⧠THE ADDICIONS OF SALEM AND BYZANCE LONDINI IN AEDIBVS THOMAE BERTHELETI REGII IMPRESSORIS ANNO DO M.D.XXXIIII ▪ Cum priuilegio The introduction BISAN I haue many tymes sith the makyng of our fyrst dialoge which is called Salem Byzāce remebred the Articles of the treatise that is called the tretise concernyng the Diuisyon betwixt the spiritualtie the tēporaltie whiche was the verye occasion of makynge of our sayd fyrst dialoge And I thynke verily that yf the abusions that be recited in the sayde treatyse and other lyke were refourmed great peace and quietnes wold shortly folowe amonge the people And therfore if thou woldest my frende Salem to encorage them that haue good zeale towarde a refourmation of suche abusions take the peyne to recyte some mo thynges that be mysused and ouer that woldest deuise some meanes howe they myght also be reformed I thynke it wolde do greatte good SALEM I shall my frende Byzance with good wyll do that in me is to accomplysshe thy desyre ¶ Of dyuers abusyons concernynge some of the seuen sacramentes and dyuers other thynges as here after foloweth The fyrste Chapytre SAL Many curates haue taken vppon them to saye that they be not bounde to minister the sacramentes to the people onles they be required and that speciallye the sacrament of extreme vnction whiche commonly is called anoyllynge And yet the truthe is that they are bounde to gyue a great diligence therto them self and specially to admonyshe theym that be aboute the sycke persone that they may haue knowledge when nede shall require And therfore if any dye without that sacrament for lacke of suche good diligence of the curate surely it is in hym a great offence 2. ¶ Also it hath ben a great default in many places that the curates wyll not synge masse nor dirige for none of their paryshens at theyr buryals no more than they wyll do for straungers that dyed within the parysshe excepte they haue money for theyr labour for sythe they haue of theyr paryshens theyr tythes offrynges and dyuers other profytes and commodities as curates customably haue Charitie wolde that they shulde burye them especially that be householders and theyr chylderne with dirige and masse freely without takynge any thynge for it but to saye masse and dirige for straungers they be not bounde therto but of their charite But yet to bury all them frely that dye within the paryshe they are bounde of duetie to do it ¶ Also it is greatte trouble and vexation to the people in many places that the sacrament of confirmation is taken fro the propre curates and is gyuen only to byshoppes For therby the people in some places be many tymes put to greatte labours and expences in gyuynge attendaunce to the bysshoppes And also many chylderne be therby in some countreyes longe vnconfyrmed and sometyme dye without it where if the curates myght confyrme theym as they myght fyrste they shulde be confyrmed with lesse labour and be in moche more greater suertie to haue the sacrament then they be nowe And sythe byshoppes haue taken that auctoritie to them selfe and no greatter consideration apperynge why they shulde do so then there dothe It myght happely cause some symple men to esteme that there is not suche necessitie in that sacrament as there is in dede For they may happely thinke that if there were the byshops wolde not put the children in suche ieoperdie to be so longe without it as they be ofte by that occasion and no greatter cause to moue them to it then they thynke there is ¶ The prohybitinge also of bysshops to graunt pardons hath letted greatly the deuocyon to pardons and the takynge of money for herynge of confessions and specially at pardons hathe also done right great hurt For there is a sayeng the mo confessions the greatter profyt Wherby it is ment that the profyte in heryng confessions is moche regarded And that hath made many tymes ryght short confessions and also as light as hasty absolutions which perauenture hath made some vnware and vnlerned persons to haue the lesse regarde to be confessed 5. ¶ And why shuld the power of absolution that was gyuen by Christe to all priestes be generally taken from them in any case and specially from curates that be admytted to be sufficiēt to haue cure of soules and be cōmytted only to byshops or to theyr deputies which deputies percase be not many tymes so sufficient as the curates be fro whome it is takē so that it semeth that the power of pristes is restrayned in that behalfe by the lawe of man without cause resonable and wolde therfore be reformed 6. ¶ Also it wolde be playnly declared where the curate may prohibite his parishens to be houseled where not And surely it semeth not to stand with charitie that if a paryshener at the tyme of his houselyng lacke money to pay his duetie that he shuld be therfore prohibit of houselynge And sure it is that great grudges haue ensued in tymes past vpon suche matters A prieste if he wyl may go to masse though he be in deedly synne and no manne can prohibite hym but if the curate onely by coniecture thynke his parysshener in deedly synne he wyll prohibite him 7. ¶ Also curious buildynges of spirituall men and the apparel therof whiche sometyme be apparelled with vaine stories stereth more theym that beholdeth it to vanitie and to a worldly loue then to any mekenes or deuotion And though it be right conuenient that byshops and other spirituall rulers haue conuenient dwellyng places after their degree yet all wolde be ordered to the honour of god and to the good example of the people ¶ Also it diminysheth the deuocion of priestes greattely in many places that there haue ben so many chapplens and seruynge priestes For they that be vniuersally conuersant amonge laye people and be bounde to obserue worldely attendaunce as lay men are can neuer haue their minde so perfitly to prayer deuotion as they that be curates or be continually resident in churches For lyke as there is a mery prouerbe in places of courte that the very walles teache the lawe and that euerye busshe in the countrey teareth away a pece so it maye be saide that the very walles of the churche teache deuotion and that worldly company driueth it awaye ageyne And whenne they be in youthe brought vp in suche worldly company it wyll be harde for them in age to sette their mynde to prayer and contemplation And surely if lay menne wolde be contented for preseruynge of deuotion in priestes to forbeare the seruyce and familyaritee of theym more then they haue done in tyme past and wolde here masse and diuine seruice whenne they myghte conueniently at their parysshe churches at the leste on holydays and when they may here none wold supply it with prayer or some other good werkes they shulde more please almyghty god therby and more shewe them selfe to honour the sacrament
then they doo nowe whan they here masses of theyr chappleyns at home ¶ Also it hath bene a great ouersighte as it semeth in the clergie that they haue made so strayte lawes of irregularite as they haue done For it is hard for any prieste to eschewe them all And thervppon it foloweth that whan they falle into suche irregularitie and can not by and by be dispensed with for there is none at hande that hathe that power then neuer the lesse bicause they shuld not be noted they yet syng masse as they dyd before And that bryngeth some priestes into suche a largenes of conscience that they be the bolder to do lykewyse in other thynges and so by contynuall custome therin can lerne to lyue quietly in an euyll conscience Wherfore it were better that irregularitie in some poyntes were clerely put away than to driue them in euery light poynt to seke for dispensations For many men thynke that such dispensations not only in that case but in many other also serue rather for gettynge of money than for increasynge of vertue 10. ¶ And there is such a lyke thyng in religion For they professe the olde rules whiche although there be also some dispensations very strayte to be kepte in these dayes bycause the people be not vniuersally so stronge now as they were at the makynge of the sayde rules And when they see the reules dayly broken afore theym as well in other as in them selfe without correction it bryngeth in to theym a quiete harte in an euyll conscience a boldenes to offende and fynally a custome in synne wherby folowe many euyll examples to the people and yet they that doo it wyl be called holy and perfite And sure it is that it were better to haue an easy rule well kept than an harde rule broken without correction 11. ¶ Also it is a thyng greatly abused that clerkes do clayme to haue as high power and as moche lybertie in theyr possessions goodes as lay men haue in theirs For the truth is that they may take of the goodes that they haue for their ministration but onely a reasonable sustentation for theym selfe and for a conuenient sustenaunce for their householde and the resydue they are bounde to distribute amonge the pore And in this poynte the lawe of the realme is ouermoche fauourable to spirituall men For it suffreth them to make theyr wylles and bequestes of theyr goodes how so euer they come to them by tythes oblacyons or otherwyse as lyberally as any laye manne maye And thoughe that be agaynste the canons yet the clergie of this realme perceyuynge howe fauourable the lawe of the realme is to theym in that poynte hath made a constitution prouinciall accordynge to the lawes of the realme that no man shall hynder or let the probation of the same And surely both the sayd lawes wold be reformed For they haue ben a right special cause as I suppose that hath made so many to gruge at the goodes possessions of the clergie as there hath done ¶ Also many priestes fynde defaulte that some prestes be in extreme necessitie and haue nothynge to releue them selfe with whiche is not as they thynke conuenient to be suffered in priestis but they regarde but lyttell the pouertie of some lay manne Our lorde was pore hym selfe and his disciples to whome priestes be successours were poore also and yet somme priestes wene that it is not conuenient for any of them to be in pouertie I beseche our lorde sende vs many that be ryche in vertue and pore in spirite and then the worldly pouerte shal be the more esely borne I haue red of some byshops that haue made suche ê“uision that no prest shuld go abeggyng within his dioces but I haue not red of any such prouision for lay men But if some prouision were made to releue the great multitude of poore men that be nowe in extreme necessite I trow fewe thinges were more necessary to be gone about And ouer that if any preste be in suche extreme pouertie as they speake of it is moste specially through the defaute of spirituall men for they haue diuised titles for priestes in suche maner that they be of none effecte in the lawes of the realme And the cause therof is for they aske not counsaylle therin of them that be lerned in the sayd lawes ne as it semeth wyll not obeye the kynges lawe in that behalfe but make them titles after the groundes of other lawes And therfore priestes many tymes were as good to be without theyr titles as to haue theym in suche maner as they haue nowe 13. ¶ Also if the moste honest and most substanciall curates and priestes in the countrey were examined what increace of vertue hath rysen by visitations and scenes as they haue bene of late vsed It wolde appere vppon that examination that lyttell or none hath folowed therby but that the clergye some lay men also appere there and pay certain dueties and then do after as they dyd before And that the moste lightest persons in all the precincte of the visitation by meanes of rewardes shal be suffred to coÌ„tinu as they were wont to do And syth the hole clergie haue submytted theym to the kynges grace It semeth that he hathe good auctoritie to examyne howe suche visitacyons be vsed and to sette theym in suche order that vertue therby maye hereafter be increased and vice repelled and putte awaye And I suppose verayly that his grace is bounde in conscience to loke specially vppon it 14. ¶ More ouer euen now of late syth the statute made in the .xxi. yere of the reygne of oure soueraygne lorde the kyng that nowe is ageynst pluralities and none resideÌ„ces is risen this policy that a priest that intendeth not to be resident or that intendeth to haue mo benefyces than the prouisyon of the statute waranteth hym to haue wyll labour to some lorde spirituall or temporall to be his chappleyne nothyng purposynge to do hym seruice and the lord lyke wise nothynge desyrynge his seruice and knowyng also the entent why he dothe it wyll accept hym to his chaplen and so wylfully defraude the statute Is this trowest thou my frende Byzance no offence in the lorde and in the chappleyne ¶ BIZAVNCE I thynke verily yes and that the offence is greatter in the chappleyne thenne in the lorde yf there be no cause reasonable why he dothe hit And thoughe hit be more offence in the chappleyne yet is hit no lyttelle offence in the lorde that so wylfullye breaketh the intent and prouision of so good a statute For the prouiso of the statute was made bicause it was thought reasonable that lordes spirituall and temporall shulde haue chappleynes to do them seruice but here no seruice is regarded And surely by suche meanes and other lyke some priestes haue many benefyces where an other good honest priest that is better worthy to haue a cure then he hath neuer one ¶ Also thoughe the people be
in prison or not he maye well examyne the truthe of the matter For truth ruleth in conscience what soo euer the order of the lawe be and therfore if the appelle in an appele of morder be founde gyltie the iudge of his owne knowelege knewe that he is not gyltie he may not gyue iugemeÌ„t agaynste hym but must rather resygne his office BIS I agree well there but I put case that the appelle in thy case be founde gyltie by false verdite the iuge by examination of wytnesse and by confessioÌ„ of the same iury also come to perfyt knowlege that the appelle is not gilty he may neuer the les in that case geue iugement and is bounde to do it for he toke the examination against the order of the law therfore he must remoue that knowlege bicause he is com to it of his owne wronge ageinst the order of the lawe euen so it is in this case The king ne yet his chanceler neither ought not to haue newli exaiÌ„ed the mater seing that it was sufficieÌ„tly tried proued before in the spiritual court therfore they must remoue put away the conscience that they haue gotten by that vnlawfull examination and beware that they doo not attempte soo farre ageynste the lawe an other tyme. SAL. Though the iudge in the sayde case of appele dyd ageynst the lawe to examyn new witnes yet it is not like to this case For in that case of appele the verdite is of recorde in the same court and it is giuen by auctorite of the same lawe that he sitteth as iuge to iuge vpon it is also tried after the order of the same law so that vpon that matter ther is no ferther trial wherfore I agre wel that he ought not to haue takeÌ„ ther any newe examination but in this case the sentence is giuen in an other court and after another lawe than the chauncellour is sette to iudge vppon For he is sette to iudge after conscience and not only after the order of the lawe spirituall nor temporall but in fewe cases and also the proces of excommunication is to punishe synne and to maynteyne vertue but what punysshement of synne and mayntenaunce of vertue is it if the kynge kepe hym that is no offender in prysone And therfore I thynke the kynge or his chauncellour may well take a newe examination in the matter and do therafter BIS I fele thy conceyte well but yet surely yf suche examination be vsed hit wyll be thoughte by many that the spirituall iurisdiction is therby greatly confounded and that the kynge and his lawes do littel in fauour of it SALEM I se well thou styckest soore to the matter and therfore to ease thy mynd somwhat therin I wyl moue the of two thynges BIS What be they SA One is this if the custome were that whan the excommunicate is in prison vppon the wrytte of Excommunicato capiendo that he shoulde be kepte styll in prison tylle he haue satisfied the churche whether he be ryghtwisely excommunicate or not were this a lawefull custome BIS I thynke naye SAL. And this pretence that thou styckest so moche vpon that there shoulde be no examination of the matter is of the same effect The secoÌ„de is if the parlyamente dyd put clerely away the wrytte of Excommunicato capiendo and lefte the matter in suche case that the ordinaries shulde iustifie al excommunicates by the censures of the churche in the beste maner they coude without any helpe of the kynge or of his lawes shulde the parlyament therby do any wronge to the keys of the churche BY. I thynke nay for the power of the clergie concernynge suche excommunications shulde neuer the les stond styll in her full strength But yet it shoulde breake a good laudable custome of the realme that was fyrst begon in fauour of the clerge of the spiritual iurisdiction SAL. thou sayste euen truth and my meanyng is not that I wolde haue that custome broken but that it shulde appere that thoughe hit were broken that yet no maÌ„ had cause to complaine as thoughe the lybertie of the churche were therby brokin or the keis violate wherfore me thinketh it more expedient for the clergie to take this matter as it is that is to saye that the kynge and his lawes be as well contente to haue suche rebelles as haue deserued punishment yet wyl not obey the keys of the church correctio as they be but yet that the kynge his lawes shoulde therfore in any case be compelled whether they wolde or not to punishe an Innocente it is not resonable thus it shuld seme to be the more indiffereÌ„t way more accordynge with iustice that the mater be examined before the king that if it appere thervpon that the partie offended not that he be deliuerid out of prison that the ordryng of the excoÌ„munication be thervpon lefte to the conscience of the byshop theÌ„ to charge the kinges conscience or his chauncellours eyther with kepynge of hym in prison And then to that thou hast said before that if such excoÌ„munications be taken that it wyl be thought by many that the kyng his lawes do litel in fauour of the spiritual iurisdiction I pray the be iuge therin thy self whether it be moch or litel that the kyng doth whaÌ„ he only vpon the certificat of the bishop taketh the ê‘tie leyeth him in prison there kepith him til he either satisfieth the church or els if he complaine that he hath wronge examineth the mater he being in prison how be it I think that the kiÌ„g in such case may if he se cause let the ê‘tie to bayl haÌ„ging the examination though the shereffe by the reson of the statute of westmÌ„ i. may not do it And nowe to our first matter If the kynge wolde iudge vppon Simony and vsury thynkest thou that he shulde offende the keys BYZANCE I thynke soo for symonye and vsurye be prohibited by the lawe of god and it belongeth to the clergi to declare what is the lawe of god and what not SA Though symonie and vsury be prohibite by the law of god yet that proueth not that princis may not therfore hold ple therof for takyng away of an other mannes goodes and also periurye be prohibyte by the lawe of god and yet princes holde plee therof and thoughe Symonye and vsurye be prohibite by the lawe of god yet it is not declared by the lawe of god what is symonie and vsery and what not And it semeth that princis takyng to them spirituall men as theyr counsailours maye doo that well ynough And if it were ordered that for symonye that the kynges courte shulde holde plee I suppose it wolde doo moche good For hit is not vnlyke but that manye offende therin and yet I here but of lyttell correction in that behalfe And therfore thoughe the kynge iudged vppon symonie and vserye I suppose he offended not