who sayth the very dolour and sorowe of his father At Gellius the .xiiij. Boke and the .vii. Chapter the Areopagytes delyuered a woman Smyrneam that had kylled her Sone and her Husbande be poysonyng who had fyrst kylled the womans Sone that was borne in the former Maryage gaue sentence because the cause should be knowen agayne an hundreth yeares after that thus they neyther do alowe the creuell myschyfes dyd and yet they forgyue the payne because of the very dolour and sorowe of the Mother lyke Equite the Goddes be fayned to vse in remyttynge Mars and Orestes for they forgaue the payne for the very iust and ryght dolour because Mars had veÌ„ged the stupre of his doughter Orestes his fathers death These thynges wyse men dyd fayne because it should be sygnyfyed mitigacion dothe please God done for aprobable cause Thus somtyme ges do lose and rewyt them that defend them selfes by violence agaynst violence although a lytell they exced y â— measure of thrre blameles tutele defence And thus Cato dyd lose milo by his senteÌ„ce because clodius did begyn y â— fygh tyng hetherto of the extremite of the law that begynneth noc of calumpnius interpretacion but is the very sentence of the law as in the cause of Manlius or Milo yet that very law where circuÌ„staunce requireth mitigatioÌ„ nor for cause of example hath no nede of seuerite is made iniury Therfore it is sayd SuÌ„mum iussuÌ„ma iniuria The extremite of the law is an extreme iniurye There is an other certeyne maner of moâ—king or exacerbatyng the lawe as who sayth caluÌ„nia i. caluÌ„ny whiche properly is not called the rigore or extremite of the Lawe but rather dothe fyght with the lawe it is interpretated a lawe with some sopistitall cauillation they call it a begilyng ordereyuyng of the Lawe as yf a man taketh peace for .xxx. dayes and in the nyght distroyeth his enemyes fyldes Also the legate of come that compacted with antio thus that the therde parte of his naues shulde be left vnto hym he did cut al his ships in y e middest because he wold spoyle him of y â— whole nany wheÌ„ the tirans had dominion of .xxx. Athens the lawe was that none of them that were written in the cataloge shuld be kylled there was in this nombre written Iheramenes Collega when that critias hadde constytuted to kylle hym he commaunded his name to be put of this maner of kindes not onelye hystoryes gyueth to vs examples but also dayly lyfe ¶ But in a maner ther is more calâ—mpniacion in the lernyng of religion then in other busynes dictes and and sayenges of the Lawe be craftly wrested and some be exaggerated without measure and be paynted with a certtayne colour Some be abiected and deformed and all these be taken for the lawâ—e and prayse ofwyt ¶ Howe equite and a meane shoulde be hadde in oure doynges FYrste of all therfore playne truth is to be loued and theÌ„ equite is to be added to publike iustice that priuatly wher as probable honest reason doth swade moderacion and this moderacion dothe moste preuayle in wycked and noughty persons ¶ As the equite of trasibulus dyd restore the Athens who when he perceyued that without newe besines the possession that was taken away coud not be restored to ther olde masters he made a law that euery man shulde retayne that he had and they which had sustained iniuâ—ye for the publyke â—ecyssake shuld depart frotheyr owne right This equite also is maruelous necessarye to retayne concorde in a priuate lyfe ¶ Yea equite also doth mitigate diuine lawes so that it maye be not harishly done Dauid did eate holy loues he knewe an epiceye to be adhibite and gyuen to ceremonies because he knewe the politycal maners to be institutid not because thei shuld iustify before god but because y â— people shuld be coersed by that discpline therfore he iuged those customes to geue place to loue in necessite where without slaunder parell of disciplyne thei cannot be violated according to the sentence I wyl rather and more desyre mercy then sacrifice There is a verye apte example of Epiceys in the story of Ezachias when that in the celebracion of esterne many were not fyrst purged of there vsual ceremonies Ezechâ— as for all that dyd not coÌ„maunde them to abstayne from Esterne but he prayeth for them lettyng a lone the ceremonis of purgacion he vnderstandeth prayer to be the chyfe purgacion and better then the ceremonyall ¶ The Machabeiis dyd fyght on the saboth day when theyr enemyes made a sawt on them they kne we be the lawe of the saboth day that boluntary besines where forbidden but defence for the coÌ„seruacion of the coÌ„men wele of religion maried persons chyldren and such other was not to be forbidden for this is the chyfe office of Loue. Thus often tymes Epiceye is necessarye to Christian people in the vse of ceremonyalles ¶ Pule saith that he kept among the Iues the customes and fasshions of the Iues among the gentiles he vsed no Iues fasshions and yet he addeth a Super your Lawe wherby he measure these offyces as who sayth because he woulde wyne them all ¶ The superiour lawe is to gyue our diligence that the glory of the Euangelyst may be made gaye garuyshed fynally the Euangelist is y â— maruelus epicey of gods law when he approueth obedience although vnperfit because of christ ¶ Whether a iuge ought to iuge according to equite or accordinge to the posytyue lawe called the Lawe wrytten IT is better be the opinion of Aristotle in the thirde of the polytykes to iuge thynges or causes by the posytyue lawe because that vncertayne opinions lyghtly bryngeth forth engeÌ„dreth discordes of cityzens where as no written Lawe is there be vncertayne opynyons or elles contrarye for it maye often times fortune that to other iudges another thyng may besemed thought also the wrytten lawe doth good because it coercyth the affeccions of Iudges he that coÌ„maundeth the Lawe to be aboue God he geuyth also to the lawes an empyer he y t coÌ„maundeth a maÌ„ to be prefarred prefarreth best for couetousnes anger or dyâ—â— leasure depraueth also the best meÌ„ â–ª The law is amynd with out coeutousnes what nedeth in so manyfolde a thyng many argumentes There is no lawe pryncipally made of this case if a maÌ„ in great necessite taketh away mettes or elles be course of age dothe offend sience this case is by some meanes not lyke that maner of kinde wherof principally the law doth sâ—eke here now equite hath place so the law to put homicides to deth is made principalli of murther constituted petulantly don ¶ Patroclus be chauÌ„ce in play killed his felow here the dissimilitud of cases requireth some mitigacioÌ„ of payne The constitucion of the saboth day doth principally forbid
¶ A ciuile nosgay wherin is contayned not onelye the offyce and dewty of all magestrates and Iudges but also of of all subiectes with a preface concernynge the lyberty of Iustice in this our tyme newly collected and gethered out of latyn and so translated in to the Inglyshe tonge by I. G. The preface COnâ—iderynge howe in these our dayes GOD hathe wrought and dayly worketh suche wonderfull blyssed thynges as by many many yeares before the lyke hath not bensene nor harde of godith and pricketh me to reioyce and say with that diuine phylosopher Plato Tunc beatus et felix cencendus est totus orbis terrarum cum sapientes efficuntur reges aut reges efficuntur sapientes Euery man he sayth ought then to Iudge and thynke all the worlde to be blyssed and happye when wyse men be made Kynges ruelers and gouernoures or Kynges ruelers and gouernoures be made wyse The Philosopher Euripides sayth that by the company of wyse men Prynces be made wyse The roote of wysdome is to feare god and the braunches thereof be of longe lyfe No doubte a wyse harte and that hath vnderstondyng wyll abstayne from yll dedes and in workes of Iustyce his purpose shall prospere was it not a wonderfull acte the great thraldome the intollerable charges and the myserable seruytude and bondage that we be exoneratyd and delyuered of from the babylonicall strumpet wherby the fredome and lyberty of goddes woord so longe sepulted and hydden from vs to nowe come to lyght And yet wonderfull was that most valiaunt and victorious sucâ—umbynge of Frenshemen at Bullogne and the wynnyng of the same imaculte mayden towne with sonderye ouerthrowes of the Scottes But most wonderfull thynge of all is the restitucion out of bondage to lybertie of so rare so myghty so blyssed Beautyfull a person of all people so longe optatyd wysshed and loked for whose outwarde kepers and watchemen this many many yeares hath ben Mars of the inwarde chamber lune of the verye pryuye chamber Sol Although the fre benynge hart and stomake of the sayd most gracious personage was alwayes indeferent to ryche and poore yet without great oblacion and sacryfyce made and done to the sayde kepers no man coulde optayne any benefyt who knoweth not howe that Amerous persons Iustice hathe this many yeares bene detayned kept and locked from the people who could entre in at the streate gates where she was so fortely barred with yron and shet vp with stronge lockes without rewarde or brybe who myght come nere to the great chamber vnles the custos of the dore dyd fele a porcion of syluer And as aboute the preuy chamber the attendauÌ„tes and wayters vpon the gouernour of the sayd ioyfull and beautifull person Iustice were so ornated â—pparelled with chaynes rynges outches and peces of Golde that she by them was so dysgysed her syghte so dymmed her countenaunce so sulphuâ—ated that in a matter she was knowen â—o no body The poore for lacke of limnes helpe stode a farre of The ryche by the assystaunce of Sol Alwayeâ— came nere labour and frendshyppe of great persons passed all sometyme affection gouerned Iustice and not Iustice affection And sometyme by the dictes and sayinges of the lawe so craftely wrested Iustice beare no rule but nowe sence that the princes and goueâ—nours came to the the knowledge of gods worde and the feare of God before theyr tyes this blyssed person Iustice is a lytyll restored to here pristinâ— lybertie the braunches of mars begyn to slyp The gates be now wyde open the gardens of the great chamber cannot now a byde the breth of lune And all other attendaunces about the preuylodge of the sayde most ioyfull parson loueth the splendaunt and flatterynge countenaunce of Sol As they do the detestable loke of more Affection is exhyled The poore with the ryche be harde a lyke The bolde steryng and supporting of great men is drowned The delayes of lawers with trackynge of tyme in in atâ—ers be abholyshyd The wordes of god by his seruauÌ„t Moyses â—o hard and obeyed here he sayth Iudge that is ryght be he cytesyn or straunger there shall be no dystaunce of persons here as well the lytell ones as the great Iudge the people by Iust Iudgement declyne not to any parte nor â—â—ke rewardce for they â—xcecate and â—lynde the iyes of the righteous Euerlastynge woâ— sayeth I sayas shall be to them that maketh vnryghtwyse lawes and do wryte agaynst Iustice to the inâ—ent that they wyl oppresse poore meÌ„â—h Iudgement and violently subuert the cause of the people In the path of Iustice saythe Salon on is lyfe the way that turâ—â—eth there from ledeth to deathe The fundacion of perpetuall prayse and renowne saythe Tully is Iustice without the which nothyng is coÌ„mendable The Ecclesiast sayth the glory of a good man is to do Iustice accordyng to the Iudge of the people so is this offycere suche as be rulers of a citie suche be the comons sayth Salamon The fame of y t myghty Emperour Iustiniane for well gouernynge the publyke wel by his sage temperate Iusticiars Bellisarious Narcites is imortall The the banis to y â— ê‘petual prayse of Iustice paynted theyr kyng Theba to syt in his kingly estate with in the counseill house and on eche syde of hym a senator hauyng tronked handes In token that iudges neyther for rewardes nor yet for fauoure of great men ought to oppresse veryte Dauid Salamon and Dainiell for theyr iudgementes be dayly coÌ„memorated in holy scripture the one for gyuynge Iudgement agaynst the ryche man hauynâ— many shepe yet toke from the poore man his onelye shepe The other for Iudgyng betwene .ii. harlottes contendyng for y â— chylde And the .iii. for delyueryng the vertuous InnoceÌ„t Susanne out of the handes of .ii. wycked priestes Iudge true Iudgement saythe zacatie vse and occupye marsie euerye one of you with an other verytie and iudgement of peace iudge you in your partes c. Christe saythe as you do Iudge so shall you be iudged â—uen as you do measure to other so shall it be measured to you That most famus Kynge Henry the .viii. In his boke called the doctrine of a Christian man vpon the exposycion of the .vi. and .ix. coÌ„maundement teacheth and coÌ„maundeth howe Iudges ought not to gyue sentence contrarye to that whiche they knowe to be true and that in Iudgement they do not hyde and suppresse the truth and that no Iudge seyng no suffycient matter or cause of death or vpon lyght tryal without sufficient examinacion dficussion geue sentence of deth or whan the matter or cause of death is sufficient and the tryall good yet that he delyte not in the death of y e person At writers of worthy memory haue not forgotten to extole and setteforth the magnyfycensy of Iustice as the well spryng is so is the water that is deryued and tunneth therfrâ— The chyfe Lordes therfore and magestrates of the comon wele
workynges that plucketh fro publike ceremonies Then yf labors be done which do not abduce fro ceremonies do neither let nor hurte the example the case is vnlyke therfore euqite iudgeth suche doynges not to be forbiddeÌ„ Theclesiasticall tradicions were fyrst ordeyned made principally that thingê shuld be don in order since that puplically it is couenient for the Churche therfore equite dyd Iudge tradicions without fawte or blame to be violated where as the publyke order was not dissipated This distinciton dothe shewe where equite hath place as who saythe in a case wherof the Lawe wrytten do not principally speake ¶ Therfore Arestotle sayth that the auctoryte of Iudges ought to be gyuen to lawes that they may moderate them as Physycions do moderate Pharmacum And in the fyrste of Etheces he saythe that Lawes be to be constitude of that whiche most often chaunseth or happeneth but yf any any cyrcumstaunce letteth or chaungeth the cause there is commaunded Equite to be Counseylled with ¶ Therfore he saythe the Lawe is as lesbia That is to Saye a leady or a heauye Rule whichâ— is to be Moderated and applyâ—â—â— felowes one or equal and the principall fyne or coÌ„clusioÌ„ of the magestrat to be the consernuacion and keping of the lawe c. The magestrat which bereth y â— sword ought to prohibit also hereses .i. wyeked vngodly techinges punishe heretykes that is auctors of euyll wycked tecahinges but in obscure thynges the cognicion of the churche goeth before thus properly the magestrat seruith the glory of god his fuÌ„ction is y â— worshyppinge of god wheÌ„ he studieth to defeÌ„d to propage ornate true lernyng coÌ„trary wese to prohibit wicked teachynges who that doth thus dothe his principall office whiche properly perteineth to the glory of God whiche properly deserueth that title wherwith magestrates be to garnysshed in the salme I sayd ye be Gods as who sayth because they haue their office deuinly constituted ordenid And they ought to gyue to men deuine thinges relygyon Iustice dyscyplyne peace and suche other ¶ And for this cause they be called of Esaias Nurses of the churche because they ought to noryshe and to defende Godly teachers ¶ And they ought not to exercyse cruelnes on Christan men nor lawes contrary to deuine or natural ought not to be obserued ¶ The Ecclesiasticall power is the deuine commaundement in teachyng the Gospell administra the Sacramentes ordaynynge the mynysters of the Gospell annuncyatynge remyssyon of Synnes to Euerye bodye or to many Constytutynge Iudgemedtes of doctrines here is my wel beloued soÌ„e here hiÌ„ therfor crist although he ê“ponith diuersite betwene theÌ„ y e kno do not kno y t he doth not vtterly deliuer theÌ„ y t kno not wheÌ„ he saith he y â— knoweth y e wyll of his master doth it not shalbe y e mor punished yet he y t knoweth not doing thiÌ„gê wordy paâ—â—e shalbe les punished it is coÌ„meÌ„ly said saÌ„ctarusticitas .i. holi rusticite as who saith aplanemaÌ„ of y â— couÌ„tre he thiÌ„keth no hurt be this maÌ„er of saying many excuseth their folly or folishnê as who saith it is a pity or a godlines not to knoth aueÌ„gelist but erasmê° truly grauely repheÌ„deth y t saiiÌ„g saith y t nomaÌ„ caÌ„ be a christeÌ„ maÌ„ but y â— he kno mani thingê for y â— euaÌ„gelist is a certeÌ„ excelleÌ„t wisdoÌ„ which no maÌ„ w t out gret cure meditacioÌ„ colacioÌ„ of lerniÌ„g coÌ„municacioÌ„ w t lerned meÌ„ doth optaine peter doth coÌ„mauÌ„d and byd vs to be redy to render our accoÌ„pte secoÌ„darly nether y e affectated ignorauÌ„ce of maÌ„s positiue law nor y â— ignorauÌ„ce of y â— dede doth excuse Affectated ignorauÌ„ce is of y t thâ—g which eueri maÌ„ as wel of y e law as of y â— dede is bouÌ„d to know this Ygnorasice doth aristotle elegaÌ„tly speke of saying ignorauÌ„ce which any maÌ„ willingly doth accerse do not excuse but is a puersite so is vniuersall ignorauÌ„ce y t is wheÌ„ we kno nothiÌ„g at al of thos thingê which we ought to do alitil after headdith y t a iug ought to punish y e ignorauÌ„ce if a maÌ„ be to hiÌ„self cause of ignorauÌ„ce thê° ignorauÌ„ce of law doth not excuse a iuge which is bouÌ„d to kno be vertue of his office nor affectatid ignorauÌ„ce iÌ„ a maÌ„s own ê“pper dede as if a maÌ„ beiÌ„g iÌ„possessioÌ„ of any thyng do not know whether that thynge be leyde to pledge to hym or gyuen Alitigator or asutor in the lawe Ygnoraunce of lawe donoâ— excuse as sâ—enola sayde it is a fowle thynge for anoble man and coÌ„myng to his causes or to suyte not to knowe the lawe wherin he is tossed or suyde but from this degre be wont to be except women and sogeris to whom the error of the lawe is pardoned The thyrde is a probable Ygnoraunce of dede eyther of his owen or of an other mans which hath an excusacion ¶ As the syster of Iacobes wyfe was gyuen to hym and he knewe it not suche is the Ygnoraunce wherof Paule doth speke he is forgotten that knoweth not for he erreth excusably because it is a curiosyte to interrogate or aske those thynges that pertayne not to our purpose it is therfore excusable where only ygnoraunce of the faute is the cause but wher not ygnoraunce but our couetousnesis the cause of the fawte there ygnoraunce doth not excuse as dronken persons to offende c. ¶ Voluntarye offences VOluntarye offences be tho in the which both counseill is gyuen and fre wyll not voluntary offences be tho when counseyll is not adhybyt or wyll by violence is forbydden or els is ouer throwen and synneth in a thing vnpossible ¶ Not Voluntarye and vyolent ought to be vnderstond one thyng which as are stotle saith hath thâ—â— beginniÌ„g extrinsecally or outwardely wyll may cohybyt affections and many hurtes purposed wyll may prefar one before another for as true vertue is then when iudgement fre wil be adhibit so the chife degre is of delictes or fautes when a man doth offend both consultly with fre wyll Thother degres be somtyme more lyghte as when eyther wyll is impydited or iugement is not giuen froÌ„ hence doth spring .v. degâ—ê which iÌ„ fautê iniuries we must coÌ„syder the iuge deceyt open faut lyght offence lyghtest soden chaunce Dole or deceit hath no excuse open faut or blame is neibour to deceit as wheÌ„ affecrated ygnoraunce is delicted for this is not vnwyllynge but it is very malis as aristotle sayth a light faut lightest hath the more excuse for here will doth not come to do a mysse although deligence is desired yet ther is none affectated neclygence in such fautes Soden chaunce hath an excuse for nether the mynde neyther the wyll doth truly offend as adrastus goyng to kyll a wylde bore kylled cresessone or
yf a man casteth doune fro the top of an house a tile into a place where as no body is wont to be ocupied or to walke by chaunce hurteth or kylleth one That is therfore to be obseruyd y t all these degres do spryng come ether of the error of iugement or by some impediment of the wyll voluntarys be properly called those in the whiche do concure Counseyll and fre wyll many Questyons be her to be sturted and moued whether a Christian maÌ„ may laufully repel vyolence be vyolence and how he maye do it whether dyuysyon of thynges be laufull for Christian men whether it be laufull to make warre or kepe battell The Euangelyst do not abholitte economyor polacy but doth greatly approue them wherfore the vse of al thynges polyticall is graunted to Christian men with the vse of deuisyon of thynges Iudgementes battelles and suche other ¶ Whether it is lefull for priuat persons to kyll tyrantes that is cruell offecers YF a tyrane be a priuate man inuadyng the Empyre by sedycion and rather then the Empyre shuld be destroyed they whithe with laufull Magestrates do agre may pryuatly kyll hym as a thefe yf he be taken in the faute ordede that is doyng or workyng any thyng sturrynge the people or makyng assaute on any persons Thus any priuate parson laufully myght kyll Catylyne sedycyon ones sturred euen also as Fuluiê° dyd kyll his sone taken agayne after he fled away and the lawes do agre that a man may kyll his father that hath coÌ„mitted agaynst the coÌ„men wele Secondarely if a tyrane be in a magestracy auctorite or office and Cruelly and notoriusly doth iniury to the subiectes defence is graunted to them incontinently as well in priuat perell as in a besynes towchynge or pertayning to the coÌ„men wele as in the hystorye of the Heluetions magstrates coÌ„mauÌ„ded the citesyn to producke his sone and a darte to be directed to him of his father castyng it also the tribune of sogiers in the hoste of Caius Marius was killed of a yong man to whoÌ„ the tribune was doynge hurt and violence and the lawes in the pandictes do agre to kyll the consulle that was taken in adultery And in lyke case yf any be made enemyes they be laufully excused althoughe incoÌ„tiueÌ„tly thei aueuge their notorius iniuries as harpagê° accersed Cirius agaynst Astiagen who gaue to hym his Sone to beeaten ¶ Also when the Tyrane dyd commaunde Vnicencias a Certayne Cytyzen that he shoulde sende to hym his Doughter whiche to do after y e Citizen had refused the tyrane sendeth his Seruaunt who be violence brought here away in the mornyng beyng rauished and deflowryd he sendeth here agayn and cut in .ij. ¶ The father after he had delyberate the matter with his frendes sendeth the deade body beynge so cut to the senate venecius and to hym promiseth dedicion of the cyte thus the Tyrane is opressed to this Cytyzsen in a natorius iniury and so cruell at all tymes is laufull for a man to be made an enemy to a tiraunt be the lawe of the people Thyrdly yf y e iniury be not notorius ryghtly do the lerned meÌ„ in the lawe say that the not doynge of iustice of y â— magestratê ought to be tollerated suffred because the auctorite of thynges Iudged may remayne for priuat persons ought not to dyssolue the state of the coÌ„menwele nor to inuade empiers according to that sayeng he that resisteth a magestrat resisteth Gods ordenauÌ„ce wherfore Caius Cesar is not laufully kylled who because I wyll not speake of the cause of battell yet he occupied a magestracie that gyuen to hym be the lawes and coÌ„sent of the people neyther he toke awaye fro the coÌ„men wele lawes nor iudgementes he made no slaughter in the citie as other conquerours of Cyuill wars dyd neyther he dyd any notoryus or cruell iniuries to the Cytizins preuely or openly but he restored the enemys reuocated to there olde pristin dygnyte wherfore it was vnlaufull for him to be kylled for as I haue sayde before iniuries not notorius ought to be forgyuen to magestrates as Iason Phereus sayth that he which in a sume doth loke to Iustice do admit in the meane whyle many vnlaufull thynges in lyghter matters which oughte to be forgyuen to hym that defendeth the cheffest and chife parte of the Empiere conserueth the forme and shape of the commen wele Iudgementes and Lawes FOr a magestrat is as the very lawe for the lawe doth not coÌ„maunde onely of defencion of the body or thinges but it coÌ„mauÌ„deth fyrst of the glory of god and dyscyplyne as Paule sayth the lawe is ordeined to coaâ—cte a ponyshe vniust persons and blasphemors ¶ Therfore we oughte to thynke the magestrat and the lawe to be felowes one or equal and the principall fyne or coÌ„clusioÌ„ of the magestrat to be the consernuacion and keping of the lawe c. The magestrat which bereth y â— sword ought to prohibit also hereses .i. wycked vngodly techinges punishe he retykes that is auctors of euyll wycked tecahinges but in obscure thynges the cognicion of the churche goeth before thus properly the magestrat seruith the glory of god his fuÌ„ction is y â— worshyppinge of god wheÌ„ he studieth to defeÌ„d to propage ornate true lernyng coÌ„trary wese to prohibit wicked teachynges who that doth thus dothe his principall office whiche properly perteineth to the glory of God whiche properly deserueth that title wherwith magestrates be to garnysshed in the salme I sayd ye be Gods as who sayth because they haue their office deuinly constituted ordenid And they ought to gyue to men deuine thinges relygyon Iustice dyscyplyne peace and suche other ¶ And for this cause they be called of Esaias Nurses of the churche because they ought to noryshe and to defende Godly teachers ¶ And they ought not to exercyse cruelnes on Christan men nor lawes contrary to deuine or natural ought not to be obserued ¶ The Ecclesiasticall power is the deuine commaundement in teachyng the Gospell administra the Sacramentes ordaynynge the mynysters of the Gospell annuncyatynge remyssyon of Synnes to Euerye bodye or to many Constytutynge Iudgemedtes of doctrynes And those that be conuersaunt in manyfest delictes to excomunicate by the worde with out corporall strength here therfore briuely I do answere of Bonifacis constitucion that be the diuine lawe the Apostels or theyr successors haue not the sworde that is a right to coract by corporal streÌ„gth for they neyther haue ryght to occupy nor to coÌ„farre kyngdomes of the world many testimonies may be gathered heare of the Euangelyst Christ sayth my kyngdome is not of this world also the kynges of the gentyles haue dominion of them but you haue not so he diserneth heare .ij. powers He graunteth to kynges that they bere the rule and dominion he graunteth not to the apostles that they haue