¶ A treatise concerning the division between the spirytualtie and temporalty.   

❧ This little book declareth divers causes, whereby division hath risen between the spirituality and temporalty: and partly showeth, how they may be brought to a unite. And if they that may do most good toward the said unity, will take the articles of this treatise, as little tytlinges to bring some weightier things to their mind concerning the same, and than by their wisdom's will add them here unto: and (as they shall think necessary) to see them all put in due execution: I think verily that in short time they shall bring this matter to good effect, to the honour of god, & to the common wealth and quietness of all the kings subjects.   

¶ divers articles ' which have been a special cause of the division that is betwixt the spirituality and the temporalty in this realm.  

The first Chapter.  
WHo may remember the state of this realm now in these days, without great heaviness and sorrow of heart? For there as in times past hath reigned charity, meekness, concord and peace reigneth now envy, pride, division, and strife: & that not only between lay men and lay men, but also between religious and religious/ and between priests and religious, and that is yet more to be lamented, also between priests and priests. Which division hath been so universal/ that it hath been a great unquietness and a great breach of charity through all the realm: and part of it hath risen by reason of a great singularity/ that religious persons and priests have had to their estate of living, whereby many of them have thought their estate most perfit before all other. And some of them have thereby exalted themself in their own sight so high, that they have risen into such a ghostly pride, that they have in manner disdained and despised other, that have not lived in such perfection as they think they do. And of this hath followed, that some of them have had unfitting words of the other, calling them flatterers, dissimulers, and hypocrites: And they have called the other again proud persons, covetous, vain glorious, and lovers of worldly delights, and such other.  
¶ And an other part of this division hath risen by diversities of opinions, that have been upon the authorities, powers, and jurisdiction of spiritual men among themself. And upon these divisions some lay men have in time passed favoured the one part, and some the other: whereby the people have greatly been inquyeted. But I wot not fully by what occasion it is, that now of late the great multitude of all the lay people have found default, as well at priests as religious/ so far forth, that it is now in manner noted through all the realm/ that there is a great division between the spyritualtie and the temporalty. And verily it is great pity that such a noise should spring and go abroad. And some allege divers causes why it is so noised. first they say, that neither priests nor religious keep not the perfection of their order to the honour of god and good example of the people, as they should do: but that some of them procure their own honour, and call it the honour of god, and rather covet to have rule over the people, than to profit the people. And that some covet their bodily ease and worldly wealth, in meat and drink, and such other/ more than commonly any temporal man doth. And that some serve god for a worldly laud, and to be magnified therefore, more than for the pure love of god. And some lay men say farther/ that though religious men have varied with religious/ and that some priests have varied also with religious in some points concerning the pre-eminence of their perfection, as is said before: that yet in such things as pertain to the maintenance of the worldly honour of the church and of spiritual men, which they call the honour of god, and in such things as pertain to the increase of the riches of spiritual men, religious or secular, they say they agree all in one. And therefore they say, that all spiritual men, as to the multitude/ be more diligent to induce the people to such things, as shall bring riches to the church, as to give money to trentals, and to found chantries and obites, and to obtain pardons, & to go upon pilgrimages/ and such other: than they be to induce them to the payment of their debts/ to make restitutions for such wrongs as they have done/ or to do the works of mercy to their neighbours, that be poor and needy/ and that sometime be also in right extreme necessity.  
¶ And for as much as it is most commonly seen/ that among a great multitude there be many, that work rather upon will than upon reason, And that though they have a good zeal/ yet many times they lack good order and discretion, which is the mother of all virtue. Therefore some persons thinking that worldly honour and riches letteth greatly devotion, so moche that as they think, they can not stand together, have holden opinion, that it is not lawful to the church to have any possessions. And some taking a more mean way therein, have said/ that as they think, it is lawful and also expedient, that the church have possessions: but they think/ that the great abundance, that is in the church/ doth great hurt/ & induceth in many of them, a love to worldly things, and letteth and in manner strangleth the love of god.  
And therefore they think, that it were good to take away that is to much/ and to leave that is sufficient. And some also, as of a policy to pull riches fro the church, have inveighed against all such things as bring riches to the church. And because great riches have come to the church for praying for souls in purgatory, have by words affirmed that there is no purgatory: And that granting of pardons riseth of covetise of the church, and profiteth not the people/ and that pilgrimages be of no effect/ and that the church may make no laws/ and such other things/ as founding of chantries, making of brotherhedes, and many more. Wherein they show outwardly to rise against all the things before rehearsed, and to despise them, and yet they know and believe in their hearts, that all these things be of themself right good and profitable, as they be in deed, if they were ordered as they should be. And some persons there be, that through grace find default only at the abusion and miss order of such things, and speak nothing against the things self, neither of purgatory/ pilgrimages/ setting up of images/ or such oher.  
For they know well, they be ordained of god, and that the misorder riseth only of man for covetise, singularity, or some other such like default, through persuasion and deceit of the ghostly enemy. And though some men have mistaken themself in the said articles, yet divers other have said, that if they had been well and charitably handled, they might have been reformed, and peradventure saved in body and in soul.  
¶ And upon all these matters there is risen a great opinion in the people, in manner universally, that in punishing and corrections all these persons before rehearsed should have like punishment, if spiritual men might have free liberty in that behalf. And that spiritual men would, if they could: as well put them to silence/ that speak against the abusion or disorder of such things, as be before rehearsed/ as them that speak against the thing self. And many other murmours & grudges beside these that be before rehearsed, be among the people, more than I can rehearse now: but yet above all other, me thinketh that it is most to be lamented and sorrowed/ that spiritual men/ knowing these grudges and murmurations among the people, and knowing also that many lay men have opinion/ that a great occasion thereof riseth by spiritual men/ and that they do no more to appease them ne to order themself in no other manner for the appeasing of them, than they do.  
For all that they do therein most commonly is this: they take it, that they that find default at such abusions and disorder, love no priests: and therefore they esteem that they do of malice all that they do, to destroy the church, and to have their goods and possessions themself: And therefore they think it a good deed to see them punished, so that they shall not be able to bring their malice to effect. And therefore have they punished many persons, which much people have judged them to do upon will, and of no love unto the people. And though spiritual men are bound in this case, for appesing of these opinions in the people, which be so dangerous as well to spiritual men, as to temporal men/ that many souls stand in great peril thereby, not only to reform themself, and to leave and avoid all things, that give occasion to the people so to offend, that may by charity be omitted and left/ but also to fast, pray/ were the hear/ give alms, and to do other good deeds for themself and for the people, crying continually to our lord, that these divisions may cease, and that peace and concord may come again into the world: yet it appeareth not that they do so, but that they rather continue still after the old course, pretending by confederacies and worldly policies, and strait corrections to rule the people, and that is greatly to be lamented, and it will be hard for them to bring it so about.  
But if they would a little meken themself, and withdraw such things as have brought the people into this murmur and grudge: they should anon bring a new light of grace into the world, and bring the people to perfit love and obedience to their superiors. And here me thinketh I might say ferther in one thing/ and that is this/ that as long as spiritual rulers will either pretend, that their authority is so high/ and so immediately derived of god, that the people are bound to obey them/ and to accept all that they do and teach/ without arguments resistance or grudging against them, or that they will pretend, that no default is in them, but in the people, and will yet continue still in the same manner, and after the same worldly countenance, as they do now, and have done late time past: The light of grace that is spoken of before, will not appear, but that both parties shall walk in this darkness of malice and division, as they have done in time past.   

¶ An other occasion of this division. The second Chapter.  
THere have been made in times past many good laws by the church for the good order of spiritual men/ which were right necessary to be kept to this day: which now be altered either by a law made to the contrary, or by some evil custom brought up and suffered against them. And I shall briefly recite some of them, as I have found them written by other before this tyme.  
¶ first there was a law made/ that a man well approved in his works and doctrine should be made a bishop, and not a child ne a carnal man/ or that is unlearned in spiritual things.  
¶ Also that nothing should be given in any place for burials/ confession, giving of ordres/ ne for any of the sacraments, nor for any promotion.  
¶ Also that bishops & priests should not be at vain worldly sights or pleys, ne delight in them.  
¶ That it is not lawful for a bishop or priest to be absent on the sunday, but to be at masses, and that fasting.  
¶ That no priest should eat flesh from Quinquagesime to Ester.  
¶ That priests should fast advent.  
¶ That bishops and priests, and especially monks and religious/ shall study in heavenly scriptures/ all learnings and practises of litigious things left and set apart.  
¶ That the bishop shall every year go about his diocese with great diligence, and effect.  
¶ That heavenly scriptures be red at the bishops table.  
¶ That a clerk full of fowl words shall be put from his office.  
¶ That the wages of clerks shallbe given after their merits.  
¶ That priests shall eschew feasts at marriages.  
¶ That clerks shall come in no taverns.  
¶ That a bishop shall have poor apparel, lodging, and table, and feeding for poor men.  
¶ That a bishop shall not lightly strive for transitory things.  
¶ That clerks should rather study, that their brethren that vary be brought to peace, than to judgement.  
¶ That a clerk should instruct every man with his words, and to the intent that poor men should not be grieved, that they should get their living with some handy craft, as saint Paul did.  
¶ That clerks shall not take upon them the acts or procurations of secular men.  
¶ That lay men shall not make clerks their factoures or governors under them.  
¶ That monks after the council of Calcidonence, shallbe wholly intending to fastings and prayers in the places where they renounced the world, and that they forsake not their monasteries for no business of the church ne of the world.  
¶ That clerkis that customably be players at tables or hunters, shallbe prohibit of housling. And saint Iohn Chrysostom upon Mathewe the xxi Chapter saith, that as of the temple cometh out all goodness/ so of the temple all evil proceedeth. And therefore it followeth, that if priesthood be hole, all the church flourisheth: And if it be corrupt, the faith and virtue of the people fadeth also and falleth away: as if thou see a tree that hath weathered leaves, thou knowest there by that there is a default in the rote/ so when thou seest the people live out of good order, know it for certain, that their priesthood is not hole ne sound.  
And therefore if it were asked/ where is now the devotion and obedience of the inferiors, the defence of knights, the peace of Christian princes/ to the end that they, being at a concord, might resist and fight against sismatikes and infidels, recovering again regions, which they have now taken fro christian men, & perverted them: It might be answered/ that they be gone through breaking of such laws.  
¶ Many of these sayings and dyuces other here omitted, be the sayings of Iohn Gerson chancellor of Paris, in a tretice that is called in latin, Declaratio defectuum virorum ecclesiasticorum. In which treatise he reciteth also divers abusions/ whereof I shall recite part under the manner of questions for shortness, as he doth, as well concerning other countries as this/ that they may the rather be known and avoided.  
¶ first he asketh this question. What it availeth/ or what profiteth the church the superfluous pomp of prelate's and cardinals, and what meaneth it?  
¶ Also that one man hath four v. vi. or viii. benefices, whereof he is not percase worthy to have one, wherewith viii persons might be sustained, that give themself to learning/ prayer, & to the service of god? Here (saith he) take heed. Whether horse, dogs, birds, and the superfluous company of men of the church should rather eat the patrimony of the church, than the poor men of Christ/ or that it be expended in the service of god, and to the conversion of infidels, or in such other works of mercy and piety? O how many places (saith he) ordained for the service of god in Rome or else where/ be now through the negligence of the prelate's desolate and destroyed? O how is it that the sword of holy church/ that is the sentence of Excommunication, to her own despite and reproof, is so lightly drawn out: and for so little a thing (as sometime for debt) is so cruelly executed upon poor men? What is it also, that one cause upon a small thing shall continue so many years? and why is not that length of time/ which is the spoiler and robber of poor men, in some convenient manner cut away? why is it not rather mercifully appointed to the jews converted, some reasonable living of their own goods rather then by extreme necessity to compel them to forsake the faith again/ and to reprove christian men/ that they be cruel and have no pity? judge ye also (saith he) whether so great variety of images & pictures be expedient: and whether they do not pervert some simple persons to idolatry? But here it is to be nooted/ that Iohn Gerson findeth not default in setting up of images/ for he commendeth it in many places of his works, but he findeth default at the variety of them in their painting and garnishing with gold/ silver, precious stones, and such other/ with so great riches about them/ that some simple persons might lightly be induced to believe some special working to be in the images/ that is not in them in deed. And so he findeth default at the abuse of images: and not at the setting up of images. Discuss also (saith the said Iohn Gerson) whether so large exemptions as some have/ be expedient? and whether it be profitable so to lead them fro their ordinaries? search also saith he, if there be not some apocrifate writings, or prayers/ or hymns by process of time/ (some of purpose, some by negligence) brought up to the hurt of the faith? but than he asketh: whether all prelate's and priests be guilty in the articles above rehearsed, and he saith our lord forbid it. For like as Helyas, when he had went that all the people of Israel had been fallen to idolatry/ heard our lord say, I have yet reserved seven thousand men/ that never bowed their knees before Baale: right so it may be said, that now in these days our lord hath reserved right many good men both spiritual and temporal/ that be not guilty in any of the said articles, ne yet party in any manner to the said division, which through help of grace, and with the favour of the superiors/ shall be right well able to bring the other to good accord.   

¶ An other occasion of this division. The third Chapter.  
THere be many laws and decrees made by the church wherein it is recited, ꝙ laici sunt clericis infesti, that is to say, that lay men be cruel to clerks/ and therefore the church hath thereupon made divers laws to oppress that cruelty/ as in them appeareth. And thereupon hath followed, that when priests have red the laws/ they have judged thereby, that their rulers have known some great cruelty in lay men against clerks. For else they would not have put though words in to their laws, and that hath caused many spiritual men to adiuge the more lightly, that such things as lay men have done concerning them, hath rather been done of malice and cruelty than otherwise, and that judgement in process of time hath caused them to confedre themself together, to resist that malice/ which they many times by occasion of the said words, have judged to be greater than it was, and have many times recited the words/ affirming them to be true: and therefore they have extended all laws/ that be made against lay men the more extremely against them: Whereby the people in many countries have been so oft grieved and oppressed that they have grudged marueyllously at it. And when lay men have red though words, they have taken thereby, that the makers of the laws/ which represent in them the estate of all spiritual men, have judged that the makers thereof thought, that lay men were cruel against them and where cruelty is judged to be/ there is no love. For like as nothing helpeth more to nourish love in a man/ than that he may know, that the other loveth him, though he never received any profit by him: so nothing nourisheth more division and discord, than that a man know that another loveth him not/ though percase he know/ that he never did him hurt/ ne intendeth not to do. And therefore when lay men have by the words taken occasion to think/ that spiritual men have adjudged cruelty in them: they have anon judged that spiritual men love them not and that hath in their hearts broken the charitable love and obedience/ that they ought to have to spiritual rulers: and though the occasion of this article be not universally (for all lay men have not seen though words) yet the report of the words hath come to the knowledge of many lay men, as well by spiritual men as by temporal men, that have red them: which by long continuance hath nourished one great branch of this division/ which I suppose verily will never fully be appeysed, till the spiritual governors will be as diligent to make laws, that shall bring in meekness among spiritual men, and that may induce them charytablye to suffer some time them that offend them, as they have been in time past to make laws to set spiritual men in such case, that they may correct all them and keep them under, that will any thing resist them. And like as many spiritual men have mysordred themself against lay men, not only in such things as be partly touched before, but also in words/ affirming sometime, that lay men love not priests: so in likewise some lay men gather themself in words against priests, and will say, that there is no good pressed, or that all priests be nought: and some, as it is said/ will call them sometime whoreson priests. And if all these words were prohibit on both sides upon great pains/ I think it would do great good in this behalf.   

¶ An other cause of this division The fourth chapter.  
THe hard & extreme laws that are made for laying violent hands upon clerks, and such other spiritual persons/ hath been an other cause of this division. For they be very parcyalle/ as to the readers will appear, and they be also so general, that neither king nor lord be not excepted in them, but that they should go to the pope to be assoiled. And the said laws be xvii q. iiii. si quis suadente diabolo et ex. de sentenc. excommunicac. ca Non dubium et Ca mulieris: et Ca pervenit: et ca ea noscitur. & in many other chapters there/ et ex. de sentenc. excommunicac. li. vi. ca religioso. And these laws be such/ that if a man in violence lay his hand only upon a clerk/ that he is accoursed: but though a clerk beat a lay man wrongfully/ and with violence, he is not accoursed. And this partiality hath done great hurt.   

¶ An other occasion of this division. The fift Chapter.  
Though there be divers good and reasonable articles ordained by the church to be red openly to the people at certain days, by the church thereto assigned/ which commonly is called the general sentence: yet many curates and their parish priests sometime read only part of the articles/ and omit part thereof/ either for shortness of time/ or else to take such articles as serve most to their purpose. And sometime, as it is said/ they add other excommunications after their mind, that be not put in to the said general sentence. And when the articles be so chosen out/ they sound to so great partiality and favour for spiritual men, either for payment of tithes, offerings, mortuaries/ and such other duties to the church, or for the maintenance of that they call the liberties of the church, as that no priest nor clerk. etc. shall not be put to answer before lay men specially where their bodies should be arrested, or that no impositions should be laid upon the church by temporal power, or against them that with violence lay hands upon priest or clerk/ or such other: that the people be greatly offended thereby, and think great partiality in them, and judge them rather to be made of a pride and covetise of the church: than of any charity to the people, whereby many do rather despise them than obey them. And I suppose verily, that this division will never be perfitly and charitably reformed and brought to good accord, till the people come to this point/ that they shall greatly fear and dread to run in to the leeste censure of the church. And that will never be, till the heeds spiritual will reform themself, and show a fatherly love unto the people, and not extend the sentences of the church upon so light causes, and upon such parcialytie, as they have done in time paste. And if they will reform these points before rehearsed, and some other hereafter following, I suppose verily the people will gladly here them and follow, them. For than, as the gospel saith they be their very shepherds. Wherefore if it were ordained as well by authority of parliament as of convocation/ that such articles should be devised and put in to the general sentence, that should stir as well spyrytualle men, as temporal men to love virtue/ and flee vices/ to love troth and plainness, and to flee falsehood and doubleness/ and that none upon a pain should add or diminish any thing concerning the said articles: I think it would help moche to make a good agreement of this division, and to continue the same, with love and dread betwixt the rulers spiritual and the people, as there ought to be. And if like articles were devised to refrain spiritual men fro giving hereafter any further occasion to this division, or any other like: and they to be red at visitations/ Seenes', & such other like places/ where priests assemble by commandment of their ordinaries/ with certain pains to be appointed by parliament & convocation: I think it would bring many things in to good order/ and help moche to a good reformation of this division.   

¶ An other occasion of this division. The sixth Chapter.  
AN other occasion of this division hath partly risen by temporal men, that have desired moche to have the familiarity of priests in their games and disports, and have used to make moche more of them that were companable, than of them that were not so, and have called them good fellows and good companions. And many also would have chaplains, which they would not only suffer/ but also command to go on hunting, hawking/ and such other vain disports. And some would let them lie among other lay servants, where they could neither use prayer nor contemplation.  
¶ And some of them would suffer them to go in liveries not convenient in colour for a pressed to were, and would also many times set them to worldly offices, as to be bailiffs, receivers/ or stewards: and than when they have by such occasion been moche beaten/ and greatly exercised in such worldly business/ so that the inward devotion of the heart hath been in them as cold and as week in manner, as in lay men, yet if any benefice have fallen void of their gift, they would prefer them to it/ either as in recompense of their business and labours, or for that they were good companions: rather than another good devout man/ that percase is learned and keepeth himself fro such worldly vanities and idle company, or that is disposed sometime to admonish charitably such as he is in company with, of such defaults as he seeth or heareth of them/ and that few men do love to here: And therefore will they prefer them/ that will let them alone. And yet when they have so done, they will anon speak evil of priests/ and report great lightness in them, and lightly noote one priest with another priests default, and that when they have been partly occasioners to their offences themself, as it is said before. And this demeanour hath through a long continuance nourished some part of this division, and so will it do as long as it continueth. And also where by the law/ priests aught to be at the church on sundays & holy days, and help forth the service of god in the quere and ought also when they be there to be ordered by the curate: yet never the less many men that have chaplains, will not suffer them to come in the parish church, and when they be there, they will not have them ordered by the curate, but after themself: ne see them be in the quere, but sendeth them many times on other errands, and that in worldly matters, as customably as they do other servants, and many such chaplains show themself evidently by their diligence in that behalf/ to be better content to do that business, than to be in the quere/ and that maketh the curates and the neighbours both to think a great lightness in them, and do discommend them for it, and when they here of it, they be also discontented, and their masters both, and say the other have no thing to do with it, and commonly other chaplains will take part in such matters: whereupon divers grudges and variances have risen in many places/ that have done great hurt in this behalf. And as it is in this case of chaplains, and serving priests, so it is also of chantry priests & brotherhood priests in many places. And as it seemeth these articles might be helped thus, that is to say/ that it be prohibited upon a pain, that no priest shall hereafter customably use hunting/ hawking, cards/ dice/ nor such other games unfitting for a priest though percase he may as for a recreation use some honest disports for a time: ne customably use the ale house or tavern. And if any pressed use any such unlawful games or other demeanour, not convenient for a priest, so moche that the people be offended by it, and find default at it, that than if he be warned thereof by an abbot and a justice of the peace of the shire/ where he is dwelling, and yet he do not reform himself: that than beside the said pain, he be by convocation suspended fro ministering the sacraments, and be disabled to take any service, till he be enabled again by the king and the ordinary. And that it be ferther enacted/ that no man shall have a chaplain hereafter/ but he have a standing house/ and that only in his standing house, and none to have a riding chaplain under the degree of a baron/ and that he that hath a standing house, and hath also a chaplain, shall upon a pain provide for his chaplain a secret lodging with lock & key/ that he may lodge fro the comen recourse of the lay servants, and use himself therein conveniently in reading/ prayer, or contemplation/ or such other labours and business as be convenient for a priest to use.   

¶ An other cause of the said division. The seventh chapter.  
AN other occasion of the said division hath been/ by reason of divers suits, that have been taken in the spiritual courts of office, that is called in latin, ex officio: so that the parties have not known who hath accused them, & thereupon they have sometime been caused to abjure in causes of heresies: sometime to do penance, or to pay great sums of money for redeeming thereof, which vexation & charges the parties have thought have come to them by the judges and the officers of the spiritual court/ for they have known none other accusers/ and that hath caused moche people in divers parties of this realm to think great malice and parcialytie in the spiritual judges. And if a man be ex officio brought before the ordinary for heresy/ if he be notably suspected of heresy: he must purge himself after the will of the ordinary/ or be accursed, and that is by the law, extra de hereticis. Ca Ad abolendam. And that is thought by many to be a very hard law, for a man may be suspected and not guilty, and so be driven to a purgation without proof or with out offence in him, or be accursed: and it appeareth de hereticis li vi. in the chapter In fidei favorem, that they that be accursed, and also parties to the same offence may be witness in heresy: and in the chapter accusatus, pag. licet, it appeareth, that if a man be sworn to say the truth concerning heresy, as well of himself as of other/ and he first confesseth nothing, and after contrary to his first saying he appealeth both himself and other: if it appear by manifest tokens, that he doth it not of lightness of mind, ne of hatred/ nor for corruption of money: that than his witness in favour of the faith shall stand as well against himself, as against other: and yet it appeareth evidently in the same court, and in the same matter that he is a perjured person.  
This is a dangerous law, and more like to cause untrue and unlawful men to condemn innocentes, than to condemn offenders. And it helpeth little, that if there be tokens/ that it is not done of hatred/ nor for corruption of money: that it should be taken: for some time a wolf may show himself in the apparel of a lamb. And if the judge be partial, such tokens may be sooner accepted than truly showed. And in the chapter there, that beginneth Statuta quedam/ it is decreed, that if the bishop or other enquerours of heresy, see that any great danger might come to the accusers or witness of heresy by the great power of them that be accused: that than they may command, that the names of the accusoures or witness shall not be showed but to the bishop or enquerours/ or such other learned men as be called to them, and that shall suffice, though they be not showed to the party. And for the more indemnity of the said accusoures and witness it is there decreed, that the bishop or inqueroures may enjoin such as they have showed the names of such witness unto, to keep them close upon pain of excommunication, for disclosing that secret without their lycens. And surely this is a sore law/ that a man shall be condemned, and not know the names of them that be causers thereof.  
¶ And though the said law seem to be made upon a good consideration for the indemnity of the accusers and witness, yet it seemeth that that consideration can not suffice to prove the law reasonable. For it seemeth that the accusoures and witness might be saved fro danger by another way/ and that is by this way. If the bishop or inquerours dread that the accusoures and witness might take hurt, as is said before: than might they show it to the king and to his counsel/ beseeching his grace of help in that behalf, to save and defend the accusoures and witness fro the extort power of them that be accused: And if they would do so: it is not to suppose, but that the king would sufficiently provide for their safeguard: But for as much as it should seem, that spiritual men somewhat pretend to punish heresies only of their own power, without calling for any assistance of the temporal power/ therefore they make such laws/ as may help forth their purpose, as they think: but surely that is not the charitable way, to put the knowledge of the names of the accusers and witness fro him that is accused, for if he knew them, he might percase allege and prove so great and so vehement cause of rancour and malice in them that accuse him, that their sayings by no law ought not to stand against him. And that spiritual men pretend, that they only should have the hole inquerie and punishment of heresy, it appeareth extra de hereticis li vi. ca ut inquisitionis, ꝑag. prohibemus: where all powers/ and all lords temporal and rulers be prohibit/ that they shall not in any manner take knowledge or judge upon heresy, sith it is mere spiritual, and he that inquereth of heresy, taketh knowledge of heresy. And so the sum called summa rosella, taketh it titulo ex communicac. perag. iiii. And if that be true, it seemeth than that all justices of peace in this realm be excommunicate: for they by authority of the kings commissions and also by statute inquire of heresies. And I think it is not in the church to prohibit that: for though it were so, that the temporal men may not judge/ what is heresy and what not, yet they may, as it seemeth, by their own authority inquire of it/ and inform the ordinary, what they have found. And also if a metropolytane with all his clergy and people of his diocese fell into heresy: it would be hard to redress it without temporal power. And therefore temporal men be ready and are bound to be ready to oppress heresies/ when they rise: as spiritual men be. And therefore spiritual men may not take all the thank to themself/ when heresies be punished, as though their charity and power only did it, for they have the favour and help of temporal men to do it, or else many times it would not be brought about.  
Nevertheless my intent is not to prove the said laws all holly to be cruel & unreasonable, for I know well, that it is right expedient, that straight laws be made for punishment of heresies, that be heresies in deed, more rather than any other offence, and that the discretion of the judges spiritual may right well assuage the rigour of the said laws, and use them more favourably against them that be innocent, than against them that be wilful offenders, if they will charitably search for the truth. But surely if the said laws should be put in to the handling of cruel judges, it might happen that they should many times punyssh innocentes as well as offenders/ but I trust in god, it is not so. Nevertheless whether it be so or not/ certain it is that there is a great rumour among the people, that it is so/ & that spiritual men punish not heresy only for zeal of the faith, and of a love & a zeal to the people, with a fatherly piety to them that so offend/ as they ought to do/ how great offenders so ever they be, but that they do it rather to oppress than that speaketh any thing against the worldly power or riches of spiritual men, or against the great confederacy, that (as many men say) is in them to maynteygne it. And though many spiritual men may be found, that have right many great virtues and great gifts of god, as chastity, liberality, patience, soberness, temperance, cunning, and such other/ yet it will be hard to find any one spiritual man, that is not infect with the said desire and affection to have the worldly honour of priests exalted and preferred/ & therefore if any lay man report any evil of a priest/ though it be openly known/ that it is as he sayeth, yet they will be more diligent to cause the lay man to cease of that saying, than to do that in them is, to reform that is amiss in the priest/ that is spoken of, taking as it were an occasion to do the less in such reformations, because lay men speak so moche against them: But surely that will be none excuse to spiritual rulers afore god/ when he shall ask account of his people/ that were committed unto their keeping.  
¶ And if this division be suffered to continue, it is not unlike, but that great bending shall follow on both parties, whereby great hurt and inconvenience may grow unto moche people. And I see none that may set a mean way between these extremities, ne that mindeth any thing to do good in it, but the kings grace and his parliament. And I think verily that they are bound in conscience to follow it with effect, till the division be clearly cessed. Our lord of his mercy send them grace to do it. Amen.   

¶ An other occasion of this division. The eight chapter.  
IT is a comen opinion among doctors, that none is an heretic for that only that he erreth/ but for that he defendeth opynatyfelye his error. And therefore he that erreth of simplicity, may in no wise be said an heretic. And summa rosella, in the title hereticus in principio, sayeth: that a man may err, and merit thereby: and he putteth this example. If a simple unlearned man here the preaching of his bishop/ that preacheth haply against the faith/ and he believeth it with a ready mind to obey: this man meriteth, and yet he erreth: but that is to be understand where ignorance excuseth. Than it seemeth, that it is not enough to prove that a man is an heretic/ for that he hath holden opinions against that the church teacheth/ ne that he ought not to make any purgation nor abjuration for it: for that that he hielde in such case was not his faith/ but the faith of the church was his faith, though haply he were not than fully advised of it. And therefore saint Aidan, when he held the wrong part of keeping of Eester was no heretic/ and some say that saint Chadde was of the same opinion as saint Aydan was, which in likewise was no heretic, for their desire was to know the truth: and therefore it is not red that they made either purgation or abjuration, ne yet the abbot joachim, which nevertheless erred/ for he was ready to submit him to the determination of the church/ and therefore he was neither holden as an heretic/ ne compelled to abjure. Than if this be sooth, it were great pity/ if it should be true, as is reported, that there should be so great a desire in some spiritual men to have men abjured, or have the extreme punishment for heresy/ as it is said there is. For as some have reported, if any will witness, that a man hath spoken any thing, that is heresy, though he speak it only of an ignorance, or of a passion, or if he can by interrogatoryes and questions be driven to confess any thing/ that is prohibited by the church: anon they will drive him to abjure, or hold him attainted without examining the intent or cause of his saying, or whether he had a mind to be reformed or not: and that is a very sore way, our lord be more merciful to our souls, than so grievously to punish us for every light default.  
And here some say that because there is so great a desire in spiritual men, to have men abjure/ and to be noted with heresy/ and that some, as it were of a policy, do noise it, that the royalme is full of physics, more than it is in deed: that it is very perilous, that spiritual men should have authority to arrest a man for every light suspection, or complaint of heresy, till that desire of punishment in spiritual men be ceased and gone: but that they should make process against them to bring them in upon pain of cursing: and than, if they tarry forty days, the kings laws to bring them in by a writ De excommunicato capiendo, and so to be brought fourth out of the kings jail to answer. But surely, as it is somewhat touched before in the vii chap. it seemeth that the church in time past hath done what they could to bring about, that they might punish heresy of themself/ without calling for any help therein of the secular power.  
¶ And therefore they have made laws that heretics might be arrested and put in prison/ and stocks if need were/ as appeareth Clementinis de hereticis. Ca multorum querela. And after at the special calling on of the spirituality/ it was enacted by parliament, that ordinaries might arrest men for heresy: for sum men think, that the said Clementyne was not of effect in the kings law to arrest any man for heresy: But if a man were openly and notably suspected of heresy/ and that there were sufficient record and witness against him/ & there were also a doubt that he would flee and not appear, whereby he might infect other: it seemeth convenient that he be arrested by the body: but not upon every light complaint, that full lightly may be untrue. And it will be right expedient, that the kings highness and his counsel look specially upon this matter, and not to cease/ till it be brought to more quietness than it is yet, and to see with great diligence, that pride, covetise, nor worldly love be no judges, nor innocentes be punished, ne yet that wilful offenders go not without dew correction.   

¶ An other cause of this division. ¶ The ix Chapter.  
AN other occasion of this division hath risen by the extremities that have been showed in suits taken in the spiritual courts, by spiritual men, for there hath thereby risen an opinion among moche people/ that a man were as good or better to let a spiritual man have at the beginning all that he demandeth, as to strive with him in the spiritual law for it. In so much/ that as it is said such extremities have been used in the spiritual law for tithes, that no prescription/ custom, composition, nor other plea shall be admitted in the spiritual law against them. And surely if that be true, it is a great partiality, and a great denying of justice. And therefore it would be reformed. And as for mortuaries they be annulled all ready by statute: But yet beginneth to rise one thing to maintain the first division concerning such mortuaries, if it be suffered to continue, and that is/ that many curates/ not regarding the kings statute in that behalf, persuade their parishians, when they be sick, to believe that they can not be saved, but they restore them as much as the old mortuary would have amounted to.  
And surely, the Curates that by that means get any recompense, by gift, or by quest, are bound in conscience to restitution. For he is deceived in his gift or bequest. For it proceedeth not of a free liberty/ but upon that untrue information. And like as a contract, whereby a man is deceived in that thing that is sold, holdeth not in conscience, as if a man sell copper for gold, or wine mixed with water for pure wine: and so it is when a man maketh a gift or a bequest upon an untrue surmise. And that no man is bounden in conscience to restore for his mortuary now, sith the statute of mortuaries was made/ it may appear thus. It is holden by them, that be learned in the law of this realm, that the parliament hath an absolute power, as to the possession of all temporal things within this realm, in whose hands so ever they be/ spyrytualle, or temporal/ to take them from one man, and give them to an other/ without any cause or consideration. For if they do it, it bindeth in the law. And if there be a consideration/ that it bindeth in law and conscience. And certain it is, that all such mortuaries were temporal goods/ though they were claimed by spyrytualle men: And the cause why they were taken away was, for as much as there were few things within this realm, that caused more variance among the people, than they did/ when they were suffered: for they were taken so far against the order of the kings laws, and against justice and right as shall hereafter appear. first they were taken not only after the death of the husband, but also after the death of the wife, which after the laws of the realm had no goods, but that it was taken of the husbands goods/ and they were taken also of servants and children as well infants as other. And if a man died by the way, and had an household in an other place, he should pay mortuaries in both places. And some time when the parson/ and vicar of a church appropried/ varied for the mortuaries, the people (as it hath been reported) have been enforced, ere they could sit in rest/ to pay in some places mortuaries to them both. And sometime the curates would prohibit poor men to sell their goods in time of their sickness, if they were such goods as were like to be their mortuaries: for they would say it was done in defraud of the church. And if the quick goods were better than the deed goods, they would in some places take the quick: And if the dead goods were better than the quick, they would take the dead. And the mortuaries must be delivered forthwith, or else the body should not be buried. And they prescribed to have right to mortuaries only by the prescription of the spiritual law. And under that manner mortuaries increased daily in many places/ where they had not been used before/ and of likelihood would have gone farther, if they had not been stopped in tyme. And they were in many places taken in such manner/ that it made the people to think, that the curates loved their mortuaries better than their lives. And thereupon rose in many places great division and grudge betwixt them, which broke the peace, love, & charity that should be between the curate and his parishians, to the great unquietness of many of the kings subjects, as well spiritual as temporal/ and to the great danger and peril of their souls. For these causes the said mortuaries be annulled by parliament/ as well in conscience as in the law: And yet it is said that some curates use great extremities concerning the said mortuaries another way: and that is this. If the executors at the first request pay not the money that is appointed by the statute/ they will anon have a citation against him, And there he shallbe so handled, that as it is said, it had been most commonly moche better too him too have paid his old mortuary, than the costs and expenses that he shall pay there. And if it be so, it would be reformed. And surely this matter would be groundly looked upon: for some men say, that the suit in that case ought to be taken in the kings court/ and not in the spiritual court.   

¶ Other occasions of this division. The tenth chapter.  
THe extreme and covetous demeanour of some curates with their parisshens/ whereof mention is partly made hereafter, hath been an other cause of this division: And though many spiritual men be not fellows with them in the extremities: yet none of them that have been best and most indifferent have not done any thing to reform them that use such extremities/ ne to make them think, that any default is in them in that doing: but rather, as it were with a deaf ear, have dissimuled it, and suffered it pass over/ and have endeavoured themself more to oppress all the lay people, that would speak against it, than to reform them that do it.  
And some of the said extremities be those. Some say, that in taking of tithes, curates in some places will have the ten part of every thing within the parish, that is tythable, though their predecessors without time of mind, have been contented without it: and though there be sufficient beside for the curate to live on, or though he hath not known, but that percase some other thing in old time hath been assigned in recompense for it. And in some place is asked, as it is said, tithe both of chickens and eggs, and in some place of milk and cheese, and in some place the x. part of the ground, and also of that that falleth on the ground. And in some places is claimed tithe of servants wages without deduction: And it is but in few places that any servant shall go quite without some tithe paying/ though he have spent all in sickness, or upon his father and mother/ or such other necessary expenses.  
And in some places if a parisshen have not x. calves that year, the curate will put the tithing of till another year/ and than to take a tithe calf, accounting both years together/ rather than he would the first year take the money, that is in that case assigned by the law. And they do likewise of lambs, pigs, and such other things. Also in many places the curates take more at marriages, burials, and obites, than they were wont to do, and will not bury a stranger that dieth within the parish, but he have some what for it. Also some curates/ when there is any variance between him and any of his parisshens, or that any of his parishians be in his det, hath prohibit them fro housel till he be paid. And it hath been sometime seen, that when a poor man hath been set to be houseled, the curate hath before all the parish upon some such displeasure caused him to rise and go away without housel, to his rebuke.  
And though these abusions be not used universally (god forbid they should) for there be many good curates and other spiritual men, that would not use them for the winning or losing of noerthly things: yet when people of divers countries meet together/ and one of them telleth an other of some such extremities in some curates in his country, and the other likewise to him: anon they esteem such covetise and extreme dealing to be in all curates. And though they do not well in that doing/ for the offence of one priest is no offence to an other, if they so will take it: Yet spiritual men do nothing therein to bring the people out of that judgement, but suffer such abusions to be used by some of them continually without correction/ and (as I have said before) will rather labour to stop the mouths of them, that will find default at such demeanour, than to help to reform them that do it. And surely as long as they do so, it will be very hard to have a good unity and peace in this behalf.   

¶ Other causes of the said division. The xi Chapter.  
AN other thing that hath caused the people to grudge against the pope & other spiritual rulers hath been the granting of pardons for money. For when it hath been noised, that the money should be bestowed to some charitable use, as upon the building of saint Peter's church in Rome, or to such other charitable use: it hath appeared afterward evidently, that it hath not been disposed to that use. And that hath caused many to think that the said pardons were granted rather of covetise, than of charity, or for the health of the souls of the people. And thereupon some have fallen in manner in to despising of pardons, as though pardons granted upon such covetise, should not avail. And because the people be greatly deceived in that judgement/ for as to the taker, the pardon is good, though the grauntor offend in his granting of the pardon. Therefore it is right necessary/ that the rulers take heed, that pardons be hereafter granted in such charitable manner, that the people shall have no occasion ne colour to think, that they be granted of covetise: And than the grauntoures shall profit themself in their grant/ and the people also in their taking, and else it may lightly hurt them both. And verily it were great pity, that any misliking of pardons should grow in the hearts of the people for any misdemeanour in the grauntours or otherwise/ for they be right necessary. And I suppose that if certain pardons were granted freely without money, for saying of certain prayers therein to be appointed, that all misliking of pardons would shortly cease and vanish away.   

¶ An other cause of this division. The xii chapter.  
AN other cause of this division hath been by reason of divers laws and constitutyons which have been made by the church, sometime by the Pope, sometime by Legates/ or by metropolitans in their province: wherein they have many times exceeded their authority, and attempted in many things against the law of the realm. And yet nevertheless many priests have given full credence to them/ for they have thought that the makers thereof, which were the heeds of the church, would not make any law, but by good and sufficient authority. And thereupon it hath followed/ that when any doubt or question hath risen upon the said laws: all spiritual men in manner would stick fast to the laws, and many temporal men by reason of a comen use and custom, that they have seen to the contrary, have resisted them: whereupon have risen in many places great strife, variances, & great expenses in the spiritual law. Whereby many temporal men have thought that spiritual courts be rather used for maintenance of covetise, than for ministration of justice. And though, with the mercy of our lord, the truth is not so universally: yet some diligence would be taken to remove that judgement fro the people.  
¶ And of these laws is the constitution of Bonyface the archbishop of Canterbury/ whereby it is decreed, that he that letteth a woman covert to make her will, or that letteth it to be proved, is accursed: and the law of the realm is, that a woman covert hath no goods, that she may make any will of, except it be of a thing in action, or that she were executrix before. And if she were so, than with licence of her husband she may make an executor to the intent he may levy the debt or fulfil the first will. An other like law is of the decree of the right reverend father in god, Roberte Wynchelsye/ late archbishop of Canterbury, made against the comen custom of the realm for tithe of wood: above twenty year not to be paid/ which custom was confirmed by the statute made in the xiu year of king E. the iii that is commonly called the statute of silva cedua: By reason of which decree great suits, variances, & expenses have ensued and will ensue, if it be suffered. wherefore the said statute would be thoroughly seen: And if it be good, than not to suffer any decree to stand against it/ and else clearly to break it. Other like laws be the laws that be made by the church, that executors shall not upon pain of cursing, administer, till they have proved the testament: where the law of the realm is/ that they may: & so reason would that they should be: for else the goods of the testator might be enbeselled & lost for ever. And that lay men may not put clerks to answer before them, specially in criminal causes. And for the strength of the laws many spiritual men have reportid openly, & that sometime in open sermons, that such putting to answer of priests before lay men is prohibited by the law of god/ whereupon me thinketh are greatly to be noted these points/ that is to say, that if it be as they say/ that it is against the law of god/ that than great default is in them, that they have done no more to reform it than they have done, for clering the conscience of so many people, as than daily offend thereby. And if it be ●at, as they say/ than they maintain an untruth, which is a great offence in men of such gravity & perfection as they be. And they also be thereby bound to restitution as the temporal princes, which ought to have their fines & amerciaments upon such suits, as should be taken against priests in their courts: whereof they or many times excluded by reason of the said pretenced privilege. And if it could be sufficiently proved, that it is against the law of god, to put priests to answer before lay men: than degrading of them could not help: For not withstanding the disgrading, the character abideth/ & so he is a priest still, as he was before. And I suppose verily that than the kings progenitors would in time passed have assented to it. And that the kings grace, & all his realm, would with good will also conform themself to it/ but that was never sufficiently proved, as far as I have herd. And to that that some spiritual men say, that it is an ancient custom, and a custom approved, that priests in felonies/ murders, & treasons should not be put to answer before lay men, and that by reason of that old custom, they ought to be privileged in that behalf/ though it can not be proved directly by the law of god: to that it may be answered, that there was never yet such custom in this realm approved. For priests have been arraigned always for treason and felony before the kings justices. And for treason it hath been seen, that they have been put in execution/ as it appeareth by a complaint made by the clergy in the parliament holden in the xxv year of king Edward the third pro Clero/ where the clergy complained, that priests, monks, & religious, were contrary to the liberties of the church (as they said) put to death: and upon that complaint it was enacted, that all manner clerks, as well secular as religious, that should fro thence forth be convict before any justice secular, for any manner of treason or felony/ touching other persons/ than the king or his royal majesty, should have fro thence forth freely the privilege of holy church, and be without let or delay delivered to the ordinary them demanding. And it seemeth that by that term, Clerk, in that statute pro Clero, is understand as well clerks that be within orders, as clerks that can read as clerks, and yet be not within orders: for they shall have their clergy in petyte treason/ which be commonly taken to be such treasons/ as be recited in the later end of the declaration of treason, made in the said xxv year of Ed. the iii whereof the escheat belongeth to the lords of the fee. But in the other treasons that be recited in the said declaration/ whereof the forfeiture is only to the king: none shall have his clergy by the common law/ clerk within orders nor lay man, that can read/ neither is not any remedy provided for no manner of clerks in the treasons/ for they touch the king and his royal majesty. And therefore they be excepted in the said statute ꝓ Clero, as before appeareth, & be commonly called high treasons: & of that nature of treason is now washing/ clipping & filing of money: for the statute made anno ii H. v. is, that it shallbe treason to the king & to the realm. And therefore no clerk can there have his clergy.  
¶ And here I would move a little farther, that if a clerk within ordres bren a house, because he had not certain money laid in a secret place as he appointed by a bill: whether he shall have his privilege: for the statute made in that case/ is that such brenning shall be high treason. And yet the forfeiture is given to the lords of the fee. etc. And the said statute is anno viii H. vi. ca vi. And sith it is haute treason/ many men suppose, that he shall not have his clergy: but I commit that to other, that list to treat farther of that matter: But for countrefayting and forging the coin of an other realm: I suppose a clerk should not be put in execution, if he will ask his privilege. For the statute is no more, but that it shall be treason, and sayeth not that it shall be treason to the king and to the realm/ as the other statute doth. And therefore I suppose that by the said statute pro clero/ he shall have his clergy. Yet never the less that statute pro clero in one point declareth the common law to be more straighter against the privilege of clergy/ than many men take it to be: and that is in this point. If a clerk steel any of the kings goods, that he shall not have the privilege of his clergy. For the said statute is, that he shall have his clergy in treason or felony concerning other persons than the king or his royal majesty. And therefore for felony concerning the king self/ it seemeth that a clerk at the comen law, should not have had the privilege of his clergy: but that I remit to other, that be learned in the laws of the realm. And I have spoken the further of these matters, because as me seemeth, it were right expedient, that spiritual men should know them, & such other as most specially ꝑteine unto them, more perfectly than they have done in time paste: and more rather to covet to have the true understanding of them, than to report that the makers of them offended in the making, specially seeing that they were made by the king, with the assent of all the lords spiritual and temporalle/ and of the commons, and some of them at the special request and petition of the spirituality.  
¶ And here me thinketh I might say a little farther in this matter, and that (as it is like) the troth will prove, that is to say: that as long as the jurisdictions spiritual and temporal be suffered to stand in such case as they do now, that temporal men shall say that spiritual men make laws, that they have non authority to make/ and that spiritual men shall say, that temporal men make laws that be against the liberty of the church, wherefore they be accursed, and no other order taken to have it known, what is the liberty of the church, and what not/ than is yet taken: It will be long ere this division will be fully appeased. Than to return to the privileges of clerks. The truth is, that yet clerks within orders be more favoured than clerks that be not within orders. For if a priest be arraigned of felony/ and confesseth the felony, or is found guilty, and than he prayeth the benefit of his privilege, and showeth the letters of his orders, in that case the judges will not compel him to read. For sith the church hath admitted him to orders, the law presumeth that he can read as many men say. And over that if a priest would wilfully forsake his privilege, and confess the felony and become a prover: yet if the ordinary will ask him as a member of the church/ and show the letters of his orders, he shall have him, and that is by the statute called articuli cleri. For before that statute he should have been compelled to have done battle/ if the approvee would have waged it. And also if a priest, after that he hath confessed the felony, or after that he is found guilty/ will pray his clergy, and after of wilfulness he will renounce his privilege: yet if the ordinary will ask him, he shall have him: and that is by the comen law. But in this matter it is a doubt, to many men/ whether it sufficeth to the ordinary only to affirm, that he is a priest & so to ask him: or that he must show the letters of his orders. And I suppose/ that it is sufficient/ if he affirm that he is within orders, though he show not the letters of his orders/ nor yet the regestring of them. And that seemeth by the statute of an four H. seven. ca, xiii. where it appeareth that the Certificate of the ordinary, that he is within orders should suffice. And if his certificate should suffice, than it seemeth that his saying in his own person/ that the other is a clerk/ should suffice.  
¶ And in the statute made anno xxiii Henrici octavi/ ca i. it appeareth, that clerks within holy orders/ have greater privilege, concerning their clergy, than clerks that be not within orders. But never the less I leave that matter to the determination of other.  
¶ But admit/ that there had been such accustom received and admitted in the realm/ that priests should not be put to answer before lay men, and that than this question were asked, whether the parliament might break that custom? To that question (as it seemeth) it may be answered thus: That if that custom turn in to an occasion and boldness of theft and murder, and other like things against the kings peace, and that as well in many spiritual men as in temporal men by example of spiritual men, which by reason of that privilege take a boldness to offend: It were not only a lawful deed to break that custom, but a right good & meritorious deed to do it, and a deed that the king is bound to at his coronation. For he is sworn to maynteigne the good customs of his realm and to break the evil. And sure it is, that all customs that be against his peace/ be evil, as this should be, if that effect should follow of it/ as before appeareth. And that the king is specially bound by his laws to avoid all things, that may be a let to his peace, it appeareth by the statute that is called statutum de defētione armorum, where it is said among other things thus. To the king it appertaineth by his royal seynorye to defend strongly all arms, and all other force against his peace as oft as it shall please him. And that he may punish them that do against his peace after the laws and customs of his realm. And that all his lords spiritual and temporal are bound to aid him therein as their sovereign lord. And sith murders and felonies are specially against the kings peace: therefore the said custom should be against his peace/ if such effect should follow of it, as before appeareth. Wherefore it seemeth, that he should then have authority in his parliament to break that custom, as a thing against the peace and quyetenes of his people. And he that hath authority to avoid such things, as break his peace, hath also authority to prevent and devoid such things, as may give occasion to the breaking of his peace, as that custom should do, if the said effect should follow of it. And certain it is, that it hurteth no more a good pressed, that an evil priest is punished, than it hurteth a lay man, that he is punished: ne no more than it hurteth a good lay man or woman, that another is evil and is punished for it. And I suppose verily, that this division will never be perfitly appeased, till priests and religious will be as loath to here of any default in a lay man or lay woman/ as in a pressed or in a religious person. And that will never be as long as the great confederacies and singularity continueth among priests and among religious persons, as it doth now. The good lay men and women must patiently bear the evil report of other lay men and women, that be of the same condition as they be/ and so they shall be taught by spiritual men/ that they ought to do: but they will not do so themself. In so much that I suppose verily, that many a priest & religious would grudge more against an evil report made of a priest or religious/ that in deed were guilty, in pride/ covetise, anger/ malice, gluttony, lechery, or such other: than they would be against a like evil report made of a lay man or a lay woman, that were not guilty.  
¶ divers other laws there be/ that be made by the church: that many men think the church had no power to make: As it is/ that no benefice shallbe let to a lay man/ but a spiritual man be joined with him: Or that it shall not be let above iii years. And also the constitution of a dismission noble, & such other, that were to long to rehearse now. For these suffice to show, that by such laws, made by the church/ that they had no power to make any law of/ hath risen one special cause of this division.   

¶ An other occasion of this division. The xiii Chapter.  
AN other occasion of this division hath risen by reason of feigned visitations, used in times passed by ordinaries and other, that have had power to visit houses of religion and churches in the country: For there is a comen opinion in manner universally risen among the people, that such visitations/ after the manner as they be used/ do little good, and rather increase vice than virtue. And verily the more pity is, it seemeth to be true as they say. For it is used/ that at such visitations, visitors take of the houses of religion that they visit/ some certain pension: And for visitation of churches they have of some certain church/ meet and drink, where they visit/ and than they gather some certain duty of all the churches within a certain circuit in that country. And never the less/ as the comen opinion goeth/ commonly they reform nothing/ but as they find it, so they leave it/ and neither comfort they virtue/ ne punish vice/ but many times the contrary, by some worldly demeanour or evil example, that the people see in them. And thus when the people have seen, that offenders, as well spiritual as temporal/ continue after the visitation as they did before: they have conjectured/ that the ordinaries and visitors do visit more rather for their pensions/ than for any good order or reformation. And this/ through a long continuance, hath brought the people to judge great covetise in such visitors/ which commonly be of the greatest rulers of the spirituality: whereby the peole by little and little have fallen into a dispraising of such visitations/ and into a misliking of their rulers spiritual, and of such pomp and worldly behaviour, as is showed by them at such visitations. And than when such visitors and spiritual rulers have perceived, that the people have misliked their visitations, they have disdained it, and have continued still as they did before: and so hath the grudge between them continued secretly of long tyme. And surely it is to be much marveled, that visitors will attempt to take at their visitations any pension or imposition of them that they visit, contrary to the good laws that be made in the vi book, ti. de censibus. ca romana, et exigit. Wherein great penalties be set upon them that take any pension at their visitations/ contrary to the said laws/ as in the same doth appear. And but there be any secret dispensation in that behalf: many be suspended / that daily minister. And if there be any such secret dispensation, it is to doubt, that the grant thereof proceeded not of charity, but of some covetise and singularite: if the very ground thereof were thoroughly searched. Wherefore it were right expedient/ that such visitations were set in such order, as well by spiritual authority/ as by temporal authority, that good men hereafter might thereby be comforted/ and evil men corrected & reform, to the good example of all other that should here of it.   

¶ An other cause of this division. The xiiii Chapter.  
another cause of the said division hath risen by occasion of the great multitude of licences and dispensations, that have been made for money by pope's and bishops in time passed/ contrary to divers good laws made by the church, as of pluralites, against the law that no man should have but one benefice/ and of licence to curates to be non resident, of capacities to men of religion, and that none shall take orders ne be promoted afore a certain age, and such other: which licences & dispensations have been so accustomably granted for money without cause reasonable, that great inconveniences have followed upon it, to the great grudge, and mumur, and evil example of all the people.   

¶ An other cause of the said division. The xu Chapter.  
AN other occasion of the said division hath risen by a great larnes and liberty of living/ that the people have seen in many religious men. For they say, that though religious men profess obedience & poverty/ yet many of them have & will have their own will, with pleynty & delicate feeding, in such abundance that no obedience nor poverty appeareth in them. And therefore many have said, and yet say to this day, that religious men have the most pleasant & delicate life that any men have. And truly if we behold the holiness & blessed examples of holy fathers, & of many religious persons, that have been in time past/ and of many religious persons that be now in these days: we should see right great diversity between them, I trow (as for many of them) as great diversity as is between heaven & hell. And here, as it seemeth, I might conveniently rehearse the words that be spoken in the first book of the following of christ/ the xviii chapter, where it speaketh of the holy fathers, that have been in religion in time past/ and saith thus. They served our lord, in hunger and in thirst, in heat and in cold, in nakedness/ in labour, and in weariness/ in vigiles & fastings, in prayers, and in holy meditations, in persecutions, and in many reproffes. They refused honours here in this life, that they might always have them in the everlasting life. O how straight and how abject a life led the holy fathers in wilderness? how grievous temptations they suffered? how fiercely they were with their ghostly enemies assailed? how fervent prayer they daily offered to god? what rigorous abstinence they used? how great zeal & fervour they had to spiritual profit? how strong battle against all sin? And how pure and whole intent they had to god in all their deeds? on the day they laboured, and on the night they prayed. And though they laboured on the day bodily, yet they prayed in mind, and so they spent their time always fruitfully, and thought every hour short: for the service of god/ and for the great sweetness that they had in heavenly contemplation, they forget oft times their bodily refection. All riches/ honour/ dignities/ kinsmen, and friends they renounced for the love of god. They coveted to have nothing of the world, so that scarcely they would take that was necessary for the bodily kind. They were poor in worldly goods/ but they were rich in grace and virtues. They were needy outwardly, but inwardly they were replenished with grace and ghostly comforts. To the world they were aliens and strangers, but to god they were right dear and familiar friends. In the sight of the world and in their own sight they were vile and abject, but in the sight of god and of his saints they were precious and singularly elect. In them shone all perfection of virtue/ true meekness, simple obedience, charity, and patience/ with other like virtues & gracious gifts of god. Wherefore they profited daily in spirit, and obtained great grace of god. They be left as an example to all religious persons, and more ought their examples to steer them to devotion, and to profit more & more in virtue & grace/ than the great multitude of dissolute and idle persons should any thing draw them aback. O what fervour was in religious persons at the beginning of their religion? What devotion in prayers/ what zeal to virtue, what love to ghostly discipline, and what reverence and meek obedience flourished in them under the rule of their superior? truly their deeds yet bear witness/ that they were holy and perfit, that so mightily subdued the world/ and thrust it under foot. Thus far goeth the said chapter. But the more pity is/ most men say, that now a days many religious men will rather follow their own will, than the will of their superior, and that they will neither have hunger neither thirst, heat, nor cold: nakedness, weariness/ nor labour, but riches, honour/ dignities, friends, & worldly acqueintance, attendance of servants at their commandements, pleasures/ disports, & that more liberally than temporal men have. Thus are they fallen (say they) fro the true religion: whereby the devotion of the people is in manner fallen fro them. Nevertheless I doubt not/ but there be many right good & virtuous religious persons, god forbid it should be otherwise: but it is said, that there be many evil, and that in such multitude/ that they that be good can not, or will not, see them reformed. And one great cause that letteth reformation in this behalf is, this: If the most dissolute person in all the commonalty/ and that liveth most openly against the rules of the religion, can use this policy, to extol his religion above other/ and dispraise other religions, for that they be not of such perfection as their religion is, anon he shall be called a good seruente brother/ and one that beareth up the religion, and shall be therefore the more lightly forborn in his offences.  
Where the throuthe is, that the religion maintaineth him, and beareth up him/ and not he the religion. For it hath little need of him. And though many be good and live a right good and laudable life, after the statutes and order there used: yet in that point/ to extol their religion above other, and to take part with them, that do so though they know: that they that so extol it/ keep not the religion themself, few be without offence, and truly that is a great default, for it giveth a great boldness to offenders/ and discourageth them, that be good/ when they see them that most live against their religion, be so maynteygned and commended.  
¶ An other thing that hath caused many people to mislike religion, hath been the great extremity, that hath been many times seen at elections of abbots, priors, and such other soveraygnes spiritual. And this is a general ground, that when religious men perceive/ that the people mislike them/ they in their hearts withdraw their favour and devotion again fro them: And so hath charity waxed cold between them.  
And verily I suppose/ that it were better, that there should no abbot or prior hereafter continue over certain years, that should be appointed by authority of the rulers, than to have such extremites at elections, as hath been used in time passed in many places.  
¶ And verily (as me seemeth) one thing would do great good concerning religions, and all religious persons, and that is this: that the rules and constitutions of religion were seen and well considered/ whether the rigour and straightness of them may be borne now in these days, as they were at the beginning of the religions. For the people be now more weak, as to the multitude/ than they were then. And if it be taught/ that they may not be now kept: that than such relaxations and interpretations of their rules be made, as shall be thought by the rulers expedient: For better it is to have an esye rule well kept than a straight rule broken without correction: For thereof followeth a boldness to offend/ a quiet heart in a evil conscience: a custom in sin, with many evil examples unto the people: whereby many have found default at all religion, where they should rather have found default at divers abusions against the true religion: for certain it is, that religions were first made by holy fathers, by the instinct of the holy ghost, keep them who so may.   

¶ The conclusion of this little treatise. The xvi Chapter.  
Sith there is no sacrifice that more pleaseth almighty god/ than zeal of souls doth/ it is good that every man dispose himself, as nigh as he can/ to have that zeal: And if he may through grace come thereunto, it shall instruct him in many things, how he shall behave himself anent his neighbour. And first it shall teach him/ that he shall take heed, that he do nothing/ that might give occasion unto his neighbour to offend. And I understand not thereby, that he shall only take heed, that he do none evil deed, whereby his neighbour may take occasion to offend, which in latin is called offendiculum/ that is to say/ a occasion to offend: but I mean also, that he shall take heed/ that his neighbour take none occasion to offend by no deed that he shall do, though it be good, as giving of alms, or building of churches, or such other: which if the people judged to be done of pride & vain glory/ must be left for a time, for hurting of them that be of that opinion: till they may be instructed of the intent of the deed. And if they will in no wise be reformed, than because it seemeth to be of malice, as was in the pharisees: their judgement may be despised/ & the good deed continued.  
¶ Also where troth should perish/ if the good deed should be omitted/ there a good deed is not to be omitted. And according to that is said before/ the blessed apostle saint Paul, of a great zeal that he had to the people/ said:  
¶ If eating of flesh should hurt my neighbour, I would never eat flesh. And therefore in the said chapter he monished all them, that would eat meet, that was offered to idols before them that were newly converted of the gentiles/ and that were yet but week in the faith: that they should beware, that though they knew, that they might lawfully do as they did, that yet they should take heed, that their brother were not offended thereby. And in all that chapter the holy apostle treateth much that it is good to every man to be ware/ that through his deed he give no occasion to his brother to offend. And I beseech almighty god, that every man, but most specially our lords and masters spiritual, may hereafter endeavour themself to keep well this point, that is to say/ that they do nothing to give the people occasion to offend: and over that, that they may diligently instruct the unlearned people to the knowledge of the truth/ and to stable them as well by doctrine as by good example/ all singularite set apart. And for as much as doctrine and good example pertain moste specially to prelate's and spiritual rulers, therefore I shall briefly recite certain authorities/ that shall some what move them to have a zeal and love unto the people. And also to be piteous unto them: And for shortness I shall omit for this time to show by whom the said authorities were spoken, beseeching the readers to take heed to the words that be spoken, though it appear not who speak them.  
¶ First I find divers authorities that say thus: It is expedient, that prelate's study more to profit the people, than to have pre-eminence over the people.  
¶ Also I find written/ that though punishment may not wholly be omitted, that yet it profiteth moche/ that it be sometime deferred.  
¶ Also that it behoveth necessarily, that he that hath rule over other, burn ever in a quick lively zeal to the health of their souls, that he hath rule of: And that else he shall little profit unto them. And therefore he coveteth undiscreetly to have rule over them, that he studieth not to profit unto. And therefore this is said specially to prelate's and to other that have rule over the people: Rule ye to foresee the perils and dangers of them that ye have rule of/ to counsel them to procure their health, and to serve and to profit to other/ as good faithful and wise servants, whom our lord hath ordained over his household.  
Plant ye virtue in them by wholesome doctrine/ water it by good example, and help them with your prayer/ and than have ye done that pertaineth to you, and our lord shall well give increase of growing/ when it shall please him/ and that peraventure there as after man's judgement was far unlike. These three things therefore be very necessary, doctrine, example/ and prayer, but the greatest of them is prayer. It is also said to the prelate's thus: Know ye, that ye ought to be as mothers to the people, and not as lords/ and ye ought to study rather to be beloved than dread, and if it be necessary some time to have correction, that it be a fatherly correction, and not as it were of a tyrant/ and show yourself as mothers in nourishing of the people/ and as fathers in correcting them. Be meek/ put away all fierceness/ forbear beating/ & speak unto the people fair & sober words, and set not your yoke to grievously upon them, whose burdeyns ye ought rather to bear. If ye be spiritual, instruct the people in the spirit of softness, & let every man consider himself well, least that he may be also tempted. He that is a mother dyssymuleth not/ he can joy with them that joy/ weep with them that weep/ and he will not cease to thrust out of the breast of compassion the milk of consolation. He taketh heed, if he can perceive any man/ that is vexed with any great temptation or trouble/ and that is heavy & weike therewith: And if he find any such, with him he sorroweth, him lovingly he entreateth, him he comforteth, & findeth anon many arguments of pity & trust, wherewith he resseth him up again to comfort of spirit And if he know any that is prompt/ quick, & well profiting in grace/ he joyeth with him, he giveth him many wholesome counsels, & kindleth him/ and instructeth him all that he can to percever and profit ever fro better to better, he conformeth himself to every man he turneth the effections of all men unto himself in all goodness, and proveth himself verily to be a mother, as well of them that be offenders, as of them that profiteth in grace: And as a true leech he seeketh as well them that be sick as them that be hole/ and all this he doth through the gift of pity, and of a zeal, that he hath to the health of their souls. Also a good diligence shepherd never cessethe to feed his flock with good lessons and examples, and that with his own example rather than with other men's, For if he feed them with other men's examples, and not with his own/ it is but a rebuke unto him, and his flock shall not profit much thereby.  
For if a prelate will show unto the people the soberness of Moses, the patience of job, the mercy of Samuel, the holiness of david, & such other examples of blessed men: and he himself be unmeke, unpatient, unmerciful, and not holy, it is to fere, that all those examples shall little profit. And therefore prelate's, that in time passed have been the very true shepherds, though they had their bodies here of the earth, yet never the less they fed the flocks of our lord to them committed with heavenly food, and used not to preach to them their own will, but the will of god. And one man saith of prelate's this: When I (saith he) behold the height of the honour of prelacy, forth with I dread the peril and danger of it. And when I consider the degree, I dread the ruin. I consider the height of the dignity/ and I behold forthwith the mouth of Helle open even at hand. For there is no doubt, but that their administration is more perilous, than is the ministration of any other. But yet nevertheless if they administer well, they shall get themself thereby an high degree in heaven/ & they shall receive the greater abundance & more full measure of peace for their good travail for ever. And I beseech almighty god to send these four things abundantly in to the world, and that most specially among prelate's, and spiritual rulers, that is to say/ zeal of souls, pity/ good doctrine, and devout prayer. And than undoubtedly, a new light of grace, and of Tractabilitye, shall shortly show and shine among the people.   
¶ Thus endeth this treatise concerning the division between the spirituality & the temporalty.   

TABULA.  
first that the division among spiritual men themself hath been one cause of the division/ that is now between the spirituality & temporalty in this realm.  
The first Chapter. 
¶ That the omitting of divers good laws/ with certain defaults and disorder in men of the church/ which among other be recited and declared by john Gerson: have been an other occasion of this division.  The second Chapter. 
¶ That certain laws made by the church, wherein it is recited, quod laici sunt clericis infesti, that is to say, that lay men be cruel to clerks: hath been an other cause of this division.  The third Chapter. 
¶ That the extreme laws made by the church for leyenge violent hands upon clerks/ have been an other cause of this division.  The fourth Chapter. 
¶ That the disordering of the general sentence/ hath been an other occasion of the said division.  The fift Chapter. 
¶ That an other occasion of this division hath partly risen by temporal men, through disordering of their chaplains and chantry priests.  The sixth Chapter. 
¶ That suits taken in the spiritual courts (ex officio) have been another occasion of this division.  The seventh Chapter. 
¶ That though after the determination of doctors/ a man is not an heretic, for that only that he erreth, but for that he opinatyfely defendeth his error, and that never the less the spirituality, as a comen voice goeth among the people, have in time passed punished many for heresy upon light causes and offences, whereupon many people have grudged/ and that grudge hath been an other occasion of this division.  The eight Chapter. 
¶ That the partiality that hath been showed upon suits taken in the spiritual court by spiritual men, hath been an other cause of this division.  The ninth Chapter. 
¶ That the extreme and covetous demeanour of some curates with their parishians, hath been an other cause of this division.  The tenth Chapter. 
¶ That the granting of pardons for money, as it were to some charitable use, that hath not after followed, hath raised an other grudge among the people, which hath been an other occasion of this division.  The eleventh Chapter. 
¶ That the making of laws by the church, which they had none authority to make/ hath been an other occasion of this division.  The twelthe Chapter. 
¶ That lack of good visitations, hath been an other occasion of this division.  The thirteen Chapter. 
¶ That the great multitude of licences and dispensations made by spiritual rulers for money upon light suggestions hath been an other cause of this division.  The fourteen Chapter. 
¶ That the great laxnes and worldly pleasures of religious persons/ whereby the people hath been greatly offended/ hath been an other occasion of this division.  The fyftetene Chapter. 
¶ Than for a conclusion of this treatise it is some what touched, how good it is to have a zeal of souls, and how perilous it is to do any thing/ whereby they might be hurted. And that if zeal of souls, pity, good doctrine, & devout pray our/ were abundantly in this world, most specially in prelate's & spiritual rulers: that than a new light of grace and tractabilite, would shortly show and shine among the people.  The xvi Chapter. 
    

¶ Imprinted at London in Fleetstreet next unto saint Dunston's church, by Robert Redman.