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A07430 The defence of peace: lately translated out of laten in to englysshe. with the kynges moste gracyous priuilege; Defensor pacis. English Marsilius, of Padua, d. 1342?; Marshall, William, fl. 1535.; Zwingli, Ulrich, 1484-1531, attributed name.; Jean, de Jandun. aut; Curio, Valentinus, d. 1532, attributed name.; Rhenanus, Beatus, 1485-1547, attributed name. 1535 (1535) STC 17817; ESTC S112620 399,186 289

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other apostle neuer presumed to ascribe such maner powre vnto hym selfe neyther by worde or deade wherfore they which affyrme and say this are to be laughte to scorne and nothynge to be beleaued and lesse to be feared seynge that the scryptures crye playnlye the contrarye in the lytterall and manyfest sence of them For saynt Peter had neuer suche powre vpon the apostles or other but he kepte rather equalyte with them accordynge to the precepte of chryste as we haue sayd before wherfore it is red in the. xxiii of Mathewe Be not you wyllynge to be called Rabbi y t is to say in englysshe mayster for your mayster is but one chryst all you ar brethren y t is to say equall one of you with an other he sayd al you exceptynge no man This sentence also is cōfyrmed by the apostle in the seconde chapytre to the Galatianes where he sayth And I went vp to Iherusalem accordynge to the reuelacyon and I conferred with them the gospell which I do preache amonge the Gentyles where y e glose after the mynde of Augustyne sayth And I dyd not learne of them as of superyours that is to wyt of Peter nor of the other more pryncypall apostles of whom it shall be spoken hereafter But I cōferred with them as with my frendes and peers or felowes The same is shewed agayne afterwardes in the same chapytre whan the apostle sayd but whan Peter was com to Antioche I withstode hym openly to his face because he was reprouable c. where the glose after the mynde of saynt Iherome sayth they gaue nothynge to me but I gaue to Peter and it foloweth there cōsequentlye I resysted or withstode hym as his peer or matche for he wolde not haue ben bolde to do this excepte he had knowen hym selfe not to be inferyor Beholde here therfore that Paule was egall to Peter in offyce dygnyte not inferyor albeit that Peter was senior to hym in age and also pastor afore hym in tyme. Lykewyse it appereth that neyther saynt Peter nor any other apostle had preemynence or powre auctoryte aboue other in the dystrybutynge of the tēporall goodes which were offered to the prymatyue churche wherof it is red in the. iiii of the actes for as many as were possessyoners of landes houses solde them and broughte the pryces of them and layde them afore the fete of the apostles and they were deuyded to eche man after as eche one had neade Lo here that the dysposycion orderynge of the temporall thynges whiche were offred vnto the churche was done by the apostles in cōmune togyther and not by Peter alone for it is not sayde they layde afore the fete of Peter but afore y t fete of the apostles neyther is it sayd and Peter deuyded but they were deuyded c. ¶ Tel me therfore wherby or from whence or howe cōmeth the auctoryte to the bysshop of Rome for to dystrybute suche thynges accordynge to his owne pleasure or elles to clayme as dewe to hym selfe alone the thynges bequest in mennes testamentꝭ for charytable causes to good and godlye vses but yet cōmytted to other men for to be kepte or dystrybuted seynge that it is neyther laufull to hym alone neyther yet with an other neyther by the law of god nor yet of man to demaunde or clayme suche maner thynges whiche hath ben cōmytted and betaken to the faythfull custody of other men by reasonable lawes as by the wyll of the testatours or of them y t so ordayned for let the testatour say or wyll any thynge cōcernynge that whiche is his owne it shall be a lawe as it is wryten in other placꝭ For there can be no cause or reason taken of the holy scrypture which maye make vs to beleaue that this powre belongeth to the bysshop of Rome or elles to any other bysshop but rather the contrarye but yf these legacies or bequestꝭ were cōmytted by the kynge to the churche of a certayne and a determynate dyocese for to be dystrybuted than shall it appertayne to those bysshoppes whiche are rulers of y e sayd dyocese but in no wyse to the pope of Rome And the cause of this is for that the bysshop of Rome neyther hathe neyther had of chryste any powre or auctoryte aboue the other that be bysshops or preestes as well as he And this was one of the thyngꝭ purposed of vs syns y e begynnynge of this chapytre For as Peter had not any suche prerogatyue or powre aboue the other apostles euen so neyther the successours of Peter in the epyscopall see of Rome hathe any prerogatyue aboue the successours of the other apostles For Peter had no powre or auctoryte to gyue vnto them preesthode apostleshyp or the dygnyte of a bysshop for all they toke this powre or auctorytie īmedyatlye of chryste not by the mynysterie of Peter more than Peter toke it by the mynysterie of them as we haue proued heretofore euydentlie of the scrypture And saynt Augustyne also sayth the same expressely in his boke of the questions of the newe of the olde testamēt in the. lxxxiiii questyon where he sayth thus The same daye that is to wyt the fyftie daye the lawe was gyuen vpon whiche daye also the holy ghost lyghted cam downe vpon the dyscyples that they shulde take auctoryte also haue cunnynge and knowlege to preache the lawe of the gospel ¶ Moreouer as Peter is red to haue ben elected and chosen bysshop by the multytude of chrysten people neded not the cōfyrmacyon of the other apostles so also y ● other apostles were bysshoppes gouernours in other prouynces without any knowlege of Peter or any instytucyon or consecracyon taken of hym for they were consecrated suffycyently by chryste wherfore it is to be thought supposed lykewyse that the successours of the other apostles neded not any confyrmacyon of the successours of Peter but rather moreouer many successours of the other apostles were elected and instytuted bysshops in dewe fourme and maner and also dyd gouerne and rule theyr prouynces holylie and vertuouslie without any other instytucyon or confyrmacyon of them done by the successours of Peter And this was so laufully obserued euen vnto the tyme of Constanstyne the emperour which gaue as it is lyed a certayne prehemynence powre to the bysshops to the churche of Rome vpon the other churches or all other preestes of the worlde And this equalyte of Peter and the other apostles the apostle Paule dyd sygnyfye in y e seconde of the epystle to the Galatianes whan he sayde They gaue theyr ryght handes of socyetie felowshyp to me to Barnabas that we shulde be apostles preachers amonge the gentyles they them selues amonge the Iewes They gaue then the ryght handes of societie equalyte as it was sayde before of the glose after Augustyne albeit y t the sayenge of the apostle in this poynte is so open
called the deuyll and Sathan for asmoche as with all his powre and enforcement he seduceth and gothe aboute to seduce or begyle all the whole worlde ¶ what so carlysshe or vnmanerlye sone of this countree or mother of Italye whiche in olde tyme was so fayre and beutefull and is no we so euyll fauored torne seynge these thyngꝭ and hauynge knowledge and powre can fynde in his herte to kepe scylence and not to crye out vnto the lorde agaynst them that do so vniustly hale or drawe her here and there or plucke her in peces for to suche a sone it shall be sayd very truely as the apostle saythe that he tenounced the fayth and is worse than any infydell or heathen person As touchynge to y ● fulnes of powre and the maners or sygnyfycacyons of it also concernynge the begynnynge and increase or goynge forwarde therof and agayne after whiche sygnyfycacions and in what wyse the bysshop of Rome hathe taken the sayde fulnes vnto hym selfe and howe he hathe vsed the same bothe as touchynge to the ecclesyastycall customes and ceremonyes and also aboute the seculer cyuyle actes of men let it haue ben determyned in this wyse as is afore gone ¶ Of certayne obieccyons or reasons that maye be made agaynst the thynges determyned in the. xv chapytre and the other chapytres consequentlye folowynge of this present dyccyon The xxvij chapytre BVt peraduenture some man doubtynge and not without cause of the thynges whiche we haue sayd heretofore in the. xv chapytre the other chapytres consequently folowynge of this dyceyon shall fyrst shewe that the dygnytie of a bysshop is greatter yea and also an other sondrye dygnyte in kynde than is the dygnyte of hym that is but onely as they call hym a symple preeste and that not onely by the instytucion made by man whiche afore we haue called the seperable auctoryte but also by the ordynacyon of god whiche we haue afore called the essencyall or inseperable auctoryte And it semeth or appereth that this maye be prouyd by the. x. chapytre of Luke where this texte folowynge is had ¶ Afterwardes the lorde apoynted also other lxxii sent them by payers or couples afore his face vpon whiche texte Bede saythe thus as there is no man that doubteth the. xii apostles to represent or shewe before the forme or fascyon of bysshops so there is no man also that doubteth these lxxii dyscyples to haue borne the fygure of preestes of the seconde ordre ¶ Agayne the same is prouyd by the. v. chapytre of the fyrste epystle to Timothe whan the apostle sayde receyue none accusacyon agaynst a preeste excepte it be vnder ii or iii. recordes or wytnesses it foloweth of these wordes that Timothe was superyoure in dygnytie to the other preestes but not by the eleccyon of the preestes or of the chrysten multytude ergo by y e ordynation of god ¶ Agayne the same appereth by the epystle of Clemētpope whose superscrypcion is to Iames the cosen of our lorde ¶ This also semeth to haue ben the mynde welnere of all the bysshoppes whiche are sayde to haue succeded saynt Peter or saynt Paule in the epyscopall see of Rome as appereth euydently by the aforesayde boke of Isodore Moreouer it appereth that this maye be proued that saynt Peter was superyour to the other apostles in powre or auctorytie gyuen to hym imedyatly of chryste and not gyuen by man or other men vnto hym and so consequently that the successours of hym are superyours to the successours of the other apostles in the same auctorytie ¶ And this appeteth to be so fyrste by the. xvi of Mathewe where chryste sayde seuerallye vnto hym And I say to the that thou arte Peter and vpon this stone I wyll buylde and edyfye my churche and the gates of hell shal not preuayle agaynst it and to the I wyll gyue the keyes of the kyngdom of heuens By whiche wordes chryste semeth to haue expressed that Peter shulo be the heed foūdacion of the churche namelye chryste beynge deed where the glose sayth in this wyse he graūted that powre and auctorytie specyally vnto Peter that he myght call or prouoke vs to vnytie for therfore he dyd constytute or make hym the cheyfe or pryncypall of the apostles that the churche shulde haue one pryncypall vycare or deputie of chryste vnto whome the dyuerse membres of the churche shulde haue recourse yf peraduenture they were at dyscencyon and coulde not agree amonge them selues for yf there shulde be dyuers heddes in the churche then the bonde of vnytie shulde be broken ¶ Agayne the same is shewed by y e. xxii chapytre of Luke where chryste sayd specyally vnto hym and I haue prayed for the Peter that thy faythe may not fayle And thou ones beynge cōuerted confyrme and strengthe thy brethren By this it semeth to folowe that the pryncypall pastorall cure and the confyrmacyon of his brethren that is to wyt of the apostles and of other chrysten men was cōmytted or betaken vnto saynt Peter because of the fyrmytie and stedfastnes of his faythe for whiche chryst semeth specyally to haue prayed that it shuld not faynt or be quēched neyther in hym neyther in any successour of hym where the glose sayth thus Confyrme thy brethren seynge that I haue made the cheyfe or pryncypall of the apostles And this is not to be vnderstanded onelye of the apostles whiche were at that tyme that they shulde be strengthed of Peter but of all chrysten men And a lytle after it foloweth in the glose by repentaunce he obtayned that is to wyt Peter to be the pryncypall bysshop of y e worlde ¶ Agayn the same is shewed by the. xxi chapytre of Iohn̄ where chryste sayde seuerally to hym Fede my shepe fede my lambes fede my shepe rehersynge the same worde thryes It appereth therfore that he was instytuted and made pryncypall and generall pastor or herdesman īmedyatlye of chryste seynge that no partyculare flocke of shepe was determyned or apoynted vnto hym where Chrysostome saythe in this wyse for Peter was the moste excelllent of the apostles and the mouthe of the dyscyples and the heed of the companye wherfore his negacyon beynge put out of remēbraunce he cōmytteth or betaketh to hym the ouersyghte or prelacye of his brethren Fynallye this is confyrmed by the auctoryte of many sayntes doctours vpon that texte in the. xxi of Iohn̄ yf I wyll that he shall contynewe or remayne vntyl I come what is that to the But folowe thou me for saynt Augustyne sayth The churche knoweth two lyues to be shewed vnto it selfe from god aboue of the whiche the one is in faythe or beleue and the other is in hope This lyfe that is to wytte in faythe is sygnyfyed or marked forth by Peter the apostle because of the prymacye or pryncypalyte of his apostleshyp Agayne Theophilus in the same place saythe thus he hathe instytuted to hym the prelacye
god These be Bernardes wordes speakynge of the powre of Pylate and vpon this place of scrypture Than yf the iudiciarie coactyue powre of Pylate ouer or vpon chryste selfe was of god howe moche more than vpon his tēporall or carnal goodes yf chryst had possessed or had any further than yf ouer the persone of chryste and his temporall goodes he hadde suche auctorytie in howe moche more ouer vpon the personages the tēporall goodes of all y ● apostles theyr successours al bysshops or preestꝭ this thynge was not onely shewed by the wordes of chryste but also confyrmed by the performynge or fulfyllynge of the worke for by the same Pylate syttynge in the place of iudgement sentence of dethe was gyuen agaynst chryste and by the auctorytie and cōmaundement of hym execucyon was done of the same sentence for these wordes in ordre are red in the same chapytre of Iohn̄ whan Pylate than had herde these wordes he brought Iesus forthe and satte hym selfe in the place of iudgemente and after a lytle space it foloweth Therfore he delyuered Iesu vnto them that he shulde be crucyfyed and euen suche was the sentence and opynyon or mynde of the apostle Paule concernynge chryste whan he sayde in the thyrde chapytre to the Galathians But whan the fulnes of tyme was cōmen god sente his sone made of a woman made vnder the lawe It foloweth consequently than that he was made vnder a iudge also to whome it dyd appertayne to iudge and cōmaunde accordynge to the lawe whiche iudge for all this was not a bysshop or preest And chryste dyd not onely wyl to exclude the seculare gouernaunce or iudycyall coactyue powre from hym selfe but also he dyd exclude it from his apostles aswell of one of them ouer an other amonge them selfe as in comparyson to other men wherfore this texte is had in the. xx chapytre of Mathewe the. xxii of Luke there was made a contencyon or shewynge amonge them that is to wyt the apostles whiche of them shulde be greatter But chryste sayd to them kynges and rulers of the gentyles haue domynyon ouer them and they whiche hathe powre ouer them are called benefycyall and well doers But in Mathewe this clause is red in this wyse and they whiche be greatter exercyse powre vpon them but you shall not do so but he whiche is greatter amōge you stāde as yonger and he that is forgoer or mayster is as a mynystre for whether of the two is greatter he that sytteth at the table or he that mynystreth or serueth Is not he which sytteth But I am in the myddes amonge you as he y ● mynystreth but who soeuer wyll be greatter amōge you let hym be your mynystre And who soeuer wyll be cheyfe amonge you shall be your seruaunte euen lykewyse as the sone of man came not to be serued but to mynystre that is to serue in temporall thynges and not to be lorde and ruler or to be egall or felowe for in spyrytual mynysterye or offyce he was cheyfest and not a seruaunt in the myddes of the apostles wherupon Orygen saythe you knowe that the prynces or gouernours of the gentyles are lordes and hathe domynyon ouer them that is to saye are not contente onely to gouerne theyr subiectꝭ but also laboureth vyolently to be lordes of them that is by powre coactyue yf they must nedes but amōge you whiche are my dyscyples there shall be no suche thynges for as carnal thynges are put in necessytie or compulcyon and spyrytuall thynges in the wyll so they also whiche be spyrytuall that is to saye prelates theyr auctorytie or gouernaunce ought to stande in loue and not in feare and Chrysostome amonge other thynges saythe these wordꝭ makynge for this our purpose Prynces of the world be made therfore that they shulde be lordes and haue domynyon ouer theyr inferyours and to caste them vnderseruytude and bondage and to spoyle them vnderstande thou yf theyr trespasses or euyll deades shal deserue it and to vse them euen to deathe to theyr owne profyte and glorye But rulers and gouernours of the churche that is to wyt prelates are made therfore that they shulde serue theyr inferyours and mynystre to them what soeuer thynges they haue receyuyd of Chryste and that they shulde dyspyse theyr owne profyte and procure the profyte of them And that they shulde not refuse to dye for the helthe and saluacyon of theyr inferyours and subiectes therfore to desyre prymacye or soueraygnetye of the churche is neyther ryght neyther profytable for what wyse man wyll of his accorde wyllyngly bynde hym selfe to suche seruytude and suche ieopardie as to gyue accompte for the hole churche excepte perauentare he be such one whiche dredeth not the iudgement of god abusynge his ecclesyasticall prymacye after a seculer and worldely fascyon so that he dothe tourne it in to seculer soueraynetie what hath preestes than to do with medlynge of seculer coactyue iudgementes for they ought not to be lordes temporally but to be seruauntꝭ and to mynystre after the example and precepte of chryste wherfore saynt Ierome saythe Fynally chryste setteth forthe afore his dyscyples the example of his owne selfe that yf the apostles wolde lytle sette by or regarde his wordes and sayenges yet at the leaste wyse at the syght of his workes and dedes they shulde be ashamed to be lordes and to vse domynyon temporally wherfore Orygen vpon this texte and to gyue his lyfe redempcyon for many c. sayth in this wyse therfore the rulers and gouernours of the churche ought to folowe chryste in that he was not proude or daungerouse for to be cōmed vnto but redy for who soeuer wold come vnto hym and in that he spake to women and layde his handes vpon chyldren and wasshed the fete of his dyscyples y t theyr selues may do lykewyse to theyr bretherne But we are suche maner men saythe he meanynge by the prelates of his tyme that we seme to excede and passe euen the worldely prynces in pryde outher because we do not vnderstande and perceyue the cōmaundement of chryste or elles because we do dyspyse and sette at nought the same cōmaundement and as yf we were kynges we desyre and seche for armed hostes to go before vs and those terryble and dredefull For asmoche than as to do these thynges is to despyse or elles to be ygnoraunte of the cōmaundement of chryste fyrste prelates are to be monysshed and warned hereof whiche thynge we shall do by this treatyse shewynge and declarynge what auctorytie is conuenyent and accordynge or mete for them after this done yf than they shall not regarde to amende them selues they ought to be constrayned and compelled therunto by the seculer laye prynces least they myght corrupte and infecte the maners of men These thyngꝭ than hytherto rehersed hath ben sayd vpon Mathewe but vpon Luke Basilius sayth in this wyse But it besemeth them which be spyrytuall rulers and
one preeste is preferred aboue other preestes by whiche also preestes are ordayned and appoynted to certayne prouynces and to certayne people to instructe and teache them in the lawe of god and to mynystre the sacramentes and to dyspose and dystrybute the temporalles which we called afore the ecclesiasticall benefyces it hath appered of the same premysses that in the fyrste auctorytie whiche we haue called the essenciall auctorytie all preestes are equall in meryte and preestehode as saynt Iherome sayde in the aforesayde epystle shewynge also the cause For that all preestes are the successours of the apostles In whiche sayeng he semeth to meane that al the apostles were of egall auctorytie and so consequentlye that none of them syngularelye by hym selfe had auctoryte vpon an other or aboue other apostle or apostles neyther as touchynge to the essencyall auctoryte whiche we haue called the fyrst and pryncypall auctoryte neyther yet as touchynge to the secondarie instytucyons wherfore it semeth that we ought to haue lyke opynyon of theyr successours amōge them selues one of them in comparyson to an other to whome and in to whome howe suche maner instytucyons doth come whiche we haue called secondarie institucyons and made by the auctorytie of man and whiche is accordynge to reason the effectyue cause of the sayd instytucyons that is to saye who hathe auctoryte to make suche instytucyons it resteth and remayneth to be determyned ¶ Howe the apostles were egall in what soeuer offyce or dygnyte was gyuen to them by chryste imedyatlye wherof that is proued whiche was sayd in the last chapytre afore gone concernynge the egalyte of theyr successours and howe all bysshoppes are indyfferentlye the successours of what soeuer apostle The xvi chapytre SO than begynnynge at the thynges afore determyned we shall in this chapytre fyrst shewe that none of the apostles had prehemynence aboue other in the essencyal dygnyte of preesthode tha tis to wytte gyuen to them of chryste And after we shall shewe that in none other instytucyon whiche we haue called secondarie and by so moche the lesse in any iurysdyccion coactyue howbeit this laste thynge hath ben suffycientlye proued in the. iiii and the. v. chapytours of this dyccyon Of which thyngꝭ we shall also of necessyte cōclude y t none of the bysshops successours to the apostles syngularlye haue any of the auctorytes or powres aforesayd vpon or ouer other his felowe bysshoppes or felowe preestes And that the contrarye hereof can not be proued by the vertue of the wordes of holy scrypture but rather the present purpose And laste of all hereof whiche thynge also we dyd fynallye intende in the chapytre last afore gone we shall inferre and conclude of necessyte that these instytucyons whiche we haue often tymes called secondarye doth appertayne to the chrystened prynce as to the pryncypall cause effectyue of them euen so as he is also of other offyces or partes of the cōmunytie The fyrst therfore of these purposes is proued by the. xxii chapitre of Luke For chryst gyuynge to the apostles powre to make the sacrament of the aultare sayd vnto them This is my bodye whiche is gyuen for you do this thynge in to the remembraunce of me that is to saye haue you powre to do this thynge but yet by speakynge lyke wordes when you ought to excercyse this acte that is to wyt these wordes Hocest enim corpus meum And he dyd not speake these wordes more to saynt Peter than to other for chryste dyd not saye do thou this and gyue thou powre to the other apostles for to do lykewyse but he sayd do you this in the plurell nombre and to them all indyfferentlye The same is also to be iudged in euery poynte of the powre of the keyes whether it was gyuen to the apostles by these same wordes or els by other wordes or elles at an other tyme as by the wordes whiche are had in the. xx of Iohn̄ for after that chryste had sayde to his apostles as my father hathe sent me so also I sende you he breathed vpon them and sayd receyue you the holy ghost whose synnes you shal forgyue they be forgyuen to them and whose synnes you shall retayne they ar retayned Chryste than sayd I sende you as my father hath sent me and he sayde not to Peter or to any other apostle syngularlye I sende the as my father hath sent me sende thou the other Neyther it is agayne sayde there chryste breathed vpon hym but it is sayd he breathed vpon them not vpon one by an other neyther sayd chryste to Peter receyue or take thou the holy ghost and afterwardꝭ gyue thou it to other but he sayde receyue or take you in the plurellnombre speakynge indyfferently to them all and this is it also which is had in the last chapytre of Mathewe whan chryst sayd to them Go you therfore and teache all nacyons and he sayde go you and teache you speakynge in the plurel nombre and endyfferentlye and not sayd to Peter go thou therfore sende thou the other whiche thynge the apostle expressynge more largely to determyne this questyon that is to wyt that no man shulde beleue or suppose that any of the apostles had this prerogatyue or auctoryte vpon or aboue other remouynge or takynge awaye expresselye such prerogatyue from Peter of whome peraduenture this semed to be trewe that he was aboue the other because of certayne wordes spoken to hym syngularly of chryste and also because he was elder than the other he sayth thus in the seconde chapytre to the Galatianes For they which semed to be somwhat or to be in pryce greatly estemed gaue me nothynge or helped me nothynge but contrarye wyse I them whan they had sene and perceyued that the preachynge of the gospell to the Gentyles vncyrcumcysed was cōmytted to me lykewyse as it was cōmytted to Peter to preache the gospell to the people of the Iewes for he that wrought in Peter to be apostle of cyrcumcisyon wrought also in me amonge the Gentyles And whan they had knowen the grace which was gyuen to me Iames Peter Iohn̄ whiche semed to be the pyllers gaue to me to Barnabas theyr ryght handes of felowshyp c. he therfore y t wrought in Peter to the apostleshyp wrought in also in Paule and this was chryst ergohe toke not or receyued this maner offyce of Peter and lykewyse no more dyd the other apostles where also the glose after the mynde of saynt Agustyne expressynge this more largely sayth thus They whiche semed to be somwhat that is to wyt Peter and the other whiche were with our lorde gaue nothynge that is to saye added nothynge to me wherin it is euydent that I am not inferyor to them seynge that I am made so perfyte of the lord and of god that there was no thynge whiche in y e cōferrynge of my preachynge with theyr owne they myght adde to my perfeccion Lo here that Paule was not
bonde man or seruaunt which he toke vpon hym for mannes sake gaue trybute and payde money whiche waye than are the bysshoppes and preestes exempte from this by the vertue and strengthe of the wordes of the euangelycall scrypture no nor yet otherwyse from the iurysdyccion of prynces but by the gracyous fauerable graunte of them seynge that chryste Peter gyuynge example to other dyd paye trybute and thoughe chryste whiche was by bodelye generacyon cōmen of the stocke of kynges perauenture dyd not owe of dutye to pay it yet Peter beynge not cōmen of the stocke of kynges neyther had any such cause of exēpcion neyther yet was wyllynge to haue but yf chryst had thought it conuenyent thoughe those whiche shulde be successours to hym in the offyce of preesthode shulde paye trybutes and that theyr temporalles shuld be vnderneth y e powre of the prynces and gouernours of this world he myght without gyuynge of euyll example that is to wyt of makynge preesthode subiecte to the iurysdyccyon of worldly prynces haue ordred and dyspached or ryd those exactours or gatherers of dydrachyn that is to wyt by remouynge or puttynge away the intencyon or purpose of askynge suche thynges or elles by some other cōuenyent way or meane But chryste dyd not repute or thynke it conuenyent to do so but rather he was wyllynge to paye assocyatynge or ioynynge to hym Peter syngulerly amonge y e apostles notwithstandynge that this Peter as we shall shewe in the. xvi chapitre of this dyccyon shulde be afterwarde cheyfest doctoure and hearde of the churche that by suche example no man of the other shulde refuse to do the same Saynt Ambrose vnderstandynge this texte of scrypture taken of the. xvii chapytre of Mathewe in such wyse as we haue sayd before in the epystle whose tytle is of y e delyuerīge of churches sayth The emperour asketh trybute truly it is not denyed hym the landes of y e churche payeth trybute after certayn wordꝭ beynge put betwene he saythe more to the purpose we pay to Cesar those thyngꝭ whiche belongeth to Cesar to god those thynges which belongeth to god Trybute belongeth to Cesar it is not denyed hym saynt Bernarde also more playnly expressynge this to be the meanynge of y e afore rehersed scrypture in a certayne epystle to the archebysshop of Senon saythe in this wyse thus saye they whiche counsayle theyr subiectes to rebelle agaynst theyr superyour But chryste sayth Barnarde bothe cōmaunded and dyd hym selfe otherwyse Gyue you sayth he to Cesar such thynges as apperteyneth vnto Cesar and to god suche thynges as belongeth to god This that he spake with his mouthe anone after he gaue hede to performe and fulfyl in his worke and dede he which was the creature maker of Cesar was not greued neyther dyd put of to paye trybute for he gaue example to you that you shulde do lykewyse whan wolde he haue denyed dewe reuerence to the preestꝭ of god which gaue dylygence to do this reuerence euen to the heathen powers or offycers of the worlde and here we ought to marke and take good hede of this which Bernarde sayth that chryste in that he cared to gyue trybute to the seculer powers dyd gyue also dewe reuerence This reuerence was not coacte nor of compulsyon for euery man oweth of duetye who soeuer he be to pay such maner taxe or trybute to prynces as we shall shewe in y e chapytre nexte folowenge by the auctorytie of the apostles in the. xiii chapytre to the Romaynes by the gloses of sayntes and doctours in the same place moreouer chryste shewed not onely that hym selfe is vnder the coactyue iurysdyccyon of y e seculer price as touchyng reall or tēporall substaūce but also he sheweth y e same in hym selfe as touchynge his ꝑson bodye than y e which personal iurysdyccion it is not possyble for any prynce to haue greatter iurysdyccyon outher vpon hym or any other man for the whiche cause this iurysdyccyon is called also in the lawe of the Romaynes mere empyre This maye be shewed euydently by the. xxvii chapytre of Mathewe for as it is red and appereth there chryste suffered hym selfe to be taken and to be led to the house of Pylate whiche was the deputie of the emperoure of Rome and by hym as iudge of coactyue powre and auctorytie he suffered hym selfe to be iudged and delyuered to extreme punysshement and dethe Neyther dyd he crye agaynst Pylate as agaynst one that oughte not to be his iudge albeit perauenture he gaue knowlege that he suffered not ryght wyse iudgement And it is vndoubtedlye knowen that he myght haue suffered suche iudgement and punysshement by preestes yf he had wolde or yf he had iudged it inconuenyent that his successours in tyme afterwarde to come shulde be subiectes to seculer prynces and be iudged by them And because this sentence is more seryously and ernestly wrytten in the. xix of Iohn̄ I wyll also brynge in here that whiche is had in the sayde place whan chryste was brought to Pylate the emperours deputie and was also accused for that he sayde hym selfe to be kynge of the Iewes and the sone of god whan Pylate had asked Iesu whēse art thou And Iesus had gyuen therto none answere at all Pylate than sayde to hym these wordes folowynge which appertayneth to our purpose wylt thou not speake to me knowest thou not that I haue powre and auctorytie to crucyfie the and let the go at lybertie Iesus answered Thou shuldest not haue any powre at all agaynst me yf it were not gyuen to the from aboue Beholde here that Iesus dyd not denye that Pylate had auctorytie to iudge hym and to execute iudgement vpon hym neyther sayde he of ryght it belongeth not to the but in dede thus thou doste But chryste added this also that Pylate had his auctorytye from aboue howe from aboue Augustyne maketh answere sayenge let vs learne then that whiche chryste sayde and whiche he taughte the apostle that is to wyt Paule in the. xiii to the Romayns what then dyd chryste saye what taught he the apostle that there was no powre that is to saye auctorytie of iurysdyccyon but of god howe soeuer it be of the acte of them which mysse vse this powre And that he semeth more which throughe enuye delyuereth an innocent to the powre or offycer for to be slayne than dothe the powre or offycer selfe yf he dothe kyll or slee hym for feare or dreade of an other hygher or greatter powre for such powre had god gyuen to Pylate that he was also vnder the powre of Cesar Then that iudyciall coactyue powre which Pylate had ouer the person of chryst was of god as chryste selfe onely opēly cōfessed saynt Augustyne playnly expressed And saynt Bernarde sayde openlye to the archebysshop of Senon in a certayne epystle sayenge that chryste graunteth that the powre of Pylate euen ouer hym selfe also is ordayned of
gouernours to offre also bodely obsequye and seruyce after the example of chryste our lorde whiche wasshed the fete of his dyscyples Therfore chryste sayde The prynces of the gentyles be lordes ouer them but you that is to wytte the apostles shall not be so Chryste than the kynge of kynges lorde of lordes dyd not gyue to them powre and auctoryte to exercyse the seculare iudgementes of prynces neyther coactyue powre or iurysdyccyon ouer any man but openly and euydently he forbad it them whan he sayde but you not so And the same is consequently to be holden of all the successours of all the apostles bysshoppes or preestes This is it also whiche saynt Bernarde sayde openly to Eugenius in the seconde boke of consyderacyon the fourth chapytre treatynge vpon those wordes of chryst afore rehersed the kynge and prynces of the gentyles c. for amonge other these are the wordes of Bernarde that whiche the apostle Petre had that same he gaue that is to wytte busy care and dylygent ouerseynge of the congregacyons dyd he gyue domynacyon or lordshyp harken what he saythe Not hauynge saythe he domynyon or lordeshyp ouer the clargye but beynge made the example of the flocke And least thou myght wene or suppose that this was spoken onely of humylytie and lowlynes and not to be exequyted in very truthe the saynge of our lorde in the gospell is the kynges and prynces of the Gentyles haue domynyon and lordshyp ouer them and they whiche haue powre ouer them are called well-doers or benefycyall he inferreth or concludeth but you not so It is playne y ● domynyon is forbydden the apostles so that they may not be lordes Darest thou then outher beynge a lord vsurpe y ● offyce of an apostledor beynge an apostolyke persone vsurpe domynion or lordshyps forsoth thou art playnly phybyted from bothe yf thou art wyllynge to haue bothe of them togyther thou shalte lose both or elles thynke not thy selfe to be excepted from the nōbre of them of whome god cōplayned in this wyse They haue reygned and not by me they haue ben prynces and rulers and I knewe them not Thus than by the veryties or treue textes of the gospell whiche we haue brought in and alleged and by the interpretacyōs or declaracyōs of the same textes made by sayntes and other approued doctours It ought to appere euydentlye to all men that chryste dyd exclude or was wyllynge to exclude hym selfe aswell by his deades as by his wordes from all soueraynte or gouernaunce and iudgement coactyue or worldely powre and auctorytie and that he wolde hym selfe be subiecte and vnderneth the coactyue iurysdyccyon of seculare gouernours prynces or other hyghe powers ¶ Of the canonycall oracles or textes of the apostles and the exposycyons of sayntes and holy doctours by whiche the same thynge is openly proued whiche was proued by the chapytre laste afore gone The v chapytre HOwe there resteth remayneth behynde to shewe that this same was also the sentence and doctryne of the cheyfe apostles of chryst And fyrst of Paule whiche in the seconde chapytre of the seconde epystle to Tymothe admonyssheth and aduertyseth the same Timothe whome he had ordayned and made bysshop or preeste that he shulde not wrappe hym selfe in worldly busynes for these are his wordes let no man that warreth to god entangle hym selfe with worldly busynes where the glose after Ambrose mynde saythe that no man that warreth to god in spyrytuall thynges whiche god can not be parted or deuyded to two contrarye seruauntes euen lykewyse as no man can do seruyce to two maysters or lordes entangeleth hym selfe in any maner worldly busynesses And he sayth in any maner busynesses exceptynge none at all for asmoche then as domynyon or iudgement coactyue of contentiouse and debatefull actes or deades is the most seculer and worldly of all busynes for that it dothe ordre and rule all seculer busynes or all seculer cyuyle actes of men as it hathe ben shewed in the. xv chapytre of the fyrst dyccyon the apostle cōmaundeth it pryncypally moste of all to be eschewed of hym which ought to be the souldyour or seruaūte to god in mynystringe spyrytuall thynges so as euery maner bysshop or preeste ought to be And that this whiche we haue rehersed was the very meanynge and mynde of the apostle it is openly and euydently declared by the texte whiche is red in the syxte chapytre of the fyrste epystle to the Corynthyans where he sayde in this wyse Therfore yf you haue seculer iudgementes ordayne you or make you them iudges whiche are contemptyble and of least reputacyon in the churche for there the apostle speake vnto all faythfull or chrysten men and to the churche in his moste propre and laste sygnyfycacyon whiche sayde texte of the apostle the glose expoundeth thus accordynge to the mynde of Ambrose and Augustyne Contemptyble persones that is to wyt some wyse men but yet whiche be of lesse meryte than the preestes and teachers of the gospell ordayne them to be iudges and the cause is shewed why the mynystres of the gospell shulde not be made iudges in suche matyers For the apostles goynge aboute from place to place had not laysure or space to gyue theyr mynde to suche busynes than his wyll was that wyse and holy chrysten men whiche restyd were abydynge in places and not they which can aboute hyther and thyther from place to place for to sprede abrode the gospel shulde be the examyners and iudges of suche busynesse And an other cause hereof the glose assygneth accordynge to the mynde of Gregory in his moralles and that very well in my iudgement accordynge to the mynde and intencyon of the apostle for why sayth Gregory ought contemptyble persones and not bysshoppes or preestes be ordayned set to exercyse seculer offyces doubtles to the ende that suche shulde examyne earthly and worldly causes whiche haue gotten the wysdom or knowlege of exteryor and outwarde thynges that is to wyt of seculer or cyuyle actes or workes But they that are enryched with spyrytuall gyftes ought not to be entangled or encombred with earthly matyers or busynes that whyles they are not compelled to dyspose and ordre the inferyoure goodes of the worlde they maye be able to do seruyce to the superyour or spyrytuall good thynges lo than this is moste euydently the mynde of the apostle and of the holy exposytours which we haue sayde of the offyce that was vtterly forbydden to preestes by the apostle Paule whiche thynge also saynt Bernarde expressynge to Eugenius in the. v. chapytre of the fyrste boke De consideratione sayth in this wyse dyrectynge his speche to the bysshops of Rome and of other places Therfore your powre and auctorytie sayth he is in crymes or synnes not in possessyons For it was for synnes and not for possessyons that the keyes of the kyngdome of heuens was gyuen to you that you myght exclude transgressours or
lordes to whom we ar bounden so to obey myght be infydels or myscreantes as the glose sayth aboute the begynnynge but bysshops neyther ar neyther may be suche maner men And therfore it is open and euydent to all men that the apostle spake not of preestes or bysshops but of kynges prynces gouernours as saynt Augustyne sayd From this subiection also the apostle excepteth no man whan he sayd euery soule Yf than it be so that they whiche resyst suche powers yea beynge infydels euyllmen do purchase to them selues eternall dāpnacion how moche more do they purchase to them selues the indignacion wrathe of almyghty god of his apostle Paule also of Peter whiche despysynge this doctryne of god these apostles haue of late troubled contynually do trouble Chrysten kynges prynces most of all without any maner excuse the Emperoure of Rome For prynces and gouernours ar the mynisters of god as the apostle sayd And he sayd not they ar our mynisters or the mynisters of Peter or of any other apostle And therfore they ar not subiectꝭ in iudgement coactyue to any bysshop or preest but rather contrary wyse the bysshops preestꝭ at subiectꝭ to them whiche thyng also the glose after saynt Augustynes mynde declared whan it sayd Than yf the emperour cōmaundeth one thyng god cōmaūdeth the cōtrary c. namynge there no bysshop or archebysshop or patryarche in suche iurysdyctions whiche thyng yet he wolde haue done or ought to haue done yf Chryste whiche is the kyng of kynges and lorde of lordes had graunted suche power and auctorytie to hym ouer the Emperour as they do bable lye in theyr Decretals which accordyng to truth in very dede ar nothyng els but certayn ordynaūcꝭ Cōstytucions or Decrees appertaynynge to the Establysshemēt of theyr owne gouernaūce rule or domynyon beyng but a fewe ꝑsons in nōbre to the which ordynacions in y t they ar but of theyr own braynes chrysten men ar not bounde in any thyng to obey as it hath ben shewed proued of the. xii chapitre of the fyrst dyccion as it shal appere more espcially in those thigꝭ which hereafter shal folowe ¶ Yet of thyse thynges afore gone we woll not say but the reuerence and obedyence is due to be gyuen to suche Ecclesiastycall or spyrytuall teacher or pastor in those thyngꝭ whiche he cōmaundeth or teacheth to be obserued kept accordynge to the lawe of the gospell but not otherwyse or to the cōtrary as it appereth suffycyently in the. xxiii of Mathewe by the exposycion of saynt Ierome in the same place Howbeit yet he neyther ought neyther may compell any man to the obseruynge of suche thyngꝭ in this worlde by any payne or punysshemēt Reall or personall for we do not rede y t any suche power of punysshynge vsynge domynyon ouer any man in this world is graunted to them but rather forbydden them by counsayll or cōmaundement as it appereth euydently of this chapytre and of the last aforegone For suche power in this worlde is gyuen by the lawes or by the humayne lawe maker whiche although it were gyuen to a bysshop or preest to compell men in those thyngꝭ whiche apperteyne to goddes lawe it shuld be vnprofytable For to them that shuld be compelled no suche thyng shuld auayle or do good to euerlastyng helthe saluacion And this was playnly the mynde of the apostle in the fyrste chapytre of the seconde epystle to the Corynthyans whan he sayd And I do call vpon god to wytnesse that I sparynge you haue not cōmen yet to Corynthe not because we ar lordes ouer your fayth but we ar helpers of your ioye for you do stande contynue in fayth Where the glose after Ambrose mynde sayth I call god to wytnesse not onely agaynst any body but also agaynst my soule yf I do lye in that thynge wherof I speke That I haue not cōmen to Corinthe agayne syns I departed from you and I haue done this sparyng you that is to wyt lest I shuld haue made many of you sad sorowful by sharpe rebukyng of many of you in which thing he spared them lest he beyng very sharpe they myght be tourned in to sedicion Therfore he wylleth them to be fyrst mytigated afore his cōmyng And therfore it was not lōge of incōstancie lyghtnes or els of any carnall cōsideracion y t he dyd not fulfyl those thyngꝭ whiche he had purposed For a spyritualman doth not fulfyl his purpose than whan he hath deuysed any thyng more prouydently apperteynyng to helth saluacion And lest they myght be angry as yf he had spoken of domynyon because he had sayd it was for sparing of you y t I haue not come he saith afterwardꝭ I do not therfore say sparyng you because I haue any domynyon ouer your faith y t is to say because your fayth doth suffre any domynion or cōpulsion which is a thyng free not of necessytie but I say it therfore because we ar helpers yf you worke with vs of yourioy eternal or els of the ioy of your amēdemēt for they which ar amēded doth ioy ar glad I said very well ouer your faith for by faith whiche worketh through loue you do stāde not by dominion This same sentence meanig dyd sait Iohn̄ Chrisostome gather of the afore reherced wordes of the apostle hath expressed it to al mē euydētly in his boke of Dialoges which is entytled the Dignite of presthod in y ● iii. chap. of the. ii boke for therafter he hath brought in y t sayng of y ● apostle not because we ar lordꝭ ouer yo ● faith but we ar helꝑs c. he saith thus They whiche ar outwarde iudges y t is to wyt seculer iudgꝭ whan they haue subdued euyll persones they do shewe very moche power auctorytie vpon them whether they wylor not wyl they restreyne them kepe them spyte of theyr teth frō theyr olde lewde vngracious maners but in the church no mā by compulsyon but well contented and condescendynge ought to be conuerted to better maners and conuersacyon for neyther there is any suche power gyuen to vs by the lawes that by the auctorytye of sentence or Iudgement we maye restrayne and withholde men from synnes And here Chrysostome speaketh in the person of all preestes assygnyng the fyrst cause nowe rehersed wherfore they ought to compell no man because they haue not coactyue auctorytye or iurysdyccyon of any man in this worlde for asmoche as it was not gyuen by the lawes or lawe makers at those tymes or in those places or prouynces Than afterwardes he assygned and sheweth an other cause sayeng neyther yf suche power and auctorytie were gyuen we preestes or bysshops shuld haue wheron we myght exercyse suche maner power auctorytie seynge that our god that is to wyt Chryste shall rewarde not suche as be brought awaye from synne by necessytie
that is to saye by vyolence or compulsyon but suche as abstayne from synne of theyr owne towardnes And yet woll we not by thyse thynges say that it is vnconuenyent that heretykes or otherwyse infydels or mysbeleuers shuld be punysshed but this auctorytie to punysshe suche persones belongeth onely to the humayne lawe maker Than coactyue power or iurysdyccyon dothe not agree or belonge to any bysshop or preest but as well they as other oughte to be vndre the seculare iudges in this power as it hath ben sayd wherfore agayne the apostle sayde in the secōde chapytre of the fyrst epystle to Tymothe Therfore fyrst I beseche that obsecracyons prayers requestes and gyuynge of thankes be made for all men for kynges all men whiche are in hyghe auctorytie that we may lede a quyete and a peaceable lyfe Wherfore the glose sayth Paule dyrectynge thyse wordes to Tymothe in hym teacheth and sheweth a forme and maner to all the whole churche And afterwardes after y e mynde of saynt Augustyne it foloweth in y e same glose vpon these wordes for all men that is to say for men of all sortes and especyally and moste of all for kynges although they be euyll and for all whiche are set in hyghe auctorytie as dukꝭ erles althoughe they be euyll men And yet amōge all those that are set in hygh auctorytie or in suche iudycyarie power neyther the apostle neyther Augustyne maketh any where mēcyon of bysshop or preest but onely of seculare prynces But wherfore the apostle wylleth sayth Augustyne prayers to be made for kynges and those whiche are in hyghe auctorytie yea althoughe they be euyll men he sheweth the cause sayeng īmedyatlye after For this shall be profytable to vs that we maye lyue a quyete lyfe from persecution And a peaceable that is to saye without any dysquyetnes or trouble Lo here is testymonye and wytnesse of that thynge whiche we sayd in the last chapytre of the fyrste dyccyon that is to wyt that the cause effectyue and also conseruatyue of tranquylytie and peace is the dewe actyon or operacyon of the soueraygne or chyefe gouernoure beynge not letted Than Augustyne putteth by and by after a thyng whiche is greatly to the purpose sayeng Therfore the apostle admonysshed counseyled the church to pray for kyngs and all persons set in hygh auctorytie beynge inspyred with the same holy ghoste wherwith Ieremye the prophete also was inspyred whiche sent an epystle or letter to the Iewes y t were in Babylon that they shuld pray for the lyfe of kynge Nabugodonozor his sones for the peace of y e cytie sayeng for the peace of them shal be your peace By this fyguratyuely he sygnyfyed y t the churche militant in erthe in all the sayntꝭ belōgynge to her the which at the Cytyzens by adoption of the heuēly Iherusalem shuld be seruaunte subiecte vnder the kynges and gouernoures of this worlde And therfore y e apostle monyssheth y e churche to praye for them that they myght lede a quyete peaceable lyfe Loo here vndoutedly y t the sentence mynde of the apostle and of Augustyne is that the churche or elles all true Chrystyans oughte to be vnderneth the seculer prynces or gouernoures namely the chrysten gouernoures and to obeye the cōmaundementꝭ of them whiche be not cantrary to the lawe of euerlastynge helthe But yf the apostle had vnderstande or meaned that byssops or preestes ought to be soueraygnes and prynces and to iudge men really or personally by coactyue iudgement in the state and for the state of this present lyfe he wolde haue sayd to Timothe whom he had ordeyned and made bysshop I be seche the that obsecracyons c. be made for all kynges and bysshops whiche are in hyghe auctoryte Moreouer in the thyrde chapytre to Titus the apostle sayde admonysshe and warne them to whom thou preachest to be subiectes obeysaunte to prynces and powers the apostle sayd not admonysshe the seculare persons onely neyther he sayd Admonysshe them to be subiectes to vs and prynces for the Apostle knewe ryght well y t neyther he neyther other bysshops or prestes ought to be prynces or to iudge other men by lytygyouse Iudgement or Iudgement of seculare actes or deades yea moreouer he had reuoked and called them backe from all maner seculare busynes not onely from lordshype or soueraygntye and Iudgement of seculare matyers whan he sayd in the seconde chapitre of the seconde epystle to Tymothe no man warrynge to god entangleth hym selfe with seculare busynes wherfore Ambrose sayth admonysshe and warne thou c. As yf he had sayde albeit that thou haste spyrytuall Empyre and rule that is to wytte to cōmaunde them in spyrytuall thyngꝭ yet that notwithstandyng warne them to be subiectes and obeysaunt to prynces that is to kynges dukes and to lesse or inferyour powers and offycers for the Christyan relygyon depryueth no man of his ryght whiche thynge saynt Ambrose sayth so moche because the apostles wyll mynde and also his doctryne was that also Chrysten men shuld be subiectes and obeysaunte to theyr Lordes or maysters and also to prynces and gouernours although they be infydels and no Chrysten men as he sayth hym selfe in the laste chapytre of the fyrste epystle to Timothe in the begynnyng who soeuer are bonde men vndre yoke c. where the glose after saynte Augustynes mynde sayth thus It is to be knowen that certayne mē had preached that lybertie was cōmune to all men in Chryste whiche is verylye true concernynge spyrytuall lybertie but not as touchynge carnall lybertie so as they vnderstode it Therfore the apostle speaketh here agaynst theym byddynge the bonde men to be subiectes and obedyent to theyr lordes and maysters therfore lette not the Chrysten bonde men requyre that whiche is sayde of the Hebrues that is to serue syxe yeres and than for nought to be made free for that is mystycall And wherfore the apostle doth cōmaunde this he sheweth by and by after sayeng lest both the name of the lorde myght be blasphemed as of one whiche dyd inuade and vsurpe thynges be longynge to other men And also the Chrystyan doctryne as beynge vniuste preachynge agaynst the lawes Cyuyle Howe than or by what meanes with what conscyence towarde god wyll any preest who soeuer he be absolue subiectes from the othe by whiche they are bounden to theyr christen lordes and Soueraygnes for this is an open heresy as it shal appere more largely hereafter The postle than sayde admonysshe them to be subiectes and obeysaunt to soueraygnes and gouernours he dyd not saye admonysshe laye men onely but he sayd admysshe them indyfferently For after his mynde euery soule is subiecte to them in coactyue or contencyous Iudgemente and yf it be not so than tell thou me In what thynge he meaned that euery soule shulde be subiecte to the po●oers c. For yf euery soule hadde oughte to be subiecte to Timotheus
of the excōmunycatynge or assoylynge of any persone or persones dothe not appertayne to any of them alone or onely to the colledge or cōpanye 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 cōmunyte or els to the counsayle by hym apoynted and the preestꝭ 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 cōpany of other men left he myghte infecte them as a persone hauynge the leprye or other lyke cōtagyous syckenes and agayne the cryme ought to be proued by sure wytnes to haue ben cōmytted in dede And therfore lykewyse as it doth not appertayne to any physycion or to any cōpany 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 cōpany of them onely to ordayne in y ● cōmunytie of chrysten men the iudgement or the iudge whiche hath coactyue powre ouer such persones whiche are to be expulsed dryuen out from the cōmune 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 cōpany 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 ● prophyte But whether he whiche is accused of suche maner trespasse hath cōmytted 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 excōmunycate then the persone founde gylty of suche cryme ought to be pronounsed worthy to be excōmunycated 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 euydētly shewed by that scrypture wherof this kynde of correccyon semeth to haue taken his begīnynge 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 stāde 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 cōpany of them onely chryste vnderstode therby y ● 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 ● apostles the prymytiue church vsed this worde church as it was fully ꝑfytely shewed in the seconde chapytre of this dyccyon that chryst meaned by the church the hole cōgregacyon of faythfull beleuynge people that it be longeth to the sayde cōgregacyon to haue a superyoure heed to gyue suche maner iudgement agaynst stubburne or dysobedyent persones or such haynouse offenders synners I ꝓue by the apostle in y ● v. chapytre of y e fyrste epystle to the Corynthiās where y ● apostle declarynge the sentēce of chrystꝭ wordꝭ teacheth more expresly the cause y ● forme maner by what persones suche maner iudgement of excōmunycacion 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 ● mynde of Augustyne sayth this thige I haue now iudged y t you beyng assēbled togyther ī 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 excōmunycated accordynge to the intencyon and doctryne of the apostle In whose wordes peraduenture is marked rather a counsayle than a cōmaundement 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 howb●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 cōmaundement accordynge to the lawe of god yet was it not cōmaunded that this thynge shuld be done by a preeste or bysshop onely or elles onely by a colledge or company of them and therfore ▪ whan the apostle sayd I verely beynge absent in body but present in spyrite haue no we iudged c. his wordes ought to be vnderstāded 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 wordꝭ 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 excōmunycacion If it were done by them assēbled togyther wherfore Augustyne sayth that you beynge gathered togyther without any dyssencion
c. that is to saye y t it be done by you of cōmune assente or elles by the superyour therunto apoynted by the hygher powre of the laytie whiche is allone thynge therfore the apostle dyd not cōmaunde all the whole tragedie of this thynge to be done by any preest neyther dyd he wryte to any bysshop or preeste that this thynge shuld be done by hym yet euen at the same tyme he dyd sende Tymothe vnto them whiche was a bysshop as it is euydent in the. iiii chapytre of the same epystle whiche thynge doubtles he wolde haue done yf he had knowen this iudgement to appertayne onely to the auctorytie of a preeste euen lykewyse as he had done in other thyngꝭ as we haue declared here to fore in the laste chapytre of this dyccyon afore gone by the auctorytie of the thyrde chapytre of the fyrste epystle to T●mothe of the fyrste chapytre of the epystle to Titus this sentence proueable sayd which we do hold myghtie also be confyrmed and fortyfyed by reason agreably to the scrypture for suche maner of iudgement is done more certaynelye and more without suspycion by the hygher nowres or theyr deputies than yf it were done by wyll of one preest alone or elles of any colledge or company of preestꝭ onely for his or theyr iudgemēt myght sooner be peruerted through loue fauour or els through hatred and euyll wyll or els for respecte and regarde of theyr owne pryuate and syngular profyte and aduauntage than the iudgement of the superyours aforesayde to whome it chaunceth alwayes men to appeale albeit as I haue sayde the pronouncyacion of such maner sentence ought to be done by the preest for asmoche as by it the powre of god is called on in this worlde to do some punysshement to the criminouse and synfull persone euen in this worlde whiche payne or punysshement coulde not be done to hym by the powre of man that is to wytte the vexacyon of the deuyll And also because he is lykewyse iudged to payne for the state of the world to come and because he is berefte the suffr●ges of y ● church which thynge peraduenture god hath ordayned to be done by the operacyon onely of a preest Moreouer because yf any maner bysshop or preest alone or els with y ● colledge or cōpany onely of his clarkes shuld haue this auctorite to excōmunycate any maner man without the consente of the hygher powres or theyr deputies it dothe folowe therof that preestes myght take away al kyngdomes lordshyppes from the kynges or prynces whiche haue them For so any prynce or gouernoure beynge excōmunycated the multytude of his subiectes shall be also excōmunycated yf they wolde obeye the prynce or gouernour beynge so excōmunycated and so the powre of euery maner prynce or gouernoure shall be voyde and of no strength whiche thynge shulde be contrary to the wyland mynde of Paule the teacher of the Gentyles in the. xiii chapytre to the Romaynes and in the. vi chapytre of the fyrste epystle to Tymothe and also agaynst the mynde of saynt Augustyne in the glose vpon the same place as we haue declared in the. vii and. viii partes of the. v. chapytre of this dyccyon and the obieccyons whiche apparently myght be brought in agaynst this determynacyon shal easely be answered vnto and auoyded by those thynges which shall be sayd hereafter in the. ix the. x. y e. xiiii and the. xviii chapitres of this present dyccyon ¶ There is agayne an other certayne auctoryte belongynge to preestes that is that wherby breade and wyne is transubstancyated or turned in to the substaunce of chrystes blyssed body at the oration of the preeste after the pronounsynge of certayne wordꝭ by hym And this auctorytie is a character of the soule euery lykewyse as that auctorytie of keyes is And this auctorytye or powre is called the powre of makynge the sacramēt of the aultare and certayne dyuynes sayth that this powre is euen the same character of the whiche the powre of the keyes is wherof we haue spoken here to fore And certayne other dyuynes saye this powre is by a dyuers and sondrye character gyuen to the apostles at an other tyme and also by other wordes of chryste than was the powre of the keyes For this powre was gyuen as they of this opynyon do say to the apostles whan he sayd to them these wordes wrytten in the. xxvi chapytre of Mathewe the. xiiii of Marke and the. xxii of Luke This is my body which is gyuen for you do this in the remembraunce of me do this that is to say haue or take you powre to do this thynge But how soeuer the trouth is in this so great dyuersytie of opynyons it skylleth not greatly to this our consyderacyon for we thynke that we haue rehersed as moche as is suffycyent for vs to our purpose concernynge the maners of auctorytie or powre gyuen by chryste to preestꝭ or bysshoppes which may be proued by the holy scrypture But nowe gatherynge togyther agayne and makynge as it were a sūme of those thynges whiche haue ben sayde of vs concernynge the powre or auctorytie of the keyes whiche was gyuen by chryste to the apostles and to preestes the successours of them Let vs saye that in a synner truely penytent that is to say beynge sorowfull for his synne cōmytted god alone worketh some thynges euen without any mynystery of the preeste goynge before that is to wyt the illumynatynge of the mynde the purgacyon or clensynge of the faulte sporte or synne and the remyssyon of the euerlastynge dampnacyon And other some thynges therbe whiche god worketh in the same synner not by hym selfe alone but by the mynysterye of the preeste as this folowynge to shewe and declare in the face of the churche who is accompted bounde or losed from synnes in this world so that he shall be bounde or losed in an other world y t is to say whose synnes god hathe retayned or els forgyuen Agayne there is an other thynge which god worketh aboute a synner by y e mynystery of the preest y t is to wyt the chaungynge of the payne of purgatorye whiche is dewe to the synner for the state of the worlde to come in to some temporall satysfaccyon in this worlde for he dothe releasse the sayd payne outher in parte or in the hole accordynge to the satysfaccyons inioyned after the cōdycyon or state of the penytent which thyngꝭ euery one of them ought to be done by the preeste with the keye of powre accordynge to dyscrecion after this maner also dysobedyēt ꝑsons at excluded from y e cōmunyon or partetakynge of the sacramentes by the preeste And persons repentaunte amendyng theyr conuersacyon are receyued to the sayde cōmunyon by the preeste as we haue sayde aboute the ende of the Chapytoure laste afore gone And this was the sentence and mynde of the mayster in the. iiii boke in
yet hauynge no coactyue powre in this worlde to cōpell any man to the obseruynge of the preceptes and cōmaundementes 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 cōmaunde 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 cōmaunded that any man shulde be compelled of any spyrytuall man in this worlde to obserue those thynges whiche are cōmaunded 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 myscōtent 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 scryꝑture 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 īmedyate 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 Iohn̄ 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 cōnynge 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
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 kyngꝭ 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 iudgemēt 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 iudgꝭ 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 cōmaunded 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 cōtrary 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 thyngꝭ which in the olde lawe or testament were counsayled or cōmaunded to the people of the Iewes to be kepte But the obseruacyon of certayne thynges whiche cōmaunded 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 dōgyon of y e deuyl Lykewyse also christen men ar not boūde 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 seruauntꝭ 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 cōtencyons debatefull actꝭ 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 cōmaūded to be obserued for the state of y e worlde to come as the preceptes of the sacryfyces or of certayne hostes or oblacyōs to be made for the redempcyon of synnes namely of the preuye synnes whiche are cōmytted 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 preceptꝭ of the newe lawe because chryste neyther wolde neyther cōmaunded any man to be cōpelled to the obseruacyon of them in this worlde Albeit that he dothe cōmaunde by a generall cōmaundement that the ordynaunces of mennes lawes shulde be obserued but yet
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 preestꝭ 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 occupaciōs 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 offycꝭ occupacyons craftꝭ in the cytie shulde not be coarted or punysshed vnlesse there be somwhat elles cōmynge 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 cōmytte such offences ought not in any wyse to be punysshed This y t we haue sayd may be proued declared by a famylyare exāple 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 scyēce 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 iudgemēt of the fyrst sygnyfycacion to be full of leprye from the felowshyp cōpany 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 cōmytted that is to wyt to y e gouernour for it is not lawfull for the people or for any cōpany pryuatefy to iudge or to coarte or punysshe any man but onely to the cheyfe gouernour whiche gouernour for al this cōcernynge the crymes or trespasses offences wherof any man is accused and cōcernyyge 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 iudgemēt of a dyuyne of synners which are fygured or sygnyfyed by leprouse persons in the holy scrypture after the exposycion of sayntꝭ Lykewyse also he ought to beleue y e iudgemēt of the goldsmyth cōcernynge the deceytfull counterfaytynge of golden cuppes or of other metallꝭ semblably to any other maner lerned or cōnynge man after the other kyndes of thyngꝭ 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 pronoūcynge 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 dāpnynge or absoluynge them from temporall payne or punysshement or to cōpell 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 cōtenciōs or cyuyle actes or dedes And it is no mastery to assoyle the reasons or obieccyons made cōtrary to these determynacyons for whan it was sayde that the iudgement of the heretyke belongeth vnto hym as iudge to whome it belōgeth 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 wordꝭ that is to wyt the fyrst y e ꝓposycion aforesayd is true after an other sygnyfication of this word iudgemēt y t is to wyt y ● thyrd y e sayd ꝓposycion is false And therfore nothynge can be cōcluded 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 ● 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 cōpared to men in the state and for the state of