A treatise concerning the power of the clergy/ and the laws of the Realm. ♣ Cum privilegio regali. ¶ The 〈…〉 THough the principal intent of this present treatise/ be to speak of the power of the clergy/ & of the laws of the realm: Yet for asmuch as those powers can not perfitly be known/ but the power of kings & princes be known also. Therefore divers texts of Scripture/ concerning kings and princes be put into three of the first chapters of this treatise/ with the english following the same/ for them that understand not the latin tongue. And the ix chapter also/ treateth much of the power of kings & princes/ and also of the clergy/ and whether the gospel took any power fro princes that they had before the coming of Christ/ or not. The other chapters concern most specially the clergy/ and the laws and customs of the realm/ as to the readers will appear. ¶ authorities to prove that kings and princes have their authority immediately of god. And that honour and obedience ought to be given to them. The first chapter. PEr me reges regnant/ et legum conditores justa decerunt. Pro. viii. By me kings reign/ & makers of laws discern things that be rightwise. Proverbiorum. viii. ¶ Et nunc Reges intelligite erudimini qui iudicatis terram. Psal. two. And now o kings/ look ye understand: be ye learned that judge the world. Psalmo ii ¶ Audite ergo Reges et intelligite/ discite judices furtum terre/ prebete aures vos qui continetis multitudines et placetis vobis in turbis nationum/ quoniam data est a deo potestas vobis. Sapi. vi. Here ye therefore ye kings and understand: learn ye that be judges of all parties of the world: lay to your ears ye that rule the multitude and order the people: for power is given to you of god. Sapi. vi. ¶ Reges gentium dnantur corum. Luc xxij Kings of the people have power over them. Luc. xxii. ¶ Deum timete/ et regem honorificate. dread god & honour the king. i. pe. two. ¶ Non est enim potestas nisi a deo. Que autem sunt/ a deo ordinata sunt. Itaque/ qui resistit potestati dei ordinationi resistit. Qui autem resistunt ipsei sibi dampnationem acquirunt. etc. Nam principes non sunt timori boni operis sed mali. etc. Vis autem non timere potestatem/ bonum fac & habebis laudem ex illa/ dei enim minister est tibi in bonum/ si autem malum feceris time non enim sine causa gladium portat. ad Ro. xiii. There is no power but of god. Forsooth all things that be/ be ordained of god. And so he that resisteth power/ resisteth the ordinance of god. And they that resist get damnation to themself. For princes be not ordained to the dread of a good work/ but of evil. Wilt thou not dread power? do well & thou shalt have laud of it. He is the minister of god into goodness to thee/ and if thou do evil/ dread/ for he beareth not a sword without cause. ¶ Subiecti estote of human creature propter deum sine regi tanquam precellenti sine ducibus tanquam ab eo missis ad vindictam malefactorum laudem vero bonorum. Prima petri ii Be ye subject to all men for god: either to the king as precelling other/ or to dukes as men sent by him to the correction of evil doers/ and laud of well doers i Petri. two. ¶ Non aufert deus a justo oculos suos et reges in solio collocat imꝑpetuum. God turneth not his eyen fro a rightwysman/ & kings he setteth in their seats for ever. job. xxxvi. ¶ Rex david dixit omni populo elegit dominus deus Israel me de universa domo patris mei/ ut essem rex super Israell in sempiternum i Parale. xxviii. King david said to all the people our lord god of Israel/ chase me before all the house of my father/ that I should be king upon Israel for ever. Primo. Parali. xxviii. ¶ Certain particular auctorityes concerning Kings and princes. The second chapter. COnstituit te regem ut faceres judicium et justiciam iii Regum ten He hath ordained the a king/ that thou shouldest do justice & judgement. ¶ Regina Saba dixit ad Salomonen/ qr diligit deus Israel et vult servare illum ineternum idcirco posuit te super eum regem ut facias iuditia atque judicium ii Paral. ix. The queen of Saba said to Solomon/ because god loveth Israel & will preserve him for ever/ therefore he hath made the king over him/ that thou shouldest do justice to all & every one of the people ii Paral. ix. ¶ Honour regis judicium diligit. Psa. 98. The honour of a king loveth justice. ¶ In multitudine populi dignitas regis/ et in paucitate plebis ignominia principis. Proverbiorum. xiiii. In the multitude of people is the dignity of a king/ and in the lytelnesse of people is the wanting of glory to a prince. Pro. xiiii. ¶ Divinatio in labiis regis in iuditio non errabit os eius. Prover. xvi. A divine working is in the lips of a king/ & his mouth shall not err in judgement. Pro. xvi. ¶ Abominables Kegi qui agunt impie/ quoniam justicia firmatur solium/ voluntas regum labia justa. Prover. xvi. They be abominable to a king that do wickedly/ for a kingdom is stabyled in justice/ & true lyppis are a kings will. Prover. xvi. ¶ In hilaritate vultus regis vita/ et clementia eius quasi imber serotinus. pro xvi. In the cheerfulness of a kings countenance is life: and his mercy is as an evening dew. pro. xvi. ¶ Sicut divisiones aquarum ita cor regis in manu domini/ quocumque volverit inclinabit illud. Proverbiorum. xxi. As divisions of waters are in the hands of our lord/ so is the heart of a king in the hand of our lord and whither soever he will he shall bow it. Proverbiorum xxi ¶ Qui diligit cordis mundiciam propter gratiam labiorum suorum habebit a micum regem. Proverbiorum. xxii. He that loveth the cleanness of heart for the grace of his words shall have the king favourable unto him. ¶ Gloria regis investigare sermonem. The glory of a king is to search the truth of that is spoken. pro. xxv. ¶ Rex justus erigit terram. Pro. xxix. A rightwise king exalteth his realm. Proverbiorum. xxix. ♣ Rex q̄ judicat in veritate pauꝑes/ thronus eius ineternum firmabitur. pro. xxix A king that judgeth poor men in truth/ his throne shall be stabylled for ever. Proverbiorum. xxix. ♣ Beata terra cuius rex nobilis est. Blessed is that country that hath a noble king. Ecclesiastes ten ♣ In cogitacione tua regi non detrabas et in secreto cubiculi tui non malediceris diviti quia et aves celi protabunt vocem tuam/ et qui habent pennas annunciabunt sentemciam. Ecclesiastes. x. In the secret of thy heart backbite not the king/ & in thy secret chamber/ speak not evil of a rich man: for the birds of heaven shall bear thy voice/ & they that have queles shall show thy sentence. Ecclesiastes. x. ¶ Si ergo delectamini sedibus et sceptris o reges populi/ diligite sapienciam ut ineternum vivetis. Sapienci. vi. O ye kings of the people if you love your high seats and sceptres/ love wisdom and ye shall live for ever. Sapienci. vi. ¶ Rex sapiens/ populi stabilimentum est. A wise king is the stableness of his people. Sapi. vi. ¶ divers authorities proving that kings and princes in time past have ordered things that some men call spunall The iii cha. Exivit igitur joseph omnem terram Egipti vendentibus singulis possessiones suas pre magnitudine famis/ subiecitque eam Pharaoni et cunctos populos eius a novissimis terminis egipti usque ad extremos fines eius/ preter terram sacerdotum que a rege tradita fuit eye/ qui bus & statuta cibaria ex horteis publiris prebebantur et id circo non sunt compulsi vendere possessiones suas. Gene. xlvii. joseph went thorough all the lands of Egypte every man selling his possessions for the greatness of the hungres/ & he subdued it to Pharaoh/ and all the people thereof/ from the farthest end of Egypte to the extreme part thereof. Except the lands of the priests that were given unto them by the king/ to whom also sufficient meat was given of the comen barns/ and therefore they were not compelled to sell their possessions. ¶ Et constituit Salomon juxta constitucionem david patris sui officia sacerdotum in ministeriis suis et levitas in ordine suo ut laudarent et ministrarent coram sacerdotibus juxta ritum uniuscuiusque dici et iavitores in divisionibus suis ꝑ portam et portam sic enim precepit david homo dei nec pretergressi sunt de mandatis regis tam sacerdotes quam levite ex omnibus q precoperat ii Parali. viii. Solomon according to the constitution of David his father ordained the office of priests in their ministrations & levities in their order that they should laud and minister before the priests after the customs of every day/ and porters in their divisions by gate and gate: so commanded David the man of god that it should be/ and they break nothing of the kings commandment neither the priests nor the levities in all things that the king commanded. ¶ Rex Iosaphat constituit judices in cunctꝭ civitatibus juda/ & in Hierl'm constituit levitas et sacerdotes et principes Familiarum ut judicium et causam domini inditarent habitatoribus eius/ et ulterius addidit dicens/ Amarias auten sacerdos et pontifex vester in hijs q ad deum pertinent presidebit ii Parali. ix. Multa eciam fecit. Ezechias rex in hijs que videntur esse spunalia ut patet ii paralip. xxix. &. thirty. & xxxi. reges etiam diversi constituerunt summum sacerdocium inter iudeos ut patet i Machab. seven. et ten & xiiii. The king josaphat ordained judges in all the cities of juda/ & in Jerusalem he ordained levities & priests/ & princes of Families/ that they should judge the judgement & cause of our lord to all the dwellers thereof/ & furthermore he added there to saying. Amarie/ your priest & bishop shallbe chief in such things as pertain to god ii parali. ix. Also king Ezechias ordained many things that seemeth to be spiritual/ as it appeareth ii parali. xxix. & xxx & xxxi. Also divers kings appointed the high priesthood among the jews as it appeareth i Mach. seven. & ten & xiiii The first question the four Cham WHether the statute made in the xlv year of king Edward the iii that is commonly called the statute of Silva Cedua/ be against the law of god or not. The four Chapter. ¶ An answer to the said first question THe statute of Silva Cedua whereof mention is made in the said first question standeth well with the law of god/ and aught in conscience to be observed/ aswell by the clergy as by the people in this realm: and these be the causes that move us to say so: We think that the paying of the ten part of wood above twenty year can not conveniently serve for the susteynaunce of the spiritual ministers/ for they must yearly and daily be sustained/ and the profit of that wood may happily not come in an hundredth year or more/ for the wood shall grow as long as it shall please the owner/ and therefore when our lord (Leuitici xxvii) appointed to the jews/ whereof tithes should be paid/ he appointed not that any tithes should be paid of the trees/ but of the fruits as there appeareth. Another cause is this. Though the people be bound by the law of reason and also by the law of god/ to find to their spiritual ministers a reasonable portion of goods to live with/ yet that the people shall pay precisely the tenth part to their spiritual ministers in name of that portion/ is but by the law of man. And therefore if the tenth part in any country sufficed not for the ministers/ the people were bound to give them more. And according to that/ that is said before/ speaketh Iohn Gerson in a treatise that he nameth Regule morales/ where he saith thus. Solucio decimarum sacerdotibus est de iure divino quatenus clerici inde sustententur: sed quotam hanc vel illam assignare aut in alios redditus commutare positivi juris existit. That is to say/ The paying of tithes to priests is by the law of god so that they therewith may be sustained/ but to assign this portion or that/ or to change it into other rents/ is by the law positive/ that is to say/ by the law of man. And sith the tenth part is by the law of man/ all customs and prescriptions of payment of tithes in name of the tenth part ought to be observed/ so that the spiritual ministers have sufficient 〈◊〉/ and the said statute is no farther/ but that a prohibition shall lie where a man is sued in the spiritual court for tith of wood above the age of twenty years by the name of Silva Cedua/ as it hath done in time past. and though tithes be called spiritual/ yet they be in deed temporal: as all goods be in whose handis soever they come. And so the parliament hath full power to order them/ so that the law of god be not broken by their order. And it is not to think that the king and his lords spiritual & temporal and the commons that were at that parliament would have been so far over seen/ to have made a statute against the law of god/ and if it be said that the tenth part among the jews in the old law/ was a law of god/ & that therefore it ought to be observed/ among christian men as other moral laws be. It may be answered/ that paying of the tenth part for tithes is no moral law/ and therefore it cess when the passion of Christ was fully preached & known among the people as other judicyalles and Ceremonialles did. And therefore if it were prohibited/ that it should not hereafter be lawful for any man/ to say that the said statute is against the law of god. It is very like that it should cause great quietness hereafter between the curates and their parysshons in many places in this realm. ♣ The ii question. the fyth cha. wHether the judges in spryrituall courts be bound in any case to take knowledge of the kings laws/ and to judge thereafter or nat. The fifth chapter. ¶ An answer to the second question. IF any question or doubt rise in the spiritual court concerning the right or possession of any temporal thing/ & whereof they in the spiritual court/ after the custom of the realm may hold ple. The judges there are bound to judge the right to him that hath right by the kings laws. As if a man have two sons/ one borne before espousals/ and another after: and he bequeath to his son and heir an hundredth pound/ they in the spiritual court are bound to judge the hundredth pound to him that is heir by the laws of the realm. Also if a man have a portion of tithes in another parish/ so long time that it maketh a prescription in the spiritual court/ but not in the laws of the realm. He hath no right to that portion, for like as a law made by the clergy/ that one curate should have a portion of tithes in another parish were void. So is a prescription void that is grounded only by the law made by the clergy/ against the prescriptions of the law of the realm. And in the law of the realm there is no less prescription/ than fro the time whereof no mind of man runneth to the contrary. Also if a man by his will bequeatheth certain money or goods to a monk/ that by quest is void in the laws of the realm. And so they in the spiritual court ought to judge it. ♣ The iii question the sixth cha. WHether it be against the law of god to arraign priests before lay men or not. The vi cha. ¶ An answer to the iii question. AS to the very ancient grounds of the comen law of this realm priests should be put to answer before the kings justices: as well in actions real and personal/ As in felonies murderers & treasons/ as farforth as any lay men should be. Nevertheless/ by a continual pretence that the clergy have made that it is against the law of god that clerkis should be put to answer before lay men/ or their bodies arrested. They have had great favour in such things/ more than lay men have had. Howbeit when they have had such favour/ they have not taken it as a favour of the king or his laws: but as a thing which they ought of right to have by the law of god. And thereupon they have at many parliaments made pretence to have more liberty in that behalf than the comen law & custom of the realm hath given them/ and more than lay men have had. And to cause the matter more plainly to appear I shall recite some statutes that have been made in divers parliaments in time past/ concerning the pretence of the clergy therein. first in the statute of Marlebrygge in the lii year of king Henry the third. It is enacted thus. If a clerk be arrested for any offence belonging to the crown and after by the kings commandment he is let to bayll or is replevied. So that they to whom he is taken to veil shall have him before the kings justice. etc. That they to whom he is taken in bail/ nor his other pledges shall not fro thensforth be amercyed/ if they have his body before the justice though he will not or may not answer before them/ for the privilege that he is a clerk/ by which statue it appeareth that before that statute clerks were arrested for offences against the crown and it appeareth also that clerks claimed their privileges than/ as they do now/ but the Statute doth not affirm or allow that they ought to have it. For the statute was not made to that intent/ but it was made only for the indempnytie of the pledges/ that though the clerks in such case would not answer for trust of their said privilege/ that yet the pledges should bear no loss thereby as some men take it that they should have done by the law/ but the privilege of clerks was left in doubt as it was before. And priests were put to answer before the kings justice after that statute as they were before/ and so continued the variance/ until the treatise of Articuli cleri was made/ which as it is said is a statute/ and was made in the ix year of King Edward the ii at which time the clergy made many articles of certain griefs done/ as they said to the church of England/ whereby is understand the clergy of England whereof one was that though a clerk ought not as they said to be judged before a secular judge/ ne any thing to be done against him whereby he might come to the apparel of death. Nevertheless/ they said that secular judges make clerks that i'll to churches and there knowledge their offences to abjure the realm/ and admit the abjurations for that cause/ though they be not their judges thereupon. And so said they that there was given to lay men an indyrecte power to punish clerks if they come into the realm again. To this complaint the saide treatise answereth thus/ & saith. A clerk fleeing to the church for felony/ to have the defence of the church/ if he affirm himself to be a clerk: shall not be compelled to abjure the realm/ but yielding himself to the law of the realm he shall enjoy the liberty of the church/ after the laudable custom of the realm used in time past. And it seemeth that by this word Clericus in the said treatise is understand only a Clerk that is within ordres/ and not every clerk that can read. And than it appeareth farther by the said treatise that if he will have the defence of the church he must confess the felony/ for the saide treatise is/ that he submitting himself to the law of the realm shall have the liberty of the church. And by the law of the real me he must confess some felony before he have that liberty. Nevertheless because this article hath not been seen/ but seldom in ure it hath been a doubt to many men whether the Corowner shall be judge in that matter himself/ or whether the Corowner must send him to the kings justice/ and than they either to commit him to the ordinary or to remit him again to the sent wary as they think aught to be done by the law. But I suppose that in this case the Corowner is the judge. And another complaint that the clergy made at the making of the said treatise called Articuli Cleri was this. They said that though the conusaunce made before him that is not judge of him that maketh the conusaunce holdeth not/ nor sufficeth not to make process/ nor to give sentence upon. Nevertheless/ they said that some secular judges admit the accusation made by clerks by way of approving or appeal/ though they be not of their iurisdyctyon as they said. But retain such clerks/ that confess before them their own enormous offences: as thefts/ robbories & manslaughter/ and deliver them not after to their prelates though they be thereupon sufficiently required. Ne though before them for all their own confession they may not be judged ne condemned without breaking of the liberty of the church. To this complaint the said treatise answereth thus: To an apprower asked by th'ordinary in due form as a Clerk/ the benefit nor the liberty of the church shall not be denied. By which complaint and answer made thereupon/ there seemeth to appear two things/ one is/ that the clergy pretended that the confession of a clerk made before a secular judge for murder or felony bindeth not. The second is that they found them grieved/ that when clerks made such confessions/ & thereupon approved other for the Kings advantage as they might do by the law. That than though the ordinaries came and asked them as clerks/ that yet the judges would not deliver them. And that was true as the ordinaries said/ because they that the clerks had appealed/ might offer to join battle if they would/ which trial by the law might not be taken fro him that was so approved. And as to that article the said treatise assented to the request of the clergy and granted that he should be delivered to the ordinary when he asked him. And so by that treatise the joining of battle is taken fro the appeal. But as for the first article/ that is to say that secular judges should be no judges to clerks/ the said treatise regarded it not/ but left it as it was before. And after this variance/ thus continuing without accord/ clerks were continually put to answer before the kings justices as they were before. In so much/ that as well secular clerks as chapelaynes/ and monks/ & other men of religion were drawn and hanged by the award of secular justices/ as appeareth by the recital of the statute made in the xxv year of king Edward the third. Pro Clero the iii chapter/ which the clergy said was to the great prejudice of the franchises of holy church/ and to the oppression of the jurisdiction thereof/ wherefore it was accorded and granted by the king in his said parliament/ that all manner of Clerks as well secular as religious that should be fro thensforth convict before justices secular for any manner of treason or felony touching any other person than the king or his royal majesty should have & enjoy freely from thence forth the privileges of the holy church of England/ and shall be without impeachment or delay delivered to the ordinary when they demand them. And thereupon the archbishop of Caunterbury/ promised that such covenable ordinances should be made for the safeguard & chastisement of the said clerks/ so that none should hereafter take any boldness to offend for default of chastisement/ and so it appeareth that the intent of the king and of his parliament at the making of the saide statute/ was/ that in treason or felony touching the king/ they should not have the privilege. And in the chapter next following/ it is ordained/ that clerks that be arraigned before secular justices/ the which challenge their clergy/ and be demanded by the ordinaries/ shallbe forthwith delivered unto them without delay. And afore that statute sometime the judges would remaunde clerks to prison/ saying they had other things to say unto them. And that is prohibited by the saide statute/ & after in the fourth year of king Henry the seventh. It was enacted that a clerk which was not within orders and had his clergy/ shlude be burned upon the left hand/ in such manner as by the saide statute appeareth. And that if any person at the second time that he is arraigned demand his clergy by cause he is within ordres/ & hath not his letters there/ nor th'ordinary certifycat that than the justices should give a day by their discretion to him/ to bring in his letters or certifycat/ & if he fail thereof at that day/ he to be put fro his clergy. And so by that statute it appeareth that if a clerk that is not within ordres be burned in the hand/ and than be made a priest/ and be after arraigned of felony & than he saith that he is with in orders/ but he hath not his letters nor any certificate of th'ordinary/ wherefore he hath a day to bring them in/ according to the said statute of Anno quarto. And at the day he faileth thereof/ that he shallbe put fro his clergy/ and thereof must needs follow/ that though he be with in orders/ he shallbe put in execution. And furthermore it is not like that there was any sufficient proof showed at any of the said parlyamentꝭ that it should be against the law of god/ that priests should be put to answer before lay men. For it is not to presume/ that so many noble princes and their counsel/ ne the lords/ and the nobles of the realm ne yet the Commons gathered in the said parliament/ would fro time to time/ run in to so great offence of conscience/ as is the breaking of the law of god. And if there be no sufficient proof/ that it is against the law of god/ than the custom of the realm is good/ to put them to answer upon. And than is there great default in all the clergy/ that so deeply hath resisted the saide custom upon a surmise that is not true/ ne can not be proved. And where divers spiritual men have in time passed made pretence as well in open sermons/ as in other communycatyons'/ that it is against the law of god to put priests to answer before lay men. And for proof thereof have laid this text. Nolite tangere christos meos. p. ciiii That is to say/ Touch not my anointed/ which they apply only to priests. It is apparent that it is no lytteral exposition/ for after the letter of the said text. It may as well be applied to kings/ yea/ and to every christian man/ as to priests. And after saint Augustyne/ and saint Hierome/ there is no sense of scripture sufficient to prove an argument but only the literal sense. ¶ The four question the vii cha. WHether any of the constitutions provincial be against the kings laws and his progatyve or not And of what effect the exposition of master Lynwode upon the saide constitutions is of, The vii cha. ♣ The answer to the four question. IT is no doubt/ but that divers of the constitutyons' provincial/ & also of the Legantynes of Octo and Octobon/ be directly against the kings laws and his prerogative/ which can not be here conveniently rehearsed. And than it must needs follow/ that the exposition made by master Lynwod upon the same/ is against the king and his prerogative. For upon a feeble foundation can not be set a stable building/ wherefore it were right expedient/ that the said constitutions and legantines so being against the king and his prerogative. And the saide expositions also: should clearly be prohibit and razed out of the books/ so that the young men that shall hereafter set themself to study the Canons/ shall not be deceived thereby hereafter as many have been in time paste. ¶ The .v. question. The viii cha. WHether the treatise that is called Circumspect agatis/ and that is set among divers statutes of this realm as a statute/ be a statute or not. The viii chapter. ¶ An answer to the .v. question. THe treatise that is recited in the .v. question that is called Circumspect agatis/ is recited in a constitution provincial/ which is in the second book of the constitutions/ and beginneth: Circumspect agatis & infra/ in manner word for word as it is contained in the said treatise/ that is taken for a statute amongs the learners of the laws of the realm/ which also beginneth Circumspect agatis/ and it is recited in the said constitution that is was taken out of the kings answers. But we never saw any proof that it was so. And there be in the saide treatise divers things that be directly against the laws of the realm: as it is in this point. That prelate's for fornication/ adultery/ and such other: may sometime assign bodily pain/ and sometime pecunare pain. And the law is/ that prelate's shall never assign pecunary pain for correction of sin but only at the desire of the party. And also it is recited in the saide treatise/ that if the prelate of any church/ or his advocate ask of a person a pension/ that the suit should be in the spiritual court/ and the law of the realm is even to the contrary. And we think that if it had been a statute/ that the law should never have been used therein so directly against the statute as it hath been used. And in the xix year of king Edward the third in a writ of Annuyte brought in the kings court against the said article of the said treatise. It is said that the saide treatise is no statute/ but that it was named so to be by the prelate's. And also the saide writ of Annuytie/ is judged to be mayntenable in the kings court/ and that is directly against the saide treatise of Circumspect agatis/ wherefore we think it is no Statute. ¶ The vi question/ The ix cha. whether king Lucyus that was the first christian king of the Bretons/ in this realm/ or king Ethelberte that was the first christian king of englishmen/ had any less authority and power over their subjects after they were christened than they had before when they were paynims or not. The vi question/ The ninth chapter. ¶ An answer to the vi question. WE never saw cause why king Lucyus or king Ethelberte recited in the saide sixth Question should have any less authority over their Subjects after they were Christened than they had before when they were paynims. Howbeit truth it is that after they and their people were converted/ they might not compel their people to forsake the christian faith which they had received ne to do any thing against the christian faith/ but that was no bondage unto them ne abating of their power/ but a great liberty and freedom in god. Whereby they & their people were delivered fro the bondage of infidelity that they were in before their conversion. 1. ¶ And if any man will say that the power of Princes should be abatted by the words that our lord said to his disciples Mat. 18. What so ever ye bind upon earth shallbe bound in heaven/ and what so ever ye lose upon earth/ shallbe loosed in heaven: And that by those words his disciples & their successors should have power to make laws/ whereby princes and their subjects should be bound/ and that therefore the power of princes after the coming of Christ was abated even by the law of god. To that it may be answered that holy scripture is not to be expounded only after the literal sense of the text/ that it is written in/ but after other texts of scripture concerning the same matter. And they to be so construed and declared/ that there be no contraryositie in them/ as undoubtedly there is not/ if they be well and truly understand. And according to that saying there is a text construed. Luc. vi. that saith. Et qui aufert que tua sunt ne repetas. That is to say/ If any man take fro the that is thine/ ask it not again. And if that text should be only taken according to the sense of the same text without any further decleratyon thereof/ than all property were put away/ and laws and justice concerning goods should nothing be regarded/ whereby the hole comen wealth should be destroyed. And therefore that it was not th'intent of our master Christ/ that the saide words should be so understand/ it appeareth by the words that he said. Mat. nineteen. Non facies furtum. Thou shalt do no theft. And in that he prohibiteth theft/ whereby is understand generally the unlawful taking away of our neighbour's goods. It appeareth that when he speak the said words/ Luc. vi. that his meaning was not that it should be lawful to take away the goods of his neighbours/ ne that he that they were taken fro ought not by justice to ask them again. But rather that his words should give occasion to him that the goods were taken fro/ to prepare himself to suffer the wrong as in his heart/ and to do no more for the revenging of the saide wrongful taking, than should be expedient to reform him that did the wrong/ and to fear other that they should not do like offence. And to that intent charity will that the owner shall ask his goods again. Also when our lord said to his Apostles. Luce. xxii. (judas then being one of the apostles) I have ordained 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 twelve tribes of Israel. And it can not be taken that our lord mente that the kingdom of heaven was ordained to judas. For Iohn xvii He called him the son of perdition/ and therefore the words that our lord spoke in that text/ were to be understand of Mathias thapostle whom our lord knew should be chosen in the place of judas/ and he that taketh those words to be understand of judas/ as well as of any other of the apostles is far deceived. Also the same text what soever ye bind. etc. to one intent/ is construed according to th'intent of the maker/ that is to say of our master Christ/ & not only according to his words for his intent was that such authority as he would his disciples should have thereby: should go to their successors to the end of the world/ and yet his words stretch only to the apostles self. But for asmuch as he came to make a law & Testament that should continue to the end of the world. It is convenient to think that his words shall be taken according/ for if his words should be taken to stretch only to his disciples/ than by their death/ his words had been determined/ and that had been a thing of a small effect/ for coming so far as he came/ and for suffering so great pain as he suffered: It is no doubt therefore but that his words in that behalf shall be taken to stretch to their successors/ and than sith his intent shallbe construed more largely than his words stretch unto as to the continuance of their authority/ why then shall not his intent be construed more straight than his words sound unto/ for declaring what authority he would his disciples should have especially concerning the power of princes/ saying that he hath declared his intent himself/ as it shall appear hereafter that he hath done/ for declaration whereof it is to be considered that there be divers auctorityes of Scripture/ whereby it appeareth that our lord never intended by his coming in to this world to take any power fro princes/ but that they should have like power over their subjects after his coming as they had before and that may appear thus. He said Luce. xx. Reddite que sunt Cesaris Cesari. Et que sunt dei/ deo. That is to say/ give ye to the Emperor that is his/ and to god that is his. And he also paid to the Emperor tribute and what power intended he to take fro the Emperor that paid him tribute/ he also refused to divide the inheritance betwixt the ii brethren/ saying to them/ who hath ordained me to be divider betwixt you. Math. xxii. As if he had said though I have power to do it: yet I am not come to execute the power/ but go ye to the emperors laws that be ordained for it/ he said also Io. xviii. Regnum meum non est de hoc mundo. That is to say/ my kingdom is not of this world/ as who saith though I be a king/ and that the greatest king that ever was/ and might take all power from kings and princes if I would/ yet I come not to execute that power/ christ also refused to be a king/ and so by all his deeds he showed plainly that he came not to be a king ne to take away any power fro princes that lived in poverty him self/ so far unlike to princes/ & sith every deed of Christ is an instruction to every christian man. It must needs be so most specially to his apostles before all other to instruct them that they shall do as Christ did: And furthermore to prove that the meaning of Christ was not that his apostles & disciples should take any power fro princes by any thing that he had spoken to them of before: He said to his apostles after his resurrection thus. Accipite spiritum sanctum sicut misit me pater et ego mitto vos. joh. xx. Take ye the holygost as my father hath sent me/ I send you. And certain it is that the very intent/ why Christ was sent by his father into the world next to our redemption/ was to teach & preach the truth/ and to fulfil the will of his father in meekness/ patience/ sufferance/ & such other/ and to induce the people through his example and doctrine/ to despise this world/ & to desire the world to come. And to the same intent Christ sent his apostles/ as appeareth by the saide words/ & not to be like princes or to take power fro princes/ but only to order things concerning their ministration/ as to appoint in what bred and wine the sacrament of the altar shallbe consecrated & such other. Also it appeareth. Act. xiii. that the holy ghost appeared to the ministers at Antioch as they were ministering to our lord/ and diligent in fasting. And commanded them to send Saul and Barnaby/ into a work that he had appointed them to. And it appeareth in the same chapter that the work that he appointed them to/ was to preach Ihesu the son of David to be the saviour of the world/ & how he was guiltless put to death buried/ and rose again the third day. And who can think but that their successors were sent to the same purpose as they were/ and not to take upon them many powers & authorities that many of them have used in time past. And if it be asked to what intent Christ than speak those words. Quodcumque ligaveritis. etc. If he meant not that his disciples should thereby have power to make laws to order the people/ for he speak nothing without cause. It may be answered that he gave them authority thereby/ to separate evil men for their offences/ fro the communion of the good people/ & to command the good people also to eschew their company/ & to make absolution thereof again. etc. which be great powers and may do great good if they be charitably put in execution. But if they will declare the saide text/ in such manner that they should thereby take power fro princes which Christ left unto them/ or to exalt their own power more than Christ gave unto them. Than princes may resist their declaration therein. yea/ & are bound to do it/ & there princes ought to be judges taking such of the clergy unto them as they shall think convenient. whereof undoubtedly there be right many that will not be blinded with such worldly honour and vanity. And so it seemeth that the said text/ Quodcumque ligaveritis. etc. shallbe taken specially according to theffect of the other authorities before rehearsed: and not only according to the literal sense of the same text. Also though some men have said that our lord gave to his disciples both powers. That is to say. Spiritual and temporal/ when the apostles said unto him (Luc. xxii.) Lord/ here be two swords/ And he answered: That is enough And that he should mean thereby that he would that they should have both powers/ for if he had not meant so/ he would not have said of the ii swords/ It is enough. But it is to much. And that therefore princes have had sith that time their temporal power of the spiritual power. To that it may be answered/ that those words were never spoken of those two powers/ as the letter of the said gospel plainly declareth: For the letter is this. Our lord a little before his passion/ said to his disciples thus: When I sent you with out seek/ scrip/ or shoes: did you want any thing? And they said nay. Than he said unto them. But now he that hath a seek let him also take his scrip. And he that hath no sword/ let him sell his cote and buy a sword/ for I say to you: that it behoveth that that is written of me shallbe fulfilled. Et cum iniquis deputatus est: that is to say: he is accounted among wicked men: And than he said further: And truly though things that be written of me be nigh at an end to be fulfilled: And than they said/ lord/ lo here be two swords/ and he said unto them/ it is enough. And Lyre which treateth principally upon the literal sense of Scripture/ saith that tho words were spoken by our lord to instruct his disciples/ that sometime it is lawful for a man to defend himself moderately from persecutors/ and that therefore the Apostles being at that time well couraged to defend themself/ regarged more though words that our lord spoke of the swords/ than they did either of their seckꝭ or of their scripbes. And therefore they answered/ here be two swords/ & than he knowing that it was the will of his father that he should suffer death for redemption of man: said: it is enough. As though he had said/ those two swords suffice and be enough to defend me fro death aswell as many thousand of swords should do/ for I that according to the will of my father will wilfully suffer death for man look for no defence of swords. This seemeth to be the intent why he said of the two swords/ it is enough/ & not to signify thereby that thapostless should have both powers spiritual and temporal/ and if it should be taken to be meant so, it should not be by a literal sense/ & after Saint Augustyn and saint Hierome/ it is only of the literal sense of holy scripture that a sufficient argument may be taken/ & so we think those words to bear but a small effect any thing to abate the power of princes. And where some men have said that the clergy have authority by the gospel to here all causes that should be showed unto them by any manner of complaint: and that that should appear by the words that our lord said. Math. xviii. If thy brother offend the correct him between him and the only/ And if he here that thou hast won thy brother/ and if he here the not/ take with the one or two witness/ and if he here the not than/ than show it to the church/ and if he hear not the church/ let him be to the like an Ethenyke and a publican/ and that in so moch that the gospel commanded to show the offence to the church/ & showeth not in what cases that it shall therefore be understand in all cases/ and that because it is said/ show it to the church/ that it was mente thereby that it should be showed to the clergy: To that it may be answered that by that word church is not understand only the clergy/ for they undoubtedly make not the church/ for the hole congregation of Christian people maketh the church: And because the hole people of christendom can not be gathered together/ so that they may have such matters showed unto them all: therefore it can not be taken that our lord meant that it should be showed to all the people/ for he commanded nothing but that may well & reasonably be observed: And therefore when it is said show it to the church. It is to be understand thereby / that it shall be showed unto them that by the law & custom there used have authority to correct that offence And therefore he that in this realm will give chartable monition to his neighbour that offendeth in such a thing as the king by his laws & custom of his realm may lawfully punish/ and he will not yet amend. Wherefore he showeth it to the king or to his judges/ or to his justices of peace in the country/ or other officers that after the law & custom of the realm may reform it. He hath therein right well fulfilled the gospel. And if the offence be of such things as by the custom of the Realm be called spiritual: As it is of adultery/ fornycation/ & such other/ whereof the clergy may hold ple. And thereupon because the party that he hath given monition to/ according to the gospel/ will not amend/ he showeth it to the ordinary or to his officers. We think that he hath also right well observed the gospel. But to say that the said words (Dic ecclesie) should take any power fro princes that they had at the coming of Christ/ or that they have had sith that time by the laws & customs of their realms and countries. We think that the saide words do nothing amount unto it. And furthermore it should seem to make a repugnauncy in scripture. If it could be proved that our lord gave authority to his apostles & disciples to make laws/ that should take any power fro kings. For it is said. Psal. two. Et nunc reges intelligite erudimini qui iudicatis terram. That is to say. O ye kings understand ye: and be learned that judge the world: by which words it appeareth that kings judge the world. And how could that be true if the apostles & disciples of Christ & their successors should have authority to make laws generally to bind princes and their people: And scripture is always true. Also it is written. Sapienc vi Rex sapiens populi stabilimentum est. That is to say. A wise king is the stableness of his people: By which words it seemeth that it must of necessity follow that kings have also power and authority to stable their people. For wisdom without power can not stable the people. But how can any king either by power or wisdom stable his people/ if the clergy have power to make laws to bind him and his people/ unless that he should be taken as judge over those laws wherefore we think that like as kings and princes before they were christened/ had power to order their people after the law that they than were of/ and had power to avoid all such things: as might bring any unquietness among their people/ that so the same princes after they were converted to the christian faith/ had as full power to keep their people in peace and quietness as they had before they were christened. And that they may avoid all thyngis that might break their peace or bring unquietness among their people/ by what occasion so ever it should happen to rise/ so that they offend not the christian faith that they have received. ¶ The seventh question. the tenth Chapter. IF a king that is an infidel would offer to be converted to the christian faith/ and to receive all the articles of it/ with all his people. But he will not that his Subjects should be bound to break their labour/ ne to keep any holy days but only the Sunday/ Ne that his subjects should be be bound to any laws made after their conversion/ but only by such laws as should be made after the order and custom of his realm whether he ought to be received to the faith with those conditions or not. The tenth chapter. ¶ The answer to the vii question. THe answer that is made to the sixth question/ showeth sufficiently & plainly enough how this seventh question may be answered. For if the Clergy have authority by the law of god to make holidays/ and also to make laws to bind princes and their people/ than there may be none that will be of Christ's faith that shall refuse them/ For every christian man must specially profess to observe and keep the law of god. But if the clergy have made holidays and laws by a free consent and agreement of princes & of the people/ or by grant of princes/ & not by the law of god. Than may such a king that is unchristened/ and desireth to be christened refuse all those holidays & laws For they be not made by the immedyat authority of the law of god/ But the sunday/ all christian men bound to keep holy by example of our lord/ which in the seventh day rested from all works that he had made. As it appeareth. Gene. two. And yet we suppose that the sunday that is now used among christian men/ might be changed to another day in the week by princes and their people/ so that one day in the week be kept as a day of rest/ for prayer and contemplation. For it is but by the law & ordinance of man that the sunday is kept on this day as it is now kept among christian men/ for among the jews it was kept on the saturday Nevertheless our meaning is not that it were good to have the Sunday alteryde to any other day in the week/ for the day that it is now kept on seemeth to be the most convenient day that can be appointed for it. But our intent is to show how the sunday is by the law of god/ & how it is by the law of man. And as for all other holy days they be but ceremonyals brought up by the devotion of the people/ thorough the good ensample of their bishops and priests/ which undoubtedly lived a blessed life/ in fasting/ praying/ and contemplation/ in the beginning of the church/ more purely than lay men did/ so farforth that princes seeing the grace and virtue that was in them/ were contented to suffer them to do many things concerning the good order of the people/ which they might have done themself if they had list: but princes have not all way accounted ceremonies concerning the ordering of the people/ to be of such weight as they have been in deed: but have holden them as small matters which have been very weighty and therefore they have suffered the clergy to order them whiles they have been busied in weightier matters for the common wealth as they have thought/ though it have not always been so: for many ceremonies be right much to be regarded & many persons have been punished for breaking of them as grievously as if they had offended against the law of god and sometime more/ and their upon in process of time the people have thought that the clergy have ordered such ceremonies and made laws thereupon by their own power and by the immedyat authority of the law of god/ where it hath not been always so in deed/ but they ought in many cases to have put the princes and their people in mind to have done it/ and that is the very duty of a watchman to put the rulers of the city in mind what things be like to be dangerous unto the city/ and thereupon to be callers on that remedy may be provided before the danger come. But the clergy by such sufferance (as before appeareth) have taken upon them to order such things as by their own authority/ & that hath caused moche people to dread them & their laws more than their princes/ whereby the power of princes to them given by god/ hath greatly decayed and been but little regarded/ and by this sufferance the clergy have extended their power upon the people very grievously where upon great grudges have risen in many places among the people: wherefore now that such grudges be known princes be bounden to know their own power and omitting other things that be not for the time so necessary for the comen wealth/ are bound also to put to their hands for reformation/ and not to cease till they have brought such matters to a good qetnesse. And as for other holidays/ if the multitude of them be thought hurtful to the common wealth/ and rather to increase vice than virtue/ or to give occasion to pride rather than to meekness/ as peraventure the synodales and particular holidays have done in some places/ the parliament hath good authority to reform it. But as for the holidays that be kept in the honour of our lady/ the postles/ and other ancient saints/ they seem right necessary & expedient to be continued/ though they be not merely grounded by authority of the law of god. Thus we think that such a prince as would be converted to the christian faith may refuse any of the ceremonies and laws made by the clergy in time passed/ and yet be received to the principal articles of the christian religion. ¶ The viii question. The xi cha. IF a man avow to offer a horse or any other thing to a saint before a certain image/ whether that avow must upon pain of restitution be performed quick or dead/ or not. The xi chapter. ¶ An answer to the viii question. IF a man have avowed to offer a horse or any other thing to a saint/ before a certain Image. He that hath the profit of the offering there/ hath after the laws of the realm no property in the thing so avowed till it be offered in deed. For after the laws of the realm/ such a vow is but as a nude contract/ and is void to all intentes/ as to the law/ if it be not performed. But if it be offered to the saint according to the avow. Than he that hath the profit of the offering hath good property in it. Howbeit if the party live we think it is expedient that he make his offering in fulfilling of his avow/ unless he have an urgent cause to let him that he may not do it. And if he have such a reasonable cause/ than it seemeth that he may turn it to some other good deed after his devotion/ for the law bindeth him not to any restitution. And in likewise it is/ if a man without having. Quid pro quo. promise to give another twenty pound at a certain day that promise in the law of the realm is also void/ and is called in the law a nude contract/ and none action lieth upon that promise. Ne the party is not bound in conscience to fulfil the promise without he intended to be bound by his promise when he made it. But if he upon the promise made an oath that he would perform it/ than we think he is bound in conscience to perform it in saving of his oath whether he intended to be bound by his promise or not/ though he be not bound thereto by the law: But to say that restitution must be made in this case to him that hath the profit of that offering/ is but a vayne saying. And the people would be plainly instructed therein/ to th'intent that if any such case should happen hereafter/ that no man should think himself bound in conscience to restitution where he is not bound to it. And so to have a grudge in conscience where it needeth not. ¶ The ix question/ The xii cha. IF the writ of Excomunicato capiendo were put away by parliament. Whether the keys of the church were any thing offended thereby or not. The xii chapi. ¶ An answer to the ix question. IF the writ of excomunicato capiendo. That is commonly called a Significavit/ were put away by parliament/ the keys of the church were nothing thereby offended. For if the clergy make an excommunication/ & the party excommunicate will not obey it/ but obstinately stand in his malice/ the clergy by virtue of the keys hath no authority to imprison him thereupon/ ne to compel him to any penance/ ne to proceed any farther by their own power. But than it hath been used by a laudable custom of the realm in maintenance of good order and virtue among the people/ That if the bishop certify the king that such an excomunicat person hath been accursed xl days & will not be justified by the censures of the church/ as they call them/ that than the king of his special grace shall direct the said write of Excomunicato capiendo to the sheriff where the party dwelleth commanding him thereby to justify the party by the body until he have satisfied the church/ both of the contempt and of the wrong. etc. And so it appeareth that the granting forth of the said writ of Significavit dependeth only upon the power of the king and of his laws & not upon the immediate power of the clergy. Therefore though it were prohibit the power of the clergy remained hole unto them as it did before. Nevertheless our intent is not to prove that it were good to put away the saide writ of Significavit. For it is right good and convenient to be used when the case requireth. But our intent is to have it known that the power of the granting of the said writ dependeth upon the said custom and laws of the real me/ and not upon the power of the clergy: so that the clergy may the rather perceive what great favour the king & his laws hath borne to the spiritual jurisdiction upon trust that they have had/ that the spiritual jurisdiction will so effectuously give eye unto the truth that none of the kings Subjects should be unjustly grieved by such excommunications. But if it should happen the people to be overmuch grieved thereby. Than should the king and his parliament be bound in conscience to provide remedy in that behalf/ as should be thought expedient for the good piece and quietness of his subjects. ¶ The tenth question/ The xiii. chapter. WHether the article of the statute of Carleole that treateth of the comen seals of houses of religion be a statute or not. And if it be a statute/ why it hath not be put in execution. The xiii chapter. ¶ An answer to the ten question. THe article of the Statute of Carleole that treateth of the comen seals of houses of religion is a statute/ as the other chapters in the said statute of Carleole are. And we think ferther that two things have caused the said statute not to be put in execution/ whereof one is this. The words of the statute are so uncertain of themself that the judges could not by the word/ of the statute judge by order of the law what was the very meaning of the makers thereof for though it seem that their meaning was to provide remedy for the save keeping of the comen seals of houses of religion/ and that like as the comen seals had been in time passed in the keeping of the Abbot or Prior or other soveratn only. etc. that it should be fro thence forth in the keeping of the Abbot or prior. etc. And of four of the most discrete brethren of the said covent: Yet nevertheless/ the statute is that it shall be put into the keeping of the said four brethren under the private seal of the Abbot/ and so the words that follow after in the statute/ that is to say/ so that the Abbot or Prior of the house may in no wise make a contract or obligation by himself/ be void and of none effect/ for notwithstanding that the comen Seal be in the keeping of the four brethren unto the private seal of Abbot: Yet may the Abbot make a contract or obligation/ as well as he might have done before the making of the saide statute. And so the uncertainty thereof is one cause why it hath not been put in execution. There be also divers other statutis/ wherein the mind and intent of the makers/ were not so plainly declared/ that the judges after the order of the law might judge upon them/ till they were more plainly declared and interpreted by parliament. For none may interpretate a statute but the parliament only. And one of the statutes that were in themself uncertain for the judges to judge upon is this. It was enacted in the seventh year of king richard the second the xu chap, That no man should carry/ armour corn/ victual/ nor other refresshement into any party of Skotlande on pain of forfeiture. etc. And for because Berwicke which is in skot land was not excepted in the statute though it were than as it is now in the Kings hands: yet it was thought that the goods carried thy there were forfeit. And the judges would not take upon them to interpret the statute otherwise than the express words of the statute warranted them to do. Wherefore in the xu year of his reign it was declared by parliament. That it was not th'intent of the saide first statute/ that they that carried any victuals to berwick should run therefore into any penalty of that first statute. Also a statute was made in the viii year of king Henry the vi whereby it was ordained that the choosers of the knights of the parliament should be of the same county/ & have lands to the yearly value of xl shillings over the reprises. But the statute said not expressly that the choosers should have lands to the yearly value of xl shillings within the same shire/ wherefore some men were of an opinion/ that if he dwelled in the same shire and had xl shillings yearly in another shire that it sufficed/ and some other thought the contrary. And that like as the intent of the makers of the saide Statute was that such an elysour should dwell within the same shire/ that their intent was that he should also have lands within the same shire. And finally the matter was showed in the parliament in the tenth year of king Henry the sixth/ where it was enacted. That every chewser of the knights of the parliament should have xl shillingꝭ of freehold within the same shire. And so we think that one cause why the said statute of Carleole was not put in execution/ was the uncertainty of the words of the statute. And therefore/ if it were yet declared and made more certain/ we think it were a right good deed. Another cause why the saide statute was not put in execution/ we suppose to be this. That is to say/ that abbots and other spiritual men in the days pretended that it was not in the power of the parliament to order such spiritual matters/ as they thought the keeping of the comen seals in spiritual houses was/ & that therefore / they were under the pretence of a more clear way in conscience encouraged the judges to suffer the said statute to lie unexecuted/ and what so ever the occasion thereof was/ the truth is/ that the saide statute was never yet put in execution. But if the statute were plainly declared & put in execution hereafter: it should seem to be a right expedyente act/ for the well ordringe of many religious houses within this realm. ¶ The xi question. The xiiii cha. IF a man be accursed for dysobeyenge of any of the constitutions provincial or decres that be against the kings laws and his prerogative/ what danger he runneth in by that excommunication. The xiiii chapter. ¶ An answer to the xi question. IF a man be accursed for disobeying of any of the constitutions provincial or decres/ that be against the kings laws and his prerogative/ or for any cause whereof the suit pertaineth to the kings court/ the excommunication is not sufficient in the laws of the realm/ ne a significavit lieth not in such case if the truth of the matter appear to the king/ and if the bishop certify the excommunication to the king/ and showeth not the case thereof. And thereupon the excommunicate is taken by a significavit & put in prison/ & than he by his friends showeth the matter before the king in his Chancery/ the party ought thereupon to be delivered out of prison. And if the bishop will in nowise assoil him when he is delivered out of the prison he offendeth against the king and his laws right grievously for denying the absolution. ¶ The xii question/ The xu cha. WHether the kings Court be put out of iurisdictyon for tithes by the law of god or by custom of the realm. The xu chapter. ¶ An answer to the xii question. THe people be bound by the law of reason and also by the law of god to give unto their spiritual ministers a sufficient portion of their goods to sustain them with: But that the spiritual ministers should have the ten part in the name of the reasonable portion is only by the law of man and by a custom of the realm. And therefore if that ten part were not sufficient in any place for a reasonable sustentation of the spiritual ministers the people were bound to give them more. And if it be to much and over grievous to the people/ the parliament may moderate it. But than though a reasonable portion be due to the spiritual ministers by the law of god as is said before yet that the suit shallbe taken for that reasonable portion in the spiritual court if it be denied is only groun did upon a favour that the kings of this realm and the hole realm have in time passed borne unto the clergy/ for though the portion be due by law of god: yet it were no thing against the law of god though the suit for the portion should be taken in the kings court: And peraventure it were the more indifferent weigh if it were so/ for now they be both judges and parties/ but as for the tenth part it is much more stronger that the suit might be taken in the kings court with out offending the law of god: and so we think that the kings courtis be put out of jurisdiction for tithes by a custom of the realm and not by the immediate power of the law of god: And that it is so/ it may more plainly appear thus/ long after that the kings courts of his Bench and Comen place/ and also other inferiall courts were put out of jurisdiction for tithes: Yet nevertheless writs of Scire facias were commonly sued in the chancery for tithes/ and the defendants were there upon put to answer/ wherefore at the petition of the clergy/ and in consideration of a dime that the clergy granted to the king it was enacted in the parliament holden at westm in the xviii year of king Edward the iii the last Chapter that such writtis of Scire facias should not fro thenceforth be granted for tithes/ & that the process than depending upon such writs should be void/ and that the parties should be dismissed afore secular judges of such manner of pleas/ saving to the king such right as he & his ancestors have had/ and of reason ought to have/ And by reason of this statute no suit may be taken in the Chancery for tithes/ but only by the kings patentes/ and therefore if it were ordained by parliament that the suits for tithes should here after be taken in the kings court. The parliament ought to be obeyed therein/ aswell by spiritual men as by temporal. How be it we will not fully affirm that it were good so to have it ordered/ for as long as the spiritual iurisdyction will order the suits thereof there according to right and good indyfferencye/ it is sufferable that the suits be taken there for tithes hereafter as they have been in times passed. But if they use themself in such partial manner/ that the people have just cause to complain of the partiality/ than shall the parliament be bound in conscience to look diligently on the matter and to see it reform. Also it is only by the custom of the realm/ that divers things be tried by the spiritual court and not by the kings laws: as it is of this Issue. He is a monk professed or not professed/ dereyned or not dereygned/ admitted and instituted or not admitted/ able or not able/ Bygamus or not Bygamus/ plain or not plain. All these Issues and many other may sometime be tried by the ordinary/ but ●arte always: for if such matters be pleaded in abatement of the writ/ or that such matters be alleged in them that be strangers to the ple: or if disabylyte be allayed in one that is deed: or if the ordinary certify that he in whom profession is allayed/ is exempted from his iurisdyction. It shall be tried even as the law is now/ by the kings laws. And tf it were enacted that it should be so in all cases/ the law of god were nothing offended thereby. Howbeit we say not this: to th'intent it should be so enacted/ but that we think it convenient that the clergy should know that they have that power by the favour of the king and of his realm by reason of a special trust and confidence that the kings of this realm/ and the hole realm have had in the ordinaries in time past. But if they misorder themself therein/ and refuse to obey the kings laws/ or claim that power only by the laws of god/ so that it may in no wise be taken fro them/ where it is not so in deed. Than as it seemeth good charity would that to give them the more occasion of meekness/ that they should know the power of the king and of his parliament therein. And it is no doubt but that the parliament may with a cause take that power fro them/ and might also have done likewise before it was recognized by the parliament/ and by the clergy that the king was the heed of the church of England/ for he was so before that recognition was made: as all other christian princes be in their own realms over all their Subjects spiritual and temporal. ¶ The xiii question. the xvi cha. WHether the determinations upon certain articles here after following. and that be recited in the sums called Summa angelica & Summa rosella/ stand with the laws of the realm or not. And if not whether any hurt may come by them if they be suffered to continue any lengre or not. The xvi chapter. ¶ If a secular judge be neclygente in doing of justice/ whether a spiritual judge may compel him to do justice/ or to supply his room & here the cause & it is said there that he may. Summa Ro. judex ii para. iiii. Whether the goods of them that minister the goods of the church be bound for the church goods. And if such ministers do pledge their goods for necessity to another whether the goods pledged stand charged. And it is said there that they do. Ro. pignus. para. two. in prin. Whether religious people shall succeed to their ancestors. And it is answered that they shall except freres minours. Ros. religio. iiii. Para. xiiii. Whether any gift between the husband and the wife may be good And it is said yea. when the husband giveth it causa remuneracionis. ro. in the title donatio. i. Para. xxxii. If a man do treason whether the gift of goods after the treason & before atteyndre be good. Summa an. in the title donacio. i Para. xii, And it seemeth there nay. And look a in the title alienatio. pa. xxiiii If a man make a will and enter into religton/ whether he may after revoke the will. And it is said that Freres minors may not and other may. Ro. in the title donacio. i. Para. xxxv. in fine. Whether all that is bought with the money of the church be the churches. And it is answered ye. Sum. Ro. in the title Ecclia. i. Para. seven Whether the bishops palace be sent wary. And it is answered yes. Sum. Ro. in the title Emunitatas. ii Para. xxiiii. Whether the dignity of a bishop or priesthood discharge bondage. and it is said yes/ but it is agreed that they ought not to be received thereto. etc. Ro. in the title Epus in principio. Whether a clerk be bound to pay any impositions or tallages for his patrimony or otherwise. Ro. in the title excommunicacio octava. pa. iiii. v. et vi. et division nona. Para. i. If it were ordained by statute that if a man sell. etc. that he shall give to the king ii pence. whether a clerk be bound if he sell of his prebend. And it is said nay. Sum. Ro. in the title excommunicacio. i. division nona. Para. iii. If it be ordained by statute that there shall not be laid upon a deed person but such a certain cloth or thus many tapers or candles/ whether the statute be good. And it is left for a question. Sum. Ro. in the title exconicatio i division xviii Para. viii. in fine. Things immovable of the church may not be given. Sum. Ro. in the title feodum. Para. i. et vide ibi in principio/ what feodum is. To whom treasure found belongeth. And the answer therein varieth much fro the law of the realm/ and is also against the kings prerogative. Summa. Ro. in the title furtum. Para. xi. The goods of deed men go to the heirs/ and that of dampened men/ and by that term goods they understand lands & tenymentꝭ. Sum/ Ro. in the title hereditas. Para. i. If goods be found that were left of the owner as forsaken who hath right to them. Sum. Ro. in the title inventa. Para. two. et vide. Sum. Ro. in the title. furtum. Para. xvii If a man bequeath another man's good of what effect it is. Sum. Ro. in the title legare. para. i. et ii If a man bequeath to his wife his ornaments which have certain gold and jewels upon them that is not lawful to use after the statutes of the country. whether the gold & jewels pass. Ro. Legare. para. xiiii, et xv. If a man bequeath to his daughter when she marrieth a certain sum of money/ & she entereth in to religion whether the bequest hold. Ro. in the title legare. Para. xxvii. If two have an house in comen and one will set it/ and the other will dwell in it/ who shallbe preferred. Ro. locatio. Para. vi. whereby the rend of a thing set to farm shallbe released. Ro. locacio. pa. ix. et ten And it is said by tempest and enemies. etc. et vide pedagium xviii Whether the rent shallbe increased if the thing let be amended of itself. Ro. locacio. Para. xi. et xii And it is said if a mill increase by decay of other mills/ the rent shall be increased If a prelate religious without assent of the covent make a lease for term of life/ or to a certain term/ he is suspended/ & nought goth to the grantee. Ro. locacio. pa. xxiiii Whether lands of the church may be pledged. Ro. pignus. para. vi. Whether a prescription serveth against him that hath paid a thing long without cause. And it is answered nay. Ro. pnscripcon. pa. xxii Whether upon a nude contract may be grounded any action. And it is said yea. Ro. ꝓmissio. pa. v. If a monk that is fugitive/ or a postata come to goods/ to whom belongeth the goods. And it is said there to the monastery. Ro. religio para. i. and Look. Ro. religio. four para. xii. Whether goods that a man giveth to the monastary that he goth to follow him if he go to another monastery. Ro. religio four Para. xi. ¶ An answer to the articles contrived in the said xiii question. WE think that all the said articles be either against the kings laws/ or else that they be of non authority in this realm. And therefore whosoever in this realm order their conscience after the determinations of the saide sums mentioned in the said xiii question/ and by the authority of the said sums we think they err in conscience. And we think ferther also that it is very like that some spiritual men in are by trementes & other counsels/ and also in their judgements have been deceived thereby in time past. And that it is very like that many of them will be so/ till a plain declaration be made thereupon/ according to the laws of the realm. And the danger is such/ that they that give sentence according to the said articles or any other that be against the law of the realm bind themself thereby to restitution not only of the thing in variance/ but also of all the costis & damages that the party shall sustain by occasion of the same. ¶ The xiiii question. the xvii cha. WHat should cause the highest comen wealth now in these days The xvii chapter. ¶ An answer to the xiiii question. THe highest comen wealth that could be now in these days were this. That all kings & princes would fall to a loving pease and concord together/ & that they would than consider what high power & authority they have received of our lord over his people/ & how straight account they have to make therefore hereafter/ and that they would thereupon with all diligence fro time to time put that power in execution to the honour of god and wealth of the people. And that they specially by such counsel as they shall think most disposed to say the truth. Have this verse which is written. Psalmo ii Et nunc reges intelligite erudimini qui iudicatis terram. And this text. Rex sapiens: populi stabilimentum est. which is Sap. two Plainly and truly expounded and declared unto them/ and diligently to follow the same. And certain it is that he that said. My delight is to be with the sons of men/ would not have his people live out of order/ ne be blinded with darkness of ignorance. And if the said texts be well understand/ it will appear thereby/ that the high judgement is in princes/ and that it lieth in princes to appease all varyaunces and unquietness that shall rise among the people/ by what occasion soever it rise spiritual or temporal/ and it will appear thereby also/ that the kings grace hath now no new authority by that/ that he is confessed by the clergy/ and authorized by the parliament to be the heed of the church of England. For it is but only a declaration of his first power by god committed to kingly & regal authority/ & no new grant. and that for all the power that he is the heed of the church/ that yet he hath none authority to minister any of the sacraments/ ne to do any other thing spiritual/ whereof our lord gave power only to his apostles and disciples. And because princes have not here tofore commonly been learned of themself to know their own power in all things to them committed by god. It is therefore expedient that they have true/ just and indifferent counsel/ as well spiritual as temporal/ the which as ministers under them/ may fro time to time declare their power unto them/ and put them in mind what is expedient to be done for the comen wealth: setting always truth before their eyen/ with the faith and obedience that they are bound to bear unto their prince/ specially concerning the power and authority that he hath received of god/ for ministration of justice unto his subjects/ and for keeping of them in peace and quietness. ¶ Of divers authorities and reasons/ whereby many have pretended in time past/ that the clergy should have both powers/ that is to say spiritual & temporal/ with answers to the same reasons. The xviii chapter. ♣ The first reason is this. over lord said to his disciples. Math. xviii. Quodcumque ligaveritis super terram erit ligatum et in celo. Et quodcumque solueritis super terram erit solutum et in celo. And than they say that he that gave them authority to bind and lose all thing/ gave them authority to make laws of all thing: And laws of all things can not be made without power/ as well spiritual as temporal. etc. wherefore they say it must needs follow that the clergy hath both powers. ¶ The second reason. ALso the apostles said to our lord. Luc. xxi. Here be ii swords/ and he answered that suffysith. And than they say/ that by these two swords are understand both powers/ that is to say spiritual and temporal. And than they say farther/ that if our lord had thought ●hose powers to much for his apostles / that he would not have said of the two swords/ it suffysith/ but it is to much. ¶ The third reason. ALso it is said. Mat. xviii. If thy brother offend thee/ correct him between him and thee/ and if he here thee/ thou hast won thy brother: and if he here the not/ take with the one or two witness. And if he here the not than/ show it to the church/ and if he hear not the church/ let him be to the as an Ethnyke and a publican. And than they say that by those words: show it to the church/ is understand the spyritualty. And that/ in that it is said/ if thy brother offend the. etc. and showeth not in what offence/ that it is understand of all offences Spiritual and Temporal. etc. ¶ The answer to these iii reasons before/ appeareth in the ix chapter of this book. The fourth reason. ALso it is written. Primo ad Corinth two. Spiritualis autem judicat omnia et ipse a nemine judicatur: That is to say/ A spiritual man judgeth all things/ and he is judged of no man. And than they say/ than he that may judge all things hath power as well spiritual as temporal. etc. An answer to this four reason. ¶ The words of the Apostle in this place are of this effect that the spiritual man/ that is to say/ a man that followeth the judgement of the spirit/ judgeth all things as they be: That is/ things worldly to be but vain/ deceitful/ and of short abiding/ and things ghostly to be soothfast/ true/ and always abiding. And over that for the more clear understanding of this text of the apostle. It is to understand that by this term spiritual/ is not understand spiritual men after the comen use of speaking/ whereby all of the clergy are called spiritual men. For it is no doubt but that many of the clergy are more worldly and more carnal than many of the lay men be. And it is not against the perfection of the hole clergy/ though they confess that some of them be so. Ne it standeth not with charity/ that if any man will lay abuses in some of the clergy/ that they should therefore conjecture or make other to conjecture that he that so doth loveth not priests/ or hateth their ministration and there willbe no parfet unite as long as the clergy will rather find default at them that speak of such abusions in the clergy/ than to do that in them is to reform them/ and so by that term spiritual that the apostle speaketh of is understand a man that liveth after the spirit/ as is said before. And therefore he that taketh the text to be understand/ that a spiritual man shall judge all thing taking by that term spiritual/ the clergy taketh it clear contrary to the mind of the apostle. etc. The fifth reason. ALso it is written i Corinth. vi. Nescitis quia angelos iudicabitis/ quanto magis secularia That is to say/ Know ye not that ye shall judge angels/ how much more shall ye judge secular things. Whereby some of the clergy have said that the clergy ought to judge secular things. For they say that the said epistle was written to the clergy at Corinth. etc. An answer to this .v. reason. ¶ The words of the apostle that are recited in this, v. reason/ were spoken to all the christians at Corinth and not only to the clergy there: as it appeareth in the first chapter of the said second epistle to the Cor. For it was made to his disciple. Tymothye. Et ecclesie dei que est Corinth. That is/ To Thymothy and to the church of god that is at Corinth. And by that term: The church of god at Corinth/ is understand the hole congregation of the faithful people at Corinthe/ & that they all shall judge angels. That is to say/ that they shall approve the sentence of god given upon angels good & bad/ as every good christian man shall. And not only that the clergy shall do it. And therefore they that take that text to be spoken only to the clergy/ take it contrary to the text/ and also contrary to the mind of the apostle. etc. The vi reason. ALso Gene. i. it is said/ god made ii great lights: The son that is the spiritualty/ that it should govern the day/ that is to say things spunall And the moan that is the Emperor or the king/ that it should govern the night. That is to say/ temporal things But the moan hath no light/ but of the son. And no more hath the king or emperor but of the spyritualty. etc. And therefore they say that the clergy have both powers/ The one in possession/ the other in right. Howbeit that they have committed the ministration of things temporal/ to temporal men, An answer to this vi reason. ¶ That exposition whereby the spiritualty is compared to the son/ and the temporalty to the moan in the said vi reason/ is no literal exposition/ and there is no sense of scripture sufficient to prove an argument by but only the literal sense. And so that vi reason is of small effect to prove that the clergy have both powers/ for it may as lightly be denied as affirmed. The seventh reason. ALso Theodosius th'emperor enacted/ and Charles confirmed it: That who soever had any variance and would put it to the judgement of the bishops. etc. That anon without any doubting it shall be sent to the judgement of the bishops. ex. de judiciis. Ca novit. An answer to this vii reason. ¶ Though Theodosius enacted & Charles confirmed it/ that who so ever had any variance and would put it in judgement of the bishops/ that anon without doubting it should be sent to the judgement of the bishops: yet that grant is of none authority in this realm for the kings grace here knoweth no superior under god: And therefore for him lieth no appeal. And over that/ if the kings grace made such a grant to his bishops in this realm/ that they might hold plea of Temporal things/ the grant were void. for it were against his laws. And furthermore we know no authority to prove that the saide Emperors made the said grant & confirmation but only the recital of the saide law made. ex. de iudicus. Ca novit. And that seemeth not sufficient to bind the Emperors/ ne their successors/ unless their assent could be proved by other sufficient matters of record. The viii reason. ALso it is said Deutro. xvii. If any thing be hard and doubtful to thee: bytwext blood and blood/ cause and cause/ lepry and lepry/ & thou seest the judgement variant bytwext the persons/ thou shalt come to the priests of the levitical kind & to the judge that shall be that time/ which shall show the the truth of the judgement/ and thou shalt do what so ever they that be there in the place that our lord hath chosen: say/ and thou shalt follow their sentence/ and than they say that sith priests in the new law be of no lose authority and power than priests of the old law were etc. that they ought to have no lose authority and power than the other had/ but rather more. An answer to this viii reason. ¶ It is no doubt but that the office and ministration of the priests of the new law are more notable & more worthy than the office or ministration of the priests of the old law were: For they were in a darkness these in the light. They in figure/ these in truth of the thing figured. And therefore for the highness of their authority in spiritual things/ the judgement & ordering of temporal things is the more unconuenyente for them. And for that cause it was that the apostles said. Act. vi. It is not meet for us to leave the word of god and minister to the tables. And sith the apostles thought that the ministration to the tables/ though it were a right charitable deed/ was unmeet for their office which stood specially in preaching and teaching and in prayer and contemplation/ and other ghostly counseyls and ministrations to the people. How far unmeet is it than to their successors to take upon them as it were a deed of high ꝑfectyon/ to judge betwixt cause and cause/ title and title/ as well of lands & tenements/ as of goods and catales. yea: and sometime of things concerning the life of man. Therefore the same reason that is made to prove that because the authority and power of priests in the new law/ is no less than the authority and power of the priests of the old law was/ & that therefore they should have as much authority to judge betwixt blood and blood/ cause and cause/ lepry and lepry as the other had/ maketh right strongly against them. And further it is to be noted that in the said text of Deu. xvii. It is not said only that the party shall come to the priests of the levitical kind/ but that he shall come also to the judge that shall be that time/ but whether that judge must be of the levitical kind or not it doth not appear. etc. ❧ The ix reason. ALso in this matter in hath been said/ that Emperors at the beginning had some right in the Empire/ but for their sin that they did against holy saints/ and that specially against the high bishops they were deprived of the right of the Empire/ and that the right thereof was translated unto the church/ for he deserveth to lose his privilege that abuseth the power to him committed, xi. q. iii. Ca privilegium. An answer to the ix reason. ¶ emperors had title to the Empire of the immediate gift and ordinance of god long time before the coming of Christ/ and it appeareth not that ever Christ took that power from them. And though some of them misdemeaned themself against holy saints/ and that specially against the high bishops. Yet why they/ or their successors should therefore lose the right of the Empire which was given to them of god. There is no reason/ for though some of them were evil/ the successors might be good: as undoubtedly many of them have been. And some time an evil man is suffered of god/ for the proof of good men/ & over that admit that they were worthy to be deprived for their offences fro the right of the Empire Yet why that right should be translated to the church/ it will be hard to prove it by reason. For as for to the law that is allayed for the proof thereof. that is to say xi q. three Ca Privilegium. That he deserveth to lose his privilege that abuseth the power to him committed/ proveth nothing that it should be translated to the church/ taking by that term church/ the bishops and clergy. For it is no doubt but that the emperors received not the emprye of the clergy/ wherefore it seemeth that that reason is but of little strength to prove that both powers/ that is to say spiritual and temporal should be in the clergy. ❧ The tenth reason. ALso it is said. Psal. lxxi. Deus judicium tuum regida et justiciam tuam filio regis: judicare populum tuum in justicia et pauperes tuos in judicio. That is to say/ O lord god give thy judgement to a king/ and thy justice to the son of a king: to judge thy people in justice/ and thy poor folk in judgement. And than this reason hath been made thereupon/ that these words were spoken lytterally of christ as they were in deed/ as a prayer that the father of heaven would give his judgement & justice to Christ. And they say as the troth is/ that that power was fulfilled in Christ: as it appeareth. joh. v. Where it is said. Pater omne judicium dedit filio. The father hath given all the judgement to his son. And also christ saith himself. Mat. xxviii. All power is given to me in heaven and in earth. And than this reason is made further. That that power that christ had he never gave to emperors or kings/ but to his disciples/ when he said to them. Quodcunque liga. etc. Wherefore both powers spiritual and temporal sith the time of christ hath been in his apostles and disciples/ and in their successors. An answer to this tenth reason. ¶ It is no doubt but that all power was in Christ/ in heaven & in earth/ both of bodies & souls/ lands and goods/ life & death. But it is as little a doubt but that Christ never gave all that power to his apostles nor disciples/ ne yet he gave not to them all the power that was in him concerning the ministration of the sacraments/ whereof he committed a right high power unto them: as to minister any of the sacraments but in due matter/ as in water/ bred/ and wine or such other/ as he might have done himself: Ne yet he never granted power unto them to do miracles by their own power/ as he himself did. And sith he granted not to them power to minister the sacraments but in due matter/ which if he had done/ it had not dymynisshed the perfection of their ministration/ but greatly enlarged it. It is not to think that he would give them power over such things/ whereby they should be the more unapt and unable to use the spiritual ministration to the people that he had given unto them: as is the medeling with temporal matters & temporal business. And how great peril and danger hath comen thereby/ as well to the hurt of their own souls as of the souls of many other/ no man knoweth but god alone. And for as much as it is very like that spiritual ministers will not freely remove themself fro such Temporal power and Temporal business. All christian princes are bound in conscience aswell for the health of the souls of all spiritual ministers as of all other people that they have taken charge of/ to remove the occasions that have caused them to set themself so fully to the medeling of Temporal things as many of them have done in time paste. The xi reason Our master Christ said to his lxxii. discyplꝭ. Luc. x. He that he reach you/ heareth me. And upon these words this reason hath been made/ that for as much as our lord speak the said words generally to his disciples/ to whom all priests be successors: and showed not what time/ ne wherein they should be herd/ that his words must therefore be taken to be of this effect/ that he would that his disciples & their sucessours should be herd and obeyed as well in things spiritual as temporal/ whereof it must needs follow that they have both powers/ That is to say spiritual and temporal. An answer to this xi reason. ¶ It is to be understand/ that the same time that our lord speak the feyd words to his disciples/ he sent them forth to preach in to every city and place where he should come: and at that sending forth he said to them on this manner: The harvest is great: the workmen be few: pray ye the lord of the harvest that he send workmen in to his harvest: Go ye forth. Lo/ I send you as lambs in the mids of wolves/ Bear neither seek/ scrip/ nor shoes/ and salute no man by the way: In what house so ever ye enter first say/ peace be to this house/ and if the son of peace be there/ your peace shall rest upon him/ and else it shall return again unto yourself: In the same house abide ye/ eating & drinking such as they have. Truly the work man is worthy his hire/ go not fro house to house, And into what city soever ye enter & they receive you/ eat that is set before you/ and cure the sick folks that be in it/ & say unto them/ the kingdom of god shall draw near unto you. And in to what city soever ye enter/ & they receive you not/ ye shall go into the streets and say. Lo/ the dust that cleaveth to us of your city we cast upon you. Nevertheless know this/ that the kingdom of god draweth near. And than after certain words that he speak to them concerning such cities as would not receive them/ he said the words before rehearsed/ He that heareth you/ heareth me/ whereby it appeareth that his meaning was to have the people here his disciples when they preached such things as he commanded them to do/ that is to say. That the kingdom of god drew near/ as if he had said. When ye preach that I commanded you to preach/ and as I myself do preach of the kingdom of heaven/ and use yourself as lambs among the people/ than he that heareth you/ heareth me/ for ye speak in me/ and I in you. And than also all they that hear you and follow your teaching shall have as much reward as if they had heard me parsonally and followed my teaching. Furthermore it is not like that the meaning of our lord was by those words that his disciples should have both powers spiritual and temporal: for if he had intended so, he would not have sent them forth so poorly as he did without seek/ scrip/ or shoes/ and bid them live of their preaching. The effect therefore of the saide words is this. That when preachers preach the gospel truly unto the people & declare under what manner the kingdom of heaven may come unto them/ that they be than reverently & devoutly herd. But if they pretend to have by that text or any other: more worldly honour power/ or richesse/ than our master Christ left unto them/ than the people are not bound to obey them in that pretence. ¶ Of abusions' and defaults in the clergy/ concerning the laws of the realm. The xix chapter. first/ it hath been a great default in divers of the clergy that they have reported & affirmed in time passed/ that the statute made in the xlv year of king Edward the third/ concerning the tythinge of wood that is commonly called the statute of silva cedua/ is against the law of god. And that yet now that some question hath of late been moved thereupon/ none of them endeavoureth himself to prove it is so/ ne yet to have the matter set in a good clear way: but as it seemeth force little/ though the matter rest still in variance as it hath done before: & if it be so suffered to continue/ great variance will follow thereupon: for the one law will that the tithe wood be paid/ & the other law clearly prohibyteth it. ¶ Also it hath been a great default in many of the clergy/ for that they have made pretence in time passed/ as well in open sermons as in other places/ that it is against the law of god/ that priests should be arraigned before lay men/ and that yet they have not endeavoured themselves to show any sufficient authority to prove that it is so/ & clearly to stable the realm in that behalf/ but rather show themself content that the matter should continue in variance/ as it hath done in time past. Also it hath been a right great default in many of the clergy that saying that they have made pretence openly that it is against the law of god/ that priests should be arraigned before lay men/ and that they have yet openly preached and taught/ yea/ and executed it in deed openly before the face of the world/ that if a priest be degrated that than he may be put in execution: For though he be degrated he is a priest as he was before/ because the carecter is indelible. And so that pretence of degrating seemeth to be none other/ but an illuding of the truth. And that the bishops would bring the matter to that point/ that such priests as they would have arraigned afore lay men should be arraigned/ and that none other should. ¶ Also sith the knowledge of the laws of the realm is in many cases necessary to all men in this realm for the clear ordering of conscience and for giving of true counsel to the people: It is a great default in many of the clergy/ that they have endeavoured themselves no more to have knowledge thereof than they have done And what inconveniences have come thereby/ no man can tell: for by that occasion ignorance hath been preferred before knowledge/ as well in outward courts/ as in the secret Court of the soul. ¶ Also it hath been a great default in many of the clergy/ that they have pretended/ that it hath not been convenient for lay men to treat of the power of the clergy/ ne to reason what be the keys of the church/ ne to touch the power of the making of their Canons/ or to treat which be reasonable and which not: for that right specially belongeth to princes and their counsel to look upon: for if they should be driven to believe the judgement of the clergy in things concerning the honour/ power/ & iurisdyction of the clergy against their own/ they might happily be deceived: for the more power that the clergy hath in temporal things the less is the power of princes/ & therefore they that be learned in the kings laws/ are specially bound before other to know the power of the king and of his parliament. For how can they know that the law that they have learned is to be ministered among the people/ If they know not whether the king by whose authority it is ministered/ have power to command the ministration of it. Also he that knoweth not that the parliament of England hath power by the hole church of England can not fully know the power of the parliament. Furthermore no man can know the power of the king and of his parliament: but he know the power of the clergy. For it is no doubt but that such power as the clergy hath by the immediate grant of Christ/ the king ne his parliament can not take it from them though they may order the manner of the doing. What an abusion is it than in them that would make the learners of the laws of the realm believe that it is not convenient for them to search/ ne know what is the authority of the clergy: for the authority of kings and of the clergy be so linked together in many things/ that the one can not be known/ but the other be known also: And yet as it hath been reported/ many right notable men have been brought to that belief in time past. Moreover it is no default in learners of the law to pretend ignorance in high doubts of scripture that pertain not to the learning of the law/ but to pretend ignorance in the power of the king and his parliament or of the clergy which be the things that most specially pertain to the approving or dysaproving of that they have taken in hand to learn is great default. And furthermore/ sith divers spiritual men have taken upon them to reason whether lay men have power to assign what cloth shallbe laid upon a deed corpse at his burial/ & what candlesticks & other things shall be set about him/ and what not. why should not lay men/ and specially those that be learned in the laws of realms and countries search whether the reasoning and determination therein proceed upon an indifferency & according to the troth or upon a singular covetise of themself/ and if they ought not nor mi●t not do so/ than might the clergy happily bind lay men to that they ought not to do in many cases. Nevertheless we think not that all the hole clergy be fallen into these defaults before rehearsed: for we doubt not but that there be many of them that have their eyen fully set open unto the troth: ne yet we think not that any of the clergy now living be in the full default of the said abusions: for many of them were begun by their predecessors before their time/ and therefore if they will hereafter endeavour themself with good diligence to help that the defaultis which were first begun by their predecessors may be reform. They shall thereby deserve great thank of god/ & give also a good & a blessed example to all the people toward a good universal reformation Amen. ❧ Faults in printing. ¶ In the tenth chapter the fourth lief/ the second side/ the xix line/ read many for any. ¶ In the xiii chapter the second leaf/ the first side/ the viii line/ read under for unto. And in the ix line for abbot read the abbot. ¶ In the xvi chapter/ the second leaf/ the second side/ the xiii line/ read emunitas for emunitatas/ and in the .v. leaf/ the first side/ the xiiii line/ read contained for contrived. ¶ In the xviii chapter/ the xiii leaf/ the first side/ and the last line read to be herd/ for heard The table. THat kings and princes have their authority immedyately of god & of obedience to them. the i cha. ¶ Certain other authorities concerning kings & princes. the ii cha. ¶ Of authorities proving that kings in time past have ordered things that some men call spiritual things. The third chapter. ¶ Whether the statute of silva cedua/ that treateth of tithe would/ be against the law of god. the four ch. ¶ Whether the spiritual judges be bound in any case to take knowledge of the kings laws. The .v. chap. ¶ Of arraigning of priests before lay men. The vi chapter. ❧ Whether any of the constitutions provincial be against the kings laws/ and of the exposition of master Lynwode made thereupon, The vii Chapter. ¶ Whether the treatise called Circumspect Agatis/ be a Statute. The viii Chapter. ❧ Whether christian kings have any less power over their subjects after their conversion than they had when they were Paynymmes. The ix chapter. ¶ If a king that is an Infydele offer to be converted/ but he will receive no holy days but only the sundays/ nor have his Subjects bound by any laws/ but of his own making/ whether he shallbe received with those conditions. The ten Chapter. ¶ If a vow be made to a saint/ whether that avow must be performed upon pain of restitution, The xi Chapter. ¶ If the writ of Exconicato capiendo/ were put away/ whether the keys of the church were thereby offended. The xii chapter. ¶ Whether the article of the statute of Carleole that treateth of comen seals/ be a statute. the xiii ch. ¶ Of exconicacyons made against the kings laws. The xiiii chap. ¶ By what law the kings court is put out of jurisdiction/ for tithes. The xu Chapter. ¶ Whether divers cases contained in the Sums called Summa rosella: and Summa angelica/ & that be recited in this chapter/ stand with the laws of the realm. the xvi ch. ¶ What should cause the highest comen wealth now in these days. The xvii chapter. ¶ Of divers reasons to prove that the clergy have both powers spyrytua and Temporal/ with answers thereto. The xviii chapter. ¶ Of abusions in divers of the clergy concerning the laws of the realm. The xix chapter. ¶ Finis. ¶ Printed at London by Thomas Godfray. Cum privilegio Regali.