¶ A treatise concerning divers of the constitutyons' provincial and legantines,  
❧ Printed at London by Thomas Godfray. Cum privilegio regali.   

Introduction.  
IN this little treatise are contained divers things concerning the constytutions provincial & the legantynes/ of Oath and Octobone/ sometime legates in this realm. And the matters that in treateth of be shortly touched in xxx chapters/ which be set in the later end of this present treatise/ whereby it appeareth that divers of the said constytutyons and legantynes be against the kings laws & his prerogative. And that some of them be also very troublous unto the people/ and not so charitable as they ought to have been.   

The first chapter.  
IN the constytutions proviciall in the first book/ and in the title of constitutions: there is a decree/ which be gineth. Quia incontinentie vicium et infra. Whereby it is commanded that the constitution of the late lord Octobon/ against concubinaryes be inviolably observed/ and that it be recited openly in the four principal chapters rural of the year/ before all the chapter excluding thence/ and separating all lay persons. etc.  
These constitutions be good and necessary. But why lay persons should be separate fro the saide recytalle: I see no cause/ for if lay persons might be there also to here it/ it would both do them good/ and also make the spiritual men the better to take heed. And sith lay men here of the defaults and abusions at home where they dwell. What hurt could it do/ if they heard the laws that the clergy hath made for a reformation of them: But it is very like that/ that excluding of lay men fro the reading of the said constitution: proceeded of a dread/ that the prelate's at the making of the said constitution had: lest that lay men/ if they heard it/ should happily the rather disdain priests or despise them: but surely it is to fear that/ that dread preceded not of charity/ but of sigularyte/ for by reason thereof/ I suppose the matter is come to that effect/ that it is neither red to priests/ ne yet to lay men.   

¶ The second chapter.  
ALso in the constytution/ which beginneth.  
Quod in constitutione et infra, And it is in the first book/ in the title of the Iteracyon of the sacraments/ to be done/ or not done. After the seven. Sacraments be there recited/ it is said thus. But the vi sacrament that is to say of holy orders/ accordeth to they in that be perfit. And the seventh sacrament/ that is to say of matrimony/ in the time of the New testament accordeth to imꝑfet. And though it be true/ that some that be in holy orders be more perfit than they that be in matrimony/ yet to make a recital in the law generally that the one order/ that is to say priesthood accordeth to perfect men: And the other/ that is to say matrimony accordeth to imparfet men/ may full lightly give occasion to the one/ that is to say to priests to be vain glorious/ & to the other that is to say to married men/ to mistrust overmuch the state of living that they be in/ which nevertheless undoubtedly accordeth to perfit men/ and if it be well kept/ is in deed holy & blessed. And though I know well that the meaning of the said recitale is not that all in the one degree be perfect/ and in the other unperfect: yet for asmuch as lay men that read it/ & be married may lightly take it so/ it may do great hurt that way/ as is said before/ but I see no way how it can do any good. And it is no doubt but that matrimony in the New testament pertaineth and accordeth to perfect men/ as well as ever it did in the old testament.   

The third chapter.  
THe law of the Realm is that if an advowson be void/ and the patron present an able encombent to the ordinary according to the law/ that the ordinary upon his paryll shall admit him/ and if he do not a Quare impedit lieth against him/ as it should do against another disturbour. And yet neverlelesse hath the bishops and clergy made a constitution/ that if a priest have a benyfyce/ and also a son & dieth/ that/ that son shall not be presented to that benefice next after his father. And the said constitution is in the title of priests sons/ in the first book. And beginneth: For as much as it is forbidden. And there is a like legantyne of Otho/ that beginneth. Although holy fathers. etc. And in that legantyne it is decreed/ that if any priests son/ be immediately after the death of his father/ presented to the same benyfyce/ and no mean parson between/ that he shallbe deprived. And these laws were made when it was lanfull for priests to have wives. And also/ it may come yet in ure/ in case that a man have a son before his priesthood/ and after hath a been fyce/ and dieth/ in which case his son is prohibit by these laws/ that after the death of his father/ he may not be admitted to that benyfyce. And in this point/ the laws of the realm/ and the said spiritual laws do vary: For in the same self case/ if the patron after the death of the father present the son/ so that he be able to be presented/ if the bishop refuse him a Quare impedit lieth against him notwithstanding/ the said constitutions/ and he shall be compelled by the kings laws to admit him. And the ability or non ability/ in this case shall be taken according to the quality of the person presented in virtue and cunning/ and not according to the laws made by the clergy. For if they would make a law/ that none should be admitted to a benyfyce/ but he were a master of art. That law should not bind in this realm/ and this inconvenience may follow upon such laws/ that if a man in such case be admitted by authority of the kings laws/ and be in possession/ the clergy will make process against him/ and depreve him/ & so that the one law doth the other will avoid/ where upon variance and unquietness may ensue/ not only in those cases/ but also in other like/ and a like law is in the title of oaths in the second book: that beginneth thus/ We determine by this present statute. etc. Whereby it is decreed/ that the bishop shall receive an Oath of him that is presented/ that he hath neither promised nor given aught for that presentation unto the presenter/ neither made any compaction with him for it/ specially if he that is presented seem likely to be suspected there of/ and there upon it followeth/ that if such an inconbent refuse to be sworn Wherefore the ordinary for his disobedience refuseth him: That a Quare impendit lieth against the ordinary by the Kings laws/ and he shallbe compelled to admit him: But than will the bishop for his disobedience pretend to deprive him again/ & grudges/ suetes/ and variances may increase/ and the cause of all this hath resyn by reason that the bishops when they saw cause reasonable (as they thought) to have laws made in the case before rehearsed would not complain to the parliament to have it reform there but would make laws themselves/ which they had none authority to make/ and if they had complained to the parliament/ and the parliament would not look upon the matters/ than were the ordinaries the more to be excused: for that they did that in them was/ and therefore as me seemeth the parliament did well if they would make like laws in the cases before rehearsed/ and in other like/ where the clergy have made laws upon a reasonable consideration/ where they had none authority so to do. And than the laws should stand in good strength in the laws of the realm against the offender/ as they do now in the spiritual law/ and if it be thought that no profit can come of the making thereof/ than it will be better to repel them/ than to suffer them continue any longer.   

The fourth chapter.  
THere is a Constytutyon in the title of oaths in the second book/ which beginneth: Euenir et infra. etc. Where by it is decreed that when prelate's and ecclesiastycal judges inquire of the defautis and excesses; of their subjects that deserve punishment that the lay shall be compelled (if need require) by sentence of excommunication to give an oath to say the truth/ and that if any with stand or let the oath to be given/ that he shallbe bridled with the sentence of excommunication and interdiction/ and this constitutyon standeth not with conscience/ for it excepteth not that there shall be any monition given before according to the gospel/ & over that there be many things that a lay man may know/ which he may not with conscience utter to none other/ neither after monition nor before/ and yet by this constitution he shall be enforced thereto or be a cursed/ & put himself in jeopardy to be taken as to the world/ as a man a cursed/ and yet be not a cursed before god/ and the constitution is not/ that it shall be disclosed secretly to the prelate/ as it may be sometime if the denouncer think the prelate secret and charitable/ but it must be done in the court/ so that process shallbe made upon it/ and that may do great hurt/ for according to the minds of many doctors/ some per sons refrain to offend for fear of infamy/ which if they perceive themself openly fallen in to it/ will fall to sine/ all fear set a part. And over that it may be/ that none knoweth the matter but he only/ & than his saying is no sufficient proof/ & to compel him to swear where his oath shall do no good/ but happily turn himself to trouble/ seemeth not reasonable. And over that/ the oath that is appointed to be taken by the said constitution/ is nothing like to the oaths that men be compelled to take at the comen law/ to inquire upon transgressors/ for they inquire commonly upon murders/ felonyes'/ trespasses of lands and goods/ comen nuisances/ or other things as be against the peace/ and to the hurt of the comen wealth/ & that require also the judgement of death/ restitution to the parties/ avoiding to the comen nuisances or such other as justice requireth to be done/ and that can not be helped by no monition made after the offence: And also such enqueryes at the comen law have been always used by a general custom of the realm/ for the maintenance of justice and of the comen wealth. But this oath was brought up by the clergy without assent of the king or of the people/ and where unto they could not compel any man before: and if any man will say that this motion may do hurt/ as to avoid corrections/ and give boldness to them that be evil to offend/ to that I will say thus. I will not deny but that chartable corrrcetions be right expedient/ specially where there is doubt of recydivatyon & falling again to sin/ but surely I have not herd but that offenders in time passed/ by one means or other (I know not readily how) have been suffered to sit still without correction/ not withstanding all the oaths that have been made in spunall courts in time past.   

The fifth chapter  
THere is a constitution in the first book in the title of the Archepreest/ that beginneth. Ignorantia sacerdotum et infra. Wherein among other things the ten commandments be recited/ and it appeareth therein/ that the first commandment of the second table/ is to honour our father and mother temporally and spiritually/ and it is said after in the same place/ that in this commandment is not understand only the father and mother carnal and temporal/ but also spiritual: So that the father spiritual is the prelate of the church/ mediate or immdyeate/ and the spiritual mother is the church/ whose sons be all & every catholic person & persons/ by which constitution/ some spiritual men have pretended in time past that every man is as much bound to honour his spiritual father/ whereby they understand his prelate and his spiritual mother/ whereby they understand the church/ that is to say priests/ as they be to honour their father and mother carnal/ and that if need require/ they be bound to relieve them temporally/ as their own father and mother/ And that is moche like to the error of the Pharisyes which taught the people/ that if they would offer to the Temple/ it should discharge them of their duty to their father and mother/ as appeareth. Luc. xv. It is also a great oversight/ that the clergy calleth the church the spiritual mother to every catholic person/ meaning only by that word church/ priests: for all catholic people make the church/ which is the spiritual mother/ so that priests be but only a part of it: How be it that they be in deed a right notable part thereof/ but to call themself the hole church it seemeth a great oversight/ and that they have do so/ it appeareth in many writings/ as when it is said: that such a thing or such/ is against the liberty of the church/ the meaning is/ that it is only against the liberty of the clergy/ and so it is where it is said: that all they that wrongfully withhold any thing from the church be accursed/ & that manner of writing is found in many places of the constitutions and other writings also: insomuch that in the very statutis of the realm that term church, is sometime used for the clergy/ as in the statute of Magna carta: the first chapter. Where it is said/ that the church of England shall have all her old liberties/ whereby is meant no other/ but that the clergy of England shalt have their liberty/ And it is not to think but that though words were/ put in to the statute by the special calling on of the clergy/ And this manner writing causeth some of the clergy of England to exalt themself far above lay men/ because they think that they only be taken as the church/ wherefore it seemeth it is expedient for bringing in of meekness to some spiritual men/ that/ that term church be not from hens forth used only for the clergy/ but that there as it hath been used to be said: It is against the liberty of the church/ to say here after that it is against the liberty of the clergy or of priests/ & that they that withhold the duty of the clergy do offend against the clergy & not generally to say that they offend against the church/ in which word be comprised all christian people.   

The sixth chapter.  
IT is a right troublous thing to the people/ to have two powers within the realm/ whereby they may be sued for one thing in several courts and by several authorities/ and great expenses and unquietness to the people have ensued thereby in many places/ & one great hurt in that behalf may lightly rise by reason of a constitution that is in the second book/ in the title of judgements. And it beginneth. Item omnes illi et infra. Whereby among other things/ which I pass over for shortness. It is decreed/ that the vyolatours and disturbours of the immunity and lybettyes of the church. That is to say/ that all such secular persons as at any time here after shall presume to withdraw any thing out of the houses or other places of archbishop's bishops/ or any other ecclesiastical persons against the will of the lords or of them that be deputed keepers of the same/ may be convented in the place where such trespass is done: Although they can not be there found/ and a special process is ordained in the same constitution/ against them that can not be found: and it is decreed further/ that all the ordinaries and judges of the province of Canterbury shall in such case help the one an other without any dyficultye in speeding of citations and executyons of the same/ and all other lawful commandments in that behalf. And though the said constitution seem to mean non other wise/ but that the offenders against the liberty of the church/ and that wrongfully take away the goods of the church shall only be sued: yet it may be that by occasion of an untrue surmise/ he that is innocent and no offender may be grievously vexed and troubled upon it/ as if a spiritual man take away wrongfully the goods of a lay man and bring them within the lands or possessions of the church/ and after the lay man findeth them there/ and taketh them again/ as it is lawful for him to do/ yet it may be surmised that he offended the said constitution/ so that the ꝓces shall go forth as straightly against him/ as it should do against him that were a very offender/ and there is a legantine of Octobon/ that beginneth. For the safeguard etc. that is moche of the same effect as the said constitution is: For it is/ that if a man violently or enviously carry away other men's goods/ which arlayed up in holy place/ or shall help/ counsel/ or consent thereto/ shallbe wrappeth in the deed doing in the bands of excommunication: from the which he shall in no wise be assoiled/ but he first make satisfaction to the church which he hath so greatly injuried: And also to him that hath suffered loss and damage. And that if such an excommunicate person monished by his diocesan do not satisfy within the time by him appointed/ his lands shall be enterdit/ which shall not be released before due satisfaction. And it is certain/ that the party may also be sued in the kings court/ which may be great vexation unto him And though the law of the realm be/ that if any such suit be taken in the spiritual court for any temporal thing/ that as well the judge as the party run thereby into the praemunire. Yet for as much as some poor man may be sued there: that is not able to sue a pmmunire/ it seemeth more reasonable/ clearly to break the said constitution and legantyne/ than to suffer them to stand any longer/ for as long as they shall be suffered to stand/ some spiritual men may haply think/ that the spiritual jurisdiction is greatly wronged/ in that they may not be executed. And over that/ some men think the said constitution to be more partial and the less indifferent/ because that all the process thereof is made against secular persons. For though spiritual men offend in the same degree of offence/ as the secular man doth yet the constitution giveth no such special process against him. And also if a man take goods wrongfully fro a poor man/ the offence is most commonly greater against god/ than if he took them from any of the clergy/ and yet no remedy is provided for the poor man. But the clergy is in such laws highly regarded/ and that in such a singular and partial manner/ that many of the temporalty think/ that they force but little/ how poor lay men be handled ne what wrong they have/ so that they have none themself,   

¶ The seventh chapter.  
Many laws and decrees have been made/ afferminge that it is not lawful that any priest should be put to answer before lay men. And great censures of excommunicatyons be made against them that do it. And according to the said decrees/ there is a constitution in the second book/ in the title of a competent court: and it begynueth. It happeneth some tyme. etc. Where it is recited/ that clerks/ although they be not taken in the deed doing/ or convicted as evil doers/ or suspected of crime or trespass/ or wrong doing to any man. Be nevertheless taken by the lay power/ without any regard of persons/ & be laid in prison. And if they can not be found/ that than they be banished the realm/ wherbi is meant/ that they be outlawed. And it is said there that therein the liberty of the church is confounded & broken/ when a clerk is judged of a lay judge/ and it is therefore decreed/ that if the clerkis that be so taken be known & be honest/ that than as well the takers as the withholders of them shallbe declared exconitate/ and the lands of the takers and retainers of them to be enterdit till they be delivered/ and convenient satisfaction and amends made/ but it is here to be noted/ that the constitution considereth not/ that it is as law full for judges to here the complaint against them that be innocent/ as against them that be guilty/ till the matter be tried. And therefore if the complaint be made of such matters as they ought not for to be delivered to their ordinaries in/ if they were guilty/ than the ordinaries may not complain/ though they be not delivered where they be not guilty till the matter be tried/ for it is not yet known whether they be guilty or not. And also/ if it be in case that they ought to have privilege and be delivered/ yet if they be asked of officers that have no power to deliver them/ there is no cause why such officers that so deteygne them/ should be excommunicate/ or their lands interdicted. And therefore it seemeth/ that constytutyon far unreasonable in that point. And that clerks ought not to be put to answer before lay men/ I never saw any authority thereof/ but laws of their own making which be therein of no strength for them in this realm/ except certain liberties that they have in that behalf/ by the king & his progenitors/ & by the laws and customs of the Realm/ which be right great & much favourable unto them/ it they be well looked on. And if they will needs claim such liberties by other ways/ than by the king and his laws/ that they have them of: they deserve the less to have than any longer. Than the saide constitution saith farther in the later end/ That if clerks restored to the church/ be amerced by the secular judge/ for any personal transgression/ the prelate's shall not compel the said clerks to pay the same amerciament saying they were not condemned by their own judges. And surely there is no cause/ why a clerk for a personal transgression should not be compelled to pay the amercyament/ and that by the kings judges as well as any lay man should/ without speaking any thing to the prelate's in it: but yet as long as such laws stand unrepelled: it will be thought by many of the clergy that it is not so/ & that the liberty of the church is greatly offended by it.   

The eight chapter.  
THere is a Constitution in the second book in the title of a competent court/ that beginneth/ Circumspect agatis et infra/ wherein be divers articles which be put in manner word for word among the statutes of this realm/ which the lerners of the law of this Realm have commonly among them/ and there is set as for a title of the said Constitution these words following. Certain things taken out of the kings answers. etc. which nevertheless as I suppose were never taken out of the kings answers/ for they be in some points clearly against the laws of this realm/ as it is in that there is recited therm that prelate's/ for fornication adultery/ or such other/ enjoin sometime corporal punishment/ some time pecunarye/ but I never heard that prelate's have authority to enjoin pain pecunarie for adultery/ fornication/ or such other. And also in the said constitution it is said/ that if the prelate or advocate of any church ask of the person any pension due to him/ that all such pensions ought to be asked in the spiritual court/ and maketh no exception of no manner of pension/ & the law of the realm is clear/ that Annuyteis and pensions that begin by composition or agreement of the parties/ and also by prescription: belong to the kings court/ and therefore many have said/ that the said treatise of Circumspect agatis is no statute/ but that it was so named to be by the prelate's/ and so it is said that it was in the xix year of king Edward the third in a writ of Annuity/ and if it be so/ than is it but only a bare constitution/ And than it is to the two poyntis afore rehearsed clearly void/ because it is therein directly against the kings laws & his prerogative/ & was also made without his assent or any of his ꝓgenitours.   

The ninth chapter.  
THere is a constitution in the third book among the constitutions De Clericis non residentibus that beginneth Audistis et infra wherein it appeareth that when a priest taketh two benefices with cure of soul without a plurality/ that some laws spiritual have judged both to be void/ and some have holden the last to be void/ as the legatyne of Octobon doth: And than the said constitution decreeth that he shallbe content with the last benyfyce so obtained. But all those laws/ as it should seem by the said constitution/ are to be understand only of such benefices/ as any parson had at that time without plurality. And therefore the same constitution goeth farther/ and decreeth that who so ever henceforth receive many benefices: all having cure of souls/ or otherwise uncompatyble/ without the pope's dispensatyon/ or get them by way of institution or commendam/ or of custody/ otherwise than the constytution of Gregory made in the counsel of Lions doth permit: the same in so doing to be deprived from all benefices that he hath so obtained. And than as I take it/ the law of this Realm is/ that all benefices so obtained with out plurality/ be clearly void with out any deprivation: For there be in the laws of England/ five causes of a voydaunce of a benefice. That is to say: Resygnation/ death/ deprivation / creation/ & cessyon, And Creation is/ where a man that hath divers benefices is made a bishop: for than all his benifeces by that creation be forchwith void. And where a man taketh two benifyces/ without pluralytie they be void also. And that is called Cessyon. And if there must be thereupon a deprivation before they be void/ than is the deprivation the cause of the voydaunce & not the Cessyon. And than there should be but four causes of a voydaunce/ howbeit I will not determynatly speak in that matter/ for they that be learned in the laws of that realm can best determine whether it be so or not. And if the law of the realm be therein as I have said/ than can it not be changed by no constitution And than if the law be as I have said before/ it followeth thereupon also/ that if a man take two benifyces without a pluralytie/ that both be forthwith void. But if he than take the third/ that is not void For the two first were none of his/ when he took the third: But if he after take the fourth/ than are the third and the fonrth void also.   

¶ The tenth chapiter.  
THe law of the Realm is that when a benefice falleth void/ and the patron presenteth an able & a meet clerk to the ordinary/ that the ordinary is bound upon the pain of a Quare impedit/ and to be taken as a dysturber/ to admit that clerk so presented/ in as convenient time as he may/ with out any notable delay. And yet it is decreed by a constitution/ that is in the third book/ in the title of clerks that be non resydent. And it beginneth: Cum secundum apostolum et infra. That the bishop in no means shall defer above two months to admit him that is presented/ whereby it appeareth that the meaning of the constitution is/ that he should have power so long to delay the prsentement/ if he will/ and that is directly against the law of the realm: for he is bound to present such an encombent in as convenient time as he can all notable delays set apart as is aforesaid.   

¶ The elevynth chapter  
IF a bishop/ abbot/ priour/ or any other spiritual man that hath temporal possessions/ will alyeu any of the said possessions/ there is an order set by the kings laws/ under what manner that Alyenation shall be made.  
And if an alyenation be made according to that order/ it shall be good & perfit for ever. And none other hath power to make any law to the contrary thereof: And yet there is a constitution made in the third book/ which is in the title of gifts of prebends/ & it beginneth: That the churches indempnyties. etc. Whereby it is decreed that no Abbot/ or prior/ no archdeacon or Deane/ ne any other inferior clerk/ pnsume to sell/ pledge or mortgage/ or to give in fee of new or any other wise to alienate the possessions or profits of dignity/ or church that is committed to them/ the form and manner of the Canons therein not observed/ and that if any dare do the contrary to this/ both the thing that is done shall be of no value/ and also he that doth it shallbe deprived by his superior/ except that he will call back again that he hath alienate withi a time prefixed by his superior/ and the said Constitution goth yet ferther & saith: And he also that herefater receiveth the church goods and after he is warned presumeth to withhold them shallbe stricken with the sword of exconication: And in no wise shall he be heeled of that wound till he have made restitution: All which laws be directly against the kings progatyf & the laws of the Realm/ wherefore it were better that they were put away/ than to be suffered to stand any longer/ as though they were of effect/ and be not so indeed.   

¶ The twelfth chapter.  
IF a woman have goods and take a husband/ all the goods that she hath at the day of Martagear her husbands. In so much that if she after that/ make a will and die/ that will after the laws of the realm is clearly void. And if she ask licence of her husband to make a will/ and he will none give/ he offendeth not. But if a woman have goods as an executryce/ and take a husband/ those goods be not the husbands. But he shall have them to the use of the first will. And if the wife in that case/ by the licence of her husband make a will and appoint another to be her executor and die/ that will is good/ and that executor shall have those goods fro the husband. And shall have all actions as executor of executrice to execute the first will/ and also if a man be bound to a woman by an obligation in an hundredth pounds/ and after she taketh a husband/ and she by the licence of her husband maketh her husband or any other her executoure that will is good/ and he or they so made executors shall have an action upon that obligation: And if no such will had been made/ the husband ne no nother should not have had any action upon that oblygation/ unless they take a letter of administration: as administrators to the wife. And than there is a general constitution made in the third book/ in the title of Testaments. which beginneth: Calling to mind the statute. etc. Whereby all they be accursed/ that let the fire making of testaments/ of ascriptis/ and of other persons of seruyll condition. And of women also/ both married and unmarried/ or of their own wife's/ or of other men's wives. And all that constitution/ as to women covert that have no goods/ but as before appeareth/ is clearly void & against the laws of the realm. And also of villains/ the law is, that if the lord make a general seaser of the gods of his villain/ that all the vyllaynes' goods be his. And of that it followeth that the will as to though gods is void/ and that neither there cutoure nor ordinary may not waste any of though goods for proving of the testament. But if he were an executor/ or if his lord made no seaser/ than he might lawfully make a will and the will were good: But if there be such a seaser/ the will is void and of none effect: And than if the vylayn have none other goods/ the will is void and needeth no probate.   

¶ The xiii chapter.  
THere be divers good laws and Canons made which need not here to be rehearsed/ whereby it is appointed how the goods of the clergy shall be disposed in charitable uses after their death And there be but few cases where a clerk after though laws should make a will. And the law of the realm is/ that clerks may make their wills as liberally as any lay man may and that though they have them for their spiritual ministratyon. And the convocation perceiving the favour that the laws of the realm beareth to clerks in that behalf/ have ordained that bishops and other Ecclesiastical judges of the province of Cauntorburye/ shall in no wise by any craft or colour/ meddle with the goods of clerks beneficed/ which may by the custom of England make their testaments, but shall suffer that executors of their testaments/ freely to dispose and order the same. And the saide constitution is in the third book/ in the title of testaments. And beginneth:  
Ita quorundam et infra. And if the saide constitution/ and the law of the realm also in that point were reformed/ And that it were appointed/ that the goods of clerks should be charttably disposed aff their death specially such as they have by any spiritual benefice/ in such manner as should be thought convenient by parliament and convocation. It should seem to be a good charitable deed.   

¶ The xiiii chapter.  
IT apppereth so evidently in scripture/ both in the old testament and in the new that the people are bound to find to their spiritual ministers a sufficient portion of their goods to live with that it needeth not to express here any certain authority thereof/ and for a recompense of that certain portion/ it is used in this Realm in manner universally/ that the people shall pay to their spiritual ministers the tenth part of their increase/ which tenth part many spiritual ministers clay me to be due to them by the law of god. And therefore it is said in the third book/ in the title of tithes and oblatyons/ that they that pay the elevynth sheaf for the tenth/ despise the commandments of the old and new testament/ the which pretence excludeth all customs and prescriptions that might be had contrary to the tenth part. And sith it is well known/ that it hath been in late time/ & also yet is in question and in doubt: whether the tenth part be grounded upon the law of god/ or upon the law of man. It seemeth that good charity would/ that for the clering of the conscience of many men/ it should be clearly and plainly determined whether it be so or not. And if it can be proved to be a moral law of the old Testament/ or to be assigned by any authority of the New testament/ that the tenth part should be paid/ I trust no man will resist it. And if it can not be proved that the tenth part is by the law of god than of very right the old reasonable customs of paying of tithes must be observed/ as well by them that ask tithes/ as by them that pay them/ and than if any man will deny to pay his predyall tithes after the old custom/ or that any curate would eske any more than right requireth/ It seemeth reasonable that he be enforced by compulsion of laws to keep the custom. Howbeit some laws seem not reasonable of paying tithes: That is to say: that tithe should be paid of the skins of the sheep that die to the loss of the owner ne yet that the tithing of the odd lambs or calves should be set over till another year/ to the intent the curate in the second year may have a tenth lamb or calf/ that in the same year could not have had it. Also it seemeth a very sore law that servants should tithe for their wages/ or that any man should be sewed for privy teeths/ which lieth not in outward proof/ though it be rightgood to pay such privy tithes/ as conscience requireth. And yet it seemeth to be the most strange law of all the other/ that Persons/ vycars/ and parish priests/ shall upon a pain be compelled to sew for tithes/ & that they may natsyt still if they list/ and that is by a constitution in the third book that beginneth: For so much as through divers customs. etc. And all the other articles before rehearsed appear in the constitutions in the title of Tithes and oblations: Nat all in one peragraf/ but in several peragrafes/ as to the reder will appear/ and if they were reform it seemeth it were a good deed: Also to bear the people in hand that the tenth part is due to curates and spiritual ministers by the immediate law of god/ and it not so/ is a great offence for it is an affirmance of an untruth/ and many persons have been compelled thereby to pay the tenth part/ contrary to the old custom used in those parties where the curate hath had enough beside/ wherefore it seemeth better & the more chartable way for the ministers of the church to confess if the truth be so that the x part is grounded only upon the custom & law of man/ & that it began by the good assent of the people/ than to claim the twenty part to be due to them by the Immediate law of god/ and yet under that pretence a law is made in the said title of tithes & oblations/ which beginneth: All be it god hath promised. etc. Whereby it is decreed/ that tithes shallbe paid generally of wood/ & that is against a statute of this realm/ made in the xlv. year of the reign of king Edward the third/ whereby it is enacted/ that a phibition shall lie where a man is impledid for tithe of wood of the age of twenty year/ by the name of Siluacedua/ As it had done in time past/ and it seemeth not good to suffer a Constitution to stand so directly against a statute/ but it be openly declared why it ought so to do.   

The xu chapter.  
IT is a dangerous thing to fall in to the Censures of the church/ and therefore they would not be given but for great causes. And in such plain and open manner/ that every man that would with diligence take heed to it might know whether he offended in that thing that they were given for or not: but the more pity is/ the censures of the church be many times extended in such a general manner/ and in so many cases/ that no man can well know how to eschew them/ and that appeareth many times in the constitutions/ as when men be a cursed for breaking of the church's liberties/ and expnsseth not what the liberties be. And in the said title of tithes and oblations/ in the later end of the constitution/ which beginneth. Men are so blinded. etc. Is this general law made/ that all and singular/ such as work wicked inventions and deceits/ by the which the rights or the aprobate customs/ or the liberties of the church be in any thing dimynisshed/ or suffer any injury/ damage/ or grief/ contrary to the church's liberty/ shall be wrapped in the bond of the great excommunicatyon/ their absolution reserved specially to their diocesan/ the point of death only excepted. And in a constitution which is in the fifth book/ in the title Contra gravamina etc. And beginneth: Cum malum et infra. It is recited/ that all they be accursed that do maliciously presume to take away fro churches their right or through malice/ or contrary to justice do intend to break or disturb the liberties of the same/ and than there upon the makers of the said law say farther thus/ whereby say they/ we perceive all them to be tied in the danger and in the bond of excommunication/ that obtain letters fro any lay court to let or hinder the ꝓces of spiritual iugis in all such causes as by the verdict of holy Cannons be known to appertain to the judges of the spiritual court/ and the said letters are to be understand as it seemeth of the kings prohibytions. And who can have knowledge what pertaineth to the spiritual court by the Canons/ which be so many & so great in number that few can come to the knowledge of them. And these laws be so uncertain that it will be hard for any man/ to know whether he be in the danger of them or not/ And where ignorance shall excuse him that is so accursed/ and where not it is a right great doubt/ and such things as touch the people so nigh as such excomunicatyons do/ would be brought as nigh as reason could drive it in to a more clear knowledge/ than they be yet as me seemeth.   

¶ The xvi chapter  
IT is the law of this Realm/ that if a man recover his presentment. in a Quare impedit/ In the Kings court against another that claimeth the patronage.  
And a 'gainst his incumbent/ that the playntyffe shall have a writ to the bishop to admit his clerk/ whether the incumbent of the disturbour be admitted before the writ come or not: upon the pain of a Quare non amisit/ and of making of a fine to the king. And if the deffendauntes might have pleaded plenartye/ and did not/ they lost the advantage of it: and the clerk must be removed. And yet it seemeth that there is a constitution made to the contrary thereof in the third book/ and in the title of patronage/ which beginneth: When one optaineth in the kings law etc. For it is said there/ that if such a writ come to the bishop/ and the benefice be not void/ that the prelate for his excuse shall show unto the king or his justices/ that by cause such benefice is not void that he can not fulfil the kings commandment. And certain it is that/ that is no excuse in the laws of the realm. And than the said Decree: somewhat to save the title of the plaintiff/ as it thinketh/ goeth further and saith: that it shallbe leeful to the patron in that case to present the possessor again/ that by that means/ the title of the patron that hath obtained/ may be declared more plainly after: But how can the patron present the same possessor again/ if he may not be removed/ as the saide constitution pretendeth that he may not: And therefore if he should present him again/ it should be rather a confyrmatyon of his first presentment/ and a hurt to his own title/ than any furtherance of it/ for the possessor should have the benefice still by the first presentment/ and not by the presentment of the patron/ & so at the next time of avoidance/ the same dysturbour should by reason of that presentment present again. And of that it should follow also/ that if a dysturboure could find the means that his encombent should be admitted/ that he should not be removed during his life/ though the right patron recovered after in the kings court/ and that were clearly against justice/ & therefore the ordinary in that case is bound by the laws of the realm/ upon his jeopardy/ to amove the clerk of the disturbour/ as is said before: But if the church be full of the presentment of an other patron/ than of him that the Quare impedit is brought against: Or if the ordinary have presented by laps/ where he is not named in the action as a disturbour/ than he may lawfully lay though causes for his excuse/ But for the plenarty of the same encumbent/ against whom the action is brought he can make no excuse/ and there is another decree in the third book of like effect/ as the said first decree is: & it beginneth: Esurientes avaricie etc. Wherein there be some things directly against the writs of Quare impedit/ & quare non admisit/ as to the reder will appear. And it seemeth that it is not good/ that such laws should be suffered to stand that be so directly against the laws of the Realm/ seeing that it pertaineth to the king and his laws to order the right of all presentments with in this Realm.   

The xvii chapter.  
IT is an old law & custom of this Realm that if a fellow or a murderer flee to a church & ask sentwary there that he shall have it/ and that than he shall remain there forty days/ and no man to be prohibit for those forty days to bring him meet & drink but aft the forty days meat and drink shall be prohibit him/ till he will yield himself to the kings laws. And he that than will bring him any meat or drink offendeth the law/ and in the mean time while he is so in sentwary: it is lawful for the to wnship where he is: to set sure watch and keeping about him that he shall not escape/ lest they should be punished against the king for the escape. And yet in a constitution provincial/ that is in the third book/ in the title of the church's liberty. And beginneth: Porro et infra. Among other things/ it is decreed/ that none shall be set to watch them that take the church or the church yard for sentwary/ and if there be/ that as well the keepers/ as they that set them there/ shall be driven away in form of law by the sentence of excommunication. And the constitution is further/ that the church shall defend them/ whom the Canons only command to be defended. And all this constitution is void because they that made it had no power to make it/ for it was made upon this pretence/ that such sentwary is granted to churches by the laws Canon/ where in deed it is granted by the kings progenitors/ and the laws of his realm/ in favour and honour of churches/ and therefore it hath appertained always to the kings laws to determine in what case a man shall have sentwary in a church & in what not/ and how he shallbe ordered when he is there/ how long he shall tarry there/ and if he will abjure how he shall be ordered when he hath abjured/ and it is daily seen that the parliament appointeth who shall have such sentwarye/ and who not/ and putteth some fro it as they think reasonable: and it hath caused great unquietness/ that the clergy claimeth such sentwary to be by their authority/ and for a good reformation it would be prohibited that they should not do so hereafter. And a like pretence the clergy maketh/ when a man is admitted to his clergy: for they pretend that/ that privilege of clergy is granted to them that can read by the laws of the Cannons. And that they be judges who shall be so admitted/ and who not. And therefore they say that the ordinary is there present by authority of the canons/ to accept such as he shall thick to read as clerks/ and to refuse them/ that he thinketh do not so. And when they be admitted to their clergy/ they say they be committed to the bishops prison as to him/ by whose favour and power they have their clergy. And nevertheless/ the truth is that they have their clergy in such cases by the king and his laws/ and his judges shall determine where a man ought to have his clergy/ & where not. For if the ordinary admit one as a clerk that is none the kings judges shall set a fine upon him/ & also shall give judgement upon the ptie/ & if the ordinary refuse one that the judges think readeth as a clerk they shall allow him as a clerk & also set a fine upon the ordinary for his refusing/ and at every general jail delivery/ the ordinary upon a pain of a fine to be set upon him by the kings judges is bound to be thereto give his attendance without any warning/ & at a special jail delynery with a warning. & when he is in the bishops prison/ the bishop is bound to keep him safe/ & not to suffer him ot make any purgation/ but according to the kings laws/ & if he do/ he shall be punies shed for the escape. And if the king pardon him/ that is so in the bishops prison/ the bishop is bound to deliver him upon the kings pardon/ whethy it appeareth sufficiently/ that he is there by the kiges' power & authority. And yet many spunall men pretend the contrary/ And therefore if the matter and other like were set in a clear way it should cause great quietness/ and though they that have their clergy have it by the kings laws/ as is afore said/ and not by the law Canon/ yet are the ordinaries bound in consciens to keep them that be so committed to them for their clergy/ as favourably as they ought to do if they were brought thither by their own authority.   

¶ The xviii chapter.  
IT is an old law in this realm/ that when bishops die/ the king shall have the temporaltes during the vacation/ & many statutes be made how the same temporalties shallbe saved fro waist and destruction during the vacation/ and that the kings escheators shall not sell the underwodes/ ne shall not hunt in their ꝑkes or warens/ nor fish in their fisshyngꝭ nor do any waist/ to the piudyce of the houses or of the dean & the chapter/ Prior or supprior/ and that the Prior & supprior may take it to farm if they will. And for as much as in the time of such vacations of Bysshopprykes/ and of abbeys and Priories/ when they be not taken to farm. Hurt hath come sometime to the said possessions by the default of the kings officers/ where upon the new elects might have good remedy by the law of the realm if they would/ yet the spirttualtye as it seemeth/ not contented so to do/ but pretending that by laws made by themself/ they would have sufficient remedy without ask any aid of the king/ have made a law in that case as it appeareth in the third book in the title of churches liberties/ in the chapter which beginneth. Where the king. etc. which chapter shall be rehearsed hereafter word for word/ that every man may see theffect thereof. And it beginneth thus: When the king hath the custody of Cathedral or Conuentual churches/ although according to the charter of liberties granted to the church by the king and his predecessors/ he aught to receive only certain profits and certain services and that without the distreyninge of men/ and destruceyon of things. It chanceth nevertheless that his bailiffs through imoderate tallages & exactions/ do both violently take away the churches tenants goods in time of vacation/ and also destroy the parks/ woods/ store poles/ houses/ and scattereth the goods abroad they evil entreat the poor & stretch their hands not only to those thing; which they were wont to obtain by reason of custody: But also unto the goods of them that remain in life/ that is to wit/ to that blade and store & such other/ wherewith the chapter and covent aught to be sustained: Yea/ and presume to take other things like wise/ which by reason of barony/ can in no wise apptayne unto him: As tithes & oblations belonging/ and apperteynig to churches appropriate unto bysshoprik is & monasteries and other like things. Therefore to withstand this evil 〈◊〉 we ordain/ that as soon as the kings escheters & bailiffs shall have entered such custody/ the prelate is which have jurisdiction/ shall openly & solemnly forbid all the said bailiff is generally/ that under pain of ercomunication they attempt no such thing; But if they do contrary/ let it be openly declared/ that they be fallen in to the sentence of excontcation decreed against the violatours & troublers of the churches liberties until they have made a competent amends/ for the hurts & injuries. which sentence if they despise after such denuncyation. Let process be made against them by interdictions and other penalties ordained against such wrong doers/ and except the king admonished thereof make competent restitution/ or cause the things so taken to be restored and amended. Let process be made against him/ as it is decreed in other cases touching the king/ and the self same things which are before decreed for the king and his ministers we will to be observed in other inferior lords/ if peradventure/ the custody come to them. Thus far goth the saide constitution/ whereby it appeareth/ that though the parties grieved might in such case have good remedy by way of petition to the king or against his bailiffs by the order of his laws: that yet the clergy not content with those remedies have taken upon them to make the saide constitution to declare that such officers be not only fallen in to the sentence of excommunication decreed against the vyolatours of the church's liberties/ but also that if they make not a competent amends that process shallbe made against them by interdiction/ and yet not content with such extreme laws against officers/ they proceed farther/ and decree/ that if the king himself monished make not competent restitution/ that than process shallbe made against him/ as is decreed in other cases touching the king/ and what an enterprise that is to make process against the king/ that ought first to sew to him by petition it is apparent/ and though the said law will that the king should be first monished/ yet that monition can not be taken for any suit by petition/ but rather for a suit by compulsion/ and surely sith there be sufficient laws ordained by parliament for a remedy in such case/ it seemeth some what to be meruecyled why the clergy would also make this constitution/ as though their possessions had nothing be favoured by the king nor his Realm/ and the laws that be made for the preservation of such temporaltes in the time of vacation without waist or destruction be these. first in the statute of Magna carta the .v. chapter: It is ordained that the garden as long as he hath the custody/ shall sustain Houses/ parks/ waters/ & mildames. etc. pertaining to the land of the issues of the same/ & shall yield them to the heir at his full age/ enstored with ploughs/ and all other things at the least as he received them/ and it is farther enacted/ that all these things shallbe observed also/ of the vacations of archbishops/ bishops/ abbathyes/ prories/ churchis/ & dignities that to the king belong/ except only that those dignities may not be sold and that statute of Magna carta is confirmed by the statute of Westm̄ prim the xxi chapter. And after in the xiiii year of King Edward the third/ the four and .v. chapter. It is provided that no exchetour nor none other keeper of the vacations of the temporalties/ shall not sell the underwod/ nor hunt in the parks/ warennes/ nor fish/ ne do waist nor destruction to the piudyce of the houses And that the deans & the chapters or superior priors/ or suppriours may take them to farm if they will/ so that the escheator shall not meddle. And this statute was made at the especial desire of the clergy/ wherewith at that time they were very well content. And upon these statutes actions may be taken/ if they that be grieved list to complain. And what needeth it than to make this constitution/ as though no remedy had been provided for them before: And to say the truth/ I have herd of none that hath had cause notably to complain in the behalf/ howbeit I speak not this to th'intent I would have it appear the default in makige of this constitution & such other to be in the prelate's that now be/ as though they would process should be made against the kige/ for they were not privy to the making of the said constitution. And therefore if they will assent to the reforming thereof/ there can no default be assigned in them.   

¶ The xix chapter.  
IF a man be excommenged/ and he will not submit himself to the judge/ ne desire absolution but will obstinately stand still so accursed/ the spiritual jurisdiction hath no power to do any thing further against him. But if the party thereupon stand still accursed forty days/ and the bishop certify the king thereof/ than the custom of the realm is in favour of the spiritual jurisdiccyon/ that the king shall award a writ out of his chancery/ which is called a writ De exconicato capiendo/ which shallbe directed to the sheriff where the party is/ whereby the sheriff shall be commanded to justify him by his body/ till he have made amends to holy church. etc. And when he is so in prison. If he by his frent●es offer to the bishop sufficient caution or gage/ to stand to the commandment of the church/ and obey the law. And he refuse to take it/ than the law and custom of the realm is/ that the king shall send to the sheriff another writ/ which is called a writ De cautione admittenda commanding him thereby to advertise the bishop to take the caution. And if he refuse to take itꝭ than to deliver the party out of prison/ whereupon as it appeareth in the third book/ in the title of the church's liberty/ in a Constitution that beginneth  
Seculi principes. etc., The clergy complaineth greatly/ for that the 〈◊〉 in that case shallbe so delivered/ no satisfaction made neither to the church nor to the party and they complain as though the ecclesiastical office were thereby confounded and made vain/ while the lay judges that have not the key of power & knowledge/ which lay men are so straightly bound to follow and obey/ that the authority of examination judging and commanding is utterly foreboden them in all such things as appertaineth to the spiritual jurisdiction/ and yet go they about as the said constitution saith: To cut down another man's corn. Where upon it is to be noted that the lay judges of whom the Constitution speaketh in this place are to be understand the king himself or his chancellor/ for there is non other judge in this case that medeleth with the matter/ and if the clergy would that the king should not have authority to examine/ judge and command in this case/ than their jurisdiction could go no ferther/ and therefore that the king doth in taking of such an excomunicat person/ he doth it at the desire of the bishop/ and when he delivereth him again according to the custom of his Realm/ because the bishop refuseth a reasonable caution/ he hath nothing hurt the spiritual jurisdiction/ ne taketh upon him the keys of the power or knowledge that appteyneth to it? he yet he goth not about to cut down any other man's corn/ for when the party is so let out of prison for the refusing of the said caution/ he is yet accursed still as he was before & so shall he stand/ till he so demean himself that he may obtain his absolution. But if the king pretended that by that delivery the party should be also discharged of his excommunication. Than might the clergy somewhat more reasonable compliane that the King medeled with the keys of power and knowledge/ and that he cut down another man's corn. Butte as this case is they have no cause so to complain for all that he doth in this matter concerning their jurisdiction/ is either to do them good/ or else no hurt. And so it appeareth/ that they complain without a cause/ & yet the complaint is handled under such a fashion that it might make some that should hap to read it/ think that the spiritual jurisdiccyon were therein grievously offended. And yet/ when the matter is thoroughly looked upon/ it appeareth that it is not so. Also in the same constitution/ a little before the clause that is remembered before/ the same constitution saith thus: And some time when a surmise is made to the king/ that the saide parties imprisoned be excommunicated for such causes as appertaineth not to the spiritual court/ that than have the sheriffs in commandment/ that if he be excomunicate and imprisoned for such cause and none other/ to cause the bishops to deliver them shortly/ and no credence or faith/ saith the saide constitution is given to the process of the spiritual judges upon such cause of excommunications/ and upon those words/ it is to be noted/ that the said constitution in the clause mistaketh the law of the realm very far/ for the law is/ that such an excomunicate person shall never be put in to the bishops prison/ but in to the sheriffs prison/ and than to have a commandment to the sheriff/ that he shall cause the bishop to deliver him out it standeth natte with reason/ for they can not deliver him out of prison that they have not the keeping of/ and as they mistake the law of the Realm in that point/ so they do in many other in the said constitutions/ as it will appear if they be well & thoroughly looked upon/ and it is somewhat to be marveled/ that the constitution saith/ that no credence nor faith is given to the process of the spiritual judges/ upon such causes of excomunicatyon: for upon their process and certifycat the party is arrested/ and than if it appear after by the process/ that the party is imprisoned for such cause as appertaineth natte to the spiritual court/ than doth the king well/ if he command the sheriff to deliver him out of prison/ and he is also of justice bound to do it. And over that/ if a man were excommunicate for that thing that appertaineth not to the spiritual court/ and after such a process were showed/ whereby it should appear/ that the matter should apparteyn to the spiritual court/ and the party will aver the contrary: what credence should be given to the spiritual process in that behalf. I will not take upon me to determine but commit it to other/ how be it it should seem reasonable that the party should have averment against it. And after in another constitution/ that is in the fifth book/ in the title of the sentence of excomunicatyon/ & beginneth: Furthermore it happeneth sometime. etc. Among other things that be much like to the constitution before rehearsed/ it is decreed that if the writ of Excomunicato capiendo be required/ and in especial where it ought to be awarded by the laudable custom of the realm/ and it be not granted/ that the king must be warned by the prelate/ that it may please him to grant the said writ/ which if he will not do all his cities/ castles/ boroughs & villages which he hath within that diocese shallbe enterdicted/ & so an interdiction is deryvyed against him by occasion of the favour that his own laws/ & the custom of his realm hath given unto the clergy. And I think verily/ that if the rulers would take the pain to look upon the said Constitutions/ they would not suffer them to stand unreformed/ for great charges and expenses be like to follow upon excommunications/ as long as they shall be suffered to stand in effect.   

The twenty chapter.  
IF a Parson or a vicar suffer their houses to be in decay/ & die: It is reasonable that his executors should repair them/ if they have goods sufficient to do it/ but yet it seemeth that the spiritual jurisdiction hath no power to compel the executors to make the reparations/ for it is a thing concerning waste/ that is temporal/ and pertaineth merely to the kings court/ and the judgement of it concerneth the payment of money by the executors/ which the spiritual court hath no power to enjoin the executor to. And if they do/ they run thereby in to the praemunire/ & therefore it were better that a remedy were provided in such case by parliament/ than that so great danger should hang upon the prelate's/ and also upon the parties that should sue according to the constitutions made in that behalf/ whereof one is in the third book/ in the title of building of churches. And beginneth If the person of any church. etc. And the other is in the same title/ and beginneth: We ordain that no inquisition. etc.   

¶ The xxi chapter.  
IT is recited in a constitution/ that is in the third book/ in the title of churches liberties/ and beginneth thus: For as much as the lay be forbode. etc. That lay men be forbode/ as well by the laws of god as of man/ to order and dispose the church goods: by the which term churches goods/ spiritual men understand/ as well lands and tenements/ as chatels personels. And I suppose/ that there is no law of god that doth prohibit lay men to dispose and determine the right of lands and goods of the church: but that it most properly appertaineth to them/ and not to the clergy. And that seemeth to appear. Luc. xii. When our lord refused to deny the inheritance bytwexte the two brethren. And it is to suppose/ that as he refused to meddle with the judgement of such temporal matters himself/ that he would his appostels and disciples/ to whom the clergy be successors should do the same. And as it seemeth he would also that the Emperor that time being/ and his laws should do it and not he. Than the same constitution goeth further/ and findeth a default at parishians/ that take trees growing in churchyeardes some time to their own uses/ and sometime to the use of the churches. And it bindeth all such doers in the sentence of excomunicatyon/ comprehended in a legatyne of Octobon/ & in a constitution made by the counsel of Oxford/ against the vyolatour of the churchis liberty. And it decreeth further/ that they shallbe put from the company of the faithful/ to their confusion & shame/ till they offer & make an effectual amends. And this is a right sore and an extreme law: for as I take it the trees in the churchyard ought to stand still for the defence of the church/ and of the chancel as long as they may stand/ with out they be felled by the assent/ as well of the parson or Vicar/ as of the parish/ and if the Parson or Vicar agree that the parisshens shall fallen them to the reparations of the church/ I think they do right well: And if the parisshens agree that the Parson or Vicar shall have them to the reparations of the chancel/ I think that they do well also/ but if a tree in the churchyard fall down by tempest/ or otherwise/ who than shall have the tree it is more doubt/ for thereupon it is to see in whom the freehold of the churchyard is: How be it the grass hath alway by a general custom pertained to the Parson or Vicar/ and I will no ferther speak in that matter at this time/ but that I think verily there is no case reasonable/ why so hard and extreme a Constitution even to their confusion and shame that take such treis' should be made against the parisshens in that case/ though they take the trees without assent of the parson or vicar/ specially if they take them to the use of the church.   

¶ The xxii chapter.  
Few men may do more good than a good preacher may. and few men may do more hurt than an evil preacher may. And there be many laws Canon/ and also constitutions provincial made who shall have authority to preach/ and who not/ which to eschew tediousness to the readers/ I will omit for this time/ excepce only a constitution provincial/ that is in the fifth book/ in the title of Heretics/ and Secsmarykes. And it beginneth.  
Reverendissime sinado et infra, Whereby it is decreed/ that no secular or regular not authorized by the law or other wise specially privileged to preach the word of god/ shall take upon him the office or use of preaching except he first present himself to the diocesan/ and be found apt and meet/ and be than sent to preach by him/ and that they which affirm themself to have special privilege/ shall really exhibyt and show their privilege to the parson or vicar. etc. And they that pretend to be sent by the diocesan/ shall in likewise show the letter of the Diocesan under his great seal: And than the said constitution goth further & saith thus. The perpetual Curate/ we understand to be sent by the law/ to the place and people of his own cure. Natwithstanding/ if it happen any such to be suspended fro such preaching by the diocesan/ or by any other superior for errors or heresies/ which is pretended that he hath preached affirmed/ or thought: than may he in no wise meddle with preaching in our diocese/ until he have purged himself of that default at the just arbyterment of him that did suspend him/ and that he be lawfully restored again unto preaching of which his restitution he shall have letters and carry them with him in all places where he shall afterward preach/ and shall really exhibit the same in manner and form aforesaid. Thus far is of the said constitution: & as me seemeth it is no reasonable cause/ to prohibit any man/ specially a curate that hath been admitted to preach: that he shall not preach for errors or heresies/ which is pretended that he hath preached/ affirmed/ or taught: for it may be pretended that a man hath affirmed preached & also taught heresies/ & that yet it is not so in deed: for every pntence is not always true & if there be no such heresy preached nor taught than there is no default whereof he ought to purge himself. Than the saide constitution goth yet further/ and saith: That if any preacher despise this wholesome statute/ and do preach on his own heed again: saying obstinately in word ordede/ declaring that the saide sentence of excomunicatyon may not be decreed and commanded in the church in the persons of their prelate's/ if they will not therefore abjure/ they shall be taken for heretics/ & they: goods to be forfeit by the law. & furthermore it is decreed/ that the clergy or people shall admit none to preach/ except they first make a proof of their auctorising: And if they do otherwise/ the place where the preaching is/ shall be under church enterditing in the doing. These be very straight laws. And they prohibit such persons to preach: as peradventure would preach well and catholycally/ and that would happily touch somewhat concerning the Ordinaries or their iurisdictyons'/ which they would not gladly have spoken of. And therefore I hold it a very necessary thing for the rulers to look well upon this matter/ to see it set in such order/ that nothing be done against the law of god therein. And I suppose verily/ that the rulers be bound in conscience to do it/ and in that the constitution decreeth/ that their goods shall be forfeit/ that is a void decree: for they had none authority to decree upon any goods. and the forfyture of the goods/ for heresy is ordered by the statute made in the second year of king Henry the fifth.   

¶ The xxiii chapter.  
IT is decreed in the saide fifth book/ in the title of heretykis and schismatics/ in the constitution that beginneth. None may presume. etc. That none shall dispute openly or privily of the articles determined by the church/ as they be contained in the decrees Decretals and constitutions provincial or Sinodals/ except it be done to have the true understanding of them. Ne may call in to doubt/ the authority of the same decrees Decretals/ and constitutions provyncial or the power of the making of them And specially concernyge the adoration of the glorious cross/ worshipping of saints Images or pilgrimages making/ unto their places and relics: or against oaths to be made after the used manner in causes accustomed in both courts/ that that is in the spiritual court and temporal: but that thensforth all shall teach commonly and preach/ that the cross and Images of the crucifix and other Images of saints ought to be worshipped in the memory and honour of them/ whom they figure and represent. etc. And here it is to be noted/ that the reasoning and disputing of the articles of the faith be not only prohibit/ but the disputing of the Articles/ determined by the church/ as they be contained in the decrees decretals and constitutions provincial or Synodals/ & prohibiteth not expressly the reasoning of the articles of the faith/ Howbeit in that the constitution excepteth/ that a man may reason such things to have the true understanding of them it seemeth very reasonable: but that a man may not call in to doubt the authority of the same decrees decretals or constitutions/ or the power of making of them. I see not how it standeth with reason or any manner of indyfferencye/ that that should be prohibit: for there be undoubtedly many of them that the makers had no authority to make/ and that be also directly against the king and his prerogative/ and no cause why they should be so/ whereof some be remembered in divers of these chapters. And I suppose verily/ that the most part of all the clergy would confess themself that it is so/ if they were examined upon it. And as to the said article/ that Images should be worshipped. I can not perceive how it should stand with the laws of god/ that the Image self should be worshipped/ howbeit the authorities that cause me to say so I will not touch at this tyme. And I think farther that it were right expedient/ that children when they come to the years of discretion/ should be diligently admonisshed/ that they shall not esteem images in such manner as they did in their childhod. And furthermore to say that he that affirmeth or teacheth that oaths to be made upon the holy gospels/ incases in the law expressed/ may not lawfully be given in both courts of all that have interest to give them/ shall run in to the pains of heresy: as it is decreed there in the said constitution that he should do/ me seemeth it can not stand with the order of justice/ for though his saying therein be untrue/ yet it is no heresy: for it is not prohibit by the law of god to say it. And upon this point/ that is to say/ that the clergy hath made things heresy/ that be none by the law of god/ and that they have put them in execution/ have risen great grudges against the clergy. And therefore if the clergy would decree that if a man would obstinately say/ that no man ought to be tenant by the courtesy in this realm/ though his wife were seized in fee during the spousayls/ and though they had issue or that the inheritance in this realm ought not to descend to the eldest son should therefore be taken as an heretic/ yet were he no heretic in deed/ though he said untruly/ for every error is not heresy. And so in this case/ though a man said untruly/ that none ought to swear/ neither in the spiritual court nor temporal yet were he no heretic. And I thick further/ that if the clergy according to the saide constitution convycted a man in the case/ or the other cases before remembered/ or any other like of heresy/ and delivered him to the lay court/ that the king might not by his laws grant forth his writ. De heretico comburendo, For as I take it/ that writ ought not to be granted but for heresy/ whereby a man falleth fro the faith and fro the truth of holy scripture. and over that/ what it should mean/ that the said constitution maketh it heresy to say that no man aught to swear in the temporal court. I can not readily tell/ but it were to the intent/ that by maintenance of oaths in temporal courts/ occasion might be the rather taken to maintain oaths in spiritual courts/ howbeit as I have somewhat touched in the fourth chapter/ some of the oaths that customably be given in the spiritual courts/ as to inquire of the defaults and excesses of the people/ are unreasonable as I have partly touched the causes in the said fourth chapter.   

¶ The xxiiii chapter.  
THere is a constitution in the fifth book/ in the title of mansleyenge/ that beginneth: It is enacted by provision. etc. whereby it is decreed thus: if patrons/ advocates/ or Feodatories/ 〈◊〉 vicelordes/ through mischievous boldness presume to slay or meyme by themself or by other/ any parson of church Vycare/ or Clerk of the same church/ that they shall utterly lose patronage/ advocation/ fee and vycelordshyp which they had in the church. And their posterity in no wise shall be received in to the college of clerks unto the fourth generation/ neither shall obtain the honour of dignity or prelacy in regular house. And this we will/ often times to be denounced in the church. Thus far goth the constitution/ which is very uncertain in itself/ in so much that it is hard to tell what was the very meaning of them that made it. And if they meant/ that as soon as a patron had slain a parson/ a Vycare or a clerk in the church/ that forthwith the patronage should be forfeit/ than they mystoke the law of the realm very far/ for such inheritance shall never be forfeit by the deed/ till judgement be given upon it. And furthermore it is no doubt/ but that of such temporal inheritance/ they had no power to make any such laws/ that it should so be forfeit. And if their meaning were/ that if he were after the slaying attainted at the common law/ that than he should forfeit the patronage: Than the constitution needed little to have been made/ for so he should have done before/ wherefore the constitution is therein every way void. And to the other point of mayminge/ it is certain that though a patron maim the parson/ Vycare/ or Clerk in a church/ that he shall not forfeit the patronage/ though he be thereof attaited/ for there is no inheritance forfeit by no such offence. And the same law that is of a patronage is of all the other things that be above specified in the saide constitution. And than that the heirs of them that do any such act shall not be received in to no dignity or prelacy of regular house/ unto the fourth generation that bindeth not in the laws of the realm: for if the patron presented the heir of them that did the deed/ & that is also within the fourth generation to a priorye presentable of his gift. And the Ordinary refused because of the saide constitution/ it is no doubt, but that a Quare impedit should lie against him/ and he should be admitted: And if the Ordinary after depreved him by reason of the said constitution/ the patron might present the same self parson again/ and so should be a great confusion betwixt the said laws/ and though such matters be not much like to come in ure: yet to see such things stand/ whereof hurt may come & no good. I think it is not good to be suffered/ for many readers may happily think it is even as the constitution speaketh/ and yet in deed it is not so.   

¶ The xxv chapter.  
THere is a constitution in the fifth beke/ & in the title of canonical purgatyon/ that beginneth Statuimus et infra whereby it is decreed that if clerkis have made their canonical purgation upon such things as was laid & obiecred against them/ & that yet nevertheless the lay power taketh their goods or with holdeth them/ that such takers & witholders shallbe compelled unto restitution of the said goods by censures of the church. And the canonical purgation that is spoken of in the said constitution/ seemeth to be the purgation of clerks convict/ that be committed to the bishops prison and there make their purgation/ and that the prelate's meant at the makige of the said constitution/ that if they did so/ that they should have their goods that they had when they were convycie. But I take the law of the realm to be/ that clerk convict shall forfeit his goods. And if it be so/ that constitution can not help it by no manner of purgation that can be made by the clergy.   

¶ The xxvi chapter.  
Prelate's have done very much in time passed to brige it about that clerkis should not be put to answer before lay men. And because clerks sometime offended in hunting in forests & parks/ whereof many times such great displeasure was taken/ that amends must needs be made. The Prelates made a law to appoint how the amends should be made in such case by their own authority/ so that there should need no suit be taken in the behalf at the kings law/ & the remedy was this: As it appeareth in the fifth book/ in the title of a clerk that is an hunter in a constitution/ which beginneth: We ordain that if any clerk. etc. That if the clerk were convicted thereof before the Ordinary or confessed it/ that than the Ordinary should make redemption thereof in his goods/ and satisfy the party grieved. And if he had no goods/ that than his bishop should grievously punish him. And surely if any Ordinary did execute the saide constitution/ and put the clerk to answer of the offence afore him/ and after made redemption of his goods according to the constitution/ he should run clearly in to the praemunire. And furthermore in case that the clerk have no goods/ ne can not be found/ he shall be outlawed at the common law/ not withstanding any punishment that the ordinaries could make upon him. And yet it seemeth that the makers of the said constitution would have prevented that outlagarie if they could. And now let every man judge what goodness can come by the said constitution/ or why it should be suffered to continue any longer/ sith it can do no good to prelate's or clerks/ ne to none other.   

¶ The xxvii chapter.  
THere is a constitution in the fifth book/ and in the title of pains/ that beginneth: Eterne sanctio voluntatis et infra. Wherein it is recited a 'mong other things/ that it oftentimes happeneth Archebisshops'/ bishops/ and other inferior prelate's to be called to secular judgement/ for such things as be known merely to appertain to their office/ and to the spiritual court: whereof I shall recite part/ and part I shall omit to eschew tediousness. First it is recited/ that if prelate's parchance have amitted or not amitted clerks to churches vacant or not vacant: or have excommunicated their subjects/ have enterdited/ have had cognition of causes spiritual/ as of bounds of parishes/ which as it is said there may in no wise pertain to the secular court/ or if they have taken examination of the defaults of their subjects as of partury/ promise breaking/ troubling of the church liberties/ saying that the violatours thereof be by the sentence made upon the kings charter excommunicate in the deed doing: or if they hold plea betwixt the lay complaining and Clerks defending in personal actions upon contracts or as contracts/ upon trespass or as trespass. All which matters with divers other here omitted is pretended there in the said Constitution to be mere spiritual/ and I have here recited these articles thereof/ that it may the better appear whether they be mere spiritual or not/ And it is evident enough that divers of them are mere temporal. And nevertheless it is ferther decreed there that archbishop's/ & bishops/ and other prelate's shall not appear when they be called before the king or his justices for such causes for so moche that there is no power given to the lay/ to judge the lords anointed/ but aught of necessity to obey them/ and than for reforming of such things/ the Constitution giveth straight process against the kings bailiffs and officers/ and against the clerks that do make the writs of attachementes or distresses with great excommunications and enterdictions/ and finally proceed so far that they set the kings lands in a certain circuit therein limited under interdiction/ but he upon the admonition of the bishops reform such things/ and it is after decreed/ that if the bishop or ecclesiastical judge or inferior prelate be compelled by such distresses to appear/ and the Acts of his 〈◊〉 be than required of him: so that it may appear thereby/ whether he hath proceeded in any of the saide cases or like/ or if oaths/ excusations/ or put gacyons/ be required therein/ that he shall in nowise exhibyt his Acts or give any oath/ for that the parties may brige the Acts forth. etc. And why any such laws should be made that they should not in such case show their Acts or process/ ne make any oath before the king or his justices. I can not perceive the very cause/ but that they be of likelihood very loath to have it examined. What is their very jurisdiccyon and what not. Thus have I recited part of the said constitution/ and remit the residue to them that will take the pain to read it. And surely they that so do/ shall see divers hard and extreme clauses & Actycles in it. And if they and such other like were reformed/ I thick it were right good and expedient/ as well for the clergy as for the people.   

The xxviii chapter.  
THere is a constitution in the .v. book/ and in the title of pains/ which beginneth/ Euenit et infra whereby it is decreed thus The lay shalde compelled precisely by sentence of excommunication to pay all manner penalyties/ as well corporal as pecunarye/ which they be enjoined to by their prelaties/ and they that will let or stop such penalyties to be paid/ shalde punished by sentence of interdiction and excommunication/ & than if the process be made unto the distrayning of prelattes for that cause/ let process be made against the distreyners by the penalyties declared in that behalf/ and how far that Constitution is against the kings laws and his prerogative/ and how far it pretendeth above the common use of the spiritual turisdiction/ and against all laws that have been made in time passed/ concerning the spitytuall turisdiction/ it will appear to all that will take the pain to read them/ and if it should stand in strength/ it should follow thereupon that if a man were enjoined by his prelatte to pay damages for a trespass/ or a dysseason/ or to pay a debt or a certain some of money for a covenant broke or such other/ he should be compelled to pay it/ and they that would let it should be enterdit & excommunicate/ as appeareth by the plain letter of the said Constitution/ and so should the spiritual court have power to hold plea and give sentence upon mere Temporal things/ & therefore the makers of the said Constitution by the making thereof gave a great occasion to have all such liberties & jurisdictions/ as they had kings grants/ and by the custom of the realm taken fro them But yet if the prelate's and clergy that now be/ will endeavour them to reform such things/ than the making thereof can not be laid to them.   

¶ The xxix chapter.  
If a man report untruly/ that prelate's and spiritual judges/ hold plea for the Title of Patronage/ of cattle/ and of other things apparteyning to the Kings court/ whereby the prelate's and spiritual judges be blasphemed & hurted: I think an action lieth in the kings laws against him that maketh that untrue report/ and yet nevertheless prelate's have made a constitution/ that such reporters shallbe openly accursed/ as strivers against the church's liberties/ unto such time that they have recompensed the judges and also the parties for their expenses and damages. And surely if spiritual judges execute that constitution/ and compel a●● to make recompense in that behalf/ they run in to the praemunire/ for the shed none authority to make that decree. And it is not the very chartable way/ ne the way to give good example to the people/ ne to induce them to sufferance and forberige of other: to see their prelate's upon so light offences make laws/ for revenging of their own quarrels/ and to desire to be their own judges therein. And the said constitution is in the fifth book and in the title against griefs/ and beginneth: For as much as it hath been. et cetera.   

¶ The xxx chapter.  
IF a priest craftily imagynning to Intrude in to the benyfyce of another/ affirm that the possessor of the benefice is deed/ or hath resigned/ and thereupon he procureth himself to be presented in to the same benefice by the same patron that presented the other/ or his heirs/ and so taketh the profits. The other when he knoweth of it/ may sue him that so entereth as an Intruder in the spiritual court/ for there the right of patronage bytwixte those two encombentes/ that claim by one patron can not come in debate/ but if the intruder in such case procure himself to be presented by another patron/ and thereupon entereth and taketh the profits/ there lieth no suit against that Intruder in the spiritual court for there the title of the patronage may come in debate bytwixte those several patrons. And yet Otho in his legantyne that beginneth: Every lover of justice. etc. Puttyyg no diversity betwixt Intruders that enter by one patron/ and by several patrons/ decreeth that he which procureth himself to intrude/ beside the restitution of damages/ shall be forth with in the deed doing suspended from office and benefice/ which thing he will to be extended only to him that presumeth of his own will/ violently or privily to invade a benefice/ whiles another is in possession/ and after enforceth him to defend the same. And because the saide decree extendeth itself as well to make process/ where the Incombentes be presented by several patrons as by one self patron. It is against the kings laws/ and would be reformed.  
FINIS.   

¶ The table.  

THat excluding of lay men fro the hearing of the constitution made against concubinaries/ is not reasonable. The first chapif. ¶ Of a constitution that saith/ that Matrimony in the new Testament accordeth to them that be imperfect/ The second chapter.  
¶ Of a constitution that a priests son shall not be presented immediately after his father/ and of an oath to be given to the encombent when he is presented/ that he hath nothing given for his presentation The third chapter.  
¶ Of a constitution when prelate's inquire of defaults that the lay be compelled upon pain of excomunicatyon/ to give an oath to say the truth The fourth chapter.  
¶ That the prelate mediate or imedyate/ is the father spiritual/ and that the spiritual mother is the church/ whose sons be all catholic parsons. And of this term church The fifth chapter.  
¶ That it is troublous to the people to have two powers within the realm/ whereby they may be sued of one thing in several courts & by several authorities The vi chap.  
¶ Of putting of priests to answer afore lay men/ and of Amerciaments of clerks The seventh chapter.  
¶ Of the constitution of Circumspect agans/ and whether it be a statute The eight chapter.  
¶ Whether both churches be void if a man take two benyfyces without Plurality The ninth chapter.  
¶ There is a Constitution that the Ordinary shall not delay a presentment above two months. and whether he may thereby take the two months The tenth chapter.  
¶ That possessions of the church shall not be aliened/ the form of the Canons not observed The xi chap.  
¶ Of a constitution that all they be accursed/ that letteth a woman covert to make a will The xii Chap.  
¶ Of a constitution whereby it is decreed/ that clerks may make their wills The xiii chapter.  
¶ Whether the tenth part for tithes be by the law of god/ and of divers other things concerning times The xiii Chapter.  
¶ That the laws of exconicatyons be sometime uncertain/ and that there be to many of them The xu cha.  
¶ If a recovery be in the Kings court against a dysturbour/ & his Incumbent that is in possession/ whether the Ordinary when the kings writ cometh to him/ be bound to remove that Incombent The xvi chapter.  
¶ Whether sent wary and clergy be by the spiritual authority/ or by the authority of the king and his laws The xvii Chapter.  
¶ Of a constitution that is made concerning Temporaltyes in time of Vacations/ and of process to be made thereupon against the King. The xviii Chapter.  
¶ Of the writs of Excomunicato Capiendo/ et de Caucione recipienda. And how the kings lands in a certain cyrcute may thereupon be interdicted The xix Chapter.  
¶ Of waist done in houses of persons and vicars decessed. The twenty cha.  
¶ Of a constitution/ wherein it is recited/ that lay men be forbode as well by the laws of god as of man to order the church goods. And of trees in churchyards. The xxi cha.  
¶ Of prohybiting of preaching The xxii Chapter.  
¶ Of speaking against Decrees and constitutions/ and of pilgrimages/ and of worshipping of Images and of oaths The xxiii cha.  
¶ Of a constitution/ that if a patron slay the parson/ or Vycare/ or clerk in the church/ that he shall lose the patronage The xxiiii cha.  
¶ Of clerks that make their canonical purgation/ and that they shall be restored unto their goods upon pain of censures of the church The xxv Chapter.  
¶ Of clerks hunters/ & that their ordinaries shall make a mends of their goods. The xxvi chapter.  
¶ Of divers things that be pretended to be against the liberties of the church. And that in some case the kings lands in the diocese may there upon be interdicted. The xxvii cha.  
¶ That lay men be compelled by excomunicatyon of the church/ to pay almaner penalyties/ as well corporal as pecunari/ which they be enjoined to by their prelate's The xxviii cha.  
¶ That if any man report untruly that they hold plea in spiritual courts of Temporal things/ that he shall be openly accursed/ as a striver against the church's liberties The xxix. Chapter.  
¶ Of Intrusyons in to benefices The xxx cha. ¶   
End of the table.   

❧ Faults in printing.  
In the xxi cha. the first lief/ the ii side & xiii line/ read divide for deny In the same xxi cha. the ii leaf the ii side & the xiii line/ read cause for case. In the xxii cha. the ii leaf the ii side. &. the xii line/ read taught for thought