Chryste was not the gouernour of y e emperour of Rome Bonyface y â— maker of decretalles A good artycle of our fayth worthye for sucha bysshop The abuse of excoÌ„munycacyon No man can make the people to byleue this abhomynable pÌ„sumpcyon pryde The bysshoppes of Rome with theyr desyrynge of domynyoÌ„ hath ben y e causers of dyscorde warres Coactyue iurysdiccion apperteyneth to no spyrytual mynystre of the church as concernynge he is a spyrytual mynistre Howe to oppresse y e vsurped powre of the man of Rome They which dothe not resyste cuyl meÌ„ are iniuste ê‘sones Of the fyrste aduersarye agaynst the truthe The charytable desyre of marsilius Of y e seconde aduersary to truthe Custome to here lyes The thyrde aduersarye to truthe Enuye Enuye The ordre of procedynge in this dyccyon or parte The bysshop of Rome hath no iurysdiccyon ouer preestes Note this Churche Iudge Spyrytuall Temporall This worde church what it betokeneth The proper sygnyficacioÌ„ of this word churche All true chrysten people ben men of y e churche For whome chryste suffered his passyon The sponsesse of chryste Temporall Spyrytuall Paule went neuer to y e canon law and therfore he knewe not y e nature of this worde Spyrytuall The mynystres of the churche maye synne why the dectetalles were made Iudge Iudgement Aduocate The first auctorite of scripture which semeth to make for the popes powre Wherof y e pope hath taken to hymselfe auctoryte to reygne rule The seconde auctoryte The thyrde auctoryte The fourth auctoryte The. v. auctoryte The. vi auctoryte The. vii auctoryte The. viii auctoryte The fyrst naturall reason The seconde The thyrde The. iiii The. v. The. vi That y e pope is not aiudge nor gouernour seculare what maner powre y e pope hathe That chryste cam not to be a lord or ruler Chryste dyd exclude hym selfe and the apostles from worldly kiÌ„gdome or gouernaunce IohnÌ„ xviii The kyngdoÌ„ of chryste Chryste dyd speake of spyrytuall kyngdome or gouernaunce Chryste fled eschewed y e dygnyte of a kynge The kyngdome of heuens Chryst wold not be iudge or vmpyre Note this Iherome Orygen Ambrose Bernarde Of payenge trybute Augustyne Bernarde Orygen Let men of y e churche loue not playe y e lordes Chrysostome Ecclesiastical ê‘sons ought to be seruauntê not to be lordê rulers Iherome Orygen Basilius magnus Bernard Ambrose This texte is but eueÌ„ nakedly alleged of y e authour Ambrose Augustyne Gregorius Bernardus Bernardus Bernardus Bernarde rayleth agaynst y e spyrytualte Euyll rulers are to be obeyed as reuereÌ„tly as good rulers The soule is put for y e maÌ„ Bernardus Bernardus Of this worde power Marke this well I counceyll you That we are bounde to do as the Decretals coÌ„maundeth The power is profytable whether it be good or euyll That all meÌ„ oughte to be subiect to priÌ„ces and gouernours Ambrosius Bablynge lyeng Decretals the decretals prestê ar to be obeyed in those thingê whiche are accordynge to the gospell Ambrosius Chrisostomê° There is not your auctoryte gyuen preestes to be iudges Augustinus To absolue the subiecte from the bonde and othe of his allegeauÌ„ce is manyfest heresye That saynte Paule was subiecte to Cesar That preestê be subiectê to seculer pryncê or gouernours The offyce of preestes Penaunce Iherome Hierome Augustyne The power of the keyes Penaunce what god worketh before coÌ„fessyon in a synner That god only forgyueth synnes Ambrose Augustyne It is sooner sayde than proued Then he wrytheth them Howe preestê haue powre to bynde and lose Ierome Marke this well This geare muste be iudged by higher iudges whether there be a purgatory after this lyfe oâ— no. To whome penytencyall satysfaccyon is to be moyued The pope for gyueth nomore the synne than any other preeste then yf the preeste do his dutie as he is bounde who gothe to purgatorie and theÌ„ wherfore shuld we beleue that there is one This man rayleth Chrysostome Ierome God regardeth y e lyfe of men not the iudgement of the preestes when excommunycacyon ought to be done Note this The forme maner of doyng excoÌ„munycacyon what y â— apostles vnderstode or meaned by this wrode church Augustinus Augustinus ExcoÌ„munycacyon is not coÌ„mytted onely to preestes The character of holy ordre This is but a sely sorye glose A corollaryâ— What thyngê god alone worketh in man what thyngê are done by y e preeste we be not agreed as yet of any purgatorye aft this lyfe The keye of dyscrecyon Ambrose The symylytude betwene y e preeste and y e iudges saruanÌ„t oriayler The worde of god bideth and loseth Marke this my maystres The preeste sheweth and declareth the synner to be absolued but dothe not assoyle y e sinner and then farewell the fetchynge of meÌ„nes soulê out of purgatory Nota. Iacob iiii The physicyon of y e soule is lyke to the phisycion of the body The preeste hath auctorytie to tech but not to coÌ„pelle this forget not for the pope leseth here his sharp swerdes and his goÌ„nes his moryspykes his hauldebardes The dyuysyon dyfference of manner actes Sodayne konwledges affeccyons Knowleges affeccyons appetytê abdyng and permanent Dedes procedynge of delyberacion ben called the preceptes of the mynde He meneth y â— man hath fre wyll in actes delyberate yf he be iudged with the spyryte of god A dystynccyon of actê coÌ„maunded or done with good aduysement Inward actê outward actê A dystynccyon of outward actes Profytable Unprofytable harmefull Artê and scyences A dystiÌ„ccyon of coactiue rules lawes MaÌ„nes lawe Goddes law Secte is here well taken The lawe of Chryste Cause motyue is y e kyng which is heed of the churche correctoure in this lyfe of all crymes enormyties y t issue forth What a kyng is Yea euen a bysshoppe Bysshoppes are subiectes as well as bochers The traÌ„sgressoure is the stuffe matter the kynge is the cause effectyue apte to worke vpon the stuffe To be a preeste is but an accedeÌ„tall thynge The preeste hode taketh not awaye y e man nor chaÌ„geth hym in to an aungell Preestes oughte to be punysshed by the secular iudge and yet Thomas of CauÌ„turbery wolde not haue it so The obiectyon of the sprytualtie is answered vnto The Pope of Rome is not exempte froÌ„ the iurysdyccyon offeculare prynces It maye be graunted to preestê to haue wyues Fratres gaudeÌ„tes Begini Relygyous men receyue men that be not lerned in to theyr orders Lawyers There is but one lawe maker Chryste A iudge here is taken but for a preacher This iudge hath no coactyue powre The clargy many a yere hath done all by coÌ„pulsyon as with swerde and fyre Ambrose Fayth is voluntarye Yf men seme to be punysshed for breakynge of goddes lawe in this world as for coÌ„mittiÌ„ge aduoutry for nycacioÌ„ theft heresy and so forth it is because the malyce of theyr hertê breketh forth and disq â—eteth theyr neyghbours therby offeÌ„deth y e kyngê lawe not
what ende it is ordeyned for peraduenture the same is the effectyue cause of this sayde rule whiche is the effectyue cause of the Prynce or gouernoure ¶ we therfore supposynge this a thynge euydent lye knowen by experience in all perfecte Cōmynaltes that there is suche a rule whiche men do call an ordynaūce or custome by y e cōmen name a lawe Fyrste we shall shewe what this rule is afterwarde we shall shewe the fynall cause wherfore it is necessarye to be hadde and laste of all we shall determyne by demonstratyue sillogisme to what persone or persones and by what maner actyon it belongeth to ordeyned and make this sayde rule whiche thynge shall be nothynge elles but to serache out the lawe gyuer or the cause effectyue of the lawe vnto whiche cause we suppose that the electyon of Prynces and gouernoures also dothe belonge and we wyll proue that it is so hereafter by sure and substancyall reasons or demonstracyons Of whiche thynges it shall also appere and be open or euydent what is the mater or subiecte of the aforesayde rule whiche we haue called the lawe for the mater or subiecte of it to vse the scole tearmes is the Prynces or gouernoure to whom it belongeth for to measure and streyghten or rule the Polytyke or Lyuyle actes of men Nowe therfore procedyng to the determynacyon of these sayde thynges leaste peraduenture by the reason of the manyfolde sygnyfycacyons of this worde lex any Ambignite or erroure myghte happen to any man it shal be cōuenyent accordyng fyrste to shewe the dyuerse intencyons or sygnyfycacyons of this nowne lex For this worde beynge of the nombre or sorte of hym Whiche be called equinoce dictiones that is to saye wordes hauynge many dyuerse sygnyfycacyons in one of his sygnyfycacyons betokeneth a naturall sensitiue inclination to some action or passyon And in this sygnyfycacyon the Apostle vsed this worde in the. vii chapytre to the Romanes when he sayde I se an other lawe in my membres repugnaunt and stryuynge agaynst the lawe of my mynde and in an other accepcyon or sygnyfycacyon this nowne Lex lawe is sayde of euery practyue habyte and generallye of all maner forme of any thynge to be wrought whiche forme is in the mynde out of whiche as out of the example or paterne and mesure all the formes or fascions of thynges made by crafte are brought forthe or caused And after this maner sygnyfycacyon of this worde it is sayd in y e. xliii chapitre of the prophete Ezechyel Hec ergo lex domus iste autem mensure altaris This therfore shall be the lawe of the house these shall be the measures of the altare In his thyrde sygnyfycacion this worde lex is taken for a tule conteynynge monitions of the imperated or volutarye actions of men as they be ordeyned to glorye or to payne in the worlde to come And after this sygnyfication the lawe of Moyses was called a lawe as touchynge to some parte of it and so also the lawe of the gospell as touchyng to it selfe hole is called a lawe Wherfore y e Apostle speakyng of these two lawes to the Hebrues sayth thus The preestode beynge translated it is necessarye or it muste nedes be that a trāslacyon is made of the lawe So also the doctryne of y e Gospell is called a lawe in the fyrste chapytre of saynt Iames epystle where he saythe thus But who souer shall loke in to the perfecte lawe of lybertie shall contynue in it c. that man shall be blyssed in his dede And in this accepcyon or sygnyfycacyon of this worde all sectes also be called lawes as for example the secte of Machomete or of the Persians eyther as touchynge to them selues hole or elles as touchynge to some partes of theym Albeit that amonge all these onely the lawe of Moyses and the lawe of the Gospel that is to wytte the chrysten lawe done conteyne the veryte And after this sygnyfycacion also Arystotle called sectes lawes when he sayde in the seconde of his Phylosophye Howe great vertue or strenght custome is of the lawes done shewe and agayne in the. xii of same Reliqua veto fabulose iam adducta sunt ad persuasionem multorum ad leges et conferens i. The other thynges were ymagyned and brought in for to persuade many men to the lawes or sectes to theyr profyte Fourthly this nownelawe and moste famously betokeneth the knowledge or doctryne or vnyuersall iudgement of the thynges whiche are ryghtuous and profytable in a cyuyle cōmynalte and of the contrarye thynges And this worde lex taken in this sygnyfycacyon maye be consydered two maner wayes one waye as touchynge to it owne selfe as by it onely is shewed what is ryght or wronge what is profytable or what noysome or hurtefull and thus the scyence or doctryne of the ryght is called the lawe An other maner of waye it maye be consydered after as a precepte is gyuen of the obseruacyon or fulfyllynge of the sayde lawe vnder a payne or rewarde to be dystrybuted to the fulfyller or to the breaker of it in this present worlde or elles after as it is gyuen by the maner of suche precepte or cōmaūdement this worde consydered after this maner is moste properly of all other sygnyfycacyons called a lawe and this worde taken in this sygnyfycacyon Arystotle dothe defyne in the. x. boke of his Ethikes and the. ix chapytre when he saythe thus The lawe hathe power to compell whiche is a speache made by some wysdom and reason that is to wytte by polytyke reason whiche can ordre and dyspose of the ryghtuous and profytable thynges and of the contrary thyn ges and the lawe hathe coactyue power for as moche as there is a precepte or cōmaumedement gyuen that the lawe shulde be obserued whiche precepte men be compelled to kepe and obserue or els because the lawe is gyuen by the maner of suche precepte Wherfore not all the true cognycyons or knowledges of the thynges that be ryghtuouse or profytable in a cyuyle cōmynalte are lawes oneles suche a coactyue precepte or commaundemente be gyuen of the obseruacyon of theym or elles it be so that they haue ben gyuen by the maner of a precepte Albeit that suche true knowledge of the sayde thynges is necessaryly requyred to a perfyte lawe Yea moreouer otherwhyles falss knowledgs or iudgemēts of rightwyse profytable things ar made lawes when there is a cōmaundement gyuen that they shulde be obserued or els yf they be gyuen by the maner of a precept as it appereth in the regyons of certayne barbarous people whiche do cause this to be obserued as a ryghtuouse thyng that a murtherer or manqueller shal be quyet and absolued from cyuyle blame and the cyuyle payne or punysshement so that he do paye money or some other thynge of value for such maner offence and yet for all that this thynge is playne vtterly ryght
and so consequently the lawes of theym are vtterly vnperfecte For the case put graunted that the sayd lawes haue a due forme that is to wytte a coactyue precepte of theyr obseruacyon yet for all that they do wante or lacke due condycyon that is to wyt due and trueordynacyon of ryghtfull ryght And vnder this accepcyon or sygnyfycacyon of this worde lex are comprehended all the rules of Cyuyle ryghtes and vtylyties whiche rules haue ben instytuted by y â— auctoryte of man as customes statutes ordenaunces or actes made by the coÌ„mens decretalles and all other lyke rules whiche as we haue sayd are grounded vpon the auctoryte of man But yet we ought to knowe that as well the lawe of the gospell as the lawe of Moyses and peraduenture the other sectes dyuersely consydered and compared in the hole or in the parte of theym vnto the Actes of men for the state of this present worlde or of the worlde to come otherwhyles dothe belonge or hathe belonged hytherto or shall belonge to the thyrde sygnyfycacyon of this worde lex and otherwhyles to the laste sygnyfycacyon of the sayd worlde as it shall be opened and declared more largely in the. viii the. ix of the seconde diccion Certeyne of y t sayd lawes or sectes as touchynge or accordynge to the trouthe and other certayne of theym after or as touchynge to a false Imagynacyon or fantasye and a vayne promyse Thus then there is a certayne rule or a lawe of the Cyuyle actes of men and what it is it appereth euydently of these thynges whiche we haue no we sayde ¶ Of the necessyte of makynge lawes takynge this worde in his moste proper sygnyfycacyon and that it is expedyent no Prynce or gouernour be he neuer so moche vertuous ryghtu ous to gouerne without lawes The xi Chapytre HOwe that we haue thus dyuyded this worde Lawe in to his accepcions or sygnyfycacions we wyll shewe the fynall cause wher fore it is necessarye that Lawes be hadde-takynge this worde in his laste and moste propre sygnyfycacyon The moste pryucypall cause is the Cyuyle ryghte and the coÌ„men vtylyte or profyte the nexte cause to this is a certayne securyte of the Prynces or gouernoures specyally of and namely of those whiche are gouernoures by inherytaunce and successyon of blode and also the diuturnite or longe contynuaunce of theyr gouernaunce and power or auctoryte That it is necessarye to haue lawes for the former cause that is to wytte for the Cyuyle ryght and coÌ„men profyte I proue it thus for it is necessary to ordeyne that thynge in a coÌ„men weale or cyuyle coÌ„mynalte without whiche Cyuyle iudgementes can in no wyse be well gyuen and by whiche they be gyuen duelye and so as they ought to be and by whiche also they be preserued from defalte as moche as is possyple to the Actes of men But suche maner thynge the lawe when the gouernour is appoynted to gyue cyuyle iudgementes accordynge to it ergo the instytucyon or makynge of a lawe is necessarye in a coÌ„men welthe The fyrste proposicion of this syllogisme is in a maner euydent and knowen of it selfe and very nere vnto the fyrste pryncyples as they are called whiche can not be proued by any thynge more euydent then they be them selues the certentie wherof also ought and maye be taken of the. v. chapitre of this diccion and the. vii parte therof The seconde proposycion of this demonstracyon shall be made euydent by this sayeng that to the completemeÌ„t of a iudgement in goodnes that is to saye to this that any iudgement be perfectely good is requyred ryght and vncorrupte affeccyon of the iudges and also true knowledge of the thyngê that be to be iudged the contraries of whiche two thynges done corrupte cyuyle iudgementê For the croked wronge lewde affeccyon of the iudge as hatted loue or couetousnes puerteth y e desyre of the iudge But al these thyngê be kept away from iudgement iudgment is preserued from these when the iudge or gouernour shal be appoynted or assygned to gyue iugementê accordynge to the lawes because the lawe is without all peruerse affeccyon for it is not made onely for the frende or for the enemye or for hym that dothe good or hym y â— doth hurte but it is made vnyuersally or generally for hym who soeuer he be y t doth Cyuylye wel or cyuylye euyll for all the other thyngê ar but accidentall to the lawe without the lawe but they be not so without the iudge for the persones whiche be sette to be iudged maye eyther be frendes or enemyes profytable or noysome persones to hym that sytteth as iudge by gyuynge or promysynge somwhat eyther good or euyll to hym And so lykewyse in all suche intencyons whiche maye cause in a iudge affeccyon peruertynge or corruptynge his iudgement For whiche consyderacyon no maner iudgement as moche as possyble is oughte to be coÌ„mytted and put all togyther to the arbytrement or wyll pleasure of the iudge But oughte to be determyned by the lawe and sentence or iudgement to be pronounced and gyuen of them accordynge to the same lawe And this was the sentence of Arystotle in the thyrde of his Polytykes the. xi chapytre wherin purposynge to serche out wherther it is better for a coÌ„men wele to be gouerned of the beste man without any lawe or elles of the beste lawe he saythe in this wyse that thyng is better to gouerne or to be iudge whiche hathe no passyon at all that is to saye no maner affeccyon whiche maye peruerte the iudgement than that thyng whiche hath passyons in hit selfe by nature but the lawe is without all suche maner passyon or affeccyon and the mynde of euery man muste nedes haue passyons in it he sayth of euery man exceptyng no man be he neuer so vertuous whiche sentence he repetynge agayne in the fyrste boke of his Rhetorikes and the fyrste chapytre sayth thus Omnium quidem maximuÌ„ querâ—tur scilicet nihil asque lege iudicandum relinque debet arbitrio iudicaÌ„tis c. That is to say of all thynges it is moste necessarye that no thynge be lefte to the arbytryment or pleasure of the iudge to be iudged without a lawe Quia iudicium legislatoris c. for the iudgement of the lawe maker that is to saye the lawe is not made for any pertyculer person but it is of thynges to come and of generall thynges but the offycer and the iudge syttynge in iudgement do iudge of thyngê present of determynate or ê‘tyculer thyngê to these that is to wyt to the gouernour and iugde is oftentymes annexed loue or hatred desyre of theyr owne synguler profyte so that they can not yet suffycyently se the trouthe or ryghte in iudgement but dothe regarde and hathe respecte in iudgemente to theyr owne propre pleasure and profyte or elles theyr owne dyspleasure and dysprofyte and this also he sayth in the same fyrste
yet hauynge no coactyue powre in this worlde to coÌ„pell any man to the obseruynge of the preceptes and coÌ„maundementes of the same lawe For it shuld be in vayne and to none effecte to compell any man vnto the obseruynge of them For to hym that shulde obserue them onely by compulsyon they shulde be nothynge auayleable vnto eternall helthe as we shewed before euydently by the auctorytie of Chrysostome and also of the apostle Paule in the. v. chapytre of this dyccyon And therfore this iudge is conuenyentlye lykened to a physycyon or leche whiche hathe auctorytie gyuen to hym for to teache or coÌ„maunde and to prenostycate or iudge of those thynges whiche are profytable to be done or to be lefte vndone for the optaynynge and gettynge of bodely helthe and the aduoydynge of death and syckenesse whiche shulde chaunce to hym for the whiche cause Chryste also in the state and for the state of this presente lyfe called hym selfe a physycyon or leche not a prynce or a iudge And therfore he sayd vnto the pharyseys speakyng of hym selfe as it was brought in in the chapytre afore gone They nede not a leche whiche are in helthe but they whiche are sycke and dyseased For Chryste hath not ordayned that any man shulde be compelled in this worlde to the obseruacyon of the lawe made by hym And therfore he hathe not ordayned any iudge spyrytuall hauynge coactyue powre to punysshe the transgressours of this lawe in this worlde wherfore it is to be marked and taken hede of that the lawe of the gospell may be two maner wayes compared vnto the men vpon whome it was made by chryste One waye it maye be compared to them in the state and for the state of this presente lyfe And in this comparyson it maye rather be called a speculatyue or a practyue doctryne or elles bothe than a lawe taken in his propre and last sygnyfycacyon albeit that it maye be called a lawe after other sygnyfycacyons of the same worde as after the seconde and the thyrde sygnyfycacyons of whiche we haue spoken in the. x. chapytre of the fyrste dyccyon And the cause of this whiche we haue sayde is this for that the name of this worde lawe in his thyrde sygnyfycacyon belongeth onelye to a coactyue rule that is to wytte such a rule accordynge to whiche the transgressoure is punysshed by powre coactyue gyuen to hym whiche ought to iudge accordynge to the same rule But nowe by the lawe of the gospell or by the lawe maker therof it is not coÌ„maunded that any man shulde be compelled of any spyrytuall man in this worlde to obserue those thynges whiche are coÌ„maunded in the same lawe to be done or to be lefte vndone in this worlde And therfore it beynge compared to the state of man in this worlde and for this worlde ought to be called a doctryne and not a lawe but onely after suche maner as we haue sayde And this was the mynde of the apostle in the thyrde chapytre of the seconde epystle to Tymothe All scrypture inspyred from god aboue is profytable to teache to argue or proue to rebuke to instructe in ryghtuousnesse But he neuer sayde that it was profytable to compelle or to punysshe in this worlde wherfore in the fyrste chapytre of the seconde epystle to the Corynthyanes the apostle sayth not because we are lordes and gouernours ouer your faythe but we are helpers or comforters of your Ioye Because you stande in faythe where saynt Ambrose as we haue shewed before in the. v. chapytre of this dyccyon and it greueth me not to reherse the same often tymes agayne sayth these wordes and lest the Corynthyanes myght be myscoÌ„tent and angrye as yf the apostle had taken vpon hym to be lorde ouer them Because he had sayd it was for the sparynge of you that I haue not come therfore the apostle sayth followyngely I do saye these aforesayd wordes it was for the sparynge of you and not because your fayth suffereth any domynyon or compulsyon whiche is a thynge of freewyll and not of necessytye But I speake these wordes therfore because we are helpers yf you wyll worke with vs. c. Loo here he sayth helpers that is to wyt by our doctryne and he saythe also yf you wyll worke with vs whiche nowe do stande in faythe that worketh by loue and not by domynyon or compulcyon An other maner way the scryê‘ture or the lawe of the gospell maye be compared vnto men for the state of them in an other worlde in whiche worlde onely and not in this they shal be payned and punysshed whosoeuer hath transgressed and broken the sayd lawe in this worlde and so it maye well be called a lawe in his moste propre sygnyfycacion And he that iudgeth accordynge to it whiche is chryste maye than be called a iudge in the moste propre sygnyfycacyon of this worde because he hathe coactyue powre after the thyrde sygnyfycacyon of this worde But the preeste or bysshop who euer he be for asmoche as he dothe rule and ordre men accordynge to this lawe onely in the state of this presente lyfe althoughe it be to the lyfe to come neyther is it graunted to hym by the iÌ„medyate maker of this lawe that is to wyt chryste for to punysshe a man accordynge to it in this worlde therfore the preeste or bysshop is not called a iudge properly in his thyrde sygnyfycacyon as the whiche hathe not coactyue powre and neyther maye neyther ought to punysshe any man by suche maner iudgement in this worlde with eyther reale or personall payne or punysshement And in this or in lyke maner any doctour or teacher operatyue as a physycyon is in comparyson to the iudgement of the bodely helth of men hauynge no powre coactyue of any man as we haue sayde aboute the begynnynge of this present chapytre And this was also the sentence of saynt IohnÌ„ Crysostome playnlye openly agreynge to the mynde of the apostle in the fyrste chapytre in the seconde epystle to the Corynthyanes in his boke of dyaloges whiche is also entytled of the dygnytie of preesthode in the seconde boke and the thyrde chapytre But the ordre of his wordes which we haue brought in heretofore in the. vi parte of the. v. chapytre of this dyccion we haue not rehersed agayne here for cause of shortnesse but these wordes of his whiche folowe nexte after the aforesayde texte we haue put here and they be these For this cause than there is moch nede sayth he of the helpe of crafte and coÌ„nynge that men may be perswaded and brought in mynde whan they be sycke of theyr owne accorde and frewyll to offre them selfe to the leche crafte or physyke of preestes and not onelye this but also that the preestes maye do good and be gentle to them that are to be cured For whether any man wolde starte backe whan he is bounde for verely in this thynge he hath powre free lybertye
the powre therof belongeth onely to hym that is gouernour and not to any preeste or bysshop for that they offende or trespasse agaynst goddes lawe whiche compared vnto men in the state and for the state of this present lyfe is a lawe but not after y e last sygnyfycacion of this worde hauynge coactyue powre of any man in this worlde as it appereth by the chapytre last afore gone and by the. v. chapytre of this dyccyon but it is called a lawe after the thyrde sygnyfycacyon of this worde as it appereth in the. x. chapytre of the fyrst dyccyon Accordynge to whiche lawe preestê euen in this worlde are iudges after the fyrste sygnyfycacion of this worde iudge or iudgement hauynge no coactyue powre as it hathe ben shewed in the. v. chapytre of this dyccyon in the chapytre laste afore gone by the auctoritie of the apostle of Ambrose Hilarie and Crisostome for yf they were coactyue iudges or gouernours ouer heretykes because such do trespas agaynst the dyscyplyne wherof they be teachers and workers teachynge many thynges to other men accordynge to the same dysciplyne than by the same reason the goldfyner or the goldsmyth shulde be coactyue iudge gouernour ouer hym that is a false counterfaytour of golden cuppes whiche is agaynst reason greatly By the same reason also the physycion myght punysshe them that worke not aryght accordynge to the arte and scyence of physyke And than shuld there be as many gouernours coactiue as there ben offyces or occupacioÌ„s in a cytie agaynst the whiche it myght chaunce any man to trespasse or offende whiche thynge we haue shewed to be impossyble superfluous in the xvii chapytre of the fyrst dyccyon for those that trespas or offende agaynst the offycê occupacyons craftê in the cytie shulde not be coarted or punysshed vnlesse there be somwhat elles coÌ„mynge betwene as for example the precepte of the humayne lawe made by the auctorytie of the prynce For yf such maner offences were not prohybyted by the lawe of man they that do coÌ„mytte such offences ought not in any wyse to be punysshed This y t we haue sayd may be proued declared by a famylyare exaÌ„ple for I put the case that it were forbydden by the lawe of man that persons infecte with leprye shulded well or abyde amonge other cytezens myght the physycion or leche which alone can iudge theyr syckenesse accordyng to his facultie scyeÌ„ce that is to wytte whether they be full of leprye or not by coactyue powre of his owne auctorytie because he is a doctour of physyke dryue them whome he shall iudge by iudgemeÌ„t of the fyrst sygnyfycacion to be full of leprye from the felowshyp coÌ„pany of other men c. It is euydent vndoubted that he myght not do so But to do this thynge belongeth onely to hym to whome the costume of the humayne lawe coactyue is coÌ„mytted that is to wyt to y e gouernour for it is not lawfull for the people or for any coÌ„pany pryuatefy to iudge or to coarte or punysshe any man but onely to the cheyfe gouernour whiche gouernour for al this coÌ„cernynge the crymes or trespasses offences wherof any man is accused and coÌ„cernyyge the nature of the same accordynge to the determynacion of the lawe yf it speake of this thynge which doubtelesse it shal do yf it be a perfyte lawe or els by his owne wysdome yf it be not spoken but lefte out in the lawe ought to vse to gyue credence to the iudgement of the lerned men suche as be well skylled in the artes or scyences whiche treate of the nature of suche workes dedes or wordes as to the iudgement of a physycyon concernynge the persons whiche be full of leprye or which be not so to the iudgemeÌ„t of a dyuyne of synners which are fygured or sygnyfyed by leprouse persons in the holy scrypture after the exposycion of sayntê Lykewyse also he ought to beleue y e iudgemeÌ„t of the goldsmyth coÌ„cernynge the deceytfull counterfaytynge of golden cuppes or of other metallê semblably to any other maner lerned or coÌ„nynge man after the other kyndes of thyngê that maye be done or wrought So than the physycyon of soules y t is to wyt the preest ought to iudge of heretykes or infydels by iudgement of the fyrste sygnyfycation that is to wyt in pronouÌ„cynge declarynge by the worde of god whiche sayenge or whiche dede is heretycall whiche not But to iudge of suche persones by iudgement of the thyrde sygnyfycacion that is by daÌ„pnynge or absoluynge them from temporall payne or punysshement or to coÌ„pell them whiche shall be dampned suffre such payne or punysshement to applye the paynes exacted for these crymes yf there be reall as well as other paynes which are exacted requyred for other crymes offences accordynge to the determynacyon of the lawe of man All these thynges I say belonge onely to the prynce gouernour or his deputie And to these thynges whiche we haue sayde the scrypture beareth wytnesse in the. xxv chapytre of the actes of the apostles For whan the apostle was accused of the Iewes for an heretyke thoughe falsely wrongfully the inquysycyon deduccion applycacion determynacyon of this cause was made a fore a iudge to a iudge by a iudge therunto ordayned apoynted by the auctorytie of the gouernour Lykewyse as to other coÌ„tencioÌ„s or cyuyle actes or dedes And it is no mastery to assoyle the reasons or obieccyons made coÌ„trary to these determynacyons for whan it was sayde that the iudgement of the heretyke belongeth vnto hym as iudge to whome it beloÌ„geth to knowe the cryme of heresy here is a dystynccyon to be made because of the equyuocacyon or manyfolde sygnyfycacion of this worde iudge or iudgement after one sygnyfycation of these wordê that is to wyt the fyrst y e ê“posycion aforesayd is true after an other sygnyfication of this word iudgemeÌ„t y t is to wyt y â— thyrd y e sayd ê“posycion is false And therfore nothynge can be coÌ„cluded agaynst our determynacion of this proposycyon afore alledged And to the other obieccyon which foloweth that to hym belongeth the iudgement of the trespasser the exaccion of the payne the applycacion of y â— same yf he be reall agaynst whome whose lawe the trespasser doth offende And than whan it is sayde afterwardes y t the heretyke trespasseth offendeth agaynst the lawe of god it is to be graunted therfore he shal be iudged by hym that is iudge of the thyrde sygnyfycacion accordynge to that lawe that is to wyt by chryst in an other worlde but not in this excepte it be by mannes lawe But neyther preeste neyther any bysshop is suche a maner iudge of the lawe of god but onely a iudge in the fyrst sygnyfycacion for that he is a teacher therof namely yf this lawe be coÌ„pared to men in the state and for the state of
lyke maner For the fyrst proposycyon of this reason may be impugned and proued false many maner wayes And as touchynge the seconde proposycyon of this reason where it is sayde that corporall thynges are vnder sprytuall thynges yf by this wordes be vnderstanded that they are lesse perfyte it ought to be graunted yf these wordes sprytuall and temporall be taken in in theyr propre sygnyfycacyons But whan it is sayde afterwardes that the bysshop of Rome is prynce or iudge of sprytuall thynges yf this worde iudge be taken accordynge to his fyrst sygnyfycacyon and as speculatyue or operatyue iudge of these thynges it is true that the bysshop of Rome and any other bysshop is or oughte to be suche maner iudge And hereof it is concluded that he is perfyter than that man whiche iudgeth by suche maner iudgement onely of corporall thynges Namelye because of the goodnes of the thyngê whiche are iudged But it foloweth not herefore that suche maner iudge of sprytuall thynges is superyour to the other maner iudge in iurysdyccyon or coactyue iudgement For so he that consydereth sensyble creatures shuld be prynce or coactyue iudge of the astronomer or geometrycyon or contrarywyse and yet neyther of these for all that is necessary true but yf they do inten de or meane that the bysshop of rome or any other bysshop is iudge of spyrytuall thynges after the thyrde sygnyfycacyon of this worde that is to wyt coactyue iudge than this proposycyon is to be denyed as beynge manyfestlye false as we haue alledged here tofore of the. iiii of Iames both in this chapytre and also in the. ix of this dyccyon For chryste onely is suche maner iudge vnto whom we neuer haue denyed neyther do denye the iudge of this worlde to be subiect as touchyng to coactyue iurysdyccyon for the state of the worlde to come wherfore the apostle in the. vi to the Ephesyans and in the laste chapytre to the Collossyanes saythe thus Theyr lorde or mayster and youres is in heuens other than onely Chryst wherfore the iudges of this worlde shall be iudged of this iudge onely by coactyue iudgement And they whiche haue offended shall be ponysshed by coactyue ponysshement but yet in an other world according to his owne lawe as it hath appered in the. ix chapytre of this dyccyon This sayd reason therfore is a gylefull reason and dyd begyle by the reason of equyuocacyon or manyfolde sygnifycacyons of this worde iudge And as touchyng to that argumeÌ„tacion or reason whiche sayth that as the one ende hath it selfe in comparyson of the other ende the one lawe in comparyson to the other lawe so lykewyse the one iudge hathe hym selfe in comparyson to the other iudge this proposycyon yf it be taken generally may be denyed but yet yf it be graunted taken indefynytly and the seconde proposycyon ioyned vnto it it foloweth and is concluded peraduenture in good materyall consequence or argument that he whiche is coactyue iudge accordyng to the lawe of god that is to saye chryste is superyour to hym that is coactyue iudgs accordynge to the lawe of man that is to saye to the prynce or prynces whiche thynge we haue graunted here before And than yf it be sayde moreouer that the bysshoppe of Rome or any other bysshoppe is iudge accordynge to the lawe of god A dystynccyon is to be made of this proposycyon because of the many folde sygnyfycacyons of this worde iudge And it is to be denyed in that sence accordynge to whiche the maker of the argument gothe aboute to conclude that the bysshoppe of Rome or any other bysshoppe is coactyue iudge in this worlde or in the world to come accordyng to the lawe of god And as touchynge to that reason which sayth that he whose accyon or operacion is the more noble oughte not to be subiecte as touchynge coactyue iurysdyccyon vnto hym whose accyon or operacyon is the lesse noble or the lesse perfyte that the accyon or operacyon of a bysshoppe or preeste is more noble than the operacyon of a prynce or seculer gouernoure for it is a more noble and a more perfyte thynge to consecrate the sacrament of the aulter and to mynystre the other sacramentes of the churche whiche is the worke of a bysshop or preest than to iudge and gyue coÌ„maundementes of the cyuyle or contencyouse actes of men whiche is the worke of a prynce or gouernoure or of hym that hath coactyue iurysdyccyon onely in that he is such one the fyrste proposycyon of this reason or argument is false and to be denyed yf it be taken generally as it must nedes be taken here for elles this reason shuld not haue coÌ„uenyent forme And y e seconde proposycyon also yf it be taken generally for what soeuer preesthode or preest maye lykewyse be proued false by manyfolde reasons For the accyon of preestes in other lawes is not nobler than the accyon or operacyon of the prynce or seculer gouernoure as the contrarye hath ben before shewed and proued in the. xv chapytre of the fyrste dyccyon or parte But in the lawe of chrysten men onely the operacyon of preestes is the moste perfyte operacyon whiche thynge for all that we do holde by faythe onely The fyrst proposycyon therfore of this argumentacyon is false for nothynge letteth but that he whiche hath the more noble and more perfyte operacyon absosutly maye in some thynges and some maner waye depende of hym that hath the lesse perfyte operacyon And so in some poynte and some maner waye be more vnperfyte For the bodye of man whiche absolutlye is more perfyte than all maner bodyes outher symple or composyte and myxte at the lestewyse whiche are generable as touchynge to some thynge that maye be assygned is lesse perfyte than many symple or myxte bodyes This also maye we se in the partes of one hole thynge For thoughe the iye be a membre or a parte more perfyte than the hande or the fote because it worketh a more perfyte operacyon yet neuerthelesse it hangeth of them and receaueth some operacyon or mouynge of them And they lykewyse agayne do depende of the iye For by the iye they are dyrected vnto the ende vnto the whiche they moue or are moued so also the apostle sayde in the. xii of the fyrste to the Coryntheanes But the iye can not saye to the hande I nede not thy helpe or laboure And after this or lyke maner verelye the prynce and gouernoure also dependeth and receaueth some thynges by the accyons or operacyons of some inferyor partes of the coÌ„munyte of whiche we haue spoken in the. v. chapytre of the fyrste dyccyon howebeit not as touchynge to coactyue iudgemente And yet do those inferyor partes of the comunyte as touchynge to some better and more perfyte thynge and as touchynge to coactyue iudgement depende of the prynce and gouernoure as it hath ben shewed in the. xv of the fyrst dyccyon So than preest hode or preestes
vnder y e coÌ„miÌ„cacion of eternal payne to euylldoers and of eternall rewarde to well doers wherfore they sayde of dyuersemen whiche had ben vertuouse whyles they lyued in this worlde that they were placed or set in the fyrmament of heuen And hereof peraduenture came the names to certayne of the sterres and constellacyons or fygures celestyall And of those that wrought vngracyously whyles they lyued in this worlde they sayd of some that theyr soules entred in to dyuers bodyes of brute bestes as that in to the bodyes of hogges entred the soules of them whiche had ben glotons and inteÌ„perante in thynges apperteynynge to tastynge as meates drynkes and suche other thynges And that in to the bodyes of gotes entred the soules of them which had ben lecherouse and intemperant in thynges apperteynynge touchynge and flesshely luste and so semblable the soules of other men in to the bodyes of other beastes accordynge to the proporcyon and lykenes of meÌ„nes vyces vnto the daÌ„nable and vyle properties of the brute beastes After the same maner also they assygned dyuerse kyndes of tormentes ordeyned for the wycked or euyll workes of men as for example to intemperant Tantalus perpetuallhongre and thyrst hauynge water and frute present and nere vnto hym wherof he maye neyther eate ne drynke because euer as he maketh any profre towardes them they do flebacke from hym farther than that he maye reche to them They sayd also that there is a certayne place of suche tormentes both depe and full of darkenes whiche they called Tartara in englysshe it maye be called helle descrybynge suche maner tormentes after the moste terryble and hatefull fascyons that they coulde Imagyne by reason of the feare of whiche tormentes men eschewed to do euyll and vycyouse workes and were excyted to doo vertuouse workes of charytie mercy or pytie and were also well disposed and ordred them selfes and other men And by the reason of thyse thynges many contencions and iniuryes were ceased in the coÌ„munyties by reason wherof bothe peace and the tranquyllytie of cyties and the suffycyent lyfe of men for the state of this present worlde was withlesse dyffycultie and the more easely kepte whiche was the thynge fynallye intented of those wyse men by the makynge of suche maner lawes or sectes The offyce therfore of the hethen preestes amonge the gentyles was the gyuynge teachynge of suche maner preceptes for the teachynge wherof they ordeyned in theyr coÌ„munyties temples in whiche theyr goddes were worshypped and dyd appoynte therto teachers of the sayde lawes or tradycyons whom they called Sacerdotes preestes because they medled and had the ordrynge of the holy thynges apperteynynge to the temples as of the bokes of the vesselles of suche other thyngs whiche serued to the honourynge and worshyppynge of goddes Thyse thynges verely they ordred semyngly and syttyngly accordynge to theyr faythe custome and vsage for they dyd not instytute and admytte all maner of men to be preestes but onely they instytuted certayne vertuouse and approued Cytyzens to be preestes whiche had ben of the offyce of Chyualrye or of the offyce of Iuges Cytyzeyns I saye whiche had forsaken or gyuen ouer secularie or wordely busynes and whiche were no we excused from cyuyle offyces and workes because of theyr great age For of suche maner men than beynge separate and free from passions and to whose sayenges the more credence was gyuen because of theyr age the grauyte of theyr maners It was semely accordyng that the goddes shuld be honoured or worshypped the holy thynges of them to be handeled and ordred and not of handy craftê men hyred labourers or other whiche had exercysed vyle and fylthye offyces wherfore Arystotle in the. vii boke and the. ix chapytre of the Polytykes saythe thyse wordes folowynge For neyther an husbande man neyther an artyfycer or handye craftes man is to be made or ordeyned a preeste But for as moche as the gentyles with all other lawes and sectes of men whiche are no we or haue ben in tymes paste besydes the catholyke Chrysten faythe or besydes the belyfe of the holye fathers whiche was afore the chrysten faythe and to speake generallye for as moche as all that are or hathe ben without or besyde the tradycion of those thynges whiche are conteyned in the holy Canon called the Byble had not the ryght opynyon of god whiche ought to be had of hym in that they folowed the wytte of man or false prophetes maysters and teachers of errours and therfore also neyther theyr opynyon was right of the lyfe to come neyther of the felylytie or myserye of the same neyther of the true veray preesthode instytuted and ordeyned therfore yet neuerthelesse we haue spoken of theyr vsages and ceremonyes to the entent that the difference of theyr preesthode from the true preesthode that is to wytte from the preesthode amonge Chrysten men and to the entent also that the necessytie of the parte or offyce of preestes to be had in coÌ„munyties maye the more euydently appere ¶ Of the fynall cause of a certayne parte of a cytie or cyuyle coÌ„munytie that is to wytte the offyce of preestes whiche cause maye be proued by the tradycyon or imdyate relacyon and scrypture of god but it is impossyble to be proued by mannes reason ¶ The vi Chapytre HOwe it remayneth to speake of the fynall cause wherfore the veray and true offyce of preestes hathe ben instytude in the coÌ„munyties of chrysten men This fynall cause was to moderate and gouerne maÌ„nes actes and appetytes as well inwarde as outwarde by knowledge to the ende that they so moderated and temperated by knowledge mankynde is ordeyned to the best lyfe of the worlde to come And therfore we muste attende and consydre well that albeit the fyrste man Adam was created pryncypally for the glorye of god as other creatures were yet for all that he was created after an other synguler maner a specyall dyuers fascyon from all other kyndes of corruptyble and mortall creatures for he was created and made to the Image symytude of god to the ende that he shulde be apte to receyue be parte taker of eternall felycytie after y e state of this present world he was made also in the state of Innocencie or of orygynall Iustyce and also of grace as some sayntes do probablye saye and certayne also of the cheyfe doctoures or teachers of holy scrypture In which state veryly yf he hadde coÌ„tynued neyther he neyther any of his posterytie shuld haue neded the instytucyon or destynccion of cyuyle ê‘tes or offycê because y e nature shuld haue brought forth to hym all thyngê mete coÌ„uenyent pleasurefull to the suffyciencie of this lyfe in paradyse terestryall or in the gardyne of pleasure withoute any maner payne or werynes of hym But because he corrupted and destroyed his innocencie or orygynall Iustyce and grace by the eatynge of the forbydden frute
boke and the seconde chapytre when he sayth thus we do not gyue lyke maner iugementes when we be glad or mery and whan we be sad or sorye whan we do loue and whan we do hate agayne the iugemente is corrupted otherwhyles by reason of the ignoraunce of the iudges all thoughe they be of good affeccyon or intencyon whiche euyll or defaute is taken awaye and is supplyed by the lawe because in it is determyned in a maner parfyghtly what is ryght and what is wronge what is profytable and what is noysome or hurtfull as touchynge to euery one of the cyuyle actes of men But this thynge coulde not be suffycyently done by any one man alone nor yet peraduēture all the men of any one tyme coulde not be able to fynde out and deuyse or to kepe and holde in rememberaunce all the cyuyle actes whiche are determyned in the lawe ye moreouer all that euer the fyrste fynders out or deuysers and also all the men of the same tyme whiche obseruyd and marked the cyuyle actes of men dyd saye of them was but a very small thynge an vnperfyghte whiche afterwarde was made perfyghte and fynysshed by the addycyons of those men that came after theyr tyme which thynge it is easye ynoughe to perceyue by the experience that we haue had as in that that some thynges haue ben added to the lawes and some thynges taken awaye from the same other whyles howe the lawes hathe ben chaunged in to the cōtrary accordynge to the dyuersyte of ages and also accordynge to the dyuersyte of the state of tymes euen in one the same age and hereunto Arystotle beareth wytnesse in the seconde boke of his polytykes and the thyrde chapytre whan he sayd thus this thynge we ought to knowe that we ought to haue respecte and to loke vnto longe tyme and to many yeres aforegone in whiche yeres we muste knowe whether these thynges haue done well or els no that is to wyt these thynges whiche ought to be instytuted and ordayned as lawes the same he sayth also in the fyrst boke of his thetorykes and in the fyrst chapytre Afterwardes he sayth geuynge of lawes are made of thynges which hath ben consydered and had in delyberacyon a long season And this thynge is confyrmed by reason for the makynge or gyuynge of lawes requyreth and nedeth prudence and wysdome as it appered heretofore of the descrypcion of this worde lawe and wysdome requyreth longe experyence and experyence requyreth longe tyme wherfore in the. vi boke of the Ethikes and the. viii chapytre it is wryten thus A token of this whiche we haue sayde is this for many yonge men are geomatricions and mathematycans wyse or hauynge knowlege in suche thynges but not therfore euen by and by prudent the cause hereof is because that prudence is of synguler or pertyculer thynges whiche are made knowen by experyence nowe a yonge man wanteth experyence for it is longe contynuaunce of tyme that causeth or maketh experyence And therfore that whiche one man alone fyndeth out or may knowe by hym selfe alone as well in the knowlege of thynges which are ryghtuous and profytable in a cyuyle cōmunyte as in other sciences is very lytell or els no thynge Agayne also that which the men of one age or tyme can obserue or marke is but an vnperfyghte thynge in comparyson of that thynge whiche is obserued or marked of men of many dyuers ages or tymes and therfore Aristotle treatynge of theinuencyon and fyndynge out of the trouth as touchynge to euery arte or dyscyplyne and scyence in his secōde boke of Phylosophie and the fyrst chapitre sayth thus as concernyng the inuencyon of any arte or scyence deuysed by one mans wyt onely lytle or no thynge of the assured truthe in the same scyence can be founde by hym but y t that is gathered togyther in the same scyence by the wittes of many men may drawe to some quantytie of truthe But after the translacyon out of the arabical tonge this texte is more open and playne the meanynge wherof is this eche one of them that is to wyt of the deuysers and fynders out of any maner arte or dyscyplyne perceyued outher very lytell or els nothynge of the verytie or trouthe But whan all those thynges shal be gathered togyther whiche al men hath comprehēded obserued or marked than the hoole shal amounte to sūme quantite or greatnes whiche thynge maye be moste euydentlie perceyuyd by the scyence of Astronomye so than by the helpe that men haue had amonge them selues eche one of other and by the addycyon of the thynges afterwardes founde vnto the thyngs afore founde all craftes and dyscyplynes hathe receyued they pefeccyon whiche thynge Arystotle fygurallie by an example declareth in the same place aboute the inuēcyon or fyndynge of Musyke whan he sayd yf Timotheus had not ben we shuld not haue moche melodie or we shuld lacke a great parte of musyke but yf Phrynes had not ben Tymothe shuld neuer haue ben so perfyghte in melodyes that is to wyt yf he had not had the thynges inuented afore by Phrines whiche wordes Auerois expoundynge in the seconde cōmente sayth thus And that whiche Arystotle saythe in this chapitre is euydent and manyfeste for no man may or is able by hym selfe to inuente or fynde out the practyue or speculatyue scyences for the more parte for they are not made complete or perfyghte but by the helpe which he that was before-hath lefte to hym that foloweth or cōmeth after And the same he sayth in the last chapytre of the seconde boke of the Eleuches of the inuencyon of Retoryke and of all other scyences howe soeuer it be of the inuencyon of Logyke whiche Aristotle ascribeth perfyghtlie and holye to hym selfe alone without y e inuēcyon or helpe of any other man y t was afore his tyme wherin he semeth to haue ben syngulare amonge all other but this he saythe in the. viii boke of the Etikes the fyrst chapitre Two men ioynynge them selues togyther may or are able to do and to perceyue more vnderstāde thou than one man alone But yf it be so that two men may do and perceyue more moch more than moo than two both togyther and also successyuelie may do and perceyue more than one man alone and this is it whiche Aristotle saythe concernynge this present purpose in the thyrde of the politikes and the. xi chapitre But perauenture it shall seme to some man agaynst reason that one man shulde perceyue dyscerne better iudgynge with ii iyes and. ii eares or els that he shulde worke better with his ii feete and. ii handes than many men with many iyes eares feete and hādes for as moche therfore as the lawe is an iye made of many iyes that is to saye a comprehencyon or knowlege examyned of many comprehensyons to the auoydynge of erroure aboute the cyuyle iudgmentes
shewe to what persone or persones the auctoryte belongeth of gyuynge suche maner precepte and of ponysshynge the transgressours of it whiche thyng is nothynge elles but to make inquysycyon and to serche out who is the gyuer or maker of the lawe And lette vs saye accordynge to the trouth and to the counsayle of Arystotle in the thyrde of his politikes and the syxte chapytre that the lawe maker or the chefe and propre cause effectyue of the lawe is the people or the hole multytude of the cytezens inhabytauntes or elles the byggest parte of the sayde multytude by theyr eleccyon or wyll by wordes expressed in the generall congregacyon parlyamente or assemble of the coÌ„munes coÌ„maundynge or determynynge any thynge to be done or to be lefte vndone aboute the cyuyle actes of men vnder a temporall payne or ponysshement the bygger parte I meane the quantyte consydered in that coÌ„munyte vpon whiche that lawe is gyuen whether the hole multytude aforesayde of the people in that coÌ„munyte or elles the bygger parts therof do this by theyr selfe imedyatly or elles shall haue coÌ„mytted it to some persone or persons to be done of hym or them which persone or persons are not neyther maye be vtterly and holly and generally the maker of the lawe but they are onely after a certayne maner and otherwhyles and by the auctoryte of the pryncypall lawe maker and consequently to this I do saye that by the same pryncypall auctoryte and by none other the lawes ought to take theyr necessary approbacyon Moreouer I saye that of the same auctoryte the lawes ought to take addycyon or dymynucyon or theyr hole mutacyon interpretacyon suspencyon accordyngly as the places and tymes and other cyrcumstances dothe requyre to whiche any of these aforesayde thynges shal be mete or conuenyent for the commune profyte and by the same auctoryte also the lawes ought to be publysshed or proclaymed after the instytucyon of them lefte any man outher cytezen or straunger trespassynge agaynst them myght be excused by the ignoraunce of them And a cytezen or coÌ„muner which in the latyn worde is called ciuis I call hym accordynge to the mynde of Arystotle in the thyrde boke of his politikes and the fyrste the thyrde and the. vii chapytres whiche is in habylytie to be part taker in the cyuyle coÌ„munyte of the publyke powre auctoryte of counsaylynge of iudgynge gouernyng or bearyng offyce accordyng to his degre by whiche discripcion chyldren are excluded bondmen strauÌ„gers women from y e name of cytezens or coÌ„muners though after a dyuers maner for y e chyldren of cytezens or coÌ„muners fre men are ciues in potencia propinqua that is to say in a nyghe possybylyte wantynge nothynge but onely suffycyent age and dyscrecyon And whiche is bygger parte of the cytezens we muste consydre iudge accordyng to y e honest custome vsage of y e cyuyle coÌ„munytes or els we ought to determyne it accordynge to the mynde of Arystotle in the. vi boke of his politikes the thyrde chapyâ— Nowe therfore after we haue thus determyned what is a cytezen what is the stronger and bygger partye of cytezens or coÌ„muners let vs nowe retorne to our purpose intended that is to wytte to shewe by demonstracyon that the humayne auctoryte of makynge lawes appertayn to the hole multytude of cytezens or coÌ„muners fre men or els to y e bygger parte of them assembled in the parlyament whiche we shall go about to proue fyrst in this wyse for vnto them beloÌ„geth the fyrst very pryncypall humayne auctoryte of y e makynge instytucyon of humayne lawes of whome onely the best lawes maye procede and be brought forth but suche is the hole multytude or congregacyon of cytezens or the bygger parte of it whiche representeth the hole multytude for it is harde or vnpossyble that all the persons in a coÌ„mune weale shulde agre vnto one sentence be all of one mynde because of the vnperfyte nature of certayne men outher of malyce or els throughe ignoraunce dyscordynge and dysagreynge from the coÌ„mune sentence or iudgement for all whose vnresonable contradyccyon and gaynsaynge the coÌ„mune vtylytes or profytes ought not to be letted or lefte vndone wherfore it maye be concluded that vnto the hole congregacyon or multytude of cytezens or fre men or elles to the bygger parte of them gathered in the parlyament belongeth the auctoryte of instytucyon or makynge of lawes The fyrste proposycyon or as they call it y e maior of this demonstracyon is in a maner euydent ynough of it selfe and very nere to those whiche are called pryncyples albeit the strength and vttermost certaynte of it maye be taken of the. xi chapytre of this dyccyon and the seconde proposycyon called the minor that is to wyt that by the hearynge and coÌ„maundement of the hole multytude onely the best lawe is instytuted or made I proue supposynge with Arystotle in the thyrde of his positikes and the. viii chapytre that lawe to be beste whiche is gyuen to the coÌ„mune profyte of the cytezens wherfore he sayde in this wyse those lawes are ryght or good whiche egally and indyfferentlye haue respecte to the vtylyte of the hole cyuyle coÌ„munyte and to the coÌ„mune welthe or good of all the coÌ„munee or inhabytaunce of the sayde coÌ„munyte And that this maye be done best onely by the hoole multytude of the cytezens or by the byggest parte of it whiche from hensforthe lette it be supposed to be bothe one I proue thus for the veryte or trouthe of that thynge is more suerly iudged and also the coÌ„mune vtylyte of it is more dylygently consyde red and marked vnto whiche thynge the hole multytude of cytezens geueth hede with all theyr wytte or reafon and also affeccyon for the greatter the multytude is the better it maye perceyue the defaulte that is aboute the lawe whiche is purposed to be made or instytuted than maye any patre what soeuer it be of the sayde multytude For as moche as euery bodely thynge beynge hole is at the leaste wyse greatter in quantyte and vertue than is any parte therof by it self Agayn the coÌ„mune vtylyte of the lawe is more consydered and regarded or taken hede of of the hole multytude for as moche as no man wyttynglye doth hurte his owne selfe but there euery man maye consydre whether the lawe purposed do more declyne or leane to the profyte of any certayne persone or persones than to the profyte of the other or of the coÌ„munyte And also may speake agaynst it to the contratie whiche thynge coulde not be done yf the lawe were gyuen or made by any persone or els a fewe certayne persones regardynge and hauynge respecte more to theyr owne propre vtylyte than to the coÌ„mune profyte And to this sentence helpeth well all those thynges whiche we haue sayde and spoken concernynge to the necessytie of lawes to be had in the. xi chapytre of this â—sent dyccyon Nowe agayne to
vnderstanded or meaned that whiche by it owne selfe can not inuent or deuyse a lawe and ought not therfore as touchynge to the mo partes or particuler and synguler persons in it ought not to instytute a lawe than that proposycyon were to be denyed as which is euydentlie false as wytnesseth both sensyble experyence and also Arystotle in the thyrde boke of his politykes and the. vii chapytre Fyrst I saye induccyon or sensyble experyence beareth wytnesse for many men do iuge well of the qualyte of a pycture or house or of a shyppe and of other thynges made by crafte which yet of them selues for all that coulde not inuent or fynde out deuyse suche thynges And Arystotle also beareth wytnesse to the same in the place afore alleged makynge answere to this present obieccyon by these wordes folowynge For in certayne thynges sayth Aristotle not onely he shall iuge neyther yet iuge best which hathe made or wrought them but also other men and he declareth this by example in many kyndes of handycraftes doynge to vnderstande the same also of other thynges Neyther it maketh any thynge agaynst vs where it is sayd that wyse men whiche are but a fewe in nombre maye rather or better dyscerne the agyble or operable thynges whiche are to be instytuted and ordayned than the other multytude for thoughe we do graūte this to be true yet for all that it foloweth not hereof that wyse men can better dyscerne the thynges whiche are to be instytuted and ordayned than can the hole multytude in whiche bothe they also the other lesse learned or lesse wyse are comprehended for euery hole thynge is greatter than is the parte of it both in workynge and also in dyscernynge or iudgynge And this was vndoubtedlie the sentence and mynde of Arystotle in the. iii. boke of his polytykes and the. vii chapitre whan he sayd Quare iuste dominās maiorum multitudo that is to saye the hole multytude or vnyuersyte of cytezens or the greatter parte therof whiche he meaneth by this worde multitudo ought of ryght to rule cōcernyng the greatest thynges whiche are in a cōmune weale he sheweth the cause why for of the hole multytude the cōmentie the learned counsayle and the worshypfulles or headde offycers are but eche of them a parte of a cōmume weale and the substance rychesse worshyp wyt wysdome iudgemēt discrecyon of all them to gyther is greatter than it is of any one of them by hymselfe or of any fewe of them whiche do receyue or take vpon them the mynystracyon of the greatest offyces or dygnytes his entent is this to saye that the multytude of all companyes and orders of the cōmune weale beynge taken togyther so consequentlie that the iudgement of them togyther is more sure without ieopardie than is the iudgement of any parte by it selfe whether that parte be the rascal or poore cōmons whiche he sygnyfyed hereby this worde cōcilium as husbondmen artyfycers suche other or els whether it be pretorium that is to saye they whiche in iudgement are offycers helpynge the prynce or gouernour as aduocates men of lawe and notaryes or scrybes and regestres or whether it be honorabilitas that is to saye the ordre or companye of the best and most worshypfull men whiche are but very fewe in nombre and whiche onely are conuenyently elected and chosen to bere the greatest offyces or dignytyes in y e cyuyle cōmunyties what soeuer parte it be taken seuerallye by it selfe Agayne thoughe we do graunte as it is trewe in very deade that some vnlerned men can not so wel iudge of the lawe or of any other agyble thynge whiche is to be instytuted or ordayned as can so many learned men yet for all that the nōbre of vnlerned men myght be made so great that they beynge so great a multytude myght iudge euen as well of these thynges ye or elles better than the lerned men beynge but a fewe in nombre And Arystotle sayd this same in the place afore alledged wyllynge to confyrme and strength or fortyfye this sentence yf the multytude say the Arystotle be not ouer dull ygnorante and seruyle albeit that eche one of them by hym selfe can not iudge so well as they that ben lerned or wyse and hathe knowledge yet for all that all they togyther shall iudge better or at the least wyse not worse And to that auctoryte taken of the fyrste chapytre of ecclesiastes that the nombre of fooles is infynyte we ought to saye that by this worde stultorum in englisshe fooles is to be vnderstanded vnlearned men or which gyueth not theyr mynde to lyberal workes whiche for all that hath vnderstandynge and iudgement of thynges to be done thoughe not so moche as they whiche gyue theyr mynde to suche thynges or elles perauenture by fooles in that place the whiche man sygnyfyed or meaned infydels as saynt Iherome vpon that place whiche infydels or myscreantes ye haue they neuer so moche cūnynge and knowlege in worldely scyences yet are they very starke fooles accordynge to that sayenge of saynt Paule in the thyrde chapytre of y e fyrst epystle to y e Coryntheans y e wysdome of this world is foolysshnes afore god the secōde obieccyon is of smal strēgth for albeit y t it is more easy for a fewe men to agre in one sentence or mynde than many yet is it not hereof concluded that the sentence of a fewe or of parte is better than the sentence of the hoole multitude wherof y e sayd fewe are a porcyon or parte for these fewe coulde not ne wolde so well dyscerne and iudge the cōmune profyte as coulde wolde the hole multytude of cytezens ye moreouer it were ieopardouse as it hath appered of the thynges aforesayde to cōmytte the makynge of the lawe to the arbytrement or iudgement of a fewe men for perauenture they in makynge of the lawe wolde haue more respecte to the partyculer profyte of some persones or of some company than to the cōmune profyte which thynge appereth euydently in them whiche were makers of the decretalles of clerkes or the clergye as we shall shewe also suffycyentlye in the. viii chapytre of the seconde dyccyon for hereof shulde begyuen certayne occasyon and a waye opened to the regyment called Olygarchia lykewyse as whan the powre of makynge lawes is graunted to one man alone an occasyon is gyuen to tyranny as we haue brought in and alledged heretofore in the. xi chapytre of Arystotle in the. v. of the Etykes in his treatyse de iusticia The thyrde obieccyon maye easely be put by and answered vnto by those thynges whiche hath ben sayd all redye for albeit that by wyse men lawes may be better made than by vnlerned men yet for all that it is not concluded hereof that lawes be better made by onely wyse men than by the hole multytude of cytezens in the whiche multytude the aforesayde wyse men are also
we must coÌ„sydre in a cyuyle coÌ„munyte beynge instituted coÌ„uenyeÌ„tly accordynge to reason for all the soule or mynde of the hole multytude of cytezens or coÌ„munes or els of the bygger parte therof is fourmed or ought to be fourmed in a cyuyle coÌ„munyte one parte fyrst beynge proporcynated or lyke vnto the herte in a sensyble creature In which parte it setteth or ordayneth a certayne vertue powre or a certayne fourme with actyue powre auctoryte to instytute the other partes of the cyuyle coÌ„munyte And this parte wherof we do meane is y e priÌ„ce or hed gouernour whose vnyuersall vertue or powre in causalite is the lawe and whose actyue powre is the auctoryte of iudgynge of coÌ„maundynge of executynge the sentences coÌ„cernynge the cyuyle ryghtes and vtylytes wherfore Arystotle in the. vii boke of his polytykes the. viii chapytre sayd this parte to be moste necessary of al other partes in a cyuyle coÌ„munyte the cause hereof is for that the suffycyencie which is had by the other partes or offyces of a cyuyle coÌ„munyte all thoughe the sayde partes or offyces were not at all myght be suffycyeÌ„tly had by other meanes and of other thynges thoughe not so easely ¶ But without a prynce or gouernour a cyuyle coÌ„munyte can not contynue or longe coÌ„tynue endure for it is necessary can not be otherwyse but that offencyous euyll occasyons shall chaunce as it is sayde in the gospell of Matheue whiche offendicles as the scrypture calleth them are coÌ„tencyons rysen amoÌ„ge men for iniuryes done of them one to an other which yf they shuld not be iudged or measured by the rule of ryghtfull thynges or iustyce that is to wyt by the lawe by the prynce or gouernour whose offyce is to measure suche thynges accordynge to the lawe there myght chaunce haply by the reason therof fyghtyng a seperacyon of the men beynge congregated in a cyuyle coÌ„munyte the priuacyon or lacke of a suffycient lyfe The pyrnce also in a cyuyle coÌ„munyte ought to be more noble more perfyte in his dysposycions or qualytes y t is to wyt in prudeÌ„ce vertue morall than the other partes of the cyuyle coÌ„munyte And that for this reason that the cause effectyue of a cyuyle coÌ„munyte that is to wyt the soule and wyll of the hole coÌ„munyte haue gyuen to this pryncypall and fyrste parte and hathe put in hym a certayne generall vertue or powre in causalyte that is to wytte the lawe And also an auctorytye and powre to worke and to do execucyon of the sayd lawes And as the naturall heate of the herte as beynge the subiecte by which heate the herte or the fourme therof performeth all his accyons is dyrected and measured in workynge by the fourme or vertue and powre of the herte and elles it shulde not worke to the due ende agayne also as the heate whiche they call coÌ„munelye the spyryte as beynge the instrumente to performe and fulfyl the accyons or operacyons is gouerned throughe out the hole bodye of the same vertue or powre for elles neyther outher of these heates shulde worke vnto the due ende for fyre worketh worse than the organs or instrumentes as it is red in the seconde boke de generatione and deanima euen so and in lyke maner the auctoryte of rulynge or gouernynge gyuen to any man beynge proporcionated lyke to the heate of the herte as beynge the subiecte and euen so the armed or coactyue powre instrumentall beynge proporcyonate and lyke to the heate whiche we haue called the spyryte ought bothe to be ruled and measured by the lawe in the gyuynge of iudgementes in coÌ„maundynge and in executynge the cyuyle ryghtes and vtylytes for els the prynce or gouernoure shulde not worke to the due ende that is to wyt to the conseruacyon of the cyuyle coÌ„munyte as it hathe ben sayde and proued in the. xi chapytre of this dyccyon or fyrst parte Agayne accordynge to the sayd vertue or powre that is to wyt accordynge to the lawe and auctoryte gyuen to hym the prynce or gouernoure ought to instytute and ordayne dyuerse and sundrye partes or offyces in the cyuyle coÌ„munyte of conuenyent matere that is to wytte of men hauynge artes habytes or qualytes conuenyent mete or accordynge for the sayd offyces For suche maner men are the matere conuenyent of the partes or offyces of a cyuyle coÌ„munyte as it hathe ben sayde in the. vii chapytre of this diccyon For it is mete in a cyuyle coÌ„munytie well instytuted to appoynte or assygne such men to the offyces of the coÌ„mune weale whiche haue the operatiue or practyue habytes mete and conuenyent to the sayd offyces And suche as hathe not the conuenyeÌ„t habytes and qualytes as for example yonge vnexparte men to ordayne and appoynte them to learne suche habites or craftes and scyences vnto which they are naturally moste inclyned And this was the sentence and mynde of Arystotle whan he sayd in the fyrst boke of his Etykes the seconde chapytre in this wyse what scyence or dyscyplynes ought to be in cyties or cyuyle coÌ„munytes what maner scyences eche man ought to learne and howe moche or howe farforth this morall philosophie that is to wyt the polytycall prudence or the prudence of makynge lawes doth ordayne and instytute so consequently dothe he also which ordereth the coÌ„mune weale accordynge to the lawe that is for to saye the prynce or gouernoure This same also he sayde in the. vii of the polytykes and the. xiiii chapitre by these wordes he therfore that is lawe maker or that gyueth the lawe ought to haue respecte to all the aforesayde thynges bothe to the partes of the cyuyle coÌ„munytie and also to the accyons of them The same also he sayd in the. viii boke of the polytykes and the fyrst chapytre whan he sayd thus That the lawe maker had neade or ought to be very dylygent and to take very great hede as touchynge to the ordrynge and dyscyplyne of yonge men no man verely wyl doubte For yf this thynge be not very dylygentlye sene vnto in cyuyle coÌ„munytes it shal hurte moch the coÌ„mune weale thus than of these premysses it appereth that to y e law maker or vnyuersal multitude in y e parlyameÌ„t asseÌ„bled by y e priÌ„ces coÌ„maundement for the same purpose apperteyneth and belongeth the determynacyon or instytucyon of the offyces and partes of a cyuyle coÌ„munyte that the iudgement the precepte or coÌ„maundynge and the execucyon of the sayd determynacyon dothe appertayne to hym that is prynce or gouernour accordynge to the lawe And also by the same demonstracyons or syllogâ—sticall reasons this maye be proued by whiche we proued in the. xii chapytre of this dyccyon or parte that to the sayd vnyuersall multytude belongeth the auctoryte of gyuynge lawes Wherfore it is not lawfull for any man to take vpon hym any offyce in a cyuyle coÌ„munyte at his owne pleasure and namely
of the excoÌ„munycatynge or assoylynge of any persone or persones dothe not appertayne to any of them alone or onely to the colledge or coÌ„panye of them But to ordayne and make any suche iudge to whome it may be lawfull to call the persone so accused or gyltie afore hym and to examyne hym to iudge hym condempne or to assoyle the persone whiche is so to be openly dyffamed or to be cut awaye from the companye or felowshyp of chrysten men doth appertayne and belonge to the superyoure or soueraygne of the same coÌ„munyte or els to the counsayle by hym apoynted and the preestê onely to iudge or dyscerne by scrypture the crymes takynge this worde iudgement in his fyrst sygnyfycacion wherfore any man ought to be cut awaye from the company of chrysten men lefte he myght infecte other men lykewyse as a physycion or a company of physycions must iudge by iudgement of the fyrst sygnyfycacion of the bodely dysease wherfore any man ought to be seperated from the coÌ„pany of other men left he myghte infecte them as a persone hauynge the leprye or other lyke coÌ„tagyous syckenes and agayne the cryme ought to be proued by sure wytnes to haue ben coÌ„mytted in dede And therfore lykewyse as it doth not appertayne to any physycion or to any coÌ„pany of them onely to ordayne the iudgement or iudge whiche hath coactyue powre to expell or dryue out persones ful of leprye but vnto y e hygher powers of a realme towne or cytie euen so it doth not appertayne to any preest alone or to any colledge or coÌ„pany of them onely to ordayne in y â— coÌ„munytie of chrysten men the iudgement or the iudge whiche hath coactyue powre ouer such persones whiche are to be expulsed dryuen out from the coÌ„mune company or felowshyp for the dysease of the soule as for a notorye cryme that is to say a trespasse openly knowen all thoughe they are bounde to know the lawe of god in which lawe the crymes and offences are determyned apoynted for whiche any synfull persone ought to be forbydden banysshed the coÌ„pany of other chrysten men whiche be innocent or faultles for the lyppes of the preest kepeth knowlege the people shal requyre the lawe of his mouthe as it is wryten in the seconde of Malachie y â— prophyte But whether he whiche is accused of suche maner trespasse hath coÌ„mytted suche trespasse or els not this ought not to be iudged by the bysshop or preest but by the superyour powres as we sayde before yet that notwithstandynge accordynge to the probacions afore brought in yf he be conuycted by wytnesse and the cryme also is suche wherfore he ought to be excoÌ„munycate then the persone founde gylty of suche cryme ought to be pronounsed worthy to be excoÌ„munycated by sentence of a superyour iudge And the execucyon of suche sentence ought to be done by the mouthe voyce of the preest and that because suche sentence of the preeste toucheth the persone so accused or gyltie for the state also of the worlde to come And this to be trewe which we haue sayd it is euydeÌ„tly shewed by that scrypture wherof this kynde of correccyon semeth to haue taken his begiÌ„nynge y t is in the. xviii chapitre of Mathewe whan chryst sayd yf thy brother shal haue trespassed agaynst the go rebuke hym betwene hym the alone yf he shal harken to the than haste thou haue wonne thy brother but yf he shall not harken to the take one or two wytnesses with the y ◠〈◊〉 the mouth of two or thre wytnesses euery worde or sayeng may staÌ„de but yf he wyll not regarde or obeye them than tell it to y e church but yf he wyl not here the church let hym be to the as a gentyle or a publycane Chryste than sayd tell it to y e churche not tel it to the apostle or to the bysshop or to the preest or to the colledge or coÌ„pany of them onely chryste vnderstode therby y â— church the hole multytude of chrysten people or els the iudge ordayned for suche purpose by the auctorytie of the hygher powre for in this sygnyfycacion y â— apostles the prymytiue church vsed this worde church as it was fully ê‘fytely shewed in the seconde chapytre of this dyccyon that chryst meaned by the church the hole coÌ„gregacyon of faythfull beleuynge people that it be longeth to the sayde coÌ„gregacyon to haue a superyoure heed to gyue suche maner iudgement agaynst stubburne or dysobedyent persones or such haynouse offenders synners I ê“ue by the apostle in y â— v. chapytre of y e fyrste epystle to the CorynthiaÌ„s where y â— apostle declarynge the senteÌ„ce of chrystê wordê teacheth more expresly the cause y â— forme maner by what persones suche maner iudgement of excoÌ„munycacion ought to be gyuen agaynst any man sayenge in this wyse I beynge absente verely in body but present in spyrite haue nowe iudged as yf I were presente you beynge assembled in the name of our lord Ihesu chryst and my spyryte with the auctorytie and powre of our lord Ihesu to gyue hym which hath done y t dede to Satan that is to wyt that synful persone which had flesshely knowen his fathers wyfe where the glose after y â— mynde of Augustyne sayth this thige I haue now iudged y t you beyng asseÌ„bled togyther iÌ„ one place without any dyssencyon with whome bothe myne auctorytie the powre of chryste shall worke together do gyue such maner persone to the deuyll Lo here wherfore or for what intent of whome and vnder what maner any persone is to be excoÌ„munycated accordynge to the intencyon and doctryne of the apostle In whose wordes peraduenture is marked rather a counsayle than a coÌ„maundement euen accordynge to the lawe of god For in case that the Corynthians throughe theyr pacyence had suffered the aforesayd criminouse persone to haue ben conuersaunt and in companye amonge them howbâ—it not without slaunder and ieoperdy of infectynge other men yet myght they neuerthesesse haue ben saued haue done merytorious workes Agayne the case put that this had ben a precepte and coÌ„maundement accordynge to the lawe of god yet was it not coÌ„maunded that this thynge shuld be done by a preeste or bysshop onely or elles onely by a colledge or company of them and therfore â–ª whan the apostle sayd I verely beynge absent in body but present in spyrite haue no we iudged c. his wordes ought to be vnderstaÌ„ded of iudgement taken in his fyrst sygnyfycacion and not in the thyrde because he sayth afterwardes you beynge assembled and my spyrite c. By whiche wordê he doth also teache them the forme and maner howe to auoyde that no contencyon or stryfe myght ryse amonge them-by the pronouncynge of the sayd excoÌ„munycacion If it were done by them asseÌ„bled togyther wherfore Augustyne sayth that you beynge gathered togyther without any dyssencion
whiche in this worlde was iudged by coactyue power and dyd not iudge shall exercyse the power of a iudge that is to wytte in the Resurrection than shall you also be iudges with me ¶ Loo here than that accordynge to the sayeng of Chryste in the gospell and after the exposycion of sayntes Chryste hathe not exercysed iudicare power that is to wytte coactyue power in this worlde But rather beyng in the fourme of a seruaunt he was iudged of an other by suche maner iudgement also that whan he shal exercyse suche iudicare power coactyue in an other worlde that than the apostles also shal sytte with hym to iudge by suche maner iudgement and not afore that tyme. ¶ wherfore hit is worthely to be greatly meruayled at wherfore any bysshop or preeste who euer he be shulde take vpon them or be in wyll to haue greatter or other auctorytie in this worlde than Chryste or his apostles wolde haue for they in the fourme of seruauntes haue ben iudged by the seculate and worldly prynces But the successoures of them preestes and bysshoppes not onely refuseth to be subiectes to prynces contrarye to the example and precepte of Chryste and his apostles but also they saye that theym selues are aboue prynces and the hyghest powers in coactyue iurysdyccion and the prynces to be subiectes vnto them not withstondyng that Chryste sayd in the. x. of Mathewe And you shalbe ledde vnto kynges rulers for my sake he dyd not say you shall be kyngê rulers and hit foloweth afterwarde in the same chapytre The discyple is not aboue his teacher nor the bondeman aboue his lorde Therfore no preest or bysshop in y t he is suche one neyther may neyther ought to exercyse iudgemeÌ„t domynyon power or gouernaunce coactyue in this world And this also was euydently the mynde of Arystotle in the. iiii boke of his polytykes and the. xii chapytre THis may be proued also after this maner For yf chryst had wylled the preestes of y e newe lawe to be iudgê by the auctorytie of y e same lawe by iudge ment coactyue of the thyrd sygnyfycacyon y t is to wyt by defynynge determynynge the contencyons and debatefull actes of men in this world by such maner sentence doubtelesse he wolde haue gyuen suche specyall preceptes of such maner thynges in this lawe lykewyse as he dyd in the olde lawe to Moyses whome god by his owne mouthe or wordes and not by any man ordayned and made gouernour and coactyue iudge of the Iewes as it is red in the. vii chapitre of the actes of the apostles for which cause also god gaue to hym a lawe of thynges to be obserued in the state of this presente lyfe contaynynge specyally preceptes of such thynges for the departynge and endynge of the contencions and stryfes amonge men beynge very moche lyke vnto the lawe of man as touchynge some parte of it To the obseruynge and kepynge of whiche preceptes men were compelled and constrayned in this worlde by Moyses his substytutes coactyue iudges with or by payne or punysshement but not by any preeste as it appereth euydently in the. xviii chapytre of Exodus But chryste hathe not gyuen any suche preceptes in the lawe of the gospell but supposed them to be alredy gyuen or that they shulde afterwarde be gyuen in the lawes of men whiche lawes he coÌ„maunded to be obserued and also the gouernours accordynge to those lawes to be obeyed of euery soule at the lestwyse in those thynges whiche shuld not be coÌ„trary to the lawe of euerlastynge helthe And therfore he sayth in the. xxii of Mathewe and in the. xi of Marke Gyue you to Cesare those thynges that belonge to Cesare vnderstandynge by Cesare any maner prynce or gouernoure So also-the apostle in the. xiii to the Romaynes saythe for it greueth me not to reherse it agayne Let euery soule be subiecte to the hygher powres So also in the last chapytre of the fyrste epystle to Timothe he byddeth the seruauntes to be obedyent to theyr lordes ye thoughe they be infydeles And the glose also in the same place after the mynde of Augustyne agreeth with the same whiche we haue brought in afore in y e. viii parte of the. v. chapytre of this dyccyon of all which auctoryties it appereth euydently that it was the intencyon and mynde of chryste and of the apostle and of sayntes that al men ought to be subiecte and obedyent to the lawes of men and to those that be iudges accordynge to the same lawes ¶ Moreouer of these aforesayd thynges it is euydent that chrysten men are not bounde to obserue and kepe all thyngê which in the olde lawe or testament were counsayled or coÌ„maunded to the people of the Iewes to be kepte But the obseruacyon of certayne thynges whiche coÌ„maunded to the Iewes is vtterly forbydden chrysten men as for example the seremonyes vnder payne of eternall perdycyon as the apostle teacheth in the. iii. and. vii chapytres to the Romaynes in the seconde and. v. to the Galathianes and in the seconde to the Ephesyanes and in the. vii and. x. chapitres to the Hebrues To whose mynde saynt Ierome saynt Augustyne agreynge say in theyr epystles sent from the one of them to the other the. xi and the. xiii concordynge eche with other that the obseruers of suche ceremonyes outher truely or faynedly after the publysshynge of the lawe of the gospel shal be cast downe in to y e doÌ„gyon of y e deuyl Lykewyse also christen men ar not bouÌ„de to y e obseruacyon of y e legales as it appereth by y e apostle also by Augustine vpon y t sayeng aforesayd in the last chapitre to Timothe whan he sayd let not chrysten seruauntê requyre y t is they can not requyre that whiche is sayde of the Hebrues c. for asmoche than as there is not in the lawe of grace any preceptes specyally gyuen for the coÌ„tencyons debatefull actê of men in this worlde to be determyned and ended it is lefte that such thynges ought to be determyned by the lawes of men and by the iudges accordynge to those lawes hauynge auctorytie of the humayue lawe maker or prynce There were also certayne other thynges in the lawe of Moyses coÌ„mauÌ„ded to be obserued for the state of y e worlde to come as the preceptes of the sacryfyces or of certayne hostes or oblacyoÌ„s to be made for the redempcyon of synnes namely of the preuye synnes whiche are coÌ„mytted by the inwarde actes or iudgement to the accomplysshynge of which preceptes no man was compelled or constrayned by payne or punysshement of this present worlde very lyke vnto these are al the counseyles preceptê of the newe lawe because chryste neyther wolde neyther coÌ„maunded any man to be coÌ„pelled to the obseruacyon of them in this worlde Albeit that he dothe coÌ„maunde by a generall coÌ„maundement that the ordynaunces of mennes lawes shulde be obserued but yet
vnder payne or punysshement to be done vnto the transgressours in an other worlde by hym wherfore the transgressours or breaket of mannes lawe in a maner for the most parte trespasseth agaynst the lawe of god but no contrary wyse For there be many actes in which he that doth them or leueth them vndone trespasseth agaynste the lawe of god whiche coÌ„maundeth suche thynges wherof to gyue coÌ„maundement in the lawes of men it were in vayne as the dedes whiche we haue called inwarde actes neuer brastynge forth whiche can not be proued to be in any man or not to be in hym and yet they can not be hyd or vnknowen to god and therfore the lawe of god was conuenyently gyuen of suche thynges duely to be done or to be lefte vndone for the more goodnes of men both in this presente worlde and also in the world to come ¶ But peraduenture some man wyll reken imperfeccyon in the doctryne of the gospell yf by it as we haue sayde the contencyons or debatefull actes of men can not be suffycyently ruled for the state and in the state of this present lyfe But let vs saye by the doctryne of the gospell we are suffycyentlye dyrected in the thynges to be done and in the thynges to be auoyded and eschewed in this present lyfe and that for the state of the world to come eyther to the gettynge of euerlastynge lyfe or to y e auoydynge or escapynge of euerlastynge punysshement for the whiche endes and purposes the scrypture was made and not for the worldly reducynge of the contentious dedes of men vnto equalytie or dewe coÌ„mensuracyon concernynge the state or suffycyencie of this present lyfe For chryste came not in to this worlde to rule or strayghten suche maner dedes for this present lyfe but onely for the lyfe to come And therfore the rule of temporall and worldly actes of men ben sondry maners and dyuerse facyons dyrectynge vnto these endes For the one that is to saye the lawe of god teacheth that in no wyse we ought to stryue or go to law or to aske our owne agayne afore a iudge albeit it doth not forbyd this And therfore it gyueth no specyall preceptes of suche thynges as we haue sayd afore But the other rule of these actes or dedes that is to wyt the lawe of man teacheth these thynges coÌ„maundeth transgressours to be punysshed wherfore in the. xii of Luke whan a certayne man desyred of chryste worldly or temporall iudgement betwene hym his brother Chryst made answere Thou man who hath ordayned me iudge or deuyder betwene you c. As yf he had sayde I am not come to exercyse such temporall iudgement wherfore the glose there sayth he dothe not vouche saue to be iudge of sutes or stryffes in the lawe nor to be iudge or vmpere of worldly goodê and substaunces whiche hath the iudgement bothe of quycke and deed and the arbytrement of them all Therfore the actes or dedes of men coulde not be sufficyently measured or ruled by the lawe of god or by the euangelycall lawe for the ende of this presente worlde And in dede the coÌ„mensuratyue rules of suche dedes to the proporcyon which men lawfully desyre for y e state of this present lyfe ben taught in the same lawe but supposed eyther gyuen or elles to be gyuen and taughte of the lawes of men without the which also for defaulte lacke of iustice it myght chaunce throughe the occasyon and contencyon of men fyghtynge and seperacyon and departynge of them and the insuffycyencie of mannes lyfe in this world which thynge in a maner all men hate and auoyde naturally It can not be sayd therfore accordynge to trouthe that the lawe or doctryne of the gospell is vnperfyte For it is not ordayned apte to haue y e perfeccyon of worldly maters But it was made and gyuen that by it iÌ„medyatlye we shulde be dyrected coÌ„cernynge those thynges and in those thynges whiche belonge to the obtaynynge or gettynge of euerlastynge saluacyon and to the auoydynge of euerlastynge mysery in whiche thynges it is very suffycyent and perfyte for it was not made to the determynynge of cyuyle contencyous busynes or maters appertaynynge to the ende whiche men desyre and lawfully in this worldly lyfe truely yf it shulde be called vnperfyte therfore it myght be called as conuenyentlye vnperfyte for that by it we are not taughte to hele bodelye dyseases or to measure quantyties or to sayle in the occyan see howbeit this maye be graunted safely that it is not vtterly perfyte for so there is no thynge perfyte but onely one that is to wytte god And to this sentence as beynge vndoubtedly true the glose after the mynde of Gregory beareth wytnesse vpon the syxte chapytre of the fyrste epystle to the Corynthyanes where he saythe I say it to your rebuke and shame They sayth Gregory shulde examyne erthly causes which haue gotten wysdome of exteryour thynges but those whiche are endewed with spyrytuall gyftes ought not to be wrapped or entangled with erthlye busynesse Nowe yf he had vnderstande by the wysdome of exteryour thynges and of erthly causes or contencyons the holy scrypture he wolde not haue sayde afterwarde but they whiche are induced with spyrytuall gyftes that is to saye with holy scrypture ought not to be entangled with erthlye busynesses neyther wolde haue seperated suche persones accordyng to this doctryne one of them from the other Moreouer because the apostle also the sayntes after one exposycyon had afore called them whiche had suche know lege and wysdome that is to wytte of exteryoure thynges contemptyble persones in the churche whiche thynge neyther the apostle neyther yet the sayntes expoundynge his wordes meaned or thought of them that were lerned in the holy scrypture Thus than how many and what maner legale actes of men there be by what lawes also and iudges howe and whan and by whome they are to be ruled made strayghte and amended I suppose we haue shewed suffycyentlye to the intencyon purposed of vs. ¶ Of the coactyue iudge of heretykes that is to wytte to whome it appertayneth to iudge them in this world to punysshe them by personall or reall punysshementes to whome or whose vse or behole these ought to be applyed or put vnto The x chapytre BVt of these thynges which we haue sayd it is doubted not with out a cause for yf the inflyccyon or exaccyon of real or personal paynes by coactyue iudgement of all persons that are to be coarted or punysshed in this present lyfe apê‘teyneth onely to hym that is heed gouernoure and prynce as it hathe ben shewed here tofore than it foloweth that the coactyue iudgement of heretykes or otherwyse infydels or scysmatykes and the inflyccyon exaccyon or applycacyon of reall and personall punysshement shall appertayne to suche prynce and gouernour whiche semeth and appereth to be a great inconuenyent For in asmoche as it appereth to belonge al vnto one to
the same auctoryte to knowe to iudge to correcte the offence or trespasse and it belongeth to the preeste or bysshop to dysserne the cryme of heresye and to none other it shall appere that both the counsayle the coactyue iudgement and the correccyon of this cryme shall appertayne or belonge to the preest or bysshop alone Moreouer the iudgement of the trespasser the exaccyon of punysshemēt semeth to appertayne to hym agaynst whome or whose lawe the trespasser hath offended but that is onely the preeste or bysshop for he is the mynyster and iudge of the lawe of god agaynst whiche lawe pryncypally the heretyke scysmatyke or otherwyse infydell doth offende trespasse whether it be a company or els a synguler persone it foloweth therfore y t this iudgement belongeth to the preeste in no wyse to the seculer gouernour And this appereth to be openly the mynde of saynt Ambrose in his fyrst epystle to Ualentian the emperoure and because it appereth and semeth that he meaneth the same throughout the hole processe of y e same epystle I haue lefte out his wordes here because of breuytie and shortnesse ¶ But let vs saye that that who soeuer trespasseth or offendeth agaynst the lawe of god is to be iudged corrected punysshed accordynge to the same lawe but as to wchynge to that lawe there is two maner of iudges The one a iudge of the thyrde sygnyfycacyon hauynge coactyue powre to coarte the transgressours of this lawe to exacte punysshemēt of them and this is but onely one that is to wyt Chryste as we haue shewed in the chapytre afore gone by the auctorytie of Iames in his iiii chapytre whiche iudge for all that hathe wylled and ordayned that all the transgressours of this lawe shalbe iudged by coactyue iudgement in the worlde to come and to be coatted with payne or punysshement onely in that worlde and not in this as it hath suffycyently appered of y e chapytre afore gone But the other iudge as touchynge to this lawe is the preeste or bysshop not a iudge of the thyrde sygnyfycacyon so that it belongeth not to hym to compell any transgressoure of this lawe in this worlde or to requyre or exacte any payne or punysshement vpon hym by powre coactyue as it hath ben openly shewed in the. v. chapytre of this dyccyon and in the last chapytre afore gone by the auctorytie of the apostle of sayntes by the inuyncyble reason of them yet that notwithstandynge he is a iudge of the fyrst sygnyfycacyon to whome it apperteyneth to teache to exhorte to rebuke and reproue synners or transgressours of the same lawe to put them in feare or drede with the iudgemēt of eternall dāpnacion the inflyccion of euerlastynge payne whiche shal be done to them by the coactyue iudge that is to wyt Chryste in the world to come as we haue declared in y ◠vi vii chapytres of this dyccion wher in we treated of the powre of the keyes gyuen to preestes also in the last chapytre afore this where we compared the preestes whiche are the leches or physycions of soules vnto the bodely physycyons as saynt Augustyne sayd by the auctorytie of y e prophete as the mayster of the sentence recyteth in the. iiii boke of y ◠sentences in the. xviii dystynccion the. ix chapytre for asmoch than as an heretyke a scysmatyke or any other infydell who soeuer he be is the transgressoure of the euangelycall lawe yf he shall contynue in that cryme or offence he shal be punysshed by that iudge to whome it belongeth to punysshe the transgressours of goddes lawe in that they are suche ones whan he shal exercyse his iudyciarie powre And this iudge is onely chryst which shal iudge the auycke the deed those that shall dye but yet in the worlde to come and not in this for of his great mercy he hathe graunted to synners that they maye repent or do penaunce euen vntyll theyr last departynge or passage from this world that is to wyt euen vntyldeth But by the other iudge that is to wyt the pastor or curate bysshop or preeste he is to be taughte and exhorted in this present worlde and the synner is to be reproued rebuked and to be put in feare and drede with the iudgement of eternal glorye or euerlastynge dampnacyon to come but not to be compelled in any wyse as it is euydent of y ◠chapytre last afore gone But yf it shal be prohybyted by the lawe of man that any heretyke or otherwyse infydell shall contynue or abyde remayne in any regyon who soeuer shal be founde in that regyon to be such one that is to wyt an heretyke or mysbeleuer and so iustlye manyfestly proued in that he is nowe a transgressour or breaker of the lawe of man he ought to be punysshed euen in this worlde with payne or punysshement ordayned set in the same lawe for suche transgressyon or offence and that by suche iudge whiche we haue shewed in the. xx chapytre of the fyrst dyccyon to be y ◠keper or mayntener of the lawe of man that is by the prynce or his deputie But yf it be not prohybyted by the lawe of man an heretyke or an other infydell to dwell abyde in the same prouynce with chrysten men lykewyse as it hath ben permytted to heretykes and to the sede of the Iewes nowe by the lawes of men euen in the tymes of chrysten people chrysten prynces chrysten bysshoppes than I say it is not lawfull for any man to iudge any heretyke or other mysbeleuer or to compell hym by any payne or punysshement eyther reall or personall for the state of this present lyfe And the cause generall hereof is for that no man though he synneth neuer so greatly agaynst any maner dyscyplynes speculatyue or practyue is punysshed or coarted in this worlde precyselye in that he is suche one but in that he synneth agaynst the cōmaundement of the lawe of man For yf it were not prohybyted by the lawe of man to be dronken to make or to sell noughtie leather or shoes that so yll wrought as any man may or wylleth to practyse false phisyke and falsely teache or to exercyse other occupacions euen as he lyste hym selfe the dronkarde or who soeuer dyd amysse in the other workes or occupacyons in no wyse shuld be punysshed And therfore we ought to marke to take hede that in euery maner coactyue iudgement of this world afore that sentence of delyueraunce or of condempnacyon be pronounced gyuen forth as cōcernynge the iust tryall of the truthe certayne thyngs at to be enquyred in ordre One is whether the worde or the dede wherof the persone is accused be suche as it is sayde to be And this is to knowe afore what it is whiche is sayd to be cōmytted The seconde thynge to be requyred is whether it be
prohybyted by the lawe of man suche thynge to be done And the thyrde is whether the persone accused hathe coÌ„mytted that offence whiche is layde to his charge Than after inquysycyon made of these thyngs foloweth iudgement or sentence of coÌ„dempnacyon agaynst the persone accused or els of absolucion delyueraunce as for example Let any man be accused for an heretyke or els for a couÌ„terfayter of golden vessells or of any other metall After that this persone so accused be delyuered or daÌ„pned by coactiue senteÌ„ce of y â— iudge it ought fyrst to be inquyred whether the worde or the dede layde to his charge be heretycall or elles not SecoÌ„daryly it ought to be serched out whether to saye any thynge in such wyse be forbydden by the lawe of man Thyrdly whether such cryme or offence hath ben coÌ„mytted by hym whiche is accused therof Than laste of all after these inquysycyons duely made foloweth iudgement coactyue eyther of absolucyon or els of coÌ„dempnacion As concernynge the fyrst of these iii. thyngê the gouernour or iudge ought to be certyfyed by them whiche are lerned skylled in eche maner of scyence to whome it belongeth to coÌ„sydre the quidditie or nature of y t sayenge or dede whiche is layde to the charge of the persone accused for such persons ar iudges of suche thyngê in the fyrst sygnyfycacion as we haue sayd in the secoÌ„de chapytre of this dyccion they are bounde to knowe y â— nature of suche thyngê to whome the auctorytie is gyuen by the prynce or gouernour to teache or to practyse to worke such thyngê in the cytie or coÌ„munytie which auctorytie gyuen by the gouernour we are wonte to call in the lyberall scyences a lycence it is after lyke maner in all other artes practyue or mechanicall as it hathe ben shewed declared in the. xv chapytre of the fyrst dyccion For a physycyon ought to knowe those that be full of leprye concernynge the body those y t be not So also the preeste ought to discerne knowe which sayeng or doctryne is hereticall which catholyke So also y â— goldfyner or goldsmyth ought to dyscerne know one metal from an other so the lawyer ought to iudge betwene thyngê borowed or layde to kepe and other lyke cyuyle actes For the prynce or gouernoure in that he is gouernour is not bouÌ„de to know such thyngê Albeit after yf the lawe be perfyte he ought to be sertyfyed of the nature of wordê or sayenges of workes and dedes by the teachers workers practysers of scyences artes Than to the questyon purposed moued in the begynnynge of this chapytre I do saye that any maner teacher of the dyuyne scryptures whiche is or ought to be euery preest may ought to iudge by iudgemeÌ„t of the fyrst sygnyfycacion whether y e cryme wherof any persone is accused by heresye or not Wherfore it is sayde in the secoÌ„de of Malachie the prophete The lyppes of the preeste kepe knowledge men shall requyrethe lawe that is to wyt the lawe of god of his mouthe for suche maner men ought the successours of the apostles preests or bysshops for to be to whome it was sayde of chryste in the. xxviii chapytre of Mathewe Do you therfore and teache you all nacyoÌ„s c. teachynge them to kepe al thyngê whatsoeuer I haue gyuen to you in coÌ„maundement So also it is wryten in the. iii. chapytre of the fyrst epystle to Timothe amonge other thynges he ought to be apte to teache vnderstaÌ„de thou the lawe of god So also in the fyrst chapytre to Titus he saythe a bysshop ought to embrace cleue fast to that faythfull true speche whiche is accordynge to doctryne that he maye be able to exhorte in holy doctryne to conuynce reproue them whiche gaynsaye it For there ben many deceyuers which are to be reproued conuynced But the seconde thynge that is to wyt whether suche trespasse be prohybyted by the lawe or not the prynce ought to know And the thyrde thynge whiche he ought to knowe is whether he to whose charge that cryme is layde haue sayde or exercysed the cryme of speakynge or doynge heretically And this iudgement may be iudged by the exteryoure or interyo â— sences or wyttes aswell of vnlerned as of learned men whome we cal wytnesses or recordes Than after these thyngê done iudgement or sentence is to be gyuen by y â— gouernour outher of coÌ„deÌ„pnacion or els of absolucyon or delyuerauÌ„ce from payneor punysshemeÌ„t eyther exaccion or relaxacion to be made of the same punysshement vnto hym whiche was accused of such trespasse For no man is punysshed of the gouernour for that that he doth offende or trespasse onely agaynst y e lawe of god For there ar many deedly synnes agaynst the lawe of god as the synne of Fornycacyon whiche the humayne powre doth sometyme wyttynglye ê‘myt as in that case where no lawe is ordayned for such enormyties neyther any bysshop or preeste dothe prohybyte neyther maye or ought to prohybyte by coactyue powre But the heretyke which trespasseth agaynst y e lawe of god yf such synne be also prohybyted by the lawe of man is punysshed in that he dothe offende and trespasse agaynst the lawe of man for this is the precyse and the very pryncypall cause wherfore any man is punysshed by payne or punysshement of this present worlde And where the cause is present there the effecte of that cause muste nedes folowe and where the cause is absent there y e effecte must nedely be away Lykewyse on the contrary syde he that trespasseth agaynst the lawe of man by any offence shall be punysshed in an other world but yet not for that that he doth offende agaynst the lawe of man onely For there are many thyngê prohybyted by the lawe of man which ar permytted by the lawe of god as yf a man do not pay home that he hath borowed at the tyme set appoynted eyther throught lacke of habylytie or by y â— reason of any fortune or chaunce or of forgetfulnes or of syckenesse or throughe any other impedyment or lettynge he shall not be punysshed for this in an other world by the coactyue iudge accordynge to the lawe of god and yet that notwithstandynge he is ryghtuouslye punysshed in this worlde by the coactyue iudge accordynge to y e lawe of man And therfore to trespasse or offeÌ„de agaynst the lawe of god is the very pryncypall cause the necessary cause wherfore one shall be punysshed in an other worlde for where this cause is there necessaryly foloweth the effecte that is to wyt payne or punysshement for the state in the state of the worlde to come and where this cause fayleth there fayleth also the sayd effecte ¶ Therfore the iudgement of coartynge or exactynge of temporall payne or punysshement vpon heretykes scysmatykes or any other mysbeleuers who soeuer they be and
this present lyfe Agayne y e fyrst proposycyon of this syllogysme supposed to be true after the sence which we haue sayd that is to wyt y t the iudgemeÌ„t of the traÌ„sgressour apperteyneth to hym as to a coactyue iudge agaynst whome or agaynst y e lawe wherof he is keper the transgressour doth offende the lawe I meane of the last sygnyfycation onely than let vs adde therunto this seconde proposycion beynge very true that the heretyke trespasseth onely agaynst the seculer iudge takynge this worde in his thyrde sygnyfycacyon agaynste the lawe wherof he is keper takynge this worde lawe in the last his propre sygnyfycacion that is to wytte coactyue onely and not agaynst any other coactyue lawe or iudge in this worlde And than let vs therfore coÌ„clude that the heretyke is to be iudged by such iudge with coactyne iudgemeÌ„t in this worlde the maker of this lawe so ordaynynge payne or punysshemeÌ„t to be exacted of the same traÌ„sgressour also by the same iudge which payne yf it be real is to be applyed by the same iudge to hym to whome the teÌ„poral law hath ordayned appoynted it to be applyed Or elles we must make a dystyncion of y e fyrst proposycion accordyng to y e equocacion of y e wordê made in the parologisme or deceyptlull reason last afore this So then it can not be inferred or coÌ„cluded thus of necessyte some man is to be coÌ„dempned or iudged as an heretyke in this world for this worlde by coactyue iudgement really or ê‘sonally or both wayes ergo he is to be iudged by some preest or bysshop excepte ê‘aduenture it be by iudgemeÌ„t of y â— fyrst sygnyfycacion neyther it also foloweth therfore ergo the carnal or teÌ„poral goodê which be exacted of the heretyke coÌ„deÌ„pned as punyshemeÌ„t or parte of the punysshemeÌ„t of his offence ought to be applied to any bysshop or preest lykewyse as it doth not also folowe This man is to be iudged as a couÌ„terfayter of money ergo he is to be iudged by the coyners excepte it be peradueÌ„ture by iudgemeÌ„t of y â— fyrst sygnyfycation not of y â— thyrde that is to wyt by coactyue iudgemeÌ„t Neyther it foloweth also that the teÌ„porall goodes whiche are exacted of hym as punysshemeÌ„t ought to be applyed to y e vse behoue of the coyners or to any company or synguler persone of them but he oughte to be iudged with coactyue iudgement by the gouernoure onely and the gooddes of hym to be applied accordige to y e determynacion of y e humayne lawe ¶ And to the obieccyon grouÌ„ded vpon y â— auctorytie of saynt Ambrose it is to be answered sayd y t he vnderstode meaned y â— the heretyke or the cryme of heresye boloÌ„geth to the iudgemeÌ„t of preestê or bysshoppes takynge this worde iudgemeÌ„t in his fyrst sygnyfacacion not in y â— thyrde for neuer any bysshop or preest vsed such maner iudgemeÌ„t coactyue of his owne auctoryte aboute the stake of the prymytyue churche albeit afterwardes they proceded vnto suche thyngê by the occasyon of certayne grauÌ„tê made to them by pryncê gouernours therfore who so euer doth coÌ„fydre the very begynnyngê of such thyngê those thyngê which semen nowe by longe abusyon to be of streÌ„gth to haue the face apparauÌ„ce of ryght shall seme to hym but tryflynge phantasyes dreames thus then be it determyned of the iudge iudgement the coactyue powre ouer infydels heretykes ¶ Of certayne sygnes testymonyes and examples aswell of the canonycall as of the seculare scrypture by whiche it is shewed that to be true which hath ben determyned in y e. iiii the. v. the. viii y e. ix y e. x. chapytres of this dyccyon concernynge the state of bysshoppes generally of preestes and why wherfore chryste hath seperated the state of them that is to wyt the state of pouertie from the state of prynces or gouernours The xj chapytre FOr asmoch as it hathe ben shewed of vs in the chapytres afore gone aswell by the auctorytes of the holy scrypture as by other certayne euydent polytycall or cyuyle argumentes that to no bysshop or preest or any other clarke belongeth any iurysdyccyon coactyue of any persone in this worlde Nowe we wyll declare the same by manyfest sygnes also testymonyes of whiche sygnes this is one that euydent for that we do not rede neyther y t chryste nor any of his apostles dyd euer or in any place instytute any iudge or deputye in theyr stede for to vse such maner domynion or to execute such maner iudgement albeit that it semeth lyke to be true that both he his apostles neyther were ignoraunte neyther dyd lytle regarde this whiche is so necessary a thynge in the societie coÌ„panyeng of men one with an other in this worldly lyfe yf they had knowen this thynge to haue ben appertaynynge to theyr offyce yf they had ben wyllynge that it shulde belonge to theyr successours that is to wyt bysshoppes or preestê they wold haue gyuen some precepte or els at the leaste some couÌ„sayle coÌ„cernynge the same but as touchinge the instytutynge or makynge of spirituall mynystres bysshops preestê deacoÌ„s they shewed taught the forme maner howe it shuld be done And this thynge is knowen suffycyently to apper tayne vnto theyr offyce by the sayenge of saynt Paule in the thyrde chapytre of the fyrst epystle to Timothe in the fyrst chapytre to Titus it appereth also euydently in very many other places of the scrypture ¶ And chryst hath seperated departed the offyce of preestê or bysshops from y e offyce of pryncê gouernours where as yf he had lyft he myght haue exercysed y e estate of a prynce the offyce of a preeste both togyther haue ordayned his apostles lykewyse to haue done y e same But he wolde not so do but rather as a thynge more conuenyent he as he hath ordayned al thyngê in the best wyse y t myght be wolde y t these offyces shuld be of sondry maners facyoÌ„s also to be executed of sondry maner persons for asmoch as he was come to teach huÌ„blenes despysynge of this world as beynge the way wherby we myght obtayne euerlastynge helth To y e enteÌ„t therfore that he myght teache humylyte the despysynge of the worlde or of temporall thyngê by his example before that he taught it by his doctryne he came in to this world in the most lowe humble maner to the vtter refusynge of such temporal thyngê that because he knewe that men be nothynge lesse but moche more taughte by worke or ensaÌ„ple then by wordes or preachynge wherfore Seneca sayth in his ix epystle Loke sayth he what ought to be done that is to be lerned of y â— doer Chryste then wolde be borne in most lowe vyle maner pouertie in the greattest despisynge of the world
the decrees or certayne hystoryes of the bysshopps of Rome for in them is founde wryten a certayne donacion pryuylege whiche is also approued and alowed of the same of Constantyne the emperoure of the Romaynes wherby he graunted to saynt Syluester as men saye Iurysdyccyon coactyue and temporall domynyon or soueraygnete ouer all churches and al other preestê or bysshoppes of the worlde And for asmoche as euery pope of Rome and with hym also y e other congregacyon or company of preestes or bysshoppes do confesse and knowlege that graunte to be of valure strength consequently they must also grauÌ„t that the same Constantyne had fyrst this iurisdyccyon or powre vpon them Namely seynge that no suche maner iurysdyccyon is knowen to belonge vnto them ouer any clarke or laye man by the vertue of the wordes of holy scrpture this is it whiche saynt Barnarde sayth expressely to Eugenius in the boke of consyderacyon and the. iiii chapytre for there he sayth thus This Peter is he which is not knowen to haue come forth at any tyme eyther adourned with precyous stones or sylke garmentes nor couered with gold nor caryed on a whyte palfray nor hauynge a thycke garde of men of warre aboute hym And thoughe he had none of all these thynges yet he beleued that he myght well ynoughe fulfyll that holsome charge whiche was gyuen to hym yf thou doest loue me fede my shepe for in these seculer pompes and powres thou arte the successour not of Peter but of Constantyne Thus then to conclude the offyce of prynces or gouernours is none offyce semely nor mete for preestê in that it is suche one nor contrary wyse the offyce of a preeste semely for prynces Of y e dyfference of which let this which we haue rehersed be suffycyent at this tyme. ¶ Of the dystynccion of certayne wordes very necessarye for the determynacyon of the questyons aboute the state of most hyghe and perfyte pouertie The xij chapytre HOwe then after that we haue thus syngularely and specyally shewed that chryst his apostles whyles they were coÌ„uersaunte here in this worlde dyd teache and kepe the state of pouertye and humylyte that this also is to be holden as sure vndoubted of chrysten men that euery doctryne or counsayle of chryste and his apostles is somwhat merytoryous of euerlastynge lyfe it semeth conuenyent to make inquysycyon of theyr pouertye what maner one and howe great it was that they maye haue knowlege therof whiche whyles they be here in this present lyfe are mynded and wyllynge to folowe them in the same pouertie Takynge therfore this inquysycyon in hande we shall fyrste tell and declare what pouerte is and how many maner wayes one maye be sayd to be poore and also how many maner wayes one may be sayde to be ryche for these two that is to wyt to be ryche and to be poore seme to dyfferre the one from the other somtyme as Habitus priuatio that is to say as a qualyte dyffereth from the lacke of itselfe as lyght dyffereth from darkenes which is nothynge els but lacke or wante of lyght and somtyme they seme to dyffre as contrary qualyties That done we shall deuyde eyther of these nownes in to theyr sygnyfycacions and shal afterwardes put to the descrypcyons of the same that it maye appere to vs whether there be any pouertie meritoryous and whether amonge the dyuerse maners of pouerte there be any ordre of perfeccion of the one to the other and whiche is the cheyfe hyghest of all other maners of pouertie And for asmoche as all men calleth them ryche whiche haue laufully or of ryghte powre domynyon or possession of temporall thyngê which they cal ryches eyther seuerally or in coÌ„men or both wayes they do call hym a poore man which is without such maner goodes least by reason of the dyuerse vse of certayne of the sayd nownes which we shall haue nede to vse to our purpose the sentence which we entende to declare myght be ambygnouse and doubtfull we shall fyrst shew the dyuerse sygnyfycacions or maners wher in the sayd wordes may be taken And the nownes or names wherof we do meane be these Ius dominium possessio propriâ—m coeÌ„ diues et pauper And fyrste we wyll begynne to shewe the dyuerse sygnyfycacioÌ„s of this worde Ius for we shall nede them in the assygnacyons and dyuysyons of the other wordes but not contrary wyse we shall not nede the other wordes in the declaracyon of the sygnyfycacions of this worde Ius This worde Ius therfore in one sygnyfycacion betokeneth the lawe as this worde lawe is taken in his thyrde and last sygnyfycacion wherof we made mencion in the. x. chapytre of the fyrst parte of this boke and this lawe is deuyded in to two membres or partes that is to wyt the law of man and the lawe of god whiche also as touchynge to a certayne tyme after a certayne maner may be called a lawe after the thyrde sygnyficacion as it was sayde in the chapytre before alledged and of the nature and qualyte of these two lowes and of the agrement also of the dyfference of them we haue spoken suffyciently in the. viii and. ix chapytres of this dyccion Of the whiche chapytres thus moch we wyll reherse nowe agayne for our purpose fyrst that the agremeÌ„t of them is in that that eyther of those lawes is a precepte or prohybycion or a permyssyon of the dedes or workes whiche be apte to set in ordre and rule the coÌ„maundement of the mynde of man but they do dyfferre in this for that the fyrste of the two that is to wyt the lawe of man dothe punysshe the transgressours of it in this worlde and the seconde that is to wyt the lawe of god dothe not so but onely in the world to come And this worde precept is sayd two maner of wayes one way actyuely that is to wyt of the acte or dede of hym that coÌ„maundeth after whiche maner we be wonte to saye that the wyll of any one that hath powre to coÌ„maunde beynge expressed is a precepte or coÌ„mauÌ„dement as the wyll pleasure of a kynge or any other gouernoure when it is expressed or vttered is called the kynges or gouernours precepte An other maner waye the thynge whiche is wylled to be done by the acte of the coÌ„maunder is called a precepte and after this maner we be wonte to say that the seruaunte hathe fulfylled or done the precepte of his maystre not meanynge that the seruaunte hath done the acte or worke of the lorde or mayster which acte is to byd or coÌ„mauÌ„de but meanynge that the seruaunte hath done the thynge which the maystre by his acte that is to wyt by his byddynge or gyuynge coÌ„maundemeÌ„t wylled to be done and therfore as ofte as this nowne precepte is referred to the coÌ„maunder it is alone to say as gyuynge of coÌ„maundement whiche is the worke
or operacyon of hym that coÌ„maundeth but as ofte as it is referred to y â— subiecte it is all one with the thynge that is wylled to be done by the gyuynge of a coÌ„mauÌ„dement and that it is sayde passyuely This nowne precepte then taken actyuely and coÌ„menlye is sayde of the ordynaunce or statute of a prynce or gouernour aswell an affyrmatyue as negatyue statute byndynge the transgressour to some payne or punysshement but properly and after the vsage of this worde nowe a dayes it is taken onely for a statute affyrmatyue for an affyrmatyue statute hath not any propre name belongyng to it selfe after the vse but hathe kepte to it selfe the coÌ„men name precepte But a statute negatyue hathe a propre name belongynge seuerally to it selfe For it is called a prohybycion And I call y t an affyrmatyue statute wherby any thynge is ordayned to be done And I call that a negatyue statute wherby it is ordayned some thynge not to be done and yf suche maner ordynaunce or statute be affyrmatyue byndynge the transgressour therof vnto payne or punyshement it is called a precepte But yf it be a negatyue ordynaunce also byndynge the transgourssours vnto any payne it is called a prohybycion And this worde prohybicion is sayde two maner of wayes actyuely and passyuely euen lykewyse as the worde precepte and these two ordynacyons byndynge the transgressoure vnto some payne are for the moste parte expressed in the lawes eyther accordynge to theyr owne kynde or elles after a lyke or proporcyonale kynde An other maner waye this nowne precepte is taken more straytly or narowly in the lawe of god and lykewyse this worde prohybyted for that statute onely whether it be affyrmatyue or negatyue whiche byndeth to eternall payne and after this maner the deuynes vsen these wordes when they do saye that the preceptes be of the necessyte of helthe saluacyon that is to saye nedely to be obserued yf any man ought to be saued wherfore it is red in the. xviii of Luke yf thou wylte entre in to lyfe kepe the coÌ„maundementes that is to saye preceptes And there be certayne ordynauÌ„ces expressed or vnderstanden onely in the lawes but affyrmatyue and also negatyue eyther aboute one and the same acte or aboute dyuers and sondrye actes which done not bynde the doer or els hym that leueth it vndone to any payne or punysshemente as to exercyse or to not exercyse the worke of lyberalytye and so lykewyse of certayne other workes and suche be properly called thynges permytted by the lawe Albeit that this worde Permissum taken coÌ„menly or generally is sayde otherwhyles of statutes byndynge to payne for euery thynge that is coÌ„maunded by the lawe for to be done y e same thynge is also permytted by the lawe to be done but not contrary wyse euery thynge is coÌ„maunded whiche is permytted So lykewyse what soeuer is prohybyted or forbeden by the lawe for to be done the same thynge is also permytted by the lawe not to be donè Agayne of these thynges whiche be properly permytted that is to say whiche byndeth not to any payne some be merytoryous accordynge to the lawe of god and these be called couÌ„sayles and certayne be not merytoryous and these be called by the coÌ„mune name permyssyons or thynges permytted whiche wordes also so taken that is to saye generally and also specyally or properly are sayd two maner wayes that is to wyt actyuely and passyuely lykewyse as the wordes prohybycyon and precepte or coÌ„maundement But these permyssyons for the moste parte be not expressed accordynge to theyr propre nature and kynde in the lawes namely in the lawes of men for cause of the great multytude of them and also because the generall ordynaunce of them is suffycient in this for euery thynge that is not coÌ„maunded or prohybyted by the lawe is vnderstanden to be permytted by the ordynauÌ„ce of the lawe maker or prynce A precepte therfore accordynge to the lawe in his propre sygnyfycacion is an affyrmatyue statute byndynge the traÌ„sgressour of it to payne or punysshemeÌ„t And a prohibycion pperly is a negatyue statute byndynge to payne or punysshement And a permyssyon ê“perly is the or denauÌ„ce or statute of the law maker byndynge no man to payne after which propre sygnyfycacions we must vse these sayd nownes And of these thyngê thus declared it may coÌ„uenyently appere what this worde Licitum in englysshe laufull doth sygnyfye what we do meane by it for euery thynge which is done accordynge to y e precepte or permyssyon of the law is laufully done is a lauful dede what soeuer thynge is lefte vndone accordynge to the prohybycion or permyssy on of the lawe is laufully lefte vndone maye be called laufull but the coÌ„trary of these may be called vnlaufully done or vnlawfully lefte vndone hereof also it may appere to vs what this worde Phas betokeneth For in one sygnyfycacion this worde phas this worde Licitum ar alone so y t what soeuer is phas y e same is licitum what soeuer is licitum y e same is phas so it may be englysshed laufully In an other sygnyfycacion this nowne phas betokeneth y t thyng which it is reasonably presumed that the maker of the lawe or prynce hath permytted albeit that suche a thynge be absolutely or tegulerly prohybyted as otherwhyles to passe throughe an other mans grouÌ„de or to handle an other mans thynge with out the expresse consente of the owner it is phas albeit y t it is not called ryght or laufull regulerly after any of the wayes maners of these wordes afore rehersed for the handelynge of an other mans thynge is regulerly prohybyted but yet in such a case or chaunce it is phas in which it is reasonably presumed y t the owner or lorde of the thynge dothe coÌ„sent all thoughe he dothe not graunt it â–ª expressely for whiche consyderacion or cause there is nede other whyles in suche thyngê of fauorable interpretacyon of the lawe which of the Grekes is called Epikeia thus then this nowne Ius after one sygnyfycacyon is asmoche to say as the lawe of god or the lawe of man or els a precepte or a prohybycion or a permyssyon accordynge to these lawes But there is a certayne other dyuysion of this nowne Ius specyally of Ius humanum that is mans lawe in to Ius naturale that is y â— lawe of nature Ius ciuile that is the cyuyle lawe The lawe of nature after y e mynde of arystotle in the. iiii boke of his etykes in the treatyse of Iustyce is called that statute of the lawe maker in whiche as beynge honest to be obserued in a maner all men do consente and agre togyther as that god is to be honoured that our parentê are to be worshypped had in reuereÌ„ce that the father mother shulde norysshe and brynge vp theyr chyldren vntyll a certayne season that we ought to do wronge
to no man that we may lawfully put backe iniuryes from vs and other lyke thynges whiche all thoughe they do hange of the instytucyon of man transumptyuely they be called Iura naturalia i. naturall lawes forasmoche as all nacyons after one maner and facyon don beleue these thynges to be laufull and the contraryes of them to be vnlaufull lykewyse as the operacioÌ„s of natural thyngê which yet haue no reason wyll or purpose ben wroughte conformably after one facyon in allnacions as for example the fyre worketh his operacyon y t is to say brynneth here euen so as yet dothe in all other nacyoÌ„s ¶ Howbeit there be certayne men whiche call the lawe of nature the iudgement of ryght reason concernynge thyngê that may be wrought or done whiche they make a parte contayned vnder goddes lawe for because euery thynge y t is done accordynge to the lawe of god accordynge to the couÌ„sayle iudgemeÌ„t of ryght reason is vtterly laufull without any excepcyon But yet not euery thynge that is done accordynge to y e lawes of man for these lawes in some poyntes sweruen croken from ryght reason but this worde natural both here also before hath dyuerse sygnyfycacioÌ„s for there be many thyngê accordynge to y e counsayle iudgemeÌ„t of ryght reason which be not grauÌ„ted of all nacyoÌ„s as honest thyngê As for exaÌ„ple such thyngê which be not euydently knowen of all nacyoÌ„s therfore consequently are not graunted of all nacyons as honest So also accordynge to the lawe of god certayne thynges be coÌ„maunded prohybyted or ê‘mytted which in this poynte be coÌ„formable to the lawe of man which thyng because it is knowen to be so in many thyngê I haue lefte out here exaÌ„ples for the more spede breuenes of our processe And hereof also it coÌ„meth to passe that certayne thyngê ben laufull after the lawe of man whiche be not laufull after the lawe of god backewarde agayne many thyngê laufull accordynge to the lawe of god which be not laufull accordynge to the lawe of man Howbeit for all y t lauful vnlauful at to be taken hede of iudged after the law of god rather then after y e lawe of man in such prceptê ê“hibicioÌ„s or ê‘myssyoÌ„s wherin these ii lawes don dysagre the one from the other But this worde Ius ryght in his seconde sygnyfycacion is sayd of euery humayne acte powre or qualyte acquisyte coÌ„mauÌ„ded interyour or exteriour aswel inwarde abydynge within our selfe as outward goynge from vs in to some exteryoure thynge or in to somwhat of the thynge that is to wyt to the vse or the takynge of profite of y e thynge or the gettynge or holdynge or the coÌ„seruacyon or chauÌ„gynge of the thynge or other lyke conformably to the lawe whiche we do call Ius takynge this worde in the former sygnyfycacion laste before this rehersed Nowe what is Vsus rei or vsus fructus rei with other laufull handlyngê of a thynge by ryght let it be supposed to be knowen of the cyuyle lawe at this present tyme. After this sygnyfycacion we be wonte to saye that it is the ryght of any man when he wylleth or desyreth any thynge or elles handleth or occupyeth any thynge coÌ„formable to Ius takynge this worde in his fyrst sygnyfycacion afore rehersed that is to saye conformable to the lawe wherfore such maner of handlynge or occupyenge of a thynge or suche maner wyll is called ryght or lawe because it is coÌ„formable to y e lawe in that which it coÌ„mauÌ„deth prohybyteth or permytteth Lykewyse as the pyller is called the ryght or the lefte pyller when it is cituate or set in place that is nerer to the ryght or the lefte syde of the sencyble creature Then Ius in his secoÌ„de sygnyficacion is nothynge elles but a thynge wylled by the actyue coÌ„maundemeÌ„t prohybycion or ê‘myssyon of the law maker or prynce which we haue sayde here tofore to be a precepte or a prohybycion or permyssyon passyuely And this is it also which we called a fore Licitum y t is to wyt laufull Agayne this latyn nowne Ius in englysshe ryght sygnyfyeth betokeneth the sentence of them that iudge accordynge to the lawe or theyr iudgementê accordynge to Ius taken in his fyrst sygnyfycacion And after this sygnyfycacion of this worde we are wonte to say y t the iudge or prynce hath done ryght to any man whan by his senteÌ„ce accordynge to the law he hath outher coÌ„deÌ„pned or delyuered hym set hym quyete And also this nowne Ius in englysshe ryght is of the acte or qualytie of perticulare iustyce after this sygnyfycacyon we are wonte to say in our coÌ„men talkynge that he wyl the ryght that that is iuste which desyreth outher equalytie or proporcionalytie y â— is to saye outher euen or lyke in makynge of exchaunges and dystrybuciones ¶ Here it is conuenyent coÌ„sequently to shewe the dyuerse sygnyfycacions of this worde Dominion which in englysshe is as moch to say as lordshyp This worde Domynyon taken straytly specyally in one sygnyficacion betokeneth a pryncypall powre auctoryte to chalenge clayme y t that is optayned by the law or by ryght takynge this worde ryght in his fyrst sygnyficacion I meane y e powre of hym that knoweth dysagreueth not in this and wylleth also that it shal be laufull for no other man to haÌ„dle or occupye that thynge without the expresse coÌ„sente of hym that is to wyt of the lorde owner as longe as he is lorde owner of it And this powre is nothynge els but an actuall or an habituall wyll so to haue the thynge gotten by ryght or lawe as we haue sayd which truely is called the ryght of any man because it is conformable to lawe or ryghte takynge this worde ryght in his fyrst sygnyfycacion after whiche maner we sayd the pyller to be called the ryght or the left pyller whan it shall be truely coÌ„pared touchynge nerenesse vnto the ryght or lefte partê of a man or of any other sensyble creature ¶ Agayne this nowne Domynion is sayd more generally of the powre afore rehersed whether y t powre shall be vpon the thynge onely or els onely vpon the vse or takynge the frute or profyte coÌ„mynge of the vsage or occupyenge of y â— thynge or els vpon all these thyngê togyther ¶ Agayne this nowne Domynion is also sayd of the aforesayd powre belongynge to any man but yet not knowynge or coÌ„sentynge neyther expressely dysagreynge or renouncynge And after this maner a thynge or somwhat belongynge to a thynge may be gotten to an infauÌ„te to one that is absente or to any other persone beynge ignorauÌ„te but yet beyng apte to receyue it with the domynion also or powre to chalenge the sayd thynge from hym that taketh it away to demaunde make clayme to the same afore a iudge outher by hymselfe or by an other in his stede and we sayd here not dysseÌ„tynge or
renouncynge expressely for because to hym that doth expressely disagre renounce or forsake any thynge or the vsage or profyte of y â— thynge such thyngê can not be gotten or recouered neyther domynion or powre to chalenge them For any maner man may yf he lyste lawfully renounce the ryght or lawe broughte in for hym after the lawes of man neyther any man after any lawe is coÌ„pelled to receyue the benefyte of the lawe agaynst his wyl And these domynioÌ„s wherof we haue nowe spoken are legale domynions that because they are gotten or maye be gotten be the ordynaunce of the lawe ¶ Nowe consequently the sygnyfycacions of this worde possessio are to be shewed declared Whiche worde Possessyon taken largely betokeneth one way the same that this word domynion betokeneth in his fyrst seconde or thyrde sygnyfycacion Or els it betokeneth any teÌ„porall thynge in coÌ„paryson to hym y t hath it or els is wyllynge to haue it after such wyse maner as hath ben sayde in the two fyrst sygnyfycacions of this worde domynion wherfore it is red in the. xiii chapytre of Genesis And he was very tyche in possessyon of golde syluer and in the. xvii of the same boke I shall gyue to the and to thy sede or ofsprynge the lande of Canaan in to eternall possessyon ¶ An other maner waye not so latgely this worde possessyon is sayd of the aforesayde domynion with actuall bodely contractacyon handlynge or occupyenge outher presente or elles paste of a thynge or of the vse or of the frute or profyte that coÌ„meth of it after whiche maner this worde possessyon is very moche vsed in the cyuyle lawe ¶ Agayne this nowne possessyon is sayd of the laufull bodely coÌ„traccyon handlynge occupyenge of a thynge beynge his owne or els belongynge to an other man wherfore in the. iiii chapytre in the actes of the apostles it is wryten ¶ Agayne this word possessyon though vnproperly is sayd of the vnlauful withholdynge of a thyng outher in this presente tyme or in tyme paste outher by hymselfe or by an other man corporally handlyd or occupyed ¶ Now it foloweth consequently to shewe the dyuerse sygnyfycacions of these nownes Propre and CoÌ„mune ¶ This worde propre or property in one sygnyfycacion maner is sayd of Domynion as this word domynion is taken in his fyrst sygnyfycacion after this maner this worde propre is vsed in the cyuyle lawe ¶ Agayne takynge it more largely it is sayd of domynion both after the fyrst also after the seconde sygnyfycacion of this worde domynyon And after this maner it is vsed amonge deuynes and also very often tymes in holy scrypture ¶ Agayne this worde nowne Prope or properte is sayde amonge deuynes of the syngularyte of a person or a thynge belongynge onely to one person by hym selfe not with an other for so do they take this worde propre makynge it coÌ„trary to this worde coÌ„mune which do moue this questyon whether it be more merytoryous as touchynge to eternal lyfe for to haue temporall goodes in propre that is to wyt seuerally to hym selfe than to haue the same thynges with one or mo other in coÌ„mune ¶ Agayne this nowne propre or propertye is sayd of an accydent or qualyte beynge in ony subiecte in this sygnyfycacion phylosophers vse this name but yet moste coÌ„munelye for that qualyte whiche can not be deperted from his subiecte nor the subiecte from it ¶ And this nowne CoÌ„mune as touchynge to our purpose at this tyme is taken coÌ„traryly to the two last rehersed sygnyfycacions of this worde propre Nowe it resteth or remayneth to shewe how many maner wayes these nownes Ryche Pore ar takeÌ„ vsed ¶ This nowne ryche most coÌ„munely is sayd of hym which hath to hym selfe superhabundauÌ„ce or superfluyte of teÌ„poral thyngê which they do call ryches for all maner tyme both present to come that laufully ¶ Another maner waye he is called a ryche man whiche hath lawfully vnto hym selfe the foresayd thynges onely in a suffycyent quantyte both for the tyme present the tyme to come Yet agayn this nowne ryche is sayd two maner wayes more properly ¶ Fyrst of hym that hath the thynges aforesayde superhabundantlye more than suffycientlye or is wyllynge also to haue the sayd thyngê in suche maner facyon ¶ An other waye it is sayd of hym that hath the thyngê nowe sayd and rehersed onely suffyciently as it was sayde in the seconde sygnyfycacion of this worde or of hym that is wyllynge to haue them after such suffycient maner ¶ And this nowne poore in his two fyrste sygnyfycacions dyffereth from these signyficacioÌ„s of this worde ryche as a pryuacion differeth from his habite ¶ For one waye he is called poore whiche wanteth onelye superhabundaunce superfluite of goodes althoughe he haue suffycyentlye ¶ But an other waye he is called poore whiche hathe not togyther at one tyme suffycient thyngê for euery maner tyme y t is to wyt bothe presente also for to come ¶ But the thyrde waye he is called poore whiche of his fre wyl without coÌ„pulcion is wyllynge to be berefte of superabundauÌ„ce or superfluite of goodes for euery maner tyme and after this maner or sygnyfycacion this worde pore dyffereth from this worde ryche as one coÌ„trarye from an other contrarye ¶ And the. iiii way he is called poore which is not wyllynge to haue togyther at one tyme so moche as is suffycyent for euerye maner tyme bothe present also to come but otherwhyles wyll of his owne fre wyll lacke or wante them Wherfore not euery sygnyfycacion of this worde pore and pouertye is dyfferynge or contrarye to euery sygnyfycacyon of this worde ryche indyfferentlye And here we ought not to ouerhyppe that of those whiche be wyllynge poore some there be whiche forsake temporall thynges for an honest ende and in a conuenyent maner And other some seme to refuse and forsake suche thynges not for a good intente but for vayne glorye or elles for to do some other worldly dysceyte or gyle Here also it is to benoted marked besydes these aforesayd thynges that of temporal thynges whiche they do call ryches there are certayne of them whiche are apte to be consumed or spente with onely one acte or ones vsynge of them as meates drynkes medycynes and suche other thynges and certayne other thynges there be whiche abyde contynue and are apte to serue to moo vses than one or oftener than ones as a felde a house an axe a garment an horse or a seruaunte ¶ The. xiii and. xiiii chapytres ben omytted as contaynynge no matter moche necessarye ¶ Of the deuysyon of the offyce of preestes that is to say preesthode by essencyall and accydentall auctoryte by seperable in seperable auctoryte And that in the essencyall dygnyte a preeste is not inferyor to a bysshop but onely in
keyes of the kyngdome of heueÌ„s as it shal be more largely declared in the nexte chapytre folowynge And this was openly the mynde of saynt Ihetome in aforesayd epystle in whiche after y t he had shewed by many auctorytes of y e aforesayd apostles y t in the prymatyue churche or in the tyme of the apostles a preest or senyour a bysshop or ouerseer was vtterly all one in the essenciall dygnyte gyuen to them of chryst shewynge y e cause of the sayd thyngê he sayth thus but that one was electe which shuld be aboue other it was done for the remedye of scisme deuysyon leste yf euery man shulde drawe vnto hymselfe the churche of chryst by the reason therof myght be broken or deuyded in sondre For in Alexandria also from the tyme of Marke the euangelyst vnto y t tyme of Hereidas Dionise byssshops y t preestê alwayes chose one amoÌ„ge themselues whome they dyd set in an hygher degre called hym bysshop or ouerseer moche lyke as yf the hoost or army shuld make an emperour Or els as yf the deacons dyd chose one amonge them selfe whome they do knowe to be dylygent and wyse and dyd cal hym an archdeacone For what dothe the bysshoppe ordynacyon onely excepted whiche a preeste myght not do as touchynge to the actes or workes belongynge to y e essencial auctorite For Iherom where he speaketh of ordinacion dyd not vnderstande therby ordynacyon the powre and auctoryte to gyue or the gyuynge of holy ordres for the bysshoppes do nowe adayes many thynges besyde the gyuynge of ordres and so dyd the bysshoppes also in saynt Iheroms tyme whiche thyngê the preestes do not Albeit y t to the gyuynge of al the sacrameÌ„tes by y e dyuyne powre any preest may do as moch as y e bysshop But Iherome vnderstode therby ordynacyon the powre of orderynge suche thynges as pertayne to the seruyce of god other thynges aforesayd gyuen to hym iÌ„medyatly of man or men whiche thynge I do confyrme both by reason and the auctoryte of the same Iherome The reason is this for there hath ben many elected bysshops by the whole people or coÌ„munaltie as saynt Clement saynt Gregory saynt Nycolas many other sayntê to whome it is vndoubted that no greatter holye ordre nor any inwarde characte was gyuen by the people or by theyr felowe preestê but onely powre auctoryte to dyspose ordre the ceremonyes seruyce of y e church to dyrecte rule the mynystres of the temples as touchynge to the exercyse of goddes seruyce in the temple or howse of god for which cause consyderacyon also such persons elected to dyrecte other preestes in the temple and to instructe the people in suche thyngê which appertayne to the fayth called bysshoppes of the olde law makers as of Iustiniane and of the people of Rome were than called Iconomireuerendi And the hyghest of them was called of the same lawe makers Iconomius reuerendissimê° And therfore accordynge to the trouth after the mynde of saynt Iherome a bysshop is none other thynge than an archpreest And that the essencyall dygnyte of a bysshop and of a preeste is all one neyther that one bysshop hath more large essencyall auctoryte than an other bysshoppe Neyther one preeste than an other preeste saynt Iherome also expressed in the aforesayd epystle whan he sayde Neyther it is to be iudged or thought that there is one churche of the cytie of Rome and an other of the whole worlde Bothe Fraunce Englande and Affryke Perselande and the Eest and the west and Inde al Barbarouse nacyons do worshyp one chryste they all do obserue and kepe one rule of the trouth yf auctoryte be sought the whole world is greatter than a cytie where soeuer he shall be bysshop whether it be at Rome or at EngobinÌ„ or at Constantinople or at Regium or at Alexandrie or at Rachane they are all of one the same meryte and all of one preesthode The powre and myght of ryches and the lownes of pouerte maketh an hygher or a lower bysshop but they are all the successours of the apostles But there at certayne other instytucyons not essencyall of the offycê belongynge to preestê as for exaÌ„ple the eleccyon which we haue spoken of a lytle heretofore wherby one of them is taken or chosen to the ordrynge or gouernynge of other as touchynge to those thynges whiche appertayneth to the worshypynge of god or the dyuyne seruyce also the eleccyoÌ„s instytucyons of certayne of them to teache instructe the chrysten people to mynystre the sacrameÌ„tê of y â— newe law to a certayne people in a certayne place appoynted greatter or smaller And also to dyspence dystrybute both to hym selfe also to other pore men certayne teÌ„porall thyngê appoynted ordayned by the kynge or by a plyament for the sustentacyon of poore preachers of the gospel in a certayne prouynce or coÌ„munyte also for the sustentacyon of other poore folkes but yet of y â— onely whiche shalbe superfluous more than nedeth to the suffycient fyndynge of the preachers of the gospell which teÌ„porall goodes so appoynted ordayned to suche vse are after the coÌ„mune vse maner of speakynge nowe a dayes called the benefyces of the churche for these are coÌ„mytted betaken to the mynystres of the teÌ„ples to be bestowed vpon the aforesayd vses to the mynysters I saye therunto ordayned in a certayne prouynce For by the auctoryte essenciall by which they are the successours of the apostles they are not more determyned to teache instructe the people and to mynysters the sacramentes of the newe lawe in one place than in an other but lykewyse as the apostles were not determyned or appoynted to any certayne places to whom it was sayde Go therfore teachr all nacions Chryst dyd not appoynte them to certayne places but they afterwae des amonge them selues deuyded the peoples and prouynces to them selues in whiche they wolde preache shewe the worde of god or the lawe of the gospell and somtyme they were taught where they shulde preache by the reuelacyon of god wherfore also it is red in the seconde epystle to the Galatianes They gaue theyr ryght handes to me and to Barnabas in token of felowshyppe that is to wyt Iames Peter and IohnÌ„ that we amonge the gentyles and they amonge the Iewes c. So than of the premysses it appereth of whome as of the cause effycyent the instytucyon of preesthode is and of other holye ordres Truely of god or chryste imedyatlye albeit there gothe before as preparynge a certayne mynysterye of man as the layenge one of the handes the pronounsynge of certayne wordes whiche peraduenture doth nothynge to this but are so put before of a certayne promyse or ordynauÌ„ce of god It appereth also of y â— same premysses y t there is a certayne other instytucyon made by man by whiche
shepe of the whole worlde but to eche one of them one determynate and pertyculare flocke and prouynce hath ben coÌ„mytted to be gouerned ¶ After that the bysshop of Rome had taken vnto hym selfe the tytle of fulnes of powre albeit not accordynge to the trewe sence of the scrypture as it shall be suffycyentlye shewed in the. xxviii chapytre of this dyccyon Of presumpcion he went further in to an other sygnyfycacyon peraduenture because of lucre and auauntage or elles to vsurpe some other coÌ„modyte profyte or excellencie aboute other men that is to wyt takynge vpon hym selfe and preachynge openly that he alone seuerallye maye after what maner soeuer it shall please hym by his worde vtterlye exempte or delyuer and assoyle synners from the paynes of purgatorye so he calleth them ¶ And after these sygnyfycacions so taken vnder a certayne coloure and appetaunce of pytie and mercye to the ende that fyrste they myght seme of charyte to take thought and care for all men And secondaryly that they myght be supposed to haue powre and to be wyllynge to haue mercy and pytie vpon al men the bysshops of Rome beynge streÌ„gthed with the pryuyleges and grauntes of the emperours as they lowedely lye cheyfly the emperyal seate beynge vacante dyd extende and stretche forth this tytle further Fyrst to the ordeynynge and makynge certayne lawes vpon the clarkes or preestes concernynge the ecclesiasticall customes and ceremonyes whiche at the begynnynge were called decrees And afterwardes by the waye and maner of requestes and exhortacyons they perswaded certayne ordynacyons to the laye men as of fastes and of abstynence from certayne meatê at certayne tymes for y e obtayniÌ„ge of y e helpe mercy of god to take away certayne pestyleÌ„cê infesciones of the ayre from men which raygned at y t tyme as it appereth euydently of the legende of saynt Gregory and of other certayne sayntes But after that the laye men had of theyr owne free wyll taken and receyued suche abstynences and because of deuocyon had by longe custome obserued suche free ordynaunces whiche we sayd to haue ben requestes or exhortacyons than the tyrantes of Rome began to coÌ„maunde openly the same thyngê by the maner of a precepte or law so that they were bolde without y e lyceÌ„ce of the worldly prynces to stryke the trangressoures therof with the terroure or drede of theyr curse or excoÌ„munycacyon but yet vnder the coloure and apperaunce of relygyon or of the honorynge of god Afterwardes theyr appetytes of hauynge do mynyon increasynge more and more and whan they perceyued also that deuout chrysten men were greatly put in feare with suche maner of wordes throughe fearefulnes and ignoraunce of the lawe of god whiche beleued them selues to be bounde vnto those thynges whiche were coÌ„maunded by the preestes for feare of eternall dethe than the bysshoppes of Rome with theyr companye of clarkes presumed further to statute or make certayne oblygarchicall decrees or ordinacyons concernynge cyuyle actes by whiche they pronounced them selues and euery one that dyd take theyr ordre or the offyce of clarkeshyp vpon them yea beynge pure laye men to be exempted from all publyke and coÌ„mune charges promotynge vnto this offyce euyn seculare men and maryed whiche were soone allured therunto that they myght enioye iÌ„munite and fredom from the coÌ„mune and publyke charges by the reason wherof they made no lytle parte of the cyuyle multytude subiectê vnto them selues withdrawynge them from the powre and gouernauÌ„ce of the seculare prynces gouernours And agayne purposynge goynge aboute to withdrawe a greatter multytude they pronounced by other decrees y t all those were stryken with the payne of cursynge who soeuer shall haue done any personall iniuryes what soeuer they be vnto any of them which haue ben taken vnto the companye of clarkes and defamynge also openlye in the churches those that dothe any iniurye to clarkes by excoÌ„munycacyon and no lesse persuynge the same men therfore they requyre to haue them punysshed by the penaltes of the temporall lawes But this that foloweth is a more detestable thynge and verye execrable to the offyce of preestes that the bysshoppes of Rome and certayne other bysshoppes to the intent that they maye ampliate and enlarge theyr owne iurysdyccyon and after that theyr moste fylthy lucre vnto the contempt of god and the manyfest preiudyce of the seculare prynces dothe excoÌ„munycate shyt out from the sacramentes of the churche as well laye men as clarkes beynge peraduenture a lytle neglygent and not regardynge or elles beynge all vtterly vnable to paye certayne dettes of money to the payment wherof they were formally bounde vntyll a certayne terme of tyme appoynted whiche laye men and clarkes chryste with mayne exhortacyons paynes and labours and laste of all by his owne marterdome and precyous blode hathe put or set within the churche So dyd not Paule whiche was made of all facyons vnto all men to the intente that he myght wyn all men to chryste but he wolde that synners shulde be cut away from the company of other chrysten men onely for great and greuouse offeÌ„ces as it hathe ben shewed of vs before of the fyrste epystle to the Corinthyans And yet they beynge not contente herewith but desyrynge the domynyon and hyghest gouernaunce of seculare men contrarye to the precepte of chryste and the apostles hath braste forthe in to the makynge of lawes seuerally from the lawes of the whole coÌ„munaltyes decreynge that all the clargye is exempted from the cyuyle lawes bryngynge in and causynge a cyuyle scysme or dyuysyon and a pluralyte of cheyfe gouernours whiche we haue shewed in the. xvii chapytre of the fyrste dyccion to be impossyble to the quyetnes tranquylite of men alledgynge sure and vndoubted experyence therof for this sayd pluralyte of hedes or hyghest gouernours is the rote and the begynnynge of the pestylence or dystruccyon of the empyre of Italy out of whiche rote all hurtes and occasyons of euyls hathe sproÌ„ge and dothe come forth and durynge the same there shall neuer cease cyuyle dyscordes in the same empyre for the bysshop of Rome hath of longe tyme holden this powre wherunto he crope in by lytle and lytle and by preuy preuary cacyon of custome or rather abuse And he furthermore fearynge least the same powre shulde be reuoked from hym by the emperour and not without a cause for the excesses coÌ„mytted by hym with all wycked dylygence forbyddeth and letteth the creacyon and promotynge of the emperour of Rome and at the laste one of them hathe braste forthe in to so great boldnes that he hath in his decrees expressed the emperour of Rome to be bounde to hym by othe of fydelyte as beynge subiecte to hym by coactyue iurysdyccyon as it appereth euydently to them that lyfte to loke vpon it by the folysshe and vtterly despyse worthy vii boke of theyr narracyons whiche they do call decretalles in the tytle Desentencia
et re indicata To the whiche rasshe and mysaduysed presumpcyon that moste chrysten emperoure a man of all vertues syngulerly amoÌ„ge other pryncê approuyd at all tyme place and state of happye and worshypfull memorye Henry the. viii refusynge to agre as faynynge hym selfe to haue forgotten the othe made is dyscrybed a transgressoure of it by a certayne no lesse false than presumptuouse narracyon called a decretall whose tytle is De iure iurando whiche neuertheles myght worthelye be intyteled De iniusta iniuria et illata dino imperatori suisque successoribê° et affinibus omnibus contumelia that is to saye of the wrongfull iniurye and contumelye or dysworshyp done to the moste honorable and godly emperour and to all his successours and alyaunce for of the makers of the Canon lawe he is pronounced a person defamed or of euyll name because he is as they counte it periured whiche also haue gone aboute to spotte defyle the famouse memory of hym yf it myght haue ben spotted or blemysshed by the wordes or wrytynges of such false wrongfull accusers and dyspraysers But yet the bysshop of Rome with theyr cardynals durste not call these oblygarchicall ordynacions appertaynyng to the powre of theyr owne selues beynge a fewe in noÌ„bre by the name of lawes but they called them decretalles albeit that by the same they do intende to bynde men vnto payne for the state of this present world by powre coactyue lykewyse as the pryncê of the worlde entende in theyr lawes But the cause why they durst not expresse that at the begynnynge by y e name of lawes was this for that that they fered the resystence correccyon of the aforsayd pryncê for the treason which in so doynge they coÌ„mytted agaynst the prynces or gouernours ¶ Agayn at the begynnynge they called suche maner ordynacyons Iura canonica to the ende y t by the coloure of the worde though wyckedly aplyed they shuld be accompted taken for more antentyke and that they myght imprynte the bylefe reuerence obedyence of the sayd ordynacyoÌ„s the more largely in chrysten mens hertes So than to conclude all togyther the bysshops of Rome conuayenge them selues further by lytle and lytle preuylye preched openly the syxe latter sygnyfycacions of fulnes of powre also of them selues by them coÌ„myttynge very many moÌ„struous thynges in the cyuyle ordre agaynst the lawe of god and man and agaynst the ryght iudgement of any man that hath reason ¶ Howe and after what maner the bysshop of Rome hathe vsed the prymacye taken vpon hym and the fulnes of powre in specyall within the ecclesyastycall lymytes or the orderynge of preestes The xxiiij chapytre AFter the aforesayd determynacyons it foloweth consequentlye to shewe after what fascyon the bysshops of Rome hath taken the sayd full powre vnto them seues and hath vsed and doth vse it hetherto and of lykelyhode wyl vse it hereafter yf they be not stopped or letted And fyrst of all howe how they haue vsed it in the instytucyon of the ecclesyastycall offycers dystrybutynge of the ecclesiastycall temporalles or benefyces as well vnto the ecclesyastical mynystres as vnto other myserable persones for whose cause also the ecclesyastycal temporalles hath ben gyuen and ordayned so to be dystributed or dysposed by the mynystres of the churche And afterwardê it is to be shewed how they haue vsed hetherto doth vse and hereafter wyll vse these powres in coÌ„paryson vnto them which do lyue cyuylie as well prynces as theyr subiectes The bysshops of Rome beynge permytted and suffered hetherto and nowe adayes to worke accordyng to his fulnes of powre hathe infected and corrupted all the mystycall bodye of chryste for they haue dymynysshed corrupted and fynally in a maner haue vtterly destroyed and taken awaye eleccyon whiche is the beste waye ye moreouer in whiche way onely is securyte of well instytutynge any maner offycer notwithstandynge that by eleccion the apostles with the other multitude of chrysten men made the instytucion of the deacons as it is had in the. vi chapytre of the actes They haue dymynysshed it fyrste by tournynge the eleccyon in to the clargye alone which was ought to be done by the chrysten prynces They haue corrupted it also by dymynysshynge it as by translatynge y e auctoryte of electynge the bysshop vnto certayne yonge men vnlerned vnskylled in the lawe of god whom they do call Canons And they haue also in a maner vtterly destroyed it For the bysshops of Rome reserue iÌ„medyatlye to theyr owne powre the instytucion of al the ecclesiasticall prelacyes or dygnytes and not onely of these but also of the meane smaller offyces whiche maye agree and belonge to pure laye men as the custody of the teÌ„ples churches the colleccyon and the dystrybucyon of the temporalles or benefyces ordayned appoynted for the sayd offycers By whiche reseruacyon they do decree and determyne all maner eleccions of suffycyeÌ„t approued persones to be voyde of no strength though they be neuer so dewely made instytutynge in the stede of these suffycyeÌ„t persones by the fulnes of theyr powre as they call it beynge ignoraunte or corrupted with money or prayer hatred or loue feare or for pleasure seruyce done to them or for to optayne fauoure or throughe some other croked affeccyon persons ignoraunte and vnskylled in the scrypture of god fooles boyes without lernynge for the moste parte men corrupte of mynde openly knowen for vycious leude dysposed persons whiche can not also speake the language tonge of the people to whom they are made ouerseers gouernours as beynge of an other straunge nacyon wherfore let the pope make answere to chryste in the. x. of IohnÌ„ whiche pope agaynst the true eleccyon that ought to be made amonge other monstruous thynges which he hath done dothe hath instytuted two bysshops of his owne nacyon language the one bysshop of Wynchestre in Englande and the other bysshop of Londe in Denmarke whiche can neyther of them speake any language whiche the people of theyr dyocesis can vnderstande but what maner of persones the same are in learnynge and maners it appertayneth not to me nor nedeth not me to reherce albeit that the bysshop of Londe as it is openly knowen in Denmarke his churche dyocese beynge spoyled and robbed of all the droues of great beastes necessarye to husbandrye and tyllage of the grounde accordynge as the countree requyreth gatherynge great treasures vnto hym selfe by the sale of them and forsakynge his churche is fled from thense and is retourned in to his owne regyon or countree I saye let the bysshop of Rome make answere howe this pastor or bysshop shall call his owne shepe by name knowynge the maners and conuersacion of them or howe shal his shepe folowe hym by vnderstandynge and knowynge the voyce of his preachynge doctryne Neyther it is nedefull nowe to begge or desyre bysshops or curates of other puynces because of
of preestes toke of the same prynces and of the people the gyftes the confyrmacioÌ„s and the inuestytures of theyr offyces as of the prelacyes cures and of other lyke or elles of smaller offyces and also powre to dystrybute and bestowe the temporalles or benefyces Neyther dyd the bysshops of Rome in the olde tyme stryue agaynst the emperours of Rome for cause of suche maner subieccyons neyther agaynst the people or ê‘tyculer persons beynge patrones of the churches For they knewe that they were bounde to this subieccyon by the lawe of god and also by the lawe of man as we haue shewed suffycyentlye by scrypture and polityke reasons in the. iiii v. viii and. xvii of this dyccyon For so we reade of Symachus beynge a man of Sarde by byrthe and nacion that he beynge coelected with one Lawrence through dyscorde was confyrmed pope of Rome by the iudgement whiche Theodorichus kynge made or dyd gyue So also wryteth Martyne of saynt Gregorye This Gregorye saythe Martyne is chosen pope and Mauricius y e emperour confyrmeth hym by his letters emperyall So also the bysshops of Rome were wonte to desyre the confyrmacyon of theyr pryuylegies humbly of the emperours as it is red of Vitelliane whiche was a Syguen borne and of Constantyne whiche was a Syryane borne and of very many other bysshops of Rome yea moreouer they were wonte to go personallye vnto the emperoures by places farre dystauÌ„te for these and other supplycacyons and theyr confyrmacyons to be obtayned as it is red of very many of them in Cronycles and approued hystoryes And also whiche is a greatter thynge IohnÌ„ the. xii was deposed from the popeshyp his demerytes so requyrynge by Otto the fyrste beynge emperour all the people consentynge therunto both the clargy also the laye men So also in the cronycle of Martyne where he speaketh of Benedicte the. ix it is red of two that were elected contenciouslye and deposed by the emperyal censure and iudgement of Henry whiche than was emperour of Rome For to the same pryncypall or cheyfe auctoryte it appertayneth to depose destytute any thynge yf it shall be expedyent to whiche it belongeth to instytute it For asmoche than as euery bysshop ought to be elected by the prynce by the auctoryte of the same he may be destytuted or deposed as it hath ben certyfyed in the. xvii of this dyccion ¶ The bysshops of Rome therfore and of other prouynces and the preestes and all the colledge or companye of clarkes lyued after the example of chryste and of his apostles vnder the coactyue iurysdyccyon and gouernaunce of them whiche were prynces and rulers But throughe the entysement and pryckynge on of the prynce of this worlde the fyrste father of pryde and ambycyon the suggesture and putter in mynde of all other vyces the deuyll certayne of the bysshoppes of Rome were deduced nay rather seduced and brought out from the way of chryst and of the apostles in to an other clene contrary way For auaryce and couetousnes inuadynge and coÌ„mynge in to the myndes of them dyd thruste out from thense y e hyghest merytoryouse or ê‘fyte pouertie which chryste had plaÌ„ted set in the churche And agayne pryde and ambycyon or desyre of honoure and of seculare domynyon inuadynge and coÌ„mynge vpon the same hath dryuen out from thense moste hyghe and perfyte humylyte whiche chryste had coÌ„maunded charged to be obserued and kepte of the same clergy or vnyuersall coÌ„panye of preestê Amonge whiche bysshoppes one Simplicius Tibertinus bysshoppe of Rome is red to haue ben the fyrste that suffered this thynge for this Simplicius takynge to hym auctoryte I wotte neuer from whense albeit that I knowe certaynely excepte he be excused by ignoraunce wherof he toke this rasshe and mysauysed presumpcyon ordayned and decreed that no clarke ought to take his inuestiture of a lay man vnderstaÌ„dynge and meanynge the inuestiture of benefyces offyces of which we haue spoken here tofore albeit yet that by his statute and decree it is euydently sygnyfyed that his predecessours wyllynge to gyue dewe humylyte and reuereÌ„ce to the prynces and emperours were wonte to receyue the aforesayd inuestytures of laye men Agayne an other successoure of his thoughe not nexte after hym Pelagius the fyrste of that name ordayned decreed that heretykes shuld be punysshed by the seculer powres or offycers of which statute or decree it is also to be marueyled for asmoche as he knewe well ynoughe that suche a lawe was made agaynst heretykes in the tyme of Iustiniane emperoure of Rome And because it belongeth not to his auctorytye to make suche maner of lawes in that he was a bysshop vnlesse peraduenture this thynge had ben grauÌ„ted to hym by the auctoryte of the temporall prynce Therfore lykewyse as Simplicius aforesayd dyd so also dyd Pelagius put in his syeth in an other mannes corne by vsurpynge the auctoryte vnto hym selfe whiche appertayned vnto an other man To whome agayne Adryane the thyrde succeded though not imedyatlye in the sayd vsurpacyon for he ordayned and decreed that none emperoure shulde intromytte or medle concernynge the eleccyon of the Pope that we maye vse the wordes of the sayde Martyne whiche statute or decree beynge vtterlye of no strengthe for asmoche as it was made by hym that lacked auctoryte to make suche maner lawes dyd contayne also an open inconuenyence as it hathe benshewed in the. xviii chapitre of this dyccyon besyde that that the contrarye of it had ben roborated and establysshed by longe and laudable custome For albeit that Martyne doth say where he maketh mencion of Leo the. x. y t the Romayns of a lewde and wronge custome desyred a bysshop to be gyuen vnto them by the emperour in that he confesseth it to haue ben a custome we graunte that the sayd truthe but in that of his owne auctoryte he calleth it a lewde or croked custome intendynge therby to iustyfye the aforesayd vsurpacioÌ„s of the bysshops of Rome and to deface the auctoryte lawes of the emperours in this he goynge aboute to please man rather than to please god and the truth sayth falsely and vntruly but he sheweth playnelye the begynnynge and mysterye of this thynge to haue ben shyt vp and closed from hym selfe Neyther credence is to be gyuen vnto Martyne in this behalfe for he with his ordre were partakers of suche maner vsurpacyon For the ordres whiche they do call beggynge freets haue optayned or beleue that they haue optayned of the bysshops of Rome an exempcyon that is to wyt that they are in no poynte subiectes vnder the iurysdyccyon of theyr owne pastores the bysshops or other superyoure prelates ¶ But nowe to retourne to that wherof we spake before it was no lewde nor vnlaudable custome that the bysshops of the churche of Rome were instytuted by the emperours as we haue sayd For we do rede and they also whiche laboure with the sayd Martyne to
prysoners a lyue where soeuer they shall be in to the seruytute of those persones that taketh them Moreouer he graunteth the greatest ecclesiasticall offyces as bysshopryches archebysshop ryches and patryarkeshypes with the meane and smaller ecclesyastycall offyces also he spendeth therto the ecclesyastycall temporalles called the benefyces the treasures and money of the churche that he maye rayse vp all men to enuye and rebellyon to warre and dyscorde agayne the sayd prynce And this he dothe albeit that it dothe nothynge at all belonge to his auctoryte to gyue forthe sentence of any of the forsayde thynges as we haue before euydentlye declared And besyde all these horryble malygnytes aforesayde he exercyseth a newe kynde of wyckednes and malyce whiche semeth manyfestlye to smell of heresye for he rayseth vp in to rebellyon agaynst the sayde catholyke prynce his owne subiectes and leyge people assoylynge them by his deuyllysshe sayenges or wrytynges which he calleth for al that apostolycall wryttes from the othes of fidelyte by whiche they had ben and in verye truthe are bounde to the ofte rehersed prynce And suche maner absolucyons he publyssheth and preacheth euery where by certayne mynystres of his myschefes whiche by suche maner exercyse do hope or truste to be promoted by the sayde bysshoppe vnto ecclesiasticall offyces and benefyces ¶ That this worke is not an apostolyke but a diabolycall dede it is euydent For accordynge to this and by this the sayde bysshoppe with all his complyces ordynatours consenters and executers in worde wrytynge or dede beynge blynde with couytousnes with pryde and ambicyon and fylled with moste great iniquyte as it is euydent to all men be guydes and leaders of all them that do gyue credence vnto them or that folowe them by worke or dede in all the aforesayde sayenges or wrytynges vnto fallynge and goynge downe heedlynge in to the dyche or pytte of deadly synnes Fyrste in to manyfest open periurye afterwardes in to treason and iniurye open and playne to all men consequentlye he causeth them to fall in to rauyne or robbrye manslaughter and in a maner in to all kyndes of myscheuous synnes in whiche they dyenge without repentaunce and beynge begyled by this moste holy father and his mynysters and yet not be excused before god for theyr grosse ignoraunce are caste downe heedlonge and drowned in hell that is to wytte in the pytte of perpetuall dampned persones For this is and ought to be vndoubted to euery man that hathe reason and that is able to vse it that neyther the bysshoppe of Rome neyther any other preeste may assoyle any man from suche maner or any other lawfull othe outher gyuen or made or els promysed Nowe it is euydent to euery man which wyll stande to his owne conscyence and whiche is not troubled with any synystre or croked affeccyon that the cause whiche the bysshoppe of Rome pretendeth agaynst y e deuoute prynce Lewes agaynst any other prynce in lyke case is not resonable but vnresonable vndyscrete and vniust wherfore the gydynge doctryne and exhortacyon of this bysshoppe and of his mynysters in such thynges is to be eschewed and auoyded and vtterlye to be despysed as the thynge whiche leadeth and bryngeth in conclusyon vnto the eternall deathe of soules For it is playnly and openly contrary to the holsome doctryne wordes and sentence of the apostle Paule in the xiii to the Romaynes in the. vi to the Ephesyanes in the. vi of the fyrste epystle to Tymothe and in the seconde and thyrde chapytres of the seconde epystle to Tite For there the apostle teacheth openly that subiectê ought to obeye theyr carnall lordes not onely beynge good and gentyle but also beynge hasty and frowarde as saynte Peter saythe in his fyrst canonycall epystle the seconde chapytre Howe moche more than ought they to be obedyent whan they are bounde to them by an othe whiche thynge the gloses also after the myndes of sayntes in the same places more largely do declare sayenge manyfestlye That subiectes are bounde and oughte to obey theyr lordes yea thoughe they be infydelles and neuer so frowarde or euyll but yet vnderstandynge meanynge this in suche thynges as be not contrarye outher in worde or dede to the lawe of god ¶ But it is vndoubted that the wordes and workes by whiche the bysshop otherwyse called the pope of Rome inueheth and procedeth agayne the emperour of Rome are neyther the coÌ„maundementes of godes lawe neyther consonant or agreable vnto it but rather dissonaunt and manyfeste repugnaunt and contrarye to the sayde lawe as it hathe ben shewed by the scrypture in the. iiii v. and. ix chapytours of this dyccyon Agayne to obeye to the bysshoppe of Rome or any other bysshop reachynge or preachynge these thynges is none other thynge than to suffre the rote of all regymentes and gouernaunces to be cut vp and the bonde and knot of euery cyuylyte and kyngdome to be losed or broken in sondre for I do suppose that suche maner roote or bonde is none other thynge nor it ought none otherwyse to be taken but the othe and fydelyte of the prynces and theyr subiectes of eche of them to other And in dede this fydelyte of the forsayde subiectes as Tullius saythe in his fyrste boke intytled De officiis is the fundament or groundesell of all iustyce whiche fydelyte betwene the gouernours and the subiectes whosoeuer gothe aboute to dyssolue or breake he gothe aboute to gette vnto hym selfe no lesse thynge than that he maye accordynge to his owne entent and pleasure ouertourne and destroye the powre and hyghe auctorytie of all pryncê and gouernours of the cyuyle coÌ„munyte and afterwarde to brynge the aforesayd subiectes in to his owne seruytute and bondage And besydes this also to trouble the peace and tranquyllyte of all men that lyueth cyuylye and so by reason therof or by some other meanes to depryue them of theyr suffycyeÌ„t lyfe in this worlde and fynallye to brynge them that ben so dysposed in theyr mynde yf they maye therto attende as we haue sayde vnto the eternall dystruccyon of theyr soules Wherfore let all Chrysten men dyspyse and beware of the vayne promyse of pardon forgyuenes for it is a thynge clene coÌ„trary agaynst y e lawe of god And the pernycyous and madde doctryne of the bysshop of Rome or to call it more truelye the seduccyon of soules of this bysshoppe of Rome and his complyces which be the colledge of clarkes or of cardynalles worse than the doctryne of the pharyseys regardynge Chryste whiche counsayleth and teacheth the same in the. xv chapytre of Mathewe whan he saythe to all chrysten men but yet in the persone of the apostles Suffre them or lette them alone that is to wytte the pharyseys which at that tyme were supposed to be the teachers of Moyses lawe but for all that they were of erronyous opynyon in the vnderstandynge of the lawe and in a maner contynuallye contrarye vnto Chryste and agaynst hym
our coÌ„fessyon be approued and alowed by the iudgement of thyne apostleshyp in which sayenge Iherome semeth to meane that it appertayneth to the auctoryte of the bysshop of Rome alone to defyne determyne the doubtefull sentences of the lawe of god also in the artycles of the faythe it is to be answered sayd that Iherome dyd not so meane but he spake these wordes onely for somoche because it dyd belonge to the bysshop of Rome to gyue answers of suche doubtes whiche had be defyned determyned by the generall couÌ„cell aboute the catholyke faythe and aboute the ecclesyastycall customes and ceremonyes For the bysshop of Rome his churche was for this cause made heed most pryncipall of al other churches And a token that Iherome dyd meane so as we haue sayd is this for that in his epystle to Euandre repreuynge rebukyng certayne vsagê customes or maners aboute the deacons of the churche of Rome he sayth thus yf auctoryte be sought for the whole worlde is greatter than a cytie that is to saye the auctoryte of all the churches of the worlde is greatter than the auctoryte of the churche of Rome But yet yf it had ben so that Iherome had meaned that the bysshop of Rome alone had this sayd auctoryte appertaynyng to hym I do refuse his sentence as beynge not canonycall neyther necessarelye deduced coÌ„cluded by the canonycall scrypture ¶ And to y t whiche was brought in of the. xv of Luke he that hereth you hereth me c. it is to be answered sayd that it is true who soeuer hereth you in teachynge the true worde of god and speakynge accordynglye agreablye to the scrypture not blasfemynge vniustly after whiche maner chryste sayde of the pharysyes Do suche thynges as they do say that is to saye do such thynges which they do saye accordynge to the lawe of god as saynt Iherome sayth in y e. xxiii chapytre of Mathewe vpon this sayeng of chryste imedyatly afore reherced Or els thus who soeuer hereth you c. in the thyngê coÌ„maunded or prohybyted by the lawe of god he is bounde ¶ And to the reasons of Bernarde and fyrste of all vnto that whiche is taken of the seconde boke De consideratione vnto Eugenius pope who arte thou sayth Bernarde the same makynge answere sayth a great preeste hyghest bysshop It is to be answered sayd that yf he vnderstode this by the imedyate ordynacion of god or by the coÌ„maundemeÌ„t of goddes lawe his answere is to be denyed for so it shulde not be coÌ„sonaunt agreablye to the holy Canon or scrypture neyther to y e thynges necessarelye deduced and folowynge of the sayd scrypture But yf he dyd vnderstonde this prymacye or pryncypalyte to agre or belonge vnto hym by the eleccyon or instytucion of men than it is an other thynge And whan he addeth thou arte the pryncypall or cheyfe of bysshops it is true takynge this worde princeps largely y t is to say more pryncipal by the aforesayd institucion but takynge this worde princeps strayghtly narowly y e sayenge of Bernarde is not to be grauÌ„ted For the same Bernarde denyeth the same Eugeniê° coÌ„sequently any other bysshop to haue domynyon or soueraygnte as we haue alledged heretofore in y e v. chapytre of this dyccion of the fyrst boke and the. v. chapytre to the sayd Eugeniê° Thou arte the heyre or successour of the apostles so also are y e other bysshops Thou arte saythe Bernarde in prymacie Abell that is trewe thou arte taken chosen for hym but yet by the eleccyon of men or for the reuerence of hym which in tyme was fyrste of all the apostles In gouernaunce thou arte Noe. This is trewe by the instytucion of men amonge clarkes and aboue clarkes In patryarkeshyp thou arte Abraham This is trewe in mynystrynge spyrytuall thyngê onely and by the instytucyon of men Thou arte the father of all spyrytuall fathers In ordre Melchisedech This is trewe as touchynge to preesthode whiche was fygured of chryste by Melchisedech after whiche maner all other preestê are also But not as touchynge to kyngdom for as touchynge to this Melchisedech fygured chryste onely and sygnyfyed none other preeste elles whiche was bothe kynge also preeste and yet for all that he dyd not fygure chryste in this as touchynge to worldly kyngdome For chryste neyther came to raygne neyther wold raygne after this maner that is to wyt worldly as we haue shewed in the. iiii of this dyccion But Melchisedech whiche was both a preest a worldly kynge fygured the preesthod of chryste his heueÌ„ly kyngdom not worldly And so moche the lesse than he fygured earthly or worldly kyngdom or domynion in any preest or bysshop For saynt Bernarde denyeth such maner kyngdome to belonge vnto the bysshop of Rome in the place afore expressed more expressely neyther also as touchynge to the prymacie of preesthode Melchisedech dyd fygure any other besydes chryst but this prymacie or principalite is in other preestê as we haue sayd by the instytucion of men In dygnyte Aron This is true as touchynge to the symylytude of prymacie preemynence amonge preestes but yet after a dyuerse maner sondry fascion For Aron was cheyfe preeste by the imedyate instytucyon of god but not so the bysshop of Rome or any other bysshop beynge the successour of the apostles In auctoryte Moyses The same Bernarde sayd the coÌ„trary hereof openly in the fyrste boke De consideratione in the. v. chapytre in the. iii. boke fyrste chapytre For Moyses was prynce gouernour as touchynge to coactyue lawe as it appereth in the. vii of actê which thynge Bernarde denyeth to beloÌ„ge to any successour of the apostles in the place afore alledged Agayne Moyses had this by y e imedyate ordynacion of god vpon al Israell But y e bysshop of Rome hath this imedyatly by the graunte of man onely onely vpon the euaÌ„gelycall mynystres the mynystres of the temples In iudgemeÌ„t Samuell this is true to the lykenes of Samuell but yet after a dyuerse sondrye maner fascyon for ii causes Fyrst because not by the imedyate ordynacion of god as Samuell SecoÌ„darylye because onely vpon preestê other inferyor mynystres of the gospell but Samuell was indyffereÌ„tlye vpon al y e people of Israell In powre Peter this is true in the essenciall powre by the workynge of god imedyatlye so is also euery other bysshop or preeste but yet euery bysshop of Rome hath his prymacie aboue other bysshops or preestê onely by y e instytucion of man imedyatly whether Peter had it by the imedyate instytucion of god or not or els by the eleccion of the apostles whiche thynge rather we beleue or suppose accordynge to the scrypture yf it be so that he had any suche prymacy at all as we haue shewed in the. xvi of this dyccion
causes of dyuyne lawes The Imagê or fygures of sterres or constellacions The soules of men to entre in to y e bodyes of vrute beastes The fable of Tantalus Tartara hell The preestes of y e gentyles what maner men were instytuted to be preestes amoÌ„ge y e gentyls Of wat maner men god is to be worshypped The lawes or sectê of the gentyles had not right opynyon of god Adam was created to the image of god what maner was the falle or offence of Adam and what maner one the punisshemeÌ„t therof Originall synne Chryste was free from orygynall synne MaÌ„ was made sycke in soule by orygynall synÌ„e Ritus holocastorum CircuÌ„sycion The lawe of Moyses Sacerdotes acleuite The vtilitie of the lawe of Moyses The lawe of grace why our workes are called merytoryous Vntyll the coÌ„myng of chryste y e fathers remayned in Limbo why man was not restored forthwith after his fall The offyce of preestes deacons The ende or fynall cause of the offyce of preestes The fynall causes Lybertie is y e fynall cause of warre Of what maner men iudges ought to be made The ê‘tes of a cytie at meÌ„ profytable to the commen weale Regimen teÌ„peratum Aegimen vitiatum Monarchye Regall Tyrannye Aristocratia Oligarchia Politia Democratia The wyll of god is the cause of Regall preesthode Monarchie 1 2 The maners of gouernoures in Asia 3 4 Heroycall tymes Who were heroes 5 There are ii sortes of prynces or gouernours the one ouer voludtarie subiectes the other ouer inuoluntarie subiectes This worde lex hathe many signyfycacyons Lex is put for an inclynacyon Lex is put for a secte Lawe maye be taken two manÌ„ of wayes Howe y e lawes is acoactiue precept The necessytie of makynge lawes is declared Iudgê be corrupted throughe euyll affeccyon Derye fewe thynges be to be coÌ„myted to the pleasur of the Iudges MaÌ„nes mynde is not without synyster affeccyons No thynge is to be iudged without a lawe Iugementes are geuen after dyuers maners The lawe whiche at the begynnynge is vnperfyte is finysshed made perfyte by the addicyons of them y t come after Long delyberacyon is to be taken before that any sentence or lawe be pronounced Prudence requyreth long experyence what maketh an experte man Artes ar not made perfyte by one man alone How or wher of craftes hathe takeÌ„ theyr perfeccyon Who were the fyrste inuentours of musyke Arystotle bosteth hym self alone to haue ben the fyrste inuenter of logyke The lawe was signyfyed of the olde wyse men by the iye Why wherfore lawes at necessarie Let the iudge determine nothynge without a lawe A goodly sentence What thynge destroyeth kyngdomes The hystorye of Susanne TheopoÌ„pue The example of Theopompus It is not lawefull for a prynce to greue his subiectes with any eyaccyon contrary or besyde and without the lawe The dyscrypcyon of the lawe He meaneth here of those lawes which do passe by acte of parlyament Howe the promulgacyon of lawes is to be made The dyscrypcyon of a cytezen c. The auctoryte of makige or gyuynge lawes The best law is that which helpeth to the coÌ„mune profyte Howe and of whom y e law is to be gyueÌ„ In all this longe tale he speaketh not of the rascall multytude but of the parlyament A cytie is a coÌ„mune societie of fre meÌ„ Not onely wyse men caÌ„discern what thynges are to be done Euen vnlerned men also may dyscerne of lawes to be made Howe this auctorite stultorum infinitus est munerus is to be taken and vnderstanded The makers of y e decretals had respecte all togyther to their owne synguser profyte Oligarchia is declared be fore in y e. viii chapytre The begynniÌ„ges of thynges are very harde to be founde out That maÌ„ is best which of hym selfe koweth what thynges are to be done The maner of inuentyng or fyndynge out lawes Whan lawes dothe bynde What qualyties he that shal be a price or gouernour ought to haue in hym The propre worke of a prynce or gouernoure Catifine with his complices were ponysshed of Cicero Place tyme ordre in execucyon may at some seasoÌ„ vpon good polycye be altered The wysdome of Cicero Tullianum The descrypcyon of Prudence The prynce or gouernour ought to folowe y e lawe Prudence is necessary to a prynce A prynce ought to be iuste or ryght tuouse what Epicikeiais and of his nature There is req â—red in a price loue to warde the coÌ„mune weale Howe many what maner men of armes ought to be aboute a prynce for what cause The propre subiecte of maÌ„s lawes without a prynce or gouernour a realme or coÌ„mune weale cannot contynue A prynce ought to surmount all other in vertue prudence The coactiue powre of a prynce or gouernoure is lyke to y e heate or spyryte iÌ„ maÌ„ or beast Men of wysdome are to be appoynted of the prynce to be offycers and not hare brayned felowes men of smal coÌ„scyeÌ„ce lesse descrecyon A good law lytle kepte in some place It belongeth vnto prynces or gouernours to ordayne and appoynt what arte or scyeÌ„ce eche one of y e yonge men ought to lerne for y e coÌ„mune vtylyte He meaneth of suche offyces as y e prynce or kynge wyll haue in stytuted by acte of perlyament els all other officers degres it lyeth iÌ„ y t kyngê absolute power to appoiÌ„te at all tymes Where soeuer he speaketh of such multytude he meneth when it is assembled in y e perlyamente remeÌ„bre this to auoyde captyousnes Let y e prynce restrayne the excessiue multytude of preestes and of poore folke Preestes and poore men Let a prynce or gouernour coÌ„maunde honest ryghtfull thynges both by his worke also by his wordê The prynce or gouernour helpeth the other partes of the cyuyle coÌ„munyte The prynce or gouernour ought neuer to cease from his offyce or dutie doynge Letthe lawes alwayes and contynually endure 1 2 Men lately made tyche so lykewyse that they be newe elected to be kynges or gouernoures at proude for the moste parte 4 5 Theodectus poete 6 It is necessarye but very harde to fynd electours to a good eleccyoÌ„ 7 8 9 10 11 Let there be but one kyng or heed gouernoure Many men maye be heed gouernours beynge al as one in offyce Many prynces or heed gouernours are pernycyous to a cyuyle coÌ„munyte or realme Why a cytie or realme is called one It is called but one worlde because of one god A kyngdom is called one because of one kynge or hed gouernour The descrypcyon of a quiete a peaceable cytie we ought to pray for heed offycers that we may lyue in peace Iesu chryste The apostles of chryste The lawe of the gospell The sacrameÌ„tes of y e churche The sacrament of the aulter The powre of the keyes The karact of holy order The primate shyp of y â— spyrytuall commeth of man Peter the bysshop of Anteoche The donacyon or gyfte of CoÌ„stantyne 8 Clement y e. v
iÌ„ that respecte that they offende goddes lawe whiche is onely referred to god to be punysshed euerlastiÌ„gly Chrysostome Nota. Euen so were it pyte to be grauÌ„ted in o â— tyme wherein be so many tyrauntê of the clergye Hilarius Hilarius I feare me there hath beÌ„ yet be many such Arrians yf they myghte haue the fulswynge of swerde in theyr own handes It is tyme to punysshe Hilarius for he rayleth agaynste the clargye Ambrose Bysshoppes takevpon theÌ„ more auctory tie than chryste had As obstynat Thomas of CauÌ„terbury otherwyse called Thomas Beket Chryste wold not y e preestes of the newe lawe to be coactyue powre Not all y e preceptê of y e olde lawe ar to be obserued Augustyne Yea and to be punysshed in this world by the prynce The lawe of the gospell to suffycyent is the lyfe euerlastynge Here ye se y â— we lacke no necessary vnwryten vanytyes verities I wolde saye but y e scrypture is perfite suffycient as the auctoure affyrmeth Onely god is perfyte Gregory Obieccyons The preste is the mynystre of goddes lawes Answere to the obieccyoÌ„s before proponed Be not here so hasty captious as to thynke y t because of these words thauctoure wolde haue no heresy punysshed as it may seme but reade a litle further se the coÌ„clusyon how he wold haue it punysshed by y e coÌ„men law not by no spyrytuall lawe or man Heretykê are to be taughte exhorted by the preeste When heretykes are to be punysshed by whome Of a certayne ordre and dewe pcesse to be obserued in y e bultyng forth of all treuth Howe heretykes are to be examyned iudged By leprye he resy is sygnyfyed Nota. What maner men bysshoppes ought to be Wytnesses Fornycacion Why heretykes ben punysshed As where the cryme brosteth forth That is to saye he shall not be punysshed in an other worlde for breakyng of his daye of paymeÌ„t so y t he paye after wardes be it in case y t he myght not kepe his daye Who ought to iudge of heretykes and vnder what maner Synners are fygured by the lepres Answers to obieccyons made before A preeste is a teacher not a prynce An heretyke is not to be coÌ„dempned by a preeste Se these obieccyoÌ„s in the begynnynge of this chapytre Chryste was the teacher of humblenes pouertie what bisshoppes ought to chose Chrysostome workes be requyred in a preeste The euyll lyfe of bysshoppes Note this well The preestes don robbe the poore people That preeste do waste vnthrystely the goodes of poore men Of benefycê euyl vnhappely bestowed by the clargy Symon Magus Note this â–ª beare it well awaye Preestê shuld be y e despisers of worldly thynges Pouertye is not settynge or semely for a prynce but he must nedes be of a ryght hyghe estate powre and rychesse Bernarde The donacyon of CoÌ„stantyne That coulde not the emperour do iustly Barnarde How lyke ye Barnarde my lordes The pope is successoure to CoÌ„staÌ„tyne not to Peter Ryche Poore Ius Ryght The dyffereÌ„ce of the lawe of god the lawe of man Precepte Prohybycion Precept how it is taken in the lawe of god Permission Counsayles Precepte Prohybycion Permyssyon Laufull Unlaufull Phas Ius Iusnaturale What this worde Ius doth betoken Ius What domynyon is 1 2 3 what possession is 1 2 3 4 Propre 1 2 3 4 CoÌ„mune who is called ryche 1 2 3 4 Poore 1 2 3 4 The instytucion of preestê At what tyme y e apostles dyd receyue y e powre of preesthode Tibi dabo clauos Two powers or auctorite beloÌ„gyngeties preesthod The auctoryte essencial or inseperable Iherome Tibidabo claues Marke this terme Euery church how y t euery preest hath as moch powre in byndyng and lousynge as the pope Presbiter Episcopus The same is a preest which is a bysshop that is to say bysshoppe or preeste are all one Candy Wherfore Paulecalleth preestes bysshops or ouer seers Whan bysshops or prelatê were first instytuted and why Nota. The eleccyon of man augmenteth not the powre of spiritual byndynge and losynge in a bisshop nor decreaseth it not in a preest Emperour Archdeacon Cecidit Babilon Iherome A preest may manystre all sacramentes as well as a bysshop by y e lawe of god In the olde tyme they were called Iconomi reuereÌ„di which now are called Episcopi A bysshop is an archpreest Iherome Or at CauÌ„terbury or at Lyncolne Ecclesiasticall benefycê The ceremonyes of the churche what maner ones they are Augustyne Paule toke nothynge of Peter Ambrose Paule was not sent of Ananias Paule was more worthy apostle Howe and after what maner Peter was superyor to the other apostles Saynt Pet had no more auctorite thaÌ„ the other apostles had Augustine That y â— apostles were egal in dygnyte Why Peter was called y â— price or cheyf of y e apostles The decretalles made by men Euery one of the bysshops is the successour of saynt Petre. Who is y â— successour of the apostles The bysshoppes of Rome are rather the successours of Paule then of saynt Peter Saynt Peter was not onelye not bysshop of Rome but also he neuer cam there Legenda Ecclesiastica Chryst is the stone where vpon y e church is grounded buylded The apostles not Peter onelye layde handes vpon them y t shulde be made deacons Fooles desire promocyon dygnyte Albeit y t in y e prymatyue churche somtyme it happened y e bysshop to be chosen of y e multytude because ther lacked chrysten prynces to rule the matter yet y t was a dauÌ„gerous maner as our author sayth ful wel then moche more it were daungerous nowe adayes It were a wyse way nowe also one bysshop to be electe by an other yf men might be sure that y e bysshops were all of the apostles complexcion but because there is a great doubte in y t thaÌ„ked be god a more wyse sure way is founde y t the eleccyon all togyther beloÌ„geth to the kyngê moste gracyous hyghenes As it is grauÌ„ted to o â— most gracyous sorayne forde y e kynge by acte of ê‘lyament It were to moche tedyous for the kyngê grace to be troubeled his owne persone with the eleccion of euery symple preeste as meÌ„ cal them and therfore his grace may coÌ„myt y t offyce to them y t ben vndernethe hym whiche yf they wolde be neglegeÌ„t vncircuÌ„specte in the leccyon of them yet ought not the bysshop hastely to put his handes vpon them but to shew y e kyng therof in whom is the onely remedy Chast in matrymony he meaneth Of whom y e mynister of y e churche is to be chosen As is y e turke This is to be vnderstaÌ„ded where the consent of y e heathen prynce can not be optayned for yf it may his eleccyon is of good force before god As in turkye with suche lyke places The mynyster of the gospell ought to haue his fyndynge Of the gyfte of the ecclesiasticall benefyces An
inuyncyble reason Hugo de sctoÌ„ victore Canon or scrypture S. Paule was a chosen vessell The chrysten fayth was fre vntyll CoÌ„stantynes tyme. Why Alyen bysshoppe sought couÌ„sel before the reygne of CoÌ„stantyne the emperour of at the bysshops of rome Howe bysshoppes came fyrste from Rome which I beseche the good reder to marke with all dylygence for it is worth moche worldly treasure Howe lawes ordynauÌ„cê were fyrst receyued from Rome aft what maner and wolde to god it had neuer ben worse Isodore The churche of Rome receyued ordynauÌ„ces of the churche of Grece Se how vertue is peruerted to mysche fe by to moch sufferaunce CoÌ„stantyne y e emperour If thou wylt se y e truthe of this gyfte rede the boke entytled y e gyft of CoÌ„staÌ„tyne the emperour thou shalt there se many festly that it was but forged of the bysshoppes of Rome Who gathered y e first couÌ„sell called CoÌ„cilium Necenum To what scrypture sure credence is to be gyuen Augustyne Saynt Augustyne iudgement of bokes Augustyne The counsell of Carthage Non credereÌ„ euaÌ„gelio nisi me catholice ecclesie coÌ„moueret aucthoritas Howe saynt Augustynes sayenge is to be vnderstanded Non crederem euaÌ„gelio nisi me catholice ecclesie aucthoritas coÌ„moueret Why y e iudgement of the churche is trewe Howe many maner wayes fulnes of powre maye be taken Howe and wherfore fastynges from certayne kyndes of meates at certayne dayes cam fyrste vp and was fyrst receyued Under the colour of religyon hath sproÌ„ge moch myschefe After ignoraunce foloweth folysshe feare after that fonde obieccyons as is this were there not as wyse men before our days as there ben nowe Exempcion of clarkes The deuyll is latten lose to blowe his trompettes Cursynges for money S. Paule The cause of the vndoyng Italye Treason O shameles chyldren The coÌ„meÌ„dacion of Henry the. viii emperour of Rome the cause of his most cruel deposycyon The tytle of Iure iuraÌ„do why the spyrytual lawes were named Iura canonica that is to saye the canon lawes hereby note the crafte of the deuyll The churche that can not erre A bysshoppe ought to be able to teache Lawyers lawyers al lawyers Nota. A similitude The interpre tacyon of the Image whiche Danyell descrybeth what chryste taught Orbane was the fyrste bysshop of Rome that possessed landes Note this agayne Howe excoÌ„munycacyoÌ„s cam fyrste from Rome Howe councelles were fyrst congregated and gathered Offices seê‘able and inseperable The canony call lawes were fyrst made agaynst preestes and not agaynste laye men As it is falsely fayned The pryuyleges of prestê And nowe they be many vndeuoute Ambrose of the armure of preestes But nowe y e contrary nedeth Marke this ye prynces lese not your hono â— regall Vitellianus papa CoÌ„staÌ„tyne pope To this poynt they wold be broughte agayne IohnÌ„ the xii pope is deposed by Otto I pray god that I mayese such thyngê agayne both in this laÌ„de otherwhere Simplicius Tibertinus was one of y e fyrste traytours bisshoppes of Rome Inuestiture This good honest man gaue y e emperour a pygge of his owne so we Adriane y e. iii pope was a worshypfull pÌ„late I warraunt you Here ye mayese y t no writer of histories is to be trusted at all tymes that a man may soone be deceyued in them excepte he haue a ryghte iudgement fyrst in scrypture Martin was a freer begger This he meaneth of bysshops within y e emperours dominion for els the emperour hathe nought to do in the leccyon of bisshops in Englande This punysmeÌ„t wolde be put in vre Steuen Nicholas The bisshops of rome haue caused moche stryfe debate and blode shedynge Pope Pascal a good man but small Calixte pope He durst non other do then but I thynke y t freer Martyne lyeth Otto the. iiii emperoure Frederyke y e seconde Be not angry The bisshops of Rome ben thefes and robbers Tyranny vsurpacyon Oh shame of all shames Obstynacye As agaynst Englande Fulnes of powre is an execrable tytle Folnes of powre full ynoughe I trowe and yf the deuyll be not in it DeseÌ„teÌ„cia et re iudicata Marsilius of padway the herolde of truthe Here al kingê take hede yf ye wyll not haue your crownes pulled of your hedes or the successyon of your bodyes betrayed for in y â— decretallê is manyfeste treason coÌ„ceyuyd agaynst you all eke the succession of your bodyes The bysshop of Rome is bothe false presuÌ„ptuous Asymylitude The frutê of o â— holy herdesmen or bysshoppes The spouse of chryst and y e church must be a cloke to couer alwyckednes The spouses of chryste Barnarde The popes haue succeded not Peter but Constantine or rather NiÌ„roth y t cruel thefe tyraÌ„t Treason towarde y e emperour of Rome in the decretalles The coronacyon of y e emperoure Let al kyngê by this take hede how they suffce the bysshops to exercyse any ceremonyes about or vpon them yea or bisshop vpon bisshop vndre what coloure of holynes so euer it be for in conclusion an other daye yf they maye come a lofte they wyl chaleÌ„ge therby a certayne powre and make therof a certayne refygyon necessary holynes and a lawe of god The vnlaufull othes of y e emperours to y e bysshop of Rome Pardons Absolucions An obieccion Answere No nor yet to any other creature or creaturê lyuyng The fruytes that haue coÌ„med and proceded these many huÌ„dred yeres from y e seat of Rome from our holy fathers there mayntayned by o â— holy fathers here Of true obedyence towarde kyngê and prynces whiche y e bysshop of rome with his churche yet neuer taughte The vertue of the popysshe pardons The pharysyes were a figure of our sophistical DuÌ„sers Thomatistes Who soeuer resysteth y e power of a kynge or hed prynce is of y e deuyll yea though he were an aungell of heuen yf it were possyble moche more then a bysshop or a preeste a popysshe pylled freer monke or chanon or a peuysshe nunne Disobedient The emperours ar vexed of the bysshop of rome so be all other kynges of theyr bysshops clargye For what day the bysshops clargy do wayte A cunnynge poynte of practicasyon He studyeth to brynge the same to passe in Almayne Who ben the sones of the churche as y e bysshoppe of Rome calleth them Who ben heretykê as y e bysshop of rome calleth them The bysshop of Rome deuoureth the shepe Absolucion from synne payne to all that wyll be traytours to theyr prynces Let chrysten men be a shamed of theyr madnes Champions of the deuyl not of chryste He calleth hiÌ„ selfe the vicar of chryste he ought more truely be called the vycar of the deuyll A captayne Cardynall An abbot of cheualrye The eÌ„perour is called of my lorde abbot a fauourer of heretykes It is not onely not semely but also forbeden by the lawe of god for preestes to be men of warre The bisshops ben
wynges ¶ And the dyfference of the operacyons coÌ„maunded or done with good aduysement and of the operacyons not coÌ„maunded or done without aduysement is by the reason of that whiche we haue sayd here tofore because of the operacyoÌ„s not coÌ„maunded we vtterly haue not in vs lybertie rule or powre whether they shall be done or not done But of the operacyons coÌ„maunded accordynge to the chrysten relygyon there is powre in vs that they shall be done or els not done And I haue sayde that we haue not vtterly powre in vs of the actes not coÌ„maunded because it lyeth not in our powre wholy or vtterly to prohybyte and let the chaunsynge and coÌ„mynge to passe of them Howbeit by the seconde sorte of actes or operacyons whiche are called coÌ„maundementes or preceptes and by the actes folowenge them we maye so dyspose and ordre our soule that it shal not lyghtely do cause or receyue the actê of the fyrst sorte or kynde that is to wyt whan eche man hath accustomed hymselfe contrarye to theyr nature and of the actes or dedes coÌ„maunded or done with good aduysement certayne be and are called actes or operacyons inwarde other some are and be called actes outwarde The inwarde actes are and be called the coÌ„maunded knowleges and the affeccyons coÌ„maunded or qualyties permanent caused and made of the mynde of man because they do not passe out in to an other subiecte matter or persone from hym whiche is the doer and worker of them But the outwarde actes or operacyons passynge forth or as they are called in the latyne Actus transeuntes are and be called all the actes or loues of thynges desyred and the omyssyons of them and also the mouynges caused made by any of the exteryour or outwarde organs or instrumentes of the bodye namely beynge moued as touchynge the mocyon whiche is called Locale that is to saye from place to place Agayne of the actes whiche are called Actus transeuntes some ar and be done without the hurtynge noyaunce or iniurye of any synguler persone company or coÌ„munytie beynge a sondrye thynge from hym whiche is the doer or worker Of whiche sorte ben the kyndes of al thynges possyble to be done and the gyuynge of money and the chastysement of a mannes owne body with beatynge strykynge or any other maner of waye and other dedes lyke to these And other some of those outwarde actes ar and be made with the noyaunce or iniury of an other sondry persone from hym that is the doer or worker of them Of whiche sorte be the strykynge of another man thefte rauyne or robbery extorcyon false wytnesse and many other after dyuers kyndes and facyons And there is founde out and deuysed certayne rules or measures habytes and scyences of all the aforesayde actes whiche come forth and are caused of mannes mynde namely of the actes coÌ„maunded or done with aduysement by whiche rules the sayde actes or workes may be done and brought forth conuenyentlye and in ryght and dewe fourme and maner bothe for the gettynge and purchasynge by them of a suffycyent lyfe in this worlde also in the worlde to come But of these rules there are certayne by the which the accyons and operacyons of mannes mynde as well the outwarde actes as the inwarde are taught ruled and ordred eyther in doynge of them or in leuynge of them vndone without payne or rewarde to be gyuen to hym that dothe them or that leueth them vndone of any other man by powre coactyue of whiche sorte verely be the most parte of dyscyplynes artes or scyences operatyue actyue factyue And there ben other of the sayd rules after which the operacyons of maÌ„nes mynde are coÌ„maunded to be done or to belefte vndone vnder payne or rewarde to be gyuen by the powre coactyue of an other man eyther to the workers of the sayd dedes or elles to the leuers of them vndone And agayne of these coactyue rules there are certayne wherby the obseruers or transgressours of them are punysshed or rewarded in the state and for the state of this present lyfe Of whiche sorte be all the cyuyle worldly customes and lawes of men And there be other some of the same rules accordynge to which the workers ar punysshed or rewarded onely for the state and in the state of the worlde to come Of whiche sorte are the lawes of god for the moost parte whiche in the coÌ„mune name are called sectê amonge whiche as we haue sayde the secte which is of chrysten men onely contayneth the trouthe and suffycyencie of thynges to be hoped for y e world to come ¶ There is therfore for the suffycient lyfe of this world a rule set which is preceptyue of the acte of man done with aduysement suche as are called Actus transeuntes that is to saye outwarde actes or actes passynge forth beynge possyble to be done to the profyte or dysprofite to the ryght or wronge of an other sondrye persone from hym that is the worker of suche dedes and the same rule is also coactyue of the transgressours by payne or punysshement for the state of this present lyfe whiche we haue called by the coÌ„mune name the lawe of man in the. x. chapytre of the fyrste dyccyon The fynall necessytie also and the cause agent or effectyue wherof we haue assygned and shewed in the. xi and. xii and. xiii chapytres of the fyrste dyccyon And howe we shuld lyue in this world for the state of the worlde to come there is a lawe gyuen or made and sette by chryste whiche lawe doubtles is the rule of mannes dedes beynge by the grace of god in the actyue powre of our mynde as well I saye of suche dedes as be in warde actes as of those which are called outwarde actes accordynge as they may eyther be done or elles lefte vndone dewely or vndewelye in this worlde but yet for the state of the worlde to come and this rule is also coactyue and dystrybutyue of payne or rewarde to be gyuen and executed in the worlde to come but not in this worlde accordynge to the merytes or demerytes of the obseruers or transgressours of the sayde lawe or rule in this present lyfe But because these coactyue lawes as well the lawes of god as of man lacke lyfe or soule and a pryncyple or cause motyue in themselues to gyue iudgement to do execusyon they had nede to haue some subiecte as they call it and some pryncyple or cause hauynge lyfe soule which may coÌ„maunde rule or iudge the dedes of men accordynge to the sayde lawes and also do execucyon of the iudgement gyuen and punysshe the transgressours of the same lawes This subiecte or pryncyple is called a iudge takynge this worde iudge in his thyrde sygnyfycacyon whiche we haue sayde in the seconde chapytre of this dyccion wherfore Arystotle sayth in the fourthe of the Ethikes where he treateth of Iustyce or ryghtuousnes A iudge is as
it were iustyce hauynge lyfe Therfore accordynge to the lawes of man there ought to be a iudge hauynge suche auctorytie as we haue sayd to iudge by iudgement of the thyrde sygnyfycacyon of the coÌ„tencyons dedes of men to execute the iudgementes gyuen and to punysshe any maner transgressoure of the lawe by coactyue powre for suche a iudge is the mynystre of god and a venger for wrothe to hym whiche worketh euyll as the apostle sayd in the. xiii to the Romaynes and sent by god for this entent as it is sayd in the seconde chapytre of the fyrste epystle of Peter And note that the apostle Paule sayd to hym that worketh euyll that is to wyt whoeuer he shal be meanynge this indyfferently of all men And therfore for as moche as preestes or bysshoppes generally all the mynystres of churches which by the coÌ„mune name are called clarkes may do or worke otherwhyles euyll outher in coÌ„myssyon or in omyssyon yea and some of them wolde god not the most parte of them other whyles do euyll in very dede to the hurte and iniury of theyr euen chrysten euen they also are subiectes and set vnderneth the vengeaunce or iurysdyccyon of the iudges and hygher powres whiche haue coactyue powre to punysshe the transgressours of mannes lawes whiche thynge the apostle sayde openly and playnly to the Romaynes in the. xiii chapytre wherfore sayth he let euery soule be subiecte to the hygher powers that is to wyt to kyngê to prynces to capytaynes and to suche other theyr deputyes accordynge to the exposycyons of sayntê for euermore the matter or stuffe ought to receyue the operacyon of the actyue cause whiche is apte and ordayned to worke vpon it for the ende to the whiche it is mete as it appereth in the seconde boke of the physykes or naturales for as it is sayd there euery thynge is so wrought as it is apte and mete for to be wrought and contrary wyse But nowe the transgressoure of the lawe is a conuenyent matter or subiecte wherupon the iudge or gouernoure is apte and ordayned to worke iustyfycacyon and that to cause and make proporcyon and equalytye and for the conseruacyon of peace and tranquylytie and of the cyuyle companye and socyete of men and last of all for to cause the suffycyencie of mannes lyfe And therfore wher soeuer suche a subiecte matter or stuffe is founde in the prouynce beynge vnder the iurysdyccyon of the sayd iudge he ought to iustyfye and set it in ordre For asmoche than as euery preeste maye be of hym selfe suche propre matter or stuffe that is to wytte the transgressoure of mannes lawe he ought to be vnder the iudgement of the sayd iudge For to be a preest or no preest is an accydentall thynge to the transgressoure as touchynge the comparyson of hym to the iudge as well as to be an husbande man or a carpenter euen lykewyse as it is but an accydentall thynge to the persone that maye be hole or sycke to be a Musycyon or no musycyon in comparyson to the Physycyon or leche For that whiche he is of hym selfe and that whiche is essencyal can not be taken awaye or chaunged by that whiche is accydentall for elles shulde there be infynyte kyndes or sortes of iudges physycyons Therfore any maner bysshoppe or preest beynge the transgressoure of the lawe made by man oughte to be iustyfied and punysshed by the iudge whiche hathe coactyue power in this world ouer the traÌ„sgressours of maÌ„nes lawe And this iudge is the seculare prynce or gouernour in that that he is a prynce and not any preest or bysshop as it hath ben shewed in the. iiii and. v. chapytours of this dyccyon And therfore all bysshoppes preestes beynge traÌ„sgressoures of maÌ„nes lawe oughte to be punysshed by the prince or gouernour And not onely the preeste or other spyrytuall mynyster ought to be punysshed as a secular man for his transgressyon of the lawe But also he ought to be punysshed so moch the more greuously and largely by howe moche his offence is more heynouse or vnsemynge and can lesse be defended For that he doth synne more knowyngly and more of election whiche oughte more to knowe the preceptes of thynges to be done and to be eschewed And agayne because the offence is more shamefull of hym whiche ought to teache than of hym whiche oughte to be taughte But it is the preest whiche ought to teache and the laye man whiche oughte to lerne wherfore the preeste offendeth more greuouslye and therfore he is the more sore to be punysshed than the laye man Neyther his obiection oughte to be receyued or alowed whiche wolde say that all maner iniuries verball reall or personall and suche other thynges prohybyted by maÌ„nes lawe yf they be done agaynst any man by a preest are accyons spyrytuall and that therfore it dothe not appertayne or belonge to any Prynce or seculer gouernoure to punysshe the preest for any suche offences and trespasses for suche maner thynges prohybyted by the lawe as aduoutrye maymynge murther thefte robbery dyffamacyon detraction treason fraude or gyle heresye and suche other crymes coÌ„mytted and done by a preeste are carnall and temporall dedes or offences as it is verye well knowen by experyence and as we haue declared it heretofore in the seconde chapytre of this dyccyon by the auctorytie of the Apostle in the thyrde chapytre of the fyrste epystle to the Corynthians and in the. xv to the Romayns ye and also they are to be iudged so moche the more carnall and temporall offencê by howe moche the preest or bysshop in coÌ„myttynge of them synneth more greuously and more shamefully than any of them whom be ought to call backe from suche offences gyuynge occasyon to theym and redynesse to offende and trespasse in the same throughe his lewde and vngracyous example ¶ Therfore euery preeste and bysshoppe is vndre and ought to be vndre the iurysdyccyon of prynces secular gouernours in those thynges whiche at coÌ„maunded to be obserued by the lawe of man aswell as other seculare laye men Neyther is the bysshoppe or preeste exempted from the coactyue Iudgement of suche prynces neyther he maye exempte any other man by his owne auctoryte whiche thynge I proue by an addycyon to those thynges whiche hath ben sayd in the. xvii chapytre of the fyrste dyccyon dedusynge and bryngynge hym whiche doth saye the contrary to ameruaylous great inconuenyent For yf the Bysshop of Rome or any other preeste were so exempted that he shulde not be vndre the coactyue in rysdyccyon of prynces and gouernours but were hym selfe suche maner Iudge without the auctorytye of the humayne lawe maker and myght seperate and exempte all y e sprytuall mynysters whom by y e coÌ„mune name they do call clarkes from the Iurysdyccyon of prynces and gouernours and make them subiectes to hym selfe as the bysshoppes of Rome done nowe a dayes it