly: but they that be of the other three opinions, be all of great multitude and power, and dare well avow their opinion. And thereupon riseth many times great arguments, variances, and debates, which sometimes can not be appeased without great battle. And therefore he that is strongest hath his way preferred for the tyme. And these opinions can never be clearly determined among them, because they lack a ground to bring them to the knowledge of the truth therein: for the book of their law, which they call the Alcoran, is so full of lies and vain trifles, that it bringeth them alway that look upon it, into more doubts than they were before. And therefore their priests be always sorry, when it shall be brought forth. For they know well, that the more it is looked upon, the more the falsehood thereof will appear. But we be all in an other case, for we have such a law, that is to say the law of Christ, that if we will with meekness study how we might come to the true knowledge of it, we shall plainly see in it the true conclusions of all things that be necessary to our salvation. And if our priests would be loath to have the law of the gospel known, it could not be thought to be because the truth will not appear by it, for in deed as they know best, all truth appeareth in it. And therefore if they should resist to have it come to perfit knowledge, it were like that they did it for fear that it should appear thereby, how far their manner of living now in these days varieth fro it, than that they should doubt that the troth would not appear by it: what then should move us to leave that truth, and turn us to the uncertain chance of battle and war? If we do so, we show ourself by our deeds to follow the Turks and sarasyns rather than our master Christ, though we would with our words happily say nay. And if such a general counsel were gathered, it is no doubt, but that they would wholly agree, that the clergy should have all the power and authority that was given to them of Christ. For they might not take it fro them if they would. And over that it is not to suppose, but that they would agree also: that the clergy should hold and enjoy all such authority, liberty, & power, as hath in time passed been granted to them by temporal princes, or that they have by custom had possession of, so that it stand with the honour of god, increase of the faith, and the tranquillity of the people. And if they pretend to have any authority, that standeth not therewith, it were neither good for themself, ne for none other, that they should have it any longer. And ferther more there is yet one thing, that doth as much hurt, as I trow any other thing doth. BYZ. What is that? SAL. That there is an opinion among moche people, that many of the clergy, both spiritual rulers and other under them, have taught & preached in times passed divers things, more specially for their own singular profit and honour, then for the honour of god or wealth of the souls of the people, & that yet they endeavour themself no more to ease the minds of the people therein then they do. For neither do they make it appear to the people, that they grudge therein without cause, and so offend god thereby: ne yet reform they not that that the people grudge at. And now if any man will say, that good indifferency would, that we should have touched also defaults in the temporalty more then we have done, to that I will say thus, that I am right far deceived, but this be true, that the world shall never come to a good peace and perfit reformation, till the spirituality, either by their own free will, or else by a good diligent calling on of the temporalty, be first reformed, and that then they in charity and in a pure love to god and to the people, put to their hands to reform such things, as they think to be misused by temporal men, which if they do, it is not to doubt, but that they shall right shortly bring the matter to a good effect. For it is no little thing, that spiritual men may do therein, if they will, and if they will in no wise lay their hands to the matter, I think verily, that it will be hard to bring the world to a good reformation: but that it shall abide still out of order, as it hath done in time paste. ¶ Who is the higher judge in such corrections, as be called spiritual corrections, the king or the clergy. The second chapter. SAL. If the party in any suit in the spiritual court will appeal, the order of his appeal is appointed by the statute made an xxv R. Hen. viii. and the statute is, that if he appeal fro the archbishop, that he shall appeal to the kings majesty in his chancery, and that upon every such appeal a commission shall be directed to such persons, as the king shall name to determine the cause without further appeal. And sith the king may appoint commissioners to determine the cause, I hold it no great doubt, but that the king himself is the high judge upon every such appeal. BIZAN. yea but my meaning is in such suits, where there is none appeal taken: but that the spiritual judges give sentence against the party, and appoint him percase to do unreasonable penance, whether he may have any remedy by the law of the realm. SAL. What thinkest thou in that question? BYZ. That he hath no remedy by the kings law. For if he obey not the sentence, he shallbe accursed. And if he stand accursed xl days, the king, upon the Certificate of the bishop, is bound of justice to award a writ, that is called a writ de excommunicato capiendo, and thereupon shall he lie in prison till he have aswell satisfied the church of the contempt, as of the wrong done to her. For the statute of Circumspecre agatis is, that corrections, which prelates make for deadly sin, as for fornication, adultery, & such other: the spiritual judge, if he proceed to the correction of the sin, shall hold plea, not withstanding the kings prohibition. And by the statute of Sub qua forma, if bodily penance be enjoined, and the party will freely redeem it for money, he may do it. And so it seemeth, that the corrections of fornication, adultery, and such other, by the which term (such other) be understand usury, simony, yea and perjury, and slander in some cases, pertain of very right to the prelate's to correct. And though they assign unreasonable penance, yet I suppose there is no remedy, but by appeal. And if the party lose the advantage of his appeal, than he hath put himself without remedy. And furthermore by the constitution provincial, that is in the third book among the constitutions, De immunitate ecclesie, which beginneth, Seculi principes, It appeareth, that he that is in prison, for that he is excommunicate, ought not to be delivered till he have made satisfaction as well to the church, as to the party: And so sith the church may assign the satisfaction, it seemeth that the church is the high judge. SA. I perceive thy conceit well, but ere that I answer the therein, I shall show the my conceit in another thing, that is to say, that as I suppose, such spiritual corrections as now be used for fornication, adultery, and such other be not merely grounded upon the law of god, but by the law of man, & in this realm they been done by the clergy, by a custom of the realm, except only the process of excommunication. And if the kings court had used to have holden plea also of fornication, and adultery, and such other the clergy could not of right have complained of it. And I hold it no great doubt, but that the parliament might yet ordain, that it should do so hereafter. But peraventure it was thought at the beginning of that custom, that it was more ease for the people, and less expenses, and peraventure more convenient to have such small matters sued in the ordinariis court, then in the kings court: and therefore it was then so suffered to be. But if it should happen to appear by experience, that it were as good or better to the kings subjects, to have susue matters determined in his courts, as in the ordinaries: It should seem good to bring such corrections to the kings court. For though sins may be corrected there, as well as in the spiritual court. For it is here to be noted, that although a man be enjoined in the spiritual court to do such compulsatorie penance as is there commonly used, and he doth it: yet he must after that be confessed of the same offence, & take penance of his ghostly father. And so might he do if he were first corrected in the kings court. Nevertheless I speak not this to th'intent, that I would that such suits should be brought to the kings court, but that it may appear, that prelate's hold plea thereof by the custom of the realm, and by the sufferance of the king and of his laws: and not by the immediate authority of the law of god. BYSANCE. If they may hold plea of such things, it is all to one effect, whether it be by the law of god, or by the law of man. SAL. Nay for if they have it only by custom, it may with a cause be taken fro them, and that may happily cause them to take the better heed, how they order themself in it. And if it were by the law of god: than it might in no wise be altered. ¶ And as to the correction of heresy, the king hath alway seen it done in this realm: except the time that the statute that was made in the second year of king Henry the four concerning heresies, stood in effect. For if a man before that statute, had been delivered by the ordinaries to the lay court for heresy, he might not have been put in execution without a writ fro the king, but with a writ fro the king, after the old custom of the realm, he might then lawfully have been put in execution. But yet as I take it, the king was not then upon every request made for such a wryt, bound forthwith to grant it, but that he might take a respite to see the process, & thereupon to grant the writ or not to grant it, as he saw to stand with justice: but as it seemeth there were some that were not content, that the execution should be delayed in such case till the kings writ came, but that he so delivered, should forthwith be put in execution, and after the said statute of secundo of Henry the fourth was made, by what conveyance I can not fully tell, but it is not unlike, but that the clergy laboured it, whereby it was enacted, that in such case the party so delivered, should be put in execution, no mention made that any such writ should be sued for to the king: by which statute the parties so delivered were sometime put in execution without any such writ, and sometime labour was made not withstanding the said statute, to have such a writ to save all things upright, and that the king should take no displeasure. But that was not done for necessity but of policy. For the statute was in the law sufficient warrant without writ. Under this manner divers have been put in execution for heresy, whereupon have risen great murmours and grudges among the people, when some have affirmed, that divers so put in execution for heresy were no heretics. Wherefore the said statute of Hen. the fourth was repelled by the statute in the xxv year of king Henry the viii as reason and conscience would it should: and thereupon it is ordained, that if he that is lawfully convict for herysy, refuse to abjure, or after abjuration fall in relapse, and be duly accused or presented and convict, that then he shallbe committed to the lay power to be burned. etc. The kings writ, De heretico comburendo first had and obtained for the same. And so the old law is therein revived. And as me seemeth it appeareth evidently, that in that execution the king is jug. For it can not be done without his writ, which nevertheless he is not alway bound to grant, when it is asked: but as upon the sight of the process and sentence, he shall think the sentence to stand with reason and conscience. For the statute is not, that the king shall grant the writ, but that the party shallbe burned, the kings writ De heretico comburendo first had and obtained for the same. ¶ And therefore if the thing that he is convicted for, be no heresy, as it may be, in some cases, after the clergy, because it is against the cannons, and yet be none in deed, because though cannons be against the custom of the realm, and that in temporal things: then may the king deny the writ. And then as to that treatise, that thou speakest of, called Circumspect agatis, I little regard it. For many men say, it is no statute, but that it hath been so named to be by the prelate's: And so it is said in the nyntene year of king Edward the third, that it was. And it is the more like to be so, because the same treatise, in manner word for word is put in a constitution provincial, as a thing taken out of the kings answers: and in all the statute books, that go abroad among the learners of the laws of this realm, it appeareth not, that that treatise should be taken out of the kings answers, as to the readers will appear. Nevertheless if it can be found among the kings records, that it is a statute, I will take no exception to it, ne yet to Sub qua forma, nor Articuli cleri. For as me seemeth it maketh no great matter to the question, that we be in hand with now, that is to say, whether be higher judge in spiritual corections after the old grounds of the law, the king or the clergy, whether they be statutes or not. For if a man be excommunicate, and so continue xl days, the custom is, that he shall upon the Certifycat of the bishop made thereof to the king, be taken and put in prison, as thou hast said before. But then thou knowest well, that if the party so being in prison, make surmies to the king, that he hath offered sufficient caution or gage, to satisfy the church and they will not receive it: that then the king shall command the bishop, that he taking an able caution shall see the party delivered out of prison: and if he obey not the writ, than the king may deliver the party out of prison. And over that (if he will) he may, as men think, put the bishop to answer to the contempt. For disobeying his writ, and then shall the matter be determined in the kings chancery, and there it shall come in trial, whether the gage were sufficient or not. BYZ. But whether shall that sufficiency be esteemed as thou thinkest, according to the penance assigned by the bishop, or according to the offence? SAL. It may be, that there is no penance yet given, or peraventure he is accursed upon a contempt for not appearance. But if the penance be given, & he will not do it, wherefore he is accursed, and thereupon he is in prison upon the writ De excommunicato capiendo, and thereupon he offereth a gage: I think that there the sufficiency of the gage shall be taken, according to the offence, for the penance may be unreasonable. BIZAN. And if the king take upon him to try the greatness or lyttelnesse of the offence by his laws, than he taketh upon him the keys of the church. SALEM. Nay, for that may be valued as well by the kings laws, as it may by the bishop, if the party will redeem his penance for money. But if the king would for the refusing of his Caution take upon him to make the absolution himself: then might it be said, he meddled with the keys. But sith he doth no more, but compel the bishop to make absolution, according to his laws: It can not be said, that he meddleth with the keys. BY. The process of a contempt, that thou speakest of, hath not been seen. And over that the prelate's complain, that if the bishop refuse to take the caution, that then an other writ shall go to the sheriff to deliver the party out of prison, as thou haste said before: and in that writ they say, there is no mention made, that either the church or the party shall be satisfied. And that is the princypalle cause, why the said Constitution, Seculi principes, was made: SALEM. Though the process of a contempt hath not been seen in the same self case, yet the process of a contempt hath been seen in like cases, for disobeying the kings writs, and that that is all upon one like reason, shall be taken of one like law. And to that other point, that thou hast moved, If the king upon the refusal of the gage deliver the party out of prison, without satisfienge the party, or the church either: I pray the show me thy mind, what wrong hath the church thereby? BIS. It hath wrong for this cause. For the law of the church is, that if a man be accursed, he shall never be assoiled, but that he shall first make an oath, that he shall obey the commandment of him that shall assoil him, and that before he be assoiled he shall make amendis to the parties grieved, if he be able, and if he be not able, than he shall make an oath, that he shall do it when he is able. And by that writ, De caucione admittenda, he is delivered out of prison, and neither the church ne the party satisfied. SA. And though he be so, yet neither of them hath wrong. For he is yet accursed as he was before, and may, ere he be assoiled, make such oath as shall be reasonable, but that oath that thou haste remembered before is clearly against the laws of the realm. But if the king in that case pretended, that when the party were so delivered out of prison, that he should also be discharged of the execution, than had the clergy some colour to complain, but now have they none at all. And as to making amends to the party, It standeth not with the custom of the realm, that the clergy should have power to make any amends to the party, but only that they in certain cases may give penance for the sin. And therefore for beating of a clerk, the amends for the trespass shall be made in the kings court: and for the laying of violente hands on the clerk, amends shall be made in the spiritual court, but yet they may assign no pain pecuniary, unless the party freely will redeem his bodily penance with money without compulsion. And therefore there is one thing in the said Treatise, called Circumspect agatis, that maketh me the more to doubt, whether it be a statute or not. BYZ. What is that? SAL. It is recited there, that for fornication, adultery, and such other, there is sometime assigned by prelate's bodily pain, and sometime pecuniary pain, & I know not one case, where prelate's for correction of sin may assign pecuniary pain. And therefore I think verily, the parliament would never have made that recytalle. And thus it appeareth sufficiently, that by that delivery out of prison, after the refusing of the said caution, the clergy hath no cause to say, that the church or party have any wrong. BYZAN. well admit it be therein, as thou sayst, yet it can not be said, but that the custom of the realm is broken by it. SALEM. Why what callest thou the custom of the realm in such case? BIZAN. That the king shall keep in prison such as be excommunicate by the prelate's, till they have satisfied the church as well of the contempt as of the wrong. And that the custom is such, it appeareth plainly by the said writ De excommun. cap. For by that writ the king commandeth the sheriff to justify him that is excommunicate by the body, till he have satisfied the church of the contempt & wrong, as is said before. And when he is delivered without such satisfaction, the writ is not observed, ne yet the custom of the realm. SA. The writ is as thou sayst, but that is put into the writ rather to put the party in a fere, & to induce him to submit him the rather to his ordinary, than it is to show the plainness of the law, or of the custom of the realm, and that appeareth by the said writ de Caucione admitten. For by that writ the king noteth unto the bishop, that if he refuse to take a reasonable caution of the party, that he will in that case do that to him pertaineth to do. And so it appeareth, that the king hath some other thing to do in the matter, then to keep the party still in prison. And surely if the custom were precisely, that the king should keep the party in prison, till he had satisfied the church, it were far unreasonable. For it may be, that the ordinary judged it for simony, usury, or perjury, or such other, that was none: should the king then be bound to keep the party still in prison, and to do penance, where he is not guilty, it seemeth not reasonable. BYZ. If the king judge, what is simony and usury, and what not: doth he not take upon him to judge upon things mere spiritual, and so confundeth the keys of the church? SAL. Thou must always consider, that (as I have said before) the letting out of prison of one that is excommunicate, hurteth not the keys, for that he shallbe accursed still, when he is out of prison, as he was first: and all that the king doth therein, is to see, whether he may with conscience keep the party any longer in prison or not. And I trow thou wilt agree, that if the king be so instructed, that he thinketh in his conscience, that it is no simony or usury, that the party lieth fore, that he may not with conscience keep him any longer in prison. And I pray thee, let me know what thou thinkest therein. BYZ. Verily thou haste brought me in doubt of the matter, and therefore I pray thee, show me, what is the very law and custom of the realm, concerning a man that is so in prison upon a writ de excommunicato capiendo, as the thinketh. SAL. I take the custom and the law of the realm to be this, that he shall not be delivered out of prison, whiles the ordinary certify the king, that the imprisoned hath satisfied the church, or else that the party offer a sufficient Caution to satisfy the church, and the ordinary refuseth it: or else that the king or his Chancellor be so thoroughly informed in the matter, that it appeareth unto them, that the party may not with justice and conscience be kept any longer in prison: As if the sentence were given for a thing mere temporal, or that so plain and so sufficient witness be brought in, that it moveth the king and his chancellor, to believe that the first witness were untrue, or that the examinour entered the saying of the witness otherwise then the witness testified. BYZ. And if there be such witness, yet their saying shall not be believed: ne the king may not put in trial again, that is ones tried after the order of the spiritual law: SA. To avoid the excommunication I agree well he may not put the first proof in trial again, as thou sayest, but to order the kings conscience, & to know whether he may ryghtwysely keep the party any longer in prison or not, he may well examine the truth of the matter. For truth ruleth in conscience, what so ever the order of the law be, and therefore if the appeal, in an appeal of murder be found guilty, & the judge of his own knowledge knew that he is not guilty, he may not give judgement against him, but must rather resign his office. BIS. I agree well there, but I put case, that the appeal in thy case be found guilty by false verdict, & the judge by examination of witness, and by confession of the same jury also come to perfit knowledge, that the appeal is not guilty, he may never the less in that case give judgement, and is bound to do it, for he took the examination against the order of the law, & therefore he must remove that knowledge, because he is come to it of his own wrong, & against the order of the law, & even so it is in this case. The king ne yet his chancellor neither ought not to have newli exained the matter, seeing that it was sufficiently tried & proved before in the spiritual court, & therefore they must remove & put away the conscience that they have gotten by that unlawful examination, and beware that they do not attempt so far against the law an other tyme. SAL. Though the judge in the said case of appeal did against the law, to examine new witness, yet it is not like to this case. For in that case of appeal, the verdict is of record in the same court, and it is given by authority of the same law, that he sitteth as judge to judge upon, & it is also tried after the order of the same law: so that upon that matter there is no further trial, wherefore I agree well that he ought not to have taken there any new examination, but in this case the sentence is given in an other court, and after another law, than the chancellor is set to judge upon. For he is set to judge after conscience, and not only after the order of the law spiritual nor temporal but in few cases, and also the process of excommunication is to punish sin, and to maintain virtue, but what punishment of sin, and maintenance of virtue is it, if the king keep him that is no offender in prison? And therefore I think the king or his chancellor may well take a new examination in the matter, and do thereafter. BIS. I feel thy conceit well, but yet surely if such examination be used, it will be thought by many, that the spiritual jurisdiction is thereby greatly confounded, and that the king and his laws do little in favour of it. SALEM. I see well thou styckest sore to the matter, and therefore to ease thy mind somewhat therein I will move the of two things. BIS. What be they? SA. One is this if the custom were, that when the excommunicate is in prison, upon the writ of Excommunicato capiendo, that he should be kept still in prison, till he have satisfied the church, whether he be ryghtwisely excommunicate or not, were this a lawful custom? BIS. I think nay. SAL. And this pretence that thou styckest so much upon, that there should be no examination of the matter is of the same effect. The second is, if the parliament did put clearly away the writ of Excommunicato capiendo, and left the matter in such case, that the ordinaries should justify all excommunicates by the censures of the church, in the best manner they could without any help of the king or of his laws, should the parliament thereby do any wrong to the keys of the church? BY. I think nay, for the power of the clergy concerning such excommunications should never the less stand still in her full strength. But yet it should break a good laudable custom of the realm that was first begun in favour of the clerge, & of the spiritual jurisdiction. SAL. thou sayst even truth, and my meaning is not that I would have that custom broken, but that it should appear, that though it were broken, that yet no man had cause to complain, as though the liberty of the church were thereby broken, or the keys violate, wherefore me thinketh it more expedient for the clergy, to take this matter as it is, that is to say, that the king and his laws be as well content to have such rebels, as have deserved punishment, & yet will not obey the keys of the church, correctio, as they be: but yet that the king & his laws should therefore in any case be compelled, whether they would or not, to punish an Innocent, it is not reasonable: & thus it should seem to be the more indifferent way, & more according with justice, that the matter be examined before the king, & that if it appear thereupon, that the party offended not, that he be delivered out of prison, & that the ordering of the excommunication be thereupon left to the conscience of the bishop, them to charge the kings conscience or his chancellors either, with keeping of him in prison. And then to that thou hast said before, that if such excommunications be taken, that it will be thought by many, that the king & his laws do little in favour of the spiritual jurisdiction, I pray the be judge therein thyself, whether it be much or little, that the king doth, when he only upon the certificate of the bishop taketh the party & layeth him in prison, & there keepeth him, till he either satisfieth the church, or else if he complain, that he hath wrong, examineth the matter, he being in prison, how be it I think, that the king in such case may if he see cause let the party to bail, hanging the examination, though the sheriff by the reason of the statute of westm̄. i. may not do it. And now to our first matter, If the king would judge upon Simony and usury, thinkest thou that he should offend the keys? BYZANCE. I think so, for simony and usury be prohibited by the law of god, and it belongeth to the clergi to declare, what is the law of god, and what not. SA. Though simony and usury be prohibit by the law of god, yet that proveth not, that princes may not therefore hold plea thereof, for taking away of an other man's goods, and also perjury be prohibit by the law of god, and yet princes hold plea thereof, and though simony and usury be prohibit by the law of god, yet it is not declared by the law of god, what is simony, and usury and what not. And it seemeth, that princes taking to them spiritual men, as their counsellors, may do that well enough. And if it were ordered, that for simony that the kings court should hold plea, I suppose it would do much good. For it is not unlike, but that many offend therein, and yet I here but of little correction in that behalf. And therefore though the king judged upon simony, and usury, I suppose he offended not the keys, though happily as the law of his realm is now, he should offend his laws. BY. Well I will take a respite to be advised, ere that I show the my full mind, in this matter, and I pray the let me now feel thy conceit, if a man be accursed, for that he will not obey a decree in a cause of matrimony, and he is in prison for it upon the writ De excommunicato capiendo, and offereth a sufficient caution, to obey the church, shall it be accepted? SALEM. yea as well in that case, as in any other case, and it shall be valued after the substance of him that is in prison. And if he will yet when he is out of prison, disobey the decree, and not mary, whereby he forfaiteth his caution, than he may upon a new information, made to the king in his chancery, be taken again by a new writ, De excommunicato capiendo formed specially upon the case, and be kept in prison till he obey the decree. And so he may be in all cases, where he is delivered upon a caution, and keepeth not his promise. BYZANCE. Well I am content in this matter, but I pray thee, whether may the king in any case deny a writ of Excommunicato capiendo, when it is upon the certificate of the bishop requyredde? SALEM. yea and that may be proved thus. It appeareth in the register, that if the king at the certificate of the bishop, have awarded forth a writ de Excommunic. ca & after the king before the party is taken, is informed, that the party appealed before the sentence, or that a prohibition was delivered, and not withstanding the judge proceeded, whereupon an attachment is hanging before the king, or else it appeareth, that the plea pertaineth clearly to the kings court: in all these cases the king shall grant forth a Supersedeas, commanding that the party shall not be arrested, and thereupon it followeth, that if no writ be forth, it may be denied, when it is asked, and that if the party be arrested, before the Supersedeas came, that the king may for the same causes deliver him out of prison upon a special writ de excommunicato deliberando. BISANCE. There is no writ de excommunicato liberando, in the register, but where the bishop certifieth the king, that the parti hath satisfied the church. SA. All writs that be grauntable by the law, can not be in the register, & the special matters prove, that he ought to be delivered out of prison for the time, and so a writ may be formed upon the matter well enough to deliver him: how be it he shall remain yet accursed under such manner, as he did before, & may be taken again, if need be, and that is in favour of the spiritual jurisdiction. For I trow therein is no temporal law more favourable to the spiritual jurisdiction than the laws of this realm be, & yet if such favour be haply broken sometime, a default is found thereat by the clergy, as though the whole liberty of the clergy were broken thereby, where no liberty is broken at all, & even upon such a point was the said constitution Seculi principes, made. For the constitution in the beginning reciteth, that when such excommunicate persons be upon the signification of prelate's according to the custom of England, taken and put in prison, that then the prelate's, because they refuse to take a gage, whereby the party offereth to stand to the commandments of the church, and to obey the law, be commanded to deliver the party out of prison, which as it is said, there the prelate's may not nor ought not to do, as they say, before due satisfaction made, and thereupon the said constitution saith farther, that so lay men usurp the keys of power and cunning, to the confounding of the judgement of the church, where the truth is, the church hath given no judgement, that the party shallbe committed to prison, for it hath no power so to do, but only to excommunicate the party for the sin, and thereupon the king according to his laws hath delivered the party out of prison, that he imprisoned himself: because the bishop hath refused a reasonable caution. And yet it followeth in the said constitution: Wherefore we ordain, that the excommunicate persons so taken in our province, and so going out of prison against the liberties and customs of the church of England, shall be to their more confusion showed excommunicate with ringing of bells, and lighting of candles. etc. And so that, that in the beginning of the said constitution is called the custom of England, as it is in deed, and is the very common law of the realm, that a person excommunicate shall be laid in prison by the king upon the certificate of the bishop, is after called the liberty and custom of the church of England: whereby the constitution meaneth, that he that goth so out of prison, for that the bishop refuseth his caution: and they that let him out also, breaken the liberty of the clergy of England, and usurpeth the keys of power and cunning, where in deed neither their liberty, ne keys be touched: but the custom of the realm (whereby they claim their liberty) is observed. And if they could prove the custom of the realm, whereby they claim that liberty broken, yet they ought not complain, as though their liberty were only broken. For it is no more their liberty than it is the liberty of all the people of England. For all the people of England make the church of England, & it hurteth all the people, and not only the clergy, to have any one laudable custom of the realm broken. And yet the meaning of that constitution is that that going out of prison hurteth the clergy only. And such singularity hath done much hurt, and will do, as long as it continueth. ¶ And furthermore the cause why the said constitution saith, that prelatis may not nor ought not deliver the imprisoned by the kings writ De cautione admittenda, the writ is, that though as the king is informed, the party hath offered to the bishop a sufficient gage, that he shall obey the commandment of the church, after the form of the law, and that the bishop refuseth to take it. etc. The king by that term Law, meaneth the law of his realm: which is, that the party excommenged, shall make amendis to the church for the sin only, and no satisfaction to the party. For that pertaineth to the kings law. And the law of the church is, that satisfaction shall be made also to the party. And for maintenance of that satisfaction to be had by authority of the spiritual law, the said Constitution was made to put the party in fear to go out of prison by the kings writ. And all this riseth upon the variance of the laws, whereby great grudges & expenses, yea and much unquietness have ensued, and will do as long as it and other things like shall be suffered to continue as they do now. BY. All such expenses and unquyetnesses be well provided for, by reason of the said appeal, that may be made into the kings Chancery. For it is not to think, but that the commissioners, that shallbe assigned by the king, will order the matter after justice, and according to the kings laws. SAL. I trust they will, but yet it is not the ease of every poor man, that may haply be wrongfully handled in the spiritual court, to sue forth a commission under the kings brood seal. And therefore if the old form of the kings law be observed therein, that is to say, that if the party that is accursed and imprisoned will offer a reasonable caution to the bishop, to obey the church, according to the kings laws, and he refuse it, that then the king, according to the old custom, shall let him out of prison, till he can find the means to bring the bishop to order him, according to the kings law, & that all the process of that constitution, whereby the party for his so going out of prison should to his more confusion be showed to be accursed with ringing of bells, and lighting of candles, should for the cruelof it be avoided: I suppose verily it would do much good. And yet I pray the my friend Bysance, let me know thy mind in one thing concerning this matter. BY. What is that? SAL. That if a man be accursed, and he is contented to make amends, & to have his absolution, but the bishop will not take any amends of him: or if he take amends, or put him to penance, which he fulfilleth, yet he will not assoil him, ne he will not certify the king, that he is accursed, so that he might by help of the kings laws be dismissed: but will suffer him to stand still so accursed: what remedy hath the party, as thou thinkest, to be discharged of that excommunication? And like wise if a man be accursed for a thing mere temporal, and would be discharged of it, and the bishop will not discharge him, what remedy hath the party to be assoiled? BYZANCE. In thy last case the party may have a Praemunire. SAL. And though he take it & recover thereby, yet he standeth still accursed. And also the party and judge may be deed, and then the praemunire is gone. BIS. Well, I think in both thy cases, that if the excommengement be certified in to any of the kings courts of record, that then the king upon the complaint of the party may command the bishop to assoil him, if he will order himself according to the laws of the realm, & if he will not, he shall ren in a contempt against the king. SAL. And if the bishop will not certify the excommunication in to none of the kings courts, ne unto the king neither: what remedy hath the party then, must he stand always accursed, and be prohibit from hearing of divine service, & fro all company of faithful people during his life? BIZAN. It is not to be thought that any bishop will deny absolution, where he ought to make it: & if he do, I pray the let me here thy conceit, what remedy as thou thinkest, should lie in the case? SA. Whether any bishop will do so or not I can not tell, but surely there is a great opinion among the people, that as the world hath gone in time paste, if such an excommunication had touched the power of a bishop, or the liberty of the church, or else that any great man of the spirituality, had borne displeasure to the party, that he should have right much business, and also pay well for it, ere he should have his absolution. But how so ever it hath been in time past, I beseech our lord that the matter may be so well looked to, that it be not so hereafter, ne that unreasonable penance, ne unreasonable money, for redeeming of it, nor for the costs of the suit, be not given nor taken hereafter. And as for a remedy for the party to be assoiled, I think verily, that the king upon the surmise of the party, may aswell command the ordinary to make absolution, so the party order him according to the laws, where the excommengement is not certified of record, as where it is. For me thinketh, that the reason is all one in both cases. For aswell shall he be prohibited fro divine service and communion in the one case as in the other. And if he have any action to sew and take it, the ordinary might else disable him when he would. And likewise if the bishop assoil him, and when he hath so done, will not make him his letters of absolution: the king may also command him to do it, as me seemeth. BIZ. There is no writ in the Regestre, that the king may write to the ordinary to make absolution, where the excommunication is not certified of record into the kings court. SA. And if there be not, it forceth little. For if there be a like reason in an other case, as there is in that: the clerks of the Chancery may agree upon a wryt. And if the king might not do, as I have said, it might hap, that many of his subjects should fail of justice, and that the king could not help it. And therefore if the bishop will not obey the kings writ, an attachment shall go against him to answer to the contempt: And then shall the matter be determined after the order of the kings laws. And so it appeareth (as me seemeth) that even after the old law & custom of the realm, the king is the high and supreme judge in such corrections, though the said statute of xxv H. viii. had never been made: and that he may see his subiectis have justice in that behalf, if they will call for help unto him. But if the party in such case, will submit himself unto the ordinary, then by the party's assent, the ordinary may make the final conclusion: so he offend not the kings laws in his doing. ¶ Of divers things concerning saint Thomas of Canturbury. The iii Chapter. SAL. I know no man that saith, but that saint Thomas of Caunturbury is a blessed saint in heaven: but peraventure there be some, that doubt, what were the very articles, whereupon king Henry the second, and he varied. And happily some will say, that he did more against the kings prerogative, than he ought to have done, but though he did so in deed, yet that moveth me but little to think, but that he was and is a holy man, and a blessed saint. For if he thought in his conscience, that rightwiseness and truth bound him to do that he did, as I suppose verily it did, it sufficed to him. For ignorance may excuse, but only against the law of god, & the law of reason. And the things that the king and he varied upon: were upon the customs of the realm, and the kings prerogative: which saint Thomas thought, was against the liberty of the church, wherein saint Thomas might lightly be deceived by ignorance: how be it I think verily, that there is one thing, that derogateth and diminisheth greatly the very true honour, that would be given by many men to saint Thomas, if that were not. BY. What is that? SA. It is that some priests exalt saint Thomas so high above other saints, & procure honour to him more than commonly is done to any of the apostles, and yet secretly steel the honour to themself, and think themself the more worthy honour for his deeds: and that hath caused some lay men to have less devotion to him than they would have had. And though they do not well in that doing: yet it is good to all priests to look upon the matter. And somewhat to ease the minds of the people therein. And now will I say somewhat concerning the outward honour done to saint Thomas before other saints, that I could never see cause reasonable, why all the commemorations in the province of Caunturburye should be said more in his name, then in the name of saint Augustyne the apostle of England, which brought the faith first in to this realm. For as far as to man appeareth, sayncte Thomas had never known the christian faith, ne had been the holy doctrine of saint Augustyne going before. And sith he was archbishop of Caunturbury as well as saint Thomas was, & the first and chief of all other archbishops there: I can not see why the commemorations should not be attribute to him rather thenne to the other. And I think verily, that if it were so ordered to be, that a right great occasion of meekness in many spiritual men should follow thereupon: and it is no doubt, but that saint Thomas would be also right highly pleased therewith. And furthermore I can not see any conveniency why saint Thomas should have his feast of his translation kept in so high solemnity as it is accustomed to be: before other saynctis. And peraventure that point with such other like, Iohn Gerson mente to treat of in his treatise that he calleth in latin Declaratio defectuum virorum ecclesiasticorum, where he advertseth rulers to look, whether it be convenient, that some new saints should have more solemnity in the church of god, than the ancient saints have. And yet if the solemnity to some of the apostles and to saint Thomas be compared together, they be right far asunder. And therefore why his Translation should be kept holy day, and not the very day of the deposition of saint Augustine, or of saint Ethelbert, that was the first king of England, that was converted: or why the deposition of saint Edward king and confessor, which falleth in the xii days, as the deposition of saint Thomas doth, should not be had in more honour than it is, and saint Thomas to have so moche, I can not tell what the very consideration should be of it. And verily I suppose, that if the deposition of saint Ethelbert, and of saint Edward, and the translation of saint Thomas were on the deposition of saint Augustyne kept holy day together, and the holy day of the translation of saint Thomas to cease, and that priests only should say the service of saint Thomas on the day of his translation, & the people not to be bound to here it, that it would right highly please saint Thomas, and cause many persons also to have him more in honour than they have now. And here (as me seemeth) it is somewhat to be marveled also, that all we englishmen, as to the multitude of us, can report more of saint Denis of France, of saint David of wales, saint Patrick of Ireland, & of saint Ninian commonly called saint Tronion of Scotland, than we can of saint Augustine the apostle of England, the first brought the faith in to England, & yet though as me seemeth it were convenient, that saint August. were more honored than he is, nevertheless I mean not therefore, that saint Thomas should have any less true honour than he hath, but rather more. furthermore because there be divers articles put in books, which, as it is said, saint Tho. should hold, I have entitled hereafter some of them, as I have found them written in a right ancient book, & shall show my conceit, how the law of this realm, & they agree together. But I will not expressly affirm, that saint Tho. held them in deed. For I never saw them as of a full authority, nor I wot not where to find the full authority of them: howbeit if his articles were pleinli & by sufficient authority known, so that it should not be lawful for no man to add no nother to them ne to diminish any thing fro them, it were well done. For as they stand now in an uncertainty, many persons take upon them to report many articles of him, that as I suppose, he never held: & one of his articles, as I have found it written in the said book is this. If controversy be upon the presentment of a benefice between lay men and clerks, the king pretended that it ought to be determined in his court: And it is said, that saint Thomas should find default at this article, as a thing against the liberty of the church. And surely it is not against the liberty of the church but is an old laudable custom of the realm, the kings prerogative, and the right of his crown. And if saint Thomas resisted it, he resisted the truth. How be it that proveth not, but that he is yet never the less a right holy and blessed saint, as I have said before. ¶ An other article is, that churches of the kings gift may never be lawfully given without his assent. And this is also an old prerogative to the king & his progenitors, and is as much to say, as that in benefices, that be of the kings gift, no time ne laches runneth to the king, but that the king shall as well present after the vi months as before. And if saint Thomas resisted that, he resisted the right. For it is a lawful custom, and a lawful prerogative. For why the king ne none other patron within this realm claim none other right in such presentments, but after every avoidance to present their clerk to the ordinary. And if he be able, than the ordinary to receive him: or else upon a notice in some case, and in some case without notice, the patron at his peril to present an other. And if the king present not, the ordinary, till he present, may with the profits thereof, appoint one to serve the cure. But if the king claimed also to have the profits of the benefice in the mean time, and he to see the cure served himself, till he presented, that were more doubt. ¶ another article is this, that they that be accursed shall not find pledges to restore, nor be sworn to it: but only to find pleges to stand to the judgement of the church for their absolution. And this article is also holden for law in this realm to this day. For in case that the judge spiritual will not assoil the parti without restitution, where by the laws of the realm he ought to do it: the king may upon a contempt command him to do it. And if he will needly proceed to compel restitution, a prohibition lieth. And that is the very cause why an excommengement certified before the kings justice by the pope, was never allowed in this realm, because the king might not write to Rome to make the absolution, in case that by his laws the party ought to have it. ¶ Also another article is, that the church shall not defend goods that be forfeit. ¶ Also that pleas of det belong to the kings court, though an oath be made. ¶ Also that the son of a bond man shall not be made priest without licence of the lord. These three last articles be held for law in this realm to this day. And yet it is said, that saint Thomas resisted them. ¶ And as to the third article of the said three last articles, the law is this, as I take it, that if the son of a bond man be made priest without the lords licence, that yet he is a bondman as he was before, and the lord may compel him to do him service, as to a priest belongeth, before any other. And though the truth were that saint Thomas resisted these articles all that he could, and that he is yet nevertheless canonized as a saint, that proveth nothing those articles to be unlawful. For if he in his conscience thought them unlawful, that sufficeth to him, as I have said before. ¶ And more over if all the clergy of christendom would prohibit the said articles, or any article of the law of this realm, that is not against the law of god nor the law of reason: that prohibition should not be of effect in this realm. And there be divers other articles in books & legendis, wherein he resisted the law of the realm without cause, if it be as the said books do testify, which I remit to the judgement of them that will take the pain to read them. And over that in the books of some pardoners, that have gone about for saint Thomas, be contained many and divers frivolous and untrue things for procuring of money: as it is of this article, that ne had saint Thomas been, no man should have set his child to school, nor have eaten in his house, pig, goose, nor capon, but he should have paid a fine to the king. And divers other things be thus imagined, whereby the people be greatly illuded and deceived, and saint Thomas right highly displeased. For he loveth no untruth, and yet they have been suffered to pass over from year to year without correction: dost thou not think my friend Bysaunce, that such things would be reform? BYZAN. Forsooth I think it right expedient, that rulers and governors look well upon such matters. But yet some men will peraventure think, that it is not convenient, for lay men to speak of such high things, as pertain to great clerks and high learned men. And I have hard some men say myself, that before lay men spoke of such high matters, the world was in good peace and quietness, and that sith they meddled therewith, the world was never well, but full of trouble, division, and strife. And therefore it will peradventure be better for the and me, to let these matters pass, till our lord shall put the rulers in mind to look upon them, and see them reformed, then to speak any more of them, and little effect or none to follow of our speaking. SAL. The more that the rulers here of the gruges that be among the people, the more will they regard them, and will the rather set to their assistance to help to avoid them, sith they be as well to the high displeasure of almighty god, as to the great hurt of the common wealth of all the people. And I think verily, that a common wealth shall never rise, as long as these gruges continue. And therefore I trust our speaking shall not be clearly in vain, sith some causis of the said grudges & divisions may haply be put in mind thereby, which else should not have been remembered. And there be many presidents, by the which it appeareth, that lay men have reasonned in right hight matters. first when the statute of xxv of Edward the third, that is called De advocationibus, was made, was it not (as thou supposest) argued & reasoned, whether the parliament might set remedy in such cases, where the pope made collations or reservations to any benefices within this realm? And who reasoned that matter, as thou thinkest, but the lords temporal & the commons? verily none. For the lords spiritual durst not therein resist the pope. And no more they durst when the question was asked in the parliament, Anno xvi Rich. two. whether the pope might translate a bishop in this realm without the kings assent, whereunto the bishops made a protestation, that it was not their intent to say, but that the pope might make such translations by the laws of the church: but they said it was against the king and his crown, if he did it. And the commons said, that they would stick with the kings right in it unto the death. And the lords temporal said, that they would be with him with all their power. And it 'tis not to think, that these answers were made suddenly without great reasoning before. And who should reason it, but the lords temporal and the commons, and specially they that were learned in the laws of the realm. ¶ Also sith it is recited in the writ De excommunicato deliberando, that the king at the petition of the bishop commanded the shyreff to justify such a certain person by his body, as a man excommunicate & contempning the keys of the church, till he satisfied the church. etc. with divers other things commonly used to be put into the said writ, which be here omitted: are not they then that be learned in the laws of the realm, specially they that shall be of the kings counsel, bound to advertise the king, what is a contemning of the keys of the church, and what not: so that he should not in such case do any thing against the keys of the church? I trow no man will say, but they be. For else the king should happily be enforced to give credence to spiritual men in matters concerning their jurisdiction against his own. It is not therefore convenient for any man to say, that lay men ought not to reason the power of the church. For if it dimynishe the right of the crown, waste the substance of the realm, prohibit the labour or living of the people, they may well speak of it. And also are bound to speak of it, specially they that be learned in the laws of the realm. ¶ And where thou sayst, that before that lay men spoke of such matters, the world was in good pease and quietness: surely if the people grudged, and durst not speak, ne wist not to whom to speak or complain: then was that peace that thou speakest of, like to the peace that the prophet isaiah remembreth in his xxi chapter, where he sayeth, In pace amaritudo mea amarissima, That is to say, In peace is my most bitterness. For when the people would have spoken, and durst not, that was great grief to them. And then if they be at length enforced to speak, and trouble and strife rise by their speaking: it is not long of their speaking, but of them that give them occasion so to mumur and grudge, and that will meyntein forth the old abusions, & not suffer them to be reform. BY. Thou haste recited many things in these additions, that thou thinkest would be reformed, and in some points thou hast devised how they may be reformed, but thou haste not done so in all: I pray the therefore let me here thy conceit by what means (as the thinketh) such things as thou hast not yet touched the reformation of, might be reform. SA. To treat fully of the remedies of such abusions, pertaineth most specially unto the rulers: how be it one thing encourageth me very moche to do that in me is to say somewhat in the matter. BY. What is that that encourageth the to it? SAL. That shall I show the first with good will, and after I shall touch shortly some of the remedies, and shall commit the residue to them, that it most specially pertaineth to, to look upon it. ¶ Of certain things, that should seem to be occasions to bring good peace and quietness betwixt the clergy and the people. The four Chapitre. SALEM. first the thing, that encourageth me to speak of a reformation betwixt the clergy and the lay people, is for that as me seemeth, if the matter be well and thoroughly looked upon, there is not so great variance, ne diversities of opinions betwixt them, ne betwixt the clerks and great learned men, that seem to take part earnestly in the matter on both parts, as is reported to be, specially in the matters that be most of substance: and that may appear thus. The clergy preach and teach, that our lord jesus Christ, very god and man, is the very saviour of the world, redeeming us by his passion. And the other do even like wise, and take him as the very mediator betwixt god and man, and none but him. ¶ The clergy also teach, and preach, that all men be bound to believe scripture, that is to say, the old testament & the new, and to follow it as a thing most necessary to our salvation. And the other be even of the same opinion: & the diversity that is betwixt them therein standeth specially in this point: The clergy pretend, that they only ought to declare scripture to the lay men, and that they ought to follow their teaching and declaration therein, and not to expound it themself, ne to have it in their mother tongue: And many lay men, and also some great clerks hold the contrary, and say, that it is lawful, and also necessary for lay men to have scripture in the mother tongue, to the intent, that when they have none to preach it to them, that they that can read the mother tongue, as many can which understand no latin, may read it to their own consolation and instruction, and to the instruction of other also. ¶ They vary also sometime of the understanding of scripture, and how it shall be taken: but that is most specially in such points, as concern the worldly honour, power, or richesse of the clergy, as it is of this question: whether it be lawful to the successors of the apostles and disciples of Christ, to have possessions: but in things mere spiritual concerning scripture, commonly they do not vary. ¶ And likewise there is no such diversity of opinions, as some men have taken it to be, betwixt Feythe and good work. For both parties agree, that good work be necessary unto salvation: and the thing that seemeth to be as a variance betwixt them therein is only upon terms, and not in substance, as thus: The one part saith, that faith without good work is but a deed faith, and profiteth not to salvation. And after as they mean, they say troth. For they mean of a naked faith of a man, that hath neither charity nor good work: but that he hath faith, and lieth in deadly sin, and dieth without repentance. In which case the faith sufficeth not to him, as they affirm it doth not: but they deny not, but that if such a man in the later end come to repentance, though it be even at the last point, but that he shall be saved, and that that repentance shallbe acceptable for him afore god in place of the good work that he had not, and that his reward shallbe after the mochenesse or littelnesse of his contrition and sorrow. And the other part saith, that faiths only justifieth before god: and they also, after as they mean, say truly. For they call it no faith, unless it have good work. And therefore they stir the people to good work all that they can, that they may have a lively faith: for they say, that if a man believe all the articles of the faith, and all that he is commanded to believe beside, and liveth in deadly sin, that he hath no faith. And so it appeareth, that these men vary not in effect in this matter, but in terms: how be it a little variance there is betwixt them therein, under this manner: They that say, that faith justifieth before god, ween that many people have such a trust in their good work, that they hope to be saved only by them. And surely if any be of that opinion, they be far deceyed. For none shallbe saved but through the grace, mercy, and goodness of our lord. And therefore to give the people occasion, that they shall trust in grace more than in their good work, they extol faith and grace above good work. And the other party saith, that there is none that trusteth only in his good work. And therefore they say, that it needeth not to extol faith so much as they do. But now admit it be as they say: yet me seemeth, that if any man doubt, whether they do so or not, and therefore he instructeth them, that they ought not to do so, that it is a good deed, and ought charytablye to be accepted of all men, and that they ought not to be reproved for it. ¶ Then ferther more many have reported, that there be some men of opinion, that all things ought to be in common, so that if one lacked, he might take it of his neighbour. ¶ And of all other opinions, that opinion go the most nighest to the destruction of the common wealth. For it is a maintainer of sloth and idleness, and a destroyer of all good labour. And there be many other that say, that there be none of that opinion: but they say, that they have hard many of this opinion, that in time of necessity of our neighbour, all things that we have, ought to be in common to him, and we be then bound in charity to minister of our goods unto him, after as his necessity requireth: but that any might take it themself, they say, they have hard none of that opinion. And surely I think it is true as they say. And saint Augustin to that effect saith thus: He that seeth his brother in necessity, and shutteth his help and comfort from him: how abideth the charity of god in him? And I beseech our lord send us many of that opinion, that is to say, that we ought to communicate of our goods to our neighbours, that be in necessity: and not to send us so much as one of the other opinion, that is to say, that they might take it themself. And that if there be none of that opinion, that then there be none, that will report there is. BY. I perceive well, that thou thinkest, that there be not so great diversities of opinions among the people, as are noted to be, if the very true intent of their minds were thoroughly known: how be it some causes of grudges thou agreest that there are yet remaining. And therefore though the remedies there of pertain most specially to the rulers to treat upon: yet as it seemeth, it can do no hurt, if thou show thy mind somewhat therein. SAL. Somewhat in a generality I will say with good will. And first I think that it is right expedient, that the laws and jurisdictions spiritual and temporal be thoroughly agreed together: for upon the varienge of them this inconvenience followeth: that when some occasion of variance happeneth to rise betwixt two men, and they ask counsel, one at the spiritual law, and the other at the temporal law, that both be informed that they have right, and that causeth them to stick so sore to their titles, that they be far fro any mean way, where if either of them were instructed, that the law were against him, as most commonly the one of them should be, if they both asked counsel at one law: that would cause him that thought the law against him, to eschew expenses, and fall to agreement. ¶ Also it is right expedient, that all constitutions provincialle and legantines, as have been made in time paste, against the laws of the realm, and the kings prerogative, where the laws of the realm ought of right to be followed: and also all such laws as be over grievous to the people by extending over great multitude of excommunications upon them: or that have been made more of singularity, and in maintenance of the spiritual jurisdiction then of charity, shall be clearly revoked and put away. ¶ Also it seemeth expedient, that none hereafter have but only one benefice with cure, by licence nor otherwise, and he to be resident upon it, except such as have more now at this time, and they to enjoy them, without taking any more by permutation or other wise. And if any take more benefices than one, both to be void. ¶ Also it seemeth to stand with charity, that like as there is appointed certain collettis and orisons for infidels in lent, that there be a special collette for them all times of the year both at matins, mass, evensong, complin, Placebo and dirige: and likewise for the peace and tranquillity of all christian realms, specially now in this dangerous tyme. ¶ Also that all parks and pastures, that be in the hands of spiritual men, and be meet for tillage, be by a certain time builded and turned into tillage upon a pain. etc. And for as much as much timber will be spent about it, and timber is greatly wasted in many places, that it be devised, how timber and wood may be increased and preserved hereafter. And me thinketh saying the kings grace and his counsel have devised so good a way for nourishing of wood in Ireland, as they have done, that it were very well, that if they did likewise for this realm. ¶ Also it seemeth to be right expedient, that certain articles, whereof part shall be recited hereafter, be gathered together, and that preachers be commanded, that in every sermon, they shall move the people to fulfil them, as nigh as god shall give them grace: and such other also as the parliament shall think convenient. And not to recite every article in every sermon, for it would sometime be tedious, but part of them, as they shall think most profitable for the audience. And one of the said articles, as it seemeth, may be this, that the preacher diligently instruct the people, what work best please god: and also to instruct them, in what order they ought to be done. And for a remembrance I shall briefly touch somewhat of that matter, and commit the further declaration thereof to the preachers. ¶ The work that most pleaseth our lord, as I take for the lay people, is the relieving and comforting of our neighbour, that hath need: and the greater that his need is, the greater shall be our reward. And as prayer & contemplation be the highest warkynges in the life contemplatife: so is this deed of mercy to our neighbour, done in charity, the highest work in the life active. And therefore no man can come unto it, but by great labour and diligence. For it is always hard to attain to virtue, and the higher the virtue is, the more difficulty is in the attaining of it: and the kingdom of heaven must be got with a violence. It is easy to build churches and monasteries, to give books and chalices to the service of god, if a man have wherewith: for laud and praise, and a worldly contentation followeth commonly upon it: but in doing deeds of charity to our neighbour, there be so many difficulties, that it may anon discourage a man to continue in it, but he do it purely for god. How be it I mean not that of giving of alms to poor men that ask it by way of alms in the streets: but I mean it of chartable deeds to be done to them, that fight with poverty, and be ashamed to ask it: never the less the difficulties thereof I will not express at this tyme. ¶ Also it is a right great grace, that such a desire is come among the people, to have poor men relieved. But surely if it come to this point hereafter, that spiritual men will procure for their own advantage, and little for poor men: that desire for poor men will soon slake and vanish away hereafter, as it hath done in time paste. ¶ And as to the going on pilgrimage, me thinketh it may be accounted and set in the lowest degree of good work: in so moche, that as I suppose, if a man in doing such pilgrimage spend large money for his costs and offering, that if he would dispose much less then that, at home among his poor neighbours: that he should more highly please our lord thereby, or our lady, or other saint that he goeth to, and sooner obtain his just petitions thereby, than by all his great expenses in his pilgrimage and his labour both. And though he give alms to some poor men by the weigh: yet is he more bounden to his poor neighbours at whom, and moor thank shall he have of god, if he look charitably unto them. ¶ Also it is right expedient, that preachers oft instruct their audience, that the prayer of a good lay man more pleaseth god, than the prayer of an evil priest, or of an evil religious man. And to instruct them also, that vocal prayer is not the only thing that prayeth, though it be singularly good in itself: for the true and just labour of the people is also a right good prayer. How be it if they sometime use vocal prayer, when they may come to it, they do the better. And therefore I think verily, that if a good lay man pray, that such an other man, or such that percase be his benefactors, may be part takers of all his just and true labour, that it shall profit the other man more, than the vocalle prayer of many other that be not good. ¶ Also it is expedient, that they induce the people, all that they can, to do their good deeds here, ere they depart out of this world. And diligently to instruct them, that if they can be content for the love of god and of their neighbour, to depart freely with a little portion of their goods here in this life, that they might keep still if they would: they shall have more reward of god for it, than they shall have for a right great substance of goods given for them after their death, when they can not occupy them, though they would. ¶ Also that they stir the people, to leave the curiosity of burials, that hath been used in many places in time paste: for they be rather comforts to the friends that be on live, than any profit to the souls of them that be departed. And if the charge of such pomp were turned into doles, to be sent to poor men home to their houses, I think it would please our lord very moche. ¶ Whether it be laufulle to war against Turks and sarasyns. The fifth chapiter. BYZAN. Sith thou haste now at my desire spoken of things concerning abusions, that as the thinketh, would be reform, I pray the speak somewhat now of the sect of Macumite. For ever sith the making of our first dialogue, I could never forget, how great a multitude of souls daily perish thereby. SA. And I would gladly speak thereof, if I thought that we could do any good in that behalf. But surely till a peace be had among christian men, it booteth not to speak any more of that matter. And over that I have perceived, that some men be of the opinion, that it is not lawful for christian men to war upon the turks, and to go about by compulsion to bring them to the faith. For they say, as the truth is, that faith is free and can not be compelled: and therefore they say, that Macumete himself, is discommended by many writers, because that in the beginning of his sect he used violence: And so I am somewhat in doubt in that matter in my conceit, and wot not whether it be good to speak any further in the matter or not. BIS. As to the first point that thou doubtest in, all trust is to be put in god, and he shall well help us to the piece that we desire. And as to that other point that thou hast moved, I little regard it. For I am well assured, that if they themself that be of that opinion, considered all the matter as it is, that they would shortly change their minds therein. For sith the turks have many countries, that christian men have good right to: it is no doubt, but that it is lawful for christian princes to war upon them, & drive them out, as they might do christian men, that were usurpers. And also if infidels invade christian realms, and by power would take them into their hands, it is lawful for christian princes in the title of them that so were likely to be wrongfully put out of their country to resist them, and to keep the Christians in their right. And all the infidels that be so invaded, to take them as their enemies, and to punish them as enemies, in such manner as they shall think expedient, by death or otherwise. But then in these cases, if the christians prevailed, and than the infidels would be converted, and the christian men for favour of the faith would give them their lives, were it not good charity to do it? And if they will not be converted: and then the christian men put them to death, for that they be enemies, is it not also lawful? And yet it can not be said there, that they be put to death, because they will not believe, but because they be enemies, as I have said before. And in this case standeth the countries of Constantinople, and of jerusalem. For they were long in the hands of christian men, ere that they came into the hands either of the turks, or of the Saracens. And as for Constantinople it is but of late years, that the turks with power and without title took the emperor and all the empire into their hands, and with great cruelty sawed the emperor asunder in the mids with a saw of tree. And it is yet known among the christian men, that be there in captivity, who is the very heir of blood unto the the empire: why is it not then lawful to christian princes to restore him again to his inheritance, and to destroy all them that will resist them? Never the less in some case a doubt might rise, whether christian men might invade infidels in a country, which they had wrongfully taken into their hands: as if infidels wrongfully invade an other country, that were also infidels, and that was never christened, and put the very owners out thereof, whether it were lawful for christian princes to drive them out, and restore the first infidels into their right again or not. And this me thinketh, may be right well said therein: that if the people that so hath invaded, be the more cruel people than the first were, whereby it is great peril and danger unto christian realms, that lie nigh adjoining unto them, that they will hereafter invade them also, if they be suffered: that then it is lawful for christian princes to drive them out, in eschewing of that dangers, & to restore the first infidels again to their right. And then if those first infidels for the favour that they have found in christian men will be converted to the faith, I suppose no man will say, but that it is well done to accept them. But if they would not in that case be converted of their free will, I will well agree, that they must be suffered to continued still in their infidelity, as they did before, till our lord shall of his goodness call them to grace. And thus me thinketh it is but a little doubt, but that it is lawful for christian princes to make war against all the infidels, that be inhabitants in the cities of Constantinoble & jerusalem, and all the countries there about, that all any time were in the hands of christian men, before they were in the hands of the turks, or of the Saracens, and to put them to death that will resist them, as enemies. And thus have I now showed the my conceit concerning that doubt, whether it be lawful for christian men to war upon infidels or not. How be it if they could without battle be converted by preaching or epistles without shedding of blood, that were surely the best way: But the turks be now so far rooted in malice, that they have made a law, that no man upon pain of death shall preach against their laws. Wherefore it seemeth, that christian men may not now with conscience, send any preacher unto them. And if any preacher of zeal of martyrdom would of his free will desire to go thither: yet it were to me a great doubt, whether it were better for christian men to stop him, if they could, so that he might do more good another way at home: and not to suffer him wilfully to run unto his death or not: Specially when there is no likelihood, that any good shall follow upon his going. For the preaching to the turks now in these days, is nothing like to the preaching to the gentiles in the beginning of the faith. For then the gentiles would many times here it. And thereupon many turned to the faith: and though sometime preachers were therefore put to death, not withstanding I agree well, that it was good charity for other preachers to jeopardy to do the same. For many times great increase of the faith followed thereby. But as to the Turks now in these days, their malice is so great, that there is no likelihood that our preachers should be hard among them, as I have said before. FINIS. ¶ The Table. THe introduction. fo. i. Of divers abusions concerning the seven sacraments and divers other things. The first chapter. Memorand that in the said first Cha. be contained xxx paragraffes, whereof the first treateth of the sacrament of anoyling. folio. 2. The second paragraph treateth of burienge of parysheners by their curates folio. eodem. The iii paragraph treateth of the sacrament of confirmation. fo. eodem. The four paragraff treateth of the prohibiting of bishops to grant pardon. fo. 3. The .v. paragraph treateth of the reserving confession from curates to the bishops fo. eodem. The vi paragraph treateth of the prohibiting of the people from houseling. folio. 4. The vii paragraph treateth of curious buildings of spiritual men: And of the apparel thereof. fo. eodem. The viii paragraph treateth of chaplains and serving priests. fo. eodem. The ix paragraph treateth that the laws of irregularite be over straight. f. 5. The ten paragraph treateth, that the rules of religions be very straight to be kept in these days. fo eodem. The xi paragraph treateth how clerks claim as high power in their possessions & goods as lay men. fo. 6. The xii paragraph treateth of the titles of priests. fo. eodem. The xiii paragraph treateth of visitations. folio. 7. The xiiii paragraph treateth of a policy newly risen against the statute of pluralites, and none residence. fo. 8. The xu paragraph treateth of charity to our neighbour, and other outward deeds. fo. eod. The xvi paragraph treateth that some preachers have preached for their own profit & singularite in time past. fo. 11. The xvii paragraph treateth, how priests account a default in one priest to sound to the default of an other. folio. 12. The xviii paragraph treateth, whether the ten part of tithes be due by the law of god. fo. 14. The xix paragraph treateth, how in some cases they ought in spiritual courts to judge after the law of the realm. folio eodem. The twenty paragraph treateth, that spiritual men now accept things, that spiritual men refused in the beginning of the church. fo. 15. The xxi paragraph treateth, that some religious men pretend their profession to be the surest way to salvation. fo. eo. The xxii paragraph tretith, how some over lightly report, that there be many heretics. fo. eodem. The xxiii paragraph treateth of parks and pastures being in the hands of spiritual men. fo. 16. The xxiiii paragraph treateth, how spiritual men, as it is reported, be very straight in making of leases, raising of rents, and making of fines. etc. folio. 17. The xxv parag. treateth, how their deformities of body that should be priests hath been misliked in time past. fo. 18. The xxvi paragraph treateth of divers ceremonies in the church. fo. eod. The xxvii paragraph treateth of bishops and kings canonized fo. 19 The xviii paragraph treateth of the authority of canonisation. fo. 20. The xxix paragraph treateth of this decree Omnis uttiusque sexus. fo. 28. The xxx paragraph treateth of the opinion, that many of the clergy have preached for their own profit, and that yet they do nothing to remove them out of that opinion. fo. 33. ¶ Who is the higher judge in such corrections as be called spiritual corrections, the king or the clergy. The second chapiter. fo. 34. ¶ Of diverse things concerning saint Thomas of canterbury. The three chapiter. fo. 53. ¶ Of certain things, that should seem to be occasions to bring good peace and quietness betwixt the clergy and the people. The fourth chapiter. folio. 61. ¶ Whether it be lawful to war against the Turks and Sarasyns. The fifth chapiter. fo. 69. FINIS TABULAE. ¶ Faults in printing. FOlio. 5. pagi. 2. li. 17. read after dispensations be. Folio. 12. pagi. 2. fin. 13. read that it is reported of. Fo. 14. pa. 1. linea. 14. read, and prescriptions. Fo. 18. pag. 1. linea. 9 read after sufferable, than to be extreme. Fo. 26. pag. 1. li. 14. read seemeth. Fo. 31. pag. 1. li. 5. read article. Fo. 36. pa. 1. lin. 1. read such after have. Fo. 40. pa. 2. li. 23. for execution read excommunication. Fo. 42. pag. 1. li. 9 for noteth, read writeth. Fo. 46. pa. 1. lin. 6. et. 7. for excommunications, read examinations. Fo. 48. pa. 1. li. 20. read there is. Fo. 50. pa. 1. li. 3. after admittenda, read is this. Folio. 51. pag. 1. lin. 7. read, cruelty. Fo. 59 pa. 2. lin. 10. for height, read high. Fo. 64. pa. 1. li. 1. read deceived.