It is recyted / that all they be acursed that do maliciously presume to take away fro chirches their right or through malyce / or contrarye to iustyce do intende to breake or distourbe the lybertyes of the same / and than there vpon the makers of the said lawe say farther thus / wherby saye they / we perceyue all them to be tyed in the daunger and in the bonde of excomunicacyon / that obtayne letters fro any laye courte to let or hynder the ê“ces of spirytuall iugê in all suche causes as hy the verdicte of holy Cannons be knowen to appartayne to the iuges of the spiritual court / and the sayde letters are to be vnderstande as it semeth of the kinges prohibycions And who can haue knowlege what parteyneth to the spirytuall courte by the Canons / whiche be so many so great in nombre that fewe canne come to the knowlege of them And these lawes be so vncertayne that it wyll be harde for anye man / to knowe whether he be in the danger of them or nat / And where ignoraunce shall excuse hym that is so accursed / and where nat it is a right great doute / and such thynges as touche the people so nygh as such excomunicatyons doo / wold be brought as nigh as reason could dryue it in to a more clere knowledge / than thei be yet as me semeth ¶ The .xvi. chapiter IT is the lawe of this Realme / that if a man recouer his presentemeÌ„t in a Quare impedit / In the Kynges courte agaynste a nother that claymeth the patronage And a gaynst his incumbent / that the playntyffe shall haue a writte to the bisshop to admytte his clerke / whether the incumbent of the disturbour be admytted before the writ come or nat vpon the payne of a Quare non amisit / and of making of a fyne to the kiÌ„ge And if the deffendauÌ„tes might haue pledyd plenartye / and dyd nat / they loste the aduauntage of it and the clerke muste be remoued And yet it semeth that there is a constitucyon made to the contrary therof in the thirde boke / and in the tytle of patronage / whiche begynneth Whan one optaineth in the kinges lawe c. For it is sayde there / that if suche a writte come to the bisshoppe / and the benifyce be nat voyd / that the prelate for his excuse shall shewe vnto the kynge or his Iustices / that by cause such benifyce is nat voyde that he caÌ„ nat fulfyll the kinges coÌ„maundemeÌ„t And certayne it is that / that is no excuse in the lawes of the realme And than the sayde Decree somwhat to saue the tytle of the Playntyfe / as it thynketh / gothe further and saythe that it shal be lefull to the patrone in that case to present the possessoure agayne / that by that meanes / the title of the patroÌ„ that hath optayned / may be declared more playnly after But howe can the patron present the same possessour agayne / if he may nat be remoued / as the seyde constytucyon preteÌ„deth that he may nat And therfore if he shulde present him agayne / it shulde be rather a confyrmatyon of his first presentment / and a hurte to his owne tytle / than anye furtheraunce of it / for the possessour shulde haue the benifyce styll by the first presentmente / and nat by the presentmeÌ„t of the patrone / so at the nexte tyme of auoydance / the same dysturbour shulde by reason of that presentment present agayne And of that it shulde folowe also / that if a dysturboure coulde fynde the meanes that his encombent shulde be admytted / that he shulde nat be remoued durynge his lyfe / though the right patrone recouered after in the kynges courte / and that were clerely agaynst iustyce / therfore the ordinary in that case is bounde by the lawes of the realme / vpon his ieopardye / to amoue the clerke of the disturbour / as is sayde before But if the churche be full of the presentment of an other patrone / than of hym that the Quare impedit is brought agaynst Or if the ordynary haue presented by laps / where he is nat named in the action as a disturbour / than he may laufully laye tho causes for his excuse / But for the plenartie of the same encumbent / agaynst whom the accyon is brought he can make no excuse / and there is another decree in the thyrde boke of lyke effecte / as the sayd fyrste decree is it begynneth Esurientes auaricie c. Wherin ther be some thynges dyrectely agaynst the writtes of Quare impedit / quare non admisit / as to the reder wyll appere And it semeth that it is nat good / that suche lawes shulde be suffred to staÌ„de that be so dyrectly agaynste the lawes of the Realme / seyng that it perteyneth to the kynge and his lawes to ordre the right of all presentementes with in this Realme The .xvii. chapiter IT is an olde law custome of this Realme that if a felon or a murderer flee to a church aske sentwary there that he shall haue it / and that than he shall remayne ther fourtie dayes / and no man to be prohibit for those fortye dayes to bryng him mete drinke but aft the fortie daies meat and drynke shall be prohibyte him / tyll he wyll yelde him self to the kynges lawes And he that thaÌ„ wyll brynge him any meat or drinke offendeth the lawe / and in the mean tyme whyle he is so in sentwary it is laufull for the to wnship where he is to set sure watche and kepynge aboute him that he shall nat escape / lest they shuld be punisshed against the kinge for the escape And yet in a constitucyon prouincyall / that is in the thyrd boke / in the tytle of the churches lybertie And begynneth Porro et infra Amonge other thinges / it is decreed / that none shall be set to watch them that take the church or the churche yearde for sentwary / and if there be / that as well the kepers / as they that set them there / shall be dryuen away in forme of lawe by the sentence of excommunicacyon And the coÌ„stitucion is further / that the churche shall defende them / whom the Canons only commaunde to be defended And all this Constitucyon is voyed bycause they that made it hadde no power to make it / for it was made vpon this pretence / that such sentwary is grauÌ„ted to churches by the lawes Canon / where in dede it is grauÌ„ted by the kinges progenytours / and the lawes of his realme / in fauour and honour of churches / and therfore it hath apperteyned alwayes to the kinges lawes to determine in what case a man shal haue sentwary in a church in what nat / and how he shal be ordered whaÌ„ he is there / howe long he shall tary there / and if he wyll abiure howe he shall be ordered
of persones / be layde in pryson And if they can nat be founde / that than they be banisshed the realme / wherbi is meÌ„t / that they be outlawed And it is sayd there that therin the lybertie of the church is confouÌ„ded broken / whan a clerke is iuged of a laye iuge / and it is therfor decreed / that if the clerkê that be so takeÌ„ be knoweÌ„ be honest / that thaÌ„ as well the takers as the wtholders of them shal be declared excoÌ„itate / and the landes of the takers and retayners of them to be enterdit tyll they be delyuered / and conuenient satisfaction and amendes made / but it is here to be noted / that the constitution coÌ„sydereth nat / that it is as law full for iuges to here the complaynte agaynst them that be innocent / as agaynste theym that be gyltie / tyll the matter be tryed And therfore if the complaynte be made of such matters as they ought nat for to be delyuered to their ordinaries in / if they were gyltie / than the ordynaries may nat complayne / though they be nat delyuered where they be nat gyltie tyll the matter be tryed / for it is nat yet knowen whether they be gyltye or nat And also / if it be in case that they ought to haue priuelege and be delyuered / yet if they be asked of offycers that haue no power to delyuer them / ther is no cause why such offycers that so deteygne them / shulde be excommunycate / or their landes enterdyted And therfore it semeth / that constytutyon farre vnreasonable in that pointe And that clerkes ought nat to be put to answere before laye men / I neuer sawe any auctoryte therof / but lawes of their owne makyng which be therin of no strengh for theÌ„ in this realme / excepte certayn lybertyes that they haue iÌ„ that behalf / by the kyng his ê“genytours / by the lawes and customes of the Realme / whiche be right great moch fauourable vnto them / it they be well loked on And if they wyll nedes clayme suche lybertyes by other waies / than by the kiÌ„ge and his lawes / that they haue them of they deserue the lesse to haue theÌ„ any lenger Than the seyde Constytucion saith farther in the later ende / That if clerkes restored to the churche / be amerced by the seculer iuge / for any personall transgressyon / the prelates shall nat compell the sayde clerkes to paye the same amerciameÌ„t seynge they were nat coÌ„dempned by their own iuges And surely there is no cause / why a clerke for a personall transgressyon shulde nat be compelled to pay the amercyameÌ„t / and that by the kynges Iuges as well as any laye man shulde / without spekynge any thynge to the prelates in it but yet as longe as such lawes stande vnrepelled it wyl be thought by many of the clergye that it is nat so / that the lybertye of the churche is greatly offended by it The eyght chapiter THere is a Constitucion in the seconde boke in the tytle of a coÌ„peteÌ„t courte / that begynneth / Circumspecte agatis et infra / wherin be dyuers artycles which be put in maner worde for worde among the statutes of this realme / whiche the lerners of the lawe of this Realme haue coÌ„menly amonge them / and there is set as for a tytle of the sayd CoÌ„stitucion these wordê folowyng CertaiÌ„ thiÌ„ges takeÌ„ out of the kyngê answers c. whiche neuerthelesse as I suppose were neuer takeÌ„ out of the kyngê answeres / for they be in some poyntes clerely agaiÌ„st the lawes of this realme / as it is in that there is recyted therm that prelates / for fornycacyon auowtry / or suche other / enioyne sometyme corporall punysshemeÌ„t / some tyme pecunarye / but I neuer herde that prelates haue auctoritie to enioyne peyne pecunarie for aduowtrye / fornycacion / or suche other And also in the sayd constitucyon it is sayde / that if the prelate or aduocate of any churche aske of the persone any pencion due to him / that all suche pencyons ought to be asked in the spirituall court / and maketh no exception of no maner of pencion / the lawe of the realme is clere / that Annuyteis and pencyons that begyn by coÌ„posycion or agrement of the parties / and also by prescripcyon belong to the kynges court / and therfore many haue sayd / that the sayde treatyse of Circumspecte agatis is no statute / but that it was so named to be by the prelates / and so it is sayd that it was in the .xix. yere of kynge Edwarde the thirde in a writ of Annuitie / and if it be so / than is it but onely a bare constitucyon / And than it is to the two poyntê afore rehersed clerely voide / because it is therin dyrectely agaynste the kynges lawes his prerogatyf / was also made without his asseÌ„t or any of his ê“genitours The nynth chapiter THere is a constitucyon in the thirde boke among the constitucyons De Clericis non residentibus that begineth Audistis et infra wherin it appereth that whan a preest taketh two benefices with cure of soule without a pluralitie / that some lawes spirituall haue iuged both to be voyde / and some haue holden the laste to be voyde / as the legatyne of Octobon doth And than the sayd Constitucyon decreeth that he shal be content with the last benyfyce so optayned But all those lawes / as it shulde seme by the sayde constitucyon / are to be vnderstand only of such benefyces / as any parsone had at that tyme withoute pluralitie And therfore the same coÌ„stitution gothe farther / and decreeth that who so euer hensforthe receyue many benefyces all hauyng cure of soules / or otherwyse uncompatyble / without the popes dispensatyon / or gete them by waye of institutyon or coÌ„mendam / or of custody / otherwyse than the constytution of Gregorie made in the counsaile of Lions doth permytte the same in so doyng to be depriued from all benefyces that he hath so optayned And than as I take it / the lawe of this Realme is / that all benefyces so optayned with out pluralitie / be clerely voyde with out any depriuation For there be in the lawes of Englande / fyue causes of a voydaunce of a benifyce That is to saye Resygnation / dethe / depriuation / creation / cessyon And CreatioÌ„ is / where a maÌ„ that hath dyuers benifices is made a bisshop for than all his benifeces by that creatioÌ„ be forchwith voyde And where a man taketh two benifyces / without pluralytie they be voyde also And that is called Cessyon And if there must be therupon a depriuatioÌ„ before they be voyde / thaÌ„ is the depriuation the cause of the voydauÌ„ce not the CessyoÌ„ And thaÌ„ there shuld be but four causes of a voydaunce / howbeit I wyll nat determynatly speke in that matter / for they that
fifth beke / in the tytle of canonycall purgatyoÌ„ / that begineth Statuimus et infra wherby it is decreed that if clerkê haue made their canonycall purgatioÌ„ vpon suche thynges as was layd obiecred agaynst them / that yet neuerthelesse the laye power taketh their goodê or with holdeth theÌ„ / that such takers witholders shal be coÌ„pelled vnto restitucyon of the seid goodes by censures of the church And the canonycall purgation that is spokeÌ„ of in the seyd coÌ„stitucyon / semeth to be the purgation of clerkes coÌ„uycte / that be coÌ„mytted to the bisshops prysoÌ„ and there make their purgation / and that the prelates ment at the makige of the seyd constitucyon / that if they dyd so / that they shulde haue theyr goodes that they had whan they wer conuycie But I take the lawe of the realme to be / that clerke coÌ„uycte shal forfayte his goodes And if it be so / that constitucyon can nat helpe it by no maner of purgatyon that can be made by the clergye ¶ The .xxvi. chapiter PRelates haue done verye moch in time past to brige it about that clerkê shulde nat be put to aÌ„swer before lay men And bicause clerkes sometyme offended in huntynge in forrestes parkes / wherof many tymes suche great dyspleasure was taken / that amendes must nedes be made The Prelates made a lawe to appoynt howe the ameÌ„des shulde be made in suche case by their owne auctoritie / so that there shuld nede no sute be takeÌ„ in the behalfe at the kingê lawe / the remedy was thys As it appereth in the fifth boke / in the title of a clerke that is an hunter in a constitucyon / which begynneth We ordeyne that if any clerke c. That if the clerke were conuycted therof before the Ordinary or coÌ„fessed it / that than the Ordinarie shulde make redemptyon therof in his goodes / and satisfye the partie greued And if he had no goodes / that thaÌ„ his bisshop shulde greuously punissh him And surely if any Ordynarie dyd execute the seyde Constitucyon / and put the clerke to answere of the offence afore him / and after made redemptyon of his goodes accordynge to the Constitucyon / he shulde renne clerely in to the premunire And furthermore in case that the clerke haue no goodes / ne can nat be founde / he shall be outlawed at the coÌ„mone lawe / nat withstaÌ„dynge any punisshment that the Ordynaries coulde make vpon him And yet it semeth that the makers of the seyd Constitucyon wold haue preueÌ„ted that outlagarie if they coulde And now let euery man iuge what goodnesse can come by the seid Constytucyon / or why it shulde be suffred to contynew any lenger / syth it can do no good to prelates or clerkes / ne to none other ¶ The .xxvii. chapiter THere is a Constitucyon in the fyfthe boke / and in the tytle of paynes / that begynneth Eterne sanctio voluntatis et infra Wherin it is recyted a monge other thinges / that it oftetymes happeneth Archebisshops / bysshops / and other inferiour prelates to be called to seculer iugement / for such thiges as be knowen merely to apperteyne to their offyce / and to the spirytuall courte wherof I shall recyte parte / and parte I shall omytte to eschewe tedyousnesse First it is recyted / that if prelates parchaunce haue amitted or nat amytted clerkes to churches vacante or nat vacante or haue excomunicated their subiectes / haue enterdited / haue had cognicion of causes spirituall / as of boundes of parisshes / which as it is sayd there may in no wyse pertayne to the seculer courte / or if they haue taken examinacion of the defaultes of their subiectes as of partury / promes brekyng / troublynge of the churche lyberties / seynge that the violatours therof be by the sentence made vpon the kynges charter excomunicate in the dede doyng or if they holde plee bytwyxt the laye complaynyng and Clerkes defendynge in personall accyons vpon contractes or as contractes / vpon trespas or as trespas All which matters with diuers other here omitted is preteÌ„ded there in the sayd Constitucion to be mere spirytuall / and I haue here recyted these artycles therof / that it maye the better appere whether they be mere spirituall or nat / And it is euydent ynow that dyuers of them are mere temporall And neuertheles it is ferther decreed there that Archebysshoppes / Bysshoppes / and other prelates shall nat appere whaÌ„ they be called before the kyng or his Iustices for such causes for so moche that ther is no power geuen to the laye / to iuge the lordes anoynted / but ought of necessyte to obeye them / and than for reformynge of suche thynges / the Constitucion gyueth strayte proces agaynste the kynges baylyffes and offycers / and agaynst the clerkes that do make the writtes of attachemeÌ„tes or distresses with great excomunicacions and enterdictions / and fynally procede so farre that they sette the kynges landes in a certayne circuit therin lymyted vnder interdiction / but he vpon the admonicyon of the Bysshoppes reforme suche thynges / and it is after decreed / that if the Bysshoppe or ecclesyastical iuge or inferiour prelate be compelled by suche distresses to appere / and the Actes of his 〈◊〉 be than requyred of him so that it may appere therby / whether he hath proceded in any of the seyde cases or lyke / or if othes / excusations / or put gacyons / be required therin / that he shall in nowyse exhibyt his Actes or gyue any othe / for that the partyes maye brige the Actes forth c. And why any such lawes shulde be made that they shuld nat in such case shew their Actes or proces / ne make anye othe before the kyng or his iustyces I can nat parceyue the verye cause / but that they be of lykelyhode very lothe to haue it examyned What is their verye Iurisdiccyon and what nat Thus haue I recyted parte of the seyd coÌ„stitucion / and remytte the resydue to theym that wyll take the payn to rede it And surely they that so do / shall se dyuers harde and extreme clauses Actycles in it And if they and such other lyke were refourmed / I thike it were right good and expedient / as well for the clergye as for the people The .xxviii. chapiter THere is a Constitucyon in the .v. boke / and in the tytle of paynes / whiche begineth / Euenit et infra wherby it is decreed thê° The laye shalde compelled precysely by senteÌ„ce of excomunicacion to paye all maner penalyties / as well corporall as pecunarye / whiche they be enioyned to by their prelaties / and they that wyl let or stoppe such penalyties to be payde / shalde punisshed by sentence of interdiction and excomunication / than if the proces be made vnto the distraynyng of prelattes for that cause / let proces be made against the distreyners by the penalyties declared in
lykely to be suspected ther of / and there vpon it foloweth / that if such an inconbeÌ„t refuse to be sworn Wherfore the ordynary for his disobedyence refuseth him That a Quare impendit lyeth agaynst the ordynary by the Kynges lawes / and he shal be compelled to admit him But than wyll the bysshoppe for his disobedyence pretende to depreue him agayne / grudges / suetes / and variaunces may encrese / and the cause of all this hath resyn by reason that the bysshoppes whan they sawe cause resonable as they thought to haue lawes made in the case before rehersed wold nat coÌ„playne to the ê‘lyameÌ„t to haue it reformed there but wold make lawes themselues / which thei had none auctorite to make / and if they had complayned to the parlyament / and the parliament wolde nat loke vpon the matters / than were the ordynaryes the more to be excused for that they dyd that in them was / and therfore as me semeth the parliameÌ„t dyd well if they wolde make lyke lawes in the cases before rehersed / and in other lyke / where the clergy haue made lawes vpon a resonable consyderation / where they had none auctorite so to do And thaÌ„ the lawes shulde stande in good strength in the lawes of the realme against the offeÌ„der / as they do nowe in the spirytual lawe / and if it be thought that no profet can come of the makyng therof / than it wyll be better to repelle them / than to suffre them contynue any lenger The fourth chapiter THere is a Constytutyon in the tytle of othes in the second boke / whiche begineth Euenir et infra c. Wher by it is decreed that whan prelates and ecclesiastycal iuges enquere of the defautê and excesses of their subiectes that deserue punishement that the laye shall be compelled if nede requyer by sentence of excoÌ„municacyon to gyue an othe to say the truth / and that if any with staÌ„de or let the othe to be gyuen / that he shal be brydeled with the sentence of excoÌ„municacyon and interdiction / and this constitutyon standeth nat with conscience / for it excepteth nat that there shall be any monicyon gyuen before accordynge to the gospell / ouer that there be many thinges that a lay man may knowe / whiche he may nat with conscience vtter to none other / neither after monicyon nor before / and yet by this constitucyon he shall be enforced therto or be a cursed / put him selfe in ieopardy to be taken as to the worlde / as a man a cursed / and yet be nat a cursed before god / and the constitucyon is nat / that it shal be disclosed secretely to the prelate / as it may be somtyme if the denouncer thynke the prelate secrete and charitable / but it must be done in the courte / so that processe shal be made vpon it / and that may do great hurte / for accordyng to the myndes of many doctours / some per sons refrayne to offende for feare of infamye / whiche if they perceyue them selfe openly fallen in to it / wyll fall to sine / all feare set a parte And ouer that it may be / that none knoweth the mater but he only / than his sayenge is no suffycyent profe / to compell him to swere where his othe shall do no good / but happely tourne him self to trouble / semeth nat reasonable And ouer that / the othe that is apoynted to be taken by the sayde constitution / is nothyng lyke to the othes that men be compelled to take at the comeÌ„ law / to enquere vpon transgressours / for they enquere coÌ„menly vpon murthers / felonyes / trespasses of landes and goodes / comen nusances / or other thynges as be agaynst the peace / and to the hurte of the comen welth / that requyre also the iugement of deth / restitution to the partyes / auoydyng to the comen nusances or suche other as iustyce requyreth to be done / and that can nat be holpen by no monycyon made after the offence And also suche enqueryes at the comen lawe haue ben alway vsed by a generall custome of the realme / for the mayntenaunce of iustice and of the comen welth But this othe was brought vp by the clergye without assente of the kynge or of the people / and where vnto they could nat compelle any man before and if any maÌ„ wyll say that this mocyon may do hurte / as to auoyde corrections / and gyue boldenesse to theÌ„ that be yuell to offeÌ„de / to that I wyll say thus I wyll nat denye but that charytable corrrcetions be ryght expedieÌ„t / specyally where there is dout of recydiuatyon fallyng agayn to synne / but surely I haue nat herde but that offenders in tyme paste / by one meanes or other I knowe nat redily howe haue ben suffred to syt styll without correction / nat withstandyng all the othes that haue ben made in spuÌ„all courtes in tyme past The fyfth chapiter THere is a CoÌ„stitucyon in the fyrste boke in the tytle of the Archepreest / that begynneth Ignorantia sacerdotum et infra Wherein amonge other thynges the ten commaundementes be recyted / and it apereth therin / that the fyrst coÌ„maundement of the second table / is to honour our father and mother temporally and spiritually / and it is sayd after in the same place / that in this coÌ„maundement is nat vnderstande onely the father and mother carnall and temporall / but also spirituall So that the father spyrytuall is the prelate of the churche / mediat or immdyeate / and the spirytuall mother is the churche / whose sonnes be all euery catholyke persone persones / by whiche Constitucyon / some spirituall men haue pÌ„tended in tyme past that euery man is as moche boundeÌ„ to honour his spirituall father / wherby they vnderstande his prelate and his spirituall mother / wherby they vnderstand the church / that is to say prestes / as they be to honour theyr father and mother carnall / and that if nede requyre / they be bounde to releue theÌ„ temporally / as theyr own father and mother / And that is moche lyke to the errour of the Pharisyes whiche taught the people / that if they wolde offre to the Temple / it shulde discharge them of their dutie to their father and mother / as appereth Luc. xv It is also a great ouersyght / that the clergye calleth the churche the spirituall mother to euery catholyke persone / meanynge only by that worde church / prestes for all Catholyke people make the churche / which is the spirytuall mother / so that preestes be but onely a parte of it How be it that they be in dede a right notable parte therof / but to call them selfe the hole churche it semeth a gret ouersyght / and that they haue do so / it appereth in many writynges / as whan it is sayde that suche a thiÌ„g
iurisdiccyon / is eyther to do them good / or els no hurt And so it appereth / that they complayne without a cause / yet the coÌ„plainte is haÌ„deled vnder suche a facyon that it might make som that shuld happeÌ„ to rede it / thynke that the spyrituall Iurisdiccyon were therin greuously offended And yet / whan the matter is throughly loked vpon / it appereth that it is nat so Also in the same CoÌ„stitucyon / a lyttell before the clause that is remembred before / the same Constitucyon sayth thus And some tyme whan a surmyse is made to the kynge / that the seyde parties imprisoned be excomunicated for such causes as apperteyneth nat to the spirytuall courte / that than haue the sheryffes in coÌ„maundement / that if he be excomunycate and imprisoned for such cause and none other / to cause the bisshops to delyuer them shortly / and no credence or faithe / saith the seyde coÌ„stitucyon is gyuen to the proces of the spirytuall Iuges vpon suche cause of excoÌ„municacyons / and vpon those wordes / it is to be noted / that the seyd coÌ„stitucyon in the clause mistaketh the lawe of the realme verye farre / for the lawe is / that suche an excomunicate ê‘sone shall neuer be put in to the bisshops prison / but in to the sheryffes prison / and than to haue a coÌ„maundemeÌ„t to the sheryffe / that he shall cause the bysshop to delyuer him out it standeth natte with reason / for they can nat delyuer him oute of prison that they haue nat the kepynge of / and as they mystake the lawe of the Realme in that poynte / so they do in many other in the sayde Constitucyons / as it wyll appere if they be well thorowly loked vpon / and it is somwhat to be meruayled / that the Constitucyon sayth / that no credence nor faith is gyuen to the proces of the spyrituall Iuges / vpon suche causes of excomunicatyon for vpon their proces and certifycat the partie is arested / and than if it appere after by the proces / that the partye is imprisoned for suche cause as appertayneth natte to the spirytuall courte / than dothe the kynge well / if he commaunde the sheryf to delyuer him out of pryson / and he is also of Iustyce bounde to do it And ouer that / if a man were excomunicate for that thynge that apparteyneth nat to the spirytuall courte / and after suche a proces were shewed / wherby it shulde appere / that the matter shulde apparteyn to the spirytuall courte / and the partye wyll auerre the coÌ„trarye what credence shulde be gyuen to the spirytuall proces in that behalfe I wyll nat take vpon me to determyne but commytte it to other / howe be it it shulde seme resonable that the partye shuld haue auerremeÌ„t agaynst it And after in another Constitucyon / that is in the fyfth boke / in the tytle of the sentence of excomunicatyon / begynneth Furthermore it happeneth sometyme c. Amonge other thynges that be moch lyke to the constitucioÌ„ before rehersed / it is decreed that if the writte of Excomunicato capiendo be required / and in especial where it ought to be awarded bi the laudable custome of the realme / and it be nat graunted / that the kynge muste be warned by the prelate / that it maye please him to grauÌ„te the seyd writte / which if he wil nat do all his cyties / castels / boroughes villages whiche he hathe within that dyoces shal be eÌ„terdicted / so an interdiccioÌ„ is deryuyed agaynst him by occasion of the fauour that his owne lawes / the custome of his realme hath gyuen vnto the clergye And I thynke veryly / that if the rulers wolde take the payne to loke vpon the sayde Constitucions / they wold nat suffre them to stande vnreformed / for gret charges and expences be lyke to folow vpon excomunications / as long as they shall be suffred to stande in effecte The .xx. chapiter IF a Parson or a vycar suffre their houses to be in decaye / dye It is resonable that his executours shulde repayre them / if they haue goodê suffycieÌ„t to do it / but yet it semeth that the spiritual iurisdictioÌ„ hath no power to compell the executours to make the reparacyons / for it is a thynge concernyng waste / that is teÌ„porall / and parteyneth merely to the kynges courte / and the iugement of it concerneth the payment of money by the executours / whiche the spirytuall court hath no power to enioyn the executour to And if they do / they ronne therby in to the premunire / therfore it were better that a remedy were prouyded in suche case by parlyament / than that so great daunger shulde hange vpon the prelates / and also vpon the parties that shulde sue accordinge to the ConstitucyoÌ„s made in that behalfe / wherof one is in the thirde boke / in the tytle of buyldynge of churches And begynneth If the persone of any churche c. And the other is in the same tytle / and begynneth We ordeyne that no inqsicyon c. ¶ The .xxi. chapiter IT is resyted in a Constitucyon / that is in the third boke / in the tytle of churches liberties / and begineth thus For as moch as the laye be forboden c. That lay men be forboden / as well by the lawes of god as of man / to ordre and dyspose the churche goodes by the which terme churches goodes / spirytuall men vnderstande / as well landes and tenementes / as chatels personels And I suppose / that there is no lawe of god that dothe prohibyt laye men to dyspose and determyne the right of laÌ„des and goodes of the church but that it most properly apperteyneth to theym / and nat to the clergye And that semeth to appere Luc. xii Whan our lorde refused to denye the enheritaunce bytwexte the two brethern And it is to suppose / that as he refused to medell with the iugemeÌ„t of suche temporall matters him self / that he wolde his appostels and discyples / to whom the clergye be successours shulde doo the same And as it semeth he wolde also that the Emperour that tyme beinge / and his lawes shulde doo it and nat he Than the same Constitucyon gothe further / and fyndeth a defaute at parysshens / that take trees growynge in churchyeardes some tyme to their owne vses / and sometyme to the vse of the churches And it byndeth all such doers in the sentence of excomunicatyon / comprehended in a legatyne of Octobon / in a constitucion made by the counsell of Oxforde / agaynste the vyolatour of the churchê lybertye And it decreeth further / that they shal be put froÌ„ the company of the faythfull / to their confusyon shame / tyll they offre make an effectuall ameÌ„des And this is a right sore and an extreme lawe for as I take it the trees in the churcheyarde ought to stande
that behalfe / and how farre that Constitution is agaynst the kynges lawes and his prerogatyfe / and how farre it pretendeth aboue the comon vse of the spirituall turisdiction / and agaynst all lawes that haue ben made in tyme paste / concernynge the spitytuall turisdiction / it wyll appere to all that wyll take the payne to rede them / and if it shulde stande in strength / it shulde folowe thervpon that if a man were enioyned by his prelatte to paye damages for a trespas / or a dysseason / or to paye a dette or a certayne some of money for a couenaunt broke or such other / he shulde be compelled to paye it / and they that wolde let it shulde be enterdit excomunicate / as appereth by the playne letter of the sayd CoÌ„stitucion / and so shulde the spirytuall courte haue power to holde plee and gyue sentence vpon mere Temporall thynges / therfore the makers of the said Constitucion by the makynge therof gaue a great occasyon to haue all suche lyberties iurisdictioÌ„s / as they had kynges grauntes / and by the custome of the realme taken fro them But yet if the prelates and Clergye that nowe be / wyll indeuour them to refourme suche thinges / than the makynge therof can nat be layd to theÌ„ ¶ The .xxix. chapiter If a man reporte vntruely / that prelates and spirituall Iuges / holde plee for the Tytell of Patronage / of cattell / and of other thynges apparteynynge to the Kynges courte / wherby the prelates and spyrytuall Iuges be blasphemed hurted I thynke an accyon lyeth in the kynges lawes agaynst him that maketh that vntrue reporte / and yet neuerthelesse prelates haue made a constitucyon / that such reporters shal be openly accursed / as striuers against the churches lyberties / vnto suche tyme that they haue recompensed the Iuges and also the parties for their expences and damages And surely if spirytuall Iuges execute that constitucyon / and compell aâ—â— to make recoÌ„pence in that behalfe / they reÌ„ne in to the premunire / for the shad none auctoritie to make that decre And it is nat the very charytable waye / ne the waye to gyue good exaÌ„ple to the people / ne to enduce them to sufferauÌ„ce and forberige of other to se their prelates vpon so lyght offences make lawes / for reuengynge of their owne quarelles / and to desyre to be their owne Iuges therin And the seyd constitucion is in the fyfth boke and in the tytle agaynste grefes / and begynneth For as moche as it hath ben et cetera ¶ The .xxx. chapiter IF a prest craftely imagynnynge to Intrude in to the benyfyce of a nother / afferme that the possessour of the benefyce is deed / or hath resygned / and therupoÌ„ he procureth him selfe to be preseÌ„ted in to the same benifyce by the same patron that presented the other / or his heires / and so taketh the profytes The other whaÌ„ he knoweth of it / maye sue him that so entreth as an Intruder in the spyrituall court / for there the right of patronage bytwixte those two encombentes / that clayme by one patrone can nat come in debate / but if the intruder in such case procure himselfe to be presented by another patrone / and therupon entreth and taketh the profytes / there lyeth no sute against that Intruder in the spirituall court for there the tytle of the patronage maye come in debate bytwixte those seuerall patrones And yet Otho in his legantyne that begineth Euery louer of iustyce c. Puttyyg no dyuersyte bytwyxte Intruders that enter by one patrone / and by seuerall patrones / decreeth that he which procureth him selfe to entrude / besyde the restitucyon of damages / shall be forth with in the dede doynge suspended from offyce and benifyce / which thynge he wyll to be extended onely to hym that presumeth of hys owne wyll / vyolently or priuely to inuade a benifyce / whyles another is in possessyon / and after enforceth hym to defende the same And bycause the seyde decre extendeth it selfe as well to make processe / where the Incombentes be preseÌ„ted by seuerall patroÌ„s as by one selfe patron It is against the kynges lawes / and wolde be refourmed FINIS ¶ The table THat excluding of lay meÌ„ fro the heryng of the coÌ„stytucion made agaynst coÌ„cubinaries / is nat reasonable The first chapif ¶ Of a constitucyon that sayth / that Matrimony in the newe Testament accordeth to them that be imparfyte / The seconde chapiter ¶ Of a Constytucyon that a prestes sonne shall nat be presented immedyatly after his father / and of an othe to be gyuen to the encombent whaÌ„ he is presented / that he hathe nothynge gyuen for his preseÌ„tation The third chapiter ¶ Of a Constytucyon whan prelates enquere of defautes that the laye be compelled vpon payne of excomunicatyon / to gyue an othe to saye the truth The fourth chapiter ¶ That the prelate mediat or imedyate / is the father spirituall / and that the spirytuall mother is the churche / whose sonnes be all Catholyke parsones And of this terme church The fyfth chapiter ¶ That it is troublous to the people to haue two powers within the realme / wherby they may be sued of one thynge in seuerall courtes by seuerall auctorities The .vi. chap. ¶ Of puttynge of preestes to aÌ„swer afore laye men / and of AmerciameÌ„tes of clerkes The seuenth chapiter ¶ Of the constitucyon of Circumspecte agans / and whether it be a statute The eyght chapiter ¶ Whether both churches be voyde if a maÌ„ take two benyfyces without Pluralitie The nynth chapiter ¶ There is a Constitucion that the Ordynarie shall nat delay a presentment aboue two monethes and whether he maye therby take the two monethes The tenth chapiter ¶ That possessyons of the churche shall nat be aliened / the fourme of the Canons nat obserued The .xi. chap. ¶ Of a Constitucyon that all they be accursed / that letteth a woman couert to make a wyll The .xii. Chap. ¶ Of a Constitucyon wherby it is decreed / that clerkes may make their wylles The .xiii. chapiter ¶ Whether the tenth part for tythes be by the lawe of god / and of dyuers other thynges concernynge Tymes The .xiii. Chapiter ¶ That the lawes of excoÌ„icatyons be sometyme vncertayne / and that there be to many of theÌ„ The .xv. cha ¶ If a recouery be in the Kynges courte agaynste a dysturbour / his IncuÌ„bent that is in possessyon / whether the Ordinary whaÌ„ the kingê writ cometh to him / be bounde to remoue that Incombent The .xvi. chapiter ¶ Whether sent wary and clergy be by the spirituall auctoritye / or by the auctoritye of the kynge and his lawes The .xvii. Chapiter ¶ Of a Constytucyon that is made concernynge Temporaltyes in tyme of Vacacyons / and of proces to be made therupon agaynste the Kyng The .xviii. Chapiter ¶ Of the writtes of Excomunicato Capiendo / et de Caucione recipienda And howe the kynges landes in a certayne cyrcute maye therupon be enterdyted The .xix. Chapiter ¶ Of wast done in houses of ê‘sons and Vycars decessed The .xx. cha ¶ Of a Constitucyon / wherin it is recyted / that laye men be forboden as wel by the lawes of god as of maÌ„ to ordre the churche goodes And of trees iÌ„ churchyardes The .xxi. cha ¶ Of prohybitynge of preachynge The .xxii. Chapiter ¶ Of spekynge agaynste Decrees and Constitucyons / and of pylgrymages / and of worshippynge of Images and of othes The .xxiii. cha ¶ Of a Constitucyon / that if a patrone sleye the Parsone / or Vycare / or clerke in the church / that he shall lese the patronage The .xxiiii. cha ¶ Of Clerkes that make their Canonycall purgatyon / and that they shall be restored vnto their goodes vpon payne of censures of the churche The .xxv. Chapiter ¶ Of Clerkes hunters / that their Ordynaries shall make a mendes of their goodes The .xxvi. chapiter ¶ Of dyuers thynges that be pretended to be agaynst the lyberties of the churche And that in some case the kynges laÌ„des in the dioces may ther vpon be enterdyted The .xxvii. cha ¶ That laye men be compelled by excomunicatyoÌ„ of the church / to pay almaner penalyties / as wel corporal as pecunari / which they be enioyned to by their prelates The .xxviii. cha ¶ That if any man reporte vntruly that they holde ple in spirituall courtes of Temporall thynges / that he shall be openly accursed / as a stryuer agaynst the churches lyberties The xxix Chapiter ¶ Of Intrusyons in to benefyces The .xxx. cha ¶ Ende of the table ⧠Fautes in printyng In the .xxi. cha the first lefe / the .ii. side .xiii. lyne / rede deuide for deny In the same .xxi cha the .ii. lefe the .ii. syde the .xiii. lyne / rede cause for case In the .xxii. cha the .ii. lefe the .ii. syde the .xii. lyne / rede taught for thought
be lerned in the lawes of that realme can best determin whether it be so or notte And if the lawe of the realme be therin as I haue sayd / than can it nat be chāged by no constytucyon And thā if the lawe be as I haue sayd before / it foloweth therupō also / that if a man take two benifyces without a pluralytie / that both be forthwith voyde But if he than take the thyrde / that is nat voide For the two fyrste were none of his / whan he toke the thirde But if he after take the fourthe / than are the thyrde and the fonrth voyde also ¶ The tenth chapitre THe lawe of the Realme is that whan a benefyce falleth voyde / and the patron presenteth an able a mete clerke to the Ordynary / that the Ordynary is bounde vpon the payne of a Quare impedit / and to be taken as a dysturber / to admytte that clerke so presented / in as conuenyent tyme as he may / with out any notable delaye And yet it is decreed by a constitucyon / that is in the thirde boke / in the tytle of clerkes that be non resydent And it begynneth Cum secundum apostolum et infra That the bisshop in no meanes shall dyfferre aboue two monethes to admyt him that is presented / wherby it appereth that the meanynge of the cōstitucion is / that he shuld haue power so longe to delaye the prsentement / if he wyll / and that is dyrectly against the lawe of the realme for he is bounde to presente suche an encombent in as cōuenient tyme as he can all notable delayes set aparte as is aforesayde ¶ The eleuynth chapiter IF a bysshop / abbot / priour / or any other spirituall man that hath temporall possessyons / wyll alyeu any of the seyd possessyons / there is an ordre set by the kynges lawes / vnder what maner that Alyenation shall be made And if an alyenation be made accordyng to that ordre / it shall be good perfite for euer And none other hath power to make any lawe to the contrary therof And yet there is a constitucyō made in the thirde boke / whiche is in the tytle of gyftes of prebendes / it begynneth That the churches indempnyties c. Wherby it is decreed that no Abbot / or Pryor / no Archedeacon or Deane / ne any other inferior clerke / p̄sume to selle / pledge or morgage / or to gyue in fee of new or any other wyse to alyenat the possessyons or profyttes of dygnytie / or churche that is commytted to theym / the forme and maner of the Canons therin nat obserued / and that if any dare do the contrarye to this / bothe the thyng that is done shall be of no value / and also he that doth it shal be depreued by his superiour / excepte that he wyll cal backe agayn that he hath alyenat withi a tyme prefyxed by his superiour / and the sayd Cōstitucion goth yet ferther sayth And he also that herefater receyueth the churche goodes and after he is warned presumeth to witholde thē shal be stryken with the swerde of excōicacion And in no wyse shall he be heled of that woūde tyll he haue made restitucion All which lawes be dyrectly agaynst the kynges p̄rogatyf the lawes of the Realme / wherfore it were better that they were put awaye / than to be suffred to stande any lenger / as though they were of effecte / and be nat so indede ¶ The twelfth chapiter IF a womā haue goodes and take a husbande / all the goodes that she hath at the daye of Martagear her husbandes In so moche that if she after that / make a wyll and dye / that wyll after the lawes of the realme is clerely voyde And if she aske lycence of her husbād to make a wyll / and he wyll none giue / he offendeth nat But if a woman haue goodes as an executryce / and take a husbande / those goodes be nat the husbandes But he shall haue them to the vse of the fyrst wyl And if the wyfe in that case / by the lycence of her husbande make a wyll and appoynt another to be her executour and dye / that wyll is good / and that executour shal haue those goods fro the husbande And shall haue all accyons as executour of executrice to execute the fyrste wyll / and also if a man be bounde to a woman by an oblygacyon in an hundreth poundes / and after she taketh a husbande / and she by the lycence of her husband maketh her husbāde or any other her executoure that wyll is good / and he or they so made executours shall haue an accyon vpon that oblygacyon And if no suche wyll had ben made / the husbande ne no nother shuld nat haue hadde any action vpon that oblygation / vnlesse they take a letter of administration as administratours to the wyfe And than there is a generall cōstitucyon made in the third boke / in the tytle of Testamentes which begineth Callyng to mynde the statute c. Wherby all they be accursed / that let the fre makyng of testamentes / of ascriptis / and of other persones of seruyll condicyon And of women also / both maried and vnmaryed / or of their owne wyfes / or of other mēnes wyues And all that constitucyon / as to women couerte that haue no goodes / but as before appereth / is clerely voyde against the lawes of the realme And also of villaynes / the lawe is that if the lorde make a generall seaser of the godes of his vyllayne / that all the vyllaynes goodes be his And of that it foloweth that the wyll as to tho godes is voyde / and that neither there cutoure nor ordinarie may nat wast any of tho goodes for prouyng of the testament But if he were an executour / or if his lorde made no seaser / than he might laufully make a wyll and the wyll were good But if ther be suche a seaser / the wyll is voyde and of none effecte And than if the vyllayn haue none other goodes / the wyll is voyd and nedeth no probate ¶ The .xiii. chapiter THere be diuers good lawes and Canons made whiche nede nat here to be rehersed / whereby it is appoynted howe the goodes of the clergie shall be dysposed in charitable vses after their deth And there be but fewe cases where a clerke after tho lawes shulde make a wyll And the lawe of the realme is / that clerkes may make their willes as lyberally as any lay man may and that though they haue theym for their spirytuall ministratyon And the conuocacyon perceyuynge the fauour that the lawes of the realme beareth to clerkes in that behalf / haue ordeyned that bysshoppes and other Ecclesiasticall Iuges of the prouynce of Cauntorburye / shall in no wyse by any crafte or colour / medle with the goodes of clerkes benefyced / whiche maye by the