est Blessed is that countrey that hath a noble kynge Ecclesiastes .x. ♣ In cogitacione tua regi non detrabas et in secreto cubiculi tui non malediceris diuiti quia et aues celi protabunt vocem tuam / et qui habeÌ„t pennas annunciabuÌ„t senteÌ„ciam Ecclesiastes x. In the secrete of thy hert bacbyte not the kynge / in thy secrete chauÌ„ber / speke nat euyll of a riche man for the byrdes of heueÌ„ shall bere thy voyce / they that haue queles shall shewe thy sentence Ecclesiastes x. ¶ Si ergo delectamini sedibê° et sceptris o reges populi / diligite sapienciam vt ineternum viuetis Sapienci vi O ye kinges of the people if you loue your high seates and scepters / loue wysdome and ye shall lyue for euer Sapienci vi ¶ Rex sapiens / populi stabilimentuÌ„ est A wyse kynge is the stablenesse of his people Sapi. vi ¶ Dyuers autorites prouyng that kynges and princes in tyme past haue ordered thynges that some men call spuÌ„all spirituall The .iii. cha EXiuit igitur Ioseph omnem terram Egipti vendentibus singulis possessiones suas pre magnitudine famis / subiecitque eam Pharaoni et cunctos populos eius a nouissimis terminis egipti vsque ad extremos fines eius / preter terraÌ„ sacerdotuÌ„ que a rege tradita fuit eis / qui bus statuta cibaria ex horteis publiris prebebantur et id circo non suÌ„t compulsi veÌ„dere possessiones suas Gene. xlvii Ioseph wente thorugh all the laÌ„des of Egypte euery man sellynge his possessyons for the greatnesse of the hungre / he subdued it to Pharao / and all the people therof / from the farthest ende of Egypte to the extreme parte therof Excepte the landes of the prestes that were gyuen vnto them by the kinge / to whoÌ„ also suffycient meat was gyuen of the comen barnes / and therfore they were nat compelled to sell their possessyons ¶ Et constituit Salomon iuxta constitucionem Dauid patris sui officia sacerdotuÌ„ in ministeriis suis et leuitas in ordine suo vt laudarent et ministrareÌ„t coraÌ„ sacerdotibê° iuxta ritum vniuscuiusque dici et iauitores in diuisionibus suis ê‘ portaÌ„ et portam sic enim precepit Dauid homo dei nec pretergressi suÌ„t de maÌ„datis regis tam sacerdotes quaÌ„ leuite ex oiÌ„bus qÌ„ precoperat .ii. Parali viii Salomon accordinge to the constitutyon of Dauid his father ordeined the office of prestes in their ministrations leuytes in their order that they shulde laude and minister before the prestes after the customes of euery daye / and porters in their diuisyons by gate and gate so commauÌ„ded Dauid the maÌ„ of god that it shulde be / and they breke nothiÌ„ge of the kiÌ„ges coÌ„mauÌ„demeÌ„t neyther the preestes nor the leuytes in all thinges that the kinge coÌ„maunded ¶ Rex Iosaphat coÌ„stituit iudices iÌ„ cunctê ciuitatibê° Iuda / in Hierl'm coÌ„stituit leuitas et sacerdotes et principes Familiarum vt iudicium et causam domini inditarent habitatoribus eius / et vlterius addidit dicens / Amarias auteÌ„ sacerdos et pontifex vester in hijs qÌ„ ad deum pertinent presidebit .ii. Parali ix Multa eciam fecit Ezechias rex in hijs que videntur esse spuÌ„alia vt patet .ii. paralip xxix xxx xxxi reges etiam diuersi coÌ„stituerunt suÌ„muÌ„ sacerdociuÌ„ inter iudeos vt patet .i. Machab. vii et .x. xiiii The kynge Iosaphat ordeyned iuges in all the cyties of Iuda / in Hierusalem he ordeyned leuytes prestes / princes of Familes / that they shulde iudge the iugemente cause of our lorde to al the dwellers therof / furthermore he added ther to sayeng Amarie / your preest busshop shal be chefe in such thinges as ê‘teyne to god .ii. parali ix Also kynge Ezechias ordeyned many thiÌ„ges that semeth to be spuÌ„al spiritual / as it appereth .ii. parali xxix .xxx. xxxi Also dyuers kynges appoynted the high presthod among the iewes as it appereth .i. Mach. vii .x. .xiiii. The first question the .iiii. Cha. WHether the statute made in the .xlv. yere of kynge Edward the .iii. that is coÌ„monly called the statute of Silua Cedua / be agaynst the lawe of god or nat The .iiii. Chapiter ¶ An answere to the sayd fyrst question THe statute of Silua Cedua wherof mencion is made in the sayd fyrst question standeth wel with the lawe of god / and ought in conscience to be obserued / aswell by the clergye as by the people in this realme and these be the causes that moue vs to say so We thynke that the payeng of the .x. parte of wode aboue .xx. yere can nat conuenyently serue for the susteynauÌ„ce of the spirituall minystres / for they muste yerely and dayly be susteyned / and the profyt of that wode may happely nat come in an hundreth yere or more / for the wode shall growe as longe as it shall please the owner / and therfore whan our lorde Leuitici .xxvii appoynted to the iewes / wherof tythes shulde be payde / he appoiÌ„ted nat that any tythes shulde be payde of the trees / but of the frutes as there appereth Another cause is this Though the people be bouÌ„de by the lawe of reason and also by the lawe of god / to fynde to their spirituall ministers a resonable porcion of goodê to lyue with / yet that the people shall paye precysely the tenth parte to their spirituall ministers in name of that porcyon / is but by the lawe of man And therfore if the tenth parte in any countrey suffysed nat for the minysters / the people were bounde to gyue theym more And accordynge to that / that is sayd before / speketh IohnÌ„ GersoÌ„ in a treatise that he nameth Regule morales / where he saythe thus Solucio decimaruÌ„ sacerdotibê° est de iure diuino quatenus clerici inde sustententur sed quotaÌ„ hanc vel illam assignare aut in alios redditê° coÌ„mutare positiui iuris existit That is to saye / The payenge of tythes to prestê is by the law of god so that they therwith maye be susteyned / but to assygne this porcyon or that / or to chaunge it into other rentes / is by the lawe posytyue / that is to say / by the lawe of man And syth the tenth parte is by the lawe of man / all custommes and prescripcyons of payment of tithes in name of the tenth parte ought to be obserued / so that the spyrituall ministers haue suffycient 〈◊〉 / and the sayd statute is no farther / but that a prohybicyon shall lye where a man is sued in the spyrituall courte for tith of wood aboue the age of .xx. yeres by the name of Silua Cedua / as it hath done in tyme past and though tythes be called spyrituall / yet they be in dede temporall as
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
put them to answere vpon And than is there great defaute in all the clergie / that so depely hath resysted the seyde custome vppon a surmyse that is nat trewe / ne can nat be proued And where dyuers spyrituall men haue in tyme past made pretence as well in open sermons / as in other coÌ„munycatyons / that it is agaynste the lawe of god to put preestes to aunswer before laye men And for profe therof haue layde this texte Nolite taÌ„gere christos meos pÌ„ ciiii That is to saye / Touch nat my annoynted / which they applye only to prestes It is apparant that it is no lytteral exposycion / for after the letter of the seyd texte It maye as wel be applyed to kynges / yea / and to euery christen man / as to prestes And after saynte Augustyne / and saynte Hierome / there is no sence of scrypture suffycyente to proue an argumeÌ„t but only the lyterall sence ¶ The .iiii. question the .vii. cha WHether any of the constitucyons prouyncyall be againste the kynges lawes and his pÌ„rogatyue or nat And of what effecte the exposycion of master Lynwode vpon the seyde constitucyons is of The .vii. cha ♣ The answere to the .iiii. questioÌ„ IT is no dout / but that dyuers of the constitutyons prouyncyall / also of the Legantynes of Octo and Octobon / be dyrectely agaynste the kynges lawes and his prerogatyue / which can nat be here conuenyently rehersed And than it must nedes folowe / that the exposycyon made by master Lynwod vpoÌ„ the same / is againste the kinge and his prerogatyue For vpon a feble foundacyon can nat be sette a stable buyldinge / wherfore it were righte expedyent / that the seyd coÌ„stitutioÌ„s and legantines so beynge againste the kynge and his prerogatyue And the seyde expositions also shulde clerely be prohybit and rased out of the bokes / so that the younge men that shall herafter sette them selfe to studye the Canons / shall nat be disceyued therby hereafter as manye haue ben in tyme paste ¶ The .v. questyon The .viii. cha WHether the treatyse that is called Circumspecte agatis / and that is set amonge dyuers statutes of this realme as a statute / be a statute or nat The .viii. chapiter ¶ An answere to the .v. questyon THe treatise that is recited in the .v. question that is called Circumspecte agatis / is recyted in a constitucyon prouyncyall / which is in the seconde boke of the constytucyons / and begynneth Circumspecte agatis infra / in maner worde for worde as it is conteyned in the seyd treatyse / that is taken for a statute amonges the learners of the lawes of the realme / which also beginneth Circumspecte agatis / and it is recyted in the sayde Constytucyon that is was taken out of the kynges answeres But we neuer sawe any proufe that it was so And there be in the seyde treatyse dyuers thinges that be directly agaynste the lawes of the realme as it is in this poiÌ„te That prelates for fornycatyon / auoutrye / and such other may somtime assygne bodily payne / and somtyme pecunare payne And the law is / that prelates shall neuer assigne pecunary payne for correction of sin but onely at the desyre of the partie And also it is recyted in the seyde treatyse / that if the prelate of any chyrche / or his aduocate aske of a ê‘sone a pencyon / that the sute shulde be in the spyrituall courte / and the lawe of the realme is euyn to the contrary And we thinke that if it had ben a statute / that the lawe shulde neuer haue ben vsed therin so directly agaynste the statute as it hathe ben vsed And in the .xix. yere of kynge Edwarde the thirde in a writ of Annuyte brought in the kynges courte agaynst the sayde artycle of the seid treatyse It is sayde that the seyde treatyse is no statute / but that it was named so to be by the prelates And also the seyde writ of Annuytie / is iuged to be mayntenable in the kynges courte / and that is dyrectly agaynst the seyde treatyse of Circumspecte agatis / wherfore we thiÌ„ke it is no Statute ¶ The .vi. question / The .ix. cha WHether kiÌ„ge Lucyus that was the fyrste christen kynge of the Bretons / in this realme / or kynge Ethelberte that was the fyrste christen kynge of Englysshmen / hadde any lesse auctorite and power ouer their subiectes after they were christened than they hadde before whan they wer paynymes or nat The .vi questyon / The nynth chapiter ¶ An answere to the .vi. question WE neuer sawe cause why kinge Lucyus or kinge Ethelberte recyted in the seyde syxte Questyon shulde haue any lesse auctorite ouer theire Subiectes after they were Christened than they hadde before whan they were Paynymes Howebeit truth it is that after they and theyr people were conuerted / they might nat compel their people to forsake the christen faith whiche they had receyued ne to do any thinge agaynste the christen fayth / but that was no bondage vnto them ne abatynge of their power / but a great lybertye and fredome in god Wherby they their people were deliuered fro the boÌ„dage of infidelitie that they were iÌ„ before their conuersion 1. ¶ And yf anye man wyll saye that the power of Princes shulde be abatted by the wordes that oure lorde sayd to his discyples Mat. 18. What so euer ye bynde vpon erthe shal be bounde in heuyn / and what so euer ye lose vpon erthe / shal be losed in heauen And that by those wordes his disciples their successours shulde haue power to make lawes / wherby princes and their subiectes shulde be bounde / and that therfore the power of princes after the commynge of Christe was abated euyn by the lawe of god To that it may be answered that holye scrypture is nat to be expounded onely after the lytterall sence of the texte / that it is written in / but after other textes of scrypture concerning the same matter And they to be so construed and declared / that there be no coÌ„traryositie in theym / as vndoutedly there is nat / if they be well and truly vnderstande And accordynge to that sayenge there is a texte construed Luc. vi that sayth Et qui aufert que tua sunt ne repetas That is to say / If any man take fro the that is thyne / aske it nat agayne And if that texte shulde be onely taken accordyng to the sence of the same text withoute anye further decleratyon therof / than all propertie were put awaye / and lawes and iustyce concerninge goodes shulde nothing be regarded / wherby the hole commen welth shulde be distroied And therfore that it was nat thentente of our maister Christ / that the seyde wordes shulde be so vnderstaÌ„de / it appereth by the wordes that he sayde Mat. xix Non facies furtuÌ„ Thou shalte do no thefte And in that he prohybiteth thefte / wherby is
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
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