that in one sygnyfycatyon it is a certayne coÌ„mune thynge to all kyndes or sortes of Regymentes or gouernaunces yet neuerthelesse in one sygnyfycacyon it betokeneth a certayne specyall kynde of Temperate gouernaunce and power in whiche euery Cytyzene or eche maner person of the cyuyle coÌ„munytie is somwhat parte taker of the pryncipatyue state by course accordyng to the degre facultie condycyon and estate of the person that is to say whan the multytude gouerneth to the coÌ„mune profyte also and by the wyll and consente of the cytyzens Democratia the contrary to it is a kynde of rule or gouernaunce wherin the rascall coÌ„munes or the multytude onely of pore men and nedy doth gouerne and rule contrary to the wyll and consent of the other cytyzens and not vtterly to the coÌ„men profyte accordynge to coÌ„uenyent proporcyon Nowe whiche of thyse wel tempered Regymentes is beste and whiche of the vytyate or intemperate regymentes is the worste Also to speke of the ordre of other Regymentes in goodnes or euylnes it belongeth not to this present consyderacyon But yet to haue spoken thus moche of the dyuysyon of regymentes in to theyr specyall kyndes and of the dyscrypcyon of them Let it be suffycyent at this tyme. ¶ Of the maners of instytutynge regall monarchie and of the assygnacyon of the perfeccyon therof of the maners also of Instytutynge other Regymentes polities or gouernaunces bothe temperate and vitiate The ix Chapytre THyse thynges thus determyned it resteth coÌ„sequently to speke of the maners of makynge and instytutynge the parte or offyce of prynces gouernours and rulers Exipsorum namque natura meliori veldeteriori prouenientibus hinc ciuili regimini tamque actionibus arguere oportet causam agentem a quam tam ipsi quam pars principans peripsos ad politiam vtilins debeant peruenire But because we do intende in this boke to speake of the causes and actions by whiche the parte or offyce of Prynces or gouernours ought to be created we woll afore speake of the maner and cause by whiche this parte hath ben allredy created thoughe seldome to the entent that we maye dyscerne this maner or accyon and the cause immedyate of it from the maners or accyons and the immedyate causes of them by which such maner parte regularly and for the most parte ought to be created which accyons with theyr immedyate causes we maye also conuynce or proue by humayne demonstracyon or sillogisme for comprehensyon or ê‘ceyuynge of the maner wherof we speake formaste can not be had by sure or vndoubted demonstracyon And this maner or accyon and the immedyate cause of the sayd accyon by whiche the parte of prynces and gouernours the other partes of a cyuyle coÌ„munytie hath ben allredye formed or created and instytuted and namely preesthode was the wyll of god immedyatelye coÌ„maundynge hit by the termynate oracle or speche of some synguler creature or els peraduenture by it owne selfe alone iÌ„medyatlye after whiche maner god instytuted and oppoynted the gouernaunce and rule of the people of Israell vnto the person of Moyses of certayne other Iuges after hym And he instytuted or appoynted preesthode also in to the person of Aaron and of his successours Of whiche sayd cause truly and the free Accyon of it to teache or shewe why this thynge was so done or otherwyse and that thynge not so done we can saye nothynge by demonstracyon but we knowe it by symple credulytie or belefe without reason But there is an other instytucyon of gouernours whiche is caused of maÌ„nes mynde immedyatly thoughe it coÌ„meth of god as of a farre cause and as they call it tanque a causa remota whiche graunteth also all wordely power or gouernaunce as it is had in the xix of IhonÌ„ and the Apostle sayth openly in the xiii to the Romaynes and saynt Augustyne also in the. v. boke De ciuitate dei and the. xxi chapitre but yet he doth not this alwayes immedyatly but for the moste parte and well nere euery where he instytuteth and maketh the sayd powers or gouernours the myndes of men to whom he hath graunted the Arbytryment of suche maner instytucyon And of this cause what it is or by what maner accion it ought to instytute suche maner thyngê It maye be assygned and shewed by humayne certytude or demonstratyue sillogisme taken of the vtylytie or hurte of the coÌ„men wease That maner therfore of Instytutynge prynces and rulers whiche can not be certyfyed by demonstracyon beynge ouerhypped we wyll fyrste treate and speke of the maners of the instytucyon of gouernours done by the wyl of man immedyatlye and afterwardes we woll shewe whiche of the sayd maners is the most sureand moste symple maner or waye of instytutynge prynces or gouernoures Afterwardes of the beste nature of that maner we shall argue or proue the motyue or effectyue cause of whiche cause onely it ought maye be brought forth or caused of whiche thyngê consequently shall appere also the cause whiche ought to moue the best instytucyon and determynacion of the other partes of a cytie And last of all we shall speake of the vnytie of a prynce or gouernour by reason of whiche vnytie It shall appere also what is the vnyte of a cytie or Realme Nowe than persecutynge thyse thynges purposed fyrste of all we shall reken vp the maners of the instytucyon of Regall monarchye speakyng of the orygynall begynnyng of them for this kynde of gouernaunce semeth in a maner cousyn or naturall vnto vs and very nere or nexte to domestycall iconimie or the gouernaunce or ordrynge of an housholde as it appereth of those thynges whiche hathe ben sayde in the thyrde chapitre And the determynacyon of this it shall appere consequentlye of the maners of instytucyon of the other dyuysions or sondry kyndes of gouernauÌ„ce and rule The maners or instytucyons of regat monarchie be fyue in nombre after the mynde of Arystotle in the thyrde of the Polytykes and the. x. chapytre The fyrst maner is whan the ruler or gouernoure is ordeyned or appoynted to some one determynate worke but yet concernynge the regyment or gouernaunce of coÌ„munyte as vnto the guydynge or capytayneshyp of an hoste outher he with the successyon of the same kynted or els for the tyme of lyfe of onely one person after whiche maner Agamennon was instytuted capytayne of y e hooste by the grekes And this offyce is called in the coÌ„munyties of thyse dayes capytayneshyp or conestableshyp And this capytayne or ruler of the hooste or army medled not with any iudgement in the tyme of peax but yet whyles the hoste dyd warre or durynge the tyme of Batayle he was lorde hauynge power and auctorytie to kylle or otherwyse to punysshe transgressoures The seconde maner is that maner after whiche certayne men are Rulers or gouernours in Asia hauynge domynyon or rule after theyr predecessoures by successyon but yet gouernynge more to the profyte of hym selfe
to be contented as it was shewed by the last chapytre of the fyrste epystle to Timothe But as concernynge temporalties ordayned appoynted to workes of pytie and charyte by the gyfte or bequeste of any syngulare persone or persones departed I do say that suche teÌ„poralties or landes rentes or reuenewes it were well done yf they were conserued kepte and dystrybuted accordynge to the intente wyll and mynde of the gyuer or bequether in case the deades mynde ben good resonable but yf it be otherwyse or yf erroure or faulte do appere to be in the dystrybuters of the sayd temporalties and redresse therin is nedefull to be had accordynge to the wyll and mynde of hym whiche was the gyuer or bequether of them this errour or faulte ought to be redressed or amended by hym that is cheyfe gouernour ye moreouer yf he do knowe it be of powre to amende it and dothe not redresse it he offendeth god For this appertayneth not nor ought to be done by any other synguler company or persone of what estate soeuer he be this onely excepted that the correccyon or redressynge of suche faultes be coÌ„mytted by the gyuer or bequether vnto any persone or coÌ„panye in whome also yf any faulte shuld chaunce to be at the laste it ought to be corrected and redressed by the gouernoure cheyfe ruler albeit yet no synguler persone or companye may buylde a churche and there in ordayned any euangelicall mynystre without the graunte or lycence of the prynce ¶ Moreouer I wyll shewe or proue the premysses concernynge the instytucyon of ecclesiasticall mynystres and the dystrybucyon or gyfte of the teÌ„poralles or benefyces by the auctoryte of the catholyke chrysten Frenche kynges whiche is not to be dyspysed but rather to be regarded and taken hede of for they saye that of ryght whiche thynge also in very dede they do well and cause to be obserued and kepte euen vnto this daye without any chaunge the auctoryte concernynge the instytucyon and dystrybucion of ecclesiasticall offyces and of the teÌ„poralles or benefyces dothe so appertayne and belonge vnto them selues that the sayd auctoryte is not deryued in to them from any other syngulare man or partyculare companye of men of what soeuer estate he or they be For the prynce or cheyfe gouernour say they and well is not prohybyted by the lawe of god from the instytucyon gyfte â–ª and dystrybucyon of them but rather contrary they say that this auctoryte hathe ben deryued in the parfyte coÌ„munytes of chrysten men in to the persons collages or companyes of preestes by the graunte of the prynce or perlyament wherfore in the lawes of the prynces emperours of Rome there is a certayne maner forme set and appoynted of chosynge or instytutynge bysshoppes curates deacons and of ordaynynge other mynystres of the temples or churches and the nombre also of them is determyned and certaynely appoynted For this thynge appertayneth to the prynce and heed gouernoure as it was shewed in the. viii of this dyccion in the. xv of the fyrst dyccion So also there are lawes ordayned made concernynge the forme and maner of handelynge orderynge the temporalles or benefyces of the churche and of the conteÌ„cious actes of preestes amonge them selues one of them with an other or elles with any other persones who euer they be agaynst the whiche lawes they which were fyrst bysshops of Rome beiÌ„ge holy men not ignorauÌ„t of it but knowiÌ„ge it wel ynough neuer grudged or spake agaynst them but of theyr owne mynde were wolde be as they ought of ryght to be subiectes vnto them But howe and wherof this so great chaunge hathe come to passe that the company of preestê not onely dothe say that them selues are exempte from the lawas customes of the seculare prynces but also maketh them selues lawmakers ouer them and doth styflye mayntayne and defende the same we shall shewe hereafâ—er ¶ Agayne also of the premysses we ought to vnderstande know y t the heed gouernour or prynce may lawfully of the teÌ„poralles of the churche namely the pueÌ„tes rentes of vnmoueables yf any shal be lefte more than is necessary to the suffycyent sustentacion of the mynysters of the gospell tallyes taxes subsydes bothe accordynge to goddes lawe and mans lawe for the defence of the countree or redempcyon raunsonynge of prysoners in to the obsequye and seruyce of the fayth or for the supportacion of y e coÌ„mune charges other resonable causes For who soeuer ordayned appoynted suche teÌ„poralles outher by gyfte or els by bequeste vnto suche charytable vses dyd coÌ„myt the dystribucyon of them to any persone or persones he coulde not gyue them to any coÌ„panye or synguler persone with more iÌ„munyte lyberte or fredom than he had hym selfe whyles they were in his powre and possessyon But for that tyme they ware neuer free from the coÌ„mune charges wherfore it foloweth that they ar not free no not after they haue ben translated by the gyuer or ordeyner in to the powre or gouernaunce of any other man And here vnto bereth wytnes saynt Ambrose in his epystle De tradeÌ„dis basilicis whan he sayd we pay to Cesar suche thyngê as beloÌ„geth to Cesar to god such thyngê as appertayneth to god Tribute belongeth to Cesar we do not denye it hym And agayne in y e same epystle yf the emperour demauÌ„deth trybute we do not say hym naye of it Theloondes of the church payeth trybute But doubtles he wolde haue denyed y e emperour trybute yf he had beleued or supposed that trybute had not ben dewe to hym of ryght Hugo de sctoÌ„ victore also sayth the same in his treatyse made of the sacramentê The churche sayth he all thoughe it doth take y e frute of the erthly possessyon to her vse yet for all that cannot the churche by ecclesiasticall persons exercyse y e powre of executynge iustyce or seculer iudgementê but yet the churche maye haue mynystres lay persones by whom the lawes iudgementes belongynge to cyuyle powre maye accordynge to the tenoure of the lawes the dutye of cyuyle auctoryte be exercysed or executed but yet so that the churche do knowe y t she hathe all such powre of the worlde prynce that she do vnderstaÌ„de knowe that she may neuer so exempte or with drawe those possessyons from the kyngê powre but that yf reason and necessyte shall requyre bothe that powre of theyrs oughte of dutye to ayde defende hym and also the possessyons of them ought of dutye to do obsequye seruyce to hym in tyme of nede For as the regale powre must nedes gyue the defence whiche it oweth of dutye to other men so lykewyse the possessyon of the ecclsiasticall c. ¶ Of the begynnynge fyrst state of the chrystyane church howe and by what meane the bysshop of Rome and the churche of Rome hathe taken the aforesayd auctoryte a certayne
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
the pryncypall conclusyon I reason thus The auctorite of makynge or gyuyng lawes beloÌ„geth onely to that ê‘sone or persones by whom they beyng made or gyuen are better or elles vtterlye obserued but suche is onely the hoole multytude ergo to the hole multytude onely belongeth the auctoryte of instytutynge or makynge lawes The fyrste proposycyon of this sillogisme is a maner euydent of it selfe and very nere to the pryncyples for the lawe shulde be voyde serue for nothynge yf it were not obserued wherfore Arystotle in the. iiii of his politikes and the. viii chapytre sayth thus it is no good instytucyon of lawes yf there be lawes well made or set but not obeyed And agayne in the. vi boke of the same politikes and the. viii chapytre he sayth thus it auayleth nothynge at all to gyue sentences or iudgementes of ryghtfull thynges yf they be not put in execucyon and the seconde proposycyon of this sillogysme I proue for that lawe is better obserued and kepte of euery manerman of the cytie whiche euery man semeth to haue made by the hearynge and by the precepte of the hole multytude of the coÌ„munes ergo c. The fyrst proposycyon of this last sillogysme is in in a maner euydent by it selfe For in as moche as a cytie is a coÌ„munyte of fre men as it is wryten in the thyrde boke of the politikes and the. iiii chapytre euery cytezen ought to be fre and not to suffre or beare the seruyle domynyon of an other man But this coulde not be brought to passe yf any one man or elles a fewe persones of the cyuyle coÌ„munyte dyd gyue or make a lawe by theyr owne pryuate and propre auctoryte ouer the hoole multytude of cytezens for so they that dyd make the lawe shulde be lordes of the other and therfore the other cytezens that is to wytte the more parte shulde be greued and myscontente with suche lawe were it neuer so good or elles perauenture wolde in no wyse receyue that lawe but because they were contemned and despysed and because they were not called to counsayle at the makynge of the lawe they shall speake agaynst it and in no wese obserue or obaye it But the lawe whiche is made or gyuen by the iudgement or consent of the hole multytude althoughe it were lesse profytable eche one of the cyuyle coÌ„mnnyte shulde easelye obserue and be contente with it for as moche as euery man shulde seme to haue ordayned or made that lawe to hym selfe and therfore he ought not to speake agaynst it but rather to suffre it with a quyete mynde Nowe agayne to the pryncypall conclusyon I reason thus for that agyble or operable thynge in the due instytucyon wherof consysteth and resteth the moste parte of the coÌ„mune suffycyencye of the cytezens in this lyfe and in the euyll instytucyon wherof most coÌ„mune hurte is lykely to ensue or folowe ought onely to be instytuted by the hole multytude in the cyuyle coÌ„munyte but such maner thynge is the lawe ergo the instytucyon of it belongeth onely to the hole multytude c. The fyrste proposycyon of this syllogysme is so euydent of it selfe that in a maner it is as vndoubted as any pryncyple and it is grounded vpon the immedyate verytes whiche hath ben put in the. iiii and. v. chapytres of this dyccyon for men came togyther and assembled to the cyuyle socyete for profyte and the suffycyencie of lyfe to be gotten and y e contratie to be auoyded Those thynges therfore whiche toucheth the coÌ„mune or dysprofyte of all men oughte to be knowen herde of all men that they may get the profyte and auoyde the contrarye But suche maner thynges are the lawes as we sayde in the seconde proposycyon of this syllogysme for in the lawes well made or in the well makynge of the lawes consysteth a great parte of all and the hole suffycyence of maÌ„nes lyfe and vnder vniuste lawes is nought elles but the bondage and oppressyon and myserye into llerable of the cytezens by reason wherof in conclusyon chaunceth destruccyon of the coÌ„mune weale And agayne this is as it were an abbreuyacyon or some of the demonstracyons afore gone Duther the auctoryte of makynge lawes appertayneth to y â— hole multytude as we haue sayd or els to one maÌ„ or to a fewe men But to onely one it doth not for a truth belonge for cause of those thynges whiche hath ben sayd in the. xi chapytre of this dyccyon in y e fyrste demonstracyon whiche we brought in for y e same purpose for he myght by y e reason of ignorauÌ„ce or malyce or els both make an euyll vnryghtuous lawe by lokyng more to his owne peculyer profyte than to the coÌ„mune profyte by reason wherof it shuld be a tyraÌ„nycal lawe for the same cause also it belongeth not to a fewe men for they myght do amysse in makyng the lawe as we haue sayd to the syngulet or party culet profyte of a certayne fewe persons not to the coÌ„mune profyte as we may take exaÌ„ple in those coÌ„munyttes where a fewe myghty men doth gouerne rule wherfore to conclude the makynge of the lawes appertayneth to the vnyuersyte or hole multytude of cytezens or to the bygger parte of the sayde multytude of whom it is farre other and contrarye wese than it is of one persone alone or yet of a fewe for in asmoche as by the lawe all men of the cyuyle coÌ„munyte ought to be measured accordynge to due proporcyon for as moche as no man wyttyngly dothe hurte or wyll wronge to his owne selfe therfore of necessytie where all or els y e most parte shall wyll to make a lawe it is not to be thought that they wyll make any but suche as shall be conuenyent to the coÌ„mune profyte of the cytezens or coÌ„mones that is to wyt to them selues and by the same demonstracyons onely the lesse extremyte as they do call it that is to wytte this terme makynge or geuynge of lawes chaunged it maye be proued that the approbacyon interpretacyon suspencyon of the lawe and other thynges purposed or reherced in the thyrde parte of this presente chapytre dothe appertayne and belonge to the auctoryte of the lawe maker or parlyament ¶ Of certayne obieccyons that maye be made agaynst the contentes of the chapytre last afore gone and of the solucyon of the sayd obieccyons and more large manyfestacyon or declaracyon of the present purpose The xiii chapytre BVt peraduenture some man shall doubte of these thyngê whiche we haue sayde dysputynge and reasonynge that the auctoryte of makynge of the instytucyon of lawes dothe not appertayne or belonge to the hole mustytude in a cyuyle coÌ„munyte Fyrst because that thynge whiche is euyll or croked without wysdom or dyscrecyon for the most parte ought not to instytute or make a lawe for these ii fawtes ought to be excluded from the lawe maker that is to wytmalyce and ignoraunce For the auoydynge of whiche
the lawes but some thynges must nedes be cōmytted to the arbytrement and wyll of the prynce and gouernoure in whiche thynge he maye hurte the cōmune weale yf he be a man of peruerse affeccyon And this was the sentence and mynde of Arystotle in the seconde boke of the politikes and the. viii chapytre whan he sayde thus For they that are set in great powre and auctoryte yf they be vyle and of no valure that is to saye yf they be croked or nought in theyr maners they do moche hurte and hathe done moche hurte as haue some done allredy to the cytie of the Chalcedomianes and because prynces are preserued from doynge of hurte by morall vertue and namely iustyce therfore it is conuenyent yf we maye call that conuenyent which is necessarye y t noman which shal be a prynce or gouernour do wante morall vertue and namely iustyce amonge all other vertues To the whiche vertue of iustyce it is conuenyent in hym that shal be a gouernoure that a certayne vertue be assocyated called Epicikeia by which vertue the iudge is dyrected to equyte mekenes gentylnes and from extremytie cruelnes specyallye and cheyfly in those thynges wherin the lawe is insuffycyent and vnperfyte and getteth no playne determynacyon wherfore Arystotle in the. v. boke of his etykes and the. x. chapytre sayth thus this is y e nature and offyce of the vertue Epicikeia which as I esteme the lawers wyll call Equite to amende the lawe in that parte or be halfe wherin it is vnperfyte and maketh no expresse mencyon suffycyently as touchynge to any partyculer thynge because it speaketh onely generally for this Epicikeia or equyte is a certayne fauourable interpretacyō or moderacyon of the lawe in some case whiche the lawe comprehendeth vnder the generalyte of rygoure in whiche thynge the lawe is sayde for so moche to be vnsuffycyent or vnperfyte because it hathe not excepted the sayde case from the rule whiche for all that it wolde haue excepted from the generalyte of the rule other with some moderacyon or elles vtterlye yf it had consydered that suche case shulde haue so fortuned or chaunced and agayne besyde the aforesayd thynges there is requyred in hym that shal be a prynce or gouernoure a certayne synguler loue or beneuolence towardes the cōmune weale and the cytezens For by the reason of this loue or beneuolence the accyons or deades of the prynce or gouernoure are intented or done the more dylygentlye and the better to the cōmune profyte of the hole multytude togyther and also to the pertyculer profyte of eche one by hym selfe ¶ And besyde these sayde habytes and dysposycyons as they call them or qualytes there is necessarye to a prynce or gouernoure a certayne extrynsecall instrument that is to wytte a certayne nombre of men of armes by whiche he maye execute his cyuyle sentences or iudgementes vpon rebelles and dysobedyent persones by coactyue powre wherfore Arystotle in the. vii boke of the polytykes and the. viii chapytre sayth thus They that lyue togyther in a cyuyle cōmunyte it is necessarye for them to haue arma that is to saye a multytude of men of armes to compelle those that are rebellons and dysobedyent persones to obeye the heed offycers or gouernours for elles the lawes and cyuyle sentences shulde be ydle and serue for nought yf execucyon of them myght not be done and performed And this armed powre of prynce or gouernour had nede to be so great that it do excede the powre of any one subiecte vnder hym or of a great many of them and yet he ought not by the reason of so great armed powre to vyolate or breke the lawes and to rule imperyouslye or lordely besyde or contrarye to the lawes And Arystotle in the thyrde of the polytykes and the. xi chapytre saythe in this wyse A kynge or gouernoure ought to haue so great powre that he may be greatter and more of myghte and strength than eche one of the cōmunes by hym selfe or than many of them togyther Wherfore I saye there ben thre thynges whiche they ought to haue that shall take vpon them the pryncypall and moste hyghe offyces The fyrst is that they do loue the presente state of the cōmune weale The seconde is that they haue great powre to execute those thynges whiche theyr offyce requyreth The thyrde is that they haue vertue and Iustyce by vertue here he vnderstandeth Prudence which is the bonde and the maystres and teacher of all vertues wherfore Arystotle in the. vi boke of the Etykes and the laste chapytre sayth thus In whome soeuer Prudence is whiche is but one vertue in hym is also with the sayde prudence all vertues and Arystotle in the sayd sentēce dyd set Prudence and moral vertue both vnder one in the same parte of the sayde deuysyon because they are not separated or dysseuered at any tyme the one from the other of the whiche mynde and sentence it semeth that he is in the same boke and the same chapytre whan he saythe thus It is manyfeste therfore and euydent of the premysses that it is not possyble a man to be properly or pryncypallye good without Prudence Neyther a man to be prudent without morall vertue And Arystotle in the. v. koke of the polytykes and the. ix chapytre wryteth the thynges whiche we haue here entreated of to be conuenyent and necessarye to hym that shall be a prynce or gouernoure perauenture in contrarye ordre as they ben necessarelye requyred to be declared Of the premysses than it appereth what is the propre subiecte or matere materyall cause of the lawes of men Truly a prynce or gouernour which shal be suffycyently prepared with wisdome or prudence morall vertue namely Iustyce Than what maner persone a prynce or gouernoure ought to be and what thynges are conuenyent and necessarye to hym let it be determyned in this wyse ¶ How y t prynce in a cōmunyte kyngdome is as the herte in a sensyble creature y e without a kynge or prynce no cōmunytie or kyngdome can stande partly of a prynces duetye The xv chapytre THe herte of a sensyble creature which is fyrst fourmed is more noble more perfyte in his qualytes dysposycions than al the other partes of the sensyble creature for in it natura generās hath set ordayned a powre and an instrument by which the resydue of the partes of a sensyble creature are fourmed of cōuenyēt matere or substaūce are also seperated and dysseuered ordred eche in cōparyson to other are kepte in theyr dysposycyons qualytes and are also by it preserued from noyaunce or hurte as moch as nature doth suffre hym to be preserued And whan they are fallen from theyr owne nature by the reason of sycknes or any other impedyment they are repayred restored to theyr owne nature agayne by the vertue powre of this parte ¶ Proporcyonatly moche lyke vnto these thynges
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
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
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
preeste a deacon doth dyffer sayth thus Presbiter Episcopus the one is a name of age the other of dygnyte wherfore also to Titus to Timotheus mencyon is made of the ordynacion of a bysshop or ouerseer of a deacon but of senyours or preestê no worde at all is spoken for in this worde Episcopus presbiter is coÌ„tayned This also appereth manyfestly by the apostle in the fyrst chapitre to the Philippianes whan he sayd To al y e sayntê or holy men in chryste Iesu which are in Philippe with the bysshops deacons To here that he nameth the preestê none otherwyse than bysshops or ouerseers for this is vndoubted there was not otherwyse many bysshops in one cytie but because there were many preestê The same thynge agayn is euydentlye shewed by the same Paule in the fyrst chapytre to Titus whan he sayd For this cause I lefte the behynde me at Creta that thou shuldest furnysshe vp suche thyngê as are lackynge or wantynge that thou shuldest ordayne and make preestê or senyours by the cyties so as I haue ordayned appoynted to the. Yf any man be fautles c. and by by after appoyntynge shewynge the qualytes beloÌ„gyng to them that shulde be made preestê he sayth for a bysshop ought to be without faulte as beynge the dispeÌ„satour or mynystre of god c. Lo here that he called hym which was to be made preeste nothynge els but a bysshop The same Paule in the. xx chapytre of the actes speakynge to the preestê of one churche that is to say of Ephesus sayth in this wyse Take hede to your selfe to y e hole flocke in whiche the holy ghost hath set you bysshops or ouerseers to gouerne the churche of god whiche he hath redemed with his owne blode Lo here that in the churche of one cytie that is to wyt of Ephesus the apostle spake to many as to bysshoppes or ouerlokers which was not but for that there were many preestes whiche all were called bysshops or ouerlokers because they ought to ouerloke the people How beit afterwardes in the churche folowynge he onely was called bysshop or ouerseer which by the other preestes the people was instytuted made cheyfe or hyghest of all y â— preestê of that cytie or place And the apostle called them rather bysshops or ouerseers than preestê or senyours because he wolde call vnto theyr remeÌ„brauÌ„ce the care busynes or dylygent ouerlokynge which they ought to haue of the other chrysten people He called hymselfe a preeste or senyour not a bysshop or ouerloker because of humilite mekenes as it appereth of the texte afore brought in of y e. iiii chapytre of the fyrst epystle to Timothe whan he sayd Do not despyse or set lyght of the grace or gyfte whiche is in the. c. So also Peter IohnÌ„ called them selues senyours for this name was gyuen of age wherfore in y e. v. chapytre of the fyrst epystle of Peter it is wryten Therfore I beseche the senyours whiche are amonge you beynge my selfe a senyour with them and a wytnesser of the passyons afflyccyoÌ„s of chryste c. And in the fyrste chapytre of the seconde epystle of IohnÌ„ it is wryten The senyour to the chosen lady to hersones c. And in the fyrst chapytre of the thyrd epystle of the same IohnÌ„ The senyour to the most derely beloued Caius c. But where the coÌ„mune texte of the canone or holy scrypture hath these wordes senior or coÌ„senior saynt Iherome in the epystle aforesayd hath euery where presbiter or conpresbiter For the apostles vsed these wordes as beynge all of one sygnyfycacyon But after the tymes of the apostles the nombre of preestes beynge notablye augmented and increased to auoyde sclaundre and occasyon of offendynge any man and to auoyde scisme and dyuysyon the preestes chose one amonge them selues whiche shulde dyrecte and ordre the other as touchynge to thee xercysynge of the ecclesiasticall offyce or seruyce and the dystrybutynge of the oblacyons the dysposynge orderynge of other thyngê in the most conuenyent maner lyste yf euery man myght do this thynge after his owne pleasure and as he left hym selfe the good ordre seruyce of the churches myght be troubled by the reason of the dyuerse affeccions of men This preeste whiche was so elected and chosen to ordre and rule the other preestê by the custome vsed maner of speakynge of them that came afterwardes was onely called a bysshop or ouerseer because not onely he was ouer loker of the chrysten people for whiche cause all other preestê also were called ouerseers in the prymatyue church but also be cause he had the ouersyght of y t other preestê for which cause such maner a preeste of Antioche retayned to hymselfe alone the name of a bysshop or ouerseer all they afterwardê retaynynge to them selues onely the name of a preest ¶ But this sayd eleccyon or instytucyon made by man gyueth or addeth to the person so elected and chosen no whyt of more large meryte essencial or of the auctoryte of preesthode or of the powre aforesayde but onely gyueth to hym a certayne powre of a canonycall ordynacyon in the house of god or temple to ordre dyrecte or rule other preestê and deacons and other offycers and mynystres Lyke as nowe a dayes vnto the pryour of a relygyouse house powre auctoryte is gyuen vpon the couent Powre I say not coactyue of any man but onely so farforth as shalbe graunted concernynge this poynt by the auctoryte of the kynge to the person so elected as it hath ben proued in y e. iiii the. viii chapytres of this dyccyon shal appere more largely in the chapytre nexte folowynge Neyther yet any other intrinsecall dygnyte or powre is gyuen to hym so elected by suche eleccyon After this maner the soldyars in warre chose to them selues a capytayne whome they were wonte in the olde tyme to cala mayster or emperour albeit that this worde Imperator in Englysshe emperour is nowe translated to betoken a certayne maner or kynde of regale powre hyghest ouer all so it is vsed nowe adayes So also the deacons amonge them selues choseth an archedeacon to whome suche eleccyon doth not gyue or adde any essencyal meryte or any holy ordre aboue deaconshyppe but onely it gyueth to hym a certayne humayne powre or auctoryte as we haue sayde to ordre rule the other deacons wherfore the bysshop of Rome hath no whyt more of the essencyall auctoryte of preesthode than hath any other preest who euer he be Euen lykewyse as saynt Peter had no whyt more of this essenciall powre than the other apostles for all they receyued this same auctoryte of chryste iÌ„medyatly egally as it was sayde before by the auctoryte of Iherome vpon that texte in the. xvi of Mathewe And to the I shal gyue the
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
necessyte or lacke of men as it was in the olde tymes For there were in Englande men more excellent of good lyfe and more cōnynge in holy doctryne than he whiche beynge vnskylled of the language and also beynge no doctoure of dyuynyte but onely beynge a lawyer pleader of causes was made gouernoure ouerseer vnto them And so lykewyse in Denmarke and in other prouynces of which many open testymonyes myght be brought in in lyke errour but I passe ouer them because of spede shortnes For who wyll not meruayle or wondre to se yonge men ignoraūte of the scryptures of god lackynge also conuenyent grauyte of maners men without experyence and learnynge and otherwhyles openlye dyffamed persons to be made bysshops and to be promoted to the hyghest dygnytyes offyces in the churche throughe Symonye or the request and prayer of great men I do not saye otherwhyles throughe feare of great men or for seruyce done or for cause of cōsanguynyte or affynyte y e doctours of dyuynyte teachers of the holy scrypture men approued for y e honestye of theyr lyfe cōuersacyon beynge put bye or not regarded whether these be fayned or false thynges that I do speake he shall easyly perceyue whiche wyll reken vp the bysshoppes or archebysshops of prouynces the patriatches and other inferyour prelates for he shal not fynde one amonge x. of them whiche is a doctoure of dygynyte or y t is suffycyentlye learned in the holye scrypture and whiche thynge I am a shamed to speake althoughe it dothe not greue me to speake it because it is true The bysshops of these dayes neyther haue cōnynge to preache to the people the worde of god neyther to saye agaynst the erronyous doctrynes of heretykes yf any shall happen to ryse but in the aforesayd chaūces they do shamefully begge and craue the doctryne of other men notwithstandynge that the doctoure of the gentyles Paule doth saye in the thyrde chapytre of the fyrste epystle to Timothe that a bysshop ought to be a teacher embrasynge that faythfull worde whiche is accordynge to doctryne that he maye be able to exhorte in holsome doctryne and to reproue them whiche speake agaynst it As the same Paule wrote in the fyrste chapytre to Tite And as touchynge the other inferyour prelates abbottes and pryores and other persones and curates of churches I take god whiche is īmortall truthe to recorde that a great multytude nōbre of them are without bothe suffyciēt vertue of lyfe also learnynge yea in so moche that many of them can not speake one sentence congrulye accordynge to the rules of grāmer But they to whome of the fulnes of powre for of it I wyll no we speke agayne the greatter dygnyties of the churche are graunted for the moste parte and they whiche are supposed to be suffycyent and able to gouerne them are lawyers and pleders of causes These the pope of Rome promoteth to dygnyties as beynge profytable persones and defenders of the churche whiche can contende and stryue for the conseruacyon large vsurpacyon of temporall thynges and the doctours of holy dyuynyte he doth reiecte as beynge vnprofytable persones For they are symple men as he with his colledge of cardynalles doth saye wolde suffre the churche to decaye and go to waste Notwithstandynge that in very dede the churche is not the temporalles but the faythfull people of chryste for which the bysshop ought to contende and stryue and not for the temporalles accordynge to the counceyle of chryste of the apostles as it appereth in the. x. of Iohn̄ and by the apostles wordes in the place afore alledged and by very many other places of the scrypture whiche I leaue out here because it is euydent ynoughe and also for the abbreuacion of our proces for the tēporals are not inherytaunce of the apostles whiche they lefte to the bysshops theyr successours for to be saued and kepte Neyther are emperyall dygnyties seculer domynyons the ryght or lybertyes of the spouses of chryste which ryghte c. the bysshop of Rome that nowe is to defende or rather to offende toke a doubtfull intricate sentence and after a crafty sophysticall fascyon moste vniustlye hath anaūced hym selfe agaynst noble Ludouyke cōmynge of y e dukes of Bauarye kynge of the Romaynes wherfore Barnarde in the. iiii chapytre of y e secōde boke wryten to Eugenius De consideratione whan he had spoken of the dylygent cure charge of soules or churches which the apostles lefte to theyr successours sayth in this wyse what other thynge hath the apostles lefte he sayde that I haue I do gyue to the what thynge is that one thynge I knowe it is not golde nor syluer And within a lytle after the same Bernarde sayth Be it so that thou mayste chalenge these thynges that is to wyt the tēporalles vnto thy selfe by whatsoeuer other waye or tytle one thynge I am assured of that not by the ryght or tytle of an apostle And agayne afterwardes that whiche he had saythe Bernarde he gaue that is to wyt the dylygent cure charge as I haue sayde vpon the churches But concernynge domynyon or lordshyppe here what the sayde Barnarde sayth afterwardes hathe he gyuen domynyon or lordshyppe here what he sayde hym selfe Not beynge lordes or hauynge domynyon of the clargye but beynge made the example of the flocke And because thou shalte not thynke this to haue ben spoken onely of humylyte and not also of truth these are the wordes of chryst hym selfe in the gospell The rulers of the Gentyles hath domynyon vpon them and they whiche haue powre ouer them are called benefycyall and it foloweth afterwardes But it shall not be so with you it is playne here and euydent that domynyon and lordshyp is vtterly forbydden the apostles And y e thynge whiche is worthye of moste meruaylynge and moste to be marked and regardyd of all men and to be redressed and broughte agayne to a dewe forme and maner by the prynces as beynge the mynystres of god is the instytucyon of the bysshoppe of Rome with other bysshoppes for seldome is a dyuyne chosen to be bysshoppe of Rome But for the moste parte one is taken of the companye of lawyers and pleders of causes whiche thynge is vtterlye contrarye to the scryptures of god and dysagreynge from ryght reason and most shameful of all thynges in the face of all churches So also conuenyently and no lesse in a maner it is to be marked concernynge the company of cardynalles that vnto this dygnyte at taken wanten yonge men and very many of them not learned or skylled in the holy scryptures notwithstandynge that this bysshop of Rome and his churche or colledge ought to be an example vnto all other But of these thynges thus farforth beit spoken and now retournynge to our purpose wherof we spake before let vs say y t the bysshop of Rome of the fulnes of powre doth gyue the greatter multytude of
subiectes and obedyent and taketh also hereof vnto them selues to other occasyon lybertie to syn more at large To this adde a newe sprynge or braunche of the sayd rote y t the bysshop of Rome of his fulnes of powre hath forbydden them whiche haue any ecclesiasticall benefyce where euer it be without his lycence to make any testamentes hath decreed that the goodes of them that dyeth intestate are to be coÌ„uayed brought iÌ„medyatlye vnto his see And adde this also which is a greatter thynge and more of the deuyll for it is most large symonye althoughe it be fulfylled after the deade that by the same powre he reserueth the rentes and profytes or frutes of all the benefyces in whatsoeuer places they be the fyrste yere that they ar vacante gatheryng after this maner vnto hymselfe all the treasures of the worlde and robbynge all kyngdoms and prouynces of the same in whiche prouynces they ought to be dystrybuted to the mynystres of the gospell and to myserable persons or elles to be turned in to the subsydie succour of the coÌ„mune wealthe wherof they are taken yf nede shall requyre for herefore they haue ben ordayned and assygned This agayne is a more iÌ„tollerable thynge that he sayth that the legacyes or bequestê in the testamentes of chrysten laye men for the passage beyonde the see or for other causes accordynge to the dysposycion of certayne determynate persones whome they call coÌ„myssaryes dothe appertayne to his ordrynge by the same fulnes of powre And no meruayle hereof seynge y t a certayne bysshop amonge them hath sayd that he hymselfe hath domynyon of all kynges prynces realmes coÌ„munyties notwithstandynge y t in very dede none of all the aforesayd thynges doth appertayne vnto his powre and of the same rote mo greuouser thynges than these shall chaunce to sprynge vp whiche can not all be tolde for the so dyuers nature of them For one inconuenyent graunted namely suche one in whiche all other incoÌ„uenyencê that may be thought or ymagyned aboute cyuyle actes are coÌ„tayned it is no harde thynge for any other inconuenyences whatsoeuer they be to chauÌ„ce accordynge to the gentyle phylosopher Arystotle for this full powre beynge due vnto hym it foloweth that he may do whatsoeuer helyste wherfore he doth suspende dysanulle reuoke all y e ordynacioÌ„s lawes of men at his owne pleasure which thynge as beynge the extreme vttermoste incoÌ„uenyent y t may be in the worldly regyment gouernaunce as well sayntê as phylosophers hath hated refused as it was proued by demoÌ„stracyon in the. xi chapytre of the fyrst dyccyon also was more largely confyrmed in the. v. of this dyccion by the auctoryte of saynt Augustyne in y e. vi chapytre of the fyrst epystle to Timothe So than by the fulnes of powre permytted vnto hym y t whole body of y e churche is infectyd the ordre of all the ecclesiastycall iconomie is broken cyuyle regyment gouernaunce is letted vtterly or troubled in parte Vpon the whiche bysshop yf chrysten men wyll caste theyr iyes as I beseche them to do whiche hath ben dusked bleared many adaye to the most parte of them by a certayne couer or cloke coloure of sophistycall honesty they shallse clerely them selues who soeuer hath visyted the courte of Rome or to saye more truely the house of marchaundyse or the horryble denne of theues to vse chrystes wordes or whosoeuer hath not visyted it shal learne by the reporte of a great many of credyble persons y t it is made in a maner the receptacle sanctuarye of all myscheuous men and of marchauntes bothe spyrytuall and temporall for what other thynge is there than the concourse of symonyacall persons from all countrees what other thynge than the bablynge noyse of proctours pleaders of causes the assaulte of quarelers and false accusers the vexacion of iuste men There the iustyce of innoceÌ„t persons is in ioperdy or at the least wyse it is so greatly dyfferred put of yf they be notable to bye it with money that at the laste they beynge clene beggarde theyr money all consumed and themselues weryed with innumerable labours are compelled to gyue ouer theyr ryghtful and myserable causes There the lawes of men thundre and sounde lowde but the lawe and doctryne of god outher kepeth scylence or elles soundeth very seldome there are treatyses rolles and rentalles preuy castes deuysed how to inuade the prouynces of chrysten men by violence powre of armes to get to take away the sayd prouynces from them to whose custody they haue ben lawfully coÌ„mytted But howe to get or wyn soules there is no thought nor care no counsayles at all Moreouer there is none ordre but coÌ„tynuall horroure inhabyteth and dwelleth there And I whiche haue ben present there and seen the maner do thynke in my mynde that I do se that terryble and dredefull Image whiche Nabugodonozor dyd se in his dreame as it is recyted in the seconde chapytre of Danyell hauynge his heed of golde his armes breste of syluer his bely and his thyghes of brasse and his legges of yerne and the one parte of his fete yerne the other of erthe for what other thynge betokeneth this great Image than the state of the courte of Rome or of the pope whiche in olde tyme was terrible to lewde euyll men nowe is horryble to beholde vnto good and vertuous men For the superyoure meÌ„bres of this Image the heed y â— breste and the armes what other thynge are they in syght in affeccyon and loue than golde and syluer and the workes of mans handes And the bely and the thyghes of it what other thynge are they than the great noyse and sounde of seculare stryfes or causes or of false accusacyons and quarelles and of symonyacall byenges and sellynges for I wyll not nowe speake of the thundres lyghtnynges of curses excoÌ„munycacions both wryten gyuen forth by mouthe agaynst chrysten men whiche do refuse thoughe ryghtuouslye to be seculerlye subiected vnto the bysshop of Rome and to his churche to gyue temporal goodes vnto them And I beseche the tell me what other thyngis at the thyghes of brasse than the pompouse proude ordynauÌ„cê of pleasures ryote wel nere of alvanyties yea such as are vnsemelye for laye men which pompous ordynaunce they do imprynte in the sences of men whiche ought to be the example of chastyte and honestye vnto all other And the legges of yerne the fete and the toes wherupon the Image standeth and is made fast beynge partlye of erthe towardes what other thynge go they than the vsurpacyon inuasyon and occupacion of seculare domynyons kyngdoms and prouynces by the vyolent powre of armed men or men harnaysed with yerne bryngynge with them for this purpose the superyoure membres that is to wyt the geuynge of golde and syluer whiche prouoketh the armed men here
of Rome dyd folowe in this thynge vntyll the tyme of Constantyne In whiche space of tyme the bysshoppes of Rome with theyr colledge made vnto them selues certayne ordynacyons concernynge the ceremonyes and customes ecclesiastical as aboute the deuyne seruyce and the honest state of the colledge and company of preestes and the same ordynacyons as beynge profytable they dyd coÌ„munycate vnto other churches namely to suche as requyred them and they dyd also take vpon them selues of pytie charytie the cure and dylygence of other churches of the worlde accordynge to theyr possybylytie Because that very often tymes they wanted suffycieÌ„t gouernours postors or prelates and therfore they dyd exhorte monysshe and couÌ„sayle the persons of other churches in those thynges whiche appertayned to honestye to fayth or beleue And the other churches thankefully kyndly and wyllyngly receyued y e exhortacyons and monycioÌ„s of them In whiche churches also whan otherwhyles some of the preestê or bysshops or some of the deacoÌ„s or of other persons were frowarde and dyd not cease from troblynge of the other as touchynge maners or fayth at the brotherlye monycion of them that were presente than peraduenture those persones whiche were moste dyscrete amonge them and wyllynge to lyue godly and vertuouslye in chryste procured excoÌ„munycacyons or curses to be gyuen by the bysshoppe of Rome and his churche whose monycyons chrystened people moste feared for the causes aforesayde agaynst rebellyous persones to the dystroublers of other men or otherwyse crymynouse persones or elles the bysshops of Rome dyd it of theyr owne accorde vndesyred for the zele and loue that they had to the fayth Therfore the chrysten people whiche were in other places for the most parte of them agreed to obeye the bysshop of Rome his churche for the conseruacyon of the vnytie of the faythe and of quyetnes amonge them selues one of them with an other because these sayde thynges coulde not be kepte by powre coactyue or by any other more coÌ„uenyeÌ„t way for as moch as y t tyme y e humayne lawemakers in a maner or prynces euery where was hethen and not chrystened But whan the tyme of Constantyne the fyrste Emperourr of Rome was come whiche fyrste of all emperoures permytted and grauÌ„ted that chrysten people myght assemble and come togyther openly than was fyrste made general councelles of preestes or bysshopes by the coÌ„maundement or auctoryte of the forsayd emperour by whiche councelles the doubtefull sences of the holy scrypture were defyned and determyned and the true sences of the same sequestred and dysceuered from the false and erronyous sences whiche false corrupte and madde sences some of the preestes otherwhyles throughe ignoraunce and moste coÌ„munelye throughe superstyciousnes malyce had sowen and sparpled abrode amonge chrystes faythfull people in whiche councelles also ordynacyons and statutes were made aboute the ecclesiasticall vsage and customes as concernynge the deuyne seruyce and the honestye and good ordre of deacons and preestê and as touchynge the promotynge of them vnto the ecclesiasticall offyces as well in seperable whiche they call ordres as seperable whiche they call prelacyes or cures of soules and to such other offyces incertayne places and prouynces and also coÌ„cernynge the dystrybucyon of the temporalles or benefyces as the oblacions and other thynges which were gyuen vnto them both moueables and vnmoueables for the mynysterynge of the gospell the forme and maner was determyned sette and appoynted in the sayde councelles of the whiche forme and maner to be obserued and kepte the prynce and gouernour gaue or made a coactyue precepte or lawe byndynge euery maner man bothe preestes and laye men by a payne or punysshement outher reall or personall to be done vnto the transegressours of it accordynge as euery one dyd require for y e state in y e state of this present world And such maner lawes were made agaynst preestê bisshops more thaÌ„ agaynst other men because coÌ„munelye at that tyme they were preestes whiche gaue the cause of makynge suche coactyue preceptes or lawes And neyther the bysshops of Rome neyther any other bysshoppes who euer they were dyd resyste or speke agaynst the humayne lawe maker or prynce as beynge not subiectê to y e lawes and statutes of prynces but alwayes made supply cacyons to prynces that they wolde make such lawes as it appereth by the aforsayd boke of Isodorye and by other approued hystoryes ¶ Moreouer by the same prynces or emperours lawes were made and hath ben made concernynge the certayne nombre that shuld be of preestes accordynge to the prouynces and concernynge temporall goodes belongnnge to them both moueables and vnmoueables whiche hath ben gyuen to them as it is sayd by theÌ„ sayd constantyne and by the other emperours of Rome or other prynces or gouernours and successyuely also by some other synguler persones And agayne concernynge the cyuyle or contencious actes of them albeit the sayd lawes hath ben moderated with specyall fauours of the grace and goodnes of the humayne law makers or prynces consyderynge and regardynge the dygnyte and reuerence of the ordre of preesthode because by it accordynge to the truthe the offyce of chryste is represented regardynge also the grauyte of theyr maners and the symplycyte and innocencye of the parsones whiche at that tyme were mynysters of the gospell and bare the sayd offyce euen lyke actes they ordayned and made lesse rygorous lawes for them than for laye men grauntynge vnto them also many pryuyleges For at that tyme they were in nombre but fewe and deuoute through humylyte and humblenes easylye geuynge place and makynge no resystence to the assaultes of lawyers and pleaders of causes nor strengthed and compased aboute as they ben nowe on euery syde with vyolent or armed powre for the defence of them selues the offendynge or hurtynge of other For in the olde tyme it was a great abhomynacyon and shulde haue semed a cyuyle monstre yf clarkes namely preestes or bysshops had taken harnes or weaponed them selues or had coÌ„mauÌ„ded other men to take on harneys to fyght wherfore saynt Ambrose in the place afore alledged in the. ix chapytre of this dyccyon sayth thus I shall be able or maye be sory I maye wepe I maye wayle and syghe my teares are my armoure or weapons agaynst warres soldyers and also agaynst the Gothes for suche thynges are the munymentes strength and aydes of a preeste but otherwyse than thus I neyther ought neyther maye resyste And for this cause they neded at that tyme specyall fauours and pryuylegies that they myght lyue quyetlye and safelye and myght escape the vexacyons of quarelles and false accusarers howbeit nowe adayes there is a conuersyon and chaunge made in this thynge of them in respecte and comparyson to laye men in to the contrarye qualytye So that in the olde tymes they lyued vnder the lawes and cyuyle ordynacyons of seculer prynces and a longe season the whole colledge or companye
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
god And to the obieccyon whiche was brought in of the. xxii of Mathewe the. xi of Marke and the. xix of Luke where it is redde Than Ihesus sente ii descypses sayenge vnto them Soo you in to the castell whiche is ouer agaynst you and you shal fynde an asse bounde c. it is to be answered lykewyse lykewyse as vnto the obieccy on imeoyatlye aforegone And that obieccyon of the two swerdes whiche is taken of the. xxii of Luke the other of the fedynge of the shepe taken of the. xxi of Ihon dothe make nothynge agaynst neyther dothe inferre or conclude any thyng necessarely whiche is contradyctorye to the sentence whiche we do holde as we haue shewed seryously in the chapytre aforegone For Chryst by these wordes dyd not gyue to saynt Peter or to any other apostle or to any successoure of them iurysdyceyon or iudgemente coactyue of any maner in this worlde but he gaue to hym onely the offyce of a pastor or herdysman of whiche offyce we haue spoken suffycyently in the. ix of this last parte And as touchynge to that which the apostle sayth in the. vi chapytre of the fyrste epystle to the Coryntheans Do you not knowe that we shall iudge aungels Howe moche more than shall we iudge seculer thynges This texte is neyther it selfe coÌ„tradyctorye neyther inferreth any thynge contradyctorye to the sentence whiche we do holde For Paule in the aforesayde wordes or scrypture dyd not monysshe speake or counsayleth vnto preeses onelye but generallye vnto all the chrysten people of Corinthe he wrote that epystle as appereth and is euydent by his salutacyon For they dyd contende and stryue one with an other aboute seculer thynges drawynge one an other afore heathen iudges wherfore the apostle monysshed them as a pastor or herdysman gyuynge them councell that they shulde constytute and make iudges vnto them selues of the company of chrysten men And chose not bysshoppes or preestes but other that were not bysshoppes or preestes wherfore the apostle saythe iÌ„medyatlye folowynge Therfore yf you shall haue seculer iudgementes ordeyne and sette them to be iudges whiche are contemptyble in the churche I saye it to your rebuke is there none so wyse a man amonge you whiche maye gyue iudgement betwene his brother and brother but dothe one brother contende and stryue with an other brother in iudgement afore infydels and heathen iudges whiche texte of the apostle the glose expoundynge after the mynde of Ambrose Augustyne and Gregorye saythe in this wyse In lyke maner as he hath repreued them for that they pleaded causes and stroue in iudgement afore infydels despysynge and smally regardynge chrysten men euen so nowe he rebuketh them because they made conteÌ„ptyble persones iudges althought they were chrysten And therfore he saythe yf you shall haue seculer iudgementes because suche iudgementes are not to be had but rather to be despysed but yf you haue suche iudgementes ordayne and sette to gyue iudgement those contemptyble that is to saye vndyscrete and vyle persones whiche are in the churche That is to saye thus haue you done by reason wherof the brethren myghte be compelled to haue recourse agaynâ—â— vnto infydels or hethen iudges The apostle repreueth and rebuketh this in them speakynge Ironycallye that is to saye meanynge the contrarye to that that his wordes dothe sounde And because it was not semely or conuenyent that they shulde do so therofre he sayth by and by after I speake to your shamefastnes or to your reuerence that is to saye I do not coÌ„maunde but I do speake that you shulde be asshamed and you oughte to be ashamed that there is not one man amonge you so wyse that he is able to iudge betwene his brother and brother but that you must nedelye make fooles iudges And yet for all that these fooles are to be made iudges rather than you shulde go to heathen iudges yf there wante wyse men amonge you I saye is there not so wyse a man amonge you but dothe one brother stryue with an other brother in iudgement whiche is an euyll thynge yea and that afore heathen iudges which is a worse thynge or elles thus Therfore yf you shall haue seculer iudgementes c. Because the apostle had sayd that they myght iudge of these leaste or smalest thynges therfore he doth nowe determyne who are to be ordayned and appoynted iudges to the determynynge of suche maters that is to wytte the contemptyble persones which are in the churche For the greatter or more worshypfull persones oughte to gyue attendaunce to spyrituall thynges But you whiche ought to iudge for asmoche as you must iudge yet do after this maner Yf you haue seculer bysynes or maters ordayne or sette them to be iudges whiche are contemptyble in the churche that is to saye some wyse men which for all that are of lesse meryte for the apostles whiche went aboute to preache the gospell coulde not gyue attendaunce to suche busynesses The apostle wolde therfore that those wyse chrysten and holy men whiche contynued and abode styll in one place and not those whiche ranne aboute from place to place to preache the gospell shulde be the examyners and iudges of suche maner bysynes and causes From whiche we can not excuse our selfe by no maner wayes althoughe we wolde For I call god to wytnesse and recorde that I hadde leuer eache daye worke somwhat certayne howres with my handes and to haue certayne houres at lybertie to rede and praye or to worke somwhat of the dyuyne scryptures than to suffre the troublouse perplexites of causes concernynge seculer maters and busynesses or stryues whiche are outher to be decyded and ended by iudgement or elles to be preuented put awaye by entreatynge or goynge betwene I saye ordayne you or appoynte you contemptible persons and this I do saye to your reuerence that is to wyt that they shulde examyne and iudge erthly causes whiche haue gotten the wysdome and knowledge of exteryoure or outwarde thynges And they whiche are enryched with spyrytuall gyftes ought not to be entangled with worldly maters or busynesses so that whyles they are not compelled to dyspose these worldlye goodes they maye be able to do seruyce to the superyour or celestyall goodes But yet it is greatly to be prouyded and taken hede of that they whiche are excellent in spyrytuall gyftes do not in any wyse vtterly forsake the busynesses of theyr we ake neyghbours but lette them outher coÌ„mytte the sayde busynesses to be ordred and brought to an ende vnto other mete and conuenyent persones or elles take the same maters in hande theyr owne selues And these scryptures of the apostle and of sayntes are to be noted and marked for fyrst it appereth by the sayd scryptures that all contencyons betwene what soeuer persones aboute suche thyngê whiche do not appertayne to the lawe of god are seculer and not spyrytuall and do belonge to seculer iudgement For the apostle speaketh generallye and so lyke wyse doth the sayntes
vpon this place makynge no dyfference as there is none in dede betwene the temporall or cyuyle contencyons of preestes amonge them selues one with an other and generallye of clarkes or which are betwene preestê and laye men and betwene them whiche are amonge laye men selues one with an other For lette the sophyster or mysuser of wordes I beseche hym whiche calleth that spyrytuall whiche is vtterlye seculer after the mynde and callynge of the apostle and of sayntes let hym I saye tell me whether a preeste doynge iniurye to his brother beynge outher preeste or not preeste in worde or dede dothe a spyrytuall iniurye more than dothe a laye man yf he do lyke iniurye For to say so it is a folysshe and a scornefull sayenge and to byleue it is vttermoste madnes For without doubte the iniurye whiche is done by a preeste is more seculer and more detestable iniurye than that whiche is done by a laye man For he synneth or trespasseth the more greuouslye and more shamefully whiche is bounden to teache an other man bothe by his wordes and also by the example of his workes not to do iniurye as it hathe ben seryouslye shewed in the. viii chapytre of this dyccyon And that suche actes of clarkes are seculer and not spyrytuall and that they oughte so to be called saynt Augustyne wytnesseth openly in the afore sayd glose whan he calleth the contencyouse causes of preestes and of clarkes whiche were pleaded afore hym whiche was a bysshoppe troublouse perplexites of causes aboute seculer busynesses makynge no dyfference of these causes or coÌ„tencyons notwithstandynge the condycyon or estate of the persones for this dyfference of a preeste and of hym that is no preeste as touchynge to this thynge is but accydenttall lykewyse as the dyfference of a hoope or rynge beynge of golde and of a rynge beynge of syluer whiche dyfference no craftes man or cunnynge man dothe assygne because it maketh or causeth none essencyall dystynccion in the effecte or thynge wrought It appereth also secondarylye that the iudgement or to be iudge of suche maner actes belongeth not to preestes And that to instytute suche maner iudge doth nomore but peraduenture lesse appertayne to the auctoryte of them than of other chrysten men as it hathe ben shewed in the xv of the fyrste dyccion And therfore the apostle sayde not to any bysshoppe or preeste Constitue y t is to saye ordayne or appoynte thou For where any thynge was to be done whiche appertayned to the offyce of a bysshop or preeste he gaue charge syngulerlye to hym that he shulde do it as to preche the gospell or to exercyse other offyces whiche are properlye belongynge to a preeste or pastor wherfore in the fyrste chapytre to Tite he saythe For this cause I haue lefte the in Cretelande that thou shuldest correcte or amende those thynges which are wantynge that is to wyt as touchynge the holsome doctryne and maners and that thou shuldest coÌ„stytute and ordayne preestes throughout all Crete in euery cytie so as I haue dysposed ordred to be done but yet he sayde not to hym appoynte thou or ordayne thou a iudge to examyne seculer busynesses or maters Neyther whan he wrote to the Coryntheans dyd he saye the bysshop or preeste shall constytute or appoynte to you iudges but gaue them councell or tolde them what was best to be done wherfore the glose vpon those wordes I do speake it to your shame sayth thus as who shulde say I do not coÌ„maunde you but I do tell you that you shulde be ashamed For the apostle knewe very well that to instytute suche maner iudges dyd not appertayne to his offyce by so moch the lesse than to any other preeste or bysshop Neyther moreouer dyd he councell that any preest or bysshop shulde betaken or chosen to the exercysynge of suche maner offyce but rather the contrarye For no man as he saythe that warreth to god entangleth or wrappeth hym selfe in seculer or worldlye busynesses But he councelled that iudges shulde be apoynted and ordayned out of that sorte whiche were contemptyble in the churche that is to saye out of the nombre of chrysten men and suche persons as were not able nor mete to preche howbeit not all but after the exposycyon of sayntes the apostle wylled or counsayled that they shulde examyne iudge erthlye or worldly causes whiche had goten knowledge of outwarde thynges but they whiche are enryched with spyrytuall geftes ought not to be entangled or wrapped in seculer busynesses whiche thynge saynt Bernarde sayd openlye and playnlye to Eugenius in the fyrste boke and the. v. chapytre De consideratione and we haue broughte in his wordes in the chapytre iÌ„medyatlye aforegone But peraduenture some man shall obiecte and laye agaynst vs the sayenge of saynt Augustyne in the gloses afore rehersed For saynt Augustyne speakynge of the iudgement of seculer contencious actes saythe thus from whiche we can not excuse our selfe althoughe we wolde whose sentence also Gregorie coÌ„fyrmynge in the same place saythe thus moreouer But yet it is greatlye to be prouyded sene vnto y t they which are excellent in spyrytual gyftes c. But let the bysshoppes outher coÌ„mytte these iudgementes of seculer actes to be taken in hande of them whiche are persons coÌ„uenyent and mete therunto or elles let them selues exercyse the sayde iudgementes So by these wordes than it semeth that to iudge suche maters and to ordayne or appoynte iudges of suche maters dothe appertayne to bysshoppes or preestes in that they are bysshoppes or preestes seynge that after the sentence and mynde of sayntes the bysshoppes and preestes maye not be excused from suche iudgementes And that they muste greatly prouyde c. But to those obieccyons and to other lyke sayenges of sayntes and doctours let vs answere and saye that in the olde tyme and in the tymes of the aforesayde sayntes for the reuerence of the estate of preesthode and for the confydence of the maners and vertue of preestes at that tyme for other causes wherof we haue spoken in the. v. parte of the. xxv of this dyccyon it was graunted by the chrysten prynces to bysshoppes and to the pryncypall pastores and curates of soules to exercyse the offyce of a iudge in the thyrde sygnyfycacion ouer or vpon the persones of clarkes and theyr temporalles to the intent that they shuld be the lesse vexed or troubled from the dyuyne seruyce and that they shulde be the more honestlye entreated in seculer causes And because certayne of the sayntes a foresayd were made bysshoppes in the prouynces or places whose prynces or inhabytauÌ„tes had gyuen the iudycyall offyce to the bysshoppes excepte they wolde haue renounced and refused or forsake the bysshopryche they coulde not haue ben excused from suche maner care of the seculer causes or maters betwene clarkes But here agayne some man shall doubte not without a cause and aske a questy on why holy men as saynt
bysshop or preest may be an euyldoer to whom neyther chryst neyther any apostle hath assygned at any tyme any other iudge outher by theyr worke example or els by theyr wordes as it hath ben shewed in this dyccyon in the place afore alledged And to that obieccyon whiche is put forthe by the maner of a couclusyon where it is sayde yf it shulde be expedyent and necessary to correcte prynces and gouernoures whan they shall trespace and offende agaynst goddes lawe or mānes lawe that it semeth that they maye not conuenyently be corrected for asmoch as they haue no superyor in the cyuyle regymente at the lestwyse the pryncypall and hyghest of them And therfore that they ought to be vnder the coactyue iudgemente of preestes and bysshoppes it is to be answered and sayde that a prynce or gouernoure offendynge or treaspassynge agaynst the lawe of god or of man may and ought to be corrected conuenyently by the ecclesyastycall mynyster bysshoppe or preeste by wordes of exortacyon or of increpacyon and rebukynge but yet after a sobre a dyscrete and mesurable maner accordynge to the doctryne of the apostle in the seconde and also the. iiii chapytre of the seconde epystle to Tymothe and to the exposycyon of Chrysostome whiche we haue brought in heretofore in the. ix chapytre of this dyccyon But in no wyse by coactyue power and auctoryte For suche maner power dothe not appertayne to a preeste or bysshoppe in that he is suche one vpon any man in this worlde as it hathe ben oftentymes proued and repeted heretofore And as touchynge to the reason whiche was fynallye added that he is as touchynge to iurysdyccyon superyor vnto the emperoure of Rome and maye of ryghte instytute and depose the sayde emperoure whiche hathe translated the empyre from the Greekes vnto the Germaynes in the person of great Cherles as it hathe ben sayd that he that made this translacyon was the pope of Rome ergo the pope is superyor to the Emperour may of ryghte instytute and depose the Emperour it is to be answered sayde that yf the fyrst proposycyon of this argument be taken indefynytly not vnyuersally than of it with y e second proposycyon nothyng can be inferred or cōcluded for as moch as no syllogysme may be made of an indefynyte proposycyon and a partyculer proposycion But yf it be taken vnyuersally so that it be sayd Euery translator of the Romayne empyre from the grekes vnto the germaynes is superyor to the emperour c. Excepte the subiecte of this proposycyon that is to wyt translator of the empyre c. be determyned this proposycyon myght be proued false by very many true reasons For yf any man had īvery dede but yet not of ryght translated the empyre or elles yf he had done it not by his owne power but by the power of an other man gyuen vnto hym as vnto a proctour or deputye this person I saye whiche had so translated the empyre shulde not therfore hym selfe alone haue superyor iurysdyccyon vnto the emperoure neyther ryghtfull power and auctoryte to instytute or depose hym but yf the aforesayde proposycyon be this determyned that euery mortall man whiche hath translated or maye iustlye and ryghtfully translate the romayne empyre from the greekes vnto the germaynes by his owne propre auctoryte not graunted to hym by any other person is superyor in coactyue iurysdyccyon to the emperour of Rome and maye ryghtfullye instytute and depose hym this proposycyon so graunted than the seconde proposycyon whiche is ioyned vnto this that it is the byssoppe or Pope of Rome whiche hath trāslated the empyre as it hath ben sayde is to be denyed as vtterly false For the contrary of this proposycyon hath ben proued in the. xv of the fyrst dyccyon And also the contrarye both of it and of the conclusyon whiche is inferred of it hath ben certyfyed and surely proued by the scrypture and by the saynges of sayntes and other catholyke doctours in the. iiii and. v. chapytres of this dyccyon and hathe ben repeted or reherced agayne in verye many other places And thus it hath ben obserued in dede without reclamacyon or grudge of the olde fathers pastores of the bysshoppes of Rome Thus than to haue gone throughe the doubtes moued in the thyrde and the. xxvii chapytres of this dyccyon lette it be suffycyente And thus we make an ende of the questyones pryncypallye purposed and intended of vs in this worke ¶ Thus endeth the seconde dyccyon or boke ¶ The thyrde dyccyon or parte of this worke entytled the Defender of peace whiche is as it were a table of the two fyrste dyccyons ¶ Of the rehersall callyng to remembraunce agayne of the thynges pryncypally intended and determyned in the fyrste and seconde dyccyon and of a certayne sequele and necessary folowynge whiche the thynges that shalbe spoken in this boke haue vnto the thynges whiche haue ben sayd in the dyccyons aforegoynge The fyrste chapytre FOr as moche as in the dyccyons aforegoyng we haue assygned and marked forthe the synguler and specyall cause that nowe is of cyuyle dyscorde intranquyllyte and vnquyetnes of certayne realmes and certayne cōmunytes and whiche same thyng shall also be hereafter the cause of debate and stryfe in all other cōmunytes excepte it be letted and stopped be tymes that is to wytte the existymacion or opynyon and the desyre and enforcement by whiche the bysshoppe of Rome and the companye of his clergye syngulerlye and especyally laboure to possesse seculer domynyons and temporall thynges superfluouslye of the whiche domynyons or souereygntes the sayde bysshoppe endeuoureth to chalenge the hyghest vnto hym selfe by the tytle of full power whiche was pryncypallye graūted to hym as he sayth by chryst in the person of saynt Peter as we haue sayde in the laste chapytre of the fyrst dyccyon And as it hath ben not with out a reasonable cause repeted oftentymes and rehersed in verye many chapytres of the seconde dyccyon where as in very dede not onely not the hyghest domynyon or gouernaunce but also no domynyon at all or iugemente coactyue of any persone in this worlde is conuenyent or agreyng to hym or to any other bysshop preest or clerke in that they are suche maner persone neyther ioyntly neyther seuerallye as we haue euydently shewed and proued in the fyrste dyccyon by certayne humayne and worldly reasons And haue also confyrmed the same in the. iiii and. v. chapytres of the seconde dyccyon by the testymonyes of euerlastynge trouth and also by the exposycyons and declaracyons of the holy interpretours therof and of many proued doctours and teachers of the same and afterwardes also the. vi the vii chapytres of the seconde dyccyon we haue by the scryptures and certayne reasons assygned and shewed what and howe great and in what thynges is the power and auctoryte of preestes and bysshoppes To all whome or to some one of them we haue shewed in the.