the kynges courte with out offendyng the lawe of god and so we thynke that the kyngê courtê be put out of iurysdyccioÌ„ for tythes by a custome of the realme and nat by the immediat power of the lawe of god And that it is so / it maye more playnly appere thus / longe after that the kynges courtes of his Benche and Comen place / and also other inferiall courtes were put out of iurisdiccyon for tythes Yet neuertheles writtes of Scire facias were comenly sued in the Chauncerye for tythes / and the defendauntes were ther vpon put to answere / wherfore at the petycion of the clergy / and in coÌ„syderation of a dysme that the clergye grauÌ„ted to the kynge it was enacted in the parliament holden at westmÌ„ in the .xviii. yere of kynge Edward the .iii. the laste Chapiter that such writtê of Scire facias shulde nat fro thensforthe be graunted for tythes / that the proces than depending vpon such writtes shulde be voyde / and that the ê‘tyes shulde be dysmyssed afore seculer iudges of suche maner of plees / sauinge to the kynge suche right as he his auncestours haue had / and of reason ought to haue / And by reason of this statute no sute maye be taken in the Chauncery for tythes / but onely by the kynges patentes / and therfore yf it were ordeyned by parlyament that the sutes for tythes shuld here after be taken in the kynges courte The parlyament ought to be obeyed therin / aswel by spirituall men as by teÌ„porall How be it we wyll nat fully afferme that it were good so to haue it ordered / for as longe as the spirituall iurisdyction wyll ordre the sutes therof there accordyng to right and good indyfferencye / it is sufferable that the sutes be taken there for tythes herafter as they haue ben in tymes paste But if they vse them selfe in such percyall maner / that the peple haue iust cause to complayne of the parcyalyte / thaÌ„ shall the parlyameÌ„t be bounde in conscyence to loke dylygently on the matter and to see it reformed Also it is only by the custome of the realme / that dyuers thiÌ„ges be tryed by the spyrituall court and nat by the kynges lawes as it is of this Issue He is a monke professed or nat professed / dereyned or nat dereygned / admytted and instituted or nat admytted / able or nat able / Bygamus or nat Bygamus / playne or nat playne All these Issues and many other may somtyme be tryed by the ordynary / but â—arte alway for if such maters be pleded in abatemente of the writte / or that such matters be aledged iÌ„ them that be straungers to the ple or if disabylyte be aleyed in one that is deed or if the ordynarye certifye that he in whom professyon is aleyed / is exeÌ„pted from his iurisdyction It shall be tryed euyn as the lawe is nowe / by the kinges lawes And tf it were enacted that it shulde be so in al cases / the lawe af god were nothynge offended therby Howbeit we saye nat this to thentente it shulde be so enacted / but that we thynke it conuenyent that the clergy shuld know that they haue that power by the fauour of the kyng and of his realme by reason of a specyall trust and coÌ„fydence that the kynges of this realme / and the hole realme haue had in the ordynaryes in tyme past But if they mysordre them selfe therin / and refuse to obeye the kynges lawes / or clayme that power onely by the lawes of god / so that it maye in no wyse be taken fro them / where it is natte so in dede Than as it semeth good charite wolde that to gyue theÌ„ the more occasyon of mekenes / that they shulde knowe the power of the kynge and of his parlyameÌ„t therin And it is no dout but that the parlyament maye with a cause take that power fro them / and might also haue done lykewyse before it was recognysed by the parlyameÌ„t / and by the clergye that the kynge was the heed of the church of Englande / for he was so before that recongnicion was made as all other cristen princes be in theire owne realmes ouer all their Subiectes spirituall and temporall ¶ The .xiii. question the .xvi. cha WHether the determinatioÌ„s vpoÌ„ certayn artycles here after folowyng and that be recyted in the summes called SuÌ„ma angelica Summa rosella / stande with the lawes of the realme or nat And if nat whether any hurte maye come by them if they be suffred to contynewe any lengre or nat The .xvi. chapiter ¶ If a seculer Iuge be neclygente in doynge of Iustyce / whether a spirytual iuge may compell him to do iustyce / or to supply his rome here the cause it is said there that he may SuÌ„ma Ro. Iudex .ii. para iiii Whether the goodes of them that minister the goodes of the churche be bounde for the churche goodes And if suche ministers doo pledge their goodê for necessyty to another whether the goodes pledged stande charged And it is sayde there that they do Ro. pignus para ii in priÌ„ Whether relygyouse persoÌ„s shall succede to their auncestours And it is answered that they shall excepte freres minours Ros religio iiii Para. xiiii Whether any gyfte betwene the husbaÌ„de and the wyfe may be good And it is sayd yea whaÌ„ the husbaÌ„d gyueth it causa remuÌ„eracionis ro in the tytle donatio i. Para. xxxii If a man do treason whether the gyfte of goodes after the treason before atteyndre be good Summa an in the tytle donacio i Para. xii And it semeth there naye And loke SuÌ„ an iÌ„ the title alienatio pa. xxiiii If a man make a wyll and enter into religton / whether he may after reuoke the wyll And it is sayd that Freres Mynours maye nat and other may SuÌ„ Ro. in the tytle 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 tytle Ecclia i. Para. vii Whether the bysshops palayes be sent wary And it is answered yes Sum. Ro. iÌ„ the tytle Emunitatas .ii. Para. xxiiii Whether the dignite of a bisshop or presthod discharge bondage and it is sayd yes / but it is agreed that they ought nat to be receyued therto c. SuÌ„ Ro. in the tytle EpÌ„us in principio Whether a clerke be bouÌ„de to pay any imposicions or tallages for his patrymony or otherwyse SuÌ„ Ro. in the tytle excoÌ„municacio octaua pa. iiii v. et vi et diuisione nona Para. i. If it were ordeyned by statute that if a man sell c. that he shall giue to the kynge .ii. pence whether a clerke be bouÌ„de if he sell of his prebende And it is sayde nay Sum. Ro. in the tytle excoÌ„municacio i. diuisione nona Para. iii. If it be ordeyned by statute that there shall nat be layde
all goodes be iÌ„ whose handê soeuer they come And so the parliament hath full power to ordre them / so that the lawe of god be nat broken by their ordre And it is nat to thynke that the kiÌ„ge and his lordes spyrituall teÌ„porall and the comeÌ„s that were at that parliament wolde haue ben so farre ouer seen / to haue made a statute againste the lawe of god / and if it be sayde that the tenthe parte amonge the Iewes in the olde lawe / was a lawe of god / that therfore it ought to be obserued / among cristen men as other morall lawes be Yt may be answered / that payeng of the tenth parte for tythes is no morall lawe / and therfore it cessed whan the passyon of Christe was fully preched knowen amoÌ„ge the people as other Iudicyalles and Ceremonialles dyd And therfore if it were prohibyted / that it shulde nat herafter be lawfull for any man / to saye that the sayde statute is agaynst the lawe of god It is very like that it shuld cause great quyetnes herafter betwene the Curattes and their parysshons in many places in this realme ♣ The .ii. question the fyth cha wHether the Iuges in spryrituall courtes be bounde in any case to take knowlege of the kynges lawes / and to iuge therafter or nat The fyfth chapiter ¶ An answere to the seconde question IF any questyon or doute ryse in the spuÌ„all spirituall courte concerniÌ„g the ryght or possessyon of any teÌ„poral thyng / wherof they in the spyrytuall courte / after the custome of the realme maye holde ple. The iuges there are bounde to iudge the right to him that hathe right by the kynges lawes As if a man haue two sonnes / one borne before espousels / and another after and he bequeth to his sonne and heyre an hundreth pounde / they in the spyrituall courte are bounde to iuge the hundreth pouÌ„de to him that is heyre by the lawes of the realme Also if a man haue a porcyon of tythes in another parysshe / so longe tyme that it maketh a prescryption in the spyrytuall courte / but nat in the lawes of the realme He hath no ryght to that porcyon for lyke as a lawe made by the Clergye / that one curate shulde haue a porcyon of tythes in another parysshe were voyde So is a prescription voide that is grouÌ„ded onely by the lawe made by the Clergye / agaynst the prescryptioÌ„s of the law of the realme And in the lawe of the realme there is no lesse prescryption / thaÌ„ fro the tyme wherof no mynde of man renneth to the contrarie Also if a man by his wyll byqueth certayne money or goodes to a monke / that by quest is voyde in the lawes of the realme And so they in the spyrituall courte oughte to iudge it ♣ The .iii. questyon the syxt cha WHether it be agaynste the lawe of god to arraigne prestes before laye meÌ„ or nat The .vi. cha ¶ An answere to the .iii. question AS to the very auncyeÌ„t grouÌ„des of the comeÌ„ lawe of this realme prestes shulde be put to answere before the kiÌ„ges iustyces as well in actions real and personall / As iÌ„ felonyes murdrers treasons / as farforth as any laye men shulde be Neuerthelesse / by a contynuall pretence that the clergy haue made that it is agaynste the lawe of god that clerkê shulde be put to answere before laye men / or their bodyes arested They haue hadde great fauoure in suche thinges / more than laye men haue had Howbeit whaÌ„ they haue had such fauour / they haue natte taken it as a fauoure of the kynge or his lawes but as a thiÌ„ge whiche they ought of right to haue by the lawe of god And thervpon they haue at many parliameÌ„tes made pretence to haue more lybertie in that behalfe than the comen lawe custome of the realme hathe gyuen them / and more than laye men haue had And to cause the matter more playnly to appere I shall recyte soÌ„e statutes that haue been made in dyuers parlyamentes in tyme past / coÌ„cernynge the pretence of the clergye therin Fyrst in the statute of Marlebrygge in the .lii. yere of kynge Henry the thyrde It is inactyd thus If a clerke be arrested for any offence belongyng to the crowne and after by the kynges coÌ„maundemente he is let to bayll or is repleuied So that they to whom he is taken to vayle shall haue hym before the kynges iustyce c. That they to whoÌ„ he is taken in bayle / nor his other pledges shall nat frotheÌ„sforth be amercyed / if they haue his body before the iustyce though he wyl nat or maye nat answere before theym / for the priuylege that he is a clerke / by which statue it appereth that before that statute clerkes were arrested for offeÌ„ces agaynst the crowne and it appereth also that clerkes clamed their priuyleges than / as they do nowe / but the Statute doth nat afferme or alowe that they oughte to haue it For the statute was nat made to that entente / but it was made onely for the indempnytie of the pledges / that though the clerkes in such case wolde nat answer for trust of their sayd priuylege / that yet the pledges shulde bere no losse therby as some men take it that they shuld haue done by the lawe / but the priuylege of clerkes was lefte in dout as it was before And prestes were put to answere before the kynges iustyce after that statute as they were before / and so contynued the varyaunce / vntyll the treatyce of Articuli cleri was made / which as it is sayde is a statute / and was made in the .ix. yere of Kynge Edwarde the .ii. at whiche tyme the Clergye made many artycles of certayn grefes done / as they sayd to the church of Englande / wherby is vnderstande the clergye of Englande wherof one was that though a clerke ought nat as they sayde to be iuged before a seculer iudge / ne any thynge to be done agaiÌ„ste him wherby he might come to the parell of deth Neuerthelesse / they sayde that seculer Iuges make clerkes that fle to churches and there knowlege their offences to abiure the realme / and admitte the abiuratioÌ„s for that cause / though thei be nat their iuges thervpon And so sayde they that there was gyuen to laye men an indyrecte power to punysshe clerkes if they come into the realme agayne To this coÌ„plainte the seyde treatise answereth thus / sayth A clerke fleeng to the church for felony / to haue the defence of the church / if he afferme him selfe to be a clerke shall nat be compelled to abiure the realme / but yeldynge hiÌ„selfe to the lawe of the realme he shall enioye the lybertie of the church / after the laudable custome of the realme vsed iÌ„ tyme past And it semeth that by this worde Clericus in the sayd treatyse is vnderstande only a Clerke that
is withiÌ„ ordres / and nat euery clerke that can rede And than it appereth farther by the sayde treatyse that if he wyll haue the defence of the church he muste confesse the felony / for the seyde treatyse is / that he submyttynge himselfe to the lawe of the realme shal haue the lybertye of the churche And by the lawe of the real me he must confesse some felony before he haue that lybertye Neuerthelesse bicause this article hath nat ben seen / but seldom iÌ„ vre it hath beÌ„ a doubte to many men whether the Corowner shall be iuge iÌ„ that matter himself / or whether the Corowner muste sende him to the kynges iustyce / and than they either to commytte him to the ordynarye or to remytte him agayne to the sent warye as they thynke ought to be done by the lawe But I suppose that iÌ„ this case the Corowner is the iuge And another complaynt that the clergye made at the makynge of the sayde treatyse called Articuli Cleri was this They sayde that though the conusauÌ„ce made before him that is nat iuge of hiÌ„ that maketh the conusauÌ„ce holdeth nat / nor suffyseth nat to make proces / nor to gyue senteÌ„ce vpon Neuerthelesse / they sayd that some seculer Iuges admytte the accusation made by clerkes by waye of approuynge or appelle / though they be nat of their iurisdyctyon as they sayde But reteyne suche clerkes / that confesse before them their owne enormyous offences as theftes / robbories manslaughter / and delyuer theÌ„ nat after to their pÌ„lates though they be thervpon suffyciently requyred Ne though before theÌ„ for all theire owne confessyon they maye nat be iuged ne condempned without brekynge of the lybertie of the churche To this complaynte the sayde treatyse answereth thus To an apprower asked by thordynarye in due forme as a Clerke / the benyfyte nor the lybertye of the churche shall nat be denyed By whiche complaynte and answere made thervpon / there semeth to appeare two thynges / one is / that the Clergye pretended that the confessyon of a clerke made before a seculer iuge for murder or felony byndeth nat The second is that they founde them greued / that whan clerkes made suche confessyons / thervpon approued other for the Kynges aduauntage as they might do by the lawe That than thoughe the ordynaryes came and asked them as clerkes / that yet the iuges wolde nat delyuer them And that was trewe as the ordynaryes sayd / bycause they that the clerkes hadde appealed / might offre to ioyne battayle if they wolde / which tryall by the lawe might nat be taken fro him that was so approued And as to that artycle the sayd treatyse assented to the request of the clergye and graunted that he shulde be delyuered to the ordynarie whan he asked him And so by that treatyse the ioynynge of battayle is takeÌ„ fro the appelle But as for the fyrst artycle / that is to saye that seculer iuges shulde be no iuges to clerkes / the seid treatise regarded it nat / but lefte it as it was before And after this varyaunce / thus contynuynge without accorde / clerkes were contynually put to answere before the kyngê iustyces as they were before In so moch / that as well seculer clerkes as chapelaynes / and monkes / other men of relygion were draweÌ„ and hanged by the awarde of seculer iustyces / as appereth by the recytall of the statute made in the .xxv yere of kynge Edwarde the thirde Pro Clero the .iii. chapiter / which the Clergye sayde was to the great preiudice of the fraunches of holye churche / and to the oppressyon of the Iurisdyctyon thereof / wherfore it was accordyd and graunted by the kynge in his sayd parlyament / that all maner of Clerkes as well seculer as religiouse that shuld be frotheÌ„sforth coÌ„uycte before iustyces seculer for any maner of treason or felonye touchyng any other persone thaÌ„ the kynge or his royall maiestye shulde haue enioye frely from thens forth the preuyleges of the holy church of Englande / and shall be without impechement or delaye delyuered to the ordinary whan they demaunde theÌ„ And thervpon the Archbisshoppe of Caunterbury / promysed that suche couenable ordinauÌ„ces shulde be made for the sauegarde chastysement of the seyd clerkes / so that none shulde herafter take any boldnesse to offende for defaut of chastisment / and so it appereth that the intente of the kyng and of his parlyament at the makynge of the seyde statute / was / that in treason or felonye touchynge the kynge / they shulde nat haue the preuylege And in the chapyter next folowynge / it is ordeyned / that clerkes that be arrayned before seculer Iustyces / the which chalenge their clergye / and be demaunded by the ordynaryes / shal be forthw t delyuered vnto them without delaye And afore that statute somtime the iuges wolde remaunde clerkes to prison / sayenge they had other thinges to saye vnto them And that is prohibyted by the seyde statute / after in the fourthe yere of kinge Henry the seuenth It was enacted that a clerke which was nat within ordres and had his clergie / shlude be burned vppon the lefte hande / in suche maner as by the seyde statute appereth And that if any persone at the seconde time that he is arrayned demaunde his clergye by cause he is withiÌ„ ordres / hath nat his letters there / nor thordynaryes certifycat that than the iustyces shulde giue a day by their dyscretyon to hym / to bringe in his letters or certifycat / if he fayle therof at that daye / he to be put fro his clergye And so by that statute it appereth that if a clerke that is nat within ordres be brenned in the hande / and than be made a preest / and be after arrayned of felony than he saith that he is with in ordres / but he hath nat his letters nor any certyfycat of thordynarye / wherfore he hathe a daye to bringe them in / accordynge to the seyd statute of Anno quarto And at the day he faylleth therof / that he shal be put fro his clergye / and therof must nedes folowe / that though he be with in ordres / he shal be put in execucoÌ„n And furthermore it is nat lyke that there was any sufficient proufe shewed at any of the seyd parlyamentê that it shulde be against the lawe of god / that preestes shulde be put to aunswer before laye men For it is nat to presume / that so many noble princes and their counseyle / ne the lordes / and the nobles of the realme ne yet the Comons gathered in the sayde parlyamente / wolde fro tyme to tyme / renne in to so great offence of conscyence / as is the brekynge of the lawe of god And if ther be no suffycyent proufe / that it is against the lawe of god / than the custome of the realme is good / to
vpon a deed persone but such a certayne cloth or thus many tapers or candeles / whether the statute be good And it is lefte for a question SuÌ„ Ro. in the tytle excoÌ„icatio .i. diuisione .xviii. Para. viii in fine Thinges iÌ„mouable of the church maye nat be gyuen SuÌ„ Ro. in the tytle feodum Para. i. et vide ibi in principio / what feodum is To whom treasure founde belongeth And the answere therin varyeth moch fro the lawe of the realme / and is also agaynste the kyngê prerogatyue Summa Ro. in the tytle furtum Para. xi The goodes of deed men go to the heyres / and that of dampned men / and by that terme goodes they vnderstande landes tenymeÌ„tê SuÌ„ / Ro. in the tytle hereditas Para. i. If goodê be fouÌ„de that were lefte of the owner as forsaken who hathe right to them Sum. Ro. in the tytle inuenta Para. ii et vide Sum. Ro. in the tytle furtum Para. xvii If a man bequeth another mans good of what effecte it is SuÌ„ Ro. in the tytle legare para i. et .ii. If a man bequeth to his wyfe his ornamentes whiche haue certayne golde and Iuelles vpon theÌ„ that is nat lawfull to vse after the statutes of the countrey whether the golde Iuelles passe Ro. Legare para xiiii et xv If a maÌ„ bequeth to his daughter whaÌ„ she maryeth a certaine soÌ„me of money / she entreth in to relygion whether the bequeste holde Ro. in the tytle legare Para. xxvii If two haue an house in comen and one wyll sette it / and the other wyll dwell in it / who shal be preferred Ro. locatio Para. vi wherby the rent of a thiÌ„g set to ferme shal be released Ro. locacio pa. ix et .x. And it is sayd by tempeste and enemyes c. et vide pedagiuÌ„ .xviii Whether the rente shal be encreased if the thynge let be amended of it selfe Ro. locacio Para. xi et .xii. And it is saide if a myll encrease by decaye of other mylles / the reÌ„te shal be encreased If a prelate relygiouse without assente of the couente make a lease for terme of lyfe / or to a certayne terme / he is suspended / nought goth to the grauÌ„tee Ro. locacio pa. xxiiii Whether laÌ„des of the church may be pledged Ro. pignus para vi Whether a prescription serueth agaynste him that hath payed a thiÌ„g longe without cause And it is aunswered naye Ro. pÌ„scripcoÌ„ pa. xxii Whether vpon a nude contracte may be grounded any accion And it is sayd yea Ro. ê“missio pa. v. If a monke that is fugytiue / or a postata come to goodes / to whom beloÌ„geth the goodes And it is said there to the monasterye Ro. religio para i. and Loke Ro. religio .iiii. para xii Whether goodes that a man gyueth to the monastary that he goth to folow him if he go to another monastery Ro. religio .iiii. Para. xi ¶ An answere to the artycles contryued in the seyd .xiii. question WE thynke that all the seyd artycles be eyther agaynst the kinges lawes / orels that they be of non auctorite in this realme And therfore whosoeuer in this realme ordre their conscyence after the determynacyons of the seyde soÌ„mes mencioned in the seyd .xiii. questyon / and by the auctorite of the seyd sommes we thynke they erre in conscyence And we thiÌ„ke ferther also that it is very lyke that soÌ„me spirituall men in ar by tremeÌ„tes other couÌ„selles / and also in their iugementes haue ben disceyued therby in tyme past And that it is very lyke that many of them wyll be so / tyll a playne declaracyon be made therupon / accordynge to the lawes of the realme And the daunger is such / that they that gyue sentence accordynge to the seyd artycles or any other that be agaynst the lawe of the realme bynde theÌ„self therby to restitucoÌ„n nat only of the thinge in variaÌ„ce / but also of all the costê damages that the ê‘tye shall sustayn by occasion of the same ¶ The .xiiii. questioÌ„ the .xvii. cha WHat shulde cause the hyghest comeÌ„ welth now in these daies The .xvii. chapiter ¶ An answere to the .xiiii. questioÌ„ THe hyghest comeÌ„ welth that could be now in these dayes wer this That al kynges priÌ„ces wolde fall to a louynge pease and concorde togyther / that they wold than consyder what highe power auctorite they haue receyued of our lorde ouer his people / how strayt accoÌ„pte they haue to make therfore herafter / and that they wolde thervpon with all dilygeÌ„ce fro tyme to tyme put that power in execucyon to the honoure of god and welth of the people And that they specially by such counsell as they shall thiÌ„ke most disposed to saye the truthe Haue this verse whiche is written Psalmo .ii. Et nunc reges intelligite erudimini qui iudicatis terraÌ„ And this text Rex sapiens populi stabilimentuÌ„ est which is Sap. ii Playnly and truly expounded and declared vnto them / and dilygently to folowe the same And certayne it is that he that sayde My delyte is to be with the sonnes of men / wolde nat haue his people lyue out of ordre / ne be blynded with darkenesse of ignorauÌ„ce And if the seyd textes be wel vnderstande / it wyll appere therby / that the high iugemente is in princes / and that it lyeth in princes to appease all varyaunces and vnquyetnesse that shall ryse amoÌ„ge the people / by what occasion soeuer it ryse spyrituall or temporall / and it wyll appere therby also / that the kynges grace hathe nowe no newe auctorite by that / that he is coÌ„fessed by the clergy / and auctorised by the parlyameÌ„t to be the heed of the churche of Englande For it is but only a declaracyon of his fyrst power by god commytted to kynglye regall auctorite / no newe graunte and that for all the power that he is the heed of the churche / that yet he hath none auctorite to minister any of the sacrameÌ„tes / ne to do any other thiÌ„g spyrituall / wherof oure lorde gaue power only to his apostles and discyples And bycause princes haue nat here tofore commenly ben lerned of theym selfe to knowe their owne power in all thynges to them coÌ„mytted by god It is therfore expedyent that they haue trewe / iuste and indyfferent counseyle / as well spyrituall as temporall / the whiche as minysters vnder them / maye fro tyme to tyme declare theire power vnto them / and put them in mynde what is expedyent to be done for the coÌ„men welth settyng alway truthe before their eyen / with the faithe and obedyence that they are bounde to bere vnto their prince / specyally coÌ„cernynge the power and auctoritye that he hathe receyued of god / for mynistracyon of Iustyce vnto his subiectes / and for kepynge of them in peace and quyetnesse ¶ Of dyuers auctorities and reasons / wherby many
that the mater shuld contynue in varyaunce / as it hathe done in tyme past Also it hath ben a ryght great default in many of the clergye that seynge that they haue made pretence openly that it is agaynste the lawe of god / that prestes shuld be arraygned before laye men / and that they haue yet opeÌ„ly preched and taught / yea / and executed it in dede openly byfore the face of the worlde / that if a preeste be degrated that than he may be put in execucyon For though he be degrated he is a prest as he was before / bycause the carecter is indelyble And so that pretence of degratynge semeth to be none other / but an illudyng of the truth And that the bysshops wolde bringe the matter to that poynte / that such prestes as they wold haue arreygned afore laye men shulde be arreygned / and that none other shulde ¶ Also sith the knowlege of the lawes of the realme is in many cases necessarye to all men in this realme for the clere orderyng of conscyence and for gyuynge of true counsell to the people It is a great defaute in many of the clergye / that they haue endeuored theÌ„selfe no more to haue knowlege therof thaÌ„ they haue don And what incoÌ„uenyeÌ„ces haue come therby / no man can tell for by that occasyon ignoraunce hath ben preferred before knowlege / as well in outwarde courtes / as in the secrete Courte of the soule ¶ Also it hath ben a great defaute in many of the Clergye / that they haue pretended / that it hath nat ben conuenyent for laye men to treate of the power of the clergye / ne to reason what be the keyes of the church / ne to touche the power of the makiÌ„g of their Canons / or to treate which be resonable and which nat for that right specyally belongeth to priÌ„ces and their counsell to loke vpon for if they shuld be driuen to beleue the iugement of the clergye in thinges concernynge the honour / power / iurisdyccion of the clergye agaynst their owne / they might happely be disceyued for the more power that the clergy hath in temporall thiÌ„ges the lesse is the power of princes / therfore they that be lerned in the kinges lawes / ar specyally bounde before other to know the power of the kynge and of his parlyament For howe can they knowe that the lawe that they haue lerned is to be ministred amonge the people / If they knowe natte whether the kynge by whose auctorite it is ministred / haue power to coÌ„mauÌ„de the ministracyon of it Also he that knoweth nat that the parlyament of Englande hathe power by the hole church of EnglaÌ„d can nat fully knowe the power of the parlyament Furthermore no man can knowe the power of the kynge and of his parlyameÌ„t but he knowe the power of the clergy For it is no dout but that such power as the clergye hath by the iÌ„mediat graunte of Christ / the kynge ne his parlyameÌ„t can nat take it from theym thoughe they maye order the manner of the doynge What an abusyon is it thaÌ„ in theÌ„ that wolde make the lerners of the lawes of the realme beleue that it is nat conuenyent for them to serche / ne knowe what is the auctorite of the clergye for the auctoritie of kynges and of the clergy be so lynked togyther in many thinges / that the one can nat be knowen / but the other be knowen also And yet as it hath ben reportyd / many right notable men haue ben brought to that belefe in tyme past Moreouer it is no defaute in lerners of the lawe to pretende ignorauÌ„ce in high doutes of scripture that parteyne nat to the lernynge of the lawe / but to pÌ„tende ignoraunce in the power of the kinge and his parlyament or of the clergy which be the thinges that most specyally parteyne to the approuynge or dysaprouynge of that they haue taken in haÌ„de to lerne is gret defaut And furthermore / sith dyuers spuÌ„al men haue taken vpon theÌ„ to reason whether laye meÌ„ haue power to assygne what cloth shal be layed vpoÌ„ a deed corse at his buryall / what candelstyckes other thinges shall be set about hiÌ„ / and what nat why shulde nat leye men / and specyally those that be lerned in the lawes of realmes and countreys serche whether the reasonynge and determynacyon therin procede vpon an indifferency accordyng to the trouth or vpon a synguler couetice of them selfe / and if they ought nat nor miâ—t nat do so / thaÌ„ might the clergy happely biÌ„de laye meÌ„ to that they ought nat to do in many cases Neuerthelesse we thinke nat that al the hole clergye be fallen into these defaultes before rehersed for we doute nat but that ther be many of theÌ„ that haue their eyen fully set open vnto the trouth ne yet we thinke nat that any of the clergye now lyuyng be in the ful defaute of the sayd abusyons for many of theym were bygonne by their predecessours before their tyme / and therfore if they wyll herafter endeuour theÌ„ self with good dilygeÌ„ce to helpe that the defaultê which were first begoÌ„ by their pÌ„decessours may be reformed They shall therby deserue great thanke of god / gyue also a good a blessed exaÌ„ple to al the peple toward a good vniuersall reformacion Amen ⧠Fautes in printynge ¶ In the tenth chapiter the fourth lefe / the seconde syde / the .xix. lyne / rede many for any ¶ In the .xiii. chapiter the seconde lefe / the fyrste syde / the .viii. lyne / rede vnder for vnto And in the .ix. lyne for abbot rede the abbot ¶ In the .xvi. chapiter / the seconde lefe / the seconde syde / the .xiii. lyne / rede emunitas for emunitatas / and in the .v. lefe / the first syde / the .xiiii. lyne / rede contayned for contryued ¶ In the .xviii. chapiter / the .xiii. lefe / the fyrst syde / and the last lyne rede to be herde / for herde The table THat kinges and priÌ„ces haue their auctorite iÌ„medyately of god of obedyeÌ„ce to theÌ„ the .i. cha ¶ Certayne other auctorities concerniÌ„g kynges princes the .ii. cha ¶ Of auctorities prouyng that kiÌ„ges in tyme past haue ordered thinges that some men call spyrituall thynges The thirde chapiter ¶ Whether the statute of Silua cedua / that treateth of tyth wood / be agaynst the lawe of god the .iiii. ch ¶ Whether the spuÌ„all spirituall Iudges be bouÌ„de in any case to take knowlege of the kynges lawes The .v. chap. ¶ Of arraygniÌ„ge of prestes before laye men The .vi. chapiter ⧠Whether any of the constitucioÌ„s prouincyall be agaynste the kynges lawes / and of the exposicyon of maister Lynwode made therupon The .vii. Chapiter ¶ Whether the treatyce called Circumspecte Agatis / be a Statute The .viii. Chapiter ⧠Whether crysten kynges haue any lesse power ouer their subiectes after their conuercyon than they had whan they were Paynymmes The .ix. chapiter ¶ If a kynge that is an Infydele offre to be conuerted / but he wyll receyue no holye dayes but onely the sondayes / nor haue his Subiectes bounde by anye lawes / but of hys owne makynge / whether he shal be receyued with those condicyons The .x. Chapiter ¶ If a vowe be made to a saynte / whether that avowe must be performed vpon payne of restitutyon The .xi. Chapiter ¶ If the writ of ExcoÌ„icato capiendo / were put awaye / whether the keyes of the churche were thereby offended The .xii. chapiter ¶ Whether the artycle of the statute of Carleole that treateth of comen seales / be a statute the .xiii. ch ¶ Of excoÌ„icacyons made agaiÌ„st the kynges lawes The .xiiii. chap. ¶ By what lawe the kyngê courte is put out of Iuriâ—diccyon / for tythes The .xv. Chapiter ¶ Whether diuers cases contained in the SuÌ„mes called SuÌ„ma rosella and SuÌ„ma angelica / that be recyted in this chapiter / staÌ„de with the lawes of the realme the .xvi. ch ¶ What shulde cause the hyghest commen welth nowe in these dayes The .xvii. chapiter ¶ Of dyuers reasons to proue that the clergye haue bothe powers spyrytua and Temporall / with answeres therto The .xviii. chapiter ¶ Of abusyons in dyuers of the clergye concernynge the lawes of the realme The .xix. chapiter ¶ Finis ¶ Printed at LoÌ„don by Thomas Godfray Cum priuilegio Regali