fro the coÌ„munyon of the good people / to commauÌ„de the good people also to eschewe theire company / to make absolution therof agayne c. whiche be great powers and maye do gret good if they be charytably put in executyon But if they wyll declare the seyde texte / in suche maner that they shulde therby take power fro princes which Christe lefte vnto them / or to exalte their owne power more than Christe gaue vnto them Than princes maye resyst their declaration theriÌ„ yea / ar bouÌ„d to do it / there princes ought to be iuges takyng such of the clergie vnto theÌ„ as they shall thynke conuenyent wherof vndoutedly there be righte many that wyl nat be blinded with suche worldly honour and vanyte And so it semeth that the seyd texte / Quodcumque ligaueritis c. shal be taken specyally accordiÌ„g to theffecte of the other auctorities before rehersed and nat onely accordyng to the lytterall sence of the same texte Also though some men haue sayde that our lorde gaue to his discyples both powers That is to saye Spyrituall and temperall / whan the apostles sayde vnto him Luc. xxii Lorde / here be two swerdes / And he answered That is ynough And that he shuld mean therby that he wolde that they shuld haue both powers / for if he had nat ment so / he wolde nat haue sayd of the .ii. swerdes / It is ynough But it is to moche And that therfore princes haue had sythe that tyme their temporall power of the spyrituall power To that it maye be answered / that those wordes were neuer spoken of those two powers / as the letter of the seyd gospell playnly declareth For the letter is this Our lorde a lyttel before his passyon / sayde to his discyples thus WhaÌ„ I sent you with out secke / scryppe / or shoes dyd you wante any thynge And they sayde naye Than he sayde vnto them But nowe he that hath a secke let hiÌ„ also take his scryppe And he that hath no swerde / let him sell his cote and bye a swerde / for I say to you that it behoueth that that is written of me shal be fulfylled Et cum iniquis deputatus est that is to saye he is accouÌ„ted among wyked men And than he sayd further And truly tho thinges that be written of me be nygh at an ende to be fulfylled And than they sayd / lorde / lo here be two swerdes / and he sayde vnto them / it is ynough And Lyre whiche treateth princypally vpon the lytterall sence of Scripture / sayth that tho wordes were spoken by oure lorde to instructe his discyples / that somtyme it is lawfull for a man to defende him selfe moderatly from persecutours / and that therfore the Appostelles beyng at that tyme well couraged to defende them selfe / regarged more tho wordes that our lorde spake of the swerdes / than they did eyther of their seckê or of their scripbes And therfore they answered / here be two swerdes / than he knowynge that it was the wyll of his father that he shulde suffre deth for redeÌ„ption of man sayd it is ynough As though he had sayd / those two swerdes suffyce and be ynough to defende me fro deth aswell as many thousand of swerdes shulde do / for I that accordyng to the wyl of my father wyl wylfully suffre deth for maÌ„ loke for no defeÌ„ce of swerdes This semeth to be the intente why he sayd of the two swerdes / it is ynough / nat to sygnyfye therby that thappostelles shuld haue both powers spirituall and temporal / and if it shuld be taken to be ment so it shulde nat be by a litterall sence / after Saint Augustyn and saynt Hierome / it is onely of the lytterall sence of holye scripture that a suffycient argumeÌ„t may be taken / so we thynke those wordes to bere but a small effecte any thynge to abate the power of priÌ„ces And where some meÌ„ haue sayd that the clergye haue auctorytie by the gospell to here all causes that shulde be shewed vnto them by any maner of complaynt and that that shulde appere by the wordê that our lorde sayd Math. xviii If thy brother offend the correcte him betwen him and the onely / And if he here that thou hast wone thy brother / and if he here the nat / take with the one or two wytnes / and if he here the nat than / than shewe it to the chyrche / and if he here nat the churche / lette him be to the lyke an Ethenyke and a publycan / and that in somoch that the gospell coÌ„mmaunded to shewe the offence to the chyrch / sheweth nat in what cases that it shall therfore be vnderstaÌ„de in all cases / and that bycause it is sayd / shewe it to the chyrche / that it was mente thereby that it shulde be shewed to the clergye To that it maye be answered that by that worde chyrche is nat vnderstande only the clergye / for they vndoutydly make nat the chyrche / for the hole congregation of ChristeÌ„ people maketh the chyrche And bycause the hole people of christeÌ„dom can nat be gathered togyder / so that they may haue such matters shewed vnto them all therfore it can nat be taken that our lorde ment that it shuld be shewed to al the people / for he coÌ„mauÌ„ded nothyng but that may well resonably be obserued And therfore whan it is sayd shewe it to the chyrch It is to be vnderstande therby / that it shall be shewed vnto theÌ„ that by the lawe custoÌ„e there vsed haue auctorite to correct that offeÌ„ce And therfore he that in this realme wyll gyue charytable monycyon to his neyghbour that offendeth in suche a thynge as the kynge by his lawes custome of his realme may lawfully punysshe / and he wyll nat yet amende Wherfore he sheweth it to the kynge or to his iuges / or to his iustyces of peace iÌ„ the coÌ„trey / or other offycers that after the lawe custome of the realme may reforme it He hathe therin right well fulfylled the gospell And if the offence be of such thynges as by the custom of the Realme be called spyrituall As it is of auoutry / fornycation / such other / wherof the clergy maye holde ple. And thervpon bycause the partye that he hath gyuen monicyoÌ„ to / according to the gospel / wyll nat amende / he sheweth it to the ordynary or to his offycers We thynke that he hath also right wel obserued the gospell But to saye that the seyd wordes Dic ecclesie shulde take any power fro princes that they had at the commynge of Christ / or that they haue had syth that tyme by the lawes customes of theire realmes and countreys We thinke that the seyde wordes do nothynge amount vnto it And furthermore it shulde seme to make a repugnauncy in scripture If it coulde be proued that our lorde gaue
that who so euer had any variaunce and wolde put it in iugement of the bysshops / that anon without doutyng it shuld be sent to the iugement of the bysshoppes yet that graunt is of none auctoritye in this realme for the kinges grace here knoweth no superiour vnder god And therfore for hiÌ„ lyeth no appeale And ouer that / if the kiÌ„ges grace made such a grauÌ„te to his bysshops in this realme / that they might holde ple of Temporall thynges / the graunte were voyde for it were agaynst his lawes And furthermore we knowe no auctorite to proue that the seyde Emperours made the seyd grauÌ„t confyrmacoÌ„n but onely the recytall of the seyde lawe made ex de iudicus Ca nouit And that semeth nat suffycient to bynde the Emperoures / ne their successours / onles their assent could be proued by other suffyciente matters of recorde The .viii. reason ALso it is sayde Deutro xvii If any thynge be harde and doutfull to the bytwext blode and blode / cause and cause / leprye and leprye / thou seest the iugemeÌ„t variant bytwext the persones / thou shalt come to the prestes of the Leuytycall kynde to the iudge that shal be that tyme / which shall shewe the the truth of the iugement / and thou shalte do what so euer they that be there in the place that our lord hath chosen saye / and thou shalt folowe their sentence / and than they saye that syth prestes in the newe law be of no lese auctorytie and power thaÌ„ preestes of the olde lawe were c. that they ought to haue no lese auctorytye and power than the other hade / but rather more An answere to this .viii. reason ¶ It is no dout but that the offyce and ministracyon of the prestes of the newe lawe are more notable more worthy than the offyce or ministracyon of the prestê of the old law were For they were iÌ„ a derknesse these in the lyght They in fygure / these in truth of the thinge fygured And therfore for the highnes of their auctoritye in spuÌ„all spirituall thynges / the iugement orderynge of temporall thinges is the more vnconuenyente for them And for that cause it was that the apostels sayd Act. vi It is nat mete for vs to leue the worde of god and minyster to the tables And sith the appostles thought that the ministracyon to the tables / thoughe it were a right charitable dede / was vnmete for their offyce which stode specyally in preachyng and teching and in prayer and contemplacyon / and other ghostly counseyls and ministracyons to the people How far vnmete is it thaÌ„ to their successours to take vpon them as it were a dede of highe ê‘fectyon / to iuge betwixt cause and cause / tytle and tytle / as well of landes tenementes / as of goodes and catales yea and somtyme of thynges concernynge the lyfe of man Therfore the same reason that is made to proue that bycause the auctorytie and power of prestes in the newe lawe / is no lesse thaÌ„ the auctorite and power of the prestes of the olde law was / that therfore they shulde haue as moch auctorite to iuge betwyxte blode and blode / cause and cause / leprie and leprie as the other had / maketh right strongly agaynst theÌ„ And further it is to be noted that in the seid texte of Deu. xvii It is nat sayde onely that the partye shall come to the prestes of the leuytycall kynde / but that he shall come also to the iudge that shall be that tyme / but whether that iudge muste be of the leuytycall kynde or nat it doth nat appere c. ⧠The .ix. reason ALso in this mater in hath beÌ„ sayde / that Emperours at the begynnynge had some right in the Empyre / but for their siÌ„ne that they dyd agaynst holy sayntes / and that specyally agaiÌ„ste the high bysshops they were depryued of the right of the Empyre / and that the right therof was translated vnto the church / for he deserueth to lese his priuilege that abuseth the power to him coÌ„mitted xi q. iii. Ca. priuilegium An answere to the .ix. reason ¶ Emperours had tytle to the Empyre of the immediat gyfte and ordynaunce of god long tyme before the comynge of Christ / and it appereth nat that euer Christe toke that power from them And though soÌ„e of them mysdemeaned themselfe agaynst holy sayntes / and that specyally against the high bisshoppes Yet why they / or their successoures shulde therfore lese the right of the Empier which was gyuen to them of god There is no reason / for though some of theÌ„ were euyll / the successoures might be good as vndoutedly many of theym haue ben And some tyme an euyll man is suffered of god / for the proufe of good men / ouer that admytte that they wer worthy to be depriued for their offences fro the right of the Empier Yet why that right shulde be translated to the churche / it wyll be harde to proue it by reason For as for to the lawe that is aleyed for the proufe therof that is to say .xi. q. iii. Ca. PriuilegiuÌ„ That he deserueth to lese his priuilege that abuseth the power to him coÌ„mytted / proueth nothynge that it shulde be translated to the churche / takiÌ„ge by that terme church / the bysshops and clergye For it is no dout but that the emperours receyued nat the emprye of the Clergye / wherfore it semeth that that reason is but of lytell streÌ„gth to proue that both powers / that is to say spuÌ„al and teÌ„peral shulde be in the clergy ⧠The tenth reason ALso it is sayde Psal lxxi Deus iudicium tuum regida et iusticiam tuaÌ„ filio regis iudicare populum tuuÌ„ in iusticia et pauperes tuos in iudicio That is to saye / O lorde god gyue thy iugement to a kynge / and thy iustyce to the sonne of a kynge to iuge thy peple in iustyce / and thy poore folke in iugemeÌ„t And thaÌ„ this reason hath ben made thervpon / that these wordes were spoken lytterally of christ as they were in dede / as a prayer that the father of heuen wolde gyue his iugement iustyce to Christ And they saye as the trouth is / that that power was fulfylled iÌ„ Christ as it appereth Ioh. v. Where it is sayd Pater omne iudicium dedit filio The father hath gyuen all the iugement to his sonne And also christe sayth himself Mat. xxviii All power is gyuen to me in heuen and in erth And than this reason is made further That that power that christe had he neuer gaue to emperours or kynges / but to his discyples / whan he sayd to them QuodcuÌ„que liga c Wherfore bothe powers spuÌ„all spirituall and teÌ„porall syth the tyme of christe hath ben in his appostels and discyples / and in their successours An answer to this tenth reason ¶ It is no dout
all goodes be iÌ„ whose handê soeuer they come And so the parliament hath full power to ordre them / so that the lawe of god be nat broken by their ordre And it is nat to thynke that the kiÌ„ge and his lordes spyrituall teÌ„porall and the comeÌ„s that were at that parliament wolde haue ben so farre ouer seen / to haue made a statute againste the lawe of god / and if it be sayde that the tenthe parte amonge the Iewes in the olde lawe / was a lawe of god / that therfore it ought to be obserued / among cristen men as other morall lawes be Yt may be answered / that payeng of the tenth parte for tythes is no morall lawe / and therfore it cessed whan the passyon of Christe was fully preched knowen amoÌ„ge the people as other Iudicyalles and Ceremonialles dyd And therfore if it were prohibyted / that it shulde nat herafter be lawfull for any man / to saye that the sayde statute is agaynst the lawe of god It is very like that it shuld cause great quyetnes herafter betwene the Curattes and their parysshons in many places in this realme ♣ The .ii. question the fyth cha wHether the Iuges in spryrituall courtes be bounde in any case to take knowlege of the kynges lawes / and to iuge therafter or nat The fyfth chapiter ¶ An answere to the seconde question IF any questyon or doute ryse in the spuÌ„all spirituall courte concerniÌ„g the ryght or possessyon of any teÌ„poral thyng / wherof they in the spyrytuall courte / after the custome of the realme maye holde ple. The iuges there are bounde to iudge the right to him that hathe right by the kynges lawes As if a man haue two sonnes / one borne before espousels / and another after and he bequeth to his sonne and heyre an hundreth pounde / they in the spyrituall courte are bounde to iuge the hundreth pouÌ„de to him that is heyre by the lawes of the realme Also if a man haue a porcyon of tythes in another parysshe / so longe tyme that it maketh a prescryption in the spyrytuall courte / but nat in the lawes of the realme He hath no ryght to that porcyon for lyke as a lawe made by the Clergye / that one curate shulde haue a porcyon of tythes in another parysshe were voyde So is a prescription voide that is grouÌ„ded onely by the lawe made by the Clergye / agaynst the prescryptioÌ„s of the law of the realme And in the lawe of the realme there is no lesse prescryption / thaÌ„ fro the tyme wherof no mynde of man renneth to the contrarie Also if a man by his wyll byqueth certayne money or goodes to a monke / that by quest is voyde in the lawes of the realme And so they in the spyrituall courte oughte to iudge it ♣ The .iii. questyon the syxt cha WHether it be agaynste the lawe of god to arraigne prestes before laye meÌ„ or nat The .vi. cha ¶ An answere to the .iii. question AS to the very auncyeÌ„t grouÌ„des of the comeÌ„ lawe of this realme prestes shulde be put to answere before the kiÌ„ges iustyces as well in actions real and personall / As iÌ„ felonyes murdrers treasons / as farforth as any laye men shulde be Neuerthelesse / by a contynuall pretence that the clergy haue made that it is agaynste the lawe of god that clerkê shulde be put to answere before laye men / or their bodyes arested They haue hadde great fauoure in suche thinges / more than laye men haue had Howbeit whaÌ„ they haue had such fauour / they haue natte taken it as a fauoure of the kynge or his lawes but as a thiÌ„ge whiche they ought of right to haue by the lawe of god And thervpon they haue at many parliameÌ„tes made pretence to haue more lybertie in that behalfe than the comen lawe custome of the realme hathe gyuen them / and more than laye men haue had And to cause the matter more playnly to appere I shall recyte soÌ„e statutes that haue been made in dyuers parlyamentes in tyme past / coÌ„cernynge the pretence of the clergye therin Fyrst in the statute of Marlebrygge in the .lii. yere of kynge Henry the thyrde It is inactyd thus If a clerke be arrested for any offence belongyng to the crowne and after by the kynges coÌ„maundemente he is let to bayll or is repleuied So that they to whom he is taken to vayle shall haue hym before the kynges iustyce c. That they to whoÌ„ he is taken in bayle / nor his other pledges shall nat frotheÌ„sforth be amercyed / if they haue his body before the iustyce though he wyl nat or maye nat answere before theym / for the priuylege that he is a clerke / by which statue it appereth that before that statute clerkes were arrested for offeÌ„ces agaynst the crowne and it appereth also that clerkes clamed their priuyleges than / as they do nowe / but the Statute doth nat afferme or alowe that they oughte to haue it For the statute was nat made to that entente / but it was made onely for the indempnytie of the pledges / that though the clerkes in such case wolde nat answer for trust of their sayd priuylege / that yet the pledges shulde bere no losse therby as some men take it that they shuld haue done by the lawe / but the priuylege of clerkes was lefte in dout as it was before And prestes were put to answere before the kynges iustyce after that statute as they were before / and so contynued the varyaunce / vntyll the treatyce of Articuli cleri was made / which as it is sayde is a statute / and was made in the .ix. yere of Kynge Edwarde the .ii. at whiche tyme the Clergye made many artycles of certayn grefes done / as they sayd to the church of Englande / wherby is vnderstande the clergye of Englande wherof one was that though a clerke ought nat as they sayde to be iuged before a seculer iudge / ne any thynge to be done agaiÌ„ste him wherby he might come to the parell of deth Neuerthelesse / they sayde that seculer Iuges make clerkes that fle to churches and there knowlege their offences to abiure the realme / and admitte the abiuratioÌ„s for that cause / though thei be nat their iuges thervpon And so sayde they that there was gyuen to laye men an indyrecte power to punysshe clerkes if they come into the realme agayne To this coÌ„plainte the seyde treatise answereth thus / sayth A clerke fleeng to the church for felony / to haue the defence of the church / if he afferme him selfe to be a clerke shall nat be compelled to abiure the realme / but yeldynge hiÌ„selfe to the lawe of the realme he shall enioye the lybertie of the church / after the laudable custome of the realme vsed iÌ„ tyme past And it semeth that by this worde Clericus in the sayd treatyse is vnderstande only a Clerke that
vnderstande generally the vnlawfull takynge awaye of our neighbours goodes It appereth that whan he speke the seid wordes / Luc. vi that his meanīge was nat that it shulde be laufull to take away the goodes of his neyghbours / ne that he that they were taken fro ought nat by iustyce to aske them agayne But rather that his wordes shulde gyue occasyon to him that the goodes were taken fro / to prepare himselfe to suffre the wronge as in his herte / and to do nomore for the reuengynge of the seyde wrongfull takynge than shulde be expedyent to reforme him that dyd the wronge / and to feare other that they shulde nat do lyke offence And to that intente charitye wyll that the owner shall aske his goodes agayne Also whan oure lorde sayde to his Apostles Luce. xxii Iudas than beyng one of the apostles I haue ordeyned to you as my father hathe ordeyned to me / the kyngdom of heuen / that ye shall sytte vpon my table in my kyngdome / iugynge the twelue Trybes of Israell And it can nat be taken that our lorde mente that the kyngdome of heuen was ordeyned to Iudas For Iohn̄ .xvii. He called hī the sōne of perdicyon / and therfore the wordes that oure lorde spake in that texte / were to be vnderstande of Matthias thappostell whō oure lorde knewe shulde be chosen in the place of Iudas / and he that taketh those wordes to be vnderstande of Iudas / as well as of anye other of the apostles is farre deceyued Also the same text what soeuer ye binde c. to one intent / is construed accordynge to th entent of the maker / that is to say of oure mayster Christe / nat onely accordyng to his wordes for his intent was that suche auctoritie as he wold his disciples shuld haue therby shulde go to their successours to the ende of the worlde / and yet his wordes streche onely to the apostels selfe But for asmoche as he came to make a lawe Testamente that shulde contynue to the ende of the worlde It is conueniēt to thynke that his wordes shall be taken accordynge / for if his wordes shuld be taken to streche only to his dyscyples / than by their dethe / his wordes had ben determyned / and that had ben a thynge of a small effecte / for commynge so farre as he came / and for sufferyng so gret payne as he suffered It is no doubte therfore but that his wordes in that behalfe shall be taken to streche to their successours / and than syth his entent shal be construed more largely than his wordes streche vnto as to the contynuaunce of their auctorite / why than shall nat his intent be construed more strayte than his wordes sounde vnto / for declaryng what auctorite he wolde his discyples shulde haue especyally concernynge the power of princes / seynge that he hath declared his intent him selfe / as it shall appere hereafter that he hath done / for declaration wherof it is to be considered that there be dyuers auctorityes of Scripture / wherby it appereth that oure lorde neuer intended by his commyng in to this world to take any power fro princes / but that they shulde haue lyke power ouer their subiettes after his commyng as they hadde before and that may appere thus He sayd Luce. xx Reddite que sunt Cesaris Cesari Et que sunt dei / deo That is to say / gyue ye to the Emperoure that is his / and to god that is his And he also payde to the Emperour tribute and what power entēded he to take fro the Emperour that payd him trybute / he also refused to deuyde the inheritaūce betwyxt the .ii brethern / sayeng to them / who hath ordeyned me to be deuyder betwyxt you Math. xxii As if he had sayd though I haue power to do it yet I am nat come to execute the power / but go ye to the Emperours lawes that be ordeyned for it / he sayd also Io. xviii Regnum meum non est de hoc mundo That is to say / my kyngedome is nat of this worlde / as who sayth though I be a kynge / and that the grettest kynge that euer was / and myght take all power frō kynges and princes if I wolde / yet I come nat to execute that power / Christe also refused to be a kynge / and so by all his dedes he shewed playnly that he came nat to be a kīg ne to take away any power fro prīces that lyued in pouertye hī self / so farre vnlyke to princes / syth euery dede of Christ is an instruction to euery christen man It must nedes be so most specyally to his apostels before all other to īstructe them that they shall do as Christ dydde And furthermore to proue that the meanyng of Christ was nat that his appostels discyples shulde take anye power fro prīces by any thyng that he had spoken to thē of before He sayd to his appostles after his resurrection thus Accipite spiritum sanctū sicut misit me pater et ego mitto vos Ioh. xx Take ye the holygost as my fader hath sent me / I sende you And certayne it is that the very intente / why Christ was sente by his father into the worlde nexte to oure redēption / was to teche preche the truth / and to fulfyll the wyll of his father in mekenesse / pacyence / sufferaunce / such other / and to enduce the peple through his example and doctryne / to dispyse this worlde / to desyre the worlde to come And to the same intente Christ sente his appostles / as appereth by the seyde wordes / nat to be lyke prīces or to take power fro princes / but onely to order thynges concernynge their ministracōn / as to appoint in what bred and wyne the sacrament of the auter shal be cōsecrated such other Also it appereth Act. xiii that the holyghost appered to the ministers at Antioche as they were ministrīg to our lorde / and dilygent in fastīg And commaunded theym to sende Saule and Barnabe / into a worke that he had appoynted them to And it appereth in the same chapiter that the worke that he appoīted thē to / was to preche Ihesu the sonne of Dauid to be the sauiour of the world / how he was gyltlesse put to dethe buryed / and rose agayne the thirde daye And who can thinke but that their successoures were sente to the same purpose as they were / and nat to take vpon them many powers auctorities that many of them haue vsed in tyme past And if it be asked to what intente Christe than speke those wordes Quodcumque ligaueritis c. If he ment nat that his disciples shulde therby haue power to make lawes to ordre the people / for he speke nothing without cause It maye be answered that he gaue them auctoritie therby / to seperate euyll men for their offences /
And of .iiii. of the most dyscrete brethern of the sayd coueÌ„t Yet neuertheles / the statute is that it shal be put into the kepyng of the sayd foure brethern vnder the priuate seale of the Abbot / and so the wordes that folow after in the statute / that is to say / so that the Abbot or Prior of the house may in no wyse make a contracte or obligacyon by him selfe / be voyed and of none effecte / for natwithstandynge that the comen Seale be in the kepyng of the foure brethern vnto the priuate seale of Abbot Yet may the Abbot make a contracte or obligacyon / as well as he might haue done before the makynge of the seyde statute And so the vncertainte therof is one cause why it hath nat ben put in executyon Ther be also dyuers other statutê / whrein the miÌ„de and intente of the makers / were nat so playnly declared / that the iuges after the ordre of the lawe might iuge vpon them / tyll they were more plainly declared and interpreted by parlyament For none maye interpretate a statute but the parlyament onely And one of the statutes that were in themselfe vncertayn for the Iuges to iuge vpoÌ„ is this It was inacted in the seuenth yere of kynge Rycharde the seconde the .xv. chap That no man shulde cary / armour corne / vytayll / nor other refresshement into any party of Skotlande on payne of forfeyture c. And for bycause Berwicke which is in skot laÌ„de was nat excepted iÌ„ the statute though it were than as it is nowe in the Kynges handes yet it was thought that the goodes caried thy ther were forfeyt And the Iudges wolde nat take vpon them to enterprete the statute otherwyse than the expresse wordê of the statute warraÌ„ted theÌ„ to do Wherfore in the .xv. yere of his reygne it was declared by ê‘lyament That it was nat th entent of the seyde fyrste statute / that they that caryed anye vytayles to Berwycke shuld ronne therfore iÌ„to any penaltie of that fyrst statute Also a statute was made in the .viii. yere of kynge HeÌ„ry the .vi. wherby it was ordeyned that the chusers of the knightê of the parlyamente shulde be of the same countye / haue landes to the yerely value of .xl. shyllynges ouer the reprises But the statute sayd nat expresly that the chusers shulde haue laÌ„des to the yerely value of .xl shyllynges within the same shyre / wherfore som men were of an oppynyon / that if he dwelled in the same shyre and had .xl. shillynges yerely in another shyre that it sufficed / and some other thought the contrary And that lyke as the entente of the makers of the seyde Statute was that suche an elysour shulde dwell within the same shyte / that their intente was that he shulde also haue landes within the same shyre And finally the matter was shewed in the parlyament in the tenth yere of kynge Henry the syxte / where it was inacted That euery chewser of the knyghtes of the parlyamente shulde haue .xl. shillingê of freholde within the same shyere And so we thynke that one cause why the seide statute of Carleole was natte putte in executyon / was the vncertayntie of the wordes of the statute And therfore / if it were yet declared and made more certayne / we thynke it were a right good dede Another cause why the seyde statute was nat put in executyon / we suppose to be this That is to saye / that abbottes and other spiritual meÌ„ in tho dayes pretended that it was nat in the power of the parlyament to ordre such spyrituall matters / as they thought the kepynge of the comen seales in spyrituall houses was / that therfore / they were vnder the pretence of a more clere way in consyence encouraged the iuges to suffre the seyd statute to lye vnexecuted / and what so euer the occasyon therof was / the truth is / that the seyde statute was neuer yet put in execucyon But if the statute were playnly declared put in execucyon herafter it shulde seme to be a right expedyente acte / for the well ordringe of many relygyouse howses within this realme ¶ The .xi. questyoÌ„ The .xiiii. cha IF a man be accursed for dysobeyenge of any of the constytucyons prouyncyall or decres that be agaynste the kynges lawes and his prerogatyue / what daunger he renneth in by that excomunicacion The .xiiii. chapiter ¶ An answere to the .xi. questyon IF a man be accursed for dysobeynge of any of the constitucyons prouyncyall or decres / that be agaynste the kynges lawes and his prerogatyue / or for anye cause wherof the sute parteyneth to the kiÌ„ges courte / the excommunicacyon is nat suffycyente in the lawes of the realme / ne a significauit lyeth nat in suche case if the truth of the matter appere to the kynge / and if the bysshoppe certifye the excommunicatyon to the kynge / and sheweth nat the case therof And therupon the excoÌ„municate is taken by a significauit put in prison / than he by his frendes sheweth the matter before the kyng in his Chauncery / the partye oughte therupon to be delyuered out of prison And if the bysshoppe wyll in nowyse assoyle him whan he is delyuered out of the prison he offendeth agaynst the kynge and his lawes right greuously for denyenge the absolucyon ¶ The .xii. question / The .xv. cha WHether the kynges Courte be put out of iurisdictyon for tythes by the lawe of god or by custoÌ„e of the realme The .xv. chapiter ¶ An answere to the .xii. question THe people be bounde by the lawe of reason and also by the lawe of god to gyue vnto theyr spirituall mynysters a suffycyente portion of their goodes to sustayne them with But that the spirituall mynysters shulde haue the .x. parte in the name of the reasonable porcion is onely by the lawe of man and by a custome of the realme And therfore if that .x. parte were nat suffycyent in any place for a reasonable sustentacion of the spirituall mynistres the people were bounde to gyue them more And yf it be to much and ouer greuous to the people / the parliament may moderate it But than though a reasonable porcyon be due to the spirituall mynystres by the law of god as is sayd before yet that the sute shal be takeÌ„ for that reasonable porcyon in the spirituall courte yf it be denyed is only grouÌ„ dyd vpon a fauour that the kyngê of this realme and the hole realme haue in tyme paste borne vnto the clergye / for though the porcyon be due by lawe of god yet it were no thynge agaynste the lawe of god though the sute for the porcyon shulde be takeÌ„ in the kynges courte And paraueÌ„ture it were the more indifferent wey if it were so / for nowe they be both iudges and partyes / but as for the tenth parte it is much more stronger that the sute myght be taken in
the kynges courte with out offendyng the lawe of god and so we thynke that the kyngê courtê be put out of iurysdyccioÌ„ for tythes by a custome of the realme and nat by the immediat power of the lawe of god And that it is so / it maye more playnly appere thus / longe after that the kynges courtes of his Benche and Comen place / and also other inferiall courtes were put out of iurisdiccyon for tythes Yet neuertheles writtes of Scire facias were comenly sued in the Chauncerye for tythes / and the defendauntes were ther vpon put to answere / wherfore at the petycion of the clergy / and in coÌ„syderation of a dysme that the clergye grauÌ„ted to the kynge it was enacted in the parliament holden at westmÌ„ in the .xviii. yere of kynge Edward the .iii. the laste Chapiter that such writtê of Scire facias shulde nat fro thensforthe be graunted for tythes / that the proces than depending vpon such writtes shulde be voyde / and that the ê‘tyes shulde be dysmyssed afore seculer iudges of suche maner of plees / sauinge to the kynge suche right as he his auncestours haue had / and of reason ought to haue / And by reason of this statute no sute maye be taken in the Chauncery for tythes / but onely by the kynges patentes / and therfore yf it were ordeyned by parlyament that the sutes for tythes shuld here after be taken in the kynges courte The parlyament ought to be obeyed therin / aswel by spirituall men as by teÌ„porall How be it we wyll nat fully afferme that it were good so to haue it ordered / for as longe as the spirituall iurisdyction wyll ordre the sutes therof there accordyng to right and good indyfferencye / it is sufferable that the sutes be taken there for tythes herafter as they haue ben in tymes paste But if they vse them selfe in such percyall maner / that the peple haue iust cause to complayne of the parcyalyte / thaÌ„ shall the parlyameÌ„t be bounde in conscyence to loke dylygently on the matter and to see it reformed Also it is only by the custome of the realme / that dyuers thiÌ„ges be tryed by the spyrituall court and nat by the kynges lawes as it is of this Issue He is a monke professed or nat professed / dereyned or nat dereygned / admytted and instituted or nat admytted / able or nat able / Bygamus or nat Bygamus / playne or nat playne All these Issues and many other may somtyme be tryed by the ordynary / but â—arte alway for if such maters be pleded in abatemente of the writte / or that such matters be aledged iÌ„ them that be straungers to the ple or if disabylyte be aleyed in one that is deed or if the ordynarye certifye that he in whom professyon is aleyed / is exeÌ„pted from his iurisdyction It shall be tryed euyn as the lawe is nowe / by the kinges lawes And tf it were enacted that it shulde be so in al cases / the lawe af god were nothynge offended therby Howbeit we saye nat this to thentente it shulde be so enacted / but that we thynke it conuenyent that the clergy shuld know that they haue that power by the fauour of the kyng and of his realme by reason of a specyall trust and coÌ„fydence that the kynges of this realme / and the hole realme haue had in the ordynaryes in tyme past But if they mysordre them selfe therin / and refuse to obeye the kynges lawes / or clayme that power onely by the lawes of god / so that it maye in no wyse be taken fro them / where it is natte so in dede Than as it semeth good charite wolde that to gyue theÌ„ the more occasyon of mekenes / that they shulde knowe the power of the kynge and of his parlyameÌ„t therin And it is no dout but that the parlyament maye with a cause take that power fro them / and might also haue done lykewyse before it was recognysed by the parlyameÌ„t / and by the clergye that the kynge was the heed of the church of Englande / for he was so before that recongnicion was made as all other cristen princes be in theire owne realmes ouer all their Subiectes spirituall and temporall ¶ The .xiii. question the .xvi. cha WHether the determinatioÌ„s vpoÌ„ certayn artycles here after folowyng and that be recyted in the summes called SuÌ„ma angelica Summa rosella / stande with the lawes of the realme or nat And if nat whether any hurte maye come by them if they be suffred to contynewe any lengre or nat The .xvi. chapiter ¶ If a seculer Iuge be neclygente in doynge of Iustyce / whether a spirytual iuge may compell him to do iustyce / or to supply his rome here the cause it is said there that he may SuÌ„ma Ro. Iudex .ii. para iiii Whether the goodes of them that minister the goodes of the churche be bounde for the churche goodes And if suche ministers doo pledge their goodê for necessyty to another whether the goodes pledged stande charged And it is sayde there that they do Ro. pignus para ii in priÌ„ Whether relygyouse persoÌ„s shall succede to their auncestours And it is answered that they shall excepte freres minours Ros religio iiii Para. xiiii Whether any gyfte betwene the husbaÌ„de and the wyfe may be good And it is sayd yea whaÌ„ the husbaÌ„d gyueth it causa remuÌ„eracionis ro in the tytle donatio i. Para. xxxii If a man do treason whether the gyfte of goodes after the treason before atteyndre be good Summa an in the tytle donacio i Para. xii And it semeth there naye And loke SuÌ„ an iÌ„ the title alienatio pa. xxiiii If a man make a wyll and enter into religton / whether he may after reuoke the wyll And it is sayd that Freres Mynours maye nat and other may SuÌ„ Ro. in the tytle donacio i. Para. xxxv in fine Whether all that is bought with the money of the church be the churches And it is answered ye Sum. Ro. in the tytle Ecclia i. Para. vii Whether the bysshops palayes be sent wary And it is answered yes Sum. Ro. iÌ„ the tytle Emunitatas .ii. Para. xxiiii Whether the dignite of a bisshop or presthod discharge bondage and it is sayd yes / but it is agreed that they ought nat to be receyued therto c. SuÌ„ Ro. in the tytle EpÌ„us in principio Whether a clerke be bouÌ„de to pay any imposicions or tallages for his patrymony or otherwyse SuÌ„ Ro. in the tytle excoÌ„municacio octaua pa. iiii v. et vi et diuisione nona Para. i. If it were ordeyned by statute that if a man sell c. that he shall giue to the kynge .ii. pence whether a clerke be bouÌ„de if he sell of his prebende And it is sayde nay Sum. Ro. in the tytle excoÌ„municacio i. diuisione nona Para. iii. If it be ordeyned by statute that there shall nat be layde